The Informed Bird Lover

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Apr 7, 1999

REGULATORY ALERT

Washington DC - The US Department of Agriculture (USDA) is being sued by an alliance of academic, commercial and animal rights interests in an effort to force new regulation of birds under the Animal Welfare Act (AWA), adopted in 1996. USDA openly admits they have neither the manpower nor the money to implement extending AWA regulation, and indeed has expressed concern that this additional burden on limited resources could jeopardize protection afforded to other species covered under existing rules.

At issue is whether or not the Secretary of Agriculture can legally exempt birds and laboratory rats and mice in defining "animal" under AWA regulations. The rules have had this exclusion since 1972, and the Congress has amended the AWA several times since without expressing dissatisfaction over the exclusion. USDA has opened a comment period until April 27, 1999, to seek public comment on how best to proceed.

Petitioners want the exclusion eliminated entirely while USDA wants to mantain the exclusion in its present form. Other potential outcomes would be to deal seperately with exclusions for birds or laboratory rats and mice. If the exclusion is dropped for birds, AWA regulations could be extended to cover all birds held in captivity.

Breeders will get to absorb substantial administrative regulatory costs through licensure or fees. Although the regulations would not be so direct as to ban bird stewardship outright, the expenses involved and requirements for humane care could be expensive enough to end private aviculture. Breeders potentially could be faced with such requirements as oversized stainless steel cages, changing perches monthly and providing "dedicated" food storage and preparation facilities (all stainless steel counters and sinks for instance) that could be used for no other purpose - including food preparation for humans.

USDA has opened this comment period and invited response from all bird keepers, pet-owner and breeder alike. It is imperative bird keepers, whether breeder or pet owner, let their voices be heard by responding to this invitation for public comment. AFA (American Federation of Aviculture) cannot do this alone. Comments must be submitted properly to be considered, either by electronic means or through conventional mail.
Instructions from the Federal Register publication of this notice follow: For comments submitted in hard copy, please send an original and three copies to:

Docket No. 98-106-1
Regulatory Analysis and Development
PPD, APHIS suite 3C03
4700 River Rd Unit 118
Riverdale, MD 20737-1238

Please state your comments as referring to Docket No. 98-106-1. Any person who wishes to submit a comment electronically must use a form located at http://comments.aphis.usda.gov/. Electronically submitted comments need only be submitted once. These comments are available for public viewing at the same site.

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