The Animal Welfare Act (AWA)1 defines an animal as “any live or dead dog, cat, nonhuman primate, guinea pig, hamster, rabbit, or any other warm-blooded animal, which is being used, or is intended for use for research, teaching, testing, experimentation, or exhibition purposes, or as a pet. This term excludes birds, rats of the genus Rattus, and mice of the genus Mus, bred for use in research....”

To help determine whether an animal should be included in the USDA annual report, we can look at the USDA annual report instructions2, where the punctuation marks make a difference. “Regulated species are the only species included in this report and they are all live, warm-blooded species acquired or bred specifically by/for NIH for use in the IRP except for: aquatic species; birds; and rats of the genus Rattus and mice of the genus Mus bred for use in research. Rats and mice of any other genera, or rats or mice not bred for use in research, are covered by the AWRs and must be listed appropriately in Columns A through F.” The instructions state that birds should not be included in the report.

The Animal and Plant Health Inspection Service (APHIS) of USDA is still contemplating what the regulations for standard care of birds not specifically bred for research will encompass. The AWA did not originally include birds, and the 2002 amendment, which was written to synchronize the current regulations and the AWA, excluded only birds bred for research. Therefore, unless the birds are originally bred for research, they are covered under the AWA. At this time, however, there are no specific regulations for the care and use of birds. In June 2004, APHIS submitted an advance notice of proposed rulemaking and request for comments to the general public regarding Regulations and Standards for Birds, Rats, and Mice (http://www.aphis.usda.gov/publications/animal_welfare/2011/FS_QArmb.pdf). Since then, the government has been collecting information from many different specialists in different fields. This must be a daunting task, considering that there are more than 10,000 species of birds ranging in size, habitat, food, behavior, etc. The government has been working on the proposed rulemaking and should publish it in the near future for the public to make comments. Even after the public comment period, it may take several years for the final ruling to be published and implemented. Until that time, it would not be mandatory to include in the report the finches purchased at the pet store or from any pet animal vendor for Hollings' colony.

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