Getting Better All the Time

Attaining Greater Practical Understanding of the New Bird Regulations to Bolster Inspection Readiness and to Benefit Birds

By James F. Gesualdi

To keep ahead, each one of us, no matter what our task, must search for new and better methods—for even that which we now do well must be done better tomorrow.
—James F. Bell

To understand is to know what to do.
—Ludwig Wittgenstein

The more knowledge you've got, the more understanding you have, the better you are able to implement and pass it on to others.
—Tony Orlando

Continuing the Commitment to You and to Birds

Everyone reading this wants birds and other wildlife, especially those covered under the Animal Welfare Act (AWA), to live even better lives—where their interests, protection, and well-being are foremost and advanced. The new welfare standards for birds published by the U.S. Department of Agriculture (USDA) Animal and Plant Health Inspection Service (APHIS) represent a meaningful step forward for birds. This column has endeavored to make the most of these regulations and associated, still-evolving guidance to help you better help birds by weighing in on and preparing for the regulations during the rulemaking process, and offering insights on how to be ready for implementation and inspection. The regulations have now been legally in operation, inspected, and enforced with respect to existing licensees like zoos, aquariums, wildlife parks, and sanctuaries for several months, so this is a good time to review the real-world application of the regulations.

Examining Implementation of the Bird Regulations

To distill insights, patterns, and lessons into a useful column, the following have been undertaken: ongoing conversations with regulated entities about birds, the regulations, and their efforts and challenges; visiting and checking out some bird facilities; review of representative bird-related citations for noncompliances in inspection reports within the agency's Public Search Tool database (which now makes it possible to search for bird-specific regulatory provisions and types of birds); re-review of the regulations and agency guidance on its website, including helpful recent additions to the Animal Welfare Inspection Guide discussed in the October 2023 Academy newsletter (view here); and seeking out the ever helpful Dr. Cody Yager, Avian Species Specialist for the agency’s Center for Animal Welfare and a leader in developing the regulations and guiding the inspectors applying them.

Further Agency Actions

Dr. Yager reported on continuing agency efforts through the rollout of the bird regulations. To complement Dr. Yager's regulatory experience, a veterinarian with clinical avian experience, Dr. Kelly Helmick, has been added to the national policy staff. Agency officials, including inspectors, have continued outreach and education efforts, and new guidance documents, including an Animal Care Aid on environmental enrichment, are forthcoming, so keep checking the agency website's bird regulation and publications pages.

Significantly, Dr. Yager has led the agency's effort to monitor and track the implementation, including inquiries, inspections/inspection reports, noncompliances, and associated patterns. Through the first several hundred inspections, which have involved tens of thousands of birds, patterns have emerged. The most innovative portion of the regulations, environmental enrichment, has been the most frequently cited. This subsection (9 CFR 3.154) requires a written environmental enrichment plan, approved by the attending veterinarian, which addresses social grouping with exceptions due to a bird's behavior, condition, contagious disease, and/or incompatibility; environmental enrichment that should be species-specific; special considerations because of a bird's or birds' particular needs; restraint; and exemptions. (Refer to the regulations for specific, more detailed requirements.) While there are helpful, voluntary agency forms for Environment Enhancement for Nonhuman Primates (Form 7050) and Exercise Plan for Dogs (Form 7013) on the agency's publications page, there is not yet one for birds cleared for release. (Note: referring in the interim to the bird regulation in conjunction with the somewhat similarly outlined Nonhuman Primate form can provide a valuable check on your efforts.)

No other regulation has been cited with anywhere near the frequency of environmental enrichment. Other noncompliances cited in a number of inspections include veterinary care (2.40, usually for not documenting addition of birds and related measures to the written program of veterinary care); general recordkeeping relating to animals (birds) within a collection (2.75(b)); facilities, especially sharp projectiles and surfaces that may be harmful to the resident birds (along with similar items like rust and peeling paint); walk-in aviary handling (see Animal Welfare Inspection Guide section on this discussed in the October 2023 column; shade and shelter; contingency planning (adding documentation, training, equipment/resources for birds, 2.134); pest control; and sanitation.

Some General Impressions and Update(s)

Birds now regulated under the AWA are being observed and inspected along with all the associated items covered in the new standards. That is a good thing. Noncompliances are being identified and cited, which is helpful, instructive, and a driver of expedited improvements.

It is encouraging that many of the reported noncompliances are preventable and/or easily remedied. A few may take sustained effort in terms of larger facility renovations, but those too can be managed proactively and resolved (more on that below).

There have been a few differing interpretations reported, as well as perspectives at odds with a given inspector. Conscientious caregivers and curators are working diligently to ensure and exceed compliance, though for some, the transition to addressing these regulations has prompted concern about compliance with specific items—some because of uncertainty, others due to the magnitude of renovations. This column seeks to transform any uncertainty into constructive action. It's what we do here.

What Bird and Other Wildlife Caregivers and Curators Should Understand—and Can Do Now

What is new is old.
Experience with other animals and species regulated under the AWA is very helpful. That is, the bird regulations found in 9 CFR 3.150–3.168 are similarly organized under "Facilities and Operating Standards," "Animal Health and Husbandry Standards," and "Transportation Standards." Additionally, birds are subject to the same veterinary care, general recordkeeping, general handling, and contingency plan requirements as other species. AWA inspections are the "same as it ever was" (to quote Talking Heads) with birds added. Finally, even with no experience with the AWA, your expertise with birds should help you. Be prepared to document that expertise with the support of agency, professional, third-party, and scientific literature, as well as your organization's own experience with certain species and individual birds.
Bird inspections are not a mystery, and you can prepare for success.
Routine inspections are unannounced, but occur within different intervals depending on a number of factors, including compliance record and type of facility. (Pre-license inspections are announced and pre-scheduled.) Routine inspections may occur quarterly or annually (or at another frequency). Here are several steps to make the most of your inspections (including obtaining guidance on good practices, ongoing developments, and accelerating improvements).
- Regularly self-inspect your birds, bird facilities, bird health and well-being, operations, plans, policies, and protocols and priorities. When commencing self-inspections, do so at least monthly. If likely to have quarterly inspections, self-inspect monthly. For annual inspections, self-inspect quarterly.
- Use a team to self-inspect, and use self-inspection to prepare and train your team for the real thing. This is detailed further in Excellence Beyond Compliance® and previous Academy newsletter columns, Learning From Life Itself Helps Us Positively Impact Animals' Lives, January 2023; and Seven Steps to Regulatory and Reputational Success with Animal Welfare Act Compliance, November 2020.
- Quickly address and remedy items found on self-inspections, and document them.
- Maintain an up-to-date inspection checklist of changes and improvements, births, deaths, acquisitions and transfers, and appropriate documentation of these since the last inspection. Have a complete understanding of everything regarding any deaths. Also include items for which clarification or guidance should be requested from your inspector (for example, with respect to recent high-profile events elsewhere). This makes for the most constructive and productive inspections.
- Have an inspection team for inspections, including animal care staff, veterinarian, life support/water quality, facilities, and other reps, on hand or accessible. Have multiple experienced, trained backups for each team member so that personal time off, sick days, or vacations do not wreak havoc on your efforts.
- Promptly address and remedy any fixable items on the spot during the inspection, and document that. If it will take longer, get everything organized as quickly as possible and note the timing.
- As appropriate and as needed, ask for guidance/suggestions based upon the inspector's experience elsewhere.
- Be sure to have an exit briefing/interview with your CEO present to review the inspection report with the inspector.
- Post inspection: address and remedy any noncompliant items ASAP (or plan to do so), document, self-certify, and self-report the improvements (you can also consider self-posting the inspection report and improvements). Debrief as to potential inspection report appeal (if you have substantial differences with the contents and wording of the inspection report—a subject beyond this column). Analyze lessons learned from the inspection and what could be done differently and better next time. This last step is critical for organizations actually putting Excellence Beyond Compliance and continuous improvement into practice, and it should be undertaken even following clean inspections where no noncompliant items were included in an inspection report.
The above measures apply to all AWA inspections, including those where birds are present. Below are some additional bird-specific suggestions.
This is for the birds.
Pay particular attention to the bird-specific measures discussed above and consult the Animal Welfare Inspection Guide bird checklist. Consider the following:

Facilities
- Structural soundness. This can be visually inspected by staff and may be certified/verified by an architect or structural engineer for more substantial structures such as large outdoor aviaries.
- Sharp objects or protrusions that could cause injury
- Rust or peeling paint that could present an ingestion risk
- Drainage, structural repairs, and renovation/repair to remedy structural, surface, and ground issues may take time to resolve. Once improved, they should be subject to regular inspection, opportunistic reporting of issues identified while in a given facility for other responsibilities, and subject to periodic, regularly scheduled repairs (as well as immediate repairs, as warranted). If major projects are identified before an inspection, develop an improvement plan to fix these items accompanied by a bird protection plan to monitor, move, and/or protect birds for the duration of the work. Those doing the work (in-house and contractors), caregivers, and veterinarians should all review and sign off on both plans. To avoid regulatory issues, consult your inspector and supervisory animal care specialist or supervisory veterinary medical officer to review the plans prior to an inspection.
- Environmental enhancement to promote psychological well-being. As noted above, have this in writing and approved by the attending veterinarian. The plan should account for specific species' needs and, in some cases, individual birds.
Animal health and husbandry
- Water quality
- Cleanliness, sanitation
- Pest control
- Employees
- Compatibility and separation
- See also transportation standards, not covered here.
General requirements.
- Veterinary care: Make certain your program of veterinary care includes all relevant bird-specific items and is approved by the attending veterinarian.
- Recordkeeping: General recordkeeping, as noted under inspection preparation, is important. Be able to show the changes in your bird population.
- Contingency planning should now expressly include birds.

USDA Small Pet Welfare Symposium

Recorded presentations from the USDA's Small Pets Welfare Symposium, held September 8 and 9, are now available. Please visit this link to view these recordings and to find other helpful resources from the Center for Animal Welfare.

The Difference-making Power of Proactively Advising Animal-related (and Other) Organizations

This October 19, 2023, talk at the San Diego County Bar Association discussed the multiple levels of ethical considerations involved in working with animals, doing the right thing in light of legal ethics, and proactive good practices like Excellence Beyond Compliance. The recording and related materials are available for viewing and download. There are options for lawyers seeking CLE credit to purchase the program, and a no-cost option for caregivers and non-lawyers to view it.

The Ideas Above Are Yours to Use for the Birds

This column sets forth better practical understanding of the bird regulations in action, and all that you can do to be more prepared for any inspections. As always, what you do with these insights is up to you, and that can make all the difference in the world for birds—and how the public and others view your organization through your AWA compliance record.

If one is competent in one thing and understands one thing well, one gains at the same time insight into and knowledge of many other things into the bargain.
—Vincent van Gogh

In loving memory of Kathleen Carlsson, Esq., friend, colleague, and animal advocate. I learned from her thinking, writing, and art, and treasured her encouragement.

In loving memory of David K. Koch, dear old friend, great husband, and father to young Connor. After being in school together, he was the coolest guy in the world when he worked at the record store, and even cooler when a DJ who recruited me back into spinning vinyl. His was a love-filled life well lived, and love endures forever.