SPEAKERS CONTENTS INSERTS
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65–825
2000
CAPTIVE ELEPHANT ACCIDENT PREVENTION
ACT OF 1999
HEARING
BEFORE THE
SUBCOMMITTEE ON CRIME
OF THE
COMMITTEE ON THE JUDICIARY
HOUSE OF REPRESENTATIVES
ONE HUNDRED SIXTH CONGRESS
SECOND SESSION
ON
H.R. 2929
JUNE 13, 2000
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Serial No. 100
Printed for the use of the Committee on the Judiciary
For sale by the U.S. Government Printing Office
Superintendent of Documents, Congressional Sales Office, Washington, DC 20402
COMMITTEE ON THE JUDICIARY
HENRY J. HYDE, Illinois, Chairman
F. JAMES SENSENBRENNER, Jr., Wisconsin
BILL McCOLLUM, Florida
GEORGE W. GEKAS, Pennsylvania
HOWARD COBLE, North Carolina
LAMAR S. SMITH, Texas
ELTON GALLEGLY, California
CHARLES T. CANADY, Florida
BOB GOODLATTE, Virginia
STEVE CHABOT, Ohio
BOB BARR, Georgia
WILLIAM L. JENKINS, Tennessee
ASA HUTCHINSON, Arkansas
EDWARD A. PEASE, Indiana
CHRIS CANNON, Utah
JAMES E. ROGAN, California
LINDSEY O. GRAHAM, South Carolina
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MARY BONO, California
SPENCER BACHUS, Alabama
JOE SCARBOROUGH, Florida
DAVID VITTER, Louisiana
JOHN CONYERS, Jr., Michigan
BARNEY FRANK, Massachusetts
HOWARD L. BERMAN, California
RICK BOUCHER, Virginia
JERROLD NADLER, New York
ROBERT C. SCOTT, Virginia
MELVIN L. WATT, North Carolina
ZOE LOFGREN, California
SHEILA JACKSON LEE, Texas
MAXINE WATERS, California
MARTIN T. MEEHAN, Massachusetts
WILLIAM D. DELAHUNT, Massachusetts
ROBERT WEXLER, Florida
STEVEN R. ROTHMAN, New Jersey
TAMMY BALDWIN, Wisconsin
ANTHONY D. WEINER, New York
THOMAS E. MOONEY, SR., General Counsel-Chief of Staff
JULIAN EPSTEIN, Minority Chief Counsel and Staff Director
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Subcommittee on Crime
BILL McCOLLUM, Florida, Chairman
STEVE CHABOT, Ohio
BOB BARR, Georgia
GEORGE W. GEKAS, Pennsylvania
HOWARD COBLE, North Carolina
LAMAR S. SMITH, Texas
CHARLES T. CANADY, Florida
ASA HUTCHINSON, Arkansas
ROBERT C. SCOTT, Virginia
MARTIN T. MEEHAN, Massachusetts
STEVEN R. ROTHMAN, New Jersey
ANTHONY D. WEINER, New York
SHEILA JACKSON LEE, Texas
GLENN R. SCHMITT, Chief Counsel
DANIEL J. BRYANT, Chief Counsel
RICK FILKINS, Counsel
CARL THORSEN, Counsel
BOBBY VASSAR, Minority Counsel
C O N T E N T S
HEARING DATE
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June 13, 2000
TEXT OF BILL
H.R. 2929
OPENING STATEMENT
Chabot, Hon. Steve, a Representative in Congress From the State of Ohio, and presiding chairman, Subcommittee on Crime
WITNESSES
Barker, Bob, Hollywood, California
Blasko, David, elephant encounter supervisor, Six Flags, Marine World
Derby, Pat, president, Performing Animal Welfare Society
Doyle, Blayne, Palm Bay Police Department
Johnson, Kari, Have Trunk Will Travel
Olson, Deborah, director, Conservation and Science Programs, Indianapolis Zoo
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Parrott, Joel, DVM director, The Oakland Zoo
Rawls, David, president, Kelly Miller Circus
Rider, Tom, formerly of Ringling Brothers and Barnum & Bailey Circus
Schmitt, Dennis, associate professor, Agriculture Department, Southwest Missouri State University
LETTERS, STATEMENTS, ETC., SUBMITTED FOR THE HEARING
Barker, Bob, Hollywood, California: Prepared statement
Blasko, David, elephant encounter supervisor, Six Flags, Marine World: Prepared statement
Derby, Pat, president, Performing Animal Welfare Society: Prepared statement
Doyle, Blayne, Palm Bay Police Department: Prepared statement
Jackson Lee, Hon. Sheila, a Representative in Congress From the State of Texas: Prepared statement
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Johnson, Kari, Have Trunk Will Travel: Prepared statement
Olson, Deborah, director, Conservation and Science Programs, Indianapolis Zoo: Prepared statement
Parrott, Joel, DVM director, The Oakland Zoo: Prepared statement
Rawls, David, president, Kelly Miller Circus: Prepared statement
Rider, Tom, formerly of Ringling Brothers and Barnum & Bailey Circus: Prepared statement
Schmitt, Dennis, associate professor, Agriculture Department, Southwest Missouri State University: Prepared statement
APPENDIX
Material submitted for the record
CAPTIVE ELEPHANT ACCIDENT PREVENTION ACT OF 1999
TUESDAY, JUNE 13, 2000
House of Representatives,
Subcommittee on Crime,
Committee on the Judiciary,
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Washington, DC.
The subcommittee met, pursuant to call, at 9:42 a.m., in room 2237, Rayburn House Office Building, Hon. Steve Chabot [chairman of the subcommittee] presiding.
Present: Representatives Steve Chabot, Howard Coble, Bob Barr, C.W. Bill Young, Sam Farr, Bobby Scott, Sheila Jackson Lee, and Asa Hutchinson
Staff present: Glenn R. Schmitt, chief counsel; Rick Filkins, counsel; Bobby Vassar, minority counsel; Veronica L. Eligan, staff assistant.
OPENING STATEMENT OF PRESIDING CHAIRMAN CHABOT
Mr. CHABOT. Good morning.
This hearing of the Subcommittee on Crime will come to order.
My name is Steve Chabot, and I will be chairing this morning's hearing in Chairman McCollum's absence. I represent the First District of Ohio which is essentially Cincinnati.
Mr. McCollum very much wanted to be here but he had a scheduling conflict, so I will now deliver the remarks he intended to deliver if he were here.
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Today's hearing will consider the merits of H.R. 2929, the ''Captive Elephant Accident Prevention Act of 1999,'' which was introduced by Representative Sam Farr of California last year. Congressman Farr is here with us this morning and will be talking in a little while.
This legislation would amend the United States Criminal Code to prohibit the use of elephants in traveling circuses and shows and for giving rides to people. The central issue before the subcommittee today is whether captive elephants are so dangerous that they pose an unacceptable risk to their trainers and the public and therefore should no longer be used in traveling circuses or for giving rides.
Elephants are the largest, living land animals on earth weighing up to 16,500 pounds. They are native to both Africa and Asia but their prehistoric ancestors lived almost everywhere including North and South America. They are highly intelligent and gregarious creatures who live in family units with complex social relationships.
There are about 2,000 elephants held in captivity in the United States, the vast majority in zoos. About 200 are owned by traveling circuses, shows and other enterprises where they perform tricks and give rides to children. The use of elephants and other animals in circuses and shows is regulated by the U.S. Department of Agriculture as well as by State and local laws. These enterprises must obtain permits from the USDA to show and display elephants and other animals.
Under the Animal Welfare Act, USDA inspectors are empowered to conduct unannounced inspections of circuses and shows to determine whether their animals are being properly cared for. Over the past 20 years there have been a number of tragic incidents involving elephants that have caused death and injury to elephant trainers and the public. Though the numbers of people killed and injured are disputed.
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Proponents of the legislation before us today allege that rampaging elephants have killed as many as 28 people and injured scores of others since 1983. The circus industry challenges these claims, asserting that the number of killed and injured is far lower, but there is no doubt that elephants pose a risk to their trainers, handlers and occasionally to the public. They are, after all, wild animals and as such, their behavior cannot be predicted.
Indeed, because of their shear size, strength and temperament, elephants can be very dangerous. It should come as no surprise that the job of keeping elephants is the most dangerous profession in North America according to the U.S. Bureau of Labor Statistics. On average, one out of the Nation's approximately 600 elephants handlers is killed each year and elephants kill more zoo personnel than all other species of animals kept in zoos and circuses combined.
For example, in 1994 in Honolulu, a circus elephant named Tyke went on a rampage during a performance. She crushed her trainer to death and broke free and onto the streets of the city before being shot by the police.
In another case in Palm Bay, Florida in 1992, an elephant named Janet went on a rampage while carrying children on her back. Like Tyke, she had to be shot to death by the police to protect the public. Both elephants had a history of violent behavior.
Just last year in Poughkeepsie, New York, an African elephant named Luna escaped from the center ring during a performance and charged the audience, stomping through several rows of chairs and coming within a few feet of members of the audience. She then ran away and was contained by circus personnel. Earlier during the same performance, Luna had been giving rides to circus patrons.
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Most experts agree that when elephants rampage, they do so because they are angry. Those who urge banning the use of elephants in circuses and for giving rides believe that it is the nature of captivity that leads to violent behavior. They argue that captivity is unnatural, that captive elephants experience radically different lifestyles than their wild counterparts.
Because of their intelligence, they are easily bored by their limited manmade surroundings which usually includes frequent caged travel and being chained to prevent escape. Additionally, they may be subjected to physical and psychological abuse during the course of their training to perform tricks or merely as a condition of their captivity.
Single elephants in captivity are prone to develop severe mental disorders. On the other hand, elephants reportedly live longer in captivity and are more likely to reproduce than in the wild.
We look forward to hearing the testimony of our distinguished panel of witnesses.
[The bill, H.R. 2929, follows:]
106TH CONGRESS
1ST SESSION
H. R. 2929
To amend title 18, United States Code, to prohibit certain conduct relating to elephants.
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IN THE HOUSE OF REPRESENTATIVES
SEPTEMBER 23, 1999
Mr. FARR of California (for himself, Ms. PELOSI, Mr. LIPINSKI, Mr. STARK, Mr. LANTOS, Mr. BLUMENAUER, Mr. LEWIS of California, Mr. YOUNG of Florida, Mr. TRAFICANT, Mr. WEINER, Mr. BOUCHER, Mr. MORAN of Virginia, Ms. WOOLSEY, Mr. WHITFIELD, Mr. GALLEGLY, Mr. HALL of Ohio, and Mr. TANCREDO) introduced the following bill; which was referred to the Committee on the Judiciary
A BILL
To amend title 18, United States Code, to prohibit certain conduct relating to elephants.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ''Captive Elephant Accident Prevention Act of 1999''.
SEC. 2. ELEPHANT SHOWS AND RIDES.
(a) IN GENERAL.—Chapter 89 of title 18, United States Code, is amended by adding at the end the following:
''§1822. Elephant shows and rides
''(a) Whoever, in or affecting interstate or foreign commerce, knowingly makes available any elephant for—
''(1) use in a travelling show or circus; or
''(2) the purpose of allowing individuals to ride that elephant;
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shall be fined under this title or imprisoned not more than 1 year, or both. In the case of a conviction of a person who has previously been convicted for another offense under this section, the offender shall be fined under this title or imprisoned not more than 2 years, or both.
''(b) In this section, the term 'travelling show or circus' means a show or circus that spends most of its working time each year away from its permanent facility.''.
(b) CLERICAL AMENDMENT.—The table of sections at the beginning of chapter 89 of title 18, United States Code, is amended by adding at the end the following new item:
''1822. Elephant shows and rides.''.
Mr. CHABOT. With that, are there other members who wish to make an opening statement? I will start with the distinguished ranking member of the committee, Mr. Scott of Virginia.
Mr. SCOTT. Thank you, Mr. Chairman. I am pleased to join you in convening this hearing on H.R. 2929.
I would like to welcome my colleagues, the gentleman from California, Mr. Farr, and the gentleman from Florida, Mr. Young, and to express my appreciation to them for their dedication and diligence in bringing this issue to our attention through the bill they have co-sponsored with a number of our colleagues.
The elephant is probably one of the world's best known animals. Humans have been fascinated by elephants for hundreds of years from observing them in the wild to keeping them in zoos and circuses. Unfortunately, the elephant poaching for their ivory and destruction of their habit has brought them to the brink of extinction in the wild. More recently a worldwide ban on ivory sales and specific conservation efforts have resulted in an improvement in their survival prospects.
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Today we will be hearing about what some see as another threat to elephants as well as the general public, traveling circuses and rides for humans. H.R. 2929 would prevent both by making it a crime to use elephants in traveling circuses or for rides by humans.
Some of our witnesses will provide testimony regarding how these activities put elephants as well as humans at risk of harm. Testimony of others will indicate that elephants and traveling circuses and elephant rides by humans would put neither at unreasonable risk of harm.
I want to commend you, Mr. Chairman, for putting together such a well-balanced panel of witnesses relative to the differing views and the need for this legislation. I look forward to their testimony.
At this point, I would ask unanimous consent that the gentleman from California and the gentleman from Florida be able to participate fully in the proceedings.
Mr. CHABOT. Without objection.
Mr. Barr, did you want to make an opening statement?
Mr. BARR. Only to say that I look forward to the testimony today to be enlightened of all the pressing needs facing our society including tremendous drug usage among our young people, youth violence, despite the severe burdens currently posed to Federal law enforcement by trying to enforce the literally hundreds if not thousands of Federal laws, why it is necessary to take up our time on an issue that while certainly is a problem, would seem best handled by State and local officials, that they are already Federal laws relating to it and why we need to create yet another Federal criminal law to handle this problem?
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I look forward to the panel perhaps enlightening us and the American people as to why among all these more pressing problems, this is going to consume our time.
Mr. CHABOT. Thank you, Mr. Barr.
Before we introduce the panel, I would ask if Mr. Farr or Mr. Young would like to make a statement?
Mr. HUTCHINSON. Thank you, Mr. Chairman. I would be delighted to waive an opening statement in order to hear from the panel of witnesses.
As you know, later on another hearing will be conducted in full Judiciary Committee so I wanted to explain in advance if I sneak out for a little bit and come back, I have read much of the testimony and will look forward to hearing personally from the witnesses.
I yield.
Mr. CHABOT. Thank you, Mr. Hutchinson.
We will turn to Mr. Farr and Mr. Young for any type of statement they would like to make. Then we will introduce the panel.
I see Mr. Coble.
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Mr. COBLE. Mr. Chairman, I want to echo what the gentleman from Arkansas said. I too must go to the full Judiciary Committee hearing but hopefully will be able to return because this is a matter of interest.
I thank the chairman.
Mr. CHABOT. Thank you, Mr. Coble.
Mr. Farr?
Mr. FARR. Thank you very much, Chairman Chabot. I really appreciate my colleague and the chairman of the Appropriations Committee, Mr. C.W. Bill Young, Florida, being here today. I know he has a busy schedule but I hope you will give him a chance to comment after I finish.
I want to thank the members of this committee, Mr. Scott, Mr. Hutchinson, Mr. Coble and Mr. Barr, and I would like to respond to Mr. Barr's question. I know how committed this committee is to eliminating violence in America. I think after you hear this testimony, you will see that we have a problem of violence in America that is not being addressed yet. That is the purpose of this bill. It is a very quick, short bill. It only has four sentences.
I introduced the bill to Congress called the ''Captive Elephant Accident Prevention Act'' last year to make the circuses more humane for animals and safer for spectators. We are not interested in seeing that the circus industry be unduly hindered or encumbered. It is a wonderful industry, it is about performing. Frankly, it is mostly about performing people rather than performing animals. Many circuses do just that with people and no animals.
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My bill is practical and reasonable. It addresses a fundamental wrong in the entertainment industry. When you think about an elephant, a 2-ton beast, ten feet tall, when it rampages, it injures spectators, usually after killing its trainer. There is no stopping them until the animal is dead. This is obviously a symptom of a larger problem.
You will hear from Mr. Doyle who is on the panel today, a police officer who had to stop an 8,000 pound rampaging elephant in Florida, an elephant named Janet and he had to bring it down.
Because of circuses and elephant rides, we have sort of grown accustomed to seeing elephants perform tricks and being ridden as if they were domesticated animals such as horses, but these are not domesticated creatures. Elephants are wild animals, animals for whom all the coaxing in the world will not encourage them to let you ride on their backs or get them to stand on their heads or rear on their hind legs, walk on a balance beam, or any other unnatural stunts they perform in circuses. If these were natural stunts, you would be seeing elephants in the wild doing these things and obviously they don't.
To get a 5 ton, 10 foot tall animal to perform these stressful, often painful stunts at two or three shows per day, the animal's trainers must use fear and torture. In the arsenal, the animal trainer has devices such as a high powered electric prod, ankuses which are bull hooks that are very sharp with a metal hook on the end, martingales which are heavy chains that bind the animals together. You have seen the elephants with chains on their feet.
The point is that to get these giant, willful, wild animals to behave like trained dogs, elephants must be brutalized. It is therefore understandable that when they get a chance to break away, they can kill people. Since 1983, at least 18 people have been killed by captive elephants performing in circuses or in elephants ride exhibits. The number of victims rises to 30 when you also consider zoos, some of which offer elephant rides. Dr. Parrott is here from the Oakland Zoo and can give you a firsthand instance of that.
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In fact, the AZA, the respected Zoo and Aquarium Association discouraged elephants rides to its member institutions and encourages protected contact care of elephants. Dr. Parrott will speak to this.
More than 70 others have been seriously injured including at least 50 members of the general public who were spectators at circuses or other elephant exhibits. In fact, nine States have banned elephant from close contact with the public. This includes giving rides or even photo opportunities because of the danger of rampages.
Mr. Chabot mentioned Tyke, an elephant that rampaged through downtown Honolulu on August 20, 1994. This was Tyke's not first, not second but third rampage. It took 57 rounds and nearly a hour for the Honolulu police to kill that elephant and I have a photo of that right here.
Why do we continue to murder endangered species with semiautomatic weapons in the middle of our major metropolitan areas when we can simply address the problem by removing elephants and these tragedies waiting to happen. I ask the members of this committee to move this important public safety bill forward. Already close to 50 members of the House support this bill as co-sponsors being added on a weekly.
Mr. Ed Whitfield was with me at a press conference this morning. Mr. Young is here with me today. We are showing this is a bipartisan effort. I don't know whether Mr. Young will say it but I also want to thank his wife, Beverly, who has been tireless. She is here this morning and I think she has included the entire Young family in the effort to bring this bill to fruition. I thank you for being here today.
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Thank you, Mr. Chairman. I would be glad to introduce the witnesses if you like.
Mr. CHABOT. Thank you, Mr. Farr. I think what we will do is we will defer to Mr. Young, the distinguished chairman of the Appropriations Committee for his comments and then we will introduce the panel.
Mr. YOUNG. Thank you very much for holding this hearing. I want to thank Mr. McCollum especially, the chairman of the subcommittee.
This subject is obviously going to evoke some controversy but that is not unusual. This subcommittee is used to dealing with controversy. I have known over many, many years of service in the Congress that there are many problems and the best way to solve a problem is to first identify the problem. If you have to guess in your own mind whether or not there is a problem, you are never going to solve it. The hearing today will give the witnesses and opportunity to identify what they consider to be a problem or not a problem.
I realize the controversial aspect of this legislation but I appreciate very much your willingness to hold this hearing. With that, thank you for inviting Mr. Farr and I to sit here at the committee table with you.
Mr. CHABOT. Thank you, Mr. Young.
At this time, we will introduce the panel. I am going to defer to Mr. Farr to introduce the first five panel members who are I believe proponents or in favor of the legislation and I will introduce the other five who are in opposition.
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Mr. Farr?
Mr. FARR. I will introduce them from your left. Ms. Pat Derby is Director and Co-Founder of the Performing Animal Welfare Society located in Galt, California just south of Sacramento. I got to know Ms. Derby when I was a member of the California State Legislature. California has been very active in these issues and she is well respected in California circles for bringing to the attention of lawmakers the need to have humane treatment of animals, particularly in areas where there is a profit being made from these animals.
She is a former animal trainer in the entertainment industry and has a background with training elephants and has been a tireless advocate in the treatment and public safety of these majestic animals.
Next to her is Mr. Blayne Doyle, a police officer from Florida who had to bring down an elephant named Janet. He is going to explain how law enforcement is ill-prepared to deal with a rampaging elephant. In fact, there is no way that you can stop these animals in a short time when they are on a rampage.
Mr. Tom Rider next to him has been an elephant caretaker, he has worked in circuses. He is a native of Illinois. He became aware of the dangers to personnel and spectators by performing animals. He has witnessed the cruel treatment of elephants and he can tell you as an insider what goes on inside the circuses in order to make these animals perform.
Next to Mr. Rider is Dr. Joel Parrott who is with the Oakland Zoo. He is a veterinarian. He has had broad experience in managing wild and captive animals and can tell you his personal experiences where we saw an elephant keeper killed before the public.
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Last is a person who needs no introduction, more famous than all of us here, Mr. Bob Barker who has been a tireless advocate and a good friend of the Young family and has come to Washington on several occasions just to bring his own passion and commitment to the humane treatment of animals and particularly to the elephants.
That is the panel, a broad section of people who are in the entertainment industry, who have had experience with elephants and can give this committee the facts they need to make an intelligent decision to show we have a problem in America that has not been addressed.
Mr. CHABOT. Thank you, Mr. Farr.
I will introduce the other five panel members: Mr. David Rawls is Owner and Manager, Kelly Miller Circus, Hugo, Oklahoma. Three generations of his family have been involved in the circus industry and the Kelly Miller Circus is one of the most respected organizations in the business.
Mr. Rawls has been involved in the circus as both a performer and as a manager. Over his career he has worked closely with elephants and their trainers.
We will then hear from Kari Johnson who, along with her husband, Gary, own Have Trunk Will Travel of Perris, California. Have Trunk Will Travel is in the business of providing elephants for rides, shows, special appearances and television and movie production work.
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Next we have Mr. David Blasko, elephant training supervisor, Six Flags, Marine World, Vallejo, California. Six Flags, Marine World presents educational elephant shows, elephant feeding opportunities and elephant rides to the public and hosts two million guests each year.
Mr. Blasko is in charge of the care and husbandry of four African and four Asian elephants ranging in age from 2-year-old Kala to 60-year-old Taj, the oldest elephant in captivity in North America. He has over 27 years experience working with elephants.
Next we have Debbie Olson, director of Conservation and Science Programs, Indianapolis Zoo. She has 20 years of experience with African elephants and leads the zoo's reproductive research funded in large part through its elephant riding program.
Ms. Wilson also serves as program officer for the International Elephant Foundation, a conservation organization dedicated to applying knowledge gained through captive elephant management to conservation efforts in Africa and Asia.
Finally, we have Dennis Schmitt, associate professor, Agriculture Department, Southwest Missouri State University. Mr. Schmitt teaches advanced assisted reproduction, domestic animal physiology and disease prevention and sanitation.
As a veterinarian, he specializes in elephant medical and reproductive management and he is considered the leading elephant reproductive physiologist in North America. He was instrumental in the first successful conception and birth of an artificially inseminated Asian elephant in November 1999. Dr. Schmitt has extensive experience with zoo and circus elephants.
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We welcome all of you and thank you for your time here this morning. The way we are going to have the witnesses testify is we essentially have five in favor of the legislation and five opposed, so rather than hearing from an entire side and then the other side, we thought we might go back and forth to get a little more flavor for the committee members.
We will go with Mr. Barker, then Mr. Rawls on this side and then Dr. Parrott and Ms. Johnson and we will go back and forth until we have concluded with the panel. Then there will be questions from members of the committee.
We have a 5-minute rule in the committee which means you are supposed to stay with in a 5-minute testimony. You can summarize your remarks or you can read whatever you deem to be appropriate but we ask that you stay within 5 minutes if at all possible so that everyone gets to testify.
We have a light system here which you can't see. When the red light comes on that means you are supposed to stop.
We will start with Mr. Barker and thank you again for being here this morning.
STATEMENT OF BOB BARKER, HOLLYWOOD, CALIFORNIA
Mr. BARKER. I would like to thank the members of the subcommittee on behalf of the thousands of dedicated people across the country who have been working for years to save captive elephants from the horrors of the circus and to protect unsuspecting humans from being injured or even killed by these frustrated, long suffering creatures. Your willingness to consider H.R. 2929 is noted and deeply appreciated by all of us who seek the passage of this very important bill.
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It has been suggested that I present a film today that graphically depicts the danger to human life when elephants that have been subjected to deprivation and cruelty for countless miserable years finally reach the breaking point.
Before we view this impressive film, allow me to point out that even if a circus had the best of intentions, authorities on elephant behavior charge that it is impossible for a circus to provide an acceptable existence for elephants.
According to experts, elephants have three basic needs. One is food. Elephants eat live vegetation. In their natural habitat, elephants graze up to 20 hours a day. A circus keeps an elephant in chains 90 percent of the time. A second basic need for elephants is extensive social relationships. In the wild, they form intricate, life-long relationships. In the circus, families and compatible individual elephants are separated without hesitation or consideration for the psychological effect on the elephants involved. The third basic need for elephants is freedom of movement. In the wild elephants walk 25 to 50 miles a day. In a circus, an elephant is reduced to a life in chains or confined to cramped quarters.
Is it any wonder that these tragic, captive elephants deprived of any semblance of the life intended for them by nature, mercilessly beaten, some of them daily, to force them to perform ridiculous tricks, robbed of every shred of dignity, is it any wonder that these magnificent, highly intelligent creatures finally rebel? And when they do, they pose an alarming threat to human life as you shall see in this film we have brought for you.
[Viewing of film.]
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Mr. BARKER. Gentlemen, as you can see, when a circus featuring captive elephants comes to town, it is a tragedy waiting to happen. For the sake of adults and children whose lives are endangered by circuses exploiting captive elephants, please add your support to H.R. 2929.
[The prepared statement of Mr. Barker follows:]
PREPARED STATEMENT OF BOB BARKER, HOLLYWOOD, CALIFORNIA
I should like to thank the members of this sub-committee on behalf of the thousands of dedicated people across the country who have been working for years to save captive elephants from the horrors of the circus and to protect unsuspecting humans from being injured or even killed by these frustrated long suffering beasts. Your willingness to consider HR 2929 is noted and deeply appreciated by all of us who seek passage of this very important bill.
It has been suggested that I present a film today that graphically depicts the danger to human life when elephants that have been subjected to deprivation and cruelty for countless miserable years finally reach the breaking point. But, before we view this impressive film, allow me to point out that even if a circus had the best of intentions, authorities on elephant behavior charge that it is impossible for a circus to provide an acceptable existence for elephants.
According to experts, elephants have three basic needs. One is food. Elephants eat live vegetation. In their natural habitat elephants graze up to 20 hours a day. A circus keeps an elephant in chains 90% of the time.
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A second basic need for elephants is extensive social relationships. In the wild they form intricate lifelong relationships. In a circus families and compatible individual elephants are separated without hesitation or consideration for the psychological effect on the elephants involved.
And a third basic need for elephants is freedom of movement. In the wild elephants walk 25 to 50 miles a day. In a circus an elephant is reduced to a life in chains or confined to cramped quarters.
Is it any wonder that these tragic captive elephants . . . deprived of any semblance of the life intended for them by nature . . . mercilessly beaten, some of them daily, to force them to perform ridiculous tricks . . . robbed of every shred of dignity . . . Is it any wonder that these magnificent highly intelligent creatures finally rebel?
And when they do, they pose an alarming threat to human life . . . as you shall see in this film.
As you have just seen . . . when a circus, featuring captive elephants, comes to town it is a tragedy waiting to happen.
For the sake of adults and children whose lives are endangered by circuses exploiting captive elephants, please add your support to HR 2929.
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Mr. CHABOT. Thank you very much, Mr. Barker.
We will now go to Mr. David Rawls.
STATEMENT OF DAVID RAWLS, PRESIDENT, KELLY MILLER CIRCUS
Mr. RAWLS. Good morning, Mr. Chairman, members of the subcommittee.
My name is David Rawls and I am the owner of the Kelly Miller Circus. I am a member of the Outdoor Amusement Business Association and the Elephant Managers Association.
We appreciate the opportunity to appear here today and appreciate the members who have taken their time from their schedules to hear us. We know that the more accurate information Congress and the American people have about this issue the more they will see this bill is nothing more than special interest legislation designed to promote the philosophy of a special interest group that is out of step with the views of the average American.
No matter how many well intentioned, though uninformed celebrities are brought out; no matter how many statistics are inflated; our testimony will clearly demonstrate that there is no justification for this legislation.
I speak to you from years of personal experience. My family represents four generations of Americans in the circus. For the past 17 years my family and I have toured all across this country presenting elephant acts and giving rides with our circus. I am here representing the members of the OABA, the Outdoor Amusement Business Association, who are involved with the business of presenting elephant acts and rides in circuses and private exhibits.
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We take our responsibilities very seriously and would quickly point out that the overwhelming majority of us have quietly, safely and with both great concern for public safety and the welfare of our animals, successfully pursued this profession while complying with comprehensive regulations.
This bill is a solution in search of a problem. We stand before this committee prepared to affirm that the circus with elephants is a safe, wonderful and educational form of family entertainment. In looking at the existing records, not one circus patron has ever been killed by a circus elephant in the United States.
In 1999, over 20 million people attended circuses with animals without incident. None of the 30 deaths on the list that is being circulated involves a circus patron. In fact, they could only find five incidents involving circus elephants going back almost 20 years. More than 10 million people have ridden elephants at circuses in this country in the past 10 years without a serious injury or death.
Additionally, the companies that insure the bulk of the circus elephants have provided written documentation that circus elephants are not a liability risk. Americans love the circus and they want to be able to see and enjoy these magnificent animals that have been part of the circus tradition of family entertainment for the past 200 years. Surveys conducted by the industry and independent parties indicate that animals, specifically elephants, are the number one attraction for the circus-going public.
This misguided legislation is not an outcry from the 200 million people that have been attended circuses in the last 10 years or the general public. Those backing this bill claim Federal legislation is needed when in fact Congress has already taken strong and effective steps to address animal welfare issues. Circus animals are regulated on Federal, State and local levels.
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As a matter of fact, my circus just recently played here in Maryland at Carroll County Westminster. In order to obtain a permit to show at that venue, we had to first be inspected by the Carroll County Humane Society and the Animal Control Office.
Circus animal trainers have unprecedented expertise and have been working with exotic animals for over 200 years in America. As a matter of fact, circuses introduced elephants to North America. We have known, loved and cared for these magnificent animals for over two centuries. Our elephant owners and trainers have devoted their lives to these animals which requires 24 hours a day, 7 days a week, 365 days a year, including holidays and weekends.
These animals are part of our families. The circus industry is made up of small family businesses so this bill would effectively put them out of business. What would become of the elephants? Equally important, what about those who have owned and cared for the animals? It would be the equivalent of having your beloved pet taken out of your home.
Attesting to the excellent care of the elephants in the industry, studies by noted animal behavioral specialists indicate that circus animals live longer, less stressful, more stimulating lives. To quote National Geographic, ''Animals that have no interaction with man are much more likely to become extinct.''
I know you will carefully weigh the facts, filter out the hype and come to the conclusion that elephants belong in the circus for millions of Americans to enjoy.
Thank you for your time.
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[The prepared statement of Mr. Rawls follows:]
PREPARED STATEMENT OF DAVID RAWLS, PRESIDENT, KELLY MILLER CIRCUS
Good morning Mr. Chairman, members of the subcommittee,
My name is David Rawls and I am the owner of the Kelly Miller circus. I am a member of the Outdoor Amusement Business Association, and the Elephant Managers Association.
We appreciate the opportunity to appear here today and appreciate the members who have taken time from their schedules to hear us. We know the more accurate information Congress and the American people have about this issue the more they will see that this bill as nothing more than special interest legislation . . . designed to promote the philosophy of a special interest group that is out of step with the views of the average American.
No matter how many well-intentioned, yet uninformed celebrities are trotted out . . . no matter how statistics are manipulated and inflated . . . our testimony will clearly demonstrate that there is no justification for this legislation.
I speak to your from years of personal experience. My family represents four generations in American circus. For the past seventeen years my family and I have toured all across this country presenting elephant acts and giving rides with our circus.
I am here representing the members of the OABA (Outdoor Amusement Business Association) a 35-year-old trade association for the amusement industry with over 4,000 members based in Orlando, FL. Many of our members are involved in the business of presenting elephant acts and rides in circuses and private exhibits.
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We take our responsibilities very seriously and would quickly point out that the overwhelming majority of us have quietly, safely and with both great concern for public safety and the welfare of our animals, successfully pursued this profession while complying with comprehensive regulations.
This bill is a solution in search of a problem. We stand before this committee prepared to affirm that the circus with elephants is a safe, wonderful and educational form of family entertainment.
In looking at the existing records, not one circus patron has ever been killed by a circus elephant in the United States. In 1999 over 30 million people attended circuses with animals without incident. None of the 30 deaths on the list that has been circulated involves a circus patron, and, in fact, they could only find 5 incidents involving circus elephants going back almost twenty years. More than 10 million people have ridden elephants at circuses in this country in the past ten years without a serious injury or death. Additionally, the companies that insure the bulk of the circus elephants have provided written documentation that circus elephants are not a liability-ridden risk.
Americans love the circus and they want to be able to see and enjoy these magnificent animals that have been part of the circus tradition of family entertainment for the past 200 years.
Surveys conducted by the industry and independent parties indicate that animals, specifically elephants are the number one attraction for the circus going public. This misguided legislation is not an outcry from the 300 million people that have attended circuses in the last 10 years, or the general public.
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Those backing this bill claim federal legislation is needed when in fact Congress has already taken strong and effective steps to address animal welfare issues. Circus animals are regulated on the federal, state and local level.
As a matter of fact, my circus just recently played right here in Maryland at Carroll Co. In order to obtain a permit to show we had to first be inspected by Carroll Co. Animal Control. This in addition to the federal and state inspections.
Circus animal trainers have unprecedented expertise and have been working with exotic animals for over 200 years in America. As a matter of fact, circuses introduced elephants to North America. We have known, loved and cared for these magnificent animals for over two centuries. Our elephant owners and trainers have devoted their lives to these animals which require 24 hour, 7 day a week, 365 day a year care including holidays and weekends. These animals are part of our families. The circus industry is made up of small family businesses that this bill would effectively put out of business. What would become of the elephants? Equally important, what about those who have owned and cared for the animals? It would be the equivalent of having your beloved pet being taken out of your home.
Attesting to the excellent care of the elephants in the industry, studies by noted animal behavioral specialists indicate that circus animals liver longer, less stressful, stimulating lives
I know that you will carefully weigh the facts, filter out the hype and come to the conclusion that elephants belong in the circus for millions of Americans to enjoy.
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To quote National Geographic, ''animals that have no interaction with man are more likely to become extinct''.
Thank you for your time.
Mr. CHABOT. Thank you, Mr. Rawls.
At this point, the bells we just heard mean that we have been called to the floor for two votes, so we are looking at a 20 to 30 minute recess before we come back. So rather than disrupt the next witness' testimony, we will recess now and be back in 20 to 30 minutes approximately. We are in recess at this time.
[Recess.]
Mr. CHABOT. The subcommittee will come to order.
We will now hear from Dr. Parrott.
PREPARED STATEMENT OF JOEL PARROTT, DVM DIRECTOR, THE OAKLAND ZOO
Mr. PARROTT. Good morning.
My name is Joel Parrott. I am the executive director of the Oakland Zoo in Oakland, California. I am also a veterinarian at the zoo. I have been in the field for 20 years working with many different species, including elephants. I am responsible for both the veterinary care and management of the elephants in Oakland. I am here to tell you my own experiences and perspectives on the safety of elephants.
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The Oakland Zoo has four African elephants. Over the years prior to 1991, we had several incidents in which elephants ran away from handlers during public display and other incidents in which keepers and trainers were threatened, charged or knocked down by an elephant. In July 1990, an elephant keeper with 7 years of experience was attacked by a female African elephant, pinning her hand against the wall with his tusks. The result was the loss of two fingers from the keeper's hand.
In January 1991, a senior elephant handler with 15 years experience was attacked by a bull elephant while on exhibit, killing the handler in full view of the visiting public on a Saturday afternoon. This fully brought me into examining the methods of elephant management and handling in this country.
As word spread about the handler's death and I reviewed elephant management programs in the U.S., more and more information came to me regarding similar incidents which have occurred throughout the country. No one really knows how many injuries or near misses occur each year because no agency compiles information or investigates except in the case of a death of a handler. No one can tell you how safe elephant handling is. The incidents of handler deaths averages one per year. Considering there are only 700 elephant handlers in the profession, one death per year means that it is considered the most dangerous profession in the country.
Handler deaths will continue as long as people go in with elephants. When an elephant attacks, the difference between a close call or minor injury and death is pure luck. Broken ribs versus a crushed chest is a matter of inches. To understand the danger of being near elephants, you must understand some of the natural history of elephants. The danger associated with elephants is not that they are mean, nor are they predators. The danger lies in the fact that elephants are highly intelligent and they are essentially fearless. They are so fearless that they are the dominant animal in their ecology. They are large and they know it and even lions do not challenge elephants. A male may weigh 16,000 pounds and a female 8,000 pounds. Compare this to a human who may weigh 200 pounds. The elephant certainly recognizes the difference.
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It is important to realize that the elephant in the circus is the same elephant that is in the wild. It is not a domestic animal. A domestic animal is an animal that has been bred and hybridized from its wild cousin such as the wolf, the dog or the wild goat to the domestic goat. The elephant in the circus is not a hybrid and it is not domestic. The elephant in the circus is a wild animal.
What keeps the animal under control in an elephant show lies in the elephant's past, in its training. Unfortunately the training can be severe using techniques that include prolonged hitting by the elephant trainer with clubs, stabbing with the point of the ankus, electric prods, prolonged chaining and food deprivation. This is the background of the elephant in the shows and training is all that is keeping the public safe from a captive, wild animal.
What happens when an elephant goes on a rampage? An elephant on a rampage is simply a very angry animal. At some point the animal has had enough and the elephant reverts back to its natural instinct and is out of control of the handler. Under these circumstances, tranquilizers are useless. The elephant would need to be shot to ensure the public's safety.
The decision to continue to allow the public to be at risk in the proximity of circus elephants is a political decision. India prohibits elephants from performing in circuses in that country. The AZA, the Zoo Professional Organization, has recommended that member zoos should not provide elephant rides to the visiting public due to safety concerns.
The close proximity of the general public in circuses is at the heart of this issue. Indian elephant handlers are killed periodically in India but it is accepted by their society. The question is, how much risk to handlers and to the general public is acceptable in this country?
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Based on previous history, as long as people are allowed to be in close proximity with elephants, people will continue to be hurt and killed.
Thank you.
[The prepared statement of Dr. Parrott follows:]
PREPARED STATEMENT OF JOEL PARROTT, DVM DIRECTOR, THE OAKLAND ZOO
SUMMARY
The Oakland Zoo has four African elephants. Over the years prior to 1991, we had several incidents in which elephants ran away from the handlers during public display, and other incidents in which keepers and trainers were threatened, charged or knocked down by an elephant. In July, 1990, an elephant keeper with seven years of experience was attacked by a female African elephant, resulting in the loss of two fingers from the keeper's hand. In January, 1991, a senior elephant handler with 15 years experience was attacked by our bull elephant while on exhibit, killing the handler in full view of the visiting public on a Saturday afternoon.
No one really knows how many injuries and near-misses occur each year, because no agency compiles the information or investigates, except in the case of a death of a handler. Therefore, no one can tell you how safe or how dangerous elephant handling is. The incidence of handler deaths averages one person each year. Considering there are only 700–900 elephant handlers in the profession, one death per year means that it is considered the most dangerous profession in the country. When an elephant attacks, the difference between a minor injury and death is pure luck. The danger associated with elephants is that elephants are highly intelligent and they are fearless. A male may weigh 16,000 lbs. and a female 8,000 lbs. Compare this to a handler who may weigh 200 lbs. The elephant recognizes the difference.
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The elephant in the circus is the same elephant that is in the wild. It is not a domestic animal. The elephant in the circus is a wild animal. What keeps this wild elephant under control in a show is not the handler with an ankus or bull hook in his hand. What keeps the animal under control in an elephant show lies in the elephant's past: in its training. The training can be severe, using techniques that include prolonged hitting by the elephant trainer with clubs, stabbing with the point of the ankus, electricity, electric prods, prolonged chaining, and food deprivation. This is all that is keeping the general public safe from a wild animal.
An elephant on a rampage is simply a very angry animal. You cannot predict exactly when an elephant will explode. Tranquilizers are useless. The elephant would need to be shot to insure the public's safety. India prohibits elephants from performing in circuses in that country. As long as people are allowed to be in close proximity with elephants, people will continue to be hurt and killed.
STATEMENT
My name is Joel Parrott. I am the Executive Director of the Oakland Zoo in Oakland, California. I am also a veterinarian at the Zoo. I have been in the field for twenty years working with many different species, including elephants. I am responsible for both the veterinary care and management of the elephants in Oakland. I have been to Africa five times and India once to observe elephants. The Oakland Zoo has hosted numerous lectures and programs on elephants throughout the years. I am here to tell you of my own experiences and perspectives on the safety of elephants.
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The Oakland Zoo has four African elephants. Through 1991, we managed our elephants with a program called ''free contact,'' where the handlers go into the same space as the elephants. This is typical of many zoos, and is necessary in circus shows and elephant rides. Over the years prior to 1991, we had several incidents in which elephants ran away from the handlers during public display, and other incidents in which keepers and trainers were threatened, charged or knocked down by an elephant. Throughout this period, I was assured by our elephant managers that these were isolated incidents, each of which had an explanation, and that the elephant management program was sound. This all changed in the summer of 1990.
In July, 1990, an elephant keeper with seven years of experience was attacked by a female African elephant, pinning her hand against the wall with its tusk. The result was the loss of two fingers from the keeper's hand. I instructed the staff to discipline the elephant, so that this would never occur again, and to bring in additional professional assistance to facilitate the retraining. The professional, a highly respected elephant trainer in the profession, refused, stating the he ''didn't want to get hurt.'' The female elephant was never disciplined.
In January, 1991, a senior elephant handler with 15 years experience was attacked by our bull elephant while on exhibit, killing the handler in full view of the visiting public on a Saturday afternoon. This fully brought me into examining the methods of elephant management and handling. Because it was my complete responsibility and my decision to not destroy the bull elephant, it was necessary to develop a management program that would insure that no one would ever be killed or hurt again at the Oakland Zoo.
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As word spread about the handler's death, and I reviewed elephant management programs in the U.S., more and more information came to me regarding similar incidents which have occurred throughout the country. Suddenly, I became aware of the elephant attacks and handler injuries, information about which had not been generally distributed amongst the zoo profession. No one really knows how many injuries and near-misses occur each year, because no agency compiles the information or investigates, except in the case of a death of a handler. Therefore, no one can tell you how safe or how dangerous elephant handling is. The incidence of handler deaths averages one person each year. Considering there are only 700–900 elephant handlers in the profession, one death per year means that it is considered the most dangerous profession in the country. The most recent handler death occurred in this country in January of this year. Handler deaths will continue as long as people go in with the elephants. Additionally, there is a general disincentive amongst elephant handlers to report incidents, close calls, and near misses, because if the word of a minor incident leaves the elephant barn, there exists the possibility that a conclusion could be drawn that the risk is too great, and the program will be discontinued. Thus, all incidents aren't reported, no central organization compiles the statistics of minor incidents or injuries, and therefore no one can tell you that it is safe. When an elephant attacks, the difference between a close call or minor injury and death is pure luck. Broken ribs versus a crushed chest is a matter of inches.
To understand the danger of being near elephants, you must understand some of the natural history of elephants. The danger associated with elephants is not that they are mean, nor are they predators. The danger lies in the fact that elephants are highly intelligent and they are fearless. They are so fearless, they are the dominant animal in their ecology, whether they are African elephants on the plains or Asian elephants in the forest. They are large and they know it. Even lions do not challenge elephants. Adult male elephants live a solitary life, yet still predators stay away. A male may weigh 16,000 lbs. and a female 8,000 lbs. Compare this to a handler who may weigh 200 lbs. The elephant recognizes the difference.
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The zoo profession is currently in a trend of changing to a much safer form of managing elephants called ''protected contact.'' Protected contact has been proven effective to manage and care for elephants through safety barriers, without going directly in with the elephants and risking the handler's safety. This allows for the safe handling of high risk elephants. Circuses by their nature do not have this option available because it requires special facilities.
It is important to realize that the elephant in the circus is the same elephant that is in the wild. It is not a domestic animal. A domestic animal is an animal that has been bred and hybridized from its wild cousin, such as the wolf to the dog or the wild goat to the domestic goat. The elephant in the circus is not a hybrid, and it is not domestic. Even in India, the term ''domestic'' has been replaced with the description ''captive elephant.'' The elephant in the circus is a wild animal.
What keeps this wild elephant under control in a show is not the handler with an ankus or bull hook in his hand (an ankus is a wooden handle with a sharpened metal hook and point, used to cue, hook, and stab the elephant in sensitive areas). An excited elephant can easily tear the bull hook from a person's hand. What keeps the animal under control in an elephant show lies in the elephant's past: in its training. A poorly trained elephant retains some independence and can be a very dangerous animal. Unfortunately, the training can be severe, using techniques that include prolonged hitting by the elephant trainer with clubs, stabbing with the point of the ankus, pitchforks, electricity, electric prods, prolonged chaining, and food deprivation. The elephant is an intelligent animal. It learns from this that it is better to cooperate and perform than to act like the 650,000 wild elephants in Africa. This is the background of the elephant in the shows, and this is all that is keeping the general public safe from a wild animal.
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What happens when an elephant goes on a ''rampage?'' It is not an elephant that has suddenly ''snapped'' or ''gone mad.'' It is not an elephant that is insane. It was not stung by a bee nor frightened by a small animal. An elephant on a rampage is simply a very angry animal. It may be the stress of travel or the animal tiring of the constant harassment by the trainer. At some point, the animal has had enough, hormones related to ''fight or flight'' surge through the system, and the elephant reverts back to its natural instinct and is out of control of the handler. The ankus is useless. It is important to realize that you cannot predict exactly when an elephant will explode.
Under these circumstances, tranquilizers are useless. The two drugs available to anesthetize an elephant are carfentanil and etorphine, both narcotics and roughly 10,000 times the potency of morphine. A trace amount in humans is lethal. If either drug were readily available and immediately injected, it would still take at least 8–12 minutes to take effect. In reality, administering an anesthetic would take much longer: to load a tranquilizer dart, get the dosage correct (which is altered in an excited animal), fire the dart, and hope it does not miss nor fail to discharge. All of this would be occurring while the elephant is in a state of rage.
In this situation, the elephant would need to be shot to insure the public's safety. That requires a special weapon. At the Oakland Zoo, we keep a 457 magnum rifle specifically for an elephant escape, should one ever present a danger to the visiting public. This is the same weapon used to cull elephants in South Africa. Local police departments generally do not carry this size of weapon, which results in a need for the police to repeatedly fire smaller caliber weapons in the hope of finally stopping an elephant. The experience is brutal. The window of danger for someone being seriously injured is significant until the animal is subdued.
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Further complicating this entire picture is the quality of staff of the future and consideration of what will happen with the next generation of elephants. The elephant profession is experiencing a change-over from a highly effective but heavy-handed old guard of elephant trainers to younger, more transitory handlers who are less willing to apply the painful techniques that create dominance over the elephant. Without this dominance, the elephant is much more bold and dangerous. The same problem is reported in India. The sons of mahouts (trainers) in that country are not following in their fathers' footsteps. The lifelong commitment to be a mahout is in decline. The elephant handlers are less willing to work for more than a few years in the field and are less passionate and committed to the animals. In the U.S., the turnover of staff in the elephant profession is significant. It is important to realize that for elephants to be considered safe requires three conditions: a well-trained elephant; a highly effective handler; and mutual respect between the elephant and the handler. If the handler is very competent but new, and not yet respected as dominant by the elephant, people in proximity to that elephant can be seriously at risk. Staff turnover in the elephant profession can be extremely hazardous.
The next generation of elephants poses a special problem. Will they be subjected to the same severe training methods of the past? If not, the risk to the general public will be greater.
The decision to continue to allow the public to be at risk in the proximity of circus elephants is a political decision. India prohibits elephants from performing in circuses in that country. The AZA (Association of Zoos and Aquariums) has recommended that member zoos should not provide elephant rides to the visiting public, due to safety concerns for the general public. The close proximity of the general public in circuses is at the heart of this issue. Indian elephant handlers (mahouts) are killed periodically in India, but it is accepted by their society. The question is, ''how much risk to handlers and to the general public is acceptable in this country?'' As long as people are allowed to be in close proximity with elephants, people will continue to be hurt and killed.
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Mr. CHABOT. Thank you, Dr. Parrott.
Ms. Johnson?
STATEMENT OF KARI JOHNSON, HAVE TRUNK WILL TRAVEL
Ms. JOHNSON. Good morning, Chairman Chabot, and members of the subcommittee. Thank you for the opportunity to speak today.
My name is Kari Johnson. My husband, Gary, and I have a company in southern California called Have Trunk Will Travel. Our ranch is home to eight Asian elephants, an endangered species as you well know. We have both cared for elephants exclusively since our early teens. We live and work with elephants every day. It is all we have ever done and is all we have ever wanted to do.
As members of the Elephant Managers Association, the International Elephant Foundation, the Species Survival Plan, the American Zoo and Aquarium Association, and the International Species Information System, we work toward the conservation of elephants. We are especially proud to have been accredited as commercial members of the American Zoo and Aquarium Association. Not many private facilities have accomplished this.
Our breeding program, in conjunction with the Species Survival Plan, has produced two baby elephants. The research we participate in, including diagnostic procedures, better ways to administer medications and determining therapeutic dosage levels for medicines, among the many other ongoing projects, helps to make elephants healthier here and in the wild. These very important programs are funded solely by revenue earned through the partnership of elephant and man working together to protect and perpetuate this endangered species.
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People get the chance to see our elephants at zoos and fairs where we give rides and do educational demonstrations, performing in parades, special events, in circus acts, lots of commercials, TV shows, a lot of movies—your kids might have made you watch Operation Dumbo, Larger Than Life, George of the Jungle, the Jungle Book. We are very proud of the work that we do.
The revenue we earn provides for the elephants' care, maintains the ranch where we live with them and supports our very dedicated staff. It pays the taxes, permit fees and most importantly, it pays for the conservation programs I spoke of. We do not get government grants or funding. We do not take donations. We do honest, important work to earn the money we use for the benefit of elephants and the economy. Our elephants are ambassadors for their species and an asset to society, ours as well as theirs.
As elephant owners and trainers, we are regulated by the United Stats Department of the Interior, the United States Department of Agriculture, the California Department of Fish and Game and the local cities and counties where we live and perform. We hold permits and are inspected both at the ranch and at these various locations.
The American Humane Association has representatives on commercial and film sets to monitor our animals' treatment, training and care during preparation and filming. We are not opposed to these inspections and regulations. In fact, we welcome them. We firmly believe that elephants and other exotic animals should be given the best care and treatment and we already have laws in place to ensure this.
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It is not fair to condemn an entire industry for the problems causes by a very few. We lose too much. Elephant rides are safe. We have proven that ourselves by giving thousands and thousands of children and adults this very unique experience without any kind of incident for over 20 years.
Performing elephants are given the quality treatment they deserve and we have proven that by giving our elephants the best quality care whether they are at home at our ranch, on a circus lot or on a movie set. Here in America, we have a right to care for, train and work with our elephants as long as we are in compliance with the bodies that govern us. Along with this right comes a responsibility, a responsibility to follow the rules and provide for the elephants in our care. We do more than that. We exceed these rules.
Taking away the ability to earn a living within our chosen profession is unjust and unfair. Let us enforce and improve the laws and regulations that are already in place. Banning elephant rides and their transport is not the answer. Taking away the chance for our children and grandchildren to touch, to ride and to experience elephants is not fair to them. Our children learn and learn to care through these personal experiences they encounter. The elephant they meet in person will give them a basis for caring about elephants and the elephants' future. I know this is true. Our elephants get fan mail from these kids.
This bill will not ultimately help elephants. In fact, it will hurt them. Our business will cease to exist and along with it, our breeding and research programs. We care about elephants and we are willing and able to work with them and for them. Passing this bill would deny us that opportunity.
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Please, please do not legislate elephants out of the lives of the people who love them.
I appreciate the opportunity to speak today. This issue is very important to me. The passage of this bill would pose a threat to my business, my elephants and a way of life that I love.
Thank you.
[The prepared statement of Ms. Johnson follows:]
PREPARED STATEMENT OF KARI JOHNSON, HAVE TRUNK WILL TRAVEL
Good morning Mr. Chairman and members of the subcommittee. Thank you for the opportunity to speak today.
My name is Kari Johnson. My husband, Gary, and I have a company in southern California called Have Trunk Will Travel. Our ranch is home to 8 Asian elephants, an endangered species as you well know. We've both cared for elephants exclusively since our early teens. We live and work with elephants every day. It's all we've ever done and all we ever wanted to do.
As members of the Elephant Managers Association, International Elephant Foundation, Species Survival Plan, American Zoo and Aquarium Association, and the International Species Information System, we work toward the conservation of elephants. We are especially proud to have been accredited as commercial members of the American Zoo and Aquarium Association. Not many private facilities have accomplished this. Our breeding program, in conjunction with the Species Survival Plan, has produced two baby elephants. The research we participate in including diagnostic procedures, better ways to administer medications and determining therapeutic dosage levels for medicines among many other ongoing projects help to make elephants healthier here and in the wild.
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These very important programs are funded solely by revenue earned through the partnership of elephant and man working together to protect and perpetuate this endangered species.
People get the chance to see our elephants at zoos and fairs giving rides and doing educational demonstrations, performing in parades and special events, in circus acts and in many commercials, T.V. shows and movies, like ''Operation Dumbo Drop'', ''Larger Than Life'' and ''The Jungle Book''. We're very proud of the work we do.
The revenue we earn provides for the elephants' care, maintains the ranch where we live with them and supports our dedicated staff. It pays the taxes, permit fees and most importantly it pays for the conservation programs I spoke of. We do not get government grants or funding. We do not take donations. We do honest, important work to earn the money we use for the benefit of elephants and the economy. Our elephants are ambassadors for their species and an asset to society, ours as well as theirs.
As elephant owners and trainers we are regulated by the United States Department of the Interior, United States Department of Agriculture, California State Fish & Game, and local cities and counties where we live and perform. We hold permits and are inspected both at the ranch and at the various locations. The American Humane Association has representatives on commercial and film sets to monitor the animals' treatment, training and care during preparation and filming.
We are not opposed to inspections and regulations. In fact, we welcome them. We firmly believe that elephants and other exotic animals should be given the best care and treatment. We already have laws in place to insure that this happens.
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It is not fair to condemn an entire industry for problems caused by a very few. We lose too much. Elephant rides are safe. We've proven that ourselves by giving thousands and thousands of children and adults this unique experience without incident for over twenty years. Performing elephants are given the quality care and treatment they deserve. We've also proven that, by giving our elephants the best quality of care whether they are at home, on a circus lot or a movie set.
Here, in America we have a right to care for, train and work with our elephants as long as we are in compliance with the bodies that govern us. Along with this right comes responsibility—a responsibility to follow the rules and provide for the elephants in our care. We do more than that. We exceed the rules. Taking away the ability to earn a living within our chosen profession is unjust and unfair.
Let us enforce and improve the laws and regulations already in place. Banning elephant rides and their transport is not necessary.
Taking away the chance for our children and grandchildren to touch, to ride and to experience elephants is not fair to them. Our children learn and learn to care through the personal experiences they encounter. The elephant they meet in person will give them a basis for caring about elephants and the elephants' future. Our elephants get fan mail from these kids.
This bill will not ultimately help elephants. In fact it will hurt them. Our business will cease to exist and along with it our breeding and research programs. We care about elephants and are willing and able to work with them and for them. Passing this bill would deny us this opportunity.
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Please do not legislate elephants out of the lives of the people who love them.
I appreciate the opportunity to speak today. This issue is very important to me. The passage of H.R. 2929 poses a threat to my business, my elephants and a way of life that I love.
Mr. CHABOT. Thank you, Ms. Johnson.
Our next witness will be Mr. Rider.
STATEMENT OF TOM RIDER, FORMERLY OF RINGLING BROTHERS AND BARNUM & BAILEY CIRCUS
Mr. RIDER. Good morning, Mr. Chairman and members of the committee.
I am Tom Rider, a former circus employee. I worked for the Clyde Beatty Cole Brothers Circus in 1997 as an elephant keeper and I loaded children for elephant rides. The elephant we used, named Petunia or nicknamed Pete, was considered to be a dangerous animal and we were cautioned not to go near her. Despite this, she was used for rides before the show and during the intermission carrying as many as ten children at a time on her back. She was surrounded by people waiting to ride. The only barrier between her and the public was a plastic net fence.
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Typically during elephant rides, the handler walks in front of the elephant as she carries riders on the back. If the elephant decides to wander off, it would take at least a few minutes for her handler to regain control. Since the elephant is surrounded by people literally there would be no way to prevent serious injury if she decided to take off like the elephant in Florida. It never ceases to amaze me that the circus would tell people to put children on the backs of their elephants when they knew how dangerous the elephant was.
I left Clyde Beatty Cole Brothers in White Plains, New York. When Pete did not perform her act properly, she was taken down to the tent, laid down and five trainers beat her with a bull hook. Pete is now dead.
After I left Beatty Cole, I went to work for Ringling Brothers Circus in Austin, Texas. I was hired as a barnman's assistant and 2 months later, I became the afternoon barnman. In that capacity, I was present during the majority of the performances.
During my 2 1/2 years of employment with the circus, I was slammed between two elephants while I was working in the stockcars. Even though the elephants were chained, they are capable of doing incredible damage and most of the staff had similar incidents. It was very common to be stepped on, hit by a tail or injured in other ways just because of the sheer size and power of the elephant. My experience has left me with considerable respect for the damage the elephants can do even unintentionally.
We had an elephant named Karen who we nicknamed Killer, yet she was kept on the road performing because she was a good performing elephant. Although she was the most dangerous elephant in the group, she is the one they used in the three ring adventure where the public is allowed to stand around the elephant with no safety net or other protection around her. Karen has a habit of knocking anyone who comes into range, slamming them into the ground and yet she is allowed to have contact with the audience.
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While I was working for Ringling Brothers, I heard stories all the time about dangerous elephants and how they could kill you if you got too close. One of the top trainers for the circus had been killed by one of his elephants and a lot of handlers were hit while they were working. The gentleman I am referring to is Axel Gautier. I was injured in my eye when an elephant slammed me with her tail and I was slammed a few times while working around them.
After my 3 years working with elephants in the circus, I can tell you that they live in confinement and they are beaten all the time when they do not perform properly. This makes them dangerous and they want to get away. My first experience with an elephant running was in Tupelo, Mississippi when we were on an elephant walk returning to the train. A cattle truck had stopped to let us pass when Karen, who was in front, was startled by the cattle and she, Minnie and Mysoxe took off running straight down the road. Lucky it was at night and there were some police cars in their path which stopped them and the trainer was able to catch them. If this had occurred during the day with a lot of public around, it would have caused a lot of injuries to innocent people.
Another time in Ottawa, Canada last summer in the afternoon I was alone with the elephants when they were confined behind their electric fence. I was approximately 75 yards away cleaning when I heard an elephant scream. When I turned around, I saw three elephants fighting and two others were headed for the horse tent, having broken through the fence.
Since I was alone, I was unable to control the situation. It took about 5 minutes before I could get help and another 5 minutes before we could regain control. During this time, if the elephants had run in a different direction and not moved toward the horses, they would have been right in the middle of the public.
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My experience with the circus has convinced me that because of the way they live and are trained, elephants are extremely dangerous and should not be around the public. I know firsthand that circuses keep the danger and the public exposure well hidden. We are cautioned never to let the public know if anything goes wrong. We could have lost our jobs had we reported it to the USDA or other incidents that put the public at risk.
When I became disturbed about the treatment of the elephants, the continual beating including Baby Benjamin, I was told that is discipline. On other occasions, I was confronted by my supervisor that I was overheard on the train saying I was going to report the beatings of Baby Benjamin to the USDA. It was common knowledge that I was the one who complained about the treatment of the elephants.
Whenever the USDA inspector inspected the circus, I always knew in advance that they were coming. We were always told to clean up, don't hit the elephants when they come around. I know for a fact that any attempt by the USDA to regulate the circus or to enforce the laws is a joke. I was present at many inspections when the inspectors never saw the marks on the elephants from the bull hooks and the beatings, obviously they would not have been able to regulate the situation that they see only two or three times a year.
In closing, I would like to quote from the Ringling Brothers and Barnum & Bailey Animal Care Manual which was distributed to those of us on the animal crew. ''Remember that exotic animals can be trained but not tamed and they can be dangerous to people and to each other.''
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Thank you very much for your time.
[The prepared statement of Mr. Rider follows:]
PREPARED STATEMENT OF TOM RIDER, FORMERLY OF RINGLING BROTHERS AND BARNUM & BAILEY CIRCUS
Good morning Mr. Chairman and members of the committee. I am Tom Rider, a former circus employee. I worked with Clyde Beatty Cole Brothers Circus in 1997 as an elephant keeper and I loaded the children for the elephant ride. The elephant which we used, Pete or Petunia, was considered to be a dangerous animal and we were cautioned not to go near her. Despite this, she was used for rides before the show and during intermission carrying as many as ten children at a time on her back. She was surrounded by people waiting to ride. The only barrier between her and the public was a plastic net fence.
Typically during elephant rides, the handler walks in front of the elephant as she carries the riders on her back. If the elephant decides to wander off, it would take at least a few minutes for any handler to regain control. Since the elephant is surrounded by people, literally, there would be no way to prevent serious injuries if she decided to take off like the elephant in Florida. It never ceased to amaze me that the circus would tell people to put their children on an elephant's back when they knew how dangerous the elephant was.
I left Beatty Cole because in White Plains New York, when Pete did not perform her act properly, she was taken to the tent, laid down and five trainers beat her with bullhooks. Pete is now dead.
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After I left Beatty Cole, I went to work for Ringling Brothers Circus in Austin, Texas. I was hired as a barn man's assistant and two months later, I became the afternoon barn man. In that capacity, I was present during the majority of the performances.
During my two and a half year's employment with the circus, I was slammed between two elephants while I was working in the stock cars. Even though the elephants were chained, they are capable of doing incredible damage and most of the staff had similar incidents. It was very common to be stepped on, hit by the tail or injured in other ways just because of the sheer size and power of the elephant. My experiences have left me with a considerable respect for the damage that elephants can do even unintentionally.
We had an elephant named Karen who was labeled ''killer'' yet she was kept on the road performing because she was a good performing elephant. Although she was the most dangerous elephant in the group, she is the one they used in the three-ring adventure where the public is allowed to stand around the elephant with no safety net or other protection around her. Karen had a habit of knocking anyone who came into range, slamming them into the ground, yet they allowed her to have contact with the audience.
While I worked for Ringling Brothers, I heard stories all the time about dangerous elephants and how they could kill you if you got too close. One of the top trainers for the circus had been killed by one of his elephants and a lot of the handlers were hit while they were working around them. I was injured in the eye when an elephant slammed me with her tail and I have been slammed a few times while working around them.
After my three years working with elephants in the circus, I can tell you that they live in confinement and they are beaten all the time when they don't perform properly. That makes them dangerous and they want to get away.
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My first experience with an elephant running was in Tupelo, Mississippi when we were on the elephant walk returning to the train and a cattle truck stopped to let us pass. Karen, who was in the front, was startled by the cattle and she, Minnie and Mysore took off running straight down the road. Luckily, it was at night and there were some police cars in their path which stopped them and the trainer was able to catch them. If this had occurred during the day, with a lot of public around, it would have caused a lot of injury to innocent people.
Another time, in Ottawa, Canada, in the afternoon, I was alone and the elephants were contained behind their electric fence. I was approximately 75 yards away cleaning when I heard an elephant scream. When I turned around, I saw three elephants fighting and two others were heading for the horse tent, having broken through the fence. Since I was alone, I was unable to control the situation. It took about five minutes before I could get help and another five minutes before we could begin to regain control. During this time, if the elephants had run in a different direction and had not moved toward the horses, they would have been right in the middle of the public.
My experiences with the circus has convinced me that, because of the way they live and are trained, elephants are extremely dangerous and should not be around the public. I also know first hand that the circus keeps the danger and the public exposure well hidden and we were cautioned never to let the public know if anything goes wrong. We could have lost our jobs if we had ever reported to the USDA or others any incidents that put the public at risk.
When I became disturbed about the treatment of the elephants, the continual beatings, including the baby Benjamin, I was told ''that's discipline''. On another occasion, I was confronted by my supervisor that I was overheard on the train saying I was going to report the beatings of the baby Benjamin to the USDA. It was common knowledge that I was the one who complained about the treatment of the elephants.
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Whenever the USDA inspected the circus, the circus always knew in advance that they were coming. We were always told to clean up, don't hit the elephants when they come around. I know for a fact that any attempt by the USDA to regulate the circus or to enforce laws is a joke. I was present at many inspections where the inspectors never saw the marks on the elephants from the bull hooks and the beatings. Obviously, they would not be able to regulate a situation that they see only two or three times a year.
In closing, I would like to quote from the Ringling Brothers Barnum & Bailey Animal Care Manual:
''Remember that exotic animals can be trained, but not tamed, and they can be dangerous to people and to each other.''
Thank you for your time.
Mr. CHABOT. Thank you, Mr. Rider.
Our next witness will be Mr. Blasko.
STATEMENT OF DAVID BLASKO, ELEPHANT ENCOUNTER SUPERVISOR, SIX FLAGS, MARINE WORLD
Mr. BLASKO. Mr. Chairman, members of the subcommittee, thank you for the opportunity to speak regarding my profession and my passion. My name is Dave Blasko and I work for Six Flags, Marine World in Vallejo, California and have had the pleasure of working with over 50 elephants in the last 27 years.
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I have to tell you, it is pretty intimidating here. I would rather be in a yard full of elephants.
I have been an expert consultant on training, care, management and safety for a variety of Federal, State and local agencies including the U.S. Department of Agriculture, APHIS, the U.S. Department of Fish and Wildlife, the California Department of Fish and Game, Florida Game and Fish Department, many zoos and a lot of private owners. I am an instructor for the American Zoo Association's Principles of Elephant Management course where they teach other elephant keepers how to manage and take care of elephants, and I have done that for the last 6 years. I am an elected group member of the American Zoo Association's Species Survival Program which is working to ensure that elephants remain on this continent. Also I am an Elephant Managers Association past president and professional member of that group.
With our animals at Six Flags, our goal is to bring animals closer to people, from kangaroos to killer whales. Both species, man and elephant, benefit by the relationship developed through their shared experiences with each other. I work with four Asian and four African elephants, the youngest of which is Kala, which is a captive born elephant born at the Dickerson Park Zoo in Missouri. He is going to be the father of our newly-started breeding program. And Taj, who is 60 year old, a working elephant, and is the oldest elephant in any zoo in North America.
Six Flags has presented elephants at their park for the last 28 years. We host 2 million visitors every year and provide two different elephant shows, close encounters with the elephants, feeding and petting, we encourage questions and we offer elephant rides. Six Flags' research benefits the Asian and African elephants both in this country and that new knowledge benefits elephants both in Asia and in Africa.
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We work on reproduction techniques with the University of California, Davis; we have worked with infrasonic sound communication, chemical communication, with the Oregon Institute, locomotion studies with UC Berkley; DNA research, foot care, dental care, artificial insemination, and infrared light therapy. We have learned more about elephants in the last 20 years than we have in the last 200.
At Six Flags, in their period of time having elephants, they have offered two and a half million elephant rides. This helps to create a strong, caring bond with our guests through this firsthand experience. We bring our guests into the same environment with the elephants. We want them to see what how an elephant eats. We give them the opportunity to feed it, to see how an elephant drinks.
One of our elephants, Jennie, would take an orange and just pop it light enough with her trunk, peel out the meat on the inside and put it into her mouth. There is a variety of different things these animals are capable of doing.
Riding on the elephants you can feel their immense power and strength. We give them the opportunity to touch the elephant to see what their skin is like, to smell it, to see up close what an elephant looks like. I can't tell you how many times people have had the opportunity to meet one of our elephants and their response is, I didn't know an elephant had hair. They had never been close enough to an elephant to see that. You can't appreciate that on television or on the Internet.
We create an unforgettable experience, not just for one or two, but for 2.5 billion people. We inspire positive action for wild life conservation. The benefits to the elephants include improved physical and mental health. Elephants at Six Flags are trained to participate in their own daily grooming and veterinary care. They get a bath every day, physical inspection, exercise, foot care, an oral exam every day and an eye exam, reproductive exams every year. They are trained to accept injections as well as offering blood samples.
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The physical benefits include better muscle tone with the daily exercise they get on the ride, greater stamina, less fat, fewer foot problems, less arthritis, less aggression. Similar to the way children are on a rainy day, they look for things to do. We provide a lot of things for elephants to do to keep them busy.
Another definition for training is learning and it involves operant conditioning. That is the same technique used in training killer whales or sea lions. It focuses on food reward and positive reinforcement. Training is done with compassion and understanding. Proponents claim that it is done by fear and punishment. It wouldn't work. If you wanted to do it that way, it doesn't work. Trainers tools are trust and a personal relationship built with the animal. It relies on communication, patience, understanding and rewards, including favored treats, petting and attention.
When an elephant is in training, what it is trying to do is figure out a puzzle. To figure out the puzzle creates a positive experience for the animal where it does earn a reward. It is the most enriching part of their day. When it is time to get an elephant out for the show or ride, they line up at the gate to see whose turn it is to go out to play next.
They are social animals and they rely on learning rather than instinct, so they enjoy and need an opportunity to learn. The rides and the training that is put into it strengthen the bond between the animal and the human, just like a father spending time with his son, builds trust. The time spent is important.
Rides are good for people. We recently had an 80-year-old great grandmother come to ride on one of our elephants. That was her dream, that she wanted to ride on an elephant for her birthday. You have the opportunity to appreciate this magnificent animal and it initiates a personal bonding that locks in learning for children.
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People have been riding elephants for 5,000 years, almost as long as they have been riding horses. Incidents in the United States are very rare. Elephant rides are safe. It is important that you use qualified staff, suitable animals and have written safety protocols and training for the staff that work with the animals.
Riding on an elephant treats our guests to a memorable experience. AZA's own elephant experts and their SSP support elephant rides for the following reasons—improved health and welfare, educational benefits and their safety record. This educational and emotional bonding translates to conservation and action. It is important to acknowledge that for generations, past, present and future, the reason people care about elephants is due to their exposure to them in zoos and circuses.
I want to thank you for this opportunity.
[The prepared statement of Mr. Blasko follows:]
PREPARED STATEMENT OF DAVID BLASKO, ELEPHANT ENCOUNTER SUPERVISOR, SIX FLAGS, MARINE WORLD
MR. CHAIRMAN AND MEMBERS OF THE SUBCOMMITTEE:
My name is David R. Blasko and I am supervisor of elephant training at Six Flags Marine World in Vallejo, California. I have worked in the elephant care profession for 27 years, and with more than 50 elephants in that time span. I have been an expert consultant on elephant care, training and safety for the U.S. Department of Agriculture and APHIS, the U.S. Fish & Wildlife Service, the California Department of Fish & Game, and other government agencies, and for zoos and private elephant owners. I am an instructor for the Principles of Elephant Management School run by the American Zoo and Aquarium Association, and I serve on the AZA's Asian and African Elephant Species Survival Program management group, a cooperative effort among North American zoos to help preserve elephants in zoos and in the wild. I am a past president of the international Elephant Manager's Association.
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Six Flags Marine World is currently home to four Asian and four African elephants, ranging in age from two-year-old Kala to 60-year-old Taj, the oldest elephant in a North American Zoo. Six Flags Marine World hosts two million guests a year. We present educational elephant shows, elephant close-encounters and feeding opportunities, and elephant rides to the public. The elephants at Six Flags Marine World have also participated in scientific studies benefiting elephants in zoos and in the wild, including work with elephant foot care, dental care, ultrasonic communication, chemical communication, locomotion, DNA analysis, and pioneering veterinary care procedures including infrared light treatments and artificial insemination.
For the health and well-being of our wonderful elephants, and for the benefit of all the people who learn to love them and to want to protect them in the wild, I am here today to urge you to reject HR 2929, the mistitled ''Captive Elephant Accident Protection Act''. Though it may have originally been well-intentioned, HR 2929 would end up doing more harm than good for the animals, and it would deprive families of a safe and meaningful interaction with a favorite animal, an endangered species in the wild, that dearly needs public support.
Elephant rides have helped create strong and caring bonds between people and animals at Six Flags Marine World for over 28 years. In that time, this gentle, multi-sensory contact with a real live elephant has been an unforgettable experience here for more than 2.5 million people. In 2.5 million safe elephant rides here, people have learned about this magnificent species in a way that inspires positive action for wildlife conservation. And giving the rides has been a great benefit to our elephants' physical and mental health.
Elephants at Six Flags Marine World are trained to cooperate in their own husbandry and veterinary care routines, and they are trained to participate in educational shows and to give rides. Our elephants are trained with operant conditioning, which focuses on food rewards and positive reinforcements. Their training is lovingly done. It is not true, as proponents of this bill have falsely claimed, that ride elephants are trained by fear and physical punishment. The elephant trainer's tools are communication, patience, understanding, and rewards—including verbal praise, tactile reassurance or a favorite food treat. In a training program, elephants use their considerable mental skills to learn to be successful. Positive conditioning develops the elephant's ability to learn, thereby making training and performing one of the most stimulating and enriching parts of the elephant's day.
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Learning is a social interaction, and elephants are social by nature. They seem to enjoy the time spent with their trainers, exploring new things and interacting with people. Along with the behavioral and intellectual benefits, the exercise involved in giving rides improves the elephant's health. In our experience, ride elephants are in better physical condition with more muscle tone, greater stamina, less excess fat, fewer foot problems, less arthritis and less aggressive behavior than non-working elephants. Training for elephant rides maintains and strengthens the bonds of trust between elephant and trainer that are important in all aspects of husbandry and veterinary care.
In my experience, I have seen the benefits of an active and interactive life are evident not just for ride elephants, but for show elephants as well. And these performing elephants will also be harmed by HR 2929 if it is approved. Performing elephants, like those in circuses and traveling shows, live longer and have better reproductive rates than their sedentary counterparts in zoos. While this may be due in part to the physical exercise and mental stimulation they receive, elephant husbandry experts do not yet fully understand all the causes and implications of this advantage of performing elephants. As Six Flags Marine World and other fixed-location elephant caretakers embark on a cooperative effort to breed, nurture and preserve the endangered Asian and African elephant species, we have much to learn from the vast elephant care experience and the commendable record of those who travel with their elephant troupes. We have learned more in the last 20 years than in the previous 200, and much of the scientific research which now and will in the future benefit elephants in the wild has been accomplished through the study of elephants in human care in zoos and circuses.
Elephant rides are good for the people, as well. The impressive experience of touching and moving with the elephant, feeling its immense size and strength, even smelling the animal, initiates a personal bonding that locks in learning for children and adults alike. Two-dimensional pictures in books, on television or on the Internet pale in comparison to the meaningful real life personal experience of meeting and interacting with a living, breathing elephant. People riding our elephants love the experience, and they pepper us with questions about the elephants here and in the wild. This education and emotional bonding translates to conservation awareness and action. It is important to acknowledge that, for generations past, present and future, a big reason that people CARE about elephants is their exposure to them in circuses and in zoos.
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People have ridden elephants for more than 5,000 years—almost as long as people have ridden horses. The number of accidents or injuries to the public or to the elephants involved in elephant rides in the United States is exceedingly small. With qualified staffs, suitable animals and written safety protocols, responsible zoos, circuses and traveling shows treat millions of people each year to a meaningful and memorable elephant encounter. The ride activity has proven benefits for the elephants, whose welfare is more than adequately protected by federal agencies and legislation, including the U.S. Department of Agriculture, APHIS, and the Animal Welfare Act.
The elephant experts of the American Zoo and Aquarium Association recognize the value of elephant rides. The AZA's Asian and African Elephant Species Survival Program's management group, those people charged with and most experienced in the care of elephants and the safety of keepers and the public, voted overwhelmingly to support members that offer elephant rides and to oppose any legislation that would ban them. Their reasons were the improved health and welfare of elephants in ride programs, the educational benefits to the public of direct contact with the elephants, and the proven safety record of elephant ride programs at AZA facilities.
As a veteran professional elephant care manager who has daily seen the benefits of elephant rides in educating people and improving animal health, I strongly urge you to reject HR 2929. And I invite you to visit Six Flags Marine World, to meet our elephants and to enjoy an elephant ride. You'll learn a lot about elephants and it will be a wonderful experience you will never forget.
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Mr. CHABOT. Thank you, Mr. Blasko.
Our next witness will be Mr. Doyle.
STATEMENT OF BLAYNE DOYLE, PALM BAY POLICE DEPARTMENT
Mr. DOYLE. Mr. Chairman, my name is Blayne Doyle and I am a Palm Bay police officer in Palm Bay, Florida. I have been a police officer for 31 years and in those 31 years, I have done all my time on the street as a patrol officer. I am the public safety officer that this government places between the wrongdoers and the victims or the public, so I am the last step or the step between the bad and the good if you want to put it that way.
On February 1, 1992, a small circus came to the town where I live and I was assigned to work traffic detail in front of that. Janet, an 8,000 pound Asian elephant, was giving elephant rides in the center ring of the circus in the big top. She had a lady and five children on her back and Janet was one of the elephants that decided she had had enough and it was time for her to leave.
She ended up attacking her trainer, Tim Frisco, and she turned and broke through the caging they had around the center ring, ran into the parking lot of the circus and drove her head through the side of an aluminum van she was trying to push across the parking lot.
While trying to rescue the lady and the children off Janet's back, Janet picked me up with her trunk and threw me through the air about 35 feet. I wasn't sure what had happened, both back up and none of the circus people were trying to help these people get off the elephant, they were all deathly afraid of Janet, they knew her. They had worked around her.
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I went back up the second time and asked Kathy Lawler, the lady you saw on the tape, to hand me her child over the side of the elephant. When she handed me her son, just before I grabbed him, Janet again grabbed me by her trunk and threw me down under her front legs. If you notice on the film, these elephants will head stand on a prey or on an enemy or something they consider a threat against them. Janet held me down with her front legs and proceeded to do a head stand on top of me and tried to crush me.
I will tell you that one of the circus workers ran out from behind a vehicle and stuck her in the side with a pitchfork and she turned her attention to him and I was able to scramble out from under her and get to safety.
Eventually, another elephant was used to pen Janet against the side of a truck and the children and lady were passed from one elephant to the other and were placed in a place of safety. Now the problem we had was we still had about 2,500 people inside the circus tent, Janet was injured and angry and we were unable to contain her.
I called on the radio for a tranquilizer gun. I was informed that Sea World in Orlando would have one, it would be about a hour and a half before we could get one. In that amount of time, Janet could do a great deal of damage. After calling my supervisor, it was determined that as long as Janet was just destroying circus property that we would take no action but we were authorized to shoot and kill Janet if she went back toward the public or endangered the public.
At one point, Janet turned around and started to run back inside the circus tent. It was then that I started shooting Janet in the head. I personally shot her 34 times as she ran back toward the circus tent. Other officers arrived on the scene and got involved and after 55 rounds of 9 mm ammunition, the guns police officers normally carry, Janet was actually knocked down on her side. She wasn't dead but she was not able to get up and chase anybody anymore.
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She had run back in the circus, attempted to run back up the bleachers, all the people were running out as you saw on the tape and we ended up with about 17 injured spectators from that incident.
Janet ran back to her trailer she traveled in and they had two babies chained out on the ground. In front of all these people coming out of the tent, Palm Bay Police Department ended up continuing to shoot Janet trying to fill her. It wasn't until a sergeant from our swat team arrived and out of his personal arsenal at home in a vault, he brought 30-odd six armor piercing rounds. These are military ammunition made to go through the side of an armored personnel carrier.
He loaded his weapon and shot her once with that which made her angry and she actually started to get up off the ground and chase him. He fired the second round which finally brought Janet to her death.
That is a pretty incredible story and pretty scary. I was there. I know there are a lot of laws on the books and I know there is a lot of laws that pertain to animal welfare. What I am asking for, and I am hoping this committee will do, is place a law on the book that will protect our public, not the animals, but protect our public and help me as a public servant and as a public safety officer in protecting our public from incidents like this.
It has happened before and gentlemen, I guarantee you it will happen again.
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Thank you.
[The prepared statement of Mr. Doyle follows:]
PREPARED STATEMENT OF BLAYNE DOYLE, PALM BAY POLICE DEPARTMENT
Thank you for giving me the opportunity to address you today. My name is Blayne Doyle and I am an officer with the Palm Bay Police Department in Palm Bay, Florida. I've been a police officer for 31 years.
In February, 1992, I was on duty when an 8,000 pound elephant ran amok while giving elephant rides at a circus. She had six people on her back, five of them children. I have seen my share of danger over the past three decades. But I can assure you that although I've been shot and stabbed; been in automobile, motorcycle, and airplane accidents; and been in more than my share of other life-threatening situations, I have never seen a situation as frightening—or one I was less capable of controlling—than that day the elephant ran wild.
The greatest shock to me as a police officer was when I discovered that the owner and trainer of the elephant had absolutely no control over her when the incident occurred. He had no plan for such an emergency and his only strategy was to keep yelling at me to shoot her. Since that time, I have carefully researched the problem of elephants in circuses and am probably now an authority on what happens when they go beserk. I have discovered, much to my alarm, that, once an elephant goes out of control, nothing can be done. It is not a predictable or preventable accident. The only thing that can be done—and even this is a danger to the public—is to get a battery of police officers in with heavy weapons and gun the elephant down.
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You often hear from the circus industry that they will carry tranquilizer drugs in case an animal escapes or there is a problem. In the case of a tiger or a lion, yes, there are drugs which will incapacitate the animal within ten to fifteen minutes. With elephants, that is not the case.
I have researched the drug M99 or etorphine, which is the drug that is used in the wild to tranquilize elephants. This drug is so highly dangerous to humans that one drop can kill a human being. It is also so highly regulated in the United States that it is unlikely that regulatory agencies—which don't allow even qualified veterinarians to keep it on hand—would allow circuses to travel around the country carrying this drug or allow them to fire a dose of this drug into a crowd. Even if by some miracle that occurred, the drug takes at least ten minutes to act. In ten minutes, a rampaging elephant can kill a lot of people and destroy a lot of property.
After the incident in 1992, the circus continued. They simply buried the elephant; they continued to do elephant rides; and none of the investigative agencies who had jurisdiction over the incident took any action. The circus was allowed to continue with ''business as usual.''
That didn't seem right to me. I spent a lot of time trying to devise a plan that would protect people in case of an elephant rampage. After months of research, I came to the conclusion that the only plan is not to let elephants travel. There is simply no other way to protect the public.
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Mr. CHABOT. Thank you very much, Mr. Doyle.
Ms. Olson?
STATEMENT OF DEBORAH OLSON, DIRECTOR, CONSERVATION AND SCIENCE PROGRAMS, INDIANAPOLIS ZOO
Ms. OLSON. Thank you.
Mr. Chairman and members of the subcommittee, thank you for allowing me to be here today.
My name is Deborah Olson and I am the Director of Conservation and Science Programs at the Indianapolis Zoo.
I have worked with elephants for over 20 years and managed an internationally respected elephant program. My institution has participated in landmark research which culminated this past March in the birth of the first ever African elephant conceived through artificial insemination.
I am also the studbook keeper for the African elephant, the editor of the journal of the Elephant Managers Association, the program officer for the International Elephant Foundation, and I have served as an elected member of the American Zoo and Aquarium Association's Species Survival Plan for Elephants for the last 10 years. I am also here on behalf of the Elephant Managers Association which is an international, nonprofit organization of professional elephant handlers, administrators, veterinarians and elephant enthusiasts dedicated to improving elephant care both in captivity and in the wild.
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We believe this bill would be harmful. It protects neither the public nor the elephants. It actually hinders our efforts to raise the public's awareness of elephant and elephant conservation issues. It is disappointing to me that individuals with little to no experience or knowledge of elephants or elephant management are attempting to put a halt to public interaction with elephants.
I think they do this to accomplish their goals of eliminating elephants entirely from North America. They seek to dictate how we dedicated, caring, knowledgeable, experienced professionals manage our elephants and how the public can interact with our elephants.
While there have been rare incidents of mistreatment of elephants in North America, these are clearly the exception. Responsible elephant professionals strongly condemn irresponsible care and management. Furthermore, we comply with the United States Department of Agriculture's stringent Animal Welfare Act and the AZA and EMA Code of Professional Ethics.
Education is one of our priorities. We play an important role in molding the public's opinions about elephants and conservation issues. To do this, some of us offer unique learning experiences to our public through one on one contact with elephants, special behind the scene tours and elephant rides.
Sitting on the back of an elephant gives a perspective that can be gained in no other way—Internet, television—it is a totally different perspective. I know from my own experience when children and adults stand or sit on an elephant and see how truly large they are and see how they move, and actually you can feel how an elephant rumbles when it is contented and you can feel the vibrations of that rumble course through your body. That is an experience you take home with you. It is safe to say that children and adults who don't have that experience will not look at elephants the same way that I or others who have that experience do.
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As people become more and more removed from wild spaces, from nature, every child and adult that we can reach with these types of experiences is a potential conservationist. Rides are also an excellent way to provide elephants with exercise and mental stimulation. Field Researcher, Dr. Philip Kahl, recently remarked to me at the Indianapolis Zoo that the zoo's elephants were the fittest elephants he had seen in any zoo. They are fit because they gave rides at the zoo.
In keeping our elephants fit, we not only improve their health but in the case of our expectant mothers, we also improve their chances of giving birth to a healthy calf. Obesity and lack of physical conditioning in captive elephants appears to be a contributing factor to their low birth rate. Our female ride elephant, Kubwa, was in such top physical condition when she gave birth this March that her labor lasted only 45 minutes. She produced a strong, healthy female calf which we named Amali. This elephant is the most important animal in Indiana at this time.
Dr. Ian Douglas Hamilton, a famous elephant field researcher, has done work on elephants in East Africa for over 30 years visited the zoo in 1998. He had never had an opportunity to ride an elephant and he was thrilled to get that opportunity. He was fascinated by the experience and as I talk to him today, he still talks about his elephant ride at the Indianapolis Zoo.
Elephant rides are safe. In a survey of elephant rides given at institutions belonging to the American Association of Zoos and Aquariums over the past 10 years, we have given 3.4 million rides. Of that number, only four incidents occurred which at most resulted in minor injuries and they were all due to equipment failures, not problems with the elephants. That is four equipment failures in over three million rides in 10 years.
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Elephants in captivity play an important role in supporting our wild populations and in answering our questions about these animals. Many of these questions can only be answered through research using captive elephants in zoos, private facilities and circuses. Some of us use rides to raise funds for this scientific research. This work helps save elephants for future generations. These types of opportunities empower the public to assist in our efforts.
The research that provided the insight we now have into elephant reproduction would have been impossible to conduct in the wild. Elephant rides allowed the Indianapolis Zoo to spend 10 years and over $200,000 to study and develop artificial insemination techniques. Without those funds, artificial insemination would not be considered the viable technology for our zoos worldwide that it is thought to be today and the people of Indiana would not have Amali.
There is a partnership that exists between zoos, circuses, and private individuals. Elephants that travel reach people that do not live close to zoos. Circuses develop many of the training skills we use to condition our elephants for the artificial insemination procedure. In fact, most zoos directly employ those skills in their management programs today. These same individuals and organizations are also active participants in our cooperative breeding research and field conservation projects for both African and Asian elephants.
Let me say again, elephant and human interaction is important to the conservation of elephants. Elephants in zoos, circuses and private institutions are crucial to the future of wild populations.
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In closing, elephant rides are safe and the elephants are safe with us.
Thank you very much for this opportunity.
[The prepared statement of Ms. Olson follows:]
PREPARED STATEMENT OF DEBORAH OLSON, DIRECTOR, CONSERVATION AND SCIENCE PROGRAMS, INDIANAPOLIS ZOO
Mr. Chairman and members of the Subcommittee, my name is Deborah Olson, and I am Director of Conservation and Science Programs for the Indianapolis Zoo, the North American Regional Studbook keeper for African elephants, the Editor of the quarterly Journal of the Elephant Managers Association (JEMA), a member of the American Zoo and Aquarium Association (AZA), the Program Officer of the International Elephant Foundation (IEF), and I have served as an elected member of the AZA Elephant Species Survival Plan Management Group for the last ten years. In my employment with the Indianapolis Zoo, I have worked directly with elephants and managed an internationally respected elephant program for over 20 years. During my tenure, my institution has participated in landmark scientific research culminating in the first ever birth of an African elephant through artificial insemination, conservation programs of wild populations of elephants and improving elephant management standards. I am also here on behalf of the Elephant Managers Association (EMA). The EMA is an international, nonprofit organization of professional elephant handlers, administrators, veterinarians and elephant enthusiasts dedicated to improving elephant care and protection, both in captivity and in the wild. The EMA and the Indianapolis Zoo are opposed to H.R. 2929. We believe HR 2929 would ultimately be harmful to all professionally managed elephant programs.
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H.R. 2929 protects neither the public or elephants. Worse it actually hinders efforts to raise the public's awareness of elephant conservation issues. Individuals with little to no experience or knowledge of elephants or elephant management are attempting to put a halt to public interaction with elephants to accomplish their goals of eliminating elephants in North America. They seek to dictate how knowledgeable, experienced and caring elephant professionals (who have invested so much time, effort and resources to the care of their elephants) manage elephants, who can have elephants, and how the public can interact with elephants.
While there have been rare incidents of mistreatment of elephants in North America these are clearly the exception. The EMA and responsible elephant professionals strongly condemn irresponsible care and management of elephants. Furthermore, EMA requires elephant personnel to comply with the United States Department of Agriculture's stringent Animal Welfare Act and the AZA and/or the EMA Code of Professional Ethics. In addition, all animal exhibitors are subject to state and local laws and permit requirements. Due to the fact that the United States Department of Agriculture (USDA) already has the power to oversee these issues, we believe that this legislation is unnecessary.
The EMA, AZA and IEF and its members make education a priority—it is one of the primary missions of each of these organizations. Those same members play an important role in the molding of the public's opinions about animals and conservation. Some of us even offer unique learning experiences through one-on-one contact with elephants, behind-the-scenes-tours and elephant rides. Elephant rides provide visitors with hands-on interaction with the animals. There is plenty of data to demonstrate the immense educational value of first-hand encounters. Reading and watching television programs about elephants cannot equal the real live animal. Sitting on the back of an elephant gives a perspective of the animal that cannot be gained through any other medium. I know from my own experience that when children and adults meet an elephant up close—see its great size and feel its skin—the interaction makes a profound difference in how elephants are thought of. It is safe to say that this bill's passage will mean that hundreds of thousands of children, now and in the future, will never have the unique experience of touching a live elephant. As people become more and more removed from wild spaces, every child and adult who can be reached is a potential conservationist.
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Rides are also an excellent way to provide elephants with exercise and intellectual stimulation. Elephant field researcher and MacArthur Fellowship recipient Dr. Phil Kahl recently remarked that the elephants at the Indianapolis Zoo were the fittest looking elephants he had seen in any zoo. They are fit because they get regular exercise by giving rides to visitors. By keeping our animals fit, we not only improve their health, but in the case of our expectant mothers, we are also improving the chances of a healthy calf. Obesity in captive elephants appears to be a contributing factor to the low birth rate. Dr. Iain Douglas-Hamilton , the famous elephant researcher who has spent decades doing field work in East Africa, visited the zoo in 1998 and was delighted to have an opportunity to ride an elephant. It was something he had never done before. He characterized the experience as ''fascinating''.
The experience of EMA members, AZA member institutions who give rides and the scientific data of Dr. Ted Friend of Texas A & M University demonstrates that elephants are not stressed when they are ridden or travel from location to location. In fact the data indicates that elephants find the life ''quite acceptable'' (reference). The data indicates that working elephants are in better physical condition, have more muscle tone, greater stamina and less excess fat, than their sedentary counterparts. Working elephants experience few, if any, interruptions in their estrus cycle when moved to a bull and encounter fewer difficulties giving birth. And, elephant rides are safe. In a survey of elephant rides given in institutions belonging to the American Association of Zoos and Aquariums over the last ten years, three million, three hundred and seventy-nine thousand rides were given. Of that number only four incidents occurred which at most resulted in minor injuries, all due to equipment failure, not elephant problems (Doyle, JEMA in press).
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Elephants in captivity play an important role in supporting wild populations. There are many gaps in our knowledge about these species that must be filled if we are to save elephants for future generations. Many of these questions can only be answered through scientific inquiry using captive elephants in zoos, private facilities and circuses. In addition to the benefits elephants and people get from elephant rides, some EMA members use rides to raise funds for scientific research into the health and reproduction of elephants in captivity and in the wild. This work helps save elephants for future generations and empowers the public to assist in these efforts. The research that provided the insight we now have into elephant reproductive physiology would have been impossible to conduct in the wild. Elephant rides allowed the Indianapolis Zoo to spend ten years and over two hundred thousand dollars to study and develop collaborations in our scientific investigation into elephant reproductive physiology and artificial insemination. Without those funds, artificial insemination technology would not be as advanced or considered the viable technology for our zoological institutions worldwide it is thought to be today.
A partnership exists as zoos work with those ''who travel with elephants'', the circuses and private individuals. Elephants that travel reach people who do not live close to zoos. Circuses developed many of the training skills we used to condition our elephants for the artificial insemination procedure. In fact most zoos directly employ these skills in the management of their elephants today—basic behaviors (laydown, stretch, foot lifts etc.) and husbandry behaviors (bathing, foot care, tusk protectors, etc.). These same individuals and organizations are also active participants in cooperative breeding, research and field conservation projects for both African and Asian elephants.
Given all these advantages and benefits, why would Congress want to prohibit rides? Elephant-human interaction is important to conservation of elephant species. Elephants in zoos, circuses, and private institutions are crucial to the future of wild populations.
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Thank you for the opportunity to comment on H.R. 2929.
Mr. CHABOT. Thank you, Ms. Olson.
Ms. Derby?
STATEMENT OF PAT DERBY, PRESIDENT, PERFORMING ANIMAL WELFARE SOCIETY
Ms. DERBY. Thank you, Mr. Chairman.
I had a prepared speech but I think I am going to scrap it, so I can address some of the issues that have arisen here.
First of all, I would like to tell you that I too have worked with elephants for 35 years. I live with four elephants now. They are healthy, they are not chained. I do all of the management practices without any of the kinds of formal elephant management that have been referred to.
I also would like to say that one of the first misconceptions that has arisen here is I read from Congressman Don Young's statement that the circus is a beloved American institution. I would like to correct that. Baseball is the beloved American institution. The circus was imported from Europe and actually by PT Barnum who was known for his famous statement that there is a ''sucker born every minute.''
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I would like to say that I have heard a lot of circumlocution here around the issue of the legislation. It has nothing to do with breeding. Elephants do not breed, to my knowledge, while they are traveling and performing, wearing costumes and standing on chains. I believe they breed when they are in permanent facilities.
I would also like to state that this bill has nothing to do with conservation. It has to do with public safety. I have great respect for zoos that have elephants, I have great respect for many members who have and keep and manage elephants. However, I do not believe it is their right to endanger members of the public.
I would like to read to you a quote from Ms. Olson which was written in the Journal of the Elephant Managers Association which says, ''By the way, the Indianapolis Zoo had a keeper who was seriously injured by an elephant,'' and Ms. Olson's response was this, ''In the end, one thing is abundantly clear, the job of the elephant handler is not risk free. Elephants are large animals whose behavior we have modified to allow us to take care of them. Every time we are in the presence of these magnificent creatures an accident can happen.'' That is all very well and good for elephant handlers and elephant people to have a cavalier attitude about the accident that is waiting to happen. It is not fair to the general public.
Now, until the red light goes on, I would like to read you incidents and headlines regarding elephants. I would also like to say this is not a frivolous bill. I have spent 15 years of my life researching this issue. I have met over 40 different times with USDA and other regulatory agencies. I have met with Secretary of Agriculture Glickman, I have met with Under Secretary Mike Dunn so many times he almost considers me to be a member of his family.
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I have tried in every way possible to avoid instituting a bill. I have had enumerable meetings with Congressman Farr. We have certainly attempted to provide some other arena. There is no way that elephants can be regulated. It is totally unpredictable, it is unpreventable.
In regard to no circus patrons having been injured, I would like to say that a lot of the statistics that we have heard here are skewed. Marine World, Africa, USA, ''Elephant dumps passengers at Oakdale Party,'' that was in 1990. Marine World was providing elephants and people were injured. One woman said, ''We didn't see anything like this in Africa.'' Marine World just settled.
In 1995, a $600,000 lawsuit, ''Radio jock prevails in pachyderm injury suit,'' I believe the keeper at Ms. Olson's zoo is suing the zoo. I would like to read you others—''Circus elephant crushes man to death.'' I have heard Mr. Rawls say this man is not a good statistic because he was drunk. I think that is an extremely cavalier attitude. The man is dead. He may have been drunk but he is definitely dead.
June 6, 1993, Fishkill, New York, ''I was crushed by TV elephant, circus elephant on the Regis and Kathy Lee Show attacked a Russian interpreter.'' This lawsuit was settled for $1.65 million.
''Elephant giving rides spooks, injures trainer,'' this was 1994. ''Elephant ride turned bumpy as two collide,'' this was March 6, 1994. ''North Dakota rampage in Tyke's dark path,'' July 23, 1993 and that was the circus elephant by the way who finally rampaged on the streets of Honolulu. I personally talked to USDA about her previous rampages in Minot, North Dakota and also in Pennsylvania. She was declared fine to perform and safe for the public.
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I would also say there is no three strikes law. There are at least 20 elephants that I have identified who are traveling today and giving rides to children who have a history of aggressive behavior. That is 10 percent of the elephant population who travels.
I see the red light. I have many, many more. I would be happy to provide them to you. I can only say that having spoken to you and having pleaded for this issue, I really do hold you accountable for the next headline.
Thank you.
[The prepared statement of Ms. Derby follows:]
PREPARED STATEMENT OF PAT DERBY, PRESIDENT, PERFORMING ANIMAL WELFARE SOCIETY
Mr. Chairman and members of the subcommittee, I am Pat Derby, the president and one of the founders of The Performing Animal Welfare Society (PAWS) , a national, animal welfare organization dedicated to the protection of performing animals and captive wildlife. PAWS maintains two sanctuaries for abused and abandoned captive wildlife in northern California, and we are currently constructing a 2300 acre natural habitat sanctuary primarily for captive elephants. At present our sanctuary houses four elephants, two juvenile Africans and two older Asian elephants. Thank you for allowing me to share my personal and professional experiences regarding captive and performing elephants.
I have worked with captive elephants for thirty-five years and, although I have never worked in a circus, my initial training with elephants was under the tutelage of retired circus elephant trainers. I operated my own company which supplied animals for movies and television in Hollywood and I performed with my elephant on television shows and in public performances from 1965 until 1982. My own experiences with elephant trainers and elephant ride operators led me to the conviction that elephants are extremely dangerous and their owners and handlers are quite cavalier about public safety. In those days, elephant trainers and circus owners boasted about their ''close calls'' and the ''bull men'' (elephant trainers) were proud of their rigid control over the huge performing pachyderms. The risk to the public was considered unimportant.
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In 1984, PAWS initiated a study documenting incidents involving trained elephants. We found most information regarding deaths and injuries involving elephants was purely anecdotal and many incidents involving property damage and personal injury were never reported to local authorities. In many cases, the circus owners had paid damages in cash in order to avoid insurance claims.
In the past fifteen years, PAWS has published two separate studies regarding captive elephants—Everything You Should Know About Elephants and Licence To Kill—both of which have been presented to regulatory agencies. We were appalled to find that, at that time, USDA kept no files which would identify chronic offenders and, in some instances, allowed elephants with a history of aggressive behavior to continue to perform in public.
One elephant, Freida, had killed two spectators, injured several other members of the public, had rampaged at least two times and was still performing in 1995 when she rampaged in Queens, New York. Another elephant, Tyke, had injured her handlers on several occasions, had rampaged in a school full of children but was pronounced safe to perform in public by USDA regulatory agents before her final rampage in Honolulu where she killed her trainer, injured a groom and several spectators and was finally gunned down in the street by a battalion of police officers. Incredibly, the owner of the elephant was given a small fine by USDA and was allowed to continue to provide elephants for elephant rides and public performances. These fines were considered a part of the cost of doing business and have become the insurance which allows chronic offenders to continue to put the public at risk. There is no three strikes law for circus owners and elephant trainers. Most of these circuses have enough strikes for an entire inning.
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A few years after Tyke's rampage, Joyce, an elephant who also performed for Tyke's owner, literally dropped dead after a performance. This was an elephant who had elicited great public concern because of her emaciated appearance although she was pronounced fit to travel and perform by USDA. A necropsy found her to be in the final stages of the human strain of tuberculosis. Her elephant companion, Hattie, died of the same disease a few days later. These elephants had been exposing the public to a highly contagious disease for years and the elephant owner had ignored the risk to the public and his own handlers in order to keep them performing.
Just recently we have seen internal memos from another circus which indicate that they intentionally concealed a tuberculosis epidemic among their elephants and handlers, allowing them to travel and perform with this contagious disease. We have presented to the committee documentation of innumerable deaths, injuries and personal property damage caused by elephants who are used for rides and public performances. The evidence is overwhelming. The circus industry seeks to trivialize the danger to the public. They have also stated that federal regulations are sufficient to handle the situation. All of the incidents which we have chronicled are substantiated by police records and newspaper reports. In addition to these documented incidents, we have in our files frightening accounts from security guards and other staff who work in public arenas where elephants perform, affidavits from spectators and circus workers regarding elephant escapes and injuries to workers which never became part of the public record.
In the past fifteen years, representatives of PAWS have met with USDA–APHIS officials on an average of three or four times a year to discuss this issue. We have met with Secretary Glickman and Undersecretary Mike Dunn; we have presented our studies and attempted to utilize existing laws and regulations to alleviate the problem. We have been told on innumerable occasions that USDA enforces the Animal Welfare Act which was written to protect the animals, not the public.
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HR 2929 is a public safety measure which was carefully researched and is desperately needed. I hope that every member of this committee will read the documentation of death and destruction caused by an industry that has consistently misled the public and regulatory agents. Within the first three months of this year, three circus elephants in the United States have rampaged causing property damage and one elephant has killed a circus worker. In 1999, three elephants rampaged, one with children on her back, and one man was killed and another injured by circus elephants.
Less than 200 elephants travel for performances and give rides to children. At least twenty—10%—already have a history of aggression and instability. The rest are ticking time bombs. Elephant rampages cannot be prevented or predicted. There is no plan to protect the public when an elephant like Janet in Palm Bay rampages with children on her back. The ''competent elephant handlers'' are either killed or injured and animal control agencies and police are ill equipped to deal with the disaster. There is no safe tranquilizer that will bring down a rampaging elephant. No one can identify a dangerous elephant, and circus owners often continue to use aggressive elephants because they are good performers.
The circus industry is an industry of illusion and public relations. We are told the circus is the great American tradition although circus originated in Europe. Baseball is the great American tradition and it harms no one. This legislation will not close the circus; it will only make it safer for the patrons. Many circuses today travel and perform without elephants and they are thriving.
The circus industry has also indicated that this legislation would somehow seriously affect captive elephant breeding. Elephants do not breed when they are traveling, and even artificial insemination is a complex process which requires a permanent location. Obviously, elephants would have more time and more incentive to breed if they were not traveling and performing. HR 2929 does not prohibit elephant breeding, it does not prohibit the ownership of elephants for conservation and education purposes and it will not put circuses out of business if they evolve as every other industry has to reflect the changing times. Early in this last century circuses performed in cow pastures and mud lots across America; today they are showcased in sports arenas and civic auditoriums in heavily populated areas—Queens, Honolulu, Palm Bay, Hanover, Dallas—which causes greater public risk and elephant incidents have escalated accordingly.
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I have purposely avoided any reference to the reasons behind elephant rampages to avoid being characterized as an extremist who wishes to outlaw pet ownership. The elephant is by nature a gentle, benevolent, socially responsible animal, intelligent and complex. In the circus, elephants are reduced to performing robots who simply wish to escape a life of confinement and deprivation.
Just recently USDA warned Ringling Brothers Circus that the methods which they employ in the process of separating baby elephants who are born at their breeding compound from their mothers are ''outdated and unnecessary''. The process to which they referred involved taking baby elephants who were less than two years old and restraining them by ropes to keep them away from their mothers. Baby elephants in the wild live in a community of love and female elephants stay with their mothers and the herd for life. Males stay with their mothers for at least eight years.
Undersecretary Mike Dunn also stated in a letter to me that Ringling Brothers had violated the Animal Welfare Act by causing physical harm and behavioral stress to the baby elephants, yet no further action has been taken by USDA.
Obviously, this callous treatment of an innocent baby will tend to produce an elephant who has some resentment toward humans and a desire to escape. According to reports which we have received from Ringling Brothers elephant handlers, these performing babies are considered to be ''runners'' and have become increasingly difficult to control especially under public scrutiny where discipline is impossible. Two of the ten elephants born at the Ringling breeding facility have died while traveling with the circus.
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The data which we have presented is the tip of the iceberg. It is virtually impossible to track elephants, elephant trainers and circus owners as they move from the United States to Canada, Mexico and Europe. Wealthier circuses travel to other countries scouting for elephant acts and new animal trainers. The elephant who killed a trainer at a safari park in England may be the next one to rampage in the US and many elephants with too many publicized problems in this country are sold or traded to circuses in Mexico and South America. The possibilities are endless and circus audiences may pay a high price for a few minutes of dubious entertainment.
Thank you for your time and your consideration of this important legislation.
Mr. CHABOT. Thank you, Ms. Derby.
Our final witness on the panel will be Mr. Schmitt and then the panel up here will ask questions.
STATEMENT OF DENNIS SCHMITT, ASSOCIATE PROFESSOR, AGRICULTURE DEPARTMENT, SOUTHWEST MISSOURI STATE UNIVERSITY
Mr. SCHMITT. Thank you for the opportunity to speak on this issue.
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My name is Dennis Schmitt. I am a veterinarian and I have interacted with over 200 elephants in 40 zoos and five circuses. I have participated in the care and guided investigation into the biology of elephants for over 15 years. I am a Professor of Animal Science with a DVM, PhD and I am Board Certified in veterinary reproduction by the American College of Theriogenology. I am a member of the Board of Directors of the International Elephant Foundation and serve as a reproductive advisor to the Species Survival Plan Committee of the American Zoological Association.
In my role as a reproductive specialist, I recently participated in conception and birth of the first Asian and African elephants from artificial insemination in the world. I have assisted on 12 other elephant births.
The approximately 750 Asian and African elephants in North America are nearing a critical milestone. If the birth rate continues at the present levels, the current population will fall to less than 20 individuals of each species within 40 to 50 years. An analysis of the birth records of the North American Asian elephant stud book reveals that there were 56 calves born from July 1987 to 1997. During that 10 year period, in circuses, 90 percent of the calves were live borne, while in zoos, approximately 60 percent were live borne. This difference in survival rate in newborns may be due to several reasons. One important difference is the superior physical fitness of circus elephants.
This legislation would seriously impact the ability to maintain and exhibit elephants by circuses in North America. Circuses are actively involved in scientific investigation of reproduction, biology and behavior of elephants. The personal efforts and professional involvement and investment of those who work with elephants have resulted in tremendous strides in elephant welfare in the last 10 to 15 years.
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In my business, as I examine elephants in circuses, I find that the elephants are placed in pens most of the time. Usually only when transported or during bad weather are they restrained. I find them in compatible social groups and able to freely interact with their companions in the vast majority of those instances.
The opportunity to allow the public to see, touch and be amazed by elephants in circuses cannot be duplicated by documentaries on television. The issue of public safety during direct contact is a crucial consideration. The record of public safety with elephants in circuses is a tribute to the communication between individual animals and their trainers. The rare exception should not be used to characterize the whole elephant-human interaction and drive passage of this legislation.
Circuses make unique and important contributions to elephant care. Three circuses—Ringling Brothers Circus, Carson and Barnes Circus and George Cardin's International Circus—have made significant contributions to research in Asian elephants. Their participation in studies of the reproductive physiology and their direct involvement in natural and artificial insemination studies have contributed to the recent successes resulting in the births of the first two artificially conceived elephants.
As an example of the level of cooperation among zoos and circuses, the recent artificial insemination procedure that resulted in the successful pregnancy of Shanti, the Asian elephant here at the National Zoo, was helped by Ringling Brothers. This is the fifth such pregnancy to exist in the world.
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Ringling Brothers' elephant conservation center is providing a model for elephant reproduction for the world. Ten calves have been born at Ringling Brothers Circus. I believe one factor for this success is the result of having physically and socially fit elephants.
To prevent circuses from exhibiting elephants, one of the flagship animals of a circus, would not only change the character of circuses as a whole, but would prevent the ability to maintain the population of elephants in North America. There is not evidence of circus life per se being detrimental for an elephant's well being. Recent studies performed at Carson and Barnes Circus and published by Dr. Ted Friend would indicate that the care of circus elephants is equivalent to the care of animals in zoos, kennels and farms.
Captive elephants serve as charismatic ambassadors. We must think rationally and continue to improve captive elephant welfare. I have traveled to Africa twice and visited recently with two colleagues who just returned from Sumatra. There is no wild left for elephants. They are in isolated populations and large preserves. This legislation would dramatically affect the future of elephants in North America. I believe this is a rational conclusion.
I find, as a consultant to circuses and zoos, the level of care and concern for elephant welfare to be admirable. One of the circuses I work with is Ringling Brothers and Barnum & Bailey Circus. They provide excellent veterinary and animal care for their elephants. Elephant health and welfare is monitored by caretakers, veterinary technicians and veterinarians both on the road and at the elephant conservation center.
I know that all of the animal care staff at Ringling Brothers wish they could be here to talk with you today about what they do. It is on their behalf I would like to show you the following video on the care and transportation of elephants at Ringling Brothers.
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[Viewing of video.]
Mr. SCHMITT. Thank you for your time and attention.
[The prepared statement of Mr. Schmitt follows:]
PREPARED STATEMENT OF DENNIS SCHMITT, ASSOCIATE PROFESSOR, AGRICULTURE DEPARTMENT, SOUTHWEST MISSOURI STATE UNIVERSITY
Mr. Chairman and members of the Subcommittee, thank you for this opportunity to speak on this issue. My name is Dr. Dennis Schmitt, I am a veterinarian. and I have interacted with over 200 elephants in approximately 40 zoo's, and 5 circuses. I have participated in the care and guided investigations into the biology of elephants for over fifteen years. I am a professor of animal science with a DVM, PhD and I am board certified in veterinary reproduction by the American College of Theriogenology. I am a member of the board of directors for the International Elephant Foundation, and serve as the reproductive advisor for elephants on the Species Survival Plan committee of the American Zoological Association.
In my role as a reproductive specialist, I recently participated in the conception and births of the first Asian and African elephants resulting from artificial insemination in the world and have assisted in 14 elephant births.
The approximately 750 Asian and African elephants in North America are nearing a critical milestone. If the birth rate continues at present levels, the current population will fall to less than 20 individuals of each species in the next 40–50 years. An analysis of the birth records in the current Asian elephant studbook of North America reveals that 56 calves were born from July 1987 to July 1997. During that ten year period in circuses 90 % of the calves were live-born, while in zoos just under 60% were live-born. This difference in the survival rate in newborns may be due to several reasons, but one important difference is the superior physical fitness of circus elephants.
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This legislation would tremendously impact the ability to maintain and exhibit elephants by circuses in North America. Circuses are actively involved in the scientific investigation of the physiology, reproduction, and behavior of elephants. The personal efforts and professional investment of those who work with elephants have resulted in tremendous strides for elephant welfare in the last 10 to 15 years.
The opportunities that allow the public to see, touch and be amazed by elephants in circuses cannot be duplicated by documentaries on television. The issue of public safety during direct contact with elephants is a crucial consideration. The record of public safety with elephants in circuses is a tribute to the communication between individual animals and their trainers. The rare exceptions should not be used to characterize the whole human-elephant interaction and drive the passage of this legislation.
Circuses make important and unique contributions to elephant husbandry. Three circuses, Ringling Bros. Circus, Carson and Barnes Circus, and George Carden's International Circus have made significant contributions to research in Asian elephants. Their participation in studies of reproductive physiology and their direct involvement in natural and artificial insemination studies contributed to the recent successes resulting in the births of the first two artificially conceived elephants. As an example of the level of collaboration among zoos and circuses, Ringling Bros. participated in the recent artificial insemination procedure that resulted in the successful pregnancy of the Asian elephant Shanti here at the National Zoo, the fifth such pregnancy in the world.
Ringling Bros. Elephant Conservation Center is providing a model for elephant reproduction for the world. Ten calves have been born at Ringling Bros. Circus. I believe one factor for this success is the result of having physically and socially fit elephants. To prevent circuses from exhibiting elephants, one of the flagship animals of a circus, would critically change not only the captive population of elephants in North America, but also the character of circuses as a whole. There is not evidence of circus life per se being detrimental for an elephant's well being and recent studies performed at Carson and Barnes Circus and published by Dr. Ted Friend would indicate that the care of circus elephants is equivalent to care of animals in zoos, kennels, and farms.
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Captive elephants serve as charismatic ambassadors, we must think rationally and continue to improve captive elephant welfare. I have traveled to Africa twice and have visited recently with two colleagues who just returned from Sumatra. There is no wild left for elephants. There are isolated populations of elephants in large preserves. This legislation would dramatically affect the future of elephants in North America. I believe this is a rational conclusion, genuinely supported by the relevant information. As a consultant to several zoos and circuses, I find their level of care and concern for elephant welfare to be admirable. As an example, one of the circuses I work with is Ringling Bros. Barnum & Bailey circus, they provide excellent veterinary and animal care for their elephants. Elephant health and welfare is monitored by animal caretakers, veterinary technicians, and veterinarians, both on the road and at the Elephant Conservation Center. I know that the animal care staff at Ringling Bros. wishes they could be here today to talk to you about what they do. It is on their behalf that I would like to show you the following video on the care and transportation of elephants at Ringling Bros. Thank you for your time and attention.
Mr. CHABOT. Thank you for your testimony and we thank all the witnesses for their testimony here this morning. At this time, members of the panel and the guests will also have an opportunity to question. We all have 5 minutes as well to do that, so we would ask you to be relatively to the point when we ask questions.
First of all, I want to compliment the staff. We actually had two videos here this morning and they both worked. I think that is historic. [Laughter.]
Mr. CHABOT. Secondly, Ms. Derby, you mentioned that the chairman mentioned the great American tradition was the circus and you mentioned it was baseball and here in Washington, some think it is politics.
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In any event, there has been a lot of testimony I think quite persuasive on both sides. Mr. Rawls testified early on that there has not been one patron ever killed in the U.S. despite the fact there have been 10 million rides, that there has not been a serious injury or a death.
Your point was you don't necessarily agree with that. What part of that do you not agree with?
Ms. DERBY. I have all the documentation here and all the newspaper articles. Obviously the translator on the Regis and Kathy Show was a member of the public. In 1993, Christopher Pont was killed in Fishkill, New York by a circus elephant. In 1985, Joan Scoville was killed in New London, Connecticut. In 1999 in Poughkeepsie, New York, the mother and two children are here who were there during a circus performance when an elephant ran into the audience. In 1998 in Nashville, Tennessee, an uncle and child were thrown by a circus elephant. It is an insurance claim that is still pending. In 1998 in Syracuse, New York, a 3-year-old child was injured when the circus elephant attacked its trainer. The child was thrown off. In 1996, Casper, Wyoming, child passenger falls off when the circus ride elephant attacked its trainer. I have a huge list here. I don't know if I am allowed the time to go through it. This is just the tip of the iceberg.
Mr. CHABOT. Mr. Rawls, would you respond to that testimony? Is the dispute the fact that they are not serious injuries?
Mr. RAWLS. Part of it is, there have been injuries but we dispute the fact that they were serious injuries and we take great and exceeding care in what we do and how we do it.
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The two incidents in question did not happen at my circus but I am fairly familiar with what did happen. I was not being cavalier. Any death involving elephants is one too many as far as I am concerned and we certainly would look for ways to eliminate any possibility in any endeavor, whether it be in the circus business with elephants or the airline situation or just driving your car on the highway. We certainly think any death is too many.
The reason I pointed out the gentleman in New York was drunk is he was not a patron at the circus but entered the circus grounds after hours, was drunk and entered the elephant compound. What happened after that, I have no idea but I do know those are the facts of the event up to that point.
The other lady was a murder victim and placed in the elephant compound.
Ms. DERBY. Not according to the police reports which I have in my files. It was never established that she was a murder victim.
Mr. CHABOT. Let me move on.
Mr. Rider, you said in your testimony that there were inspections by USDA and you considered them a joke. You also indicated there were beatings of the elephants and that type of thing. That seems to be very different from Mr. Blasko's testimony relative to the way the animals are trained which seems to be much more positive reinforcement or operant conditioning. Mr. Rider, if you could comment briefly and then Mr. Blasko, if you could comment.
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Mr. RIDER. During my 2 1/2 years at Ringling Brothers, being the barnman, I was specifically there. Most of these beatings occurred when the USDA was never around. When they showed up, they would come and there were 30-some inspections and in my 2 1/2 years, I saw maybe 15 to 20 of them. They were taken to certain elephants because some of the elephants had big cuts behind their ears. In Richmond, Virginia, we had a situation where two elephants, Rebecca and Zyna, Zyna had 22 hook marks and there were 30-some on Rebecca. I counted them and I know the person that did it.
What you see on these videos and about the abuse unless you are actually there, they are not going to do it in front of management, they are going to do it behind somebody's back. My own superintendent, who was in this video, I have seen him hook many elephants. I have seen other people beat on Benjamin, the baby, and that man is no longer with Ringling Brothers. It was a known fact that he was very aggressive toward them. If they rattled a chain, Karen was beat for 23 minutes in New Haven, Connecticut. Me and the other barnman had no control over that situation.
These are situations that the USDA, if they paid a surprise visit or stayed outside while the performance was going on and watched what actually went on, they might see a lot more but when you are there, your supervisor and yourself, they are in there cleaning the elephants and if an elephant doesn't do it right, doesn't do the command, they hook it. Those are the incidents we are talking about. As far as beatings, taking both hands and hitting them with a bull hook, numerous, numerous times.
Mr. CHABOT. Mr. Blasko?
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Mr. BLASKO. With regard to Ringling Brothers, I have never worked there and I am sure Ringling Brothers would be glad to respond to the committee after the hearing. The U.S. Department of Agriculture when they inspect us, always showed up unannounced and they come by a minimum of twice a year. I think the Department of Agriculture, APHIS, are professionals and they care about their job and care about the animals they inspect.
With regard to training, the training concepts for training animals are all the same. My initial learning about training was at Sea World and I learned how to do sea lion and dolphin shows first and they use the same concepts in training with all animals. You just use slightly different techniques because dolphins are in the water and elephants are on the ground. All of it depends on building steps, shaping the behavior as in building blocks, getting it more and more refined. You do that by finding something the animal likes and then communicating with the animal what it is you want him to do and then rewarding him for it.
Mr. CHABOT. My time has expired. Mr. Rawls, did you want to follow up?
Mr. RAWLS. I just wanted to reinforce the statement about the USDA. I wanted to point out that every time I have been inspected by USDA, they have showed up unannounced and I don't have any ability to show them certain animals. They can see any animal they want to see. It is my requirement to let them see anything they want to see in my facility or any animal.
Mr. CHABOT. Mr. Scott is recognized for 5 minutes.
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Mr. SCOTT. Thank you, Mr. Chairman.
Mr. Rawls, you indicated that studies and animal behavioral scientists indicate that elephants live longer, less stressful, stimulating lives. Can you provide us with copies of those studies?
Mr. RAWLS. Certainly.
Mr. SCOTT. Ms. Derby, you had a list of incidents. I was wondering if you could provide us with that documentation?
Ms. DERBY. I would be happy to.
Mr. SCOTT. Mr. Rawls, I assume you have responses to many of those incidents.
Mr. RAWLS. That Ms. Derby has referenced?
Mr. SCOTT. Right. If you can provide us with your documentation.
Mr. Schmitt, why aren't elephants because of their size, so inherently dangerous that we should not allow them in circuses?
Mr. SCHMITT. I would disagree with the statement, in that they are so inherently dangerous they shouldn't be allowed in circuses. Certainly, they are large animals who react very well with humans in most instances and those cases that have been cited are very rare. With the amount of time and public exposure to elephants, I think it has been demonstrated already that is a very rare occurrence.
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Mr. SCOTT. Why aren't other circus animals like tigers from a relative point of view just as dangerous if not more dangerous than elephants?
Mr. PARROTT. I guess I will have to respond to that. Why aren't tigers as dangerous as the elephants?
Mr. SCOTT. Are there instances with tigers and other circus animals that suggest they are as dangerous or more dangerous than elephants?
Mr. PARROTT. I don't know. That is for the circus industry.
Ms. DERBY. I could respond. It is very simple. Circus elephants normally when they go into performance are unrestrained, they are in an arena with no restraint. When elephants rampage, it is usually when they are off chains, they are walking from the train into a performance or they are actually in a performance or giving rides. This is a large, intelligent, dangerous animal under no restraint.
Normally, lions and tigers and the other animals that perform in circuses perform in an arena that is difficult for them to escape from or they are held in transfer boxes. There is not the window of opportunity for tigers and lions to reek the kind of havoc that elephants can do.
Mrs. SCOTT. Ms. Johnson, is there any requirement that you have tools or weapons that can deal with elephants if they get loose?
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Ms. JOHNSON. There is a requirement by both Federal and State that you have control of the elephant you are working with. We do that, again, basically with the relationship that we have with them and the good training that they have. We do use a guide with them at all times.
Mr. SCOTT. Any requirement that weapons be available?
Ms. JOHNSON. No, sir.
Mr. SCOTT. Mr. Doyle indicated that during the situation he was involved in, they were looking around for weapons and didn't have anything appropriate nearby.
Ms. JOHNSON. I am sorry, we have never, never been in any sort of situation close to that. We would go back to the training and how you would choose the personality of the elephant you would use in the first place. We have a responsibility to the public to put animals out that are going to be safe.
Mr. SCOTT. Mr. Rawls, you indicated the insurance premiums did not indicate circus elephants constituted a high liability risk. Do you know how the insurance premiums for a circus with elephants compares to insurance premiums for other sports events, car races and those kinds of things?
Mr. RAWLS. No, sir, I don't, but I do know that the coverage for the circus liability which includes the rides is less than my coverage for the automobiles.
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Mr. SCOTT. What about workers compensation?
Mr. RAWLS. Workers compensation depending on what State you are from, I think it is based on different factors. Workers compensation depending on which portion of the industry you work in is regulated, I think, the same as any other mainstream business. If you have someone who works in a particular occupation, it is more dangerous but it is not exorbitant enough not to be able to afford. We certainly have workers compensation.
Mr. SCOTT. Mr. Chairman, may I ask one more question?
Mr. CHABOT. Yes.
Mr. SCOTT. Mr. Rider, are any elephants suitable for rides and are any other animals suitable for rides?
Mr. RIDER. When you say is any elephant suitable for a ride, you never know. If that elephant decides to turn and get mad, walk away, run, do whatever it wants, it is going to do it. You are not going to stop it. So is there an elephant that can be made to give rides? It might be made to give rides but sooner or later, if you mistreat that animal or something and it turns, you are not going to be able to stop it.
Mr. SCOTT. Would this apply to any other animal, say horses?
Mr. RIDER. I am not familiar with horses myself. You would have to ask someone who is familiar with horses.
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Mr. CHABOT. The gentleman's time has expired.
The gentleman from Georgia, Mr. Barr, is recognized for 5 minutes.
Mr. BARR. I think the most disturbing thing about this hearing today is the forum in which we find ourselves. The five proponents of this legislation are not before a Committee on Agriculture, which deals with regulating agricultural and animal products; they are not before a Commerce Committee or subcommittee which regulates different aspects of interstate commerce. They have come here before the Crime Subcommittee and I would like the audience and the American people to understand that.
They are asking for this Congress to pass a Federal law that will empower the FBI, indeed perhaps require the FBI, to seek to put U.S. citizens in jail simply for having an elephant in a circus or for a ride. They want American citizens put in jail for that. Let us cut through all the nice talk about regulations and making sure the public is protected.
Rather than take the time to work in proper forums, maybe it would take a little more time, maybe they wouldn't get quite the exposure they would like, the sound bites, they have come before this committee and asked this committee to amend the criminal code of our country.
I don't know how may of the proponents of this legislation have actually read it or how familiar they might be if at all with the U.S. Criminal Code which is Title 18. You all might want to take a look at Title 18. You might perhaps ask yourself why this particular legislative proposal you are in favor of which would amend Chapter 89 of the U.S. Criminal Code, you might ask yourself what else is in Chapter 89 of the Criminal Code. You will find there is only one other provision in there, transportation of dentures.
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You might also ask yourself why, for example, this legislation is not proposed for Chapter 3 of the U.S. Criminal Code which has to do with animals and wherein you would find there is a provision that was placed in the Code just a year or so ago, less than a year ago, regarding depiction of animal cruelty.
You might also ask yourself if you care to read this particular statute you all are in favor of and some are proposing to criminalize simply keeping a particular elephant, any elephant, in a circus or in a show or for a ride, why it covers only elephants if they are so inherently dangerous in your eyes, why it covers only elephants at traveling shows. Are patrons that come to a show that is in a permanent location less worthy of the protection of the Criminal Code? Are the elephants in such locations inherently less dangerous or not dangerous?
I ask that certainly not to encourage you to broaden the statute but simply to ask yourselves some questions as to why the particular statute was drafted in this way. I suspect it is because you probably didn't read it carefully, and I don't know how carefully it was crafted.
It doesn't define its terms; it doesn't define what a show is; it doesn't define what a circus is and those terms, as far as I can tell, are no where defined in the Criminal Code, which leads me to conclude this would be a very difficult if not impossible statute to enforce.
If you were really serious about doing something to address the problem that to one degree or another I think you have correctly identified as a problem, then I think you ought to go back and start with some basics and do a little more homework, not in terms of your understanding. I am not saying you don't know what you are talking about. I don't mean to imply that at all, but in terms of the way Federal laws are crafted, the proper jurisdiction for Federal law, the job that a U.S. attorney who would have the responsibility for enforcing the statute would have, the impossibility that would face the U.S. attorney trying to enforce this statute because of the vagueness of its terms and there are other problems as well. We don't need to belabor it here.
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I am left with the conclusion that you haven't really done your homework, or those proposing it really haven't. There may very well be some provisions of Federal law that need to be tightened to more properly regulate this sort of activity and provide more protection to the public.
One could take the shock videos, and I know people use them a lot, particularly those familiar with the way media can manipulate people, and bring one in here and show us a tragedy that has happened in any activity whatsoever. I guess your answer to that would be we need to outlaw automobile racing, outlaw air shows, outlaw the right people have to maintain dogs because after all, dogs do attack people.
There as a very tragic story in today's paper about a U.S. Census worker who apparently was attacked and killed by some dogs at somebody's yard in a rural area. Do we outlaw the Census?
I think what you have done here is come in here looking for publicity, to draw publicity to a problem, but you have blown it out of proportion. You are using a cannon where perhaps something much more particularized and focused would do you all a lot better.
I would simply encourage the proponents both in the Congress and in the private sector to not give up your efforts, not abandon your efforts to address this issue, but to do a better job of starting at the proper level and really coming up with something that makes sense, that will actually work. If this statute were enacted, it wouldn't work. I am telling you that as a former U.S. Attorney, as a former prosecutor. It is not properly drafted.
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In fairness to you and those you represent so eloquently, I think you need to do a bit more work and perhaps start at a lower level to look at this as a regulatory matter and down the road if that doesn't work, maybe look at something different.
Thank you, Mr. Chairman.
Mr. CHABOT. The gentleman's time has expired.
The gentleman from Florida, the distinguished chairman of the Appropriations Committee, Mr. Young, is recognized for 5 minutes.
Mr. YOUNG. I want to compliment all the witnesses today for what I consider to be a very responsible and logical response to these questions. Your presentations were certainly thought provoking.
I want to suggest to my friend, Mr. Barr, the reason we thought this subcommittee should have first crack at this bill is because you all are experts at writing the right words at the right places. We call on you for your help to make sure this bill is properly written and it is the kind of legislation that is workable.
My interest is very broad here. I grew up in a little town in Western Pennsylvania and one of the things I remember about that time in my life was going to the Highland Park Zoo and some of you who are in the zoo business, I am sure you know the Highland Park Zoo. The only thing I remember about that zoo is seeing the elephants. I was really impressed and to this day, I am impressed when I see an elephant.
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Also a few years back, there was a full length animated movie that caught the attention of kids all over this country, Dumbo, the movie of the flying baby elephant. People fell in love with baby elephants.
I compliment the video we just saw showing the elephants at play without restraints, without any trainer hitting or clubbing. I was really impressed with that but I saw other videos that were not shown here today. I saw the video of a baby elephant, a Dumbo if you will, who was beaten into submission, beaten to the point that this baby elephant squealed and yelled and screamed obviously in pain and in fear. That offends me.
Then I saw other videos of elephants with legs chained on a very short chain so that they could not move about, and probably was necessary to protect those around them because although Ms. Derby didn't mention this, just a few months ago down in the area that I represent in Florida, a woman was killed by an elephant, not by one who was performing, not by one that was being ridden, not by one that was being exhibited, but was killed by one that she was, in effect, babysitting between road trips.
Then I saw another video. It may not have been the same train that was on this last video but it was a circus train that pulled up to a stop, the elephants were brought off the train and they were lined up with their tails to the cars and this one elephant kept repeatedly getting hit in the eye with the hook of the ankus, repeatedly, one after the other, after the other, after the other merely to make that elephant get in line with the other elephants. That offends me.
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Somebody explain to me what is the difference in the video we just saw here and the videos that I have just explained? Maybe both of them are right but there is one that is very offensive to me and to children around this country who love circuses, by the way, and who love elephants, but we need to sort this out. We need to protect not only the people who possibly and potentially are threatened by these elephants that go on a rampage and we have to give some thought to how these elephants are trained, how they are abused, how baby elephants are beaten so they squeal so loud you can't hear any other noises around them. There is something wrong with this picture.
That is why I am interested in getting to a conclusion of some kind to protect everybody involved. If anyone would like to respond to the difference in the videos, if I have time left, I would love to hear it.
Mr. CHABOT. It looks like Mr. Rider and Mr. Rawls.
Mr. RAWLS. I would be happy to respond, Representative Young. I certainly agree that there is a responsibility that we have as keepers of these animals and animals in our charge to be responsible and to be caring individuals when we are taking care of these animals.
I would assert here that the vast majority of us do and we don't condone the kind of treatment that you are talking about in the videos that we have not seen. We don't condone that kind of treatment whatsoever. We would certainly say we want that treatment to stop. It would stop with the elephants I am responsible for and I know Kari Johnson is responsible for hers. They belong to her, she loves them, she cares about them.
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I would also like to point out that Mr. Rider said that the people who were responsible for the activities he saw were no longer working for the organization they were working for when this happened. I would sincerely hope that is because responsible management saw to it those people weren't working there anymore.
Mr. CHABOT. Thank you.
Mr. Rider?
Mr. RIDER. In response to that, my superintendent was in the video, Mr. Randy Peterson was my superintendent and is still employed there. He is the one that hooked Nicole.
As far as these stocks go, I worked them for 2 1/2 years. As afternoon barnman, I rode every day that train moved. I was there from 3:30 p.m. to 10:30 p.m. There was never a heater inside the elephant container or stock cars in my employment with Ringling Brothers. I had to stuff hay going from Cleveland to Boston. I had to put bales of hay in between the door cracks to keep the snow from blowing in on the elephants. There is no air conditioning in the stock cars. There is no drains underneath the elephants. There is drains on the edge but I notice this car here has a misting system. That black misting system is the same one, I don't know if it is, we got that 6 or 7 months before I quit. If you put a misting system with a hose in there, trust me, the girls would tear that down in no time.
They will say it is the responsibility of the barnman to protect it but when you are in the front car and you have elephants in the other car, you cannot see what that other elephant is doing. You only have one person. If I am riding by myself, which was usually the rule, that is all we had. We had misting system whatsoever.
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As far as hosing out the stock cars, I noticed they had this nice black floor in them. The floor I had in my stock cars for 2 years, the urine would seep up between the floor where the English elephant stood and you'd have to walk through this to get to the back car. Those were never hosed out because they would have rusted had we hosed them.
Only during winter quarters in the 2 years I was there did I ever see them paint them. They painted the floor a black. That was gone in a matter of weeks from the urine from the elephants.
I don't want to sit here and carry on about the stock cars, but I will guarantee you that was not the stock car and as far as the employees, only one, whose name is Pat Harmad who worked with Baby Benjamin, is no longer employed. Most of the people in there I know. That was the blue unit in half of that show. I don't know those stock cars. I have never seen them in my 2 years there.
Mr. CHABOT. Thank you, Mr. Rider.
Our last questioner here this afternoon will be the proponent of the bill, Mr. Farr.
Mr. FARR. Thank you very much, Mr. Chairman, and thank you members of the committee for your patience. I want to thank the panel on both sides in bringing this issue.
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The reason this bill is here is to amend the U.S. Criminal Code. Let me tell you what the bill does and what it does not do. The bill only directs interstate or foreign commerce in the use of traveling shows or circuses. Mr. Barr, that is defined as a traveling show or circus which means a show or circus that spends most of its working time each year away from a permanent facility.
It is also for the purpose of allowing individuals to ride elephants. It essentially makes it a crime to do those two things. It does not make it a crime to see elephants, to touch elephants, to contact elephants, to smell elephants, to watch elephants perform. It does not make it a crime to reproduce elephants or to allow for conservation or study elephants. It does not make it a crime to have preserves for elephants. It does not make it a crime to train elephants. It strictly prohibits elephants in a criminal way, the same way that this committee has passed legislation in banning pit bulls, the same way this committee passed legislation last year making the animal crush videos a crime, the same way this committee in the past has passed legislation relating to the transportation of roosters because they are involved in cock fights.
I am on the Agriculture Committee. We have more regulations regulating the transportation of chickens and pigs and cows than we do on elephants. This is about the largest beast on earth, on territorial earth and we are attempting in our society, and I might say the businesses here who came out against it, all indicated this bill would put them out of business, our business will cease to exist if we don't allow animals to be ridden.
I think what you are seeing here is the opposition to this bill is purely on profit and not on what is in the best interest of the public. This is a committee that is to protect the public, the public needs protection and I think the bill is appropriately drafted and certainly we would take amendments this committee might professionally and constructively suggest.
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Thank you.
Mr. CHABOT. Thank you, Mr. Farr.
We want to thank all the members who testified here this afternoon, and I thank all the panelists on both sides who gave very good testimony, you kept within the time limits for the most part and we appreciate that. Thank you again.
At this time, we are adjourned.
[The prepared statement of Ms. Jackson Lee, submitted for the record, follows:]
PREPARED STATEMENT OF HON. SHEILA JACKSON LEE, A REPRESENTATIVE IN CONGRESS FROM THE STATE OF TEXAS
Mr. Chairman, thank you for convening this hearing this morning on the H.R. 2929, The Captive Elephant Accident Prevention Act.
In the past months, I have been approached by advocates and opponents of this bill, including The American Society for the Prevention of Cruelty to Animals and Ringling Bros. And Barnum Bailey Circus. We all can agree that both sides are deeply divided on the necessity of such a legislative action at this point in time.
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I have always been a staunch supporter of animal rights and the need for regulation in order to insure the safety and welfare of all animals. For this reason, I am very concerned about the statistics and allegations expressed by the H.R. 2929.
This bill, H.R. 2929 offered by Representative Farr would amend Title 18 of the United States Code to prohibit anyone from knowingly making any elephant available for 1) use in a traveling show or circus, or 2) the purpose of allowing individuals to ride that elephant.
This bill would impose a misdemeanor charge upon a first time violator of the law and a felony charge upon any repeat offender. In light of the criminal charges that this legislation would assess, I think it appropriate to spend some time analyzing the appropriateness of such penalties.
Currently, elephants are the largest living land animals on Earth, yet for decades have faced extinction due to various reasons including change of habitat and poaching. Under the Animal Welfare Act, the U.S. Department of Agriculture (USDA) is empowered to conduct unannounced inspections.
However, I am still concerned about this issue of regulation and whether or not the Animal and Plant Health Inspection Service and other state and local agencies are able to sufficiently inspect these enterprises to determine whether the elephants are being properly cared for.
A second concern of mine is the safety of continuing to allow elephants to travel with circuses, or other enterprises, especially those where they perform tricks and give rides to children.
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Thirdly, I would like to receive some clarification as to the actual number of injuries and deaths that have resulted from elephant captivity. Both sides of this debate have offered statistics regarding the danger posed by elephants; consequently, I look forward to hearing from the panel of experts so that we might determine what is the true nature of the threat posed by elephants in captivity.
[Whereupon, at 12:23 p.m., the subcommittee was adjourned.]
A P P E N D I X
Material Submitted for the Hearing Record
Additional information submitted for the record is not printed here but is on file with the House Judiciary Committee's Subcommittee on Crime. A list of these materials follows:
Statement of the American Society for the Prevention of Cruelty to Animals;
Statement of Richard H. Farinato, director of Captive Wildlife Programs, The Humane Society of the United States;
Letter from Gini Barrett, director, Western Regional Office, American Humane Association to the chairman and members of the committee;
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Statement of The Elephant Alliance;
Statement of Feld Entertainment, Inc.;
Statement of Cole Bros. Circus, Inc.;
Statement of Steve Hirano, Pacific Management Consultants, Inc.;
Letter from C.H. Rigdon, Jr., president, Florida Federation of Fairs and Livestock Shows, Inc. to the Subcommittee on Crime;
Statement of Michael Fouraker, the International Elephant Foundation;
Letter from Frances I. Tepper, New York State Association of Agricultural Fairs, Inc. to the Subcommittee on Crime;
Statement of Soso R. Whaley, Literary Llama Zoomobile;
Statement of Larry Records, Records & Burpee Zoo Shows;
Letter from George A. Hamid, Jr., president, Circus Producers Association, Inc. to the Subcommittee on Crime;
and statement of Robert W. Johnson, executive director, Outdoor Amusement Business Assoc., Inc.
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