Announcement of Agency Decision: Density of the Primary Living Space of Captive Chimpanzees Owned or Supported by the National Institutes of Health (NIH) or Used in NIH-Supported Research, 19917-19919 [2014-08062]
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Dated: April 4, 2014.
Leslie Kux,
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The
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Office of the Director, NIH at dpcpsi@
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Background
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Announcement of Agency Decision:
Density of the Primary Living Space of
Captive Chimpanzees Owned or
Supported by the National Institutes of
Health (NIH) or Used in NIH-Supported
Research
This notice summarizes the
agency’s actions to obtain additional
scientific input and announces the
agency’s decision with respect to the
space density of the primary living
space of captive research chimpanzees
owned or supported by the National
Institutes of Health (NIH) or used in
NIH-supported research. The NIH has
prepared procedural guidance and
technical assistance for researchers,
facility staff, and agency staff to ensure
proper implementation of the agency’s
decisions. Investigators should follow
guidance (see NOT–OD–14–024 at
https://www.grants.nih.gov/grants/guide/
notice-files/NOT-OD-14-024.html)
regarding the submission of
applications, proposals, or protocols for
research involving chimpanzees.
sroberts on DSK5SPTVN1PROD with NOTICES
SUMMARY:
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In February 2012, the NIH charged a
working group of the Council of
Councils, a federal advisory committee,
to provide advice on implementing
recommendations made by the Institute
of Medicine (IOM) Committee on the
Use of Chimpanzees in Biomedical and
Behavioral Research in its 2011 report,
Chimpanzees in Biomedical and
Behavioral Research: Assessing the
Necessity. On January 22, 2013, the NIH
Council of Councils (Council) accepted
recommendations presented by the
Working Group on the Use of
Chimpanzees in NIH-Supported
Research in its report (see https://
dpcpsi.nih.gov/sites/default/files/FNL_
Report_WG_Chimpanzees_0.pdf) and
provided these recommendations to the
NIH. The NIH subsequently issued a
request for information, https://
www.gpo.gov/fdsys/pkg/FR-2013-02-05/
html/2013-02507.htm, to obtain broad
public input on the 28 Council
recommendations the NIH considered as
it determined how to implement the
IOM Committee’s recommendations.
In June 2013, the NIH announced its
decisions with respect to the Council of
Councils’ recommendations; see https://
dpcpsi.nih.gov/sites/default/files/NIH_
PO 00000
Frm 00053
Fmt 4703
Sfmt 4703
response_to_Council_of_Councils_
recommendations_62513.pdf. The
agency accepted 27 of the 28 Council
recommendations. Included in these
were 10 recommendations describing
the characteristics of a captive
environment that allow for and promote
a full range of behaviors that are natural
for chimpanzees—or ethologically
appropriate environments (EAE). The
NIH accepted 9 of the 10 Council’s
recommendations on EAE, including
recommendations on enclosure height,
foraging and diet, nesting materials,
enrichment, a staff to chimpanzee ratio,
staff training, and recordkeeping. The
NIH did not accept Recommendation
EA2—‘‘The density of the primary
living space of chimpanzees should be
at least 1,000 ft2 (93 m2) per individual.
Therefore, the minimum outdoor
enclosure size for a group of 7 animals
should be 7,000 ft2 (651 m2).’’—based
on comments received from the public.
Because of concerns about the scientific
basis for this recommendation and the
expected costs of implementing it, the
agency further reviewed the space
density requirements with respect to the
promotion of species-appropriate
behavior.
While a large number of commenters
who addressed Recommendation EA2
supported the recommendation, some
commenters emphasized the amount of
space recommended is the minimum
needed and larger enclosures that more
closely replicate the amount of space
available to chimpanzees in the wild are
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Federal Register / Vol. 79, No. 69 / Thursday, April 10, 2014 / Notices
preferable. Other commenters
encouraged the NIH to identify data in
the scientific literature on the
appropriate area for chimpanzee
housing, while others argued that the
recommended 1,000 ft2 area is arbitrary
and unnecessary, is not based on or is
contrary to the published literature, and
does not accurately reflect the opinions
of some of the experts consulted by the
Council Working Group. Several
commenters noted that certain
publications cited by the Council
Working Group pertain to gorillas or to
spaces smaller than 1,000 ft2. In the
absence of sufficient supporting
scientific evidence, these commenters
did not believe that larger housing
environments would improve
chimpanzee well-being. Others
suggested that rather than establishing
minimum space requirements, the NIH
should consider the complexity and
quality of the environment, including
the opportunity for chimpanzees to take
temporary refuge from other members of
their group.
The agency was concerned about the
lack of scientific consensus and
especially whether the published
literature supports the Council’s
recommendation of providing 1,000 ft2
of living space per chimpanzee. Given
that concern, the NIH sought additional
input on an individual basis on the
space density needs of captive research
chimpanzees from experts with
extensive experience in veterinary
medicine, behavioral management of
primates, renovation of chimpanzee
housing and research facilities, primate
facility management, and behavioral
primatology (https://dpcpsi.nih.gov/
sites/default/files/Space-Density-EAEList-of-Experts.pdf).
Independent of seeking expert input,
the NIH commissioned a literature
review, https://dpcpsi.nih.gov/sites/
default/files/ElseLitReviewFinal110713.pdf, focused on the space
density needed to support an
ethologically appropriate physical and
social environment for captive
chimpanzees in a research environment.
The literature review was prepared by a
pre-eminent veterinary primatologist.
That individual was also asked to
identify, review, and summarize
relevant parts of U.S. regulations and
other requirements.
The relevant animal welfare/
regulatory requirements and guidance
pertaining to the space density needs of
captive research chimpanzees are
summarized in the literature review
(pages 2–4). The Animal Welfare Act
Regulations, https://www.gpo.gov/fdsys/
pkg/CFR-2013-title9-vol1/xml/CFR2013-title9-vol1-chapI-subchapA.xml,
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18:14 Apr 09, 2014
Jkt 232001
list the minimum space requirements
for the nonhuman primate (NHP) weight
category that includes chimpanzees as
25 ft2 for floor area per animal, and 84
inches for enclosure height. 9 CFR part
3.80. The regulations note that many of
the NHP requirements are generic and
the conditions appropriate for one
species do not necessarily apply to
another. Per the regulations, the
‘‘minimum specifications must be
applied in accordance with the
customary and generally accepted
professional and husbandry practices
considered appropriate for each species,
and necessary to promote their
psychological well-being.’’ 9 CFR part 3,
n. 2. The Chimpanzee Health
Improvement, Maintenance, and
Protection (CHIMP) Act (Pub. L. 106–
551; https://www.gpo.gov/fdsys/pkg/
PLAW-106publ551/pdf/PLAW106publ551.pdf) directs the Secretary of
Health and Human Services to develop
by regulation standards for operating the
federally supported sanctuary system to
provide for the permanent retirement of
chimpanzees that are no longer required
for research. The regulations (42 CFR
part 9) that implement the CHIMP Act
do not specify enclosure size but
stipulate that the size of the sanctuary
facilities must be in accordance with the
recommendations of The Guide for the
Care and Use of Laboratory Animals,
which align with the minimum space
requirements of the Animal Welfare Act
Regulations. The Association of Zoos
and Aquariums and the Global
Federation of Animal Sanctuaries
recommend space densities that differ
from each other and from the one in
Recommendation EA2.
The remainder of this document
summarizes the literature review and
expert input.
Literature Review—Summary
The literature review revealed very
limited empirical data is available on
which to base a determination of the
minimum space density necessary to
provide an EAE for captive
chimpanzees, and no quantitative data
was found to support the figure of 1,000
ft2/individual chimpanzee. Relatively
few investigators have reported data that
measure chimpanzee well-being using
space density as a variable, with Ross
and his colleagues, who have been
studying enclosure design in zoos for
more than 10 years, being one of the
notable exceptions. Ross et al. (2011a)
postulated that once the ‘‘minimal size
threshold is crossed’’ (as they
speculated could possibly be the case
with their Great Ape House facility—
space density 12.2 m2/individual) they
‘‘would then expect diminishing
PO 00000
Frm 00054
Fmt 4703
Sfmt 4703
behavioral and welfare benefits with
further increases.’’ Wilson (1982) made
a similar observation, noting that
increasing space beyond that required
may have little effect on activity.
The literature review noted there was
general consensus among essentially all
investigators as to the importance of
vertical space, climbable space, threedimensional space, gross usable space,
and other similar enclosure parameters,
and the necessity for significant
environmental complexity within the
enclosure. The general impression
gained from the literature review is that
these parameters share equal
importance with space density when
captive chimpanzee well-being is
considered. The difficulty is the lack of
a simple, replicable way to measure
them.
There was also general consensus that
chimpanzees neither like nor use open
spaces and in most situations they use
only a small proportion of their
enclosure space. This is consistent with
conclusions of many investigators that
the overall quantity of cage space alone
has limited value when designing an
enclosure to maximize the well-being of
primates because the usefulness of
space depends upon its quality rather
than quantity (Reinhardt et al., 1996;
Wilson, 1982; Stoinski et al., 2001; Ross
et al., 2011a) and, having no stimulatory
value, space alone does not enhance an
animal’s environment (Reinhardt et al.,
1996).
The literature review also questioned
whether the full range of wild
chimpanzee behavior, particularly some
aspects of fission-fusion, are applicable
to captive situations, and whether some
behaviors, such as traveling long
distances in search for food or patrolling
the borders of their territories, may in
fact not be necessary for captive group
well-being, nor desirable for group
stability.
Expert Views—Summary
Independent of the literature review,
the NIH sought input from individuals
with extensive expertise in veterinary
medicine; behavioral management of
primates; renovation of chimpanzee
housing and research facilities; primate
and chimpanzee facility management;
and behavioral primatology. The NIH
contacted each expert individually and
sought input on the question of space
density needs of captive research
chimpanzees. The calls with the
individual experts preceded the
preparation of the literature review to
ensure that one process did not
influence the other.
The views of the experts were very
similar to the literature review. Each of
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the experts emphasized the critical
importance of environmental
complexity rather than focusing only on
the square footage of living space per
chimpanzee as a means of ensuring
species-typical behavior. The experts
also noted that different animals/groups
within a colony would require different
stimuli to exhibit species-typical
behavior. The experts reiterated the
difficulty in identifying square footage
requirements, including lack of
published literature in this area. Based
on their experience in behavioral
management of chimpanzees, as
veterinarians and by directing and
operating facilities for captive research
chimpanzees, several of the experts
recommended minimum space needed
to promote species-typical behavior.
The recommendations ranged from 150–
500 ft2 of living space per animal.
https://dpcpsi.nih.gov/sites/default/files/
NIH_response_to_Council_of_Councils_
recommendations_62513.pdf). The NIH
expects the facilities it supports to
monitor the chimpanzees for speciestypical behavior.
The NIH has prepared procedural
guidance and technical assistance for
researchers, facility staff, and agency
staff to ensure proper implementation of
the agency’s decisions. Investigators
should follow guidance (see NOT–OD–
14–024 at https://www.grants.nih.gov/
grants/guide/notice-files/NOT-OD-14024.html) regarding the submission of
applications, proposals, or protocols for
research involving chimpanzees.
Conclusion
The literature review demonstrated
there is little published literature
containing quantitative scientific data
that can be used to support a
determination of the minimum space
density (horizontal surface area per
animal) needed to support an EAE for
captive chimpanzees. Furthermore,
other aspects of enclosure design, such
as complexity and vertical height, are
considered by many experts to be more
important than space density with
respect to chimpanzee well-being and
the promotion of species-specific
behavior.
Based on both the literature review
and recommendations from individual
experts, it is clear that published
guidelines for minimum living space
area for captive research chimpanzees
are variable. Encouraging speciestypical behavior among chimpanzees
does not simply result from providing a
minimum square footage of living space
per animal. Rather, the characteristics
(complexity) of the space as well as
enrichment opportunities have a
significant effect on promoting speciestypical behavior. The environment
should take into account the individual
chimpanzees’ and colony
characteristics, including social, health,
age, and biological factors.
Based on the recommendation from
the Council of Councils, the information
contained in the literature review, and
additional input from scientific,
veterinary, and facility experts, the NIH
has decided that the density of the
primary living space of chimpanzees
should be at least 250 ft2 per
chimpanzee. This decision supplements
the agency decisions on the nine EAE
recommendations made by the Council
of Councils (see EA1, EA3–10 at
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of Health, HHS).
Dated: February 25, 2014.
Francis S. Collins,
Director, National Institutes of Health.
Dated: April 4, 2014.
Michelle Trout,
Program Analyst, Office of Federal Advisory
Committee Policy.
[FR Doc. 2014–08062 Filed 4–9–14; 8:45 am]
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[Federal Register Volume 79, Number 69 (Thursday, April 10, 2014)]
[Notices]
[Pages 19917-19919]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-08062]
-----------------------------------------------------------------------
DEPARTMENT OF HEALTH AND HUMAN SERVICES
National Institutes of Health
Announcement of Agency Decision: Density of the Primary Living
Space of Captive Chimpanzees Owned or Supported by the National
Institutes of Health (NIH) or Used in NIH-Supported Research
SUMMARY: This notice summarizes the agency's actions to obtain
additional scientific input and announces the agency's decision with
respect to the space density of the primary living space of captive
research chimpanzees owned or supported by the National Institutes of
Health (NIH) or used in NIH-supported research. The NIH has prepared
procedural guidance and technical assistance for researchers, facility
staff, and agency staff to ensure proper implementation of the agency's
decisions. Investigators should follow guidance (see NOT-OD-14-024 at
https://www.grants.nih.gov/grants/guide/notice-files/NOT-OD-14-024.html)
regarding the submission of applications, proposals, or protocols for
research involving chimpanzees.
FOR FURTHER INFORMATION CONTACT: The Division of Program Coordination,
Planning, and Strategic Initiatives, Office of the Director, NIH at
dpcpsi@od.nih.gov.
SUPPLEMENTARY INFORMATION:
Background
In February 2012, the NIH charged a working group of the Council of
Councils, a federal advisory committee, to provide advice on
implementing recommendations made by the Institute of Medicine (IOM)
Committee on the Use of Chimpanzees in Biomedical and Behavioral
Research in its 2011 report, Chimpanzees in Biomedical and Behavioral
Research: Assessing the Necessity. On January 22, 2013, the NIH Council
of Councils (Council) accepted recommendations presented by the Working
Group on the Use of Chimpanzees in NIH-Supported Research in its report
(see https://dpcpsi.nih.gov/sites/default/files/FNL_Report_WG_Chimpanzees_0.pdf) and provided these recommendations to the NIH. The
NIH subsequently issued a request for information, https://www.gpo.gov/fdsys/pkg/FR-2013-02-05/html/2013-02507.htm, to obtain broad public
input on the 28 Council recommendations the NIH considered as it
determined how to implement the IOM Committee's recommendations.
In June 2013, the NIH announced its decisions with respect to the
Council of Councils' recommendations; see https://dpcpsi.nih.gov/sites/default/files/NIH_response_to_Council_of_Councils_recommendations_62513.pdf. The agency accepted 27 of the 28 Council
recommendations. Included in these were 10 recommendations describing
the characteristics of a captive environment that allow for and promote
a full range of behaviors that are natural for chimpanzees--or
ethologically appropriate environments (EAE). The NIH accepted 9 of the
10 Council's recommendations on EAE, including recommendations on
enclosure height, foraging and diet, nesting materials, enrichment, a
staff to chimpanzee ratio, staff training, and recordkeeping. The NIH
did not accept Recommendation EA2--``The density of the primary living
space of chimpanzees should be at least 1,000 ft\2\ (93 m\2\) per
individual. Therefore, the minimum outdoor enclosure size for a group
of 7 animals should be 7,000 ft\2\ (651 m\2\).''--based on comments
received from the public. Because of concerns about the scientific
basis for this recommendation and the expected costs of implementing
it, the agency further reviewed the space density requirements with
respect to the promotion of species-appropriate behavior.
While a large number of commenters who addressed Recommendation EA2
supported the recommendation, some commenters emphasized the amount of
space recommended is the minimum needed and larger enclosures that more
closely replicate the amount of space available to chimpanzees in the
wild are
[[Page 19918]]
preferable. Other commenters encouraged the NIH to identify data in the
scientific literature on the appropriate area for chimpanzee housing,
while others argued that the recommended 1,000 ft\2\ area is arbitrary
and unnecessary, is not based on or is contrary to the published
literature, and does not accurately reflect the opinions of some of the
experts consulted by the Council Working Group. Several commenters
noted that certain publications cited by the Council Working Group
pertain to gorillas or to spaces smaller than 1,000 ft\2\. In the
absence of sufficient supporting scientific evidence, these commenters
did not believe that larger housing environments would improve
chimpanzee well-being. Others suggested that rather than establishing
minimum space requirements, the NIH should consider the complexity and
quality of the environment, including the opportunity for chimpanzees
to take temporary refuge from other members of their group.
The agency was concerned about the lack of scientific consensus and
especially whether the published literature supports the Council's
recommendation of providing 1,000 ft\2\ of living space per chimpanzee.
Given that concern, the NIH sought additional input on an individual
basis on the space density needs of captive research chimpanzees from
experts with extensive experience in veterinary medicine, behavioral
management of primates, renovation of chimpanzee housing and research
facilities, primate facility management, and behavioral primatology
(https://dpcpsi.nih.gov/sites/default/files/Space-Density-EAE-List-of-Experts.pdf).
Independent of seeking expert input, the NIH commissioned a
literature review, https://dpcpsi.nih.gov/sites/default/files/ElseLitReviewFinal-110713.pdf, focused on the space density needed to
support an ethologically appropriate physical and social environment
for captive chimpanzees in a research environment. The literature
review was prepared by a pre-eminent veterinary primatologist. That
individual was also asked to identify, review, and summarize relevant
parts of U.S. regulations and other requirements.
The relevant animal welfare/regulatory requirements and guidance
pertaining to the space density needs of captive research chimpanzees
are summarized in the literature review (pages 2-4). The Animal Welfare
Act Regulations, https://www.gpo.gov/fdsys/pkg/CFR-2013-title9-vol1/xml/CFR-2013-title9-vol1-chapI-subchapA.xml, list the minimum space
requirements for the nonhuman primate (NHP) weight category that
includes chimpanzees as 25 ft\2\ for floor area per animal, and 84
inches for enclosure height. 9 CFR part 3.80. The regulations note that
many of the NHP requirements are generic and the conditions appropriate
for one species do not necessarily apply to another. Per the
regulations, the ``minimum specifications must be applied in accordance
with the customary and generally accepted professional and husbandry
practices considered appropriate for each species, and necessary to
promote their psychological well-being.'' 9 CFR part 3, n. 2. The
Chimpanzee Health Improvement, Maintenance, and Protection (CHIMP) Act
(Pub. L. 106-551; https://www.gpo.gov/fdsys/pkg/PLAW-106publ551/pdf/PLAW-106publ551.pdf) directs the Secretary of Health and Human Services
to develop by regulation standards for operating the federally
supported sanctuary system to provide for the permanent retirement of
chimpanzees that are no longer required for research. The regulations
(42 CFR part 9) that implement the CHIMP Act do not specify enclosure
size but stipulate that the size of the sanctuary facilities must be in
accordance with the recommendations of The Guide for the Care and Use
of Laboratory Animals, which align with the minimum space requirements
of the Animal Welfare Act Regulations. The Association of Zoos and
Aquariums and the Global Federation of Animal Sanctuaries recommend
space densities that differ from each other and from the one in
Recommendation EA2.
The remainder of this document summarizes the literature review and
expert input.
Literature Review--Summary
The literature review revealed very limited empirical data is
available on which to base a determination of the minimum space density
necessary to provide an EAE for captive chimpanzees, and no
quantitative data was found to support the figure of 1,000 ft\2\/
individual chimpanzee. Relatively few investigators have reported data
that measure chimpanzee well-being using space density as a variable,
with Ross and his colleagues, who have been studying enclosure design
in zoos for more than 10 years, being one of the notable exceptions.
Ross et al. (2011a) postulated that once the ``minimal size threshold
is crossed'' (as they speculated could possibly be the case with their
Great Ape House facility--space density 12.2 m\2\/individual) they
``would then expect diminishing behavioral and welfare benefits with
further increases.'' Wilson (1982) made a similar observation, noting
that increasing space beyond that required may have little effect on
activity.
The literature review noted there was general consensus among
essentially all investigators as to the importance of vertical space,
climbable space, three-dimensional space, gross usable space, and other
similar enclosure parameters, and the necessity for significant
environmental complexity within the enclosure. The general impression
gained from the literature review is that these parameters share equal
importance with space density when captive chimpanzee well-being is
considered. The difficulty is the lack of a simple, replicable way to
measure them.
There was also general consensus that chimpanzees neither like nor
use open spaces and in most situations they use only a small proportion
of their enclosure space. This is consistent with conclusions of many
investigators that the overall quantity of cage space alone has limited
value when designing an enclosure to maximize the well-being of
primates because the usefulness of space depends upon its quality
rather than quantity (Reinhardt et al., 1996; Wilson, 1982; Stoinski et
al., 2001; Ross et al., 2011a) and, having no stimulatory value, space
alone does not enhance an animal's environment (Reinhardt et al.,
1996).
The literature review also questioned whether the full range of
wild chimpanzee behavior, particularly some aspects of fission-fusion,
are applicable to captive situations, and whether some behaviors, such
as traveling long distances in search for food or patrolling the
borders of their territories, may in fact not be necessary for captive
group well-being, nor desirable for group stability.
Expert Views--Summary
Independent of the literature review, the NIH sought input from
individuals with extensive expertise in veterinary medicine; behavioral
management of primates; renovation of chimpanzee housing and research
facilities; primate and chimpanzee facility management; and behavioral
primatology. The NIH contacted each expert individually and sought
input on the question of space density needs of captive research
chimpanzees. The calls with the individual experts preceded the
preparation of the literature review to ensure that one process did not
influence the other.
The views of the experts were very similar to the literature
review. Each of
[[Page 19919]]
the experts emphasized the critical importance of environmental
complexity rather than focusing only on the square footage of living
space per chimpanzee as a means of ensuring species-typical behavior.
The experts also noted that different animals/groups within a colony
would require different stimuli to exhibit species-typical behavior.
The experts reiterated the difficulty in identifying square footage
requirements, including lack of published literature in this area.
Based on their experience in behavioral management of chimpanzees, as
veterinarians and by directing and operating facilities for captive
research chimpanzees, several of the experts recommended minimum space
needed to promote species-typical behavior. The recommendations ranged
from 150-500 ft\2\ of living space per animal.
Conclusion
The literature review demonstrated there is little published
literature containing quantitative scientific data that can be used to
support a determination of the minimum space density (horizontal
surface area per animal) needed to support an EAE for captive
chimpanzees. Furthermore, other aspects of enclosure design, such as
complexity and vertical height, are considered by many experts to be
more important than space density with respect to chimpanzee well-being
and the promotion of species-specific behavior.
Based on both the literature review and recommendations from
individual experts, it is clear that published guidelines for minimum
living space area for captive research chimpanzees are variable.
Encouraging species-typical behavior among chimpanzees does not simply
result from providing a minimum square footage of living space per
animal. Rather, the characteristics (complexity) of the space as well
as enrichment opportunities have a significant effect on promoting
species-typical behavior. The environment should take into account the
individual chimpanzees' and colony characteristics, including social,
health, age, and biological factors.
Based on the recommendation from the Council of Councils, the
information contained in the literature review, and additional input
from scientific, veterinary, and facility experts, the NIH has decided
that the density of the primary living space of chimpanzees should be
at least 250 ft\2\ per chimpanzee. This decision supplements the agency
decisions on the nine EAE recommendations made by the Council of
Councils (see EA1, EA3-10 at https://dpcpsi.nih.gov/sites/default/files/NIH_response_to_Council_of_Councils_recommendations_62513.pdf).
The NIH expects the facilities it supports to monitor the chimpanzees
for species-typical behavior.
The NIH has prepared procedural guidance and technical assistance
for researchers, facility staff, and agency staff to ensure proper
implementation of the agency's decisions. Investigators should follow
guidance (see NOT-OD-14-024 at https://www.grants.nih.gov/grants/guide/notice-files/NOT-OD-14-024.html) regarding the submission of
applications, proposals, or protocols for research involving
chimpanzees.
Dated: February 25, 2014.
Francis S. Collins,
Director, National Institutes of Health.
[FR Doc. 2014-08062 Filed 4-9-14; 8:45 am]
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