Recommendation: The Administrator of APHIS should develop a timeline for (1) defining birds that are not bred for research and that are covered by the Animal Welfare Act, and (2) requiring that research facilities report to APHIS their use of birds covered by the act. (Recommendation 1)
Agency: Department of Agriculture: Animal and Plant Health Inspection Service
Status: Open
Comments: According to APHIS officials, the agency developed a timeline and a work plan for an Advance Notice of Proposed Rule Making (ANPRM) to define "bred for use in research" as it applies to birds (as well as to rats and mice) under the Animal Welfare Act and submitted it to USDA officials on July 18, 2019. However, as of October 2019, USDA had not established a date to publish the ANPRM and had instead placed it on the department's long-term regulatory agenda. We will continue to monitor USDA's efforts and provide updated information when it becomes available.
Recommendation: The Administrator of APHIS should instruct federal agencies to report their use of animals covered by the Animal Welfare Act in federal facilities located outside of the United States. (Recommendation 2)
Agency: Department of Agriculture: Animal and Plant Health Inspection Service
Status: Open
Comments: USDA disagreed with this recommendation for several reasons. For example, USDA stated that the absence of an exclusion to the requirements of the Animal Welfare Act or its regulations for federal research located outside of the United States does not create a requirement to collect information about such facilities' use of animals. In October 2019, APHIS officials said the agency continues to disagree with the recommendation. However, we have no reason to believe that such facilities should be excluded under the Act, and we continue to believe that the Administrator of APHIS should instruct federal agencies to report their use of animals in activities covered by the Animal Welfare Act in federal facilities located outside of the United States. We will continue to monitor any actions taken by APHIS to address this recommendation and provide updated information when it becomes available.
Recommendation: In developing the definition of field studies, the Administrator of APHIS should provide research facilities with clear criteria for identifying field studies that are covered by the Animal Welfare Act's regulations and that facilities should report to APHIS as well as field studies that facilities should not report. (Recommendation 3)
Agency: Department of Agriculture: Animal and Plant Health Inspection Service
Status: Open
Comments: In its comments on our draft report, USDA stated that APHIS agreed to issue a guidance document by December 31, 2018. According to APHIS officials, the agency prepared a draft guidance document entitled "Research Involving Free-Living Wild Species" for departmental review in April 2019. As of October 2019, APHIS was in the process of reviewing comments from the department. We will continue to monitor APHIS and USDA's actions to implement the recommendation.
