30 



Mr. Chairman, we ask you to evaluate this situation and instruct 

 the Service to work in a way which is consistent with the intent 

 of Congress and with the best interest of our citizens. Mr. Chair- 

 man, I appreciate having the opportunity to testify before you 

 today and will be available for any questions. Thank you, 



[Statement of Dr. Susan L. Clubb may be found at end of hear- 

 ing.] 



Mr. Saxton. Thank you very much. Gary, you may proceed. 



STATEMENT OF GARY LILIENTHAL, VICE PRESIDENT AND 

 GENERAL COUNSEL, AMERICAN FEDERATION OF AVI- 

 CULTURE, INC. 



Mr. LiLlENTHAL. Thank you, Mr. Chairman. Distinguished chair 

 and members of the subcommittee, my name is Gary Lilienthal and 

 I am the Vice President and General Counsel and an aviculturist 

 testifying on behalf of the American Federation of Aviculture and 

 the 300 avicultural organizations, exotic bird breeders and busi- 

 nesses which have eagerly signed onto Aviculture's written testi- 

 mony. 



I would like to take a moment to recognize the dozens of 

 aviculturists from across the United States who have taken time 

 and their personal funds to be here today. We aviculturists are the 

 people who keep, breed and raise exotic, non-native birds. We are 

 dedicated to the conservation of exotic birds both in the wild and 

 captivity. The mission of AFA is to preserve avian species on a 

 worldwide basis. AFA is the largest exotic bird humane and edu- 

 cational organization in the United States. 



In 1992 AFA had serious misgivings about certain elements of 

 the WBCA. Yet we wholeheartedly supported its mandate for con- 

 servation and wise use of exotic birds. Aviculture's support was ul- 

 timately based on one important cornerstone of the WBCA, pro- 

 motion of captive breeding and the free importation of captive-bred 

 birds into the United States. Congress agreed and they named the 

 WBCA the "Breeders Bill." We are here today because the WBCA 

 has yet to fulfill its promise. We do not now seek repeal of the 

 WBCA. In spite of what you may have been told, we want to see 

 it work. 



In order for it to do so, the WBCA regulations which have effec- 

 tively caused a ban on the trade in exotic birds, even in captive- 

 bred birds, must be redirected to the conservation and captive 

 breeding principles that the WBCA intended. Mr. Chairman, Con- 

 gress intended that the WBCA be the Wild Bird Conservation Act. 

 Somewhere along the way to the Act being implemented through 

 its regulations it became a different WBCA. It became the Way to 

 Best Control Aviculture Act. 



We believe that the following specific changes must be made in 

 order for the WBCA to be effective. And I will enumerate them. 

 They are specifically set out in our written testimony. First, au- 

 thorized funds must be appropriated and used for sustainable use 

 studies in range countries to promote sustainable trade where ap- 

 propriate. Second, the actual scope of the smuggling problem and 

 the enforcement activities of the Fish and Wildlife Service's deter- 

 ring of legitimate aviculture should be investigated. Representative 

 Ewing spoke eloquently for our fears too. Third, Section 105 should 



