2nd Edition 2002 arena/olaw institutional Animal Care and Use Committee Guidebook



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Chemical Agents: Intraperitoneal administration of pentobarbital is an effec-tive method of euthanasia in amphibians, turtles and snakes. Tricaine methane sulfonate (MS222) or benzocaine hydrochloride may be placed in the water of amphibians and fish to produce anesthesia and prolonged con-tact will produce death. Inhalant anesthetics may be used for amphibians and reptiles. Due to the low oxygen requirements for reptiles, the onset of unconsciousness and death will be significantly lengthened.




Physical Methods: Poikilotherms may be euthanized by stunning followed by decapitation, pithing, or some other method to ensure death. In frogs and toads, pithing the brain and spinal cord (double pithing) is an effective and acceptable method.



Additional and Adjunctive Methods
The 2000 Report of the AVMA Panel on Euthanasia included additional methods that, under appropriate circumstances, would produce a humane death. For specifics, consult the Panel report published in JAVMA Vol. 218, No. 5, March 1, 2001.

Appendix E: Federal and State Permits Required for



Field Studies
(See Section C.3.d. Field Studies)
One research protocol may be subject to multiple laws and therefore multiple permits might be required. It is most commonly the case that both state and federal permits are needed in addition to site-specific permits for research conducted on federal- or state-owned property.
U.S. Fish and Wildlife Service
The permits administered by the U.S. Fish and Wildlife Service (USFWS) are found in 50 CFR, Sections 1 - 100. The general permit conditions found in 50 CFR 13 state that any person accepting and holding a permit acknow-ledges the necessity for close regulation and monitoring of the permitted activity by the Government. By accepting such permit, the permittee con-sents to and must allow entry by agents or employees of the USFWS upon premises where the permitted activity is conducted at any reasonable hour. Service agents or employees may enter such premises to inspect the loca-tion; any books, records, or permits required to be kept by this subchapter; and any wildlife or plants kept under authority of the permit. The regulations also provide for permit suspension and revocation if permit terms and conditions are violated.
USFWS has developed a system to assess the impact of permitted activities on populations. Known as the Service-wide Permits Issuance and Tracking system, this tool allows permit biologists to determine the cumulative impact of permitted activities on wildlife populations with a high degree of precision.
To take, possess, or transport any bald eagle (Haliaeetus leucocephalus) or any golden eagle (Aquila chrysaetos), or the parts, nests, or eggs of such birds, a Bald and Golden Eagle Protection Act permit is required, although banding and marking may be authorized under a Migratory Bird Treaty Act permit. The USFWS will accept a single application for both permits provided that it includes all of the information required for an application under each applicable part.


CITES
The Convention on International Trade in Endangered Species, commonly referred to by the acronym CITES, is an international treaty codified in U.S. law as part of the Endangered Species Act. It regulates import and export of wildlife and plants listed on its three appendices. Appendix I species re-quire both an export permit from the country of origin and an import permit from the importing country. Commercial trade is prohibited but import and export for scientific research is allowed, subject to very strict permitting requirements. Permit issuance criteria require capture and import methods that minimize the risk of injury, damage to health or cruel treatment. Per-mits are not issued if the proposed import or export would be detrimental to the survival of the species.
Endangered Species Act
The Endangered Species Act prohibits the taking of any species listed as endangered or threatened. The endangered species list is found in 50 CFR 17.11. The term "take" means to harass, harm, pursue, hunt, shoot, wound, kill, trap, capture, or collect, or to attempt to engage in any such conduct. Both civil and criminal penalties can be imposed on a violator. Exceptions are made for scientific research and for activities that will enhance the sur-vival of the species. Permits are required for such activities and are issued by the USFWS (except in the case of marine mammals and fishes, which are issued by the National Marine Fisheries Service). The regulations gov-erning scientific permits for endangered species are found at 50 CFR 17.22; regulations for permits for threatened species are found at 50 CFR 17.62.
In considering whether to grant a permit, the permitting official will consider the purpose for which the permit is required, the probable direct and indirect effect on the population of issuing the permit, whether the permit would conflict with programs intended to enhance the survival probabilities of the population, whether the permit would reduce the threat of extinction, opinions or views of experts in matters germane to the application, and whether the expertise, facilities, or other resources available to the applicant appear adequate to successfully accomplish the objectives stated in the application.

An issued permit may contain conditions that the permitting authority chooses to impose, including requirements for humane conditions (50 CFR 13.41). For instance, the permit may limit the time a researcher may spend in a colony of seabirds, limit capture methods, or otherwise dictate limits on research methodology. Applications for endangered species permits are published in the Federal Register and afford the public an opportunity to comment or object.


Lacey Act
The original Lacey Act dates back to 1900; what is currently referred to as the Lacey Act is actually the Lacey Act Amendments of 1981. It is not spe-cific to research, but pertains to research involving the import and export of wildlife. Most commonly, the import and export of wildlife is conducted by museums acquiring or trading specimens but there is also importation and exportation of live animals for research purposes. The law covers all fish and wildlife and their parts or products. Under this law, it is unlawful to import, export, sell, acquire, or purchase fish, wildlife or plants taken, pos-sessed, transported, or sold: 1) in violation of U.S. or Indian law, or 2) in interstate or foreign commerce involving any fish, wildlife, or plants taken, possessed or sold in violation of State or foreign law.
Regulations pertaining to the import, export, and transportation of wildlife are found at 50 CFR 14. Generally, wildlife must be imported through designated ports in order to allow for inspection by Customs officers and/or USFWS law enforcement officers. Permits can be obtained to import wild-life for scientific purposes through nondesignated ports. Otherwise, for im-port of species not listed on CITES or the Endangered Species List, importers or their agents must file with the Service a completed Declaration for Importation or Exportation of Fish or Wildlife (Form 3-177), signed by the importer or the importer's agent, upon the importation of any wildlife at the place where Service clearance (permission for release from the port) is requested.
Marine Mammal Protection Act
The 1972 Marine Mammal Protection Act established a Federal responsibil-ity to conserve marine mammals with management vested in the Depart-ment of Interior for sea otter, walrus, polar bear, dugong, and manatee. The Department of Commerce is responsible for cetaceans and pinnipeds, other than the walrus. With certain specified exceptions, the Act establishes a

moratorium on the taking and importation of marine mammals as well as products taken from them, and establishes procedures for waiving the mora-torium and transferring management responsibility to the States. The 1988 amendments include the listing of conditions under which permits may be issued to take marine mammals for the protection and welfare of the animals, including importation, public display, scientific research, and enhancing the survival or recovery of a species.

Scientific permits are provided for by 50 CFR 18. If the application is for a scientific research permit, a detailed description of the scientific research project or program in which the marine mammal or marine mammal product is to be used including a copy of the research proposal relating to such pro-gram or project and the names and addresses of the sponsor or cooperating institution and the scientists involved. Where the species is listed as endangered or threatened or has been designated as depleted, the appli-cant must also provide a detailed justification of the need for such a marine mammal, including a discussion of possible alternatives, whether or not under the control of the applicant.
Migratory Bird Treaty Act
The original 1918 statute implemented the 1916 Convention between the U.S. and Great Britain (for Canada) for the protection of migratory birds. Specific provisions in the statute include the establishment of a federal pro-hibition, unless permitted by regulations, to "pursue, hunt, take, capture, kill, attempt to take, capture or kill, possess, offer for sale, sell, offer to purchase, purchase, deliver for shipment, ship, cause to be shipped, deliver for transportation, transport, cause to be transported, carry, or cause to be carried by any means whatever, receive for shipment, transportation or carriage, or export, at any time, or in any manner, any migratory bird, included in the terms of this Convention . . . for the protection of migratory birds . . . or any part, nest, or egg of any such bird." (16 U.S.C. 703)

The Secretary of the Interior is authorized to determine, periodically, when, consistent with the Conventions, "hunting, taking, capture, killing, posses-sion, sale, purchase, shipment, transportation, carriage, or export of any . . .bird, or any part, nest or egg" could be undertaken and to adopt regulations for this purpose.


The title “Migratory Bird Treaty Act” (MBTA) is a misnomer because the Act does not apply only to birds that migrate long distances or across inter-national borders, but to nearly 830 species of birds. Permits for the taking of birds protected by the MBTA are found at 50 CFR 21.
Banding and marking activities require a permit under 50 CFR 21.22. These permits are issued by the U.S. Geological Survey-Biological Resources Division's Bird Banding Laboratory. A banding permit authorizes the place-ment of USFWS-issued bands on birds. Additional authorization is required for the use of auxiliary markers (such as colored leg bands, paint marks, wing tagging, radio transmitters), mist nets, cannon or rocket nets, or chemi-cal means of capturing birds. Permits are specific to taxa or even species. Special authorization is required for endangered species, eagles, waterfowl, and hummingbirds. The Bird Banding Laboratory may also authorize the taking of blood and feather samples. Requests to band in more than one state must be justified.
Other MBTA permits are obtained from the USFWS. These include permits for scientific collecting (50 CFR 21.23). The regulation does not limit the number of individuals that may be collected, but the USFWS by practice and policy does.
Wild Bird Conservation Act
The Wild Bird Conservation Act (WBCA) prohibits the import of any bird into the United States other than those specifically listed in the regulations as permissible. For any other species, a permit is required. This law supple-ments CITES, as many species of birds are also listed on CITES Appendices I and II.
Permits may be issued for scientific research, and are in addition to any other permits that might be required. So, for instance, if the species is also a CITES-listed species, both a CITES and a WBCA permit are required. The regulation for scientific research permits is found at 50 CFR 15.22. Applications must detail (among other things) why the applicant is justified in obtaining a permit, and a complete description of the scientific research to be conducted on the exotic bird requested.

Site-Specific Permit Requirements
Site-specific permits are in addition to the permits described above. A permit to conduct research on federal property confers no right to conduct research without other legally required permits.




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