BILL ANALYSIS
AB 3027
Page 1
Date of Hearing: April 25, 2006
Consultant: Scott Hinkle
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Mark Leno, Chair
AB 3027 (Levine) - As Amended: April 20, 2006
SUMMARY : Requires that, by January 1, 2009, each person who
possesses, keeps, or maintains elephants at a stationary
facility shall make an outdoor space with a minimum of five
acres available to those elephants, provided that no more than
three elephants inhabit any five acres and that an additional
one-half acre shall be made available for each additional
elephant. Specifically, this bill :
1)Provides that on or after January 1, 2008, it shall be
unlawful for a person, within California, who houses,
possesses, is in contact with, or travels with any elephant to
use or be in possession of any of the following while present
around the elephant:
a) Ankus, bullhook, or similar device.
b) Any chain used to restrain an elephant except if
utilized for the shortest amount of time necessary to
provide actual medical treatment.
2)Requires that, on or after January 1, 2009, each person who
possesses, keeps, or maintains elephants at a stationary
facility will provide the following:
a) An outdoor space with a minimum of five acres available
to those elephants provided that no more than three
elephants inhabit any five acres and that an additional
one-half acre shall be made available for each additional
elephant.
b) The substrate will not consist entirely of concrete,
steel, gravel, sand, or other material that is detrimental
to the health of the elephant. Most of the space made
available to the elephant(s) must be of an appropriate,
soft, natural substrate as not to cause or aggravate feet
AB 3027
Page 2
problems and allow for normal wear of the feet.
3)Requires that, on or after January 1, 2008, each person who
possesses, keeps, or maintains any elephant on traveling
display shall provide the following:
a) An indoor, climate-controlled space that is, at a
minimum, 1,800 square feet for a single elephant and an
additional 900 square feet for each additional elephant.
b) An outdoor space that is, at a minimum, 1,800 square
feet for a single elephant and an additional 900 square
feet for each additional elephant.
c) The substrate will not consist entirely of concrete,
steel, gravel, sand, or other material that is detrimental
to the health of the elephant. Most of the space made
available to the elephant(s) must be of an appropriate,
soft, natural substrate as not to cause or aggravate feet
problems and allow for normal wear of the feet.
4)Provides that any person, owner, or manager who violates any
provision of this section shall be guilty of a misdemeanor.
5)Provides that each day a violation continues constitutes a
separate and distinct offense.
EXISTING LAW :
1)Provides that elephants must be kept outside on natural
substrates as much as possible. Institutions should consider
designing exhibitions that allow elephants outdoor access 24
hours per day, weather, heath and safety permitting. During
daylight hours, elephants kept outdoors can tolerate moderate
temperature extremes. Provisions must be made to protect
animals from adverse weather, including intense sunlight,
chilling rain, sleet, etc. Animals kept outdoors must be
monitored frequently at temperatures below 40 degrees.
Facilities may install outdoor heat sources to extend the
amount of time the animals are able to remain outside.
[American Zoological Association (AZA) Standards for Elephant
Management and Care Section 1.1.1.]
2)Provides that indoor space must provide adequate room for
animals to move about and lie down without restriction. A
AB 3027
Page 3
minimum of 400 square feet is required for a single animal,
approximately 800 square feet for two animals, and so on.
Because of their size and space requirements, bulls or cows
with calves much have minimum of at least 600 square feet.
(AZA Standards for Elephant Management and Care Section
1.4.1.)
3)Provides that outdoor yard must have at least 1,800 square
feet for a single adult individual and an addition 900 square
feet must be added for each additional animal. If this space
is the only location of exercise, then it is recommended that
the space per elephant should be even greater. (AZA Standards
for Elephant Management and Care Section 1.4.2.)
4)Provides that outdoor yard surfaces must consist primarily of
natural substrates (e.g., soil, sand, grass) that provide good
drainage and have cleanable, dry area for feeding. (AZA
Standards for Elephant Management and Care Section 1.4.5.)
5)Provides that while outdoors, elephants must have access to
sand or soil at all times for dust bathing. (AZA Standards
for Elephant Management and Care Section 1.4.6.)
6)Provided adult males (six years and above) may be housed
alone, but not in complete isolation (opportunities for
tactile, olfactory, visual, and/or auditory interaction with
other elephants must be provided). (AZA Standards for
Elephant Management and Care Section 2.2.5.)
7)Provides that zoos should make every effort to maintain
elephants in social groupings. It is inappropriate to keep
highly social female elephants singly. Institutions should
strive to hold no less than three female elephants wherever
possible. All new exhibits and major renovations must have
the capacity to hold three of more female elephants. (AZA
Standards for Elephant Management and Care Section 2.3.1.)
8)Provides that electrical devices designed for use on
livestock, such a commercially manufactured electric prods and
shocking collars/belts, are prohibited as routine training
tools or for handling animal during exhibition. (AZA
Standards for Elephant Management and Care Section 5.1.1.)
9)Provides that the AZA considers the following training
tools/techniques to be inappropriate for use at member
AB 3027
Page 4
institutions (AZA Standards for Elephant Management and Care
Section 5.1.2):
a) Insertion of any implement into any bodily orifice
unless directed by a veterinarian specifically in
connection with training for a medical or reproductive
procedure. (AZA Standards for Elephant Management and Care
Section 5.1.2.)
b) Striking an elephant with anything more substantial than
an ankus (a traditional training tool used by elephant
trainers). (AZA Standards for Elephant Management and Care
Section 5.1.2.)
c) Striking an elephant with any sharp object, including
the hook of an ankus. (AZA Standards for Elephant
Management and Care Section 5.1.2.)
d) Striking an elephant on or around any sensitive area,
such as the eyes, mouth, ears of genital region. (AZA
Standards for Elephant Management and Care Section 5.1.2.)
e) No tools used in training should be applied repeatedly
and with such force that they cause any physical harm to an
animal (i.e., breaking of the skin, bleeding, bruising,
etc.). (AZA Standards for Elephant Management and Care
Section 5.1.2.)
f) Withholding or reducing an animal's daily-recommended
amount of food and or water. (AZA Standards for Elephant
Management and Care Section 5.1.2.)
g) Withholding veterinary care for any reason. (AZA
Standards for Elephant Management and Care Section 5.1.2.)
10)Provides that protracted and repeated use of corporal
discipline in training is of serious ethical concern and AZA
considers abusive training practices to be unacceptable. (AZA
Standards for Elephant Management and Care Section 5.1.2.)
11)Provides that chaining is acceptable as a method of temporary
restraint. However, elephants must not be subjected to
prolonged chaining (for the majority of a two-hour period)
unless necessary for veterinary treatment or transport.
Institutions that regularly use chains for some portion of the
AB 3027
Page 5
day must alternate the chained foot on a daily basis. (AZA
Standards for Elephant Management and Care Section 5.5.1.)
12)Provides that it is a misdemeanor for any owner or manager of
an elephant to engage in abusive behavior towards the
elephant, which behavior shall include the discipline of the
elephant by any of the following methods:
a) Deprivation of food, water, or rest.
b) Use of electricity.
c) Physical punishment resulting in damage, scarring, or
breakage of skin.
d) Insertion of any instrument into any bodily orifice.
e) Use of martingales.
f) Use of block and tackle.
13)Provides that any traveling circus or carnival that performs
in California shall do both of the following:
a) Notify each entity that provides animal control services
for a city, county, or city and county in which the
traveling circus or carnival intends to perform of its
intent to perform within that jurisdiction. Notice shall
be given at least 14 days prior to the first performance in
that city, county, or city and county.
b) Provide each entity that provides animal control
services for a city, county, or city and county in which
the traveling circus or carnival intends to perform with a
schedule of its performances in California.
c) Any violation of this section shall be punishable by a
fine of not less than $500 and not more than $2,000 for a
first violation, and not less than $1,500 and not more
$5,000 for any subsequent violation.
FISCAL EFFECT : Unknown
COMMENTS :
AB 3027
Page 6
1)Author's Statement : According to the author, "Already 250
pounds and three feet tall at birth, elephants can grow to
weigh more than seven tons and stand as high as 13 feet. They
are the largest land mammal on earth, highly intelligent,
socially complex and emotionally advanced. In the wild, they
are constantly on the move, often covering dozens of miles in
a day. Yet, many elephants in captivity in California -
mostly in zoos or traveling circuses- spend their lives
confined to a space of less than one acre.
"Any elephant in captivity must also be trained, and circuses
and zoos have a sad history of training elephants through a
combination of physical and mental abuse. Ask yourself: how
is it that a 10,000-pound behemoth follows the lead its
150-pound keeper? For many years, the only answer was to
'break' an elephant by subjecting it to a variety of painful,
degrading physical and emotional tactics until the elephant
submits out of fear and exhaustion. There are trainers who
defend such techniques as necessary evils. But, in fact,
elephants (and many other animals) in captivity can be trained
to cooperate with keepers voluntarily through a method known
as 'protected contact'. One-half of the zoos with elephants
in America have adopted this practice, but in California some
zoos and all circuses have not. They use chains to place
elephants in painful stress positions or in a bullhook, a
weapon that gets defended as a guide.
"I have introduced this bill to force vital and long overdue
reforms which will change the way elephants are cared for,
housed, and trained in California. It is not radical, but
reasonable, based on standards already met by the Oakland Zoo,
which provides ample space for its elephants and employs care
techniques that are free from the threat of physical and
mental abuse.
"It is clear that many who care for these animals, especially in
zoos, have the best interests of the elephants at heart and
are working hard to provide them with the best care possible.
And, unintentional as it may be, it is also clear that
elephants are suffering. We can turn our backs and look away
or we can work together to provide them with a better life.
We must find a way to give these elephants the level of care
they deserve. If we truly value our humanity, it requires of
us nothing less."
AB 3027
Page 7
2)Background : According to the background provided by the
author:
a) Use of Bullhooks : "The bullhook is a training device
used to break and control elephants. It is also called an
'ankus', 'elephant goad', or 'elephant hook'. The handle
is made of wood, metal, plastic, or fiberglass, and there
is a sharp steel hook at one end. Its shape resembles a
boat hook or fireplace poker. Some bullhooks have long,
'shepherd's crook' cane-style handles, allowing the trainer
a firmer grip so that greater force can be exerted while
pulling and yanking the hook deeper into an elephant's
flesh.
"Both ends are used to inflict damage. The trainer uses the
hook to apply varying degrees of pressure to sensitive
spots on an elephant's body (see diagram), causing the
elephant to move away from the source of discomfort. The
trainer can also hold the hooked end and swing the handle
like a baseball bat, inducing substantial pain when the
elephant is struck on the ankle and other areas where there
is little tissue between skin and bone.
"Some examples of bullhook use as documented by humane
investigators and United States Department of Agriculture
(USDA) inspectors: in San Jose, California, humane
inspectors found that seven Ringling Brothers. and Barnum
and Bailey Circus elephants had injuries behind or on the
back of their left ears. Some of the elephants had scars
behind their left ears. Almost all of the injuries
appeared to be fresh, with bright red blood present at the
wound sites.' These bloody wounds were likely caused by
the bullhook. In fact, Ringling opposes a proposed USDA
policy that states, 'An ankus may not be used in an abusive
manner that causes wounds or other injuries.' Former
Ringling employee Glen Ewell said that beating elephants
with bullhooks was a normal routine and that 'Ringling even
employs a guy to use some special powder to stop up the
bleeding when an elephant is hooked too hard. They call it
spot work.' The powder is Wonder Dust, or something
similar, used to conceal the wound and stop the bleeding.
"USDA inspectors noted and described bullhook wounds on Clyde
Beatty-Cole Brothers Circus elephants: 'Helen and Bessie
both have several white circular inactive ankus scars.
AB 3027
Page 8
Bessie has white circular inactive ankus scars under her
chin, on the neck, and dorsal areas. Helen also has the
same type of scars behind her right eye and at the dorsal
right ear. She also has two longitudinal scars on her
tail. . . . Two of the six elephants had obvious hook
mark wounds on their rear legs. Some hook marks were also
observed under the jaw of one elephant. . . . [F]our of
the six elephants were observed with what appears to be
hook marks. These wounds were small in size, round, some
were healing, while others were red in appearance. These
wounds were present on rear legs, above tails, and on [the]
back of front legs.' Within hours of being punctured by a
bullhook, a welt or boil may erupt. The wound may grow
larger if it becomes infected.
"The use of the bullhook is used to create human social
dominance over the elephant, and is used to inflict
negative reinforcement and corporal punishment in the
management of elephants. This device is used to deliver
aversive stimuli, which cues behavior, and to deliver
physical punishment to the elephant. Handlers and trainers
are always in physical possession of the bullhook when they
are around elephants and use the device as a constant
reminder of who is in control.
"While performing, an elephant responds to verbal commands
from a trainer carrying a bullhook and moderate pressure
from the bullhook because the elephant has been conditioned
through violent training sessions to know that refusal to
obey will result in severe punishment later. Moments
before the performance, while out of view of the public,
trainers may give the elephants a few painful whacks to
remind them 'who is the boss' and ensure that the elephants
perform the specified tricks on command.
"Because a dispirited elephant submits to a dominant trainer
toting a bullhook, circuses mislead the public with
spurious claims that a bullhook is only used to guide or
cue an elephant. In fact, the circus industry now calls
the bullhook 'the guide' as a public relations ploy to make
the implement sound friendlier.
"The difficult tricks that elephants are forced to perform
place a great deal of stress on their muscles and joints.
The exaggerated maneuvers are physically strenuous and no
AB 3027
Page 9
elephant would perform them on command, over and over,
hundreds of times a year without the constant threat of
punishment. The circus industry claims that the elephants
perform tricks that they would normally perform in the
wild. However, in the wild, an adult elephant would lie
down in slow, gradual movements no more than once or twice
per day and would not lie down and rise very quickly
several times as in a single circus show. In addition,
elephants would not play with balls, do headstands, crawl,
or twirl. If it were possible for an elephant to simply be
'guided' to perform rapid successions of headstands,
hind-leg stands, lying down, crawling, and twirling, the
trainer would be carrying a soft, cotton wand, not a hard,
pointed object."
b) Chaining : "Chaining is one of the most common methods
of confining elephants in captivity. Chaining severely
restricts an elephant's movements - even elementary ones
such as lying down, walking, or socializing with other
elephants. The resultant inability to move results in
neurosis and stereotypic behavior in elephants. This
behavior, which indicates psychological distress, is not
observed in elephants in the wild. A study conducted by
Texas A&M University concluded that stereotypical
behaviors, such as swaying and head bobbing, increase when
elephants are chained. This bill will prohibit chaining, a
practice that most zoos housing elephants in California
have ended, but that continues in traveling displays.
"Because chains immobilize elephants, they are forced to
stand in their own excrement, which can cause rotting in
the pads of their feet and urine burns on their legs. In
observations of captive elephants, foot problems seen
include rot, sole cracks, hoof overgrowth, cracked nails,
and infected cuticles. In addition, overnight chaining,
especially on concrete, has been implicated in causing
arthritis and lameness. Foot infections and arthritis are
the leading reasons for euthanizing captive elephants and
the immobilization of elephants through lack of space and
chaining are major contributors to foot-related maladies.
According to documents obtained from USDA, many elephants
in captivity suffer from lameness, foot abscesses, and
arthritis. Numerous deaths of captive elephants are
attributable to these ailments, which are not suffered by
their wild counterparts.
AB 3027
Page 10
"Major circuses, such as Ringling Brothers and Barnum and
Bailey Circus, state that elephants are chained only at
night and during travel. This claim is freely made in news
articles published throughout the country - probably in an
attempt to assure a concerned public that the elephants are
not spending their entire lives constrained and unable to
freely move about. But circuses have rigorous travel
schedules; circus trains may traverse the country for as
long as 24 hours at a time, for up to 11 months out of
every year. On average, traveling circuses are in a new
city every week. Further, elephants require only a few
hours of sleep each night and in the wild forage for as
many as 18 hours per day. Being chained at night means the
elephants are spending long waking hours with chains
holding them in one position. As if nighttime and travel
chaining were not bad enough, there is recent proof of
elephants in circuses chained during broad daylight - a
line of Ringling Brothers elephants were photographed being
chained within seconds of each other in 2005.
"In addition, many stationary facilities also use chains to
confine elephants. Zoos that use free contact generally
use chains to confine the elephants. Free contact is based
on human social dominance over the elephant and is reliant
upon the use of negative reinforcement and corporal
punishment in the management of elephants. The main tool
used in free contact is an ankus or bullhook, along with
chains."
c) Spatial Needs : "Elephants need adequate space in order
to stay healthy. In captivity, elephants are denied the
appropriate space to freely move around. The majority of
stationary facilities housing elephants in California fail
to provide the space necessary for the elephants to engage
in normal behavior seen in their wild counterparts. On
average, zoos accredited by the American Zoos and Aquarium
Association provide multiple elephants a space consisting
of one to two acres - much of which is not freely available
or accessible to the elephants. Elephants in traveling
displays are provided far less room. Traveling elephants
are provided minimal space at the various venues where they
are performing - generally a small area in the arena
parking lot. Generally, the elephants have a small dirt
area in front of a tent, into which they are chained at
AB 3027
Page 11
night. This area is extremely small and does not provide
the elephants with the opportunity to exercise
appropriately.
"Given the small space provided, elephants are often standing
in their own waste and urine for as many as 16 hours a day.
In addition, elephants in captivity stand on inappropriate
substrates consisting mainly of concrete, gravel, sand, or
other material that is detrimental to the health of the
elephant. Lack of space and poor substrates lead to a
variety of physical and psychological problems, including
arthritis, recurring foot infections and abscesses,
obesity, digestive disorders, and stereotypic/neurotic
behaviors such as swaying, pacing, and head-bobbing. These
conditions can lead to premature death in captive
elephants.
"More than one-half of 46 elephants who died at accredited
zoos nationwide since 2000 failed to reach their 40th
birthday, dying far short of their 70-year life expectancy.
Elephants in traveling displays also display serious foot
problems, as evidenced by available USDA records.
Elephants in captivity should be living longer than their
wild counterparts given that they are protected from
poaching and are provided food and veterinary care.
Instead, the leading causes of euthanasia in captive
elephants are foot disorders and arthritis.
"In the wild, elephants walk up to 30 miles daily and are in
constant motion for as many as 18 hours each day on
different substrates, allowing the pads of the elephants'
feet to remain healthy. Elephants in the wild walk on soft
natural surfaces such as grass, mud, and clay. They do not
experience any of the maladies that afflict captive wild
elephants. The opponents of this bill will argue that
there is no scientific evidence that elephants require
ample space and suggest that elephants only walk for long
periods of time in the wild because they are in search of
food and water. This assertion, however, is not supported
by the vast amount of empirical evidence showing the
spatial needs of elephants. For example, Dr. Joyce Poole,
a scientist with the Amboseli Elephant Research Group in
Kenya, states that the 'evidence that elephants need space
is unmistakable.' She further notes that, 'In captivity,
confined in small spaces, under the constant command of a
AB 3027
Page 12
trainer and kept in socially deprived conditions, elephants
become dysfunctional, unhealthy, depressed, and aggressive.
Inactivity leads not only to obesity, but also to foot
diseases, joint problems, and arthritis. Female zoo
elephants are 31% to 72% heavier than their wild
counterparts.' If appropriate space were provided to
captive elephants, scientists and elephant experts agree
that the majority of foot and joint problems in captive
elephants would disappear. "
3)Issues of Concern for Zoos : According to material supplied by
the California Association of Zoos and Aquariums, "This bill
could actually end up reducing the quality of life for very
elephants it proposes to help. This bill demonstrates a lack
of understanding of the management and care of elephants."
a) Space Requirements . "The space requirements have two
major problems:
i) "There is no scientific basis for the formula set
forth in this bill.
ii) "When the formula contained in this bill is applied,
elephants actually end up losing space (calculated in
square feet) with each additional elephant past three.
The calculations are attached are listed below. If
enacted, this bill could force the removal of up to 34
elephants from AZA-accredited zoos and an affiliated
member."
----------------------------------------------------------------
| Number of | Required | Total |Square Feet | Acres Per |
| Elephants | Acreage |Square Feet | Per | Elephant |
| | | | Elephant | |
|------------+------------+------------+------------+------------|
| 2 | 5 | 217,800 | 108,900 | 2.5 |
| | | | | |
|------------+------------+------------+------------+------------|
| 3 | 5 | 217,800 | 72,600 |1.6 |
| | | | | |
|------------+------------+------------+------------+------------|
AB 3027
Page 13
| 4 | 5.5 | 239,580 | 59,895 | 1.4 |
| | | | | |
|------------+------------+------------+------------+------------|
| 5 | 6 | 261,360 | 52,272 | 1.2 |
| | | | | |
|------------+------------+------------+------------+------------|
| 6 | 6.5 | 283,140 | 47,190 | 1.1 |
| | | | | |
|------------+------------+------------+------------+------------|
| 7 | 7 | 304,920 | 43,560 | 1 |
| | | | | |
|------------+------------+------------+------------+------------|
| 8 | 7.5 | 326,700 | 40,837 | 0.94 |
| | | | | |
|------------+------------+------------+------------+------------|
| 9 | 8 | 348,480 | 38,720 | 0.88 |
| | | | | |
|------------+------------+------------+------------+------------|
| 10 | 8.5 | 370,260 | 37,026 |0.85 |
----------------------------------------------------------------
b) Where Do They Go ? "This bill does not specify where the
elephants (potentially up to 34 animals) should go. There
are currently only two identifiable 'elephant sanctuaries'
that exist and that could possibly accept some of the
animals: Performing Animal Welfare Society's ARK2000
facility (PAWS) in Galt, California, and the Elephant
Sanctuary in Hohenwald, Tennessee. There are no other
identified locations that would qualify. Though the
Oakland Zoo qualifies with its present number of elephants,
it would not meet the space requirements of this bill with
the addition of any more animals.
"From the available information on the Web sites for the two
sanctuaries, it appears that they have only female
elephants. PAWS (Galt, California): three African and
five Asian, and Elephant Sanctuary (Hohenwald, Tennessee):
eight Asian and three African.
"There is no evidence that either facility is prepared to
accept bull elephants, though they have the space.
Effective management of bull elephants would require
additional investment in the physical plants of both
properties."
AB 3027
Page 14
c) Economics : "This bill takes no costs into
consideration. In addition, Section 2 eliminates any form
of reimbursement to the affected parties.
i) "There is no consideration given to the annual
operating expense of caring for up to 34 additional
elephants. Per the PAWS Web site, the annual expense of
caring for each elephant is $50,000. This brings the
potential total expense to $1.7 million annually . In
2003-04, the Santa Barbara Zoo moved its two female Asian
elephants to the AZA-accredited Fresno Zoo while
construction took place on their renovated exhibit.
During that time, the Santa Barbara Zoo paid the Fresno
Zoo a fee of $13,500 per month, which equates to an
annual cost of $81,000 per animal.
ii) "There is no consideration given to the cost of
moving elephants to a sanctuary. Per the PAWS Web site,
the cost of moving the elephants from the San Francisco
Zoo to the Galt site was estimated at $20,000 (a distance
of approximately 104 miles) for two animals. This could
represent a total expense as much as $340,000 . The Santa
Barbara Zoo spent $30,000 to move its two elephants
(round trip).
iii) "Can PAWS afford to take on any more elephants?
According to the PAWS 990 form for 2004, their total
expenses for the year ($1,705,882) exceeded their revenue
($1,270,160) by $435,722 or 25%. Adding the potential
expense of an additional 34 animals would double their
annual operating expense. Per the same 990, their 2004
revenues (primarily donations) were fairly consistent
with the prior three years. Can PAWS take on the
financial commitment that is currently part of the
operating costs of the zoos that would be affected by
this bill?
iv) "Per the 2004 990, PAWS has a number of outstanding
loans to help them meet their operating expenses:
(1) "$120,795 payable on demand to the two PAWS
officers, Pat Derby and Ed Stewart.
(2) "$10,000 payable on demand to Linda Faso.
AB 3027
Page 15
(3) "$50,000 payable to In Defense of Animals
(IDA) on an interest-only basis ($375 per month) at a
rate of 9%. This is of particular interest as IDA is
leading a national 'campaign' to get elephants out of
zoos. It is a loan and not a donation toward the
expense of caring for elephants.
v) "Even Pat Derby of PAWS does not believe that
closing elephant exhibits is the answer to improving
elephant welfare:
(1) "Many animal welfare advocates want to see all
zoo elephants moved to such a sanctuary, but Derby has
a different view. The longtime activist thinks animal
groups ought to keep pressure on zoos to improve their
elephant programs. [ San Diego Union Tribune , "Where
do Elephants Belong?" (June 19, 2005).]
(2) "Animal activists should realize that trying
to close elephant exhibits is not the solution.
Trying to get better standards. Everybody should be
striving for that. [Pat Derby on CBS: The Early Show
(February 27, 2006).]"
4)Circus Background : According to background supplied by
Ringling Brothers. and Barnum and Bailey:
a) Ankus or Guide : "The ankus has been used for thousands
of years by elephant handlers all over the world. It is
still used by mahouts, the original elephant trainers in
Asia. Over time, there have been variations in appearance,
but the guides used by Ringling Brothers today are
approximately 30 to 36 inches long with a small dull hook
at the end. Elephant handlers in zoos, on preserves, and
in circuses use the ankus. At Ringling Brothers, the ankus
serves as an extension of the trainer's arm and is used
during performance and in daily routines as a guide. The
ankus is commonly use with a voice command. For example, a
touch on the side of the right leg with the command 'foot'
tells the elephant to lift its right foot.
b) Terthering : "Our elephants and hoofstock are
comfortably tethered while riding the Ringling Brothers
train and occasionally in the stable area. This helps them
understand that they stay in one place. This ensures their
AB 3027
Page 16
safety and the safety of the humans who work with and
around them. The use of tethers also maintains more
sanitary conditions during feeding time, but preventing
manure from getting close to the food supply as well as
facilitating the monitoring of their food intake. Our
animal care staff ensures that the tether materials we use
are comfortable for our animals easy to keep clean.
Ringling Brothers tethering practices are consistent with
the standards endorsed by the International Elephant
Foundation, the American Zoo and Aquarium Association and
the Elephant Managers Association."
5)Potential Unintended Consequences : This bill would increase
the space requirements for stationary facilities housing
elephants to five acres per three elephants and an additional
one-half acre per additional elephant. Currently, only the
Oakland Zoo meets the proposed space requirements. Due to the
fact that the Los Angeles City Council just approved a
proposal by the Los Angeles Zoo to build a three- and one-half
acre exhibit for their elephants, it is unlikely that the Los
Angeles Zoo would be able to accommodate the five-acre
requirement set forth in this bill.
This bill will most likely force California zoos to remove their
elephants from their exhibits. While this may, in fact, be
the result the proponents of this bill are seeking, the result
may end up being more harmful to the elephants that leaving
them in the care of zoos in California. The proponents of the
bill have suggested that if the elephants are unable to be
housed in zoos, they would then end up residing in elephant
sanctuaries. While this result might be ideal for the
elephants, it is unlikely to happen. Even if in the unlikely
situation that the elephant sanctuaries could afford to take
in the 34 elephants in California zoos, more than likely the
AZA would just transfer the elephants to a different zoo in
another state. In the likely case that the elephants would be
transferred to zoos in other states, there is no guarantee
that the elephants would be end up with more space, more care,
or better weather conditions that they currently have in
California. In fact, the elephants could quite easily end up
with less space, less care and worse weather conditions.
6)Arguments in Support :
a) Animal Protection Institute : According to the Animal
AB 3027
Page 17
Protection Institute, "Elephants need adequate space in
order to stay healthy. In the wild, elephants walk up to
30 miles daily and are in constant motion for 18 hours each
day. Lack of space leads to a variety of physical and
psychological problems including arthritis, recurring foot
infections and abscesses, obesity, digestive disorders, and
stereotypic/neurotic behaviors like swaying, pacing and
head-bobbing. In fact, elephants in captivity die
prematurely. More than one-half of 46 elephants who died
at accredited zoos since 2000 failed to reach their 40th
birthday, dying far short of their 70-year life expectancy.
Elephants in captivity should be living longer than their
counterparts in the while given that they are protected
from poaching and provided food and veterinary care.
Instead, the leading causes of euthanasia in captive
elephants are foot disorders and arthritis.
"In addition, bullhooks and chains are commonly used to train
and control elephants at zoos and in traveling shows.
These practices are not only antiquated but cruel and
inhumane. Both ends of the bullhook inflict damage and are
used to dominate the elephant and cause pain. There is an
alternative method that can be used. In fact, most of the
accredited zoos in California are now utilizing a training
method called 'protected contact' which relies solely on
positive reinforcement. Training tools of this method are
treats, praises, whistles, and a soft-ended wand that
resembles a giant Q-tip.
"The practice of chaining is one of the most common methods
of confining elephants in captivity and goes hand-in-hand
with the use of the bullhook. Chaining severely restricts
an elephant's movements - even elementary ones such as
lying down, walking, or socializing with other elephants.
The resultant lack of movement due to chaining results in
neurosis and stereotypical behavior in elephants. This
behavior, which indicates psychological distress, is not
observed in elephants in the wild.
"Elephants are highly intelligent, social animals who live
extended family groups and mirror humans in terms of
emotion, age progression, longevity and social bonds. This
bill will set minimum standards of care and excellence for
elephant handling for the rest of the nation to follow.
This bill addresses the most egregious training methods
AB 3027
Page 18
employed by elephant handlers, as well as animal welfare
concerns facing elephants and offers a solution.
b) Animal Legal Defense Fund : According to the Animal
Legal Defense Fund, "The ankus or bullhook is the most
inhumane, commonly used method to train and control
elephants in both zoos and traveling circuses. It is used
to inflict pain and dominate the elephant. However, there
is an alternative. A more humane training method that uses
only positive reinforcement is called 'protected contact'
and several elephant handlers are currently using this
method. Chaining is also inhumane. Elephants in the wild
travel several miles a day, eating and socializing with
other elephants. Chaining prevents elephants from
expressing natural elephant behavior and even basic needs
such as lying down, which leads to neurosis and
psychological distress. Walking over large area also
affords elephants the proper amount of exercise needed for
good health, and keeps their toenails and foot pads worn
down. The leading causes of euthanasia of captive
elephants are foot ailments and arthritis. Even with
veterinary care, adequate food, and protection from
poaching, elephant in captivity die far sooner than
elephants in the wild, due to the various forms of neglect
and abuse mentioned above. This fact is something you
would not expect from elephants afforded human
'protection'.
"Public safety is also a concern. Elephants who are under
stress from the cruel training method and close confinement
mentioned above are more likely to try to escape or
otherwise rebel, resulting in rampages that severely injure
or kill handlers and members of the public. This bill, by
prohibiting such methods and confinement, helps to ensure
the safety of California's citizens."
c) The Human Society of the United States : According to
the Human Society, "Under traditional conditions in zoos
and circuses, elephants live their entire lives in close
confinement, and often in shackles. This is a far cry from
the lives led by the elephants in the wild who may walk 30
to 50 miles a day as they travel to sources of food and
water. Deprived of stable social structures, stressed
inappropriate environmental conditions, and traumatized by
physical disciple in training captive elephants often
AB 3027
Page 19
experience shortened life spans.
"The standards for the humane handling, care, treatment and
space requirements of exhibition animals under the federal
Animal Welfare Act administered by the USDA are minimal in
nature and poorly enforced due to limited personnel and
funding. Facilities which are not in full compliance with
the AWA are frequently given only a warning, and persistent
violators are rarely prosecuted by USDA. Standards are
neither species-specific, nor designed to provide a
consistent level of care.
"Given the immense size of power of elephants, many training
methods are designed to establish dominance over them and
include striking them in sensitive areas with sharpened
hooks, beating them with clubs and other objects and
depriving them of food. Many elephant handlers are now
using an alternative training method called protected
contact which relies on positive reinforcement. Training
tools for this method are treats, praise, whistles, and
soft-ended wand that resembles a giant Q-tip."
7)Arguments in Opposition :
a) California Association of Zoos and Aquariums (CAZA):
According to the CAZA, "We respectfully encourage your 'NO'
vote on this bill when this bill is heard by your committee
on April 25. Seven American Zoo and Aquarium
Association-accredited and one AZA-related institution
provide habitats for 38 elephants in California. Passage
of this bill will force the closure of the elephant
exhibits at the Fresno, Los Angeles, Santa Barbara, Vallejo
(Six Flags), and San Diego Zoos and the San Diego Wild
Animal Park, which will result in the relocation of 34
elephants and deny almost 8 million zoo visitors the
opportunity to personally experience the majesty of
elephants.
i) What This Bill Does : "This bill would mandate that
no more than three elephants inhabit any five acres
outdoors at an undefined 'stationary facility' and that
each additional elephant be provided with an additional
half acre. Stated another way, this bill would require
each of three elephants be provided 72,600 square feet of
outdoor space and 21,780 square feet of space outdoors
AB 3027
Page 20
would be required for each additional elephant after
three.
ii) Problems with this Bill :
(1) Arbitrary Acreage Requirements : "This bill's
mandate that no more than three elephants inhabit any
five acres outdoors at a 'stationary facility' and
that an additional one-half acre be made available for
each additional elephant are arbitrary in that no
peer-reviewed zoological science exists to support
them. The habitat areas provided to the
above-referenced 38 elephants exceed the peer-reviewed
standards of care set by the AZA.
"The AZA's 'Standards for Elephant Management and Care'
are more stringent than those of state regulatory
agencies and the USDA's Animal and Plant Health
Inspection Service. Members of AZA's Elephant
Steering Committee have more than 330 years of
experience with elephants.
"As Zoological Society of San Diego Executive Director
Douglas G. Myers said in his March 27th letter to the
author, 'Accredited zoos are internationally
recognized as experts in animal care and species
propagation. Should not this expertise be utilized to
advise . . . policymakers as to the appropriate
habitat?'
(2) Expansion of Elephants Habitat Halted :
"Passage of this bill would stop the privately-funded
efforts of the Zoological Society of San Diego to
expand the elephants' habitat at the San Diego Zoo.
Similarly, expansion of the elephants' habitat at the
Los Angeles Zoo from one-half acre to three- and
one-half acres could likewise be constrained.
(3) Uprooting of 34 Elephants in California :
"Passage of this bill would uproot 34 elephants from
their homes. This bill offers no plan for the
relocation of these affected elephants. Moreover, and
more importantly, CAZA is unaware of any documented
evidence that proves the two entities in our country -
one entity in California (Performing Animal Welfare
AB 3027
Page 21
Society) and one in Tennessee - have all the necessary
resources (acreage, habitat, staff, financial support)
to accept and properly care for the unique needs of
each of these 34 Asian and African elephants. Indeed,
it is unclear whether these two facilities provide
state-of-the-art veterinary, nutrition, and enrichment
programs for their existing elephants.
(4) "More importantly, closure of elephant
habitats in accredited zoos would directly and
immediately result in:
(a) "An impairment in the gains made in the
zoological knowledge of elephant physiology and
communications that study and observation in a zoo
setting provides. This, in turn, will hinder
advancements in the science used to both conserve
the declining numbers of African and Asian elephants
and establish self-sustaining populations of
elephants.
(b) "California families in major metropolitan
areas no longer being able to share the experience
of having their children learn about, understand,
appreciate, and grow to love elephants.
(c) "The majority of Californians losing the
opportunity to view up close these magnificent
creatures and, therefore, any possibility that these
people would be inspired to act for conservation of
this endangered species and their habitats.
iii) Conclusion : "The CAZA is comprised of dedicated
animal-care experts who are committed to ensuring that
elephants are part of the world's future. Passage of
this bill will eliminate excellent elephant programs that
currently provide exceptional care and contribute to
research and conservation efforts on behalf of all
elephants in Asia and Africa."
b) Association of Zoos and Aquariums : According to the
Conservation Education Committee (CEC) of the AZA, "One
focus of the Board-appointed CEC is to enhance and measure
the impact that a zoo or aquarium visit has on the over 143
million annual visitors - a number great than half the
AB 3027
Page 22
total population of the United States. The 22 AZA
facilities in California along draw nearly 16 million
visitors annually. For many of these guests, the
opportunity to view and learn about the diversity of animal
life on our planet would not be possible without a visit to
our facilities. Guest and program evaluation firms, all
confirm the same basic principle: the more a person leans
about or becomes emotionally connected to an animal, the
more likely that individual will take positive action to
help save wildlife. Indeed, motivation to action is
dependant on these connections and cannot happen without
them. It is this interest in and fascination with wildlife
that draws people to our accredited zoos and aquariums each
and every day and helps increase funding for conservation
programs in the wild.
"AZA professionals have a tremendous amount of knowledge
regarding the needs of the elephants entrust to their care
and they have set many guidelines that must be follow for a
facility to receive or maintain accreditation. These
guidelines are set in place to ensure the well-being of
elephants in all AZA-accredited institutions. The CEC
fully supports these standards and practices created by our
colleagues in the animal science and research arm of AZA.
None of us want to see any animal maintained in sub-par
conditions, nor do we wish to see an animal in any
situation that will negatively affect its psychological
well being.
"While the CEC certainly supports any and all legislation
ensuring that an elephant holding facility meets certain
animal welfare standards and practices, we oppose this
bill. The setting of an arbitrary minimum size for an
elephant exhibit (five acres in this case) is just that -
arbitrary. This size is not based on any research or
fact-based knowledge. The welfare of a group of elephants
is related is related to many variables such as behavioral
enrichment opportunities, veterinary care and day-to-day
husbandry, not a specific amount of acreage. The idea of
the 'wild' elephant herd is a fast-dying possibility as
most elephants in Africa/Asia are either protected in
human-managed game reserves where their movement is
restricted or use as beast of burden by locals.
"The effect of the minimum size will have far reaching,
AB 3027
Page 23
negative impacts. If the exhibit size requirement portion
of this bill goes into effect, only one AZA facility in the
entire state will satisfy the requirements, leaving the
other facilities - many with two to three acre exhibits -
with no choice but to send their animals to other
facilities. Unfortunately, there is limited space in
AZA-accredited facilities so these animals with need to be
sent to so-called 'sanctuaries'. These sanctuaries - while
they might have a larger space - do not even meet the
minimal AZA standards for elephant care.
"Most importantly, most of your 33 million plus residents
will never get the opportunity to one again experience the
awe, amazement and emotional connection that comes from
viewing a living breathing animal as magnificent as an
elephant. If effect, their motivation for supporting
conservation action programs aimed at saving elephants will
be taken away."
c) GAJAH: Journal of the Asian Elephant Specialist Group :
According the Charles Santiapillai, Ph.D., editor of GAJAH,
'I am an Associate Professor of Zoology at the University
of Peradeniya in Sri Lanka. My main research interest at
present is the conservation and management of the Asian
elephant. Since the 1980's, I have been a member of the
Asian Elephant Specialist Group (AsESG), and the editor of
its journal GAJAH. One of my publications includes "The
Asian Elephant: An Action Plan for its Conservation",
published by the World Conservation Union in 1990. I am
also a member of the Task Force convened by the Government
of Sri Lanka to prepare a National Policy for Elephant
Conservation in Sri Lanka. I am 61 years old.
"I understand this bill being proposed in the State of
California stipulates the provision of a minimum of five
acres for three elephants in captivity, with one-half acre
being set aside for every additional elephant. Such
legislation will make it almost impossible for many zoos in
the United States to maintain elephants in captivity, given
the space limitations.
"But is this reasonable, vis-?-vis what is being done
extremely well here in Sri Lanka, where elephant management
in captivity can be traced back to more than 2,000 years.
Since 1980, elephants rescued from the wild are being
AB 3027
Page 24
maintained at the Elephant Orphanage in Pinnawala - a
facility run by the Government of Sri Lanka. Here in a 9
ha (22.2 acres) coconut estate, some 66 elephants of all
sizes are being maintained, almost all of them in excellent
health and well cared for by experienced and dedicated
mahouts (elephant keepers) and veterinarians. This
translates into a density of 7.3 elephants per ha (or three
elephants per acre). The National Zoological Gardens in
Dehiwela (Sri Lanka) too maintains elephants in captivity
in much smaller enclosures, given the limitations of space.
But the animals are well looked after and are in very good
health.
"This bill is too restrictive and unrealistic. Where does
one draw the line between sanity and stupidity? Items such
as ropes, chains, ankus, etc., are needed in the management
of elephants in captivity by mahouts (elephant keepers),
who unlike biologists studying elephants in the wild from
the comfort and safety of their air-conditioned, four-wheel
drive vehicles, need to interact at close range with
elephants. Instead of banning items such as ropes, chains
or hooks, we need to promote their prudent and judicious
use. People who look after elephants and other animals in
the zoos and other captive facilities are far more humane
than some of the animal rights activists, who can be
deluded, deranged and even dangerous at times.
"There is a growing concern among the educated public of the
need to care for animals, in particular elephants in
captive facilities. One of the concerns is the limitation
to animal movement imposed by space in zoos. This is
understandable, given that most zoos are in urban areas
where space is limited. Nevertheless, there are facilities
and institutions in the United States where elephants are
indeed very well looked after and cared for. There is,
therefore, a need to identify such institutions and
facilities and recognize their contributions to the
conservation of elephants and provide a balanced assessment
of their activities to the general public. These agencies
recognize the importance of a well informed public. A
knowledgeable and concerned public will then remain a
source of support and constructive enquiry to the
conservation of elephants both in the wild and in
captivity.
AB 3027
Page 25
"Some conservationists have pointed out that elephants in
captivity tend to be aggressive, neurotic and prone to a
variety of diseases and suffer from infertility. But they
fail to realize that life in the wild is not a bed of roses
for elephants either. In Sri Lanka, one can see wild
elephants with gunshot injuries and suppurating wounds.
Elephants are routinely shot, maimed, poisoned or killed by
irate farmers as they interfere with agriculture.
Currently, over 100 elephants are slaughtered in the wild
annually as a consequence of the escalating human-elephant
conflict. Wild elephants also kill between 30 to 50 people
every year in the island. Poor health is not peculiar to
animals in captivity; even in the wild, one can see
elephants in poor body condition as a result of prolonged
drought or through competition for grazing with domestic
cattle. As far as infertility in captivity is concerned,
evidence from Sri Lanka points to the opposite: elephants
are breeding well in captivity, without the need for
artificial insemination.
"Last year, I was able to spend a short sabbatical in the
United States during which I visited a few facilities (such
as zoo, sanctuary, safari park and circus) in which
elephants are managed in captivity. I was greatly
impressed with the level of care given to the elephants in
places such as Center for Elephant Conservation at Polk
City (Florida), Annheuser-Busch Adventure Park in Tampa
(Florida), Disney's Animal Kingdom at Lake Buena Vista
(Florida), the Memphis Zoo (Tennessee), the Tulsa Zoo
(Oklahoma), the Little Rock Zoo (Arkansas), the Ringling
Brothers and Barnum & Bailey Circus at Corpus Christi
(Texas), and the Riddle's Elephant and Wildlife Sanctuary
at Greenbrier (Arkansas). In all these facilities, the
elephants are managed extremely well and looked after with
great care by experienced and dedicated keepers. The level
of veterinary care given to the animals is excellent and
veterinarians are on call 24 hours per day.
"None of the elephants that I saw was overworked,
undernourished, abused or obese. None of them showed any
foot disease or exhibited neurotic behavior. The Center
for Elephant Conservation in Florida has over 100 acres of
land for its elephants to range freely, while the Riddle's
Elephant & Wildlife Sanctuary has over 300 acres of land.
There are excellent facilities to monitor the elephants'
AB 3027
Page 26
body weight and physical condition. The 'protected
contact' approach practiced in these facilities ensures the
safety of the elephant keepers, and helps minimize risks.
The bond between the elephant and its keeper is so good
that there is no need to use excessive disciplinary action.
The animals are well trained to obey basic commands.
"It is therefore a pity that an increasingly vocal and
influential group of animal rights activists is unable to
separate the lasting wheat from the fading chaff. While
everyone working for the conservation of elephants must
fight for animal welfare, no one should allow people's
emotions to be exploited by animal rights activists. As Dr
Graham Child (Zimbabwe) argues, they play on people's
sensitivity against cruelty to animals, and in the process
have 'gained prominence as a form of remote political
coercion'. They have power without responsibility - a
privilege only politicians and prostitutes enjoy. The
matter is serious, and an editorial in a recent issue of
Nature highlights the need for scientists to speak up
against the unreasonable stand of the animal rights
activists. 'The reluctance to talk to the public about
their research merely plays into the hands of the
extremists who would be delighted to see scientists stay
silent.'
"United States legislators should study how well elephants
are managed in Asia, both in the wild and in captivity.
There will always be elephants in captivity in Asia given
their religious and social significance. No amount of
protest or agitation from the animal rights activists will
ever stop pageants such as the Peraheras in Sri Lanka at
which numerous elephants take part. Elephant management
and conservation should be based on science and not on
sentiment. The animal rights movement, like the Taliban,
is a form of extremism and it is time that scientists spoke
up in defence of captive elephant facilities. Remaining
silent would only spur the animal rights activists to
venture into even more hare-brained schemes, such as
banning the keeping of dogs in captivity. Animal welfare
should take precedence over animal rights."
d) Feld Entertainment, Inc : According to Feld
Entertainment, "Feld Entertainment, Inc. is the world's
leading producer of live family entertainment and the
AB 3027
Page 27
parent company of Ringling Brothers and Barnum and &
Bailey. Ringling Brothers is one of the oldest, largest,
and is the most well-known traveling exhibitor of live
animals in the world. Ringling Brothers have 54 Asian
elephants, the largest herd in North America as well as the
most successful breeding program outside of Asia. We are
committed to providing all of our elephants with the
highest and best standards of care in all respects and can
honestly say that not entity knows more about the proper
handling, training and veterinary care of elephants than
Ringling Brothers.
"Ringling Brothers has reviewed this bill and, regretfully,
we must oppose the bill. This bill is ill-advised and
would interfere with proper elephant husbandry and
management by imposing baseless restrictions and
requirements that do nothing to enhance the individual
elephant welfare, and would actually be detrimental to
elephant conservation. In fact, if enacted, this bill may
ultimately doom the already endangered Asian elephant
species to extinction.
"This year, Ringling Brothers is caring for and transporting
three circus productions containing over 150 individual
animals through approximately 120 cities, including eight
in California. A trip to Ringling Brothers' circus has
long been a treasured pat of the American childhood,
evoking happy memories of family and fun. Our shows not
only entertain, but also teach the value of teamwork and
the important role we all have as caretakers of the animals
who share our planet. The sights, sounds and smells of
that first trip to the circus stay with us always. Yet,
because it would prohibit the use of recognized and
legitimate tools of animal husbandry, this bill would, in
effect, prevent us from bring our circuses to California.
"While the circus family works with a variety of rare or
exotic animals, there is no question that the animal most
closely identified with the circus is the elephant. As we
enter out 136th year of providing quality family
entertainment, Ringling Brothers and Barnum & Bailey is
recognized as a leader in the care and well being of Asian
elephants. With so many years of experience, Ringling
Brothers has gained extensive practical and scientific
knowledge of elephant behavior and social structure, and we
AB 3027
Page 28
regularly work with some of the world's leading experts in
elephant care. Although there is a great deal of emotional
rhetoric surrounding the issue of elephants in zoos and
circuses, we hope that when you examine the facts about
Ringling Brothers and our commitment to elephants you will
agree that this bill is neither necessary nor appropriate.
"A discussion of what is best for elephants should focus not
on arbitrary number, but on whether or not their physical,
social, and mental needs are being met. One look will show
you that Ringling Brothers' elephants are healthy,
thriving, vigorous and content:
i) "Our elephants are among the most physically active
anywhere, and this is NOT a function of the size of the
space where they eat and sleep. Each week includes daily
exercise and activities (walks, practice sessions,
rehearsals, and performances) that help maintained their
physical fitness.
ii) "Each week, our elephants consume fresh, nutritious
food that is purchased locally and delivered to each
performance site. They also regularly receive enrichment
in the form of edible plants such as bamboo, sugar canes,
tree limbs and fresh fruits and vegetables.
iii) "Our elephants travel and live in social groups,
often with siblings and other family members. In this
way, our elephants are able to maintain and enjoy stable
social relationships. In fact, some of our elephants can
spend part of each day resting, playing or socializing.
iv) "Ringling Brothers' elephants receive constant,
24-hour care with their primary caregivers living with
them at each venue, and a team of trainers, handlers,
veterinarians, veterinary technicians, and animal
behaviorists who work to ensure their well-being.
"All Ringling Brothers' animals travel in custom-built
enclosures and carriers that meet or exceed all
applicable federal and state requirements. Our circus
trains include cars specially designed for the safe and
comfortable transport of elephants.
"At Ringling Brothers, we have strict policies on the
AB 3027
Page 29
appropriate use of all tools, and several of the practices
and devise listed in this bill would violate our policies
as well as existing animal welfare and cruelty laws. For
example, the withholding of food or water from any animal
for any reason other than veterinary care is prohibited.
All of our animal care policies are simple and
straight-forward, are made known to all animal care
personnel and prominently posted on our circus units.
"We do not tolerate misuse of any equipment, including what
the elephant community calls a 'guide', referred to in the
bill as an 'ankus' or 'bullhook'. Like all tools, it is
subject to misuse; but when used properly, it is a safe and
responsible part of elephant management. Its size and
function has evolved over time; it now primarily serves as
an extension of the trainer's arm during performance and in
daily routines to guide the animals. It functions much
like the reins for a horse or a leash for a dog, typically
in conjunction with a voice command. It is used in
training to help the elephants understand the meaning of a
verbal cue and in some circumstances when noise or
distractions prevent the elephant from hearing a verbal
cue.
"Similarly, tethering elephants during transport and
overnight is well recognized means of ensuring their
safety. When tethered, the elephants have room to lie
down, move around and interact with each other. Tethering
ensures that the elephants respect each other's physical
space - especially during meal times. Chains are used for
tethering because they are sanitary, strong, and safe for
the elephants. Our tethering practices are consistent with
the policies and requirements of the USDA. More
importantly, they reflect the cumulative experience of not
only Ringling Brothers' experts but of elephant experts
from around the world.
"The use of guide and tethers are standard management
practices approved by the USDA, the American Zoo and
Aquarium Assocation, AZA, the International Elephant
Foundation (IEF), and Elephant Managers Association (EMA).
Our policies and elephants care practices are consistent
with those set out in the Elephant Husbandry Resource
Guide, which was published by the IEF with the support of
the AZA and EMA. This guide reflects the recognized,
AB 3027
Page 30
state-of-the-art, industry standards for safe and humane
care and management of elephants.
"All circuses and zoos are required to be licenses by the
USDA and are subject to the unannounced and regular
inspections by the USDA seven days per week. The Federal
Government also sets standards for the transportation of
elephants that all circuses must follow. These regulations
address everything from the size and nature of encloses to
ambient temperatures, to food, water and exercise during
transport. In addition to federal regulation, our
traveling shows are subject to stat and local laws
governing the care ad well being of animals. We are
regularly inspected in almost every one of the cities we
perform in and such inspections consistently find the
Ringling Brothers animal care is excellent and meets all
applicable requirements.
"While our entire herd includes 54 Asian elephants, at any
time we have 20 to 22 Asian elephants on our circus units.
The remainder is cared for at one of our two permanent
facilities in Florida. The Ringling Brothers and Barnum &
Bailey Center for Elephant Conservation is a
state-of-the-art facility dedicated to the research,
reproduction and retirement of Asian elephants. This
center is completely funded by Ringling Brothers, with a
portion of every circus ticket sold going to support our
efforts, and is staffed by highly-qualified individuals who
dedicate themselves seven days per week, 52 weeks per year,
to our mission. It is home to the most successful Asian
elephant breeding program outside of Asia, having
celebrated nineteen births since 1992. In addition, a
number of our retired elephants live at our Retirement
Center in Williston, Florida, where they embody our cradle
to the grave commitment to elephant care.
"Sadly, the Asian elephant is an endangered species, with
fewer than 35,000 remaining in the world as their natural
habitat is continually eroded away. Each day, more and
more of the so-called 'wild' disappears and elephants are
thrown into conflict with humans. As caretaker of the
largest herd outside of Asia, our commitment goes beyond
the animals in our care to the entire Asian elephant
species. We regularly work in cooperation with zoos,
researchers, and other on reproduction, conservation, and
AB 3027
Page 31
research studies, and are please to share out wealth of
elephant husbandry knowledge with the scientific and
conservation communities to achieve our mutual goal of
preserving this magnificent species.
"For millions of families, the opportunity to see elephants
up close in a performance setting is a unique and treasured
experience. It is well established that public exhibition
of elephants is zoos and circuses are a crucial aspect of
conservation education. The affection and awe that
elephants generate among our audience helps focus attention
on the current challenges facing the survival of this
species and engenders a respect that no television show or
move can replicate. In fact, independent studies have
shown that the opportunity to experience animals up close
in an entertainment setting significantly contributes to
the public's awareness of and interest in preserving these
magnificent animals. This is especially true for children,
who not only become more aware of the animals and their
special needs and abilities, but also experience first hand
the importance of caring for and respecting all animals.
"Unfortunately, by imposing unrealistic and subjective
requirements on zoos and circuses with elephants, this bill
would take away that important experience. While we
commend and support you objective on ensuring elephant
welfare, this bill as written will not do anything to
advance it. Instead, it would deny the people of
California the opportunity to see some of the most well
cared for elephants on the planet."
REGISTERED SUPPORT / OPPOSITION :
Support
American Society for the Prevention of Cruelty to Animals
Animal Legal Defense Fund
Animal Protection Institute
Animal Switchboard
Association of Veterinarians for Animal Rights
California Animal Association
California Animal Control Directors Association
California Federation for Animal Legislation
California Lobby for Animal Welfare
California Lobby for Animal Welfare
AB 3027
Page 32
Captive Wild Animal Protection Coalition
Doris Day Animal League
Friends of the Folsom Zoo Sanctuary
Humane Society of the United States
In Defense of Animals
Performing Animal Welfare Society
Save The Elephant Campaign
San Diego Animal Advocates
Senior Citizens for Humane Legislation and Education
United Animal Nations
Nine private citizens
Opposition
AEG
Animal Operations Director, Disney's Animal Kingdom
Brockett's Film Fauna Brevard Zoo
California Association of Zoos and Aquariums
California Labor Federation
California Teamsters Public Affairs Council
Cameron Park Zoological and Botanical Society
Carson and Barnes Circus
Chair, Animal Health Committee, Association of
Zoos and Aquariums
Conservation Education Committee
Denver Zoo
Dickerson Park Zoo
Elephant Managers Association
Elephant Taxon Advisory Group
Elephants of Africa Rescue Society
Ellen Trout Zoo
Feld Entertainment
Happy Hollow Zoo
Have Trunk, Will Travel
International Animal Welfare Alliance
International Elephant Foundation
Little Rock Zoological Gardens
National Animal Interest Alliance
Riverbanks Zoo and Garden
Rhode Island Zoological Society
Roger Williams Park Zoo
Underwood Ranches
Sacramento Zoo
Sacramento Zoo Education Department
Saint Louis Zoo
AB 3027
Page 33
Santa Barbara Zoo
Species Survival Program
Tulsa Zoo and Living Museum
Wild Things
Zoological Society of San Diego
28 private individuals
Analysis Prepared by : Scott Hinkle / PUB. S. / (916) 319-3744