174 



Suggestion : Amend regulations implementing Section 112(4) to eliminate requirements 

 that participants in a cooperative breeding program be required to track progeny. 



Exempting cooperative breeding programs from tracking and recordkeeping requirements, 

 as suggested by the AFA and PIJAC, would significantly undermine the purpose of 

 Section 112 and the Act as a whole. Pursuant to this section, the Service must ensure that 

 birds imported for scientific research, zoological breeding or display, cooperative breeding 

 programs or as personal pets are used exclusively for the purpose for which the permit was 

 issued. In the House Committee Report on the Wild Bird Conservation Act, Congress 

 indicated that applicants for permits for cooperative breeding progrzuns must be able to 

 "demonstrate that he or she is capable and fuUy intends to keep track of the whereabouts 

 of the offspring of birds that are imported under this exemption." Therefore, the 

 regulations adopted under Section 112 require those applying for the approval of a 

 cooperative breeding program to have in place a system of recordkeeping and tracking of 

 imported birds and their progeny. These regulations neither dictate a specific tracking 

 system or technology, nor do they require that the tracking data be forwarded to the 

 Service at any time. These regulations are essential to prevent the utilization of imported 

 birds for purposes other than those authorized by the permit, and should not be eliminated. 



Suegestion : Remove Section 107 of the Act, which requires that all birds exported from 

 an approved foreign breeding facility actually be bred at that facility. 



Eliminating or weakening Section 107 as recommended by the Association of Avian 

 Veterinarians (AAV) would increase significantly the threat of illegal wild-caught birds 

 entering the United States under the false claim that they are captive-bred. The Act 

 allows the importation of otherwise prohibited bird species from qualified foreign captive 

 breeding facihties. To ensure that these birds are indeed captive bred and not wild 

 caught. Section 107(b) specifies six criteria for the determination of "qualified" foreign 

 breeding facilities, one of which requires that all birds exported from the facility be bred 

 at that facility. These requirements prevent birds of unknown origin, especially illegal, 

 wild-caught birds, from entering the legal trade. Without these requirements, wild-caught 

 birds could easily be laundered as captive bred. Section 107 is vital to ensuring that the 

 trade in captive-bred exotic birds does not become a drain on wild populations, and 

 should not be weakened or eliminated. 



Proposed Change : Amend Section 104 to exempt all Falconiformes from the Wild Bird 

 Conservation Act. 



The North American Falconers Association proposes that all raptors be exempted from 

 the Act because raptor imports are already subject to regulation under the Endangered 

 Species Act, the Migratory Bird Treaty Art and CITES. In addition, they claim that wild 

 populations are already sufficiently protected under these laws. 



