Abstract
What is the truth about the Java Rice Bird, P. oryzivora? ls it, as aviculturalists claim, an attractive, hardy finch which adapts well to captivity? Or is it, as the U.S. Department of Interior claims, an "injurious" species destined to become a threat to agriculture, horticulture, forestry, indigenous species of human beings if uncontrolled? This article will attempt to present the history surrounding the federal regulation of the Java sparrow, define the differences in the various state statutes governing importation, transportation, propagation or possession, and finally examine the merits of the case against this species.
In the early 1900 's Congress passed the Lacey Act to control and regulate exotic wildlife in part for the protection of native flora and fauna and to safeguard agricultural production. Although the Department of the Interior was delegated the responsibility for enforcement, it was not until around 1970 that the Injurious Wildlife Regulations (50 CFR 16) were promulgated to implement the injurious wildlife mandate of the Lacey Act. Any species labeled "injurious" by the U.S. Fish and Wildlife Service (USFWS) was banned from further importation into the country. Birds already in the country prior to this time, however, were not regulated. Currently
only four birds are labeled "injurious": (1) the Pink Starling, Sturnus roseus, also known as the "Rosy Pastor," (2) Que/ea quelea, including the subspecies black-fronted, red-billed or Sudan dioch, (3) the red-whiskered bulbul, Pycnonotus jocosus, and (4) the Java Rice Bird, Padda oryzivora.
The American Federation of Aviculture was founded largely to combat the first attempt by USFWS to expand this list in December, 1973. This and two subsequent attempts to expand the injurious species list were thwarted, and only the original four birds remain on the list. It is significant to note that no one currently at the USFWS Wildlife Assistance Office (the office now in charge of Injurious Wildlife regulations) could remember the date when the Injurious Wildlife Regulation was enacted, nor could they remember what criteria were used to classify these birds as injurious!
In 1979, Dr. Barry Adler, New Jersey State Coordinator, at the request of President Richard E. Baer, wrote the Federal Wildlife Permit Office, USFWS, on behalf of AF A regarding the status of P. oryzivora because of the many ambiguities in the Lacey Act. The reply clearly stated that, while further importation of Java Rice Birds was banned, federal regulations did not prohibit possession or interstate shipment. The reply from Donald F. Donahoo, then Chief of the Permit Branch, USFWS, is printed below in its entirety:
Dear Dr. Adler:
This letter is in reply to your January 27 letter requesting information on shipment of Java sparrows.
It is illegal under current regulations (5 0 CFR 16) to import into the U.S. or to transport between the continental U.S. and Hawaii, the Commonwealth of
Puerto Rico, any territory or possession of the U.S., or the District of Columbia a Java sparrow wt'thout a permi: issued by this office. Interstate shipment withn the U.S. is not prohibited. Proposed regulations published in the Federal Register on March 7, 1977 which you were evidently quoting make some changes.
There are no Federal restrictions on possession of Java sparrows, provided they were legally obtained. You should contact the individual state to determine tf that state has any restrictions. Addresses of state contacts are enclosed.
Please contact us tf we can be of further assistance.
Sincerely, Donald F. Donahoo Chief, Permit Branch Federal Wtldltfe Permit Office
To follow up on the recommendations made by Mr. Donahoo, Cliff Witt, AFA First Vice-perident, wrote each state in September, 1979. Letters were received from forty-eight (48) states and four (4) territories. Later the positions of the remaining two states (Connecticut and Maryland) were clarified by telephone. Table I represents the results of that survey.
The results showed a wide disparity in the state regulations of P. oryzivora. Twenty-nine (29) states, over half, had no regulations. Twelve (12) states required permits for importation and five (5) required permits for possession in the state. Six (6) states banned Java Rice Birds entirely. This surey was completed in late 1979. Anyone interested in learning of any changes since that time should contact the State Fish and Game agency. Those AFA members interested in receiving a copy of the reply from their state may write the Home Office.