As sort of a follow-on to the email about chemicals:
Where are we at on the animals/plants/fungi front? Could I take in Daphnia/Artemia/Drosophila/Triops/Trichoplax? If found a cool terrestrial flatworm, could I put it in a jar and show it to people(*)? I have stored some dandelion seeds from backyard which, while probably the same species**, exhibit wildly different phenotypes; could I grow 'em there or would I have to do it here?
I'm not asking because I plan on turning the lab into some kind of crustacean menagerie; these are hypotheticals. I'm just unclear what kinds of legal restrictions exist for, say, the keeping of brine shrimp. I can't imagine that it's tightly regulated, but you never know, do you?
--Tristan
*Sure, they BELONG in places like Borneo, but they made it out here. Really. Here's what one looks like: http://www.youtube.com/watch?v=Fq_aSR5FK0Y . And if you think that's weird, you should see a terrestrial nemertean.
**Dandelion taxonomy is screwy, so maybe not, or maybe it all depends on how you count.
On Tue, Oct 4, 2011 at 10:23 PM, Tristan Eversole
<custome...@trioptimum.com> wrote:
Heather could probably shed some light on this issue...
--T.
Not always - look at my emails regarding co-working yesterday and
today. I think it depends whether you email
biocu...@googlegroups.com directly, or start a new post on the
google group.
Patrik
This does not distinguish between spine and spineless.
Although there are probably
some federal lab animal regs that do
California Penal Code 597
(a) Except as provided in subdivision (c) of this section or Section 599c, every person who maliciously and intentionally maims, mutilates, tortures, or wounds a living animal, or maliciously and intentionally kills an animal, is guilty of an offense punishable by imprisonment in the state prison, or by a fine of not more than twenty thousand dollars ($20,000), or by both the fine and imprisonment, or, alternatively, by imprisonment in a county jail for not more than one year, or by a fine of not more than twenty thousand dollars ($20,000), or by both the fine and imprisonment. (b) Except as otherwise provided in subdivision (a) or (c), every person who overdrives, overloads, drives when overloaded, overworks, tortures, torments, deprives of necessary sustenance, drink, or shelter, cruelly beats, mutilates, or cruelly kills any animal, or causes or procures any animal to be so overdriven, overloaded, driven when overloaded, overworked, tortured, tormented, deprived of necessary sustenance, drink, shelter, or to be cruelly beaten, mutilated, or cruelly killed; and whoever, having the charge or custody of any animal, either as owner or otherwise, subjects any animal to needless suffering, or inflicts unnecessary cruelty upon the animal, or in any manner abuses any animal, or fails to provide the animal with proper food, drink, or shelter or protection from the weather, or who drives, rides, or otherwise uses the animal when unfit for labor, is, for every such offense, guilty of a crime punishable as a misdemeanor or as a felony or alternatively punishable as a misdemeanor or a felony and by a fine of not more than twenty thousand dollars ($20,000). (c) Every person who maliciously and intentionally maims, mutilates, or tortures any mammal, bird, reptile, amphibian, or fish as described in subdivision (d), is guilty of an offense punishable by imprisonment in the state prison, or by a fine of not more than twenty thousand dollars ($20,000), or by both the fine and imprisonment, or, alternatively, by imprisonment in the county jail for not more than one year, by a fine of not more than twenty thousand dollars ($20,000), or by both the fine and imprisonment. (d) Subdivision (c) applies to any mammal, bird, reptile, amphibian, or fish which is a creature described as follows: (1) Endangered species or threatened species as described in Chapter 1.5 (commencing with Section 2050) of Division 3 of the Fish and Game Code. (2) Fully protected birds described in Section 3511 of the Fish and Game Code. (3) Fully protected mammals described in Chapter 8 (commencing with Section 4700) of Part 3 of Division 4 of the Fish and Game Code. (4) Fully protected reptiles and amphibians described in Chapter 2 (commencing with Section 5050) of Division 5 of the Fish and Game Code. (5) Fully protected fish as described in Section 5515 of the Fish and Game Code. This subdivision does not supersede or affect any provisions of law relating to taking of the described species, including, but not limited to, Section 12008 of the Fish and Game Code. (e) For the purposes of subdivision (c), each act of malicious and intentional maiming, mutilating, or torturing a separate specimen of a creature described in subdivision (d) is a separate offense. If any person is charged with a violation of subdivision (c), the proceedings shall be subject to Section 12157 of the Fish and Game Code. (f) (1) Upon the conviction of a person charged with a violation of this section by causing or permitting an act of cruelty, as defined in Section 599b, all animals lawfully seized and impounded with respect to the violation by a peace officer, officer of a humane society, or officer of a pound or animal regulation department of a public agency shall be adjudged by the court to be forfeited and shall thereupon be awarded to the impounding officer for proper disposition. A person convicted of a violation of this section by causing or permitting an act of cruelty, as defined in Section 599b, shall be liable to the impounding officer for all costs of impoundment from the time of seizure to the time of proper disposition. (2) Mandatory seizure or impoundment shall not apply to animals in properly conducted scientific experiments or investigations performed under the authority of the faculty of a regularly incorporated medical college or university of this state. (g) Notwithstanding any other provision of law, if a defendant is granted probation for a conviction under this section, the court shall order the defendant to pay for, and successfully complete, counseling, as determined by the court, designed to evaluate and treat behavior or conduct disorders. If the court finds that the defendant is financially unable to pay for that counseling, the court may develop a sliding fee schedule based upon the defendant's ability to pay. An indigent defendant may negotiate a deferred payment schedule, but shall pay a nominal fee if the defendant has the ability to pay the nominal fee. County mental health departments or Medi-Cal shall be responsible for the costs of counseling required by this section only for those persons who meet the medical necessity criteria for mental health managed care pursuant to Section 1830.205 of Title 7 of the California Code of Regulations or the targeted population criteria specified in Section 5600.3 of the Welfare and Institutions Code. The counseling specified in this subdivision shall be in addition to any other terms and conditions of probation, including any term of imprisonment and any fine. This provision specifies a mandatory additional term of probation and is not to be utilized as an alternative in lieu of imprisonment in the state prison or county jail when such a sentence is otherwise appropriate. If the court does not order custody as a condition of probation for a conviction under this section, the court shall specify on the court record the reason or reasons for not ordering custody. This subdivision shall not apply to cases involving police dogs or horses as described in Section 600.
How about fish? It'd be nice to have a small aquarium with some of the
fluorescent fish.
Patrik
Basically, I think it'd be a bad idea to be cutting them up. Simply keeping a fish tank is probably fine. I guess "no vertebrates" was a bit hasty; they just aren't on my mind often, so I didn't think it through.
Tristan
--T.
It hadn't occurred to me before that BioCurious doesn't fall into just the lab animal ethics/care guidelines, since we are not a university or med school. I wonder what the minimum is to qualify for that?
Regarding lab animal regs, the short version is that you need IRB approval to work on vertebrates but not invertebrates. I think IRB = Internal Review Board, anyhow, it's a committee at the institution that reviews proposals to make sure they are ethical. (I think it would be awesome if we could have an IRB to approve any human studies ala Quantified Self so the results would be publishable; reputable journals require this.)
There's a tradeoff between publishability and higher overhead and red
tape, of course. I suspect that in many cases it may be easier to redo
a study with IRB blessing once you've convinced yourself it's worth
doing so based on a smaller non-IRB study.
I'd hate to see all the grass-roots Quantified Self studies suddenly
required to follow strict IRB rules, for example.
Patrik
On Wed, Oct 5, 2011 at 6:28 PM, Jason Bobe <jaso...@gmail.com> wrote:
Which rules did you think were particularly likely to get in the way, Patrik?
Kathryn
Great - I didn't know that was an option.
There's a tradeoff between publishability and higher overhead and red
tape, of course. I suspect that in many cases it may be easier to redo
a study with IRB blessing once you've convinced yourself it's worth
doing so based on a smaller non-IRB study.
I'd hate to see all the grass-roots Quantified Self studies suddenly
required to follow strict IRB rules, for example.
I was thinking more of human subjects voluntarily participating in a
study and waiving privacy rights.
Even in the butter mind experiment, for example: the person who winds
up doing worst on the daily tests may not want the world to know that
they're two sigma worse at solving simple math questions than the rest
of the participants.
Patrik
Also, one aspect of IRBs that is often overlooked is that they not
only protect the subjects, but the researchers too, by documenting
that appropriate and approved measures have been put into place. That
way, if for some reason there's a conflict later on, it's not just "he
said/she said".
Lou
On Wed, Oct 5, 2011 at 7:34 PM, Patrik D'haeseleer <pat...@gmail.com> wrote:
Do you mean endothermic (aka "warm-blooded") vertebrates? Either way,
that seems like an odd limitation. So fish, amphibians and reptiles
are typically exempt from IACUC review?
And yes, I completely agree that it makes 100% sense to have an
internal review system, even if a formal IRB review may be too
heavyweight in some circumstances.
Patrik
I think the only places where some sort of review process would make
sense are topics that are currently off-limits at BioCurious anyway,
such as working with animals. If and when we expand into those areas,
it may be worth revisiting this discussion.
Other areas of concern would be working with (other people's) human
DNA, and/or working with pathogens (potentially including anything
isolated from the human body, even just from healthy skin). I assume
the former is whitelisted?
Patrik
Joe,
I'm tired of you setting up these massive straw men to ridicule my position.
It's becoming clear to me that doing research at BioCurious is a waste of my time. I guess I should thank you for letting me know before I wasted any more time or resources.
Kathryn
> This is a real philosophical issue: in addition to the practical implications of setting up extra review processes that someone has to administer and that users could find burdensome....it requires us to think about the function of these practices in Academia (where careers, tenure, and funding allocations all depend on these rituals and processes) vs. the hobbyist or entrepreneur biologist's needs.
Erm... I have to say that I'm not sure how grants, careers, and tenure alter the *ethical* considerations addressed by IRBs and IACUCs. The practical issues are easily visible, the philosophical ones far less so. I am looking forward to hearing you address this at OSS (if Jason's intimation that you intend to do a panel is correct), or I would be if I was confident that I could afford to go; I guess I'll run into it on the internet or something.
> All of bioethics is kind of a minefield and I am wary of opening the door, however narrowly, to BioCurious invoking ethics judgments to veto someone's project. We do have policies in place to deal with dangerous activity. Beyond that, IRB's are mainly related to human subjects work and we're not engaged in that; given the set up of this lab and program, aside from quantified self type work where people are investigating themselves on and off BioCurious premises.
Ah, would this be the genesis of the current limits on animals? (Still not clear on plants or fungi; presuming that protozoa are okay.)
> Anyway, I'm confident we'll arrive at a satisfactory procedure but let's focus on getting the infrastructure in place to support some ongoing wetlab workflows rather than putting the cart before the horse or reflexively replicating the structures of institutional entities like Universities, which have very different budgets, purposes, and constituencies than BioCurious.
I initially asked the question because I'm strongly interested in working on the animal Trichoplax adhaerens. I'm working towards getting a culture of them going as soon as I can. The Schierwater lab in Hanover has graciously offered to assist researchers with molecular samples and to identify the haplotypes of cultured T. adhaerens specimens as a means of furthering scientific interest in these creatures, in light of their position near the base of the metazoan tree. (And really, they're fascinating in their own right.) However, I do not have the money for reagents, so I cannot do any molecular biological work on them (actually, that kind of precludes my doing any molecular biological work at all, but you get the point), so it's not *quite* an immediate concern.
It would be easy for me to walk to the Toys R Us across the street and buy some brine shrimp; I could order some Triops off of ThinkGeek right now; for Daphnia I'd have to shop around and find a good pet store. This would be much easier than buying chemicals from Sigma-Aldritch or getting a well-defined bacterial strain from the ATCC (for example). None of these creatures is devoid of biological interest, either:
--Trichoplax lies near the base of the metazoan tree. Sequences from Trichoplax have prompted a novel reconstruction of the tree of the animals which places the diploblasts and triploblasts as sister groups. We know nearly nothing about the natural history of these creatures and researchers have thus far been unable to get a Trichoplax embryo to proceed past the 128-cell stage in the laboratory. This is not because Trichoplax is impossible to keep, it's because we haven't been working at understanding its full lifecycle for very long.
--Artemia (brine shrimp) were discussed on the DIYBio list as a possible target for genetic engineering; although we currently don't have too many sequences from Artemia, we've managed to insert genes into it before. I'm not quite sure what people might want to do with it, but the potential is there.
--Triops is a "living fossil" genus, having exhibited little morphological change over the last 200 million years or so. As someone who is interested in macroevolution, this is naturally very intriguing. (Think punctuated equilibrium, for example.) There are only two pages of Triops genes in Genbank, and all of them are mitochondrial. With the new Daphnia genome just published, it might be possible to extract some nuclear genes from Triops and construct a possibly novel phylogeny for the genus-- or run tests for evidence of selection, or go hunting for microsatellite regions, or try to develop some ESTs, or any number of things.
--Daphnia is the first crustacean to be sequenced. It is a model organism for pollution studies. Roughly a third of its genes have no known homology, and much of its genome is thought to be involved in responses to different environmental conditions-- the authors of the paper reporting the Daphnia sequence point out that most gene expression studies have been conducted in standard environments and that we know relatively little about gene expression in highly stressful environments (I may be getting this wrong, but hopefully not too far wrong). I am fairly sure that we have also managed to get genes into Daphnia.
Given that the last three animals are sold at Toys R Us, pet shops, ThinkGeek, etc., I figured that the regulatory burden and safety requirements for them were probably fairly low. I think that's probably also true for genomic standbys like C. elegans or Drosophila, but I really don't know for sure. I'd just like to know what the procedure for getting brine shrimp allowed in the building is, or if we have a procedure like that, or, if we don't, whether we will have one at some point. I respect the fact that there's a large backlog of issues to deal with, but I'd really appreciate it if I could get some idea of what the priority on the "can I bring in some Triops" question is. The only reason this is a hypothetical is that I am currently much too poor to do PCR or gels; even so, I could probably wrangle the $14.99 to get a Triops kit from ThinkGeek.
I'm sorry this has spawned as much controversy as it has; I didn't mean to get into vertebrates, let alone humans and review boards.
--Tristan
IRBs' and IACUCs' sole purpose is to ensure that minimal standards in
ethics and safety are met by proposed research. Their role is NOT to
judge the scientific merit of proposed work. They are COMPLETELY
DIFFERENT from the grant review committees and journal review panels
that *are* set up in order to evaluate the scientific merit of
research.
IRBs and IACUCs essentially provide supporting documentation to grant
review committees and journal review panels in order to guarantee that
the rules will be/have been followed.
I don't think anyone here actually proposed that bc have a panel to
review the scientific merit of members' work. But there does need to
be a system in place to say, "okay, this person is working only with
their own DNA, and they understand the rules of handling human
specimens (you want to protect your own privacy, and your own sample
is still considered a biohazard under Universal Precautions, after
all)".
* * * *
As an aside, I think it is a mistake to say that we don't want to open
the door on bioethics debates. I believe we have an obligation to
visit that space early and often, particularly as an organization
focused on activities (e.g., supporting a public lab) that represent
brand new territory.
Considerations of bioethical implications should be proactive in
nature, just like we try to anticipate issues in chemical safety
before there's a problem.
Lou
Thanks, Patrik and Louis.
I'm glad we agree on what review boards do. My concerns are that if I want to recruit people for a QS type of study, that since I don't have a clinical background, I might overlook potential ethics issues or harm. There are a few ideas starting to form, that address an area of research that is wide open.
If I opted to work with Lumbriculus (aquatic annelid), this species is sold for fish food, and I probably wouldn't even need to work at BioCurious anyway. Eric and I have been working on DIY equipment to emulate the Neuroscience experiments back in my former PI's lab at Humboldt. I'd probably collaborate with my old PI. However, would I be liable for charges of animal abuse for working outside a university lab?
Is this any clearer?
Kathryn
> No one's going to stop you from experimenting with Lumbriculus Katherine.
It also looks like there's no serious regulatory obstacle to my performing a tentative phylogenetic study on Triops (am I right in thinking this?). I assure everyone that tadpole shrimp are probably quite safe and are unlikely to carry any pathogens; if I am wrong, I claim all responsibility. I am actually quite fond of creatures like Triops and do not wish to hurt the poor dears, so I would strongly prefer to get DNA out of them in a nonlethal way if possible.
The more I think about it, though, the more fun getting nuclear genes out of Triops and submitting them to GenBank sounds. There are two problems: 1) I'd have to set up the tank at BioCurious, because there's no room in the house and it would be very difficult for me to ferry them back and forth to the lab, and 2) it would be some time (possibly quite a long time) before I could manage to do PCR, etc. on them. If Triops would be permitted in the facility, I would go ahead and order them right now. I think their eggs have a longish shelf life anyway, so I wouldn't have to set up the tank right away.
Thoughts?
--Tristan
I think it would make a lot of sense to have a panel of experts that
people can approach on their own initiative if they have questions
regarding safety and ethics issues. As Kathryn suggested, someone
putting together a QS-type experiment may *want* to get some advice on
safety, legal or ethical issues they may not be aware of. This could
be as simply as having a list of members online with "come talk to me
if you have questions about X".
Right now, I don't think the "no animals" rule is any worse than the
"no chemicals" rule. It's a pragmatic rule that stems mainly from the
fact that we don't have the infrastructure in place to deal with those
issues, and bigger priorities to deal with first. Eventually, I assume
that restriction will be relaxed somewhat and we'll converge on a
happy medium somewhere in between the "no animals" (which strictly
speaking would rule out the biosphere as well) and the "no endothermic
vertebrates" extremes. I think working with brine shrimp, triops,
annelid worms etc. would fall roughly in the same category as the
biospehere with ghost shrimp, in terms of requiring little
infrastructure and posing very little safety and ethical issues (no
more than pulling a leg off a cockroach anyway!).
And no, I wasn't really serious about keeping transgenic goats at
BioCurious. ;-) I am amused by the thought of glowing green goat curry
though...
Patrik
Excellent suggestion for the expert panel, Patrik.
Kathryn
Joe,
I realized I did not specifically accept your apology. Thank you.
Kathryn
You're right that the IRB needs to review proposals on an individual
basis, but I think it is also important to have a strong pre-existing
framework so that everyone feels like their proposal was reviewed
objectively and wasn't rejected because of some inappropriately
subjective criticisms.
If I'm being asked to spend either $150/mo cash or >$400/mo labor for lab privileges at BioCurious but I can't do work that will be accepted in a journal, forget it. Whether or not BioCurious lets me have my hypothetical Lumbriculus experiments isn't the issue; the issue is whether the State of California will charge me with cruelty to animals because I'm using live invertebrates without proper supervision.
Patrik
Dan, other than the "(2)" paragraph quoted below, how does this apply
to animal experimentation otherwise? The verbiage in most statements
includes "maliciously and"... someone skilled at animal sacrifice
(whatever you want to call it) does not equal malicious animal abuse.
Lots of animals are considered varmints, shooting a few on your
property isn't malicious. People raise goats and rabbits for meat, so
is extracting brain cells OK if you also butcher the meat and make
curry? If you're doing this at a relatively small scale, who can be
offended other than vegetarians and vegans (who KILL PLANTS for their
trophic purposes).
If you think butchering for meat is OK, then why not just do it in a
sterile manner, and save some of the cells in PBS for testing your
potentially toxic plant extracts in vivo??? Seems like no issue to me.
"(2) Mandatory seizure or impoundment shall not apply to animals in
properly conducted scientific experiments or investigations
performed under the authority of the faculty of a regularly
incorporated medical college or university of this state."
>
>
> Sent from my iPhone
>
> On Oct 4, 2011, at 10:39 PM, Louis Hom <lou...@gmail.com> wrote:
>
>> I think there are probably 2 flavors of regulations that apply -- 1)
>> due to animal welfare regulations, we need to steer clear of
>> vertebrate species, and 2) rules regarding health and safety mean that
>> we should avoid human pathogens, carriers of human pathogens, and
>> significant/exotic agricultural pests too
>>
>>
>>
>> On Tue, Oct 4, 2011 at 10:23 PM, Tristan Eversole
>> <custome...@trioptimum.com> wrote:
>>> (Should I be putting [biocurious] in the subject fields of these emails?)
>>>
>>> As sort of a follow-on to the email about chemicals:
>>>
>>> Where are we at on the animals/plants/fungi front? Could I take in
>>> Daphnia/Artemia/Drosophila/Triops/Trichoplax? If found a cool terrestrial
>>> flatworm, could I put it in a jar and show it to people(*)? I have stored
>>> some dandelion seeds from backyard which, while probably the same
>>> species**, exhibit wildly different phenotypes; could I grow 'em there or
>>> would I have to do it here?
>>>
>>> I'm not asking because I plan on turning the lab into some kind of
>>> crustacean menagerie; these are hypotheticals. I'm just unclear what
>>> kinds of legal restrictions exist for, say, the keeping of brine shrimp.
>>> I can't imagine that it's tightly regulated, but you never know, do you?
>>>
>>> --Tristan
>>>
>>>
>>> *Sure, they BELONG in places like Borneo, but they made it out here.
>>> Really. Here's what one looks like:
>>> http://www.youtube.com/watch?v=Fq_aSR5FK0Y . And if you think that's
>>> weird, you should see a terrestrial nemertean.
>>>
>>> **Dandelion taxonomy is screwy, so maybe not, or maybe it all depends on
>>> how you count.
>
--
Nathan McCorkle
Rochester Institute of Technology
College of Science, Biotechnology/Bioinformatics
subjects any
animal to needless suffering
Well I would think negatively of someone crushing worms during rainy
season, I actively try to avoid them myself and do feel a bit bad for
destroying a self-assembled piece of the universe.
But really, killing a mouse here and there for a purpose is another
ball game compared to watching small children beat a dog because its a
power trip (my father quotes me as a boy seeing this and saying to
myself "uh huh, those are bad boys").