ZOO ACCUSED IN ABUSE OF ELEPHANT

R. GREGORY NOKES of the Oregonian Staff

Summary: The USDA says Oregon Zoo failed to provide adequate care for beaten animal

The U.S. Department of Agriculture has accused the Oregon Zoo of violating the federal Animal Welfare Act by allowing abuse of elephant Rose-Tu in April.

The department said the zoo was responsible for the actions of elephant-keeper Fred Marion, who "severely beat an elephant under his care."

It also said the zoo "failed to provide adequate veterinary care to Rose-Tu" after the abuse was discovered.

W. Ron DeHaven, deputy director of the Agriculture Department's Animal and Plant Health Inspection Service, said the elephant suffered "trauma, behavioral stress, physical harm and unnecessary discomfort."

"We will not tolerate this sort of behavior and intend to rigorously pursue these charges," DeHaven said. The agency supervises and licenses the nation's zoos.

Zoo Director Tony Vecchio agreed with the finding that the elephant-keeper had beaten Rose-Tu, but disagreed that the zoo failed to provide adequate veterinary care. "They're wrong," he said. "Rose-Tu got immediate attention."

The zoo discharged Marion, who has appealed through his union. The case is in arbitration.

A spokesman for the federal agency, Jim Rogers, said the next step is to await the zoo's response. The outcome could be a hearing or a settlement, with potential penalties ranging from a fine to suspension of the zoo's license to exhibit animals.

Rogers said, however, he knows of no instance where the Agriculture Department has suspended the license of a major zoo. He suggested that if there's a penalty, it would more likely be a fine, which could be assessed at the rate of $2,750 a day for each violation.

A settlement might involve a commitment to improved care or training.

Zoo records indicate that the early-morning incident involved repeated use of the keeper's ankus -- a wooden stick with a short, metallic hook on one end that is routinely used to help keepers guide elephants as they're cleaned or moved.

One keeper who examined Rose-Tu on the day of the incident reported finding 176 wounds. The elephant had apparently resisted routine handling.

Vecchio said the zoo's senior elephant keeper, Ray Hopper, was summoned within minutes of the incident. "The keeper is the first line of medical attention. Even though there were many wounds, they were wounds that could be treated by the keeper, mostly superficial cuts and punctures."

Vecchio said it's stressful for an elephant to be confronted by the veterinarian. He said veterinarian Mitch Finnegan visited Rose-Tu two days later, "after she had calmed down."

"Ultimately we are responsible for actions of employees," Vecchio said. "But should we be punished severely when an employee was dealt with in an appropriate manner? I don't think so."

He said the Agriculture Department was notified almost immediately and that the zoo officials have cooperated fully with its investigation.

The Multnomah County district attorney investigated the case and decided not to prosecute.

Marion could not be reached for comment Thursday. Kenneth Lerner, an attorney who represented him during the earlier investigation, said the fact that the zoo didn't seek a veterinarian's treatment suggests it didn't view the situation as serious.

"We don't agree that he severely beat the elephant," Lerner said. "This has been overblown after the fact."

You can reach R. Gregory Nokes at 503-221-8409 or by e-mail at gregnokes@news.oregonian.com.