27 



Somewhat amused to hear the statistics about the growth in the 

 industry when the state of the industry report, which is published 

 in the spring of each year, shows the growth in the bird industry, 

 including birds and bird products, was 3.8 percent. The overall in- 

 dustry had substantial growth, but not in the bird products and the 

 number of birds. And also when I heard the comments from New 

 Jersey that they have issued 4000 permits. National surveys indi- 

 cate, depending which survey, between 10 or 15 percent of U.S. 

 households own birds. I suspect then we have an incredible number 

 of cockatiels, budgies and common — ^those five species in New Jer- 

 sey and that everybody in New Jersey is licensed. I don't believe 

 it. I think it is highly improbable, that the New Jersey law is really 

 not effective. 



But despite these implementation problems, be it at the state or 

 the Federal level, we remain hopeful that this Act can become an 

 effective conservation tool. Its future success will require several 

 amendments and far greater Congressional oversight than has ex- 

 isted in the past three years. If this Act is meeting its objectives, 

 amendments, not repeal — and we have never advocated repeal, but 

 we have been classified or characterized as enemies of this Act — 

 are required. And possibly they are required because the Service 

 feels that it is constrained by some of the language and the criteria 

 and therefore that they have no alternative but to put in some of 

 these overly demanding requirements. 



Therefore, we believe that Section 113 to carry out the original 

 intent regarding CITES Appendix III birds that are not covered 

 by — should not be covered by — ^this Act unless they are coming 

 from the country that lists them. The Appendix III issue is com- 

 plex. Appendix III listed species are not subject to the CITES re- 

 view and scientific scrutiny of the other species. In fact, a country 

 can put them on and hold the rest of the world hostage. 



Think, sir, if the State of California decided to put in some type 

 of restriction prohibiting the export of a particular species out of 

 the State of California, if the same standard of the act is applied 

 to foreign nations applied to the United States, New Jersey, Texas, 

 Montana could not export those animals raised in their state, and 

 your individual state would have had no say in how that came 

 about. So if we are going to start infringing on sovereign rights, 

 then maybe we should start infringing on states rights. I think this 

 is an issue that should be looked at very carefully. 



Number two, reauthorize the Act with recommendations for ade- 

 quate funding to properly implement. Number three, direct the 

 Secretary to fully implement the Act by expeditiously promulgating 

 user-friendly, reasonable and workable regulations with respect to 

 the two remaining areas that are still in question and to look at 

 Sections 106 and 107, particular with respect to importing captive- 

 bred birds to make sure they can come in in a more freely way 

 than proposed. And periodically convene Congressional oversight 

 hearings at least annually until the committee is satisfied that the 

 Act is being properly implemented. 



I have included in my written testimony some detailed comments 

 regarding the rules governing the approval process of the two out- 

 standing areas. The proposed criteria are detailed. They are stag- 

 gering and may impose regulations and data collection require- 



