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

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Bureau of Land Management

The Bureau of Land Management (BLM) has no specific requirements or permits for scientific research activities. General use regulations under 43 CFR 2920 govern all non-federal use of the lands managed by the BLM. The local BLM office is to consider the duration of the anticipated use and its impact on the public lands and resources. Permission will be given only for those uses that conform with BLM plans, policy, objectives and resource management programs. For some research activities, a permit may not be required as the regulations provide that no land use authorization is required under the regulations in this part for casual use of the public lands. An application must include a description of the proposed land use in sufficient detail to enable the authorized officer to evaluate the feasibility of the pro-posed land use, the impacts if any, on the environment, the public or other benefits from the proposed land use, the approximate cost of the proposal, any threat to the public health and safety posed by the proposal and whether the proposal is, in the proponent's opinion, in conformance with BLM plans, programs and policies.

National Parks

National Park Service (NPS) regulations prohibit possessing, destroying, in-juring, defacing, removing, digging, or disturbing from its natural state living or dead wildlife or fish, or the parts or products thereof, such as antlers or nests (36 CFR 2.1.). Section 2.2 prohibits the taking of wildlife, except by authorized hunting and trapping activities conducted in accordance with paragraph (b) of this section and the feeding, touching, teasing, frightening or intentional disturbing of wildlife nesting, breeding or other activities. Possession of a weapon, net, or trap without a permit is prohibited.

There is no specific regulation pertaining to scientific research other than the collecting regulation discussed below. Currently, the NPS policy regard-ing research is found in its Administrative Guide, which pertains to all scien-tific research, Application Procedures and Requirements for Research and Collecting Permits, and the Guidelines for Study Proposals. In 1999, NPS began an effort to develop a research and collecting permit and reporting

system. Researchers are required to submit research proposals, which are reviewed by the NPS for scientific validity and actual or potential impact to park resources, among other things. The NPS may impose any conditions it deems appropriate. In reviewing applications, the NPS considers, among other things, whether the proposed research contributes information useful to an increased understanding of park resources or addresses problems or questions of importance to science or society and shows promise of making an important contribution to humankind's knowledge of the subject matter. The qualifications of the applicant are also reviewed.

Scientific collecting, including the taking of plants, fish, wildlife, rocks or minerals is regulated by 36 CFR 2.5. A specimen collection permit may be issued only to an official representative of a reputable scientific or educa-tional institution or a State or Federal agency for specific purposes des-cribed in the regulations. A permit to take an endangered or threatened species listed pursuant to the Endangered Species Act, or similarly identi-fied by the States, may not be issued unless the species cannot be obtained outside of the park area and the primary purpose of the collection is to enhance the protection or management of the species. In park areas where the enabling legislation authorizes the killing of wildlife, a permit that authorizes the killing of plants, fish or wildlife may be issued only when the superintendent approves a written research proposal and determines that the collection will benefit science or has the potential for improving the management and protection of park resources. In park areas where the en-abling legislation does not expressly prohibit the killing of wildlife, a permit authorizing the killing of plants, fish or wildlife may be issued only when the superintendent approves a written research proposal and determines that the collection will not result in the derogation of the values or purposes for which the park area was established and has the potential for conserving and perpetuating the species subject to collection. In park areas where the enabling legislation prohibits the killing of wildlife, issuance of a collecting permit for wildlife or fish or plants, is prohibited.

National Forests

Forest Service laws and regulations prohibit all activities that are not expressly allowed by regulation or permit under 36 CFR 251, and the regu-lations do not address scientific research specifically. The guidelines for special use permits are found in 36 CFR 251.54. The two-tier screening process entails, among other things, determinations that authorization of the proposed activity is consistent or can be made consistent with the standards and guidelines in the applicable forest land and resource management plan

required under the National Forest Management Act and 36 CFR part 219, and that the proposed activity does not materially impact the characteristics or functions of the environmentally sensitive resources or lands identified in Forest Service Handbook 1909.15, chapter 30.

National Wildlife Refuges

When a national wildlife refuge is created, it is considered closed to the pub-lic until it is expressly opened by its manager. The refuge managers are, under the National Wildlife Refuge System Administration Act of 1966, to allow “compatible” wildlife dependent recreation. In 1997, Congress enact-ed the National Wildlife Refuge System Improvement Act (NWRSIA), which retained the compatibility standards, but required FWS to define what it is and establish a process for compatibility determinations. On October 18, 2000, the USFWS issued its Final Compatibility Regulations (65 FR 62457-62483). The regulation defines compatibility as, “a proposed or existing wildlife-dependent recreational use or any other use of a national wildlife refuge that, based on sound professional judgment, will not materially inter-fere with or detract from the fulfillment of the National Wildlife Refuge System mission or the purpose(s) of the national wildlife refuge.” This deter-mination is to be made by the refuge manager.

The primary concern of refuge managers under the statutes and regulations is to, “administer a national network of lands and waters for the conser-vation, management, and, where appropriate, restoration of the fish, wildlife, and plant resources and their habitats within the United States for the benefit of present and future generations of Americans.” The NWRSIA specifically defines the terms 'conserving,' 'conservation,' 'manage,' ‘managing' and ‘management' to mean, “to sustain, and where appropriate, restore and enhance, healthy populations of fish, wildlife, and plants, utilizing, in accordance with applicable Federal and State laws, methods, and procedures associated with modern scientific resource programs. Such methods and procedures include, consistent with the provisions of this Act, protection, research, live trapping and transplantation, and regulated taking.”

State Laws and Regulations

Virtually all States regulate activities involving wildlife, including scientific research. The Center for Wildlife Law has published a handbook entitled State Wildlife Laws Handbook, which covers all State wildlife statutes, although it does not include permitting regulations. State regulations would be found in the States' analogues to the Code of Federal Regulations. Most State regulations also require permits for research on State-owned lands.

Professional Societies

Animal Behavior Society

Website: http://www.animalbehavior.org/
Contact: Animal Behavior Society

Indiana University

2611 East 10th Street #170

Bloomington IN 47408-2603

(812) 856-5541

American Fisheries Society

Website: http://www.fisheries.org
Contact: American Fisheries Society

5410 Grosvenor Lane, Suite 110

Bethesda, MD 20814-2199

(301) 897-8616

American Society of Ichthyologists and Herpetologists

Contact: ASIH has no staffed office. Leadership and committee members,

including the Animal Care and Use Committee, are listed on the

ASM website, which also includes an on-line directory of members'

e-mail addresses.

American Society of Mammalogists

Website: http://www.mammalsociety.org/
Contact: ASM has no staffed office. Leadership and committee members

are listed on the ASIH website.

The Ornithological Council

Website: http://www.nmnh.si.edu/BIRDNET
Contact: The Ornithological Council

3713 Chevy Chase Lake Drive, Apt.3

Chevy Chase, MD 20815

(301) 986-8568

The Wildlife Society

Website: www.wildlife.org
Contact: The Wildlife Society

5410 Grosvenor Lane

Bethesda, MD 20814

(301) 897-9770

(301) 530-2471 Fax

Appendix F: U.S. Government Principles for the Utilization

and Care of Vertebrate Animals Used in

Testing, Research and Training
The development of knowledge necessary for the improvement of the health and well-being of humans as well as other animals requires in vivo experi-mentation with a wide variety of animal species. Whenever U.S. Government agencies develop requirements for testing, research, or training procedures involving the use of vertebrate animals, the following principles shall be considered; and whenever these agencies actually perform or sponsor such procedures, the responsible Institutional Official shall ensure that these

principles are adhered to:

I. The transportation, care, and use of animals should be in accordance with the Animal Welfare Act (7 U.S.C. 2131 et. seq.) and other applicable Federal laws, guidelines, and policies.*

II. Procedures involving animals should be designed and performed with due consideration of their relevance to human or animal health, the advancement of knowledge, or the good of society.

III. The animals selected for a procedure should be of an appropriate species and quality and the minimum number required to obtain valid results. Methods such as mathematical models, computer simulation, and in vitro biological systems should be considered.

IV. Proper use of animals, including the avoidance or minimization of discomfort, distress, and pain when consistent with sound scientific practices, is imperative. Unless the contrary is established, investi-gators should consider that procedures that cause pain or distress in human beings may cause pain or distress in other animals.

V. Procedures with animals that may cause more than momentary or slight pain or distress should be performed with appropriate sedation, analgesia, or anesthesia. Surgical or other painful procedures should not be performed on unanesthetized animals paralyzed by chemical agents.

VI. Animals that would otherwise suffer severe or chronic pain or dis-tress that cannot be relieved should be painlessly killed at the end of the procedure or, if appropriate, during the procedure.

VII. The living conditions of animals should be appropriate for their species and contribute to their health and comfort. Normally, the housing, feeding, and care of all animals used for biomedical purposes must be directed by a veterinarian or other scientist trained and experienced in the proper care, handling, and use of the species being maintained or studied. In any case, veterinary care shall be provided as indicated.

VIII. Investigators and other personnel shall be appropriately qualified and experienced for conducting procedures on living animals. Ade-quate arrangements shall be made for their in-service training, in-cluding the proper and humane care and use of laboratory animals.

    1. Where exceptions are required in relation to the provisions of these Principles, the decisions should not rest with the investigators directly concerned but should be made, with due regard to Principle II, by an appropriate review group such as an institutional animal care and use committee. Such exceptions should not be made solely for the purposes of teaching or demonstration.

*For guidance throughout these Principles, the reader is referred to the Guide for the Care and Use of Laboratory Animals prepared by the Institute of Laboratory Animal Resources, National Academy of Sciences.

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