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Reporting Bird Abuse or Neglect
Parrot abuse and/or neglect can occur anywhere these birds are kept or displayed – pet shops and other retail stores, breeding facilities, bird marts, private homes, hotels, restaurants, rescue facilities, veterinary offices, schools, nursing homes, zoos, exhibits, performance venues, and in laboratories. AWC is often contacted for assistance on behalf of birds living in substandard conditions. The calls and e-mails AWC receives are from compassionate and concerned individuals who have witnessed a disturbing situation. While AWC has no legal authority to act on these reports, we are able to provide some helpful resources that concerned individuals can use to take action! The Initial StepsIn some cases, just developing a relationship with the bird’s guardian, providing him or her with educational materials or resources, and offering simple suggestions can greatly improve the bird’s living conditions and quality of life. A good start would be to provide them with some fact sheets or articles on proper bird care such as, the Animal Protection Institute’s 10 Things You Can Do to Make Your Bird Happy or Best Friends Animal Society Bird Care Library. When this approach is unsuccessful, or not an option, it may be necessary to identify and contact agencies that have the authority to investigate and intervene when there is a possibility of a violation of federal, state, or local laws or statutes. However, if a legal violation cannot be cited, there may be little that can be done despite the fact that the animal(s) is not receiving quality care. Often people are tempted to purchase an animal to rescue him or her from a bad situation. While this may end the suffering of that individual animal, it rewards the animal’s guardian who may merely then obtain or breed other animal who will be similarly mistreated. We suggest that you evaluate these factors in making your decision. It is recommended that you do not disseminate your concerns or observations widely over the internet, or share them with lists or talk groups, at least at first. This could end up undermining your efforts since this approach often results in propagation of misinformation and considerable confusion and difficulty interfacing with local and state officials who will ultimately be responsible for investigating. Instead, keep detailed records of your observations, research the applicable local and state laws, and then notify local humane law enforcement authorities. Be clear, concise, factual, and unemotional in presenting the information and be ready to provide sufficient documentation of the conditions. Remember, you do have the power to effect change for animals. Here’s what you can do! Identifying and Documenting Bird Abuse or Neglect SituationsIf you have witnessed animal cruelty, neglect, substandard conditions, or an animal in severe distress anywhere, keep detailed records of your observations. Minimal observations should include
For a helpful guide to evaluate conditions in private and commercial situations, click here for the AWC Bird Care Evaluation Form for Investigating Caregivers and Pet Shops. Note: items covered in this evaluation sheet do not necessarily reflect legal requirements. Keep detailed records, including the names, dates, and names of every organizational contact you personally make. This will be crucial to building your case to demonstrate a pattern or abuse and/or neglect when contacting law enforcement or humane authorities. For a helpful form to keep track of your contacts, click here (under construction). Know the Law First and foremost, it is important that you determine if birds are defined as an "animal" and are covered under the present laws in your state. For this information refer to Animal Protection Institute's Current Law and Suggested Approaches to Improving Captive Bird Welfare. Unfortunately, most states have minimal laws to protect animals like parrots and other birds. Birds are often excluded from animal welfare legislation and existing animal cruelty statutes, making it often impossible to define neglect, substandard care and abuse, or to effectively enforce any existing statutes. Currently, there is no regulation governing the breeding and sale of birds, though a USDA regulatory process to govern some commercial bird breeding facilities is pending. Moreover, animals housed in retail pet facilities are not afforded protection under the federal Animal Welfare Act. In the absence of federal regulation each of the 50 states and the District of Columbia has enacted its own unique animal anti-cruelty statute and 27 states have enacted laws that establish some form of humane care standards for animal kept at pet shops. The quality and scope of these laws vary from state to state as does enforcement. For example, only five states (AZ, CO, KS, NH, VA) require that sick or injured animals receive veterinary care, and while fifteen states prohibit the sale of some unweaned animals (animals unable to feed themselves) most limit the restriction to puppies and kittens under the age of eight weeks and only one state (CA) addresses the sale of unweaned birds despite the serious animal welfare concerns associated with this practice. Incidents involving substandard care of animals in pet shops are routinely reported to animal welfare organizations but few are actually investigated by law enforcement authorities and often the conditions, while cruel and inappropriate, do not actually violate any laws in the state where the store is located. Often complaints come from employees or other individuals who “don’t want to get involved.” However, without their testimony or “proof’ in the form of photographs, videotape, or other witnesses, the situation can be easily covered up before humane investigators arrive. When reported to management authorities, cases are often downplayed or outright denied. Sadly, even if violations are reported to law enforcement agencies, too few are adequately investigated or result in charges being filed. Animal Protection Laws & StatutesFor help with defining specific laws and ordinances that apply birds and other animals in specific states, or to research laws and statutes pertaining to animal welfare in your state, review the following resources: The Animal Legal Defense Fund Law Resources (ALDF) ASPCA: State Animal Cruelty Law Summaries The Current State of Pet Shop Laws Current Laws and Suggest Approaches to Improving Captive Bird Welfare Accessing the Legal Options to Report Bird Cruelty & Neglect Once you’ve determined that birds are covered and enforceable standards exist, the next step is to identify which of your city’s or state’s humane society, animal shelter, animal control organization, or other law enforcement agency is responsible for investigating and enforcing the law. Two excellent resources are available from the American Society for the Prevention of Cruelty to Animals (ASPCA): For helpful tips on reporting animal cruelty and neglect, read The ASPCA’s Guide to Reporting Animal Cruelty To find out what agencies are authorized to investigate and enforce animal laws in your state, refer to the ASPCA’s State Anti-Cruelty Investigatory-Arrest Powers Summary. In addition, you can contact animal welfare and protection organizations and/or the following agencies that can assist you with presenting the case and/or provide you with other important resources to help address the situation. Your City or State Humane Society, Animal Shelter, and/or Animal Control Agency Consult your Yellow Pages or the following websites: American Society for the Prevention of Cruelty to Animals (ASPCA) National Shelter Directory National Animal Control Association (NACA): Your Local Bird Rescue or Placement OrganizationAvian Welfare Coalition (AWC) Captive Bird Rescue & Placement Organizations Avian Protection Society: Avian Rescue/Sanctuary/Placement Organizations Parrot Chronicles Avian Rescue Organizations Your Local Bird Club Your Local Veterinary Clinics Consult your Yellow Pages or the following websites: Association of Avian Veterinarians (AAV): Find Your Local Avian Veterinarian American Veterinary Medical Association (AVMA): State Veterinary Medical Associations Learn more about reporting and preventing animal cruelty and neglect at: Reporting Animal Abuse or Neglect by the Humane Society of the U.S. Pet Abuse.Com If you encounter a business establishment, pet shop, or private situation where birds or other animals appear to be ill or are being kept in conditions where sanitation, ventilation, overcrowding, or other factors occur which may jeopardize the health of the animals or humans consider contacting your local Department of Health. There are a number of viral, bacterial, fungal and parasitic diseases that may infect bird species land other exotics, some of which can be spread from animal-to-animal or from animals to humans (zoonoses). Moreover, animals kept in extremely close confinement are more susceptible to high levels of stress and illness. Among the conditions that may conducive to increasing the transmission of infectious disease:
Keep in mind that while these conditions may not actually violate any laws in the state, they do indicate conditions that may jeopardize the health of the animals and/or humans. When the Law is Not on Your Side: Other Options Unfortunately, there will be times when no legal recourse to remedy the situation is available. As heartbreaking or unethical as conditions may be, never give in to the temptation to break the law in the course of your advocacy. Don’t post sensitive information over the internet or use the web to incite unlawful or distasteful approaches to the problem. This will only serve to undermine your efforts to help animals in the future and may result in making the situation worse for the animals. Don’t Give UpEven if your efforts fail this time, make sure to leave a “paper trail” (i.e. a permanent paper record that can be retrieved at a later date) of the abuse or neglect, as well as of your complaint that can aid in helping future efforts to succeed! Do the Right Thing Here are some ways! Write Letters or an Op Ed – If you feel it is appropriate, write letters to draw attention to the conditions and to voice your concerns and offer solutions. If the neglect or abuse is occurring in a public venue like a retail store, restaurant, zoo, etc. you may want to write an editorial or a letter to the editor of your local paper if you can’t make progress with the business owners. For hints on how to write effective letters on advocating for animals, check out: People for the Ethical Treatment of Animals (PETA): Guide to Letter Writing Contact Other Professional Associations or Agencies: You can also voice your concern by contacting the Better Business Bureau or other professional associations that the business may be accountable to. Stage an Event – Well-staged events—such as peaceful protests, marches, rallies, sit-ins, and candlelight vigils—can be used to deliver a powerful message to the public. Even something simple like posting flyers or posters can be effective when done at the right place and time. Keep in the Public Eye – Tabling, leafleting, hosting an event, or distributing effective literature about important animal topics can help you reach people face-to-face, and garner media attention. Help to Educate – In instances where birds are not receiving optimum care, but no signs of abuse or neglect are evident, offer some helpful advice to help caretakers improve the conditions and environment for their bird(s). The remedy could be as simple as giving them an article or book on proper bird care or offering some hands-on assistance. For more information on what you can do to help captive birds, visit:Animal Advocacy 101: Animal Protection Institute’s Guide To Taking Action for Animals Take Action by the Avian Welfare Coalition Effecting Change Through Lobbying and LegislationIf you have concerns about the efficacy of the animal protection laws in your area, contact your elected officials with your concerns and suggestions for improvement. You can find your representatives via this website: For information on how to best impact legislation on animal welfare issues, or to lobby for protective animal legislation in your state, visit these web sites: Animal Advocacy 101 Legislative Activism Advocacy: Lobbying 101 Humane Society of the United States (HSUS): Citizen Lobbyist Center Helping Animals To research existing and pending laws that impact animal welfare and to learn more about how you can influence and support responsible legislation that will expand legal protection for captive parrots and other birds visit: The AWC Animal & Avian Law Resources Current law and suggested approaches to improving Captive Bird Welfare Take Action: How You Can Help Captive Birds Pet Store Abuse or NeglectIf you have witnessed what you feel is inappropriate care, accommodate, or treatment at a pet store (even if it is within the bounds of the laws of your state), please visit our Pet Store Watch page for more information and submit on online Pet Store Watch evaluation: PETCO Pet Store Watch Evaluation Form PetSmart Pet Store Watch Evaluation Form General Pet Store Watch Evaluation Form Better yet, don’t shop at stores that sell live animals, and instead, support responsible retailers that refuse to sell animals. *Special thanks to Dr. Stewart Metz, President/CEO of Project Bird Watch/The Indonesian Parrot Project for his editorial contribution to this web page. |
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