NAWA Home Page

NAWA's Approach to the Animal Welfare Act

The Animal Welfare Act is a very complex set of laws and regulations. The requirements of birds and bird facilities are even more complex. Therefore, the impact of AWA regulation on bird keeping is tremendously complex. In order to develop a complete proposal, NAWA has taken a multi pronged approach.

First, NAWA developed reasonable regulations for the Standards of Care that would be the least damaging and most appropriate to aviculture if put in place. These regulations were completed first, but they continue to be fine-tuned as more information comes in.

Second, came the work on exemptions and regulations. The USDA has some discretion over the regulations and who must be licenses. For example, current regulations for dogs and cats allow for the exemption of those who sell at retail only. Due to the potential for adverse effects on bird facilities, NAWA is proposing exemptions for birds that are designed to provide exemptions for the broadest number of breeders and dealers as possible. The data NAWA is gathering will help support the inclusion of the exemptions we are proposing.

Thirdly, NAWA is exploring the possibility of exempting birds completely from AWA regulation. The USDA does not want to cover birds if the effects of licensing are overly burdensome and destructive to aviculture. However, the USDA cannot arbitrarily make a blanket exemption for birds. Such an exemption would need to have strongly documented evidence that the regulations would be unreasonably burdensome to those involved in aviculture. The USDA is not experienced in the regulation of birds so they do not have the knowledge to gather data on the impact of regulating bird facilities. They must rely on aviculture to provide them with the documentation necessary to put in place such an exemption.

Total exemption may seem to contradict the court settlement, but that is not necessarily the case. The court case and settlement determined that birds cannot be excluded from the definition of "animal" in the AWA Law. Now that birds are included in the definition of animal, the USDA must develop appropriate regulations for birds. These regulations are developed by the Secretary of Agriculture who can exempt certain activities or animals from regulation with enough reason to do so. If it is shown that birds and bird keeperswill be adversely affected to an unreasonable degree by AWA regulation, then the Secretary of Agriculture can exempt birds on that basis.

Total exemption is a long shot. It is likely that regulation of bird facilities will occur at some level. NAWA has prepared for the worst and is now working for the best.