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Section 115 of the Act does not require marking and recordkeeping of all birds in captivity, 

 rather it provides the Secretary of the Interior with the option of requiring marking and 

 recordkeeping of 1) exotic birds imported into the United States after enactment and; 2) birds 

 offered for sale of species subject to a high level of illegal trade (these are not species that are 

 commonly bred-in-captivity). During 1992 Congressional hearings on the exotic bird 

 legislation, the concept of marking all birds imported into the United States received broad 

 support, including that of Gary Lilienthal, who stated on behalf of the AFA that "they are not 

 at all opposed to the Secretary of the Interior having authorization to promulgate regulations 

 to control importation, after enactment, of birds through any marking that's necessary on birds 

 imported post-enactment."'* 



Presently, some aviculturists argue that costs associated with banding and recordkeeping would 

 inhibit aviculture and put bird breeders out of business. Considering that closed bands can 

 cost as little as forty cents each, it is unlikely that marking criteria would put aviculturists out 

 of business. Since 1984, the New York Wild Bird Act has required the marking of all exotic 

 birds for sale in the state. Since the law was implemented, the state has experienced a boom in 

 captive-breeding. 



It is essential that Section 115 remain intact so the Secretary of the Interior has the authority 

 to require marking as a tactic to help curtail smuggling of particular species. The scope of any 

 mandatory marking would be limited to the most commonly smuggled species. Each year, up 

 to 150,000 parrots are smuggled from Mexico into the United States." This illegal trade 

 greatly endangers parrot populations throughout Mexico and Central America. In a field study 

 of the reproduction of yellow-naped amazon parrots in Guatemala, not one chick fledged 

 successfully for two consecutive years because they were all taken for the illegal trade." 

 According to Ernesto Enkerlin, a researcher in Monterrey, smuggling in Mexico has reduced 

 red-crowned parrot populations by 80 percent and yellow-headed parrot populations by 90 

 percent in the past 20 years." 



The availability of cheap smuggled birds in the United States undermines efforts to market 

 legal captive-bred birds. In addition, since smuggled birds are not processed through the 

 United States Department of Agriculture quarantine system for Newcastle's disease, they pose 

 a significant threat to the American poultry industry and to captive exotic birds. Though 

 marking alone cannot ensure the legality of a bird, in coordination with record-keeping, it can 

 help identify those birds for sale that have not been produced by breeders and are, therefore, 

 illegal. 



''' Lilienthal, Gary. Testimony of the American Federation of Aviculture to a Joint Hearing of the U.S. 

 House of Representatives Subcommittee on Fisheries and Wildlife Conservation and the Environment and 

 Subcommittee on Trade. 16 June 1992. 



" Wildlife Conservation International. "The Wild Bird Trade: When a Bird in the Hand Means None 

 in the Bush." Wildlife Conservation International. New York Zoological Society: 1992. 



" Followiil, Dave. "Raiders of the Rain Forest - The Tragedy of Smuggling." AFA Watchbird. 

 July /August 1995. 



" Hancock. Lee. "Bird Smuggling Called Big Border Problem." Dallas Morning News. 



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