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Administrative Law Keyed to Asimow
Hoctor v. United States Department of Agriculture
Citation:
82 F.3d 165 (1996)Facts
Patrick Hoctor began dealing in exotic animals on his farm outside Terre Haute in 1982, housing various “Big Cats” including lions, tigers, ligers, cougars, and snow leopards. The animals were kept in pens within a containment fence area, which was itself surrounded by a six-foot perimeter fence around the entire compound. Hoctor had erected the six-foot fence at the suggestion of a USDA veterinarian who inspected his facility when he started his business. In 1983, the USDA issued an internal memorandum stating that “dangerous animals,” including lions, tigers, and leopards, must be inside a perimeter fence at least eight feet high. Beginning in 1990, Hoctor was cited multiple times for violating the housing standard regulation (9 C.F.R. § 3.125(a)) by failing to have an eight-foot perimeter fence. The USDA eventually sanctioned him for this and other alleged violations. Hoctor challenged only the perimeter fence violation, arguing that the eight-foot requirement was a legislative rule that required notice and comment rulemaking.
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