Comments are now being taken by the USDA regarding the regulation of birds under the federal Animal Welfare Act (AWA). The comment period ends Nov. 1. You can get details and learn how to comment at this website
National Avian Welfare Alliance
http://www.nawabirds.org/default.html

PEOPLE HAVE ASKED - WHY SHOULD I CARE ABOUT BIRDS BEING REGULATED UNDER THE ANIMAL WELFARE ACT (AWA)? ISN'T IT FOR THE BENEFIT OF THE BIRDS?

WHO WILL BE AFFECTED IF BIRDS ARE REGULATED?

WHO WILL BE REGULATED?

Everyone who keeps birds for "commercial" purposes, such as for breeding, exhibiting, dealing, brokering, transporting, selling at wholesale, or who deals with birds in a manner that is "in commerce" or that "affects commerce", will be subject to the AWA and the regulations that carry out the AWA. Here is a link to those regulations as they presently exist (before birds are added to the regulations). This is what being included under the AWA means to YOU if you breed or exhibit birds.

Pet owners will also be affected if bird breeders are forced out of business because of burdensome USDA licensing requirements - pet owners abilities to purchase healthy birds from breeders will be limited.

Note that the "Petsmarts" and "Petcos" are NOT REGULATED UNDER THE AWA - they will remain in business, while the good small breeders will be hurt and many go out of business.

Is this what bird lovers and bird owners want to see?

http://www.aphis.usda.gov/ac/cfr/9cfr2.html#2.1

You should understand that unless the USDA makes specific exemptions for specific kinds of bird breeders and bird keepers, this means that VIRTUALLY EVERY BIRD BREEDER, "RESPONSIBLE" OR "NOT RESPONSIBLE" WILL BE REGULATED UNDER THE AWA OR AFFECTED BY THE REGULATION OF BIRDS UNDER THE AWA, with the exception of (1) the owners of pet birds that never breed who don't ever want to acquire another bird, or (2) people who operate transport services for birds (such as services that will take your bird to the vet) or (3) retail pet stores that sell only at retail to the public, or (4) some rescues and sanctuaries who never let the public see their birds.

Some examples (these are only some of the situations that trigger inclusion under the AWA) - and remember, it only takes one qualifying situation or event and you are included under the AWA:

- If you are a pet bird owner, and your pair of pet birds has chicks, and you sell those chicks to the local petstore, you would then be subject to the AWA.

- If you are a small hobby breeder, who has just a few pairs of birds, and you sell those birds to another breeder, or to a wholesaler, or to a pet store, you will be subject to the AWA.

- If you raise lots of birds and you sell those birds to wholesalers, dealers, transporters, or petstores, you will be subject to the AWA.

- If you breed birds for conservation purposes, and you sell just one bird to another breeder who also breeds for conservation purposes, you will be subject to the AWA.

- If you hand feed birds for other breeders you will be subject to the AWA.

- If you are a private rescue or sanctuary, or a private person, and you exhibit birds to the public (such as taking them to schools, displaying them for educational purposes), you will be subject to the AWA.

If you are a pet owner, and you have purchased or obtained a bird in the past from any one of the people who will now be subject to the AWA, you must understand that as a result of the AWA regulations, many of those people will no longer be able to stay in business, and your ability to obtain healthy birds as pets will be restricted. The rescues and sanctuaries will not be able to fill the huge demand for pet birds.

LICENSING REQUIREMENTS

"Any person operating or desiring to operate as a dealer or exhibitor" is required to have a license under the AWA (see the link provided - section 2.1 and 2.2).

In order to obtain a license you must be in compliance will all regulations and standards under the AWA - you must comply before you are given a license (see the link provided - section 2.3)

Licensed people must make financial reports annually to the USDA (see the link provided - section 2.7)

You will be subject to the licensing requirements for those who are subject to the AWA in the link (see sections 2.1 - 2.27).

VETERINARY SERVICES, ANIMAL IDENTIFICATION

You will be subject to the veterinary services requirements (see section 2.40).

You will be subject to the animal identification requirements (see sections 2.50 - 2.55).

RECORDKEEPING, INSPECTIONS, COMPLIANCE WITH ALL STANDARDS

You will be required to keep detailed records, and have those records available for inspection by USDA inspectors upon demand during normal business hours, and allow your premises and animals to be inspected and photographed (see section 2.75 - 2.77, and 2.80, and 2.126).

Your name and address will be made public (see section 2.127).

Law enforcement can enter your premises to search for missing animals (not yours) (see section 2.128)

You must comply with all AWA standards (see section 2.100).

You must furnish information demanded by the USDA about your business (see section 2.125)

NON-COMPLIANCE CAN RESULT IN LOSS OF YOUR LICENSE

If you are found to be in violation of the requirements of the AWA, you can lose your license to breed and sell your birds, and you may be subjected to civil and criminal penalties.

IF YOU WELCOME BEING REGULATED UNDER THE AWA, READ NO FURTHER.

BUT, IF THESE REGULATIONS CONCERN YOU, if you think that it may have a negative impact on your birds and on you, if you think that it is not necessary for the government and its inspectors to be policing you and your birds, or, if you are a pet owner who wants to be able to continue to be able to buy healthy pet birds from breeders, please read the NAWA position statements and proposals, and SEND YOUR FORMAL WRITTEN COMMENTS TO THE USDA NOW IN SUPORT OF THE NAWA POSITION AND PROPOSALS. You need to ACT NOW. After Nov 1, 2004 your comments won't be heard.