Primary enclosures for nonhuman primates must meet the following minimum requirements:

1. (a) General requirements.

   1. (1) Primary enclosures must be designed and constructed of suitable materials so that they are structurally sound for the species of nonhuman primates contained in them. They must be kept in good repair.

   2. (2) Primary enclosures must be constructed and maintained so that they:

      1. (i) Have no sharp points or edges that could injure the nonhuman primates;
      2. (ii) Protect the nonhuman primates from injury;
      3. (iii) Contain the nonhuman primates securely and prevent accidental opening of the enclosure, including opening by the animal;
      4. (iv) Keep other unwanted animals from entering the enclosure or having physical contact with the nonhuman primates;
      5. (v) Enable the nonhuman primates to remain dry and clean;
      6. (vi) Provide shelter and protection from extreme temperatures and weather conditions that may be uncomfortable or hazardous to the species of nonhuman primate contained;
      7. (vii) Provide sufficient shade to shelter all the nonhuman primates housed in the primary enclosure at one time;
      8. (viii) Provide the nonhuman primates with easy and convenient access to clean food and water;
      9. (ix) Enable all surfaces in contact with nonhuman primates to be readily cleaned and sanitized in accordance with § 3.84(b)(3) of this subpart, or replaced when worn or soiled;
      10. (x) Have floors that are constructed in a manner that protects the nonhuman primates from injuring themselves; and
      11. (xi) Provide sufficient space for the nonhuman primates to make normal postural adjustments with freedom of movement.

2. (b) Minimum space requirements. Primary enclosures must meet the minimum space requirements provided in this subpart. These minimum space requirements must be met even if perches, ledges, swings, or other suspended fixtures are placed in the enclosure. Low perches and ledges that do not allow the space underneath them to be comfortably occupied by the animal will be counted as part of the floor space.

   1. (1) The minimum space that must be provided to each nonhuman primate, whether housed individually or with other nonhuman primates, will be determined by the typical weight of animals of its species, except for brachiating species and great apes ³ and will be calculated by using the following table: ⁴

      Group	Weight	Floor area/animal	Height
      lbs.	(kg.)	ft. 2	(m 2)	in.	(cm.)
      1	under 2.2	(under 1)	1.6	(0.15)	20	(50.8)
      2	2.2-6.6	(1-3)	3.0	(0.28)	30	(76.2)
      3	6.6-22.0	(3-10)	4.3	(0.40)	30	(76.2)
      4	22.0-33.0	(10-15)	6.0	(0.56)	32	(81.28)
      5	33.0-55.0	(15-25)	8.0	(0.74)	36	(91.44)
      6	over 55.0	(over 25)	25.1	(2.33)	84	(213.36)

   2. (2) Dealers. exhibitors, and research facilities, including Federal research facilities, must provide great apes weighing over 110 lbs. (50 kg) an additional volume of space in excess of that required for Group 6 animals as set forth in paragraph (b)(1) of this section, to allow for normal postural adjustments.
   3. (3) In the case of research facilities, any exemption from these standards must be required by a research proposal or in the judgment of the attending veterinarian and must be approved by the Committee. In the case of dealers and exhibitors, any exemption from these standards must be required in the judgment of the attending veterinarian and approved by the Administrator.
   4. (4) When more than one nonhuman primate is housed in a primary enclosure, the minimum space requirement for the enclosure is the sum of the minimum floor area space required for each individual nonhuman primate in the table in paragraph (b)(1) of this section, and the minimum height requirement for the largest nonhuman primate housed in the enclosure. Provided however, that mothers with infants less than 6 months of age may be maintained together in primary enclosures that meet the floor area space and height requirements of the mother.

3. (c) Innovative primary enclosures not precisely meeting the floor area and height requirements provided in paragraph (b) of this section, but that do provide nonhuman primates with a sufficient volume of space and the opportunity to express species-typical behavior, may be used at research facilities when approved by the Committee, and by dealers and exhibitors when approved by the Administrator.

   (Approved by the Office of Management and Budget under control number 0579-0093)

³ The different species of nonhuman primates are divided into six weight groups for determining minimum space requirements, except that all brachiating species of any weight are grouped together since they require additional space to engage in species-typical behavior. The grouping provided is based upon the typical weight for various species and not on changes associated with obesity, aging, or pregnancy. These conditions will not be considered in determining a nonhuman primate's weight group unless the animal is obviously unable to make normal postural adjustments and movements within the primary enclosure. Different species of prosimians vary in weight and should be grouped with their appropriate weight group. They have not been included in the weight table since different species typically fall into different weight groups. Infants and juveniles of certain species are substantially lower in weight than adults of those species and require the minimum space requirements of lighter weight species, unless the animal is obviously unable to make normal postural adjustments and movements within the primary enclosure.

⁴ Examples of the kinds of nonhuman primates typically included in each age group are: Group 1—marmosets, tamarins, and infants (less than 6 months of age) of various species. Group 2—capuchins, squirrel monkeys and similar size species, and juveniles (6 months to 3 years of age) of various species. Group 3—macaques and African species. Group 4—male macaques and large African species. Group 5—baboons and nonbrachiating species larger than 33.0 lbs. (15 kg.). Group 6—great apes over 55.0 lbs. (25 kg.), except as provided in paragraph (b)(2) of this section, and brachiating species.

[56 FR 6495, Feb. 15, 1991, as amended at 83 FR 25555, June 4, 2018]