As a result of a 23-year legal effort led by AAVS and the Avian Welfare Coalition (AWC), the U.S. Department of Agriculture (USDA) has finally enacted federal protection for birds used in commerce, which has been required for nearly a quarter of a century. Birds protected by these regulations are those exploited in certain commercial industries, including for exhibition, breeding, the pet trade, and some types of research.

“AAVS has been determined to not allow the federal government’s legal obligation to be ignored and fade into some historical footnote,” said AAVS President Sue Leary. “The court case that finally compelled USDA to enact the regulations was the latest in a series of efforts, but as an organization that’s been fighting on behalf of animals for 140 years, we understand the need for perseverance in order to achieve meaningful, lasting change.”

AWC drafted comprehensive, species-specific standards for the care and treatment of birds covered under the AWA, addressing serious animal welfare issues. The government did not dispute many of the ethical and scientific arguments made by AAVS and AWC, and its final regulations include requirements for the transport of baby birds, wading areas for aquatic birds, and psychological enrichment for all covered birds.

However, AAVS and AWC are disappointed that the USDA decided to not include regulations to address the need for flight, a vital behavior for most birds. The agency also granted an inexplicable exemption from coverage for many breeders and sellers of birds based on animal size, allowing substantial breeding operations to evade regulation. However, the agency still expects that over 5,975 facilities will be “newly regulated” once the new rules go into effect.