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Presented to the Phoenix Landing group in 2012, this talk covers the background and challenges to creating regulations for avian welfare under the Animal Welfare Act.
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Jeleen Briscoe, VMD, DABVP (Avian)USDA APHIS Animal Care Program
[email protected] @JeleenVMDPhoenix Landing November 2012
Federal Regulations and Avian Welfare
United States Department of Agriculture
Secretary of Agriculture
Marketing and Regulatory Programs
Agricultural Marketing Service Animal and Plant Health Inspection Service
Grain Inspection, Packers, and Stockyards Administration
Biotechnology Regulatory Services International Services
Plant Protection and Quarantine Veterinary Services
Wildlife Services Animal Care
What Animal Care is NOT
What Animal Care is NOT
What Animal Care is NOT
What Animal Care is NOT
What Animal Care is NOT
Animal Care Mission
Horse Protection Act
Emergency Response for Pets
Animal Welfare ActFederal law
Minimum standardsCare and treatment
Animal Welfare ActBred for Commercial Sale
Animal Welfare ActUsed in Research
Animal Welfare ActTransported Commercially
Animal Welfare ActExhibited to the Public
Not covered
Not covered
Not covered
Birds, rats, mice , bred for use in research
housing ventilation
lighting interior surfaces
primary enclosures sanitation
pest control feeding and watering
outdoor shelter compatibility
record-keeping handling
transport (contingency plans)
APHIS Animal Care Inspections
housing ventilation
lighting interior surfaces
primary enclosures sanitation
pest control feeding and watering
outdoor shelter compatibility
record-keeping handling
transport (contingency plans)
APHIS Animal Care Inspections
housing ventilation
lighting interior surfaces
primary enclosures sanitation
pest control feeding and watering
outdoor shelter compatibility
record-keeping handling
transport (contingency plans)
APHIS Animal Care Inspections
housing ventilation
lighting interior surfaces
primary enclosures sanitation
pest control feeding and watering
outdoor shelter compatibility
record-keeping handling
transport (contingency plans)
APHIS Animal Care Inspections
housing ventilation
lighting interior surfaces
primary enclosures sanitation
pest control feeding and watering
outdoor shelter compatibility
record-keeping handling
transport (contingency plans)
APHIS Animal Care Inspections
housing ventilation
lighting interior surfaces
primary enclosures sanitation
pest control feeding and watering
outdoor shelter compatibility
record-keeping handling
transport (contingency plans)
APHIS Animal Care Inspections
housing ventilation
lighting interior surfaces
primary enclosures sanitation
pest control feeding and watering
outdoor shelter compatibility
record-keeping handling
transport (contingency plans)
APHIS Animal Care Inspections
housing ventilation
lighting interior surfaces
primary enclosures sanitation
pest control feeding and watering
outdoor shelter compatibility
record-keeping handling
transport (contingency plans)
APHIS Animal Care Inspections
housing ventilation
lighting interior surfaces
primary enclosures sanitation
pest control feeding and watering
outdoor shelter compatibility
record-keeping handling
transport (contingency plans)
APHIS Animal Care Inspections
housing ventilation
lighting interior surfaces
primary enclosures sanitation
pest control feeding and watering
outdoor shelter compatibility
record-keeping handling
transport (contingency plans)
APHIS Animal Care Inspections
housing ventilation
lighting interior surfaces
primary enclosures sanitation
pest control feeding and watering
outdoor shelter compatibility
record-keeping handling
transport (contingency plans)
APHIS Animal Care Inspections
housing ventilation
lighting interior surfaces
primary enclosures sanitation
pest control feeding and watering
outdoor shelter compatibility
record-keeping handling
transport (contingency plans)
APHIS Animal Care Inspections
housing ventilation
lighting interior surfaces
primary enclosures sanitation
pest control feeding and watering
outdoor shelter compatibility
record-keeping handling
transport (contingency plans)
APHIS Animal Care Inspections
housing ventilation
lighting interior surfaces
primary enclosures sanitation
pest control feeding and watering
outdoor shelter compatibility
record-keeping handling
transport (contingency plans)
APHIS Animal Care Inspections
AWA Enforcement Actions
Photos courtesy of Dr. Laurie Gage
Photos courtesy of Dr. Laurie Gage
T=39 days
How Did We Get Here?!
Definition of AnimalPre Farm Bill 2002
Live or dead dog, cat, monkey, guinea pig, hamster, rabbit, or such other warm-blooded animal...but such term excludes (1) birds, rats of the genus Rattus and mice of the genus Mus bred for use in research...
90-95% of animals used in research are rats, mice, or birds
Slice of History
1989: Remove the exclusion Petition (ALDF & HSUS)
1999: Remove the exclusion LAWsuit (ARDF, IVI)
2000: USDA settled Suit
2000-2002: lobbying against exception (NABR)
2000: Farm Bill amendment (“Helms Amendment”)
“Approval of this amendment will make sure that none of the important work taking place in the medical research community will be delayed, made more expensive, or be otherwise compromised by regulatory shenanigans on the part of the U.S. Department of Agriculture.”
The Farm Bill 2002 THE COMMAS
BEFORE: excludes (1) birds, rats of the genus Rattus and mice of the genus Mus bred for use in research
AFTER: excludes (1) birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research...
Why federal regulations?
Fringe
Scientists Academia
Interest Groups
Media
Public
Politicians
Emergence Trigger Event
Crisis/Public Positioning
Resolution
Publicity Exposure and
who is involved
Phase
Anticipatory Crisis
Best opportunity to Save Resources
The General Life Cycle of an Issue
Time
Source: Corporate Environmental Strategy, Autumn, 1997
Deborah Anderson, Procter & GambleCourtesy of Don Butler
Fringe
Scientists Academia
Interest Groups
Media
Public
Politicians
Emergence Trigger Event
Crisis/Public Positioning
Resolution
Publicity Exposure and
who is involved
Phase
Anticipatory Crisis
Best opportunity to Save Resources
The General Life Cycle of an Issue
Time
Source: Corporate Environmental Strategy, Autumn, 1997
Deborah Anderson, Procter & GambleCourtesy of Don Butler
How does our “System” respond?
“The dog was taken away from this little boy, and to watch his face was a singularly revealing and tragic experience. This legislation was born at that moment.”
-- Rep Tom Lantos (D-CA)
Hurricane KatrinaThe PETS Act
Animal Welfare ActHistory
Animal Welfare Act
Animal: “...birds, rats of the genus Rattus, mice of the genus Mus, not bred
for use in research”
2004notice of proposed rulemaking
BirDs, Rats, Mice
Number and size of entities? Types of species?Facilities and operations?ID, diet, sanitation, housing?Transportation?Biosafety?Exemptions?
What next?
RegulationProposed ruleComment periodFinal rule
ImplementationTrainingInspection GuidesPolicy GuidesEnforcement Program
Regulation
Subpart B §3.29 Feeding Guinea Pigs and Hamsters
(a) ...The food shall be free from contamination, wholesome, palatable, and of sufficient quantity and nutritive value to meet the normal daily requirements for the condition and size of the guinea pig or hamster.
Feeding and Watering
§3.6 Primary enclosuresDogs and Cats
(a)(2)(xi) Provide sufficient space to allow each dog and cat to turn around freely, to stand, sit, and lie in a comfortable, normal position, and to walk in a normal manner
Engineering- vs. performance- based
§2.131 Handling of animals
(c)(1) During public exhibition, any animal must be handled so there is minimal risk of harm to the animal and to the public, with sufficient distance and/or barriers between the animal and the general viewing public so as to assure the safety of animals and the public.
Subpart D Nonhuman Primates §3.81 Environmental enhancement to promote psychological well-being
(b) Environmental enrichment. The physical environment in the primary enclosures must be enriched by providing means of expressing noninjurious species-typical activities. Species differences should be considered when determining the type or methods of enrichment.
(a) Each dealer or exhibitor shall have an attending veterinarian who shall provide adequate veterinary care to its animals in compliance with this section.(1) Formal arrangement (2) Ensure veterinarian has appropriate authority
(b) Veterinary program should include:(1) Appropriate facilities and personnel(2) Appropriate methods(3) Daily observation(4) Adequate guidance to personnel(5) Adequate pre- and post-procedural care
Subpart D Attending Veterinarian and Adequate Veterinary Care
Implementation
How many facilities?Research Facilities
Distributors
Breeders
Exhibitors
Carriers/Transporters
Exempt Activities
Breeders that earn less than $500 gross income annually from wholesale of regulated animals
The Bird Challenge:
VarietyOver 9000 species from 30 taxonomical orders
American FlamingosNational Zoo
Chilean FlamingosLincoln Park Zoo
Small Parrot Breeder“Hobby Breeder”
Large Commercial Parrot Breeding Facility
The Bird Challenge:
Range
Sylvan Heights Waterfowl
Alex PepperbergGrey Parrot
The Bird Challenge:
number
The Bird Challenge:
expertise
Aviculturists
Researchers
Exhibitors
Veterinarians
Feeding
Basic Care
Signs of Illness
Health Examination
Chlamydiosis
When Should I Take My Bird to a Vet?Feather Loss
Injury Prevention & Emergency Care
Behavior
Health Examination
Animal Rights Organizations
Who influences the development
of federal regulations?
Minimum RequirementsScientific?Effective?Enough?
Why should you care?
'I take bad birds ... and I give them a life' By ANGEL McCURDY / Daily NewsPublished: Wednesday, October 17, 2012 at 14:13 PM.