54 



Summary of Testimony before the House Subcommittee 



on Fisheries, Wildlife and Oceans on the Reauthorization of 



The Wild Bird Conservation Act 



by 



Lawrence Herrighty, Supervising Wildlife Biologist 



New Jersey Department of Environmental Protection 



Division of Fish, Game and Wildlife 



(609) 984-0839 



September 28, 1995 



The New Jersey Department of Environmental Protection supports the 

 reauthorization of the Wild Bird Conservation Act which regulates the 

 importation of wild-caught exotic birds whose populations are being overly 

 exploited for commercial trade. 



New Jersey passed a Wild Bird Act in 1991 which prohibits the possession of 

 wild-caught birds except for zoological, scientific, and conservation breeding 

 programs. Subsequent regulations require a marking system to distinguish wild 

 caught vs. captive birds, allows importation of wild-caught birds to increase 

 the genetic diversity of breeding stock when there is a demonstrated need; and 

 the creation of an exempt species list. 



We, therefore, have familiarity with the concerns raised regarding the 

 federal WBCA. The first concern is that the regulations go beyond the 

 objective of the act by regulating the importation and by scrutinizing 

 documentation for captive bred birds (Section 106). We disagree. Requiring 

 documentation to distinguish between illegal and legal origin wildlife is a 

 standard and proven wildlife management tool. Comments that these regulations 

 will be overly burdensome aind will curtail captive breeding in the United 

 States are premature since these regulations have yet to be promulgated. 



The second area of concern is section 115 of the Act which allows the 

 Secretary to promulgate regulations to require marking and records to aid in 

 enforcement. We agree with the U.S. Fish and Wildlife Service that 

 banding/marking is not the preferred method to distinguish imported wild 

 caught birds from legitimate captive breed birds since closed bands can be 

 placed on newly hatched wild caught birds. We further note, however, that 

 banding has not been a problem in Mew Jersey cuid that several national 

 avicultural organizations track individual birds through banding. 



Finally, there is a concern that regulations pursuatnt to the act which 

 restrict importations of captive bred birds will be detrimental to domestic 

 breeding programs. In New Jersey, we have found the opposite to be true. 

 Our aviculturists recognize the conservation and cruelty issues involved with 

 the wild bird trade and support the additional marking and document 

 requirements. Additionally, without competition from cheaper wild caught 

 birds, domestic breeding has become more profitable. 



We feel that the WBCA should be reauthorized because the exotic bird trade is 

 best regulated at the federal level . 



