| LEGISLATIVE ALERT - 2005 |
| NFSS Members, Below is a copy of an April 2005 news release from The National Avian Welfare Alliance (NAWA). Your NAWA representatives from the National Finch & Softbill Society are President Sally Huntington, Vince Huntington and 2nd Vice President Harry Bryant. |
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Animal Welfare Act Update April, 2005 The comment period regarding the inclusion of birds under the Animal Welfare Act closed on November 1, 2004. It's currently in the hands of the USDA who are in the process of reviewing the comments on this docket number. According to Dr. DePoyster, the USDA/APHIS Veterinary Medical Officer, over 7000 comments were received, many of which referenced the NAWA proposal. Dr. DePoyster indicated that he is about halfway through the stack of comments at the time of this announcement. Dr. DePoyster further states, "In the near future, we will be bringing in members of our Bird Regulation Team to further go over all 7,000 plus comments and further nail down the different groupings and content of the comments. Once that is done, and most likely during the time the Team is in, we will draft our answers to the comments. I would expect that we could at least get that far before summer arrives." "We do take all comments seriously and all will be considered in final decisions." The comments received by USDA will help them determine how to comply with their mandate to enforce the Animal Welfare Act. The lawsuit settlement that got birds included in the AWA only required that birds be included in the definition of "animal" under the Act. The settlement did not spell out how birds would be regulated under the Act. The USDA has some discretion on this matter. Dr. Gipson, USDA/APHIS Deputy Administrator, reported that a Listening session with the USDA Secretary and Under Secretary was held on March 23,2005. Brenda Piper, from the American Federation of Aviculture was in attendance and read a prepared statement on behalf of AFA. Dr. Gipson further states, "There has been no direct discussion with the Secretary regarding regulating birds and I am sure he is aware of the legislative change requiring the action since he has received many briefings regarding issues." In September of 2004, NAWA suggested that USDA/APHIS create the position of Aviculture Specialist. This person should be someone with broad knowledge and experience with the captive management and breeding of a variety avian species. It would be advantageous if this person were familiar with regional differences in facility design and husbandry techniques due to local climate conditions. A strong background in avian diseases would also be an asset. A person in such a position would provide valuable assistance in drafting and finalizing any regulations and would be especially beneficial in the designing and implementing the training program and inspection manuals for USDA/APHIS staff. Dr. Gipson provided the following information in response to this suggestion: "I can share with you that Dr. DeHaven has approved recruiting a Veterinarian with a background in Aviculture and we are just starting the recruitment process." When the USDA makes their determination on the regulation of birds under the AWA, it will be published in the Federal Register as a Proposed Rule. Dr. Gipson indicated that they will be accepting additional comments at that time, and then they may further refine their ruling. This will take additional time, after which, the USDA will publish a Final Rule which usually becomes effective at least 30 days after publication. The timeline for this entire process to come to completion is not set. The USDA has a large and complicated task ahead in order to make an appropriate determination on how birds will be included under the AWA. NAWA will remain actively involved through this process and has informed the USDA that we remain eager to assist them with any concerns about the impact of AWA regulation on aviculture. |
Last modified: April 18, 2005
2004 National Finch and Softbill Society
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