Following the 2002 death of Rex, a 16-year-old chimpanzee at the Alamogordo Primate Facility (APF), the New Mexico Supreme Court is determining if his death was due to abandonment/neglect or if staff conduct fell within the definition of “practice of veterinary care.”

In 2002, Ashley, another 16-year-old chimpanzee, died at APF after severe blood loss and in 2003, Topsy, 26 years old, was severely injured but recovered. Both of these chimpanzees fell under the veterinary care exclusion making action on their behalf not possible. Criminal charges against a laboratory are not possible under the veterinary care exclusion provided by law.

Prosecutors said Rex was disconnected from medical devices after anesthesia and suctioning to keep him from choking. Animal care workers left after instructing security to check on him.

Charles River Labs (CRL), under a 10-year contract with the National Institute of Health, says it provides humane treatment for the chimpanzees. CRL argues that its handling of Rex, Ashley, and Topsy falls under veterinary exclusion. New Mexico Assistant Attorney General Max Shepard said that the case is “about a decision to not provide any health care after 4pm. The state alleges this does not constitute the practice of veterinary care. This was a business decision, a save-money decision.”

The New Mexico legislature recognized in 2001 that an exemption for research labs under the state’s criminal animal cruelty statute was not justifiable (such blanket exemptions are common in many states). The New Mexico legislature’s action was prompted by ongoing abuses at the Coulston lab and the federal government’s inability, given the cruelty law exemption, to effectively intervene.
 

“Chimpanzees who survive a laboratory and humans who survive traumas share a common suffering,” says co-author Theodora Capaldo, EdD, director of Project R&R: Release and Restitution for Chimpanzees in U.S. Laboratories, a campaign of the New England Anti-Vivisection Society (NEAVS). “Yet, science imposes a species barrier on compassion. Only Homo sapiens are allowed true protection from research. Our findings bring a truth to the table: In the face of suffering and fear, trauma is common to us all.”

The paper is co-authored by Gay Bradshaw, PhD, PhD, Lorin Lindner, PhD, MPH, Gloria Grow, founder and director of Fauna Foundation sanctuary, and Dr. Capaldo.

The paper analyzes case material of two chimpanzees rescued from research, Jeannie and Rachel. Diagnosed with complex PTSD, they show that chimpanzees, like humans, suffer when confined, stripped of agency, repeatedly physically injured, and subjected to constant fear and stress. Jeannie and Rachel’s symptoms — hypervigilance, dissociating, violent self-attacks, insomnia, ritualistic behaviors, inability to tolerate touch and limited social skills — are representative of human trauma survivors as well as other chimpanzees from research.

“The paper challenges a system that likens chimpanzees to humans when attempting to justify their use to study human biological disease, but refuses to acknowledge the full extent of their emotional, behavioral and cognitive similarities since that acknowledgement argues against their use,” says Dr. Capaldo.

Jeannie before at LEMSIP and Jeanne after in sanctuary.
Photos: Fauna
Read Jeannie’s story here.

• Read our Executive Summary
• Order the Journal Online

A bi-partisan group in Congress today introduced The Great Ape Protection Act to end invasive research and testing on an estimated 1,200 chimpanzees remaining in U.S. laboratories. The bill would also retire approximately 600 federally owned chimpanzees currently in laboratories – many for more than 40 years already – to permanent sanctuary. U.S. Representatives Edolphus Towns (D-N.Y.), David Reichert (R-Wash.), Jim Langevin (D-R.I.), and Roscoe Bartlett (R-Md.) introduced the legislation, along with Bruce Braley (D-Iowa), Tom Allen (D-Maine), John Campbell (R-Calif.) and Mary Bono Mack (R-Calif.) also as original cosponsors.

According to Wayne Pacelle, president and CEO of The HSUS, “The remarkable cognitive ability of chimpanzees makes this an urgent moral issue requiring immediate action in Congress.”

Theodora Capaldo, Ed.D., president and executive director of NEAVS’ Project R&R: Release and Restitution for Chimpanzees in U.S. Laboratories, adds, “With passage of this bill, the United States will join other scientifically advanced nations that have already banned or severely limited the use of chimpanzees, and all great apes, in research. It’s the right thing to do. It’s time.”

“I have always been a strong supporter of animal protection,” said Congressman Towns. “This legislation is an important step towards protecting chimpanzees from inhumane treatment.”

Congressman Reichert added, “I’m excited to bring this bill to the attention of the House with hopes of phasing out the inhumane and unproductive practice of invasive research on great apes.”

The bill is supported by The Humane Society of the United States and the New England Anti-Vivisection Society’s Project R&R along with other organizations and world-renowned chimpanzee experts and leaders. The HSUS Chimps Deserve Better Campaign and NEAVS’ Project R&R have spearheaded efforts to educate the public about the use of chimpanzees in research and testing, drawing unprecedented support for this bill not only from the public but also from more than 300 scientists, physicians, and educators.

The U.S. is the largest remaining user of chimpanzees in biomedical research in the world. England, Sweden, New Zealand, the Netherlands, Austria, and Japan have banned or limited their use. The cost to U.S. taxpayers for chimpanzee research and maintenance is estimated at $20 – 25 million per year, money that many in the scientific community believe could be allocated to more effective research.

“As a scientist who worked with chimpanzees on research projects, I believe the time has come to limit invasive research on these animals and rigorously apply existing alternatives,” stated Congressman Bartlett.

Time is running out for chimpanzees in U.S. laboratories. An estimated 90 percent of them are considered elderly. A survey conducted in 2005 by an independent polling company found that 71 percent of the American public agrees that chimpanzees held in a laboratory for 10 years or more should be retired and that Americans are twice as likely to support a ban as to oppose it.

“I am so proud to be a sponsor of this legislation,” said Congressman Langevin. “I am moved by the sophisticated social and emotional capacity chimpanzees exhibit and believe we have an obligation to do all we can to protect their welfare.”

The HSUS and NEAVS’ Project R&R are encouraged by the strong, receptive support legislators are giving this bill.

Timeline

April 17, 2008: The Great Ape Protection Act introduced in the House of Representatives by Representatives Towns, Reichert, Langevin and Bartlett with four co-sponsors.

December 2007: An amendment to the Chimpanzee Health Improvement, Maintenance and Protection (CHIMP) Act to provide permanent retirement to chimpanzees determined to be no longer needed for research passed Congress. President Bush signed it into law on December 26, 2007.

October 2007: The HSUS launched its Chimps Deserve Better Campaign.

May 2007: The National Center for Research Resources of the National Institutes of Health permanently ended funding for breeding of government-owned chimpanzees for research.

April 2006: Project R&R: Release and Restitution for Chimpanzees in U.S. Laboratories, a national campaign of the 113-year-old New England Anti-Vivisection Society, launched in Atlanta, which is home to the first dedicated chimpanzee laboratory.

April 2005: The federally funded national chimpanzee sanctuary system, run by Chimp Haven, took in its first chimpanzee residents, adding to the hundreds of chimpanzees already retired in privately funded chimpanzee sanctuaries in the U.S. and Canada, including Save the Chimps and Fauna Foundation.

December 2000: The CHIMP Act, a bill to create a federally funded national sanctuary system for the retirement of chimpanzees following their use in research, became public law. This law also conferred special moral status to chimpanzees by prohibiting killing them as a matter of convenience to laboratories.

Facts:

• Of the estimated 1,200 chimpanzees in nine U.S. laboratories, approximately half are government owned or supported.
• The government spends $20 – 25 million per year on care of chimps in laboratories. The lifetime care of one chimpanzee costs $300,000 to $500,000.
• Approximately 150 chimps have been retired to the federally funded national chimpanzee sanctuary system. Approximately 500 more chimps previously used in research – including military, air and space research – reside at private sanctuaries in North America.

Media Contacts: Elizabeth Bergstrom/HSUS: 301-258-1455, ebergstrom@humanesociety.org,
Karen Smith/NEAVS Project R&R: (o) 617-523-6020, (c) 617-413-0611, ksmith@neavs.org

The Humane Society of the United States is the nation’s largest animal protection organization – backed by 10.5 million Americans, or one of every 30. For more than a half-century, The HSUS has been fighting for the protection of all animals through advocacy, education, and hands-on programs. Celebrating animals and confronting cruelty – On the web at humanesociety.org.

Project R&R is a national campaign of the New England Anti-Vivisection Society (NEAVS), one of the country’s oldest animal protection organizations, founded in 1895. NEAVS focuses on replacing animal experiments in laboratories and classrooms with ethically and scientifically better and more humane alternatives. – On the web at releasechimps.org.

“Congress annually considers… appropriations measures, which provide funding for numerous [federal] activities, …[and] general government operations such as the administration of federal agencies.” (http://appropriations.house.gov/) The House and Senate Appropriations Committees control about 40% of total federal spending for a fiscal year. The House and Senate legislative committees control the remaining approximate 60% of funding. Appropriations considers and accepts testimony for the record from interested parties.
Read the complete testimony here.

NEAVS/Project R&R’s testimony is an important reminder to legislators that the animal model is not a research model of choice, cost-benefit or necessity. A key emphasis in our 2009 Appropriations testimony submitted is for the reallocation of funding for chimpanzee research into funding for non-animal methods. The testimony’s suggestions are substantiated with scientific, ethical, economic and public opinion arguments.

Key Points from 2009 appropriations testimony:

NEAVS/Project R&R requests that no federal funding be appropriated for:

• breeding of chimpanzees or other great apes for research
• transfer of federally-owned chimpanzees to private ownership
• housing/maintenance/endowments for federally-owned chimpanzees in private facilities
• maintenance of surplus chimpanzees except in retirement in sanctuary
• research involving the use of chimpanzees

NEAVS/Project R&R requests that federal funding be appropriated for:

• transfer of federally-owned chimpanzees into sanctuary
• housing/maintenance grants for federally-owned chimpanzees in sanctuary
• retirement of all “surplus” chimpanzees now held in laboratories
• reallocation of funding for chimpanzee research into funding non-animal research methods

NEAVS/Project R&R has submitted testimony in the past on important funding concerns for animal in laboratories such as:

- Department of Health and Human Services: Proposed Rules on Standards of Care for Chimpanzees Held in the Federally Supported Chimpanzee Sanctuary System (2005)
Read testimony here.

- House and Senate Committee on Appropriations Subcommittee on Labor, Health and Human Services, Education and Related Agencies Testimony: Requesting that federal funding for breeding chimpanzees for research, or for projects that require breeding, be terminated. (2007)
Read testimony here.

© 2008 The Associated Press

AUSTIN — An 18-year-old research chimpanzee was shot and killed after he escaped from an enclosure at the M.D. Anderson Cancer Center facility in Bastrop.

A team that specializes in safe animal capture tried to catch the chimp, named Tony, for 45 minutes after he escaped Wednesday. They used “at least one tranquilizer dart” before a 5-year-veteran of the police department fatally shot the animal, said assistant Police Chief Thomas Engells with the University of Texas M.D. Anderson Cancer Center in Houston.

It was the second time in five months that a chimp has escaped from the Michale E. Keeling Center for Comparative Medicine and Research.

In November, a 17-year-old chimpanzee named Jake escaped from his enclosure and had to be sedated after a search lasting several hours on the 381-acre property. Jake was returned safely to his enclosed area.

The animal rights group People for the Ethical Treatment of Animals has filed a formal complaint with the U.S. Department of Agriculture, alleging failure to ensure structurally sound housing and qualified personnel to care for the animals.

“Chimpanzees are intelligent, sensitive, and resourceful — they shouldn’t be incarcerated in laboratories in the first place,” said Debra Durham, a PETA primate specialist. “Research on chimpanzees is banned in many countries. The very least that this laboratory can do is ensure that these animals have safe living spaces.”

Christian Abee, director of the center, said standard operating procedures were followed after the escape.

“A chimpanzee escape is an extraordinarily rare event in most circumstances,” he said. “We are taking statements to determine what happened.”

Counselors will be available at the center for the center’s 120 employees.

“A tragic event of this type takes its toll on our caregivers,” Abee said.

The police department will investigate the incident, standard procedure when an officer discharges a weapon.

Article link: http://www.chron.com/disp/story.mpl/ap/tx/5617207.html

As Project R&R reported to you last week, the House and Senate passed the “Chimp Haven is Home Act.” (See below.)  The bill was signed into law yesterday by President Bush, prohibiting all “retired” chimpanzees in federal sanctuary from ever being returned to research.  Thus, the original intent of the 2000 CHIMP Act — to provide permanent protection from research — has been secured.

Project R&R received wonderful news last night – the Chimp Haven is Home Act passed! We reported to you earlier that it passed the Senate. Though it took a bit of last minute work by Congressman McCrery’s and Senator Burr’s staff, it gained approval in the House as well.  Linda Brent, Ph.D., President and Director of Chimp Haven, the national chimpanzee sanctuary, thanked Dr. Jane Goodall, NEAVS, Arcus, NAVS, HSUS and everyone who “work[ed] so hard on behalf of the chimpanzees!” The bill now awaits President Bush’s signature to become law.

Theodora Capaldo, Ed.D, President and Director of NEAVS/Project R&R noted that “Most significantly, passage of this amendment reinstates the original intent of the CHIMP Act which is to provide permanent sanctuary for chimpanzees ‘retired’ from research.”

Most of the chimpanzees who are “retired” from research are elderly, in ill-health or simply too compromised from past research to be used in future research and therefore unlikely to have ever been called back. However, passage of this amendment is a moral victory in that it acknowledges not only the right to retirement but the right to have that rescue from research be permanently guaranteed. Such permanent protection has been afforded chimpanzees rescued from research and welcomed at privately funded sanctuaries like Fauna Foundation and Save the Chimps. It is important that those retired into Chimp Haven, the national sanctuary system, funded in large part by the government, be afforded the same protection.

Project R&R commends Congressman McCrery and Senator Burr for their leadership and compassion in helping to realize the true and original intent of the CHIMP Act by securing passage of the Chimp Haven is Home Act 2007. We extend a special thanks to all of our supporters who wrote letters and made calls to their own legislators asking for their support of this important legislation.

Click here to read the news story…

“We are very happy to report that they are adapting nicely to their new home,” relays Fauna founder and director Gloria Grow. “We are all delighted to have Maya, Sophie, and Spock join our chimpanzee family.”

She continues: “Spock is gentle, savvy, and easy going. Maya is sweet and engaging, after her initial short bout of shyness. She was the first to start grooming Sue Ellen through protective bars. Sophie is a bit more reserved and more of an observer. But she is excited and delighted to have free choice of fruits and vegetables. She seems to already know that there will always be enough—and not rations—so she has stopped taking Maya’s fruit which, of course, has given Maya a whole new lease on life’s little delights as well!”

The three chimpanzees were used in cognitive behavioral research when they were young. They were subsequently transferred to the Quebec City Zoo, where despite good care, they still lived the life of a zoo chimpanzee – constantly “on display” with strangers all around them.  The three chimpanzees arrived accompanied by their favorite caregiver who moved into Fauna for some weeks to help with their transition. After decades at the zoo, the zoo was forced to close as a result of city development. When it closed, Fauna immediately said yes to providing the chimpanzees lifetime care.

“When we first introduced them to their new enclosures, Sophie walked right in, sending a message to Maya and Spock that all was safe. It was moving to know that our sanctuary felt comfortable to them right from go,” explained Gloria in a recent phone interview. Sue Ellen, Pepper, and Jethro were the most delighted to meet them.

Their first night was restful - a positive sign - although the Fauna chimps did their fair share of making a lot of loud noise.  But, given how the three new arrivals reacted, they all calmed down with only periodic interruptions of more hoots and hollers.

The enclosures provided to the new arrivals are spacious and afford them several different living options… a large room, smaller rooms, outdoor access, and overhead chutes which, according to Gloria, is already Maya’s favorite spot. Said Gloria: “Their main living area includes neighbors on either side. Like any ‘new neighborhood’ arrangement, one set of neighbors was very welcoming and showed special interest.  Sue Ellen and Pepper seem, in the chimp world, to manifest all the qualities of great neighbors:  interested but patient, and very helpful in bridging the sometimes difficult or scary transition into a new home.”

Finally, after a few weeks of getting to know each other, when the right opportunity presented itself, Gloria lifted the bars between them and the five met openly for the first time, with lots of greetings, hugging, and grooming.

“I am thrilled not only for Maya, Sophie, and Spock, but for our current residents as well. Our holidays at Fauna are going to be that much richer this season because it seems that we all – chimps and humans alike - understand the importance of being kind to strangers and welcoming them as family.”

Plans are to foster socializing Maya, Sophie, and Spock with other Fauna residents as well. Fauna reports great progress is being made to this end as each individual reaches out to whom they want to get to know when they are ready. Gloria feels confident that “it’s only a matter of time!”

Photos courtesy Fauna Foundation 

The Mandatory Alternatives Petition (MAP) would require that instead of using living animals, valid non-animal testing methods must be used whenever they exist. Coalition leaders, including NEAVS President Dr. Theodora Capaldo, are hopeful this comprehensive 62 page petition will serve to bring protection to the millions of animals that suffer and die as a result of archaic and inhumane animal testing.  Read more… (NEAVS website)

• Mandatory Alternatives Petition (PDF)
• Executive Summary (PDF)
• Background Q&A (PDF) 

Related Link:
Mandatory Alternatives Petition Website

Washoe was born in Africa, around September of 1965. Captured in the wild, she was taken from her mother and brought to the United States for the Air Force. Later Drs. Allen and Beatrix Gardner acquired her for their language research.  She was cross-fostered/raised in the Gardners’ home as if she were a deaf human child. She moved with Dr. Roger Fouts and Deborah Fouts to the University of Oklahoma in 1970 and went with them to Central Washington University’s Chimpanzee and Human Communication Institute (CHCI) in 1980.

Washoe was the matriarch of her chimpanzee family and was known for her humor, intelligence and kindness toward both her chimpanzee and human family and friends.

Rachel Carrico-Fouts, daughter of Roger and Deborah Fouts, shared:

“I am deeply saddened today, and realized … that I do not know a world without Washoe…. Her life was the catalyst of so many things for my family, I would not be who I am today if it weren’t for the lessons, friendship, and influence of Washoe in my life. Our family loved her, and will truly miss her, but know that she is in a much better place, now, no longer held captive.” 

“Project R&R extends our heartfelt condolences to the Foutses, Loulis, Tatu, and Dar, and everyone who knew and loved Washoe,” says Dr. Theodora Capaldo, NEAVS President. “Washoe is one of the hundreds of chimpanzees who have helped us learn not only about them, but as importantly, about ourselves.”

Read more:
http://www.friendsofwashoe.org/
http://ap.google.com/article/ALeqM5hNtJe1ce99cEqe8NszC1xV6fpQQgD8SKGOVG0 

Read Project R&R’s Letter-to-the-Editor

Order your copy of this award-winning documentary.

Other distinguished honors this film has received include:
National Emmy
Montana Cine International — Best of Festival
Genesis
Christopher
International Wildlife Film Festival
Chicago International Television Awards
WildSouth Film Festival — New Zealand
US International Film & Video Festival
Explorer’s Club