American Federation Of Aviculture
Legislative Report: August, 2001
Current Status Of Federal Laws: AWA, ESA,
ISA, WBCA
BY LAURELLA DESBOROUGH
Copyright Laurella Desbrough (eclectusbreeder.com).
All rights reserved by the author.
Animal
Welfare
Act,
AWA:
Last
year the
U.S.
Department
of
Agriculture,
USDA,
was sued
by
animal
rights
organizations
to force
the USDA
to
implement
regulations
on bird,
rats and
mice
under
the AWA.
The USDA
settled
and
agreed
to
formulate
those
regulations.
Representatives
of the
biomedical
research
industry
pressured
Congress
not to
budget
for
these
changes,
in order
to stop
the
process.
Congress
did not
fund the
USDA so
that
regulations
could be
created.
Last
week I
spoke
with my
contact
at USDA
and was
informed
that the
situation
remains
the same
for the
budget
this
year.
Unless
Congress
is
persuaded
to fund
the
creation
of the
regulations
on birds
for
2001, it
will
not
happen.
AWA
CONCERNS:
If or
when the
regulations
on birds
are
written,
the USDA
would
write
the
definition
and then
begin on
the
proposed
regulations,
starting
with
research
institutions.
Take
note
that
BIRD
BREEDERS
would be
included
in
these
regulations
under
the
definition
of
'dealer':
"...breeding
for the
wholesale
pet
trade";
"...any
person
in
commerce
who
buys,
sells,
negotiates
sales,
or
transports";
"...for
use as a
pet".
This is
the
language
in the
AWA
that
provides
the
authority
for the
regulation
of bird
breeders,
pet
stores,
dealers,
and
would
certainly
affect
most
aviculturists.
We will
be
watching
this
closely.
If and
when the
regulations
are
published
on
birds,
it will
be
absolutely
critical
that
each one
of us
respond
intelligently.
Endangered
Species
Act, ESA:
The US
Fish and
Wildlife,
USFWS,
is
required
to
review
all
listed
species
on the
ESA
every
five
years.
Right
now
Scarlet
chested
and
other
neophemas
are
still
under
regulation
and may
not be
freely
transported
across
state
lines
for
purposes
of
commerce
without
USFWS
permits;
birds to
remain
in
possession
of the
owner do
not
require
permits
to
cross
state
lines.
The
USFWS is
now
considering
species
which
might be
placed
on the
endangered
list or
removed
from
that
list.
Comments
are
being
received
from the
public.
SPECIALTY
SOCIETIES
might
take
note of
this
process
and
contact
USFWS to
see if
some
species
within
their
specialty
should
be
addressed.
ESA
CONCERNS:
For
years it
has been
suggested
that
certain
neophemas
be
removed
from the
regulated
list
requiring
state
permits.
Continued
efforts
should
be made
to see
that
this
occurs.
Invasive
Species
Act,
ISA:
Regulations
are
still
being
formulated
under
this
act with
a lot of
discussion
going on
regarding
property
rights
versus
endangered
species
needs.
With the
present
Administration
in
office,
the
effects
of this
act
and the
regulations
proposed
may be
colored
by the
political
activities
of
powerful
people
in
Washington
and in
the
various
states.
We are
watching.
Wild
Bird
Conservation
Act,
WBCA:
The
WBCA
became
law in
1992 and
effectively
ended
the
importation
of most
species
of
psittacine
birds,
(with
the
exception
of some
species
declared
as
produced
so
widely
in
captivity
as to
be
considered
domesticated:
some
lovebirds,
budgerigars
and
cockatiels).
The
WBCA
gave the
USFWS
the
authority
to
establish
certain
regulations
and
require
certain
permits,
specifically:
1.
Regulations
on
identification
of
individual
birds:
banding
or
microchipping,
2.
Regulations
on
registering
birds to
provide
information
on their
background,
3.
Regulations
on the
inspection
and
certification
of
aviaries.
Due to
the
successful
hearing
held
in 1995
where
over 100
representatives
of
aviculture
spoke on
those
three
issues,
the
USFWS
did not
at that
time
choose
to
establish
regulations
on
banding,
bird
registries,
or
aviary
inspections.
Presently
the
USFWS
has
requested
comments
on
species
for the
approved
list in
order to
determine
what
species
to add
or
remove.
WBCA
CONCERNS:
It is
not
known
when the
issues
regarding
banding,
bird
registeries
and
aviary
inspections
will be
addressed.
We are
informed
that
the
USFWS
does
plan to
streamline
the
regulations
and the
process
for
obtaining
cooperative
breeding
program
permits.
We are
also
informed
that the
regulations
regarding
overseas
breeding
facilities
will not
be
addressed
until
the new
director
of the
USFWS is
on
board,
which is
expected
to be
sometime
in
September.
All of
these
laws,
AWA,
ESA, ISA
and WBCA
are
national
laws,
and must
be
addressed
at that
level,
which
will be
the
responsibility
of the
AFA BOD
when
issues
come up
relating
to those
laws.
The AFA
will be
putting
out
information
through
the
Regional
Directors
to the
State
Coordinators
and thus
to the
Club
Delegates
indicating
what the
issues
are,
what
action
should
be
taken,
by whom,
and on
what
timeline.
Therefore,
it is
always
important
to
maintain
clear
lines of
communication.
It is
very
important
that
CLUB
DELEGATES
INFORM
CLUB
MEMBERS
at each
club
meeting
about
any
pending
legislative
issues
so that
our
actions
will be
successful.
Federal
laws
already
in place
are
being
used by
the
ANIMAL
RIGHTS
ORGANIZATIONS
to put
in place
regulations
or
effect
changes
in
regulations
regarding
every
conceivable
animal
issue.
Keep in
mind...animal
also
means
BIRD.
New laws
are
being
proposed
on a
routine
basis to
deal
with
various
pet
issues,
farming
issues,
research
issues,
transportation
of birds
and
animals
by air.
Keep in
mind,
the
ANIMAL
RIGHTS
folks
have
said:
"WE
CONTROL
THE
FEDERAL
CONGRESS
AND THE
FEDERAL
BUREAUCRACY
NOW. IN
A FEW
YEARS WE
WILL
CONTROL
THE
STATE
LEGISLATURES
TOO."
"IF WE
CAN
CONTROL
11% OF
THE
VOTERS,
WE CAN
WIN
CONTROL."
And what
do they
want to
do with
that
control...they
want to
restrict
possession
and
eliminate
breeding
of birds
and
animals,
or any
animal
use at
all!
But, if
we work
together
and
stand
firm and
communicate
with our
Congressmen,
they
won't
win.
Each one
of us
has more
power
with our
Congressman
than the
animal
rights
folks
do. We
are
constituents.
We are
voters.
Congressmen
respond
to their
constituents
because
they
have the
power to
put them
into
office
or
remove
them
from
office.
They
listen
to
reasonable
arguments.
Please
be sure
to
communicate
with
them.
STATE
LAWS:
AFA
State
Coordinators
are
going to
be
gathering
information
on
state
laws and
making
that
information
available
to
members
of the
AFA on a
website.
Check
the AFA
website
for
further
information
on
legislation:
