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5. The prohibited importation of all Appendix HI birds, species which are 



not part of the CITES scientific review and listing process. 



The Automatic Prohibition of all Appendix III Species is Inappropriate and Section 

 105(c) Requires Amendment 



During Congressional hearings, PUAC addressed the anomaly of including all 

 Appendix III species under the WBC A Unlike species listed under Appendices I and n which 

 undergo CITES' scientific review, the listing of an Appendix HI species is a unilateral action of 

 a particular CITES Party. When a species is listed under Appendix HI, it is not subject to the 

 same level of CITES controls. Such listings are solely for the purpose of assisting the listing 

 nation in implementing its domestic legislation. Such listings are not subject to CITES' review 

 to determine the biological or trade status of the species. 



During deliberations, PUAC urged the Committee to indicate clearly that Appendix EH 

 species were not subjected to the same automatic import prohibitions being imposed on other 

 CITES listed species. Our requests were ignored and Committee staff argued that the 

 Legislative History would cure the problem. 



However, the FWS interpreted the WBCA to limit its applicability to Appendix HI 

 listed species and determined that Appendix III species are considered CITES-listed species 

 under the WBCA only if the birds originated in the country that listed the species. Shortly 

 thereafter, the Humane Society of the United States and Defenders of Wildlife successfijUy 

 challenged the Service's interpretation in the United States District Court for the District of 

 Columbia. The Court found that the plain language of the Act bars importation of any CITES- 

 listed species. Section 105(c), therefore, should be amended to specifically exclude specimens 

 of Appendix HI species fi^om the automatic prohibitions of the WBCA unless they originated in 

 the listing country. Such an amendment would not hold one country hostage to another 

 country's listing. 



Approval of Foreign Conservation-based Sustainable Use Programs 



In assessing the implementation of the WBCA, the Committee needs to carefully 

 review the regulations being promulgated. While the WBCA could benefit conservation 

 management of wild-caught birds as well as promote captive breeding, the regulations, both 

 final and pending, implementing the WBCA are excessive, regressive and overly restrictive. 

 Furthermore, a number of the proposed rules exceed the authority granted by the enabling 

 statute. They remove any incentive to (1) captive breed birds for export to the United States, 

 or (2) develop management plans for exporting wild-caught birds under the U.S. criteria. The 

 proposed regulations contain requirements not only specifically spelled out in the law, but also 

 a number of additional requirements that, while possibly technically justifiable, reflect the eco- 

 imperialism that is becoming so prominent in American foreign wildlife policy. 



Do not be misled by Departmental protestations regarding criticism of the proposed 

 regulations and claims that such criticism is premature. No matter what excuses or cloak the 



