[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Notices]
[Pages 19917-19919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2014-08062]
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DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
Announcement of Agency Decision: Density of the Primary Living
Space of Captive Chimpanzees Owned or Supported by the National
Institutes of Health (NIH) or Used in NIH-Supported Research
SUMMARY: This notice summarizes the agency's actions to obtain
additional scientific input and announces the agency's decision with
respect to the space density of the primary living space of captive
research chimpanzees owned or supported by the National Institutes of
Health (NIH) or used in NIH-supported research. The NIH has prepared
procedural guidance and technical assistance for researchers, facility
staff, and agency staff to ensure proper implementation of the agency's
decisions. Investigators should follow guidance (see NOT-OD-14-024 at
http://www.grants.nih.gov/grants/guide/notice-files/NOT-OD-14-024.html)
regarding the submission of applications, proposals, or protocols for
research involving chimpanzees.
FOR FURTHER INFORMATION CONTACT: The Division of Program Coordination,
Planning, and Strategic Initiatives, Office of the Director, NIH at
[email protected].
SUPPLEMENTARY INFORMATION:
Background
In February 2012, the NIH charged a working group of the Council of
Councils, a federal advisory committee, to provide advice on
implementing recommendations made by the Institute of Medicine (IOM)
Committee on the Use of Chimpanzees in Biomedical and Behavioral
Research in its 2011 report, Chimpanzees in Biomedical and Behavioral
Research: Assessing the Necessity. On January 22, 2013, the NIH Council
of Councils (Council) accepted recommendations presented by the Working
Group on the Use of Chimpanzees in NIH-Supported Research in its report
(see http://dpcpsi.nih.gov/sites/default/files/FNL_Report_WG_Chimpanzees_0.pdf) and provided these recommendations to the NIH. The
NIH subsequently issued a request for information, http://www.gpo.gov/fdsys/pkg/FR-2013-02-05/html/2013-02507.htm, to obtain broad public
input on the 28 Council recommendations the NIH considered as it
determined how to implement the IOM Committee's recommendations.
In June 2013, the NIH announced its decisions with respect to the
Council of Councils' recommendations; see http://dpcpsi.nih.gov/sites/default/files/NIH_response_to_Council_of_Councils_recommendations_62513.pdf. The agency accepted 27 of the 28 Council
recommendations. Included in these were 10 recommendations describing
the characteristics of a captive environment that allow for and promote
a full range of behaviors that are natural for chimpanzees--or
ethologically appropriate environments (EAE). The NIH accepted 9 of the
10 Council's recommendations on EAE, including recommendations on
enclosure height, foraging and diet, nesting materials, enrichment, a
staff to chimpanzee ratio, staff training, and recordkeeping. The NIH
did not accept Recommendation EA2--``The density of the primary living
space of chimpanzees should be at least 1,000 ft\2\ (93 m\2\) per
individual. Therefore, the minimum outdoor enclosure size for a group
of 7 animals should be 7,000 ft\2\ (651 m\2\).''--based on comments
received from the public. Because of concerns about the scientific
basis for this recommendation and the expected costs of implementing
it, the agency further reviewed the space density requirements with
respect to the promotion of species-appropriate behavior.
While a large number of commenters who addressed Recommendation EA2
supported the recommendation, some commenters emphasized the amount of
space recommended is the minimum needed and larger enclosures that more
closely replicate the amount of space available to chimpanzees in the
wild are
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preferable. Other commenters encouraged the NIH to identify data in the
scientific literature on the appropriate area for chimpanzee housing,
while others argued that the recommended 1,000 ft\2\ area is arbitrary
and unnecessary, is not based on or is contrary to the published
literature, and does not accurately reflect the opinions of some of the
experts consulted by the Council Working Group. Several commenters
noted that certain publications cited by the Council Working Group
pertain to gorillas or to spaces smaller than 1,000 ft\2\. In the
absence of sufficient supporting scientific evidence, these commenters
did not believe that larger housing environments would improve
chimpanzee well-being. Others suggested that rather than establishing
minimum space requirements, the NIH should consider the complexity and
quality of the environment, including the opportunity for chimpanzees
to take temporary refuge from other members of their group.
The agency was concerned about the lack of scientific consensus and
especially whether the published literature supports the Council's
recommendation of providing 1,000 ft\2\ of living space per chimpanzee.
Given that concern, the NIH sought additional input on an individual
basis on the space density needs of captive research chimpanzees from
experts with extensive experience in veterinary medicine, behavioral
management of primates, renovation of chimpanzee housing and research
facilities, primate facility management, and behavioral primatology
(https://dpcpsi.nih.gov/sites/default/files/Space-Density-EAE-List-of-Experts.pdf).
Independent of seeking expert input, the NIH commissioned a
literature review, https://dpcpsi.nih.gov/sites/default/files/ElseLitReviewFinal-110713.pdf, focused on the space density needed to
support an ethologically appropriate physical and social environment
for captive chimpanzees in a research environment. The literature
review was prepared by a pre-eminent veterinary primatologist. That
individual was also asked to identify, review, and summarize relevant
parts of U.S. regulations and other requirements.
The relevant animal welfare/regulatory requirements and guidance
pertaining to the space density needs of captive research chimpanzees
are summarized in the literature review (pages 2-4). The Animal Welfare
Act Regulations, http://www.gpo.gov/fdsys/pkg/CFR-2013-title9-vol1/xml/CFR-2013-title9-vol1-chapI-subchapA.xml, list the minimum space
requirements for the nonhuman primate (NHP) weight category that
includes chimpanzees as 25 ft\2\ for floor area per animal, and 84
inches for enclosure height. 9 CFR part 3.80. The regulations note that
many of the NHP requirements are generic and the conditions appropriate
for one species do not necessarily apply to another. Per the
regulations, the ``minimum specifications must be applied in accordance
with the customary and generally accepted professional and husbandry
practices considered appropriate for each species, and necessary to
promote their psychological well-being.'' 9 CFR part 3, n. 2. The
Chimpanzee Health Improvement, Maintenance, and Protection (CHIMP) Act
(Pub. L. 106-551; http://www.gpo.gov/fdsys/pkg/PLAW-106publ551/pdf/PLAW-106publ551.pdf) directs the Secretary of Health and Human Services
to develop by regulation standards for operating the federally
supported sanctuary system to provide for the permanent retirement of
chimpanzees that are no longer required for research. The regulations
(42 CFR part 9) that implement the CHIMP Act do not specify enclosure
size but stipulate that the size of the sanctuary facilities must be in
accordance with the recommendations of The Guide for the Care and Use
of Laboratory Animals, which align with the minimum space requirements
of the Animal Welfare Act Regulations. The Association of Zoos and
Aquariums and the Global Federation of Animal Sanctuaries recommend
space densities that differ from each other and from the one in
Recommendation EA2.
The remainder of this document summarizes the literature review and
expert input.
Literature Review--Summary
The literature review revealed very limited empirical data is
available on which to base a determination of the minimum space density
necessary to provide an EAE for captive chimpanzees, and no
quantitative data was found to support the figure of 1,000 ft\2\/
individual chimpanzee. Relatively few investigators have reported data
that measure chimpanzee well-being using space density as a variable,
with Ross and his colleagues, who have been studying enclosure design
in zoos for more than 10 years, being one of the notable exceptions.
Ross et al. (2011a) postulated that once the ``minimal size threshold
is crossed'' (as they speculated could possibly be the case with their
Great Ape House facility--space density 12.2 m\2\/individual) they
``would then expect diminishing behavioral and welfare benefits with
further increases.'' Wilson (1982) made a similar observation, noting
that increasing space beyond that required may have little effect on
activity.
The literature review noted there was general consensus among
essentially all investigators as to the importance of vertical space,
climbable space, three-dimensional space, gross usable space, and other
similar enclosure parameters, and the necessity for significant
environmental complexity within the enclosure. The general impression
gained from the literature review is that these parameters share equal
importance with space density when captive chimpanzee well-being is
considered. The difficulty is the lack of a simple, replicable way to
measure them.
There was also general consensus that chimpanzees neither like nor
use open spaces and in most situations they use only a small proportion
of their enclosure space. This is consistent with conclusions of many
investigators that the overall quantity of cage space alone has limited
value when designing an enclosure to maximize the well-being of
primates because the usefulness of space depends upon its quality
rather than quantity (Reinhardt et al., 1996; Wilson, 1982; Stoinski et
al., 2001; Ross et al., 2011a) and, having no stimulatory value, space
alone does not enhance an animal's environment (Reinhardt et al.,
1996).
The literature review also questioned whether the full range of
wild chimpanzee behavior, particularly some aspects of fission-fusion,
are applicable to captive situations, and whether some behaviors, such
as traveling long distances in search for food or patrolling the
borders of their territories, may in fact not be necessary for captive
group well-being, nor desirable for group stability.
Expert Views--Summary
Independent of the literature review, the NIH sought input from
individuals with extensive expertise in veterinary medicine; behavioral
management of primates; renovation of chimpanzee housing and research
facilities; primate and chimpanzee facility management; and behavioral
primatology. The NIH contacted each expert individually and sought
input on the question of space density needs of captive research
chimpanzees. The calls with the individual experts preceded the
preparation of the literature review to ensure that one process did not
influence the other.
The views of the experts were very similar to the literature
review. Each of
[[Page 19919]]
the experts emphasized the critical importance of environmental
complexity rather than focusing only on the square footage of living
space per chimpanzee as a means of ensuring species-typical behavior.
The experts also noted that different animals/groups within a colony
would require different stimuli to exhibit species-typical behavior.
The experts reiterated the difficulty in identifying square footage
requirements, including lack of published literature in this area.
Based on their experience in behavioral management of chimpanzees, as
veterinarians and by directing and operating facilities for captive
research chimpanzees, several of the experts recommended minimum space
needed to promote species-typical behavior. The recommendations ranged
from 150-500 ft\2\ of living space per animal.
Conclusion
The literature review demonstrated there is little published
literature containing quantitative scientific data that can be used to
support a determination of the minimum space density (horizontal
surface area per animal) needed to support an EAE for captive
chimpanzees. Furthermore, other aspects of enclosure design, such as
complexity and vertical height, are considered by many experts to be
more important than space density with respect to chimpanzee well-being
and the promotion of species-specific behavior.
Based on both the literature review and recommendations from
individual experts, it is clear that published guidelines for minimum
living space area for captive research chimpanzees are variable.
Encouraging species-typical behavior among chimpanzees does not simply
result from providing a minimum square footage of living space per
animal. Rather, the characteristics (complexity) of the space as well
as enrichment opportunities have a significant effect on promoting
species-typical behavior. The environment should take into account the
individual chimpanzees' and colony characteristics, including social,
health, age, and biological factors.
Based on the recommendation from the Council of Councils, the
information contained in the literature review, and additional input
from scientific, veterinary, and facility experts, the NIH has decided
that the density of the primary living space of chimpanzees should be
at least 250 ft\2\ per chimpanzee. This decision supplements the agency
decisions on the nine EAE recommendations made by the Council of
Councils (see EA1, EA3-10 at http://dpcpsi.nih.gov/sites/default/files/NIH_response_to_Council_of_Councils_recommendations_62513.pdf).
The NIH expects the facilities it supports to monitor the chimpanzees
for species-typical behavior.
The NIH has prepared procedural guidance and technical assistance
for researchers, facility staff, and agency staff to ensure proper
implementation of the agency's decisions. Investigators should follow
guidance (see NOT-OD-14-024 at http://www.grants.nih.gov/grants/guide/notice-files/NOT-OD-14-024.html) regarding the submission of
applications, proposals, or protocols for research involving
chimpanzees.
Dated: February 25, 2014.
Francis S. Collins,
Director, National Institutes of Health.
[FR Doc. 2014-08062 Filed 4-9-14; 8:45 am]
BILLING CODE 4140-01-P