Last week I covered what the OAG/Charitable Trust Division did not want you to know about this case.
Just like the OAG/Charitable Trust Division, the USDA/APHIS doesn’t want anyone to learn how far they bent over backwards to give the Asvestas’ and the WAO a “pass.”
As reported in the June 24, 2009 blog posted titled “USDA Caves Under Pressure,” the USDA, like the OAG, took more of a “wait and see” approach towards this case, rather than conduct a full-fledged investigation into the WAO's management activities.
One would think that when the Asvestas’ refused to turn over past and current animal records to the TCEQ, USDA, and OAG, claiming they did not have the right to see the records, red flags would have been flying all over the “field.”
Let’s examine the USDA/APHIS case against the WAO:
In October 2006, the WAO’s own attorneys expressed concern regarding the transfer of animals between the Leslie and Talley Road properties. Carol Asvestas was well aware that she could not transfer animals between a regulated and an unregulated property without written consent from the USDA since she requested Boris (Russian Brown Bear) be transferred back from the Talley to Leslie Road facility.
Even when the WAO was under investigation for transferring animals back and forth from the two properties, Carol Asvestas elected to move more animals without the USDA/APHIS approval, much to the chagrin of the WAO attorneys.
Even when the WAO attorney encouraged Carol Asvestas to turn over the dead animals buried at Talley Road to their office, Carol refused to do so, claiming the information, if made public, would be embarrassing to the WAO.
So, instead of turning over the animal records (assuming there were even records kept on file), Carol Asvestas had the attorney’s claim that the records were destroyed in a flood of June 2002. Needless to say, there were no records “destroyed” during the 2002 flood as “Big Cats in Crisis” was filmed during and after the flood. Not once did the camera person show any flood waters on the floor. You can see everyone moving around the office without any problems. Plus, an OSHA complaint indicated the only water that entered the WAO office was in one office corner whereas the water rose about an inch off the floor. Since the animal records were kept in a metal four-drawer cabinet (located in the center of the office), even if the records were in the bottom drawer, the records would have still been dry.
In September 2006, the WAO received a federal subpoena from the USDA for animal care records from October 1, 2003 to September 6, 2006. The WAO gave up the records for the Leslie Road property, but refused to provide any animal care records for the Talley Road property. Apparently, Carol Asvestas claimed the USDA did not have the right to these records because she “believed” that the Talley Road property was not covered under the WAO exhibitor’s license, and therefore the USDA did not have the right to know what animals lived and died on this property. I was told when the USDA first asked for animal care records for animals living even at Leslie Road, Carol Asvestas told the inspectors that the records were located at Talley Road, as so they were not entitled to the records! Then, Carol moved animals from Leslie Road to Talley Road, so she could hide some of the Leslie Road animals from the inspectors (example: Sabu the lion and Jake the White Crowned Mangabey).
You may be asking, what was Carol Asvestas hiding at Talley Road? The animal burial pits? Unaccountable animals? Whatever the reason, Carol Asvestas did not want the public to know what was happening to the animals once they went to Talley Road. The WAO attorney challenged the USDA’s jurisdiction over the unregulated property’s records, so the matter was turned over to the USDA’s legal division. The WAO’s attorney warned the WAO directors that if they continued to refuse to turn over the requested records, it is likely that the USDA would open up an administrative case based on their refusal. It was the advice of the WAO’s attorney that Carol Asvestas turn over the records so as to avoid this legal action against the WAO.
What I do not understand is why the USDA renewed the WAO’s exhibitor’s permit (it was up for renewal in February 2007) since the WAO kept stalling in providing the animal inventory listing and refused inspectors on the Talley Road property, even into 2008!
So, back in December 2006, Carol Asvestas refuse to provide documents regarding the WAO animal inventory for both Leslie and Talley Road (alive and deceased) to the Texas OAG and USDA/APHIS.
In January 2007, the USDA/APHIS’ main concern was whether or not little Rex’s (lion cub) death was accidental or the result of incompatible grouping; whether monkeys need to be provided heat when temperatures drop below 45F degrees; and whether or not the Talley Road property is subject to USDA regulations.
Okay, now let’s take a look at some of the issues that concerned the WAO attorney in January and February 2007:
USDA Exhibitor’s License
Maintain a file of renewal license applications and other governmental correspondences;
Allow the USDA access to the WAO facilities, animals, and records for both properties;
Fully comply with the USDA subpoena by providing the requested Talley Road animal records.
Animal care records
Basic animal care records were kept on the Leslie Road animals, but the Talley Road animal records were not routinely kept and updated. WAO should create and maintain a uniform system of animal care records (from intake to death) for both properties;
A review of the Animal Welfare Act by the animal caretakers should take place immediately to ensure animal records include all the required information.
Use USDA/APHIS forms to keep records of the dogs and cats up for adoption;
Identify dogs and cats with official USDA tag and keep the required animal records for each tagged animal.
Veterinary Issues
Establish a written animal care agreement between the WAO and attending veterinarians;
Partner with the veterinarians to write a program of veterinary care that addresses standards set forth in the Animal Welfare Act regulation;
Create, with the assistance from attending veterinarians, an enrichment program for the non-human and human primates as defined by the Animal Welfare Act;
Schedule, at a minimum, a visit by the attending veterinarian on an annual basis to provide a physical exam for each animal and document the visits in the animal care records.
Animal Housing Issues
Ensure animal housing at both the Talley and Leslie Road facilities, meet the standards with regard to temperature, construction, and cleanliness as set forth in the Animal Welfare Act regulation;
Provide heat to non-humane and human primates when the temperature drops to 45F or below.
Disposal of Dead Animals
Dig up and properly dispose of the dead animals currently buried on the Talley Road property (2 pits at 12 feet x 12 feet each);
Properly dispose of dead animals in accordance with TCEQ regulations.
Needless to say, this is just a small itemized list of actions that needed to be corrected so the WAO would be in compliance with the Animal Welfare Act. What is ironic is that the WAO attorney was more concerned about these items, than apparently the USDA!
After all, the USDA went from four significant finding in its initial March 2007 Settlement Agreement to just one charge in its 2009 Settlement Agreement. All animal related charges were dropped, essentially telling me this agency did not care one bit about all the animals that either froze to death, or the animals that were not compatible forced to live together resulting in severe injuries and deaths. And what about the unseemly number of animals that died at the WAO within a three year period? Shouldn’t someone memoralize those precious lives that died during the USDA/APHIS’ “investigation?”
If you thought the USDA/APHIS’ mission is to protect and defend animals kept in captivity, then think again.
I provided a rather extensive list of Animal Welfare Act violations to the USDA/APHIS over the years to include the items listed above, along with several pages of additional violations. I found it interesting that the WAO attorney had a lot more insight of the WAO violations than the WAO Board of Directors.
As Karen Maxfield admitted in February 2007, all these legal issues are "over my head." I have no doubt these issues were way over everyone's head and it appears everyone hoped someone else would magically correct the animal and operational issues based on the lack of board interest in this case.
2007 was the year the WAO began it's descent towards closure. What is so sad is that the WAO could have been saved if qualified members sat on the board and not a box of rocks.
Okay, now let’s take a look at some of the issues that concerned the WAO attorney in January and February 2007:
USDA Exhibitor’s License
Maintain a file of renewal license applications and other governmental correspondences;
Allow the USDA access to the WAO facilities, animals, and records for both properties;
Fully comply with the USDA subpoena by providing the requested Talley Road animal records.
Animal care records
Basic animal care records were kept on the Leslie Road animals, but the Talley Road animal records were not routinely kept and updated. WAO should create and maintain a uniform system of animal care records (from intake to death) for both properties;
A review of the Animal Welfare Act by the animal caretakers should take place immediately to ensure animal records include all the required information.
Use USDA/APHIS forms to keep records of the dogs and cats up for adoption;
Identify dogs and cats with official USDA tag and keep the required animal records for each tagged animal.
Veterinary Issues
Establish a written animal care agreement between the WAO and attending veterinarians;
Partner with the veterinarians to write a program of veterinary care that addresses standards set forth in the Animal Welfare Act regulation;
Create, with the assistance from attending veterinarians, an enrichment program for the non-human and human primates as defined by the Animal Welfare Act;
Schedule, at a minimum, a visit by the attending veterinarian on an annual basis to provide a physical exam for each animal and document the visits in the animal care records.
Animal Housing Issues
Ensure animal housing at both the Talley and Leslie Road facilities, meet the standards with regard to temperature, construction, and cleanliness as set forth in the Animal Welfare Act regulation;
Provide heat to non-humane and human primates when the temperature drops to 45F or below.
Disposal of Dead Animals
Dig up and properly dispose of the dead animals currently buried on the Talley Road property (2 pits at 12 feet x 12 feet each);
Properly dispose of dead animals in accordance with TCEQ regulations.
Needless to say, this is just a small itemized list of actions that needed to be corrected so the WAO would be in compliance with the Animal Welfare Act. What is ironic is that the WAO attorney was more concerned about these items, than apparently the USDA!
After all, the USDA went from four significant finding in its initial March 2007 Settlement Agreement to just one charge in its 2009 Settlement Agreement. All animal related charges were dropped, essentially telling me this agency did not care one bit about all the animals that either froze to death, or the animals that were not compatible forced to live together resulting in severe injuries and deaths. And what about the unseemly number of animals that died at the WAO within a three year period? Shouldn’t someone memoralize those precious lives that died during the USDA/APHIS’ “investigation?”
If you thought the USDA/APHIS’ mission is to protect and defend animals kept in captivity, then think again.
I provided a rather extensive list of Animal Welfare Act violations to the USDA/APHIS over the years to include the items listed above, along with several pages of additional violations. I found it interesting that the WAO attorney had a lot more insight of the WAO violations than the WAO Board of Directors.
As Karen Maxfield admitted in February 2007, all these legal issues are "over my head." I have no doubt these issues were way over everyone's head and it appears everyone hoped someone else would magically correct the animal and operational issues based on the lack of board interest in this case.
2007 was the year the WAO began it's descent towards closure. What is so sad is that the WAO could have been saved if qualified members sat on the board and not a box of rocks.
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