SUBMISSION BY THE Royal New Zealand Society for the Prevention of Cruelty to Animals Inc ON THE Animal Welfare (Circuses) Code of Welfare 2003 Public Draft dated 30 September 2003
INTRODUCTION The Royal New Zealand Society for the Prevention of Cruelty to Animals Inc (the SPCA) is a not-for-profit organisation based on a philosophy of compassionate consideration for all animals, and with the goal of advancing the welfare of all animals in New Zealand. The SPCA has been recognised as an approved organisation under the Animal Welfare Act 1999, and currently has over 130 appointed inspectors and auxiliary officers working in the field. The SPCA represents a wide cross-section of the community and has over 200,000 members and supporters nationwide. The SPCA welcomes the opportunity to make this submission. SPCA POLICY ON ANIMALS IN CIRCUSES The SPCA is opposed to the use of performing animals in any form of entertainment where suffering, distress or injury is likely to occur. The SPCA accepts the use of performing animals, such as in circuses, only where no suffering or distress is likely to be caused during training and performances, and the animals are provided with adequate accommodation and living space appropriate for the species. Animals should be provided with an appropriate environment enrichment programme to alleviate boredom during periods when they are not training or performing. The SPCA is opposed to the use of exotic animals in circuses. The SPCA believes that exotic animals used in circuses inevitably suffer from inadequate accommodation and living space, due to the transient nature of circuses. Training techniques cannot overcome the animals need for complex, enriched environments. If exotic animals escape from circuses, they are likely to endanger themselves and the public. COMMENTS ON THE DRAFT CODE Our comments on the Animal Welfare (Circuses) Code of Welfare 2003 public draft dated 30 September 2003 follow. All references are to specific sections in the draft code. Overview Based on our policy on animals in circuses, the SPCA believes in principle that: 1. No further exotic animals should be allowed to be acquired by New Zealand circuses after the introduction of this code; 2. Existing exotic animals in circuses must meet the minimum standards of this code. Solitary animals must be relocated to suitable wildlife parks or sanctuaries as soon as is practical; and 3. No international circuses should be allowed to bring exotic animals with them into New Zealand after the introduction of this code. 3.1 Acquisition, Holding, Transfer and Breeding of Animals The SPCA believes that all of the points under Recommended Best Practice should be made minimum standards. The SPCA is particularly concerned that the code allows the keeping of li i l i l hi h fi d ll bl i h
The SPCA therefore submits that minimum standard 1 Acquisition, Holding, Transfer and Breeding of Animals have the following additional clauses: (c) Only circus animals that are being trained to perform and are performing on a regular basis must be held in circuses. (d) Circus operators must aim to keep circus animals in social groups that are similar to the groups in which those animals would normally live in the wild. (e) Social animals must not be kept in solitary conditions where they do not have contact with members of their own species. (f) Circus operators must not acquire individual animals from existing social groups when there is a possibility that the animal will not be accepted by the group maintained by the circus. Individual animals must not be transferred if there is a possibility that they will have to live in solitary conditions. (g) Animals must not be transferred from a zoo to a circus. (h) Breeding animals and very young animals that are not performing must be held at a home base or an overwintering base. (i) Animals must be placed in a breeding control programme. The circus s consulting veterinarian must oversee this programme. The breeding control programme must be documented in the quality assurance system. (j) Circuses must not acquire any further exotic animals. 3.2 Access to Animals The SPCA strongly rejects the statement in the introduction that People benefit from circuses in that there is an interaction between animals and members of the public. This is an absurd statement, considering that the interaction consists of members of the public watching animals in an unnatural environment performing unnatural tricks to the command of a human! The SPCA believes that both points under Recommended Best Practice should be made minimum standards. To suggest that the need for a circus to have an escape/recapture plan is only a recommended best practice is clearly ridiculous. Also, the recommended best practice regarding distractions, loud or unforeseen noises is inadequate and needs rewriting to ensure that steps are taken to protect the animals. The SPCA therefore submits that minimum standard 2 Access to Animals have the following additional clauses: (e) Each circus must have a written escape/recapture plan to protect the welfare of any animal escaping. (f) Where distractions, or loud or unforeseen noises, or other such activities put the welfare of circus animals at risk, the circus owner must attempt to stop the disturbance, or remove the animals to a safer location. 5. Shelter, Accommodation and Housing The SPCA believes that, in the minimum standard, clauses (c) and (g) do not require the rider appropriate to the species as these clauses should apply equally to all species Also clause (d)
The SPCA therefore submits that minimum standard 4 Shelter, Accommodation and Housing (c), (d) and (g) be amended to read: (c) Sufficient shelter must be provided to allow circus animals protection from extremes of wind, rain and temperature. (d) Circus animals must have sufficient access to shade during the hot periods of the day, and, where natural shade is not available, other protection must be provided (e.g. a shade or sail cloth structure). (g) Clean and dry bedding must be provided in housing for all animals. The SPCA believes that the Recommended Best Practice should be made a minimum standard. Clearly, sick or injured animals must be able to be isolated for treatment and undisturbed convalescence and recuperation. The SPCA therefore submits that minimum standard 4 Shelter, Accommodation and Housing have the following additional clause: (l) Facilities must be provided to allow for the isolation of individual animals to enable veterinary examination and treatment and to allow for undisturbed convalescence and recuperation. 4.2 Housing for Lions The introduction is grossly misleading. Lions are very active at night, and expend great energy during hunting and also when marking, guarding and defending their territory. A circus simply cannot provide the space which would allow these animals to exercise to anywhere near the extent they would in the wild. The SPCA believes the minimum standard to be totally inadequate to meet the basic needs of lions. To allow lions a minimum of only 6 hours in their exercise area each day is to accept that it is satisfactory to lock them away for the remaining 18 hours. There is also no weekly minimum number of days that the exercise areas must be available. The standard also currently allows minimum spaces which are well below those that would be considered acceptable in any reputable zoo. The SPCA therefore submits that minimum standard 5 Housing for Lions (a) and (c) be amended to read: (a) Exercise areas must be available to lions for a minimum of ten hours each day, except when dismantling the circus or during transport. (c) Exercise areas for lions must provide minimum space as per the following table: Floor space for 2 animals (lions must not be kept alone) 300 m 2 Floor space for each additional animal 100 m 2 Minimum height Minimum width The SPCA further submits that minimum standard 5 Housing for Lions have the following additional clause: 3 m 5 m
4.3 Housing for Elephants The SPCA believes the minimum standard to be totally inadequate to meet the basic needs of elephants, which, in the wild, may range over several thousand square kilometres, typically spending 20 hours a day foraging for food, as well as bathing, wallowing, grooming and performing other social behaviour. To allow elephants a minimum of only 6 hours in their exercise area each day is to accept that it is satisfactory to lock them away for the remaining 18 hours. There is also no weekly minimum number of days that the exercise areas must be available. The code currently allows minimum spaces which are well below those that would be considered acceptable in any reputable zoo. The SPCA therefore submits that minimum standard 6 Housing for Elephants (b) and (c) be amended to read: (b) Exercise areas must be available to elephants for a minimum of ten hours each day, except when dismantling the circus or during transport. (c) Exercise areas for elephants must provide minimum space as per the following table: Day quarters A pair of elephants (elephants must not be kept alone) 2,000 m 2 Each extra elephant 1,000 m 2 Minimum width 20 m Night quarters (per animal) 30 m 2 The SPCA further submits that minimum standard 6 Housing for Elephants have the following additional clause: (d) Notwithstanding (b) above, exercise areas must be available to elephants for a minimum of ten hours each day, for five days in any seven-day period. The SPCA believes that the Recommended Best Practice regarding the use of tethers should be made a minimum standard. Elephants should only be tethered when receiving veterinary treatment, and then only if it is considered necessary by the trainer. The SPCA therefore submits that minimum standard 6 Housing for Elephants have the following additional clause: (e) Elephants must not be tethered, except for short periods for veterinary treatment or the administration of veterinary medicines. 4.4 Housing for Primates The SPCA believes the minimum standard to be totally inadequate to meet the basic needs of primates, which, in the wild, spend 80% of their time high in the jungle tree canopy. To allow primates a minimum of only 6 hours in their exercise area each day is to accept that it is satisfactory to lock them away for the remaining 18 hours. There is also no weekly minimum number of days that the exercise areas must be available. The code currently allows minimum spaces which are well below those that would be considered acceptable in any reputable zoo.
The SPCA therefore submits that minimum standard 7 Housing for Primates (b) and (c) be amended to read: (b) Exercise areas must be available to primates for a minimum of ten hours each day, except when dismantling the circus or during transport. (c) Exercise areas for primates must provide minimum space as per the following table: Small primates (macaque size) Large primates (e.g. chimpanzees & baboons) Floor space for 2 5 animals (primates must not be kept alone) 150 m 2 200 m 2 Floor space for each additional animal 10 m 2 10 m 2 Minimum height 4 m 4 m Minimum width 5 m 5 m The SPCA further submits that minimum standard 7 Housing for Primates have the following additional clause: (f) Notwithstanding (b) above, exercise areas must be available to primates for a minimum of ten hours each day, for five days in any seven-day period. 5. Husbandry practices The SPCA believes that the Recommended Best Practice regarding floor surfaces should be made a minimum standard. It is common sense that floor surfaces in indoor accommodation must be textured to avoid animals slipping and injuring themselves. The SPCA therefore submits that minimum standard 8 Exercise and Behavioural Enrichment have the following additional clause: (e) Floor surfaces of indoor accommodation must be roughened or otherwise textured so that they will not become slippery. 5.2 Husbandry and Training Practices The SPCA believes that the Recommended Best Practice regarding bodily movements being within the physical capability of the animal should be made a minimum standard. Clearly, if an animal is trained to perform a trick that is not within its physical capability, then its welfare is being put at risk. An example of this is the training of small dogs to do backward flips, and the resulting risk of broken backs occurring as a result of the bodily movement being beyond their capability. The SPCA therefore submits that minimum standard 9 Training have the following additional clause: (j) Circus animals must only be trained to perform bodily movements that are consistent with the physical capability of the animals.
5.3 Lions husbandry and training The SPCA notes that lions are social animals and should therefore never be kept in isolation from their own kind; hence, solitary lions should not be kept in circuses. The SPCA further believes that no further lions should be allowed to join New Zealand circuses. The SPCA believes that the use of fire in performances with lions should be banned. The SPCA also believes that lions should not be detoothed or declawed, unless on the recommendation of a veterinarian where it is in the interests of the animal s health. The SPCA therefore submits that minimum standard 9 Lions husbandry and training be amended to read: (a) Lions must be allowed direct interaction with other pride members. Solitary lions must be relocated to a suitable wildlife park or sanctuary where they can be integrated with other lions. The SPCA further submits that minimum standard 9 Lions husbandry and training have the following additional clauses: (b) Circuses must not acquire any further lions. (c) Lions must not be detoothed or declawed, unless the surgery is recommended by a veterinarian to improve the animal s health. (d) Fire must not be used in performances with lions. 5.4 Elephants husbandry and training The SPCA believes that elephants must be allowed to see and touch other elephants, and that solitary elephants should not be kept in circuses. The SPCA further believes that no further elephants should be allowed to join New Zealand circuses. The SPCA therefore submits that minimum standard 10 Elephants husbandry and training (a) and (b) be amended to read: (a) Elephants must be kept in social matriarchal groups where they can see and touch other elephants. Solitary elephants must be relocated to a suitable wildlife park or sanctuary where they can be integrated with other elephants. (b) Circuses must not acquire any further elephants. The SPCA further submits that the first paragraph of the Recommended Best Practice be deleted as it will now be covered in the revised minimum standard. The SPCA believes that the Recommended Best Practice regarding exercise area complexity should be made a minimum standard. These are basic needs of elephants and are essential to their overall welfare. The SPCA therefore submits that minimum standard 10 Elephants husbandry and training have the following additional clause: (k) Elephants must be provided with as much exercise area complexity as possible, including a pool for bathing, the opportunity to wallow and tree trunks for rubbing.
5.5 Primates husbandry and training The SPCA believes that primates must be allowed to see and touch other primates, and that solitary primates should not be kept in circuses. The SPCA further believes that no further primates should be allowed to join New Zealand circuses. The SPCA therefore submits that minimum standard 11 Primates husbandry and training (a), (b) and (c) be amended to read: (a) Primates must be kept in social groups that approximate the groups in which they would live in the wild, where they can see and touch other primates. Solitary primates must be relocated to a suitable wildlife park or sanctuary where they can be integrated with other primates. (b) Circuses must not acquire any further primates. (c) Primates must not be kept in isolation, except temporarily as a last resort in the management of aggression. The SPCA further submits that the first two paragraphs of the Recommended Best Practice be deleted as they will now be covered in the revised minimum standard. 6. Disease and Injury Control The SPCA believes that to ensure the health of circus animals all the Recommended Best Practices should become minimum standards. The SPCA therefore submits that minimum standard 12 Disease and injury control have the following additional clauses: (c) The circus operator must make contractual arrangements for a consulting veterinarian experienced with all species held in the circus to advise in all matters relating to the health, feeding, exercising, working and welfare of the animals in the circus. (d) At locations remote from the consulting veterinarian, local veterinarians (if used) must make every effort to consult with the circus s consulting veterinarian. (e) Copies of veterinary case notes must be held by the circus. 7. Transport The SPCA queries whether an elephant can comfortably turn around (as required by clause (b) of the minimum standard) in a transport trailer of 2.4 m width (as specified in clause (a) of the minimum standard). 8. Quality Assurance System The SPCA believes that a quality assurance system is essential in order to safeguard the welfare of circus animals and that the first two paragraphs of the Recommended Best Practice should therefore be made minimum standards. The SPCA therefore submits that a new minimum standard Quality Assurance System be created, which reads: (a) To ensure that standards of animal welfare and husbandry are maintained, each circus must implement a documented quality assurance system.
Additional Requirement for Birds Some circuses may use birds in their performances. The SPCA believes that birds that would normally roost at night should not be subjected to performances after dark. The SPCA therefore submits that a new minimum standard be added covering birds, which reads: Circuses which maintain birds that would normally roost during the night (e.g. doves) must not use such birds during evening performances. Additional Requirement for International Circuses Touring New Zealand The SPCA believes that no international circuses should be allowed to bring exotic animals with them into New Zealand after the introduction of this code. The SPCA therefore submits that a new minimum standard be added covering international circuses touring New Zealand, which reads: International circuses touring New Zealand must not bring exotic animals with them into New Zealand. SUMMARY The SPCA thanks NAWAC for the opportunity to make this submission. As has been indicated in this submission, the SPCA believes that there is a significant need for the draft code to provide more stringent minimum standards to protect the welfare of circus animals. Furthermore, the SPCA believes in principle that: 1. No further exotic animals should be allowed to be acquired by New Zealand circuses after the introduction of this code; 2. Existing exotic animals in circuses must meet the minimum standards of the code. Solitary animals must be relocated to suitable wildlife parks or sanctuaries as soon as is practical; and 3. No international circuses should be allowed to bring exotic animals with them into New Zealand after the introduction of this code. The SPCA would welcome the opportunity to make a further submission on NAWAC s revised draft of the code, following NAWAC s consideration of the public submissions. Peter Mason President Royal New Zealand Society for the Prevention of Cruelty to Animals