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Who will be regulated?

WHY SHOULD WE CARE ABOUT BIRDS BEING REGULATED
UNDER THE ANIMAL WELFARE ACT (AWA)?
ISN'T IT FOR THE BENEFIT OF THE BIRDS?
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. 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 EVERYONE WHO KEEPS BIRDS WILL BE REGULATED UNDER THE AWA, with the exception of the owners of pet birds who never breed or sell their birds.

For example (these are only some of the situations that trigger inclusion under the AWA under the current set of regulations):
  • If you are a petbird owner, and your pair of pet birds has chicks, and you sell those chicks to the local pet store, you would then be subject to AWA regulation.If you are a small hobby breeder,whohas just a few pairs of birds, and you sell those birds to another breeder, or to a wholesaler, or to apet store, you will be subject to AWA regulation.
  • If you raise lots of birds and you sell those birds to wholesalers, dealers, transporters, or pet stores, you will be subject to AWA regulation.
  • If you breed birds for conservation purposes, and you sell just one bird to another breeder who also breeds for conservation, you will be subject to AWA regulation.
  • If you hand feed birds for other breeders you will be subject to AWA regulation.
  • 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 AWA regulation.


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, understand that as a result of the AWA regulations,many of them will no longer be 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 theveterinary servicesrequirements(see section 2.40).

You will be subject to theanimal 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 inspectionby 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 1.126).

Your name and address will be made public (see section 1.127).

Law enforcement can enter your premises to search for missing animals (not yours) (see section 1.128).

You must comply with allAWA standards (see section 2.100).

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

NON-COMPLIANCECAN RESULT INLOSS 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.

IF YOU WELCOME THE GOVERNMENT HAVING THE RIGHT TO ACCESS YOUR HOME WITHOUT A WARRANT; IF YOU WELCOME HAVING THE CONTENTS OF YOUR BIRD COLLECTION AND YOUR ADDRESS BEING PUBLIC INFORMATION; 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,and if you think that it is not necessary for the government and its inspectors to be policing you and your birds, please read the NAWA position statements and proposals, and urge your local Bird Club to join NAWA to keep informed on how to respond to the USDA during this regulatory development period.

For further information, please visit www.nawabirds.org regularly.