[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.
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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