Dr.

Robert Gibbens 6/13/22


Director, Western Region, USDA/APHIS/AC, 

2150 Center Ave. 

Building B, Mailstop 3W11 

Fort Collins, CO 80526-8117

Dr. Gibbens,

I am writing to you today to file a Federal Complaint against the Chimp Haven facility (72-C-0163) for
multiple violations of the Animal Welfare Act which were connected to chimp deaths.

As you know, Chimp Haven has recently been issued a USDA Official Warning for an incident which
involved a chimp death (see attachment). This report discussed the death of a chimpanzee named
Cleopatra in connection to a violation of Sec. 2.131(b)(1) Handling of animals. This was an incident
in which the chimpanzee was put into a position where she was attacked by other chimpanzees,
suffered a traumatic injury, and was euthanized.

A 12/15/21 Chimp Haven report filed with the National Institutes of Health’s Office of Laboratory
Animal Welfare states:

“Maverick was identified as mid ranking with an energetic, playful, and friendly temperament per
the sending institutions behaviorist. He was housed with Yeltsin since infancy with a history of
some fighting with wounding which is not uncommon within the species. . . . Maverick was
discovered deceased by husbandry staff around 7:20 am, on 12.12.21. A necropsy was promptly
performed . . . Gross findings showed . . . a severe laceration on the medial aspect of his right
forearm causing severance to major vessels. Primary cause of death was exsanguination secondary
to traumatic injury.”

Just as in the incident which generated the aforementioned CRITICAL violation and Official Warning,
this incident would also violate Sec. 2.131(b)(1) Handling of animals.

Just as the aforementioned inspection report discussed a chimp escape, a 12/13/21 Chimp Haven report
filed with the National Institutes of Health’s Office of Laboratory Animal Welfare discusses another
escape, except this time it involves multiple (7) chimps:

1081-B State Route 28 #280 Milford, OH 45150 513-575-5517 www.SAENonline.org

“Chimp Haven is writing to report an adverse event - the temporary escape of 7 members of a group
of chimpanzees.”

This escape would likely violate either Sec. 2.131(b)(1) Handling of animals or Sec. 3.75 (a) Housing
facilities, general, just as the escape incident in the USDA inspection report was a violation.

A 12/16/21 Chimp Haven report filed with the National Institutes of Health’s Office of Laboratory
Animal Welfare states:

“On August 16th, veterinary staff updated the animal care team that Midge’s signs of generalized
pain had improved with medical interventions however, due to suspected aggression from a group
mate, he was removed from his group. The suspected cause of Midge’s pain was osteoarthritis with
secondary trauma to the cervical vertebrae. . . . The re-introduction of Midge to his social group
was not unanimously supported due to concerns that Midge might be re-injured in his prior group. .
. . On November 14th, Midge was reported as having fine muscle tremors and being lethargic,
inactive and pale as well as having a diminished appetite. ON November 15th, Midge’s medications
were re-adjusted and anti-viral medications were reinstated. ON November 16th the team began to
discuss contingency plans if Midge needed to be pulled from his group again.

On Thursday, November 17th, at a regular weekly meeting, the animal care team discussed
concerns about Midge being a target of aggression during at least one encounter. The following
morning, November 18th, the power went out in some areas of Chimp Haven, including where
Midge was housed. The chimpanzees are very reactive to power outages and veterinary staff
witnessed an aggressive interaction directed at Midge from another male in his group that resulted
in trauma. Due to this interaction, the decision was made to pull Midge from the group again to
allow time for rest and recuperation.

On the morning of November 19th, Midge remained weak, slow to move and hesitant to accept
medications. A decision was made to have midge remain in solitary housing to be re-evaluated the
following Monday. Sadly, at 3pm on this same day midge began to show respiratory compromise
and passed away.

A necropsy was performed . . . Necropsy revealed a hepatic laceration likely due to blunt force
trauma as the primary cause of death.”

This escape would likely violate Sec. 2.131(b)(1) Handling of animals.

All of the incidents discussed in this complaint connected to Sec. 2.131(b)(1) Handling of animals
deaths should be considered CRITICAL violations, just as the one in the previously mentioned Official
Warning document was determined to be CRITICAL. Additionally, since they duplicate the previous
code section violation, they should also be considered repeat violations.

I know that your office takes all potential violations of the Animal Welfare Act very seriously,
especially when those non-compliances have the potential to directly impact the well-being of animals,
as these potential violations do.
Therefore, I am hereby filing a federal complaint against the the Chimp Haven facility (72-C-0163),
and I must insist that you immediately launch a full investigation of these incidents. I must also insist
that you levy the largest fine allowable under the Animal Welfare Act, $10,000 per infraction/per
animal, which could result in a penalty of over $100,000.

I look forward to hearing from you in the near future about the fate of this facility.

Sincerely,

!
Michael A. Budkie, A.H.T.,
Executive Director, SAEN

Attachments: 1 Chimp Haven USDA Official Warning, 1 Chimp Haven USDA Inspection Report, 3
Chimp Haven OLAW Reports
!
!
!
!
!
!
!
!