Abstract
By now most aviculturists have heard that New York has passed a law banning the sale of wild caught birds in that state effective November 1, 1985. Most, however, are not completely informed as to that law's local and national impact, due, in part, to the unfortunate mixture of fact and fantasy that has spread via rumor across the nation. This, then, will inform and enlighten.
An aid to understanding law, obviously, is to have that law before you, to be read and reread. Section 11-1728 was added to the New York State Statutory Code, to amend the Environmental Conservation Law to read: "Except as permitted by rule and regulation of the department, no person shall sell live wild birds, as defined in paragraph b of subdivision six of section 11-0103 of this chapter, unless such birds were born and raised in captivity'.'
What does that simple sentence say?
"Person" is defined as any organization (quarantine station, pet shop) or individual (breeder, pet owner). Wild bird means any bird not bred in captivity (as distinguished from reared). Finally, the terms, "as permitted" means unless the person has a state permit, or he is exempted by regulation.
As with any law, some state agency must adopt regulations to implement the intent of the legislature. This law has been sent to the Department of Environmental Conservation, which has established an advisory committee to recommend rules to be implemented after public hearings. The committee is composed of Dr. Donald Bruning, New York Zoological Society; Ms. Nan Chadwick, Audubon Wildlife Advisory Committee; Mr. Arthur Freud, AFA; Mr.John Kullberg, American Society for the Prevention of Cruelty to Animals; Mr. Robert Lopez, N.Y.S. Veterinary Medical Society; and Mr. Robert Sperandio, Empire State Pet Industry Council.
The Department of Environmental Conservation has asked the advisory committee to prepare a list of birds commonly bred in captivity, and not often wild caught, such that 90% or more of the individuals of such species offered for sale would be presumed to be captive bred. For example, canaries and cockatiels, which are 100% captive bred, would be included. Sun conures, which are at least 90% captive bred, would also be included, while most Amazons, all macaws, and nearly all cockatoos, among others, would be excluded.
Those organizations and individuals desiring to sell unlisted species would have to prove the birds were captive bred, or be licensed by the state to sell them. Sellers of listed species probably won't need permits. Since it is the legislative intent to eliminate the sale of wild caught birds, the only likely licensees will be zoological institutions and research facilities.
Certainly a number of misinformed breeders welcome this new law, believing that the prices they receive for their birds will rise, at last! This, unfortunately, is a misguided belief, which will bring great disappointment. Let us look, again, at the law.
The law refers to prohibitions against wild caught stock. Captive bred birds will still be sellable. The Department of Conservation is not concerned with where the captive bred stock was bred. Thus, those commonly bred species, which will be on the Department's list, may be brought in freely from other states AND may be imported from Europe and the Orient. The Department has already advised New York quarantine station operators they will be free to import as many canaries and cockatiels as they desire.
What does all this mean? It means that those breeders who breed canaries and cockatiels as well as any other species on the list will be faced with a dramatic increase in imports of the very birds they raise and a corresponding decrease in the prices they receive for them. Why? Because captive bred birds are the only ones importers will be able to sell, and European and Asian dealers are selling those birds at rock bottom prices. Normal cockatiels, for example, sell for $ 2. 50 to $ 3. 50 each in Belgium, a country of less than five million people, but with over 50,000 bird breeders. Canaries in Taiwan sell for as little as one dollar each and Lady Gouldian finches for $8.50 a pair.
What prices will go up? Most macaws, amazons, cockatoos, and the very rare parrots will rise dramatically, and for two reasons; no more imports and comparatively little captive breeding activity in these species. In short, most breeders will see the bottom fall out of an already depressed market, while the few breeders working with macaws and Amazons will see the value of their birds skyrocket. Lest these "lucky few" become too exuberant, that bird theft and smuggling will undoubtedly surge as never before should be a sobering thought, indeed! Maybe these "noveau riche" macaw breeders will better afford sophisticated security systems.
What about those wild caught birds already in the hands of aviculturists and pet owners? These birds will not be allowed to be sold. There is no provision for a grandfather clause in the law and none has been suggested in the regulations. These birds will require that their owners be licensed by the state of New York. Further, the captive bred offspring from these wild caught birds, e.g. macaws, etc., must be so identified as to prove beyond doubt they were captive bred. No system for such identification has been established, although closed banding of young and the creation of a ''paper trail" are some of the suggestions. Whichever method is ultimately selected, no method works under all circumstances and none are so infallible as to prevent the unscrupulous from cheating. Finally, if no method proves satisfactory for a given species, that species will, by necessity, be completely prohibited.