2009 2008 2007 2006 2005 2004 2003 2002 2001 2000 COMMISSION OF ANIMAL CONTROL AND WELFARE
Mailing Address: 1390 Market Street, Room 822
San Francisco, CA 94102
Voice Mail: (415) 252-3817
MINUTES OF MEETING - MARCH 14, 2002
1. CALL TO ORDER AND ROLL CALL
(a) Chair Elissa Eckman convened the March 14, 2002 meeting of the Commission of Animal Control to order at approximately 5:38 p.m, at City Hall, Room 408, San Francisco, California.
Commissioners in Attendance: Chair Elissa Eckman; Vice-Chair Sherri Franklin; Secretary June Wilson; Cheryl Bentley; Kelly Jensen, DVM; Carl Friedman, Animal Care & Control; Sgt. Bill Herndon, SFPD; Jack Breslin, Dept. of Health; City Attorney Rosa Sanchez.
Commissioners Absent: Catherine Tchen, Frederick Hobson., absent with cause.
Coms. Friedman, Herndon and Breslin left early.
The meeting was convened at 5:38 p.m. and Commission Chair Eckman presided during all aspects of the meeting. Five Commissioners (or their lawful designates) holding valid appointments being present, the quorum requirement of Section 6 of the Commission’s Rules & Regulations (50 percent of those eligible to vote) was satisfied.
The Chair then requested, without objection, to take Item 8, New Business, out of order, and a presentation to the Commission followed by Dr. Thelma Lee Gross.
ITEM TAKEN OUT OF ORDER:
8. NEW BUSINESS:
Dr. Thelma Lee Gross, DVM, will discuss scientific evidence that indicates against live animal market practices, the moral obligation to render the suffering of animals used for human consumption null, and misconceptions concerning several previously presumed humane methods of slaughter. Dr. Gross will review abuses recently observed at the Stockton Street live animal markets in San Francisco. These topics will be discussed in relation to current regulatory efforts by the veterinary profession and our legislators.
Thelma Lee Gross, DVM, has been a boarded veterinary pathologist for 20 years who specializes in surgical pathology and dermatopathology. Currently she is an adjunct professor of dermatopathology in the Department of Medicine and Epidemiology at the School of Veterinary Medicine, Davis, California.
[Chairperson Eckman - Discussion Item]
Dr. Gross addressed the Commission at length, and the following are highlights only of her presentation:
Dr. Gross discussed the increased importance of analgesia in veterinary medicine, and noted that the issue of pain has often been neglected in lower animals because of a lack of knowledge and an inability to recognize pain in those species, but noted that the inability to recognize pain does not mean it does not exist.
She felt that the ignorance of pain perception in animals has colored societal attitudes, and one example is the live markets where she feels animal abuse abounds and involves the infliction of pain on these lower animals, and further noted recently seeing the cutting of fish while still alive, piling up of frogs in plastic bags, fish placed out of water on display, crowding of birds and turtles awaiting sale, and felt that the public remains largely uninvolved in these issues.
She noted that the study of pain and analgesia in lower vertebrates has recently enlarged, and the veterinary community has come to the increasing realization that these animals feel pain as we do, and that this is both from direct experience in handling these animals as doctors and through scientific research.
She noted that the perception of pain occurs only in the conscious animal, and that would be the main issue in most of her presentation. She then discussed the four processes of nociception (pain) and noted that all four processes have been shown to exist in lower vertebrates, birds, amphibians, reptiles. She further discussed the correlative findings for pain in lower vertebrates.
She then discussed the "Origination of Pain in Live Markets," and noted that injury to tissue by poor handling practices increases sensitivity to pain, and noted this occurring in the live markets to frogs, turtles, birds and fish, who can be damaged by pressure or scraping or piling up due to crowding and rough handling, and even inadequate hydration. She further noted that a dehydrated animal is more susceptible to trauma which will induce pain, that the mucous layer of the skin requires hydration which is easily lost in frogs and fish, making them susceptible to injury which results in pain. She also noted, more importantly, that if there is pain in one localized area, that increases pain sensitivity to other noninjured sites, thus sensitivity to pain is heightened and that sensitivity can spread to noninjured sites.
She further discussed Inhumane Killing, and noted that according to the 2000 Report by the AVMA Panel on Euthanasia, that any physical killing method that does not include previous or concurrent rendering of unconsciousness is unacceptable and inhumane.
She then noted humane methods of killing would include: Decapitation followed by pithing; or stunning followed by decapitation; and further noted the importance of having an animal be unconscious either simultaneously just before or just after a method of killing. She noted that decapitation alone is not acceptable, because the brains of lowers vertebrates are tolerant to conditions of low oxygen and low blood flow, thus they can remain conscious even after decapitation.
She then noted her opinion that it may be physically impossible to humanely kill a turtle using physical methods alone, because the head cannot be painlessly extracted from the shell. She stated decapitation alone is considered only marginally humane in birds, unless it’s accompanied by another method to induce rapid loss of consciousness, but that there is some argument about this.
She then stated that humane methods of killing are not occurring consistently if at all in the live markets in San Francisco.
She then discussed the current efforts of the commercial industry and the numerous movements by many institutions to reduce animal suffering in the context of killing for food, and cited many examples, with some noted, in part, as follows:
That U.C. Cal Davis Extension has prepared guidelines for the humane handling and slaughter of various species of farm animals including birds; that a recently formed committee with FSIS is determining how best to establish more definitive criteria for the humane handling of animals; that an extra $3 million was recently approved for enforcement of the Animal Welfare Act and the Humane Slaughter Act; that in Feb. 2002 the FSIS appointed 17 new vets who will conduct on-site verification of humane handling, stressing that these resources will bolster the FSIS’s supervision of humane standards for killing.
She noted that on the state level, the Calif. Dept. of Food & Agriculture has an animal care program, whose whole emphasis is to increase awareness of animal care and handling issues; that the American Humane Assoc. has developed the Free Farmed Certificate Program, a voluntary program, which provides verification that enrolled farms meet the Animal Welfare Standards, and noted their ultimate goal is to certify slaughterhouses as well, thus humane handling will go from rearing all the way up to processing.
She then discussed the current efforts to reduce stress on animals at slaughterhouses, including the future elimination of electric prods, and noted much has been done voluntarily.
She also noted in poultry: That some industry people are considering conveying birds into gas-filled chambers to render them unconscious before slaughter; a reduction in transit times, shipment of the birds at night when it’s cooler; and noted that the poultry transportation guidelines are industry-sponsored.
She then discussed the legal efforts that impact live market practices, but noted that despite the laws, there has been no improvement in the plight of the animals of the San Francisco markets, because there is no organization that is willing or able to ensure and oversee compliance.
She further noted that if the condition of nonenforcement is permitted to continue, then the next step is to abolish the markets, and hoped the Commission, based on the evidence she brought forward, would continue to pursue the abolition of these markets from San Francisco.
The Chair opened the meeting to Public Comment as follows:
Pius Lee, Chinatown Neighborhood Association, addressed the Commission and advised that the merchants in Chinatown’s markets are in compliance with AB 2479 and AB 238, that AB 2479 clearly states what you can and cannot do, and noted there are penalties for being in violation, including having your permit revoked. He further noted the requirement of displaying signs which state that the release of live turtles or frogs into the wild or any public water is prohibited by law. He indicated that if violations are seen in Chinatown, to inform the Fish & Game Commission.
He stated that if the Commission wants to improve the conditions in Chinatown, that the pro-animal groups and the community should work together to develop a program to educate the merchants and the general public and to look for a solution, but noted that many merchants don’t speak much English.
He further informed the Commission that he thinks it unfair to the Chinese community and the small-business person in Chinatown that the Commission gave Dr. Gross the opportunity to speak without giving the community the opportunity to come and express their position, and further stressed the need to develop an educational program.
Rich Ow stated he was a consumer of live frogs, turtles and fish, and that this has been going on in San Francisco for 150 years. He noted that several years ago there was a court case, and scientific evidence was produced concerning the habitat of the animals, in which the decision was to let Chinatown’s fish shops operate as they are.
He further suggested the Commission provide the community with a video that can be translated to Chinese to provide to the fish shops, because they want to follow the rules and regulations. He also hoped the Commission would hear more from the Chinese community, not Chinatown alone.
Eric Mills, Action for Animals, stated he has been working on this issue for over seven years and that nothing has changed. He stated there are two new state laws which have not been enforced on any level, and that the issue has boiled down to a cultural and racial issue, which it absolutely is not.
He further stated that he is in the markets every week and he sees many violations, and that he is concerned about the public health: That he has seen Chinese Softshell Turtles in the markets and is concerned about the diseases and parasites they might be carrying, that there are only two species of turtles which are allowed in these markets legally, the Red-Eared Slider, and the Spiny Soft Shells.
He further stated that people buy these animals live from the markets and dump them in the wild and it’s wiping out the local wildlife, and that these animals can carry diseases and parasites which can kill people.
Dr. Peter Urche, reiterated the comments made by Dr. Gross, that new procedures are now available to evaluate and determine the presence of pain in many species of animals, both vertebrates and invertebrates, and that this information points to the fact that these animals are experiencing severe pain that we previously did not have the ability to determine, and that this needs to be stopped.
Patricia Briggs, presented a poster to the Commission with various photographs depicting violations occurring in the markets involving aquatic animals and fowl, and reminded the Commission that the focus on this issue has been on Chinatown, but the farmer’s markets, Fisherman’s Wharf and supermarkets should not be overlooked.
She also provided a copy of the Health Dept. reports for a vendor at one of the farmer’s market to show there is repeated disregard for these animals.
Jamie Ray, asked several questions, including what the Commission could do about this, and how enforcement would be handled.
Coms. Wilson and Herndon advised that as an advisory board, the comments received from the public will be passed on to the Board of Sups, and that the ultimate decision lies with them. Com. Bentley suggested the public contact every supervisor and attend board meetings and make public comment.
Com. Herndon and Friedman giving a brief history surrounding the problems with enforcement, with Com. Friedman responding that presently his office is overwhelmed and simply does not have the resources for enforcement.
Patricia Kimball stated she was sorry the press had left the meeting early and had missed the health issues, which is the way she feels the problem should be addressed.
Nadine May expressed her regrets that people left the meeting early, and that she felt Fisherman’s Wharf and all the animal markets should be included in this issue.
The Chair hearing no further public comment, returned the meeting to the Commission with questions for Dr. Gross.
Com. Bentley inquired about space requirements for birds. Dr. Gross responded that much work has been done in this area, and that specific guidelines had been prepared for the LA live animal markets, with Com. Friedman indicating he had a copy of those guidelines.
Com. Franklin inquired if there was a way to humanely kill these animals for food in the market settings. Dr. Gross responded, that, yes, these animals can be humanely euthanized using physical means, with the exception, in her opinion, of turtles, and further Commission discussion ensued regarding turtles.
The Chair inquired whether you could compare the pain receptors on these vertebrates with the pain receptors found in dogs and cats. Dr. Gross responded that all four of the processes, including reception or perception of pain, are the same based on scientific evidence, and that these fish, turtles, frogs and birds feel pain in the same sense as dogs and cats.
The Chair further inquired if the humane care of these animals in the live markets would include the transport and holding area where they exist before they are dispatched. Dr. Gross responded that it absolutely does. Upon further inquiry, Dr. Gross indicated that the federally regulated industries are striving towards some sort of humane practices, but noted that there was no pretext of humane treatment occurring in the live animal markets.
The Chair hearing no further comment, turned the meeting to Item 6-A on the agenda.
ITEM TAKEN OUT OF ORDER:
6. COMMITTEE REPORTS/COMMISSIONER’S REPORTS [Discussion Item]
The Chair opened the meeting to public comment as follows:
Jamal Modica, President of Tough House, a pitbull club and outreach program, addressed the Commission and gave an overview of his program. He noted that questions had been raised to him of why the boy depicted in the poster was an African-American, and that if he was in a position to handle the posters, he would have a couple more posters with other races depicted as well. That he see all races, ages, sizes, shapes and colors that are into the dog fighting game.
He indicated he thinks the posters are an excellent start, but felt the effort shouldn’t stop with just the posters, that there needs to be some other alternatives. He finds that the SPCA and Animal Care do have a lot of information available, but finds himself bombarded with animal-care questions by the community, and feels the areas that are causing the most problems are not being reached, which is one reason why he started Tough House, to have more mobile outreach and sites set up directly in these areas.
Com. Herndon responded that a lot of work went into the posters, and that they didn’t want it to look like it was targeting any group. He also explained that the posters were designed to show this was something that affects the youth of America, and to get the message out about animal issues, the cruelty of fighting, and the entire way the public looks at animal issues. He also stated that incidents of dog fighting has decreased in the last few years.
Jamal Modica, then stated that Tough House has many activities in the works, including posters and a movie and soundtrack with a lot of the guys that used to fight dogs and used to sell drugs, but now they’re trying to do something positive to try to promote the safety of dogs and trying to stop the fighting. He then offered his assistance or advice, and further stated to keep up the good work.
The Chair hearing no further public comment, Continued on to Item 6-B.
Com. Franklin moved, (seconded by Com. Bentley), that this item be dropped from the agenda. A vote was taken to drop the item with Coms. Franklin, Eckman, Jensen, Bentley voting yes, and Com. Wilson voting no. The item was dropped by a four to one vote.
The Chair opened the meeting to public comment as follows:
L’Danielle questioned why the item was dropped. With various commissioners explaining that the Commission hoped to have its name included in the fact sheet, but that repeated attempts to contact the person working on it had been made to no avail, and that it was believed she was out of state.
2. PUBLIC COMMENT
The Chair opened the meeting to public comment:
Pat Briggs stated her dissatisfaction that Coms. Breslin and Friedman had left the meeting early when members of the public had stayed, and she had specific questions for them.
Dr. Ron Cole stated that no one had addressed Pius Lee’s request for an educational program, and felt a how-to video in Chinese is needed, because lay people are doing this slaughter. He then suggested that a university would be the logical place to make the video.
Eric Mills, Action for Animals, suggested writing the newspaper Asian Week re this issue. He further discussed a rodeo cruelty issue, called steer-tailing, and left a flier.
The Chair, hearing no further public comment, returned the meeting to the Commission.
3. APPROVAL OF MINUTES OF FEBRUARY 14, 2001 MEETING
[Discussion/Action Item]
The Chair stated that a recording had not been obtained from the last meeting, and the minutes were prepared by Com. Wilson. No corrections were noted.
Com. Franklin moved, (seconded by Chair Eckman) to approve the minutes, and the minutes were unanimously approved.
4. CHAIRPERSON’S REPORT AND OPENING REMARKS [Discussion item]
(See Item 8, New Business - page 1.)
4-1. COMMISSIONER PUBLIC COMMENT
The Chair, hearing no Commissioner comment, continued to Item 5.
5. STATUS AND TRACKING OF LETTERS OF RECOMMENDATION APPROVED BY COMMISSION REQUESTING ACTION BY THE BOARD OF SUPERVISORS [DISCUSSION ITEM]
1) Live Animal Market [Kuehl Bill compliance]
Com. Bentley stated that Com. Friedman is going to meet with Sup. Peskin in the next couple weeks.
The Chair opened the meeting to public comment. Hearing none, continued on with Item 2.
2) Letter sent to Board re UCSF lack of cooperation with City’s resolution concerning animal testing.
The Chair opened the meeting to public comment as follows:
Eric Mills, Action for Animals, provided copies of a recent article from Street
Sheet concerning the issue of animal shelters selling animals to research facilities.
3) Letter to Board of Supervisors recommending amending Section 41.12 of the SF Health Code to provide for duties of "Guardians."
Com. Franklin stated she was getting a positive response from Matt Gonzalez’ office, and thinks they’ll move on it in the next few months.
The Chair opened the meeting to public comment. Hearing none, continued on with the agenda.
6. COMMITTEE REPORTS/COMMISSIONER REPORTS
7. OLD BUSINESS
8. NEW BUSINESS
9. PUBLIC COMMENT
The Chair opened the meeting to public comment as follows:
L’Danielle inquired when the new commissioners would be attending. The Chair responded that she believes two seats would be available, and that applications are being taken by the Clerk of the Board, and that there should be two new commissioners by May. Com Franklin asked if the new openings had been posted and Chair Eckman answered that it’s posted on the City’s website.
The Chair hearing no further public comment, returned the meeting to the Commission.
10. CALENDAR ITEMS
11. ADJOURNMENT
The meeting was adjourned, motion by Com. Wilson seconded by Com. Franklin, at approximately 7:45 p.m.
Dated: 22nd March, 2002
Amended: 19th April,2002
J. Wilson, Secretary