Bird Shippers of America Update: Transportation Update as of April 18, 2005
2005.04.19 09:16:50
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http://www.birdshippers.com/archives/2005/04/transportation.html
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According to the U.S. Posatal Service the following is transpiring:
1. American Air is back to about 60% of their network volume and the
results are very encouraging. They’re ramping up their transfer
operation through Dallas/Fort Worth this week and will be fully ramped
up in another 3 weeks – this will provide additional opportunities
for the transport of lives.
2. A proposal from a cargo carrier for the transport of lives
throughout the country has been received – rates are lane specific.
It is being evaluated as to where they can best be utilized.
3. Northwest signed with Airborne. They will begin transporting mail
out of their 5 hubs beginning May 14th.
4. US Air is in the first week of their test – results are
encouraging as well. As they bring up more markets the options for the
transport of lives will increase. They will start taking lives out of
Syracuse on April 23rd.
5. Airborne doesn’t accept lives today, however, they are
reconsidering their position. The USPS is cautiously optimistic.
JANUARY 2004 REPORT FROM BIRD SHIPPERS OF AMERICA
January 5, 2004 Dear BSA Members, Representatives of the United States Postal Service (USPS) have informed our lobbyist, Steve Boynton, that Northwest Airlines has submitted a proposal to the USPS that it would carry poultry by air mail for a non-negotiable surcharge of $1.00 per pound, plus regular priority mail postage. This charge would take effect in the later part of February. This rate, if accepted, would apply to all airlines carrying live poultry in addition to Northwest Airlines. Unfortunately, the alternative to this dilemma is to lose another airline (Northwest) from the shrinking number of carriers and to truck your birds either to other airlines or connecting destinations. We are letting you know that this surcharge is a very strong possibility and you should make adjustments now in setting your shipping costs. (In my own case, McMurray Hatchery has gone ahead and figured the additional shipping costs at $1.00 per pound and recalculated our mailing costs for all size boxes going air mail.) The Bird Shippers of America, through our lobbyist, are in the process of requesting Congressional representatives to organize a meeting with the USPS concerning the surcharge matter as well as other issues. The BSA Board feels that when we discuss the surcharge issues we should make every effort through this meeting to obtain needed concessions on certain other issues of concern to the industry such as temperature restrictions, cargo transfers and other matters which inhibit our ability to ship successfully. If this can be done remains to be seen but we feel an effort must be made to do so. There is never an easy solution to these problems. It is important to look down the road at these most difficult times and make the choices which best allows our industry to continue to get our products to our customers and keeps us all in business. Thank you for your patience and cooperation in this most delicate matter. As always, we look forward to input from any of you. Please feel free to contact any of the board members with your questions or concerns. Sincerely, Murray McMurray, Chairman
At year's end, it is appropriate to review where the bird shipping industry has been, and, most importantly, where we need to go to insure that bird shippers have all the regulatory and legislative assistance to continue their respective businesses without undue burdens from the air transportation industry.
As you will recall, the reason for the formation of the Bird Shippers of America (BSA) was in response to an announced air carrier policy that they would no longer air transport poultry by the U.S. Mail. With the active grass-roots support from the industry, we were successful in legislatively establishing the legal right to ship day-old chicks by airmail.
This was accomplished by having legislation introduced in the Congress that eventually became an amendment to the Treasury and General Appropriations Bill in 2001. This was not easy undertaking as the industry faced well-funded opposition from the air carrier industry as well as animal rights groups. Again, with such continued opposition, by an amendment to the Farm Bill in 2002, we have insured that that protection will continue.
It might be added that in the aftermath of the tragedy September 11th, 2001, we had to work with the Federal Aviation Administration to obtain an exemption for bird shipments as all packages in excess of 16 ounces were temporarily banned for cargo on passenger aircraft. We were also successful in this regard. Certainly, significant steps . but there is further work that needs to be accomplished.
Most air carriers are now refusing to take day-old poultry when the temperature at the airport cargo facility reaches 85 degrees Fahrenheit (F). That (inappropriate) guideline is one that has been established by the regulations under the Animal Welfare Act (AWA) that states, in part: "The ambient temperature.must not rise above 85 deg. F. (29.5 deg. C) for more that 4 consecutive hours when dogs and cats are present." [Emphasis added]. 7 USC § 2132 (g); 9 CFR § 3.2(a).
There are two material problems with that guideline. Firstly, "poultry" is specifically exempt from the AWA and the regulations there under. Secondly, and more significantly, the 85 degree F is an inappropriate temperature level in that day-old chicks are hatched in 95 to 100 degrees F and should be kept at that temperature from up to one week of age. Attempts to "educate" the air carrier industry through the Air Transport Association Cargo Committee have not been successful. However, we have caused a dialogue between the Department of Agriculture and the U.S. Postal Service urging that a Postal Bulletin be issued regarding appropriate guidelines on the shipment of day-old chicks. So far we have obtained an acknowledgement from the Deputy Administrator for Veterinary Services at the USDA that the temperature guidelines used by air carriers is inappropriate for day-old chicks.
Discussions have taken place between officials at USDA and the USPS but nothing has been resolved to date. This matter is a priority item and needs to be finalized as soon as possible. We may need to seek Congressional assistance in this regard. We shall keep you advised as to developments.
Under contract with the USPS, Federal Express (FedEx) took over the USPS Eagle air mail carrier program. In regard to the legislation that was passed regarding the USPS requiring air carriers who transport mail to "accept as mail shipments of day-old poultry and other live animals as postal regulations will allow to be transmitted as mail matter," FedEx has maintained that it is not covered by the language of the legislation since it specifically states that the authority of the USPS "shall not apply in the case of any air carrier who commonly and regularly refuses to accept any live animals as cargo. 39 USC § 5402 (d).
Federal Express maintains it does "commonly and regularly refuses to accept any live animals as cargo." Id. Not so. If you go to the FedEx website you will find the following stated policy: FedEx does not accept live animal shipments as part of its regularly scheduled service. Live animals will be accepted when the shipment is coordinated and approved by the FedEx Live Animal Desk. Acceptable shipments include, but are not limited to, zoo animals (to and from zoo locations only) and horses (from gateway to gateway locations only). Household pets, such as domestic cats and dogs, are not accepted. For more information, please contact FedEx Live Animal Desk at 800 405-9052. [Emphasis added]. http://www.fedex.com Fed.Ex. Terms and Conditions-Live Animals
In addition to its own stated policy on shipping specific general animal species (i.e., zoo species and horses), we know for a fact, that FedEx has shipped laboratory animals as well as other farm animals by air. Consequently, it is believed that the language of the legislation stating that the USPS can "require any air carrier to accept as mail shipments of day-old poultry and other such animals" would apply to FedEx since, by its own terms, it is not an "air carrier who does not "commonly and regularly refuses to accept any live animals as cargo." Id. [Emphasis added]. This is an issue that will be pursued legally, administratively as well as legislatively, if necessary.