Abstract
The popularity of birds as pets and as the focus of aviculturists has enjoyed dramatic growth during the past several years. At the same time a number of species of birds have, for a variety of reasons, embarked upon the road to extinction. Habitat destruction, pollution, hunting, and commercial exploitation are among the causes cited for their decline. Naturally, a number of individuals and organizations are endeavoring to halt this trend and to restore nature's balance. Efforts have included measures to protect remaining habitats, to breed selected species in captivity for eventual restocking, and to regulate commercial exploitation. It was with these activities in mind that Congress in 1973 passed the U.S. Endangered Species Act, which was extended this year.
In essence, the Endangered Species Act prohibits the importation, interstate sale and shipment of any animal listed as endangered under the act, except under special permits issued by the U.S. Fish & Wildlife Service. Permits for the importation of endangered species into the United States require a separate application for each and every transaction. Applications must be published in the Federal Register and subjected to a sixty day comment period before (and if) they are granted. The total process requires 90-120 days.
Permits for interstate sale and shipment, fortunately, are much easier to obtain. Applications must be made for a "Captive Wildlife Permit" on Form 3-200, which may be obtained from the Federal Wildlife Permit Office, U.S. Fish & Wildlife Service, Washington, D.C. 20240. The completed application must be accompanied by photographs of the breeding facility wherein the birds will be housed and a check for $25 to cover
the application fee. Permit applications require 30-45 days to be processed and are granted in most cases. Once issued, the permits are valid for two years and cover all transactions in interstate commerce. Commonly bred species listed under the Act include the Scarletchested and Turquoisine Parakeets, the Venezuelan Red Siskin, Swinhoe and Brown-eared Pheasants, etc. A complete up-to-date list may be obtained from the Federal Wildlife Permit Office.
Non-compliance with the Endangered Species Act can be both embarassing and costly. Ignorance of the law is no excuse. It you keep and breed the covered species, the law presumes you know and understand the rules. Penalties for violation of the Act include the confiscation of all the birds of the off ending species in your collection. You also run the great risk of fines and jail. The federal government via the Justice Department's Division of Law Enforcement is dead serious and does not hesitate to arrest and prosecute violators. If you advertise covered species or offer them on price lists for interstate sale or shipment, you may be subject to close scrutiny. Government law enforcement activities have involved sting operations wherein Fish & Wildlife personnel have posed as out-of-state bird breeders when approaching sellers of endangered species. Subsequent to making a purchase, the Fish & Wildlife personnel arrested the seller for selling without the requisite permit.
Until 1979, Captive Wildlife Permits were not available. Interstate sales required the tedious application procedures still required for importation. That year saw the culmination of a lengthy effort by the A.F.A. to simplify the process and alleviate the burden of the old system. The present program is workable and should be taken advantage of.