u.s. federal regulations and avian welfare

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Jeleen Briscoe,VMD, DABVP (Avian) USDA APHIS Animal Care Program [email protected] @JeleenVMD Phoenix Landing November 2012 Federal Regulations and Avian Welfare

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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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Page 1: U.S. Federal Regulations and Avian Welfare

Jeleen Briscoe, VMD, DABVP (Avian)USDA APHIS Animal Care Program

[email protected] @JeleenVMDPhoenix Landing November 2012

Federal Regulations and Avian Welfare

Page 2: U.S. 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

Page 3: U.S. Federal Regulations and Avian Welfare

What Animal Care is NOT

Page 4: U.S. Federal Regulations and Avian Welfare

What Animal Care is NOT

Page 5: U.S. Federal Regulations and Avian Welfare

What Animal Care is NOT

Page 6: U.S. Federal Regulations and Avian Welfare

What Animal Care is NOT

Page 7: U.S. Federal Regulations and Avian Welfare

What Animal Care is NOT

Page 8: U.S. Federal Regulations and Avian Welfare

Animal Care Mission

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Horse Protection Act

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Emergency Response for Pets

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Animal Welfare ActFederal law

Minimum standardsCare and treatment

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Animal Welfare ActBred for Commercial Sale

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Animal Welfare ActUsed in Research

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Animal Welfare ActTransported Commercially

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Animal Welfare ActExhibited to the Public

Page 16: U.S. Federal Regulations and Avian Welfare

Not covered

Page 17: U.S. Federal Regulations and Avian Welfare

Not covered

Page 18: U.S. Federal Regulations and Avian Welfare

Not covered

Birds, rats, mice , bred for use in research

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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

Page 22: U.S. Federal Regulations and Avian Welfare

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

Page 23: U.S. Federal Regulations and Avian Welfare

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

Page 24: U.S. Federal Regulations and Avian Welfare

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

Page 25: U.S. Federal Regulations and Avian Welfare

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

Page 26: U.S. Federal Regulations and Avian Welfare

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

Page 27: U.S. Federal Regulations and Avian Welfare

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

Page 28: U.S. Federal Regulations and Avian Welfare

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

Page 29: U.S. Federal Regulations and Avian Welfare

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

Page 30: U.S. Federal Regulations and Avian Welfare

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

Page 31: U.S. Federal Regulations and Avian Welfare

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

Page 32: U.S. Federal Regulations and Avian Welfare

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

Page 33: U.S. Federal Regulations and Avian Welfare

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

Page 34: U.S. Federal Regulations and Avian Welfare

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

Page 35: U.S. Federal Regulations and Avian Welfare

AWA Enforcement Actions

Photos courtesy of Dr. Laurie Gage

Page 36: U.S. Federal Regulations and Avian Welfare

Photos courtesy of Dr. Laurie Gage

T=39 days

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How Did We Get Here?!

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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...

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90-95% of animals used in research are rats, mice, or birds

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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”)

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“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.”

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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...

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Why federal regulations?

Page 44: U.S. Federal Regulations and Avian Welfare

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

Page 45: U.S. Federal Regulations and Avian Welfare

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

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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

Page 49: U.S. Federal Regulations and Avian Welfare

Animal Welfare ActHistory

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Animal Welfare Act

Animal: “...birds, rats of the genus Rattus, mice of the genus Mus, not bred

for use in research”

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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?

Page 52: U.S. Federal Regulations and Avian Welfare

What next?

RegulationProposed ruleComment periodFinal rule

ImplementationTrainingInspection GuidesPolicy GuidesEnforcement Program

Page 53: U.S. Federal Regulations and Avian Welfare

Regulation

Page 54: U.S. Federal Regulations and Avian Welfare

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.

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Feeding and Watering

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§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

Page 57: U.S. Federal Regulations and Avian Welfare

Engineering- vs. performance- based

Page 58: U.S. Federal Regulations and Avian Welfare

§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.

Page 59: U.S. Federal Regulations and Avian Welfare

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.

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(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

Page 63: U.S. Federal Regulations and Avian Welfare

Implementation

Page 64: U.S. Federal Regulations and Avian Welfare

How many facilities?Research Facilities

Distributors

Breeders

Exhibitors

Carriers/Transporters

Page 65: U.S. Federal Regulations and Avian Welfare

Exempt Activities

Breeders that earn less than $500 gross income annually from wholesale of regulated animals

Page 66: U.S. Federal Regulations and Avian Welfare

The Bird Challenge:

VarietyOver 9000 species from 30 taxonomical orders

American FlamingosNational Zoo

Chilean FlamingosLincoln Park Zoo

Page 67: U.S. Federal Regulations and Avian Welfare

Small Parrot Breeder“Hobby Breeder”

Large Commercial Parrot Breeding Facility

The Bird Challenge:

Range

Page 68: U.S. Federal Regulations and Avian Welfare

Sylvan Heights Waterfowl

Alex PepperbergGrey Parrot

The Bird Challenge:

number

Page 69: U.S. Federal Regulations and Avian Welfare

The Bird Challenge:

expertise

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Aviculturists

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Researchers

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Exhibitors

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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

Page 74: U.S. Federal Regulations and Avian Welfare

Animal Rights Organizations

Page 75: U.S. Federal Regulations and Avian Welfare

Who influences the development

of federal regulations?

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Minimum RequirementsScientific?Effective?Enough?

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Why should you care?

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'I take bad birds ... and I give them a life' By ANGEL McCURDY / Daily NewsPublished: Wednesday, October 17, 2012 at 14:13 PM.

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