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[We have reproduced the text of the USDA's documents surrounding the February 1999 inspection of Ringling Bros.' elephants Doc and Angelica, at the Florida "Center for Elephant Conservation." All text in orange has been highlighted by the Wildlife Advocacy Project, and is not original to the documents. We apologize for any errors caused by transcription, please inform us at darcy@wildlifeadvocacy.org if you see a problem.]

Narrative written for the USDA's files by Robert Brandes, DVM

Narrative

On February 9, 1999, Dr. Binkley and myself performed a routine inspection of Feld Entertainment-Center for Elephant Conservation (52-C-0136) located in Polk City, FL.

There were two baby elephants in the large female night holding barn named “Angelica” and “Doc.” These elephants were chained on opposite front-rear legs. One of the front legs was chained with link type chain around the front leg at the ankle area. The other end of this chain was anchored to a metal ring that was embedded into the concrete flooring. The opposite rear leg had a wide piece of cloth material around the area of the knee joint. The ends of this cloth were attached to a rope, which was secured to the metal railing of the enclosure behind the animals. The animals’ movements were restricted by this method of restraint. There was only some side to side swaying motions.

Visible scars were readily observable. Angelica’s lesion appeared as a pink linear scar approximately 6” long x 1” wide. The left rear leg also had a scar directly below the cloth tie. These lesions appeared “greasy” and we were told by Mr. Williams that they were treated with an iodine-based ointment. This elephant also had 2 healing linear scars on the back of the right hind leg. Doc had a pink scar on the right rear mid leg area.

Dr. Binkley immediately upon observation of these scars asked Mr. Jim Williams and Gary Jacobson as to the origin of them, and why these elephants were tied up this way. Both men said that they were caused by rope burns due to the elephants’ movements when tied, and that this type of restraint was done routinely during the separation process from their mothers. They indicated that these elephants have to be restrained this way during the separation process. They indicated that this was “industry standard,” and a normal way of doing this.

After the walk through portions of the inspection we requested that we take photographs of these animals. Mr. Williams then became antagonistic and defensive. He questioned us as to why we wanted to take pictures. We said we had some concerns about these scars. He said he would have to get Mr. Jacobson to handle these animals, and he was not sure if Mr. Jacobson was still available. He also said he himself would not handle them so that we could take photographs. He also questioned the legality of us taking these photographs. As it was late in the day and the barn was dark, I thought that the only way to take a picture would be with the use of a flash. Mr. Williams said that he was not sure if he would allow a flash picture, as he was unsure of how the elephants would react to the flash.

Because it was late in the day for picture taking, Dr. Binkley decided to postpone the pictures until the following morning, February 10, 1999.

When we arrived the next morning we were first met by Mr. Jim Williams, in the parking area, who again became antagonistic and defensive when we asked to take photographs of Angelica and Doc. He also inquired as to Dr. Binkley’s expertise in the management of elephants. Shortly afterwards he just walked away.

We then met Drs. Lindsey & West. Dr. Lindsey also questioned our authority to take photos, and to conduct unannounced inspections. We explained the regulations to him. Dr. Lindsey also indicated that this process of separating the babies from their mother was a normal “industry standard.” He further questioned us as to why we wanted to take these pictures, and asked us of our concerns about these elephants. Dr. Binkley explained that we had some concerns about these scars which were caused by the method of restraining these animals. She also asked Dr. Lindsey if he agreed that they were scars. He did agree to that description of what we observed. He still could not understand our concerns.

He then informed us that the ropes and chains were removed prior to our arrival. These elephants were also moved to another area in the female high holding barn for the pictures. All the ointments were removed, and the animals appeared “cleaned up.”

During the exit interview Dr. Lindey, Jim Williams, and Gary Jacobson again reiterated their views. They appeared surprised about our concerns, and that we were making a big deal about this. Mr. Williams & Jacobson became loud and again indicated that this was alright, and that we did not know anything about separation procedures. Mr. Williams & Jacobson shortly walked away, and Drs. Lindsey & West were the only ones present for the rest of the exit interview.

Dr. Binkley spoke to Dr. Goldentyer by telephone, and expressed our great concerns over this handling issue, and the scars which we observed. Dr. Binkley informed me that she was informed by Dr. Goldentyer that we would cite our concerns only as a notation on the inspection report, and would not cite it as a non-compliance until a decision is reached by the Animal Care staff.

Dr. Lindsey was hesitant about signing the inspection report. He asked us if he must sign the report. We said that he did not have to sign the report, but if he did not, we would send it to him by certified mail. Dr. West confirmed the regulations and accuracy of our statements. Dr. Lindsey then wanted to put a statement on the inspection report, which Dr. Binkley agreed to.

We informed Drs. Lindsey & West that we are going to send the photos that we took to headquarters staff for review, and that they would be notified after that review.

Memo for the USDA files by Miava Binkley, DVM

To: File
From: Miava Binkley, DVM
Subject: Ringling Brothers – Polk City site inspection
Date: February 16, 1999

On Tuesday, February 9, 1999, Dr. Robert Brandes and I began a routine inspection at Ringling Brotehrs’ (Feld Entertainment) Center for Elephant Conservation (52-C-0136) in Polk City, FL.

We arrived in the morning about 10 am and met Jim Williams, who accompanied us throughout the inspection. At the end fo the walk-thru inspection, we saw two young (approx. 18 months old) elephants restrained in the large female night holding barn. (Doc and Angelica). They were held by leg restraints on two legs, one fore and one rear. The front legs were held by plastic wrapped chains and the rear legs were held by wide cloth/cotton webbing. On first glance, it was obvious that there were lesions on the back legs of both elephants. Angelica’s lesion on the anterior aspect of the right rear leg appeared very pink, moist, and about 6” by 1” in size, just below the rear leg restraint. She also had a smaller lesion on the left rear leg. Doc’s lesion appeared more whitish and about the same size. We were told by Ringling personnel that the reddish color was due to the iodine-based ointment that was on the lesions. (“Biozide”)

I asked what caused the lesions. Gary Jacobson said that Doc and Angelica were weaned from their mothers on January 6th and that the scars were from rope burns during this process. He described the process as putting a cotton rope around each leg, then a chain around the neck, and leading the baby off with another elephant. Jim Williams acknowledged that this is what caused the lesions.

Later, Dr. Brandes and I looked at the “Biozide” ointment that was used. It was an iodine based ointment that was dark orange colored like iodine, not really red. We reviewed records and attempted to contact Dr. Lindsay by phone, but he was unavailable. We left for lunch and said we would return later for the exit interview.

I attempted to contact Dr. Goldentyer when we arrived at a local restaurant, but was not able to reach her until later in the afternoon. I described what we had seen, and stated that Dr. Brandes and I felt it should be cited as a violation. She conferred with Dr. DeHaven and then instructed us not to write it as a violation, but to write it as a “note” on the inspection report, since Dr. DeHaven felt we should consult with others in the industry before taking action. He also wanted pictures of the lesions to review. After completing the inspection report as instructed, we returned to the Ringling facility at approx. 5 pm. There to meet us were Drs. Bill Lindsay and Gary West, Jim Williams and Gary Jacobson. Dr. Lindsay was very upset and asked repeatedly why we could not be more collegial and call him before we came. I explained to him that all our inspections are unannounced. We also asked at that time to take pictures of Doc and Angelica. All Ringling personnel were very reluctant to let us take pictures. Jim Williams said he would not help us take pictures and that it was a bad time since many of his staff had left for the day and it would interrupt the normal routine for the animals. In light of everything, I elected to come back the following day for the pictures and the final exit interview.

We returned to the facility the following day at about 10 am. We were met by Jim Williams who proceeded to interrogate me about what was happening. He asked if he could be involved in any violations – I answered it was possible. He then began badgering me about my qualifications to inspect elephants. I calmly answered that I had a right to inspect this facility. He then walked away in apparent disgust and told Dr. Lindsay to handle things. Dr. Lindsay was calm and helpful, as was Dr. West. We proceeded to the building to take pictures. They had placed the young elephants in a small pen. They said they did not want pictures taken of them on leg restraints. I said fine, since all I wanted was pictures of the lesions. Dr. West was videoing the two elephants and they had been cleaned of all medical ointment. The lesions appeared to be healing scars. Angelica’s lesions looked less dramatic than the previous day, but Doc’s actually looked more pink than the day before. In addition to what we saw the day before, we now also were able to see additional healed scars around each leg, including front legs. These were well-healed but clearly visible. Dr. Lindsay agreed the lesions were healing scars but did not feel it was anything important. Dr. Brandes took pictures and then we proceeded to do the exit interview. After the report was shown to Dr. Lindsay and Dr. west, Dr. Lindsay was reluctant to sign the report. I explained that he was only signing that he received a copy of the report, not that he agreed with it. He was upset that we had even written a note about the scars and stated that we were “silly” for making such a big issue over a little thing. He did sign the report and wrote a short note about his concern.

As for the TB status of the herd, Dr. Lindsay confirmed that several animals remain untested at present (Doc, Angelica, Charlie, Casey, and Rajah). Vance, the breeding male who cultured TB positive, has not yet begun treatment. Mala is continuing her treatment with INH only via rectal slurry. They have not been successful in treating her orally and rifampin is not well absorbed rectally. He did say Ringling had decided to go ahead and attempt to treat Vance but they would have to make physical changes in the building to do it safely since he is not handled in free contact. He did not know when treatment would begin. Both Vance and Mala appeared in good body condition. Jim Williams did say that he was the one who collected the mucus from the floor when Vance coughed up very thick, viscous yellow material for 5-7 days. No other material has been seen since.

Text of the inspection report filed by Drs. Binkley and Brandes following their visit to the Elephant Conservation Center

USDA
Animal and Plant Health Inspection Service
Animal Care

INSPECTION REPORT

Feld Entertainment
Ringling Bros/Barnum & Bailey
3607 Westwood Center Drive
Vienna, VA 22182

Site 002
Center for Elephant Conservation
12850 Old Grade Road
Polk City, FL 33868

52-C-0137

2/99-10/99, 9:45 am

Reinspection

NARRATIVE

Current Inventory: 27 Asian Elephants

CATEGORY I: Non-compliant item(s) previously identified that have been corrected.

Veterinary Care 2.40

A new Program of Veterinary Care has been completed.

CATEGORY III: Non-compliant item(s) identified this inspection

Records 2.75

The TB test results of Jenny, which recently came from the Red unit on December 1, 1998, are not available for review. All records shall be readily available for review by any APHIS official.

To be corrected by: February 16, 1999

NOTE:

Culture results on Vance indicated a positive TB status, early January 1999. As of this date, no treatment has been instituted. This animal is owned by Roman Schmitt.

There were large visible lesions on the rear legs of both Doc and Angelica. When questioned as to the cause of these lesions, it was stated by Mr. Jim Williams & Mr. Gary Jacobson that these scars were caused by rope burns, resulting from the separation process from the mothers on January 6, 1999. Angelica’s lesion appeared as a pink linear scar, approx 6” long x 1” wide on the right rear leg. The left rear leg also had a scar directly below the cloth leg tie. Both lesions appeared to have been treated with an iodine-based ointment (they were moist). Angelica also had two linear healing scars on the back of the right hind leg. Doc had a pink scar on the right rear mid-leg area.

All these lesions now appear to be healing scars. After removal of the medicated ointment on 2/10, they appeared much less pink.

This issue is of concern, and will be forwarded to Headquarters for review to determine if it is a violation of the AWA (per instructions by Dr. Betty Goldentyer). A formal determination will be made at a later date and forwarded to the facility.

Prepared by: [signature]. Robert Brandes, D.V.M. Veterinary Medical Officer, USDA, APHIS, Animal Care LARIS ID No. 2002

Date: 2/10/99

Copy Received by: [signature of Dr. Lindsay, D.V.M.]

Date: 2-10-99

[handwritten note by Dr. Lindsay] Please note our concern over the interpretation of these lesions. [Dr. Lindsay's initials]

A copy of the letter from the Deputy Administrator of USDA APHIS Animal Care, to Ringling Bros., regarding the results of the inspection

USDA
Marketing and Regulatory Programs
Animal and Plan Health Inspection Service
4700 River Road
Riverdale, MD 20737

May 11, 1999

Ms. Julie Strauss
Feld Entertainment, Inc.
Ringling Brothers & Barnum and Bailey Circus
8607 Westwood Center Dr.
Vienna, VA 22182

Dear Ms. Strauss:

We have completed our review of the lesions observed on two juvenile elephants. Doc and Angelica, during the inspection of the Center for Elephant Conservation in Polk City, Florida, on February 9, 1999 (copy enclosed). Without divulging the identity of the facility, we solicited several elephant experts to review the photographs and history of the situation. After careful consideration of the issue, we find that the handling of these two elephants was not in compliance with the Animal Welfare Act regulations, specifically Section 2.131(a)(1) “Handling of animals” (Title 9, Code of Federal Regulations). We believe there is sufficient evidence to confirm the handling of these animals caused unnecessary trauma, behavioral stress, physical harm and discomfort to these two elephants.

It was the opinion of several of the expert reviewers that there are other methods available to separate juvenile elephants from their mothers that would be less stressful and not cause lesions such as those observed on Doc and Angelica. While the method used may be traditional, it is incumbent on every licensee to review their handling practices to ensure they are compliant with Animal Welfare Act regulations and consistent with currently accepted standards. We appreciate that the management of Feld Entertainment is committed to fullcompliance with the Animal Welfare Act, and as such, feel certain you will address this situation to ensure that it does not reoccur.

On a separate matter, we have received Dr. Murray Fowler’s report of his evaluaion of the lameness observed in another elephant by the name of Lechamee. Based on Dr. Fowler’s evaluation, we will consider Lechamee fit for continued travel and performing as explained in his evaluation. We appreciate Ringling’s response regarding this concern.

If you have any questions regarding this letter or the Animal Welfare Act, please feel free to contact Dr. Elizabeth Goldentyer in our Eastern Regional Office or me.

Sincerely,

W. Ron DeHaven
Deputy Administrator
Animal Care

Cc:
K. Vail, OGC, Washington, DC
E. Goldentyer, AC-ER, Raleigh, NC
B. Kohn, AC, Riverdale, MD
J. Rogers, LPA, Riverdale, MD