Animal Care Enforcement Summary (AWA and HPA)

Animal Care Enforcement Summary (AWA and HPA)

Animal Welfare Act (AWA)

With respect to alleged violations of the Animal Welfare Act (AWA), in Fiscal Year (FY) 2015, APHIS initiated 290 cases; issued 181 official warnings; issued 28 pre-litigation settlements resulting in the collection of $145,212 in stipulated penalties; and obtained administrative orders assessing $23,500 in civil penalties. APHIS negotiated several strong administrative consent decisions under the AWA, including one involving former random source B dealers who agreed to revocation of their license to resolve allegations involving how they obtained and handled dogs; one involving a former exhibitor that agreed to revocation of his license and a $50,000 civil penalty held in abeyance to resolve allegations that he failed to provide proper care for his animals; one involving an exhibitor that agreed to a $7,500 penalty and a one-month license suspension to resolve allegations that it failed to properly care for and handle its animals; and one involving an exhibitor that agreed to a $16,000 penalty to resolve allegations regarding its animal handling and care. APHIS also filed 36 administrative complaints alleging violations of the AWA, most of which are still pending. Additionally, APHIS issued strong pre-litigation settlements, including one for $12,825 against a carrier that subcontracted the transport of a shipment of ferrets to an unregistered carrier, which in turn subcontracted the transport multiple times, and which ultimately resulted in the death of 27 ferrets during the transport; and one for $31,775 for a research facility that failed to administer adequate anesthesia prior to a procedure and failed to have adequate oversight over its animal care and use.

Totals FY 2014 FY 2015 FY 2016 (mid-year)
Cases Initiated 252 290 104
Warnings 170 181 74
Settlement Agreements 64 28 15
Stipulated Penalties Assessed $300,938 $145,212 $100,642
Non-Monetary Stipulations 9 7 0
Referrals to OGC 33 (alleged violators)
27 (cases)
37 (alleged violators)
27 (cases)
24 (alleged violators)
17 (cases)
Administrative Complaints 25 36 12
Administrative Decisions 38 26 9
Civil Penalties Assessed $576,111 $23,500 $51,050


Horse Protection Act

With respect to alleged violations of the Horse Protection Act (HPA), in Fiscal Year (FY) 2015, APHIS initiated 233 cases; issued 503 official warnings; and obtained 16 administrative orders assessing $9,900 in civil penalties and disqualifying 17 individuals from participating in activities regulated under the HPA. APHIS issued one pre-litigation settlement agreement, resulting in the collection of $1,500 in stipulated penalties against an individual for a violation of the HPA. With respect to administrative orders, APHIS obtained two decisions and orders issued by an Administrative Law Judge, finding that a horse trainer committed two violations of the HPA, resulting in assessment of a $4,400 civil penalty, and a two-year disqualification from showing or entering any horse, or otherwise participating in any horse show, exhibition, or sale. APHIS also negotiated many administrative consent decisions under the HPA, including one consent decision in which an individual agreed to a four-year disqualification as well as the transfer in ownership and possession of two horses that were involved in violations of the HPA. Collectively, the administrative consent decisions resulted in the disqualification of approximately 15 individuals from showing or entering horses, or otherwise participating in any horse show, exhibition, or sale; and the assessment of $9,900 in civil penalties.

Totals FY 2014 FY 2015 FY 2016 (mid-year)
Cases Initiated 164 233 105
Warnings 426 503 177
Settlement Agreements 0 1 0
Stipulated Penalties Assessed $0 $1,500 $0
Non-Monetary Stipulations 0 0 0
Referrals to OGC 46 (alleged violators)
25 (cases)
103 (subjects)
35 (cases)
12 (alleged violators)
11 (cases)
Administrative Complaints 28 25 9
Administrative Decisions 41 16 10
Civil Penalties Assessed $44,500 $9,900 $6,100


Learn more about the Horse Protection Act Disqualification List

 

Complementary Content
${loading}