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gram which exempts New Jersey, I beHeve, from the provisions of 

 this Act, is that correct? 



Mr. Herrighty. No, that is not correct. Ours is stricter in that 

 we don't have as many exemptions on birds on the so-called captive 

 exempt list, but we are not exempt by any Federal regulations. 



Mr. Saxton. It is fair to say that the Federal law does not super- 

 sede the state law, is it not? 



Mr. Herrighty. Federal law does supersede the state law. States 

 may be stricter, but not more liberal. 



Mr. Saxton. So in your case the state law applies? 



Mr. Herrighty. Yes. 



Mr. Saxton. How much — and is your law more stringent than 

 the Federal law? I should say our law of New Jersey. 



Mr. Herrighty. Yes. Our law is more stringent in that the Wild 

 Bird Conservation Act will — as it is currently written it has a larg- 

 er number, 45 birds that we heard, that are now allowed to be im- 

 ported and that are considered totally captive-bred. That is all that 

 is being traded. In New Jersey there are only five species of birds 

 that fall under that category. Also we require banding as our act 

 mandates that we come up with a methodology to distinguish wild- 

 caught or pre-act birds that are wild caught from any birds now 

 coming into the state or bred in captivity. So we have banding or 

 microchipping that is a requirement for any birds now bred in cap- 

 tivity in New Jersey. 



Mr. Saxton. Can you tell me what your budget is in New Jersey? 



Mr. Herrighty. My budget for my exotic section, which deals 

 with all non-game and exotic species as far as permit requirements 

 is about $130,000. I have one zoologist, one technician and several 

 clerks. We increased the permit fee for bird hobbyists from ten to 

 $20 in order to raise additional funds to help administer our wild 

 bird act regulations. We have taken some heat for that and we may 

 adjust it as we see what our real costs are. Our problem is that 

 we are under a hiring freeze in state government. I have the money 

 to hire additional people, but I cannot do that right now. 



Mr. Saxton. So we in New Jersey spend on your program, on 

 the— in the neighborhood of $130,000? 



Mr. Herrighty. That is for the administration of all non-game 

 and exotic permits, which include wild birds, parrots and others, 

 yes. 



Mr. Saxton. It is kind of interesting this is the feds. We feds 

 spend, apparently, about $100,000 to administer the Act for the 

 whole country and New Jersey spends $130,000 for our little state. 

 It is kind of an interesting contrast. I am not quite sure how we 

 feds are so efficient. 



Let me ask Jim Leape and Dr. Telecky and Dr. Beissinger, in 

 1972 when the Wild Bird Conservation Act was — 92 when the Wild 

 Bird Conservation Act was passed, it had the active support of the 

 environmental community, including the Pet Industry Joint Advi- 

 sory Council and the American Federation of Aviculturists. Today 

 these two groups, the two groups that I just mentioned, are seeking 

 changes or repeal of the Wild Bird Conservation Act. Would you re- 

 spond to why you think that is and are there some changes that 

 we need to make in order to make this bill more efficient? And if 

 so, what do you think they are? 



