Birds, USDA & The Animal Welfare Act

By: Margrethe Warden, AFA Specialty Org. Vice President

During the American Federation of Aviculture meeting held in August in Tampa, FL, the USDA presented the facts of the changes that may be made to the AWA. As a result of a lawsuit, congress has ordered the USDA to monitor and regulate rats, mice and birds, except those used strictly for research. This decision has the potential for serious and far-reaching consequences for the avicultural community, breeders and pet owners alike.

The decision was a result of a lawsuit filed by ARDF (Alternatives Research and Development Foundation). The complaint in the suit was essentially that the USDA’s regulation excluding birds, rats of the genus Rattus and mice of the genus Mus for use in research, is arbitrary & capricious as well as an abuse of agency discretion.  The ARDF requested a new rulemaking procedure be implemented that was more consistent with the AWA.  This suit was settled in October, 2000. The USDA agreed to grant the relief sought by initiating and completing, in a reasonable amount of time, rules on the regulation of rats, mice and birds. The USDA estimated is would take as many as three years before the final rule would be published. The USDA has traveled through a long and arduous process and work on the new regulation began in 2002, shortly after the appropriations bill was passed. Senator Jesse Helms (R-NC) attempted to pass a rider to the Farm Bill that would exclude birds and mice & rats bred for research. The Helms amendment passed; however, for the placing of a comma, it excluded rats and mice bred for research.

The new rule will affect all dealers, breeders, exhibitors and transporters of rats, mice and birds. Prior to the Helms amendment there were no standards written just for these animals; however, there are regulations governing non-specified warm-blooded animals. There are also general guidelines but none that specifically mention rats, mice and birds.

The rule making process is a lengthy and tedious one which includes publication of proposals on the Federal Register and allowing as much as 90 days for public comment.  The speed with which rules, once developed, can be implemented is a rather slow one.  At any given time APHIS may have as many as 150 – 200 actions in progress so priority is assigned. The designation of “significant” by OMB (Office of Management and Budget) determines also the length of time. Designations of “Significant” and “Economically Significant” take longer. They require more detailed analysis and the clearance process is longer.

One interesting point that was made is that as of now, the USDA has a total of 95 inspectors to monitor all the facilities under their jurisdiction.  They’ve asked for triple their budget in ‘04 but don’t expect to get it. New regulations must be reasonable for the organization as well as for those who work with birds.

Dr. Chester Gipson addressed both the AFA Board and the House of Delegates . There was also a panel of USDA officials who gave a presentation to all attendees as part of the convention program. They are planning to meet with a large number of groups and organizations in order to get input on how to structure the rules. The AFA meeting was the first of what will be many meetings with the USDA about this matter. Their goal is to learn as much from those of us who keep these birds as they can so they do not develop regulations that cannot work or are not realistic. The bottom line is the USDA recognizes the hurdles, pitfalls and general nightmares facing the development of the rules necessary for compliance.  With respect to birds the officials recognize that by their very nature, birds cannot be subject to the same or similar regulations that govern dogs and cats. In order to create reasonable guidelines they must know how the bird industry runs. They have no particular direction in mind, ergo the desire to learn about the industry from those who work in it. As of yet, the agency has not created their definition of  “bird”.

It was reassuring to know that several of the USDA representatives who were present have or had some exotic bird experience. One of the vets who spoke has a pet Senegal; one has a mother who raises Eclectus.

The new regulations will impact not just those with exotic birds like parrots and softbills but also those with waterfowl, ratities such as ostrich and emus, birds of prey, pigeons and most other non-poultry birds.

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