Establishing AWA Standards for Birds; Virtual Public Meetings

Citation85 FR 51368
Record Number2020-18134
Published date20 August 2020
SectionProposed rules
CourtAnimal And Plant Health Inspection Service
Federal Register, Volume 85 Issue 162 (Thursday, August 20, 2020)
[Federal Register Volume 85, Number 162 (Thursday, August 20, 2020)]
                [Proposed Rules]
                [Page 51368]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-18134]
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                Proposed Rules
                 Federal Register
                ________________________________________________________________________
                This section of the FEDERAL REGISTER contains notices to the public of
                the proposed issuance of rules and regulations. The purpose of these
                notices is to give interested persons an opportunity to participate in
                the rule making prior to the adoption of the final rules.
                ========================================================================
                Federal Register / Vol. 85 , No. 162 / Thursday, August 20, 2020 /
                Proposed Rules
                [[Page 51368]]
                DEPARTMENT OF AGRICULTURE
                Animal and Plant Health Inspection Service
                9 CFR Parts 1, 2, and 3
                [Docket No. APHIS-2020-0068]
                Establishing AWA Standards for Birds; Virtual Public Meetings
                AGENCY: Animal and Plant Health Inspection Service, USDA.
                ACTION: Notification of public meeting.
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                SUMMARY: We are notifying the public that the Animal and Plant Health
                Inspection Service will hold virtual listening sessions to receive
                public input on topics related to the development of regulations
                regarding the welfare of birds not bred for use in research.
                DATES: The virtual listening sessions will be held by webinar on
                Tuesday, September 29, 2020, at 11 a.m. Eastern Daylight Time (EDT);
                Wednesday, October 7, 2020, at 2 p.m. EDT; and Thursday, October 15,
                2020, at 5 p.m. EDT.
                FOR FURTHER INFORMATION CONTACT: Dr. Rosemary B. Sifford, Associate
                Deputy Administrator, Animal Care, APHIS, 4700 River Road, Unit 84,
                Riverdale, MD 20737; (301) 851-3498; [email protected].
                SUPPLEMENTARY INFORMATION: Under its regulations in title 9 of the Code
                of Federal Regulations (9 CFR), issued under the Animal Welfare Act, or
                AWA (7 U.S.C. 2131 et seq.), the U.S. Department of Agriculture (USDA),
                Animal and Plant Health Inspection Service (APHIS) enforces
                requirements for the humane care and treatment of certain animals that
                are exhibited to the public, sold for use as pets, used in research, or
                transported commercially.\1\ Although the AWA authorizes the regulation
                of birds not bred for use in research, APHIS has not to this date
                promulgated regulations and standards for the humane care and treatment
                of such birds.
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                 \1\ Animals used for agricultural purposes are not regulated
                under the AWA. See 7 U.S.C. 2132(g)(defining ``animal'').
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                 On January 10, 2020, the U.S. Circuit Court of Appeals for the D.C.
                Circuit found, in its Opinion in the case American Anti-Vivisection
                Society and Avian Welfare Coalition v. USDA, that the AWA requires
                APHIS to issue standards applicable to birds and that APHIS has not
                issued such standards (Case #19-5015). On remand, the U.S. District
                Court for the District of Columbia stayed the case on May 26, 2020,
                setting forth the timeline for rulemaking to establish such standards
                (Case # 1:18-cv-01138-TNM).
                 Pursuant to the AWA, the D.C. Circuit Opinion, and the Stay, we
                intend to extend enforcement of the AWA to include birds other than
                those bred for use in research. However, before we consider what
                regulations and standards are appropriate for regulating such birds, we
                believe it is important to seek public input from stakeholders and
                other interested persons.
                 We are therefore scheduling a series of virtual listening sessions
                to gather information that will help us in developing regulations and
                standards that ensure the humane care and treatment of birds consistent
                with the AWA. Due to the COVID-19 pandemic, the listening sessions will
                be conducted virtually, by webinar.
                 The regulations in 9 CFR 2.1 and 2.25 provide licensing and
                registration requirements for dealers, exhibitors, operators of auction
                sales, and carriers and intermediate handlers. Section 2.1 also exempts
                certain entities from licensing, including retail pet stores that sell
                non-dangerous, pet-type animals, including birds, at retail only. In
                order to help us develop regulations for birds that support both
                stakeholder needs and animal welfare, during the listening sessions we
                will seek public input on the following questions:
                 Should we revise or add exemptions for certain dealers,
                exhibitors, operators of auction sales, and carriers and intermediate
                handlers of birds not bred for use in research? If so, what should
                those exemptions be? Please provide supporting data if possible.
                 Are there thresholds beyond which an entity should not be
                required to be licensed? For example, we are aware that there are many
                entities who breed small numbers of birds; if we should exempt those
                entities, what exemption criteria should we use?
                 Are there certain species which should be exempt?
                 Are there appropriate performance-based standards we could
                establish across a wide variety of species of birds? Can we use classes
                of birds to set performance-based standards appropriate for the class?
                If so, what might these classes look like?
                 How do bird breeders avoid interfering with nesting and
                breeding or other biological activities of birds? How can we ensure
                that housing, feeding, or inspection requirements do not interfere with
                these activities?
                 The listening sessions will be held on Tuesday, September 29, 2020,
                at 11 a.m. Eastern Daylight Time (EDT); Wednesday, October 7, 2020, at
                2 p.m. EDT; and Thursday, October 15, 2020, at 5 p.m. EDT. Participants
                will need to register in advance in order to participate in the
                listening sessions. Registration instructions and updated session
                information can be accessed on the APHIS Animal Care News and
                Information web page at https://www.aphis.usda.gov/aphis/ourfocus/animalwelfare/aw-news, or may be obtained from the person listed under
                FOR FURTHER INFORMATION CONTACT. We also encourage interested persons
                to subscribe to APHIS' Stakeholder Registry to receive updated
                information by email about the upcoming listening sessions. You can
                find the link for subscribing to the Stakeholder Registry by scrolling
                down the APHIS Animal Care News and Information web page.
                 Done in Washington, DC, this 13th day of August 2020.
                Mark Davidson,
                Acting Administrator, Animal and Plant Health Inspection Service.
                [FR Doc. 2020-18134 Filed 8-19-20; 8:45 am]
                BILLING CODE 3410-34-P
                

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