USDA Vet to Seek Citation for Cruelty in Dunda Beating

The head of the U.S. Department of Agriculture’s office in California said Wednesday that he will recommend that the Zoological Society of San Diego be formally cited for violating a federal anti-cruelty regulation in connection with the beating of Dunda the elephant.

Dr. James Roswurm, the veterinarian in charge of the USDA office in Sacramento, said he believes keepers at the San Diego Wild Animal Park violated a regulation barring them from causing “unnecessary discomfort” or “physical harm” to animals. The park is operated by the Zoological Society, which also runs the San Diego Zoo.

The recommendation will be sent to USDA headquarters in Hyattsville, Md., for approval, Roswurm said.

Pledges Cooperation

Jeff Jouett, a spokesman for the Zoological Society, said Wednesday that the society has not yet been contacted by Roswurm, but added, “We’ll certainly cooperate.”

The beating of Dunda, an 18-year-old African elephant, has drawn national attention and has become the subject of several inquiries since the incident was disclosed in May. The beating occurred in February, shortly after Dunda, who had lived most of her life at the San Diego Zoo, was transferred to the Wild Animal Park. Keepers at the zoo claim she was improperly transferred and brutally beaten by keepers at the park.

Park keepers acknowledge that Dunda was chained by all four legs, pulled to the ground and beaten with ax handles but deny that any abuse occurred. They say the elephant was out of control and threatened their lives.

“I sympathize with their situation, but I’ve got my job to do and I’m going to do it as I see fit,” Roswurm said. “We’ll write it up and make the recommendation. We do intend to cite them.”

Possible Hearing, Fine

The administrative citation could lead to a formal hearing on the matter and could lead to a fine of $1,000 or more, depending on the number of counts brought against the society, Roswurm said.

The citation will be based, he said, on a section of the Code of Federal Regulations that says: “The handling of animals shall be done expeditiously and carefully and in a way not to cause unnecessary discomfort, behavioral stress, or physical harm to the animal.” Roswurm said the regulations also say that “care should be exercised also to avoid harm to the handler.”

The San Diego Humane Society investigated the incident and found that the disciplining of Dunda was “harsh” but did not constitute criminal abuse. That opinion was adopted in a report last month by the San Diego city attorney’s office, which declined to file criminal charges.

However, the Washington-based Humane Society of the United States investigated the beating and called it an “isolated incident” of animal abuse.

“We’re essentially coming to same conclusion as the Humane Society of the United States,” Roswurm said.

Public Hearing Planned

The state Senate Natural Resources Committee also is looking into the incident and has scheduled a public hearing July 29.

Roswurm said he based his decision on a report by Dr. Frank Enders, a USDA veterinarian based in San Ysidro, who investigated the incident. In the coming weeks, a USDA investigator from Sacramento will be sent to San Diego to obtain affidavits from those involved in the controversy, he said.

If the Zoological Society requests an administrative hearing, it could be two years before the case is resolved, Roswurm said.

The Zoological Society operates under an exhibitor’s license granted by the USDA. In extreme circumstances, the license could be suspended, but that penalty is not under consideration in this case, Roswurm said.