[HN Gopher] Federal judge overrules NIH veterinarians about lab ...
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       Federal judge overrules NIH veterinarians about lab chimp
       retirement
        
       Author : pseudolus
       Score  : 189 points
       Date   : 2022-12-19 13:04 UTC (9 hours ago)
        
 (HTM) web link (www.science.org)
 (TXT) w3m dump (www.science.org)
        
       | yazzku wrote:
       | They should really ask the chimps what they think about Chimp
       | "Haven" for a fully unbiased report.
       | 
       | "Yeah, it's pretty rad," said Joseph, 22, male, originally from
       | San Francisco. "I was paying $4000/mo in rent and when a friend
       | of mine told me about Chimp Haven, I was like 'Yo, def gotta
       | check out that place.'"
        
       | _HMCB_ wrote:
       | This is a perfect example of where thorough reading (not the
       | first few paragraphs only) sheds light on the matter. Two ears
       | and one mouth.
        
         | harpiaharpyja wrote:
         | Yes, the headline is particularly misleading.
        
         | CobrastanJorji wrote:
         | It's true. I saw the headline and thought "wow, what a
         | thoroughly evil thing to be on the side of not sending chimps
         | to a sanctuary," but the NIH's stance seemed extremely
         | reasonable.
        
         | dang wrote:
         | Ok, we've attempted to give the article a more neutral title.
         | If anyone can suggest a better title (i.e. more accurate and
         | neutral, preferably using representative language from the
         | article), we can change it again.
        
         | boomboomsubban wrote:
         | Thorough reading presents both arguments, but I certainly
         | didn't finish the article with any idea what course of action
         | would actually be better for the chimps.
        
           | kelnos wrote:
           | Because it's just not clear. It depends on if you trust the
           | veterinarians in the lab to provide an objective assessment,
           | and also just believe that they are correct. And I do wonder
           | if they might be correct for some of the animals, but not
           | all, so maybe some should be kept to retire in place, and
           | some should be sent to the shelter.
           | 
           | Regardless, on a more personal note, I wouldn't want to
           | subject my cat to the kind of transportation and relocation
           | they're talking about, regardless of health or age. And I
           | believe chimps are much more self-aware and intelligent than
           | cats; I expect they'd find it much more stressful.
           | 
           | I think this is a case where the law was well-intentioned,
           | but didn't provide any escape hatches for situations not
           | considered by the law.
        
       | abruzzi wrote:
       | the photo of the top is chimp haven, which doens't look like that
       | nice a place--but I suspect that the other options are
       | picturaesque either. And that chimp in the photo--has a cigarette
       | in his mouth. Obviously I don't think its lit up and he's
       | smoking, but is he copying humans?
        
         | jefftk wrote:
         | Chimps sometimes hang out with sticks in their mouths in a way
         | that looks like smoking, but they do this in the wild too. Sort
         | of like the traditional caricature of a farmer or cowboy with a
         | stalk of wheat or other grass in their teeth.
        
         | smugma wrote:
         | It's by a fake termite mound. My guess was that it's a stick
         | used to prod the mound.
        
       | hammock wrote:
        
         | JadeNB wrote:
         | That seems like idle speculation with a question mark. Of
         | course there's a possibility, in the sense that it's not
         | impossible. But how would any of us here know if it's anything
         | more than that?
        
         | KineticLensman wrote:
         | > thus posing a risk to public health by not being put down
         | 
         | Nothing in the article is about putting the chimps down (for
         | whatever reason). The options mentioned are 1) leave them in
         | place vs 2) rehome them at a dedicated retirement facility.
        
       | [deleted]
        
       | Consultant32452 wrote:
       | But what if they are infected with rage?
       | 
       | /28 days later
        
         | Georgelemental wrote:
         | It's called "rabies" in English
        
       | theptip wrote:
       | An interesting book is "Chimpanzee politics", which details the
       | raucous power struggles and intricate social interactions within
       | a troop of chimps. Eye opening in its complexity.
       | 
       | I do wonder about the social ramifications of moving them; this
       | part in particular is key:
       | 
       | > Then they would face a world of strangers and uncertain social
       | groupings--intensely stressful to old chimps with established
       | conspecific and human families
       | 
       | I think on balance it's probably misguided to move chimps like
       | this. Better to regulate the quality of care in situ and only
       | move them if it's deemed to be sub-par.
       | 
       | If you start a chimp colony you should be on the hook for
       | ensuring they have a good life in perpetuity, in my book. The
       | great apes have moral value closest to humans of all the animals.
        
         | AlbertCory wrote:
         | I had to have my 16-year-old cat put down a couple weeks ago.
         | He had cancer.
         | 
         | The vet was about as kind and compassionate as I could possibly
         | wish: she even hydrated him so his last moments would be more
         | comfortable. So I don't think it's an easy call for a judge to
         | overrule the vets, who most likely love these animals.
         | 
         | Chimps are vicious to each other, and especially to older
         | chimps, as far as I know.
        
         | polishdude20 wrote:
         | >Then they would face a world of strangers and uncertain social
         | groupings--intensely stressful to old chimps with established
         | conspecific and human families.
         | 
         | It seems like we do this to humans all the time and don't batt
         | an eye. I'm not saying we should not extend this courtesy to
         | chimps but it seems like there's more care taken here for these
         | chimps than we give to humans.
        
           | ethbr0 wrote:
           | The moral difference is that the chimps have no say in their
           | movement.
           | 
           | So it's more like forcibly relocating humans.
           | 
           | Which we've historically done, but generally try to not do
           | now, Russia aside.
        
           | theptip wrote:
           | The big difference I see with the case you're considering is
           | that humans have agency, and can choose for themselves
           | whether to move or stay. (Even though harsh circumstances
           | might strongly influence their decision - still, it's their
           | choice by their evaluation of the trade-offs.)
           | 
           | With chimps, we are not asking them what they want; we're
           | making the decision for them. Therefore we carry all of the
           | burden of responsibility that would usually rest with the
           | individual making the decision for themselves.
           | 
           | Indeed the only reason they are in this captive environment
           | is because we kidnapped/bred them and put them there. So
           | that's another layer of responsibility that we have for their
           | situation that doesn't apply to normal human decisions.
        
             | polishdude20 wrote:
             | That makes complete sense
        
             | idiotsecant wrote:
             | Do humans get to choose whether they move or stay? I think
             | there's plenty of seniors in the worst kinds of old people
             | homes that would rather not be there.
        
               | theptip wrote:
               | Indeed, by the same argument I made above, in any
               | situation where a human doesn't have agency in a major
               | decision that dramatically affects their quality of life,
               | then the decision-maker has increased moral
               | responsibility/culpability for the outcome.
        
               | bluGill wrote:
               | In the worst cases they don't have enough mind left to
               | care. (The worst kind of places they drug them that much,
               | otherwise the residents may or may not have enough mind
               | to care). Above that though there is a large range. Many
               | elderly realize they are running out of ability to care
               | for themselves and move to some form of assisted living
               | where help is on staff, and there are lots of people to
               | talk to - these are generally nice places to live as they
               | need to attract people. However as the body declines
               | those places don't have the ability to care for you and
               | you have to move on, and most are not willing to admit
               | they need that level of care (and such places often are
               | not as nice: you are forced into them instead of invited
               | in)
        
             | kortilla wrote:
             | > Even though harsh circumstances might strongly influence
             | their decision - still, it's their choice by their
             | evaluation of the trade-offs.
             | 
             | Not for children, members of the military, incarcerated
             | people, people served evictions, etc.
        
               | gibolt wrote:
               | The rule in question for the chimps applies to the whole
               | population, not the exceptions that mostly make sense.
        
           | mannykannot wrote:
           | There's a hypothesis that becoming _relatively_ easy-going
           | and respectful of others ' needs and desires was an important
           | step in our evolution. In that regard, I have seen this said:
           | you can take a couple of hundred strangers and cram them into
           | an airplane for twelve hours with no problem (mostly, I now
           | have to add), but if you did this with chimpanzees it would
           | soon become a bloodbath.
        
             | polishdude20 wrote:
             | Yeah and it's because we have a whole world of context
             | about the place we're packed into. We know what planes are,
             | generally how they work, generally how air travel itself
             | works.
        
               | mannykannot wrote:
               | This was only offered as an illustration of the
               | hypothesis, and it's really up to the reader to decide,
               | from their own knowledge and intuition about human
               | nature, whether your explanation is the whole story.
               | Would you argue that the cases of 'air rage' that we see
               | are due to people _not_ knowing what planes are, or _not_
               | having a general understanding of how airplanes or air
               | travel work?
               | 
               | It is also the case that people involuntarily placed in
               | close confinement for long periods quite often do not
               | start fighting among themselves even when they have no
               | clear understanding of what is going on or what the
               | future holds.
        
           | kodah wrote:
           | I very much dislike that we callously move people around and
           | have systems that reinforce it. Some people, namely the ones
           | having to do it, adapt to it but it's still not great or even
           | _good_.
        
       | sigzero wrote:
       | HSUS seems like they are just being unreasonable in the article
       | and don't really have the animals best interest in mind.
        
         | mfer wrote:
         | There's a lot we don't know here. For example:
         | 
         | 1. What's the difference in care between where they are at and
         | the sanctuary? That doesn't appear to be stated so we can only
         | make assumptions.
         | 
         | 2. The facilities that want to keep them are the ones that
         | experimented on them. They may also be the ones employing the
         | vets. Is there something they don't want others to see? As a
         | place that experimented on animals you have to wonder if they
         | did things they don't want people to generally know about.
         | 
         | These questions aren't answered. How we fill in the blanks
         | depends on our own assumptions or outside info we may be aware
         | of.
         | 
         | As a reader I'm left wondering and don't really have enough
         | information to make an informed assessment.
        
           | sigzero wrote:
           | Yeah, I was actually coming back to edit my remark to say
           | "That might not be the case" since it's a perception I get
           | from the article.
        
       | iav wrote:
       | Sort of related - the price of chimps has gone up 10x during
       | COVID from $2k to $20k. Multiple factors, there was a corruption
       | scandal in Cambodia (see ticker NOTV that is being investigated)
       | that caused those exports to stop and China has stopped exporting
       | chimps because their own pharma industry is booming
        
         | weberer wrote:
         | Wow, I never expected to see chimp inflation at this scale. I
         | laughed off my friend who kept a stack of chimps under his
         | mattress, but look who's laughing now.
        
       | jefftk wrote:
       | Summary: the NIH veterinarians responsible for these chimps claim
       | they are old and sick, and would be better off "retired in
       | place". The ruling says that doesn't matter, and they're required
       | to be moved to the federal sanctuary because the law explicitly
       | requires that.
        
         | strangattractor wrote:
         | Thought they were talking about grad students at first:)
        
       | fredgrott wrote:
       | I have stupid question
       | 
       | Why do we get to elevate chare givers feelings over the well
       | being of those chimps and claim such elevation meets law
       | requirements?
        
         | jherskovic wrote:
         | The 'caregivers' in this case are professional veterinarians
         | who think the cure can be worse than the disease. The
         | caregivers allege that the chimps are being cared for at a
         | standard that is as high as the one they'd get at the Federal
         | facility, without needing to move them, which causes stress and
         | jeopardizes their well-being as well.
         | 
         | Part of the problem here is that the law seems to say "they
         | will be moved to the Federal sanctuary," not "they will be
         | cared in [list of appropriate ways]". To fully comply with the
         | law, you need to move them even if they're sick, have social
         | bonds in their current place, or are perfectly happy.
         | 
         | Disclaimer: I've visited one of the non-federal facilities and
         | I've seen retired chimps that looked content. I have zero
         | experience in animal welfare.
        
         | alistairSH wrote:
         | _Why do we get to elevate chare givers feelings over the well
         | being of those chimps?_
         | 
         | Where are you reading this? The current caregivers are
         | professional veterinarians and believe the chimps are too
         | sick/elderly to be moved. The law requires the chimps to be
         | moved regardless of their well-being. The judge has followed
         | the letter of the law, but not the intent (because the intent
         | wasn't codified in a way that was clear). Congress wrote a
         | shitty law; the judge is following it.
        
           | kortilla wrote:
           | Why do you presume to know the intent? The law may have been
           | written to ensure the chimps are out of their experimenters'
           | confines, regardless of how good said experimenters claim the
           | chimps had it.
        
             | kelnos wrote:
             | If that's the intent, then that's a stupid, vindictive
             | intent. The law _should_ be written to protect the well
             | being of the animals, and ensure the best outcome for them.
             | Anything else is not something I 'd care to support,
             | anyway.
             | 
             | > _regardless of how good said experimenters claim the
             | chimps had it._
             | 
             |  _Had_ is not the operative word here: _have_ is. The
             | veterinarians at the lab claim that they currently receive
             | as good or better care than they 'd receive at the
             | sanctuary. Certainly that claim should be evaluated by an
             | independent third-party, but, frankly, the chimp's quality
             | of life in the past (such as when they were experimental
             | subjects) isn't particularly relevant now. All that matters
             | (ethically) is the level of care they get now, and the
             | likely negatives to their well being that moving them would
             | cause.
             | 
             | Sure, one can reasonably disagree with the lab vets'
             | assessment. But I don't think any of us here are in the
             | position to have an informed opinion on that.
             | 
             | All of it is pretty moot, though, as the law doesn't seem
             | to provide any exceptions. If that is indeed the case (and
             | the NIH either chooses not to appeal, or does and fails),
             | they'll be forced to relocate... assuming they live that
             | long, anyway.
        
         | liveoneggs wrote:
         | animals are property - this property was contracted to move
         | into facility X. Failure to do so is a contract breach.
        
           | PhasmaFelis wrote:
           | This is true but not really relevant, in a "you're in an
           | airplane" sort of way.[1] The chimps in question have no
           | remaining value as property; both parties involved are acting
           | out of their perception of what's best for the animals.
           | 
           | [1] https://m.facebook.com/daytondailynews/posts/101554813469
           | 405...
        
           | joxel wrote:
           | I guess the fact that treating the animals like property
           | leads to unwanted effects begs the question on whether we
           | should be treating animals as property. Clearly there is a
           | difference between an animal and an inanimate object. We have
           | animal welfare and cruelty laws, etc.
           | 
           | While this may be legal, whether it is ethical is a more
           | important question. Seems to me it's time to update the laws
           | that describe living beings the same way as pencils.
        
           | kelnos wrote:
           | No, this has nothing to do with contracts or property. A
           | federal law enacted with the intention of protecting post-
           | experimental chimps requires labs (regardless of their other
           | contractual obligations) to relocate chimps to a government
           | sanctuary upon retirement.
        
         | WaitWaitWha wrote:
         | I wonder how NIH requirements compare to farmers' requirements
         | for animal welfare? My uneducated guess is that NIH is less
         | compliant, and have lower consequences.
        
         | dirtybirdnj wrote:
         | Because the people who've been doing the work caring for the
         | chimps before this ruling probably have a good idea of what
         | will / won't work with the individual animals.
         | 
         | Some people decided to make laws with hard and specific rules
         | without considering the downstream ramifications.
         | 
         | It's a social failure to adapt to the situation. We must ignore
         | the experts because the rules say so. We must kill the chimps
         | from stress by moving them because what the caretakers have to
         | say has no standing in the legal world.
         | 
         | If "the law" is on your side there is no slope too slippery
         | that can't overcome pesky constraints of morality or reality.
        
       | M2Ys4U wrote:
       | I misread NIH as NIF for a second there and was very confused as
       | to why chimps were researching nuclear fusion.
        
         | LarryMullins wrote:
         | Chimps have immense strength, they could be used to compress
         | hydrogen until it fuses.
        
         | GCA10 wrote:
         | And then you're just one more letter glitch away from reading
         | it as NFTs. Which would be marvelous, because then bored apes
         | would be researching Bored Apes.
        
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