Legislative Alert: Proposed Amendment
To Animal Welfare Act (AWA)
(March, 1999)
BY LAURELLA DESBOROUGH
Copyright Laurella Desbrough (eclectusbreeder.com).
All rights reserved by the author.
A
petition
has been
put
forward
to the
U. S.
Department
of
Agriculture
that has
the
potential
to
affect
almost
every
bird
breeder,
as well
as bird
shows
and
exhibits,
bird
marts,
bird
dealers
and bird
transportation.
The
petition
has been
put
forward
by a
coalition
of
anti-vivisectionists
and
requests
that the
Department
change
the
definition
of
"animal"
in the
Animal
Welfare
Act
regulations.
The
amendment
would
remove
the
exclusion
of rats
and mice
bred for
use in
research
and
remove
the
exclusion
of
birds. A
similar
petition
was made
in 1982
that
failed.
This one
is
well-crafted
and
could be
approved.
Aviculture
Concerns
Of
course,
aviculturists
should
be
concerned
about
placing
birds
under
the
Animal
Welfare
Act
regulations.
According
to
government
officials,
the
potential
exists
that
every
facility
will be
required
to have
unannounced
annual
inspections
by
government
appointed
veterinarians.
Inspected
facilities
must
meet the
standards
set by
the
regulations,
which
have not
been
drafted
yet. The
Department
of
Agriculture
is
soliciting
public
comments
on the
petition.
The
Department
of
Agriculture
does not
support
this
petition
and
believes
that
extending
AWA
coverage
to
birds,
rats and
mice
would
have a
substantial
financial
impact
on those
affected,
and that
the vast
majority
of
laboratory
birds,
rats and
mice
already
are
afforded
protections.
Furthermore,
the
Department
of
Agriculture
has
stated
that
they do
not have
the
resources
to
conduct
these
additional
inspections
and will
have to
reduce
inspections
in other
areas
unless
funding
is
provided
by
Congress
to cover
the
increased
workload.
Birds
Under
Regulation
If the
petition
to amend
the AWA
and
include
birds is
accepted,
USDA
APHIS
officials
have
stated
that it
is
possible
the
regulations
would
cover
all bird
breeding
facilities
except
very
small
hobby
breeders
with few
sales.
The
regulations
would
potentially
cover
birds on
display
at bird
exhibitions,
birds
used in
performance
shows,
birds
being
transported,
birds at
zoos,
and
birds
sold by
bird
dealers
and
stores.
Inspection
of
breeding
facilities
would
include
inspection
of
aviaries
in
homes.
Regulations
that
have not
yet been
written
would
govern
the
standards
that
bird
breeders
must
meet in
order to
be
approved.
USDA
officials
indicate
that it
would be
a
nightmare
to set
standards
to meet
the
needs of
each
species
for
appropriate
cage
space,
perches
and
diet.
Bird
breeders
and all
others
falling
under
these
regulations
would
incur
costs
for
licensing
and
registration
and
might
also
incur
costs to
come
into
compliance
with the
regulations.
Therefore,
all that
might be
affected
by this
change
in the
AWA
would be
wise to
take
time to
comment
on the
petition,
either
by hard
copy or
the
Internet.
Bird
breeding
facilities
that are
certified
under
the
Model
Aviculture
Program
would do
well to
mention
this
program
as an
alternative
to
government
inspections.
Every
comment
counts.
Information
on the
comment
process
follows.
Comment
Deadline
Comments
received
on or
before
March
29, 1999
will be
considered.
Comments
will be
received
in only
two
ways:
hard
copy (on
paper
via
mail) or
the
Internet.
Comments
must be
submitted
as
described
below.
Comments
sent to
any
other
address
will not
be
considered.
Comment
Address
Please
send an
original
and
three
copies
to:
Docket
No.
98-106-1.
Regulatory
Analysis
and
Development.
PPD,
APHIS,
Suite
3CO3,
4700
River
Road,
Unit 118
Riverdale,
MD
20737-1238
Please
state in
your
letter
that
your
comments
refer to
Docket
No.
98-106-1.
People
who want
to see
the
comments
that
have
been
submitted
can view
them at
USDA in
Washington,
DC.
Please
call
ahead to
facilitate
entrance
at (202)
690-2817.
E-mail
submitted
comments
must be
done by
using a
form
located
on the
Internet
at
http://comments.aphis.usda.gov.
Electronically
submitted
comments
need
only be
submitted
once.
Comments
from the
public
are
available
for
viewing
at the
same
Internet
address.
The
Internet
form
requests
comments
on the
following
five
questions:
Should
the
definition
of
"animal"
in 9 CFR
part 1
be
revised
to
include
laboratory
rats,
laboratory
mice and
birds,
or any
of the
three?
If
the
definition
of
"animal"
in 9 CFR
part 1
is
amended
to
include
laboratory
rats,
laboratory
mice and
birds,
should
Animal
Care
regulate
the care
provided
to these
species
in all
circumstances
covered
by the
AWA or
in
certain
circumstances,
such as
use in
research,
only?
The
AWA
requires
that
USDA
inspect
all
research
facilities
at least
once a
year.
Because
of
current
and
anticipated
resources
for AWA
enforcement,
any
coverage
of rats,
mice, or
birds
would
result
in
significantly
reduced
numbers
of
inspections
for
other
AWA-regulated
entities,
such as
dog and
cat
dealers,
intermediate
handlers
and
carriers,
large
and
small
zoos,
and
circuses.
Should
AWA
enforcement
activities
be equal
for all
species
covered
by the
AWA? If
not,
what
should
be the
relative
priorities?
If
the
definition
of
"animal"
in 9 CFR
part 1
is
amended
to
include
laboratory
rats,
laboratory
mice,
and
birds,
how many
additional
facilities
would
come
under
USDA
regulation?
Any
other
comments?
Background
On The
AWA
The
Secretary
of
Agriculture
is
authorized
to set
up
standards
and
other
requirements
governing
the
humane
handling,
care,
treatment
and
transportation
of
certain
animals
by
dealers,
research
facilities,
exhibitors
and
carriers
and
handlers.
The
Secretary
has
delegated
responsibility
for
administering
these
regulations
to the
Animal
and
Plant
Health
Inspection
Service
(APHIS)
of the
U.S.
Department
of
Agriculture
(USDA).
Definition
Of
Animal
The
petition
requests
an
amendment
to the
definition
of
animal
to
include
birds,
rats and
mice. At
present
the term
animal
as
defined
in the
AWA, 9
CFR 1.1,
is as
follows:
"any
live or
dead
dog,
cat,
nonhuman
primate,
guinea
pig,
hamster,
rabbit,
or any
other
warm-blooded
animal,
which is
being
used, or
is
intended
for use
for
research,
teaching,
testing,
experimentation,
or
exhibition
purposes,
or as a
pet.
This
term
excludes:
Birds,
rats of
the
genus
Rattus
and mice
of the
genus
Mus
bred for
use in
research,
horses
not used
for
research
purposes
and
other
farm
animals,
such as,
but not
limited
to
livestock
or
poultry
used or
intended
for use
for food
or
fiber,
or
livestock
or
poultry
used or
intended
for use
for
improving
animal
nutrition,
breeding,
management,
or
production
efficiency,
or for
improving
the
quality
of food
or
fiber.
With
respect
to a
dog, the
term
means
all
dogs,
including
those
used for
hunting,
security
or
breeding
purposes."
Since
1972 the
AWA
regulations
have
excluded
birds
and
laboratory
rats and
mice
from
coverage.
Although
the AWA
has been
amended
numerous
times
since
its
enactment,
Congress
has
never
expressed
any
dissatisfaction
with
these
exclusions.
AWA
Exclusions
The USDA
excludes
rats,
mice and
birds
from the
AWA
coverage
because
the USDA
believes
that the
vast
majority
of rats,
mice and
birds
currently
being
used in
biomedical
research
are
already
afforded
certain
protections
and that
the cost
of
extending
AWA
enforcement
to all
entities
and
facilities
that
handle
the
rats,
mice and
birds
would be
substantial.
USDA
also
believes
that
this
extended
coverage
would
have a
substantial
impact
on the
affected
entities.
Present
Research
Oversight
At
present,
USDA and
the
Public
Health
Service
(PHS)
estimate
that at
least 90
percent
of the
rats,
mice and
birds
used in
research
in the
U.S. are
provided
oversight
by the
PHS
assurance,
voluntary
accreditation,
or both.
Since
most
biomedical
research
in the
U.S. is
performed
in
laboratories
funded
in part
by PHS,
the PHS
Policy
on
Humane
Care and
Use of
Laboratory
Animals
covers
rats,
mice and
birds.
Furthermore,
there is
a
private
sector
inspection
and
accreditation
organization,
the
Association
for
Assessment
and
Accreditation
of
Laboratory
Animal
Care
International
(AAALAC),
that
inspects,
reviews
and
accredits
laboratories
that
meet or
exceed
the
animal
care
standards
specified
in the
Guide
for the
Care and
Use of
Laboratory
Animals,
a
publication
produced
by the
National
Research
Council
to help
institutions
care for
animals
in
scientifically,
technically
and
humanely
appropriate
ways.
For
further
information
on this
proposed
amendment
to the
Animal
Welfare
Act,
visit
your
local
library
and read
the
petition
in the
Federal
Register,
Vol. 64,
No. 18,
Thursday,
Jan. 28,
1999/Proposed
Rules on
page
4356, or
visit
the
website
containing
the
petition:
http://www.APHIS.USDA.gov/ac
and
click on
the site
at the
upper
right of
that web
page.
Should
the
definition
of
"animal"
in 9 CFR
part 1
be
revised
to
include
laboratory
rats,
laboratory
mice and
birds,
or any
of the
three?
