[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

[[Page 19918]]

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

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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