Abstract
The American Federation of Aviculture was invited to testify at hearings on the Endangered Species Act conducted by the U.S. Senate Committee on Environment and Public Works April 13-14, 1978.
The Committee, chaired by Senator Culver (D-Iowa), solicited comments from aviculturists, conservationists, federal and state agencies in an attempt to eliminate some of the problems the various diverse interests have experienced. The Senators apparently feel the Fish and Wildlife Service has been somewhat inflexible in their interpretation of the Act, which may require legislative changes to restore the balance. Until now, Fish and Wildlife has demonstrated little interest in the problems of those who keep captive wildlife.
The American Federation of Aviculture and the North American Falconer's Association were the only two avicultural organizations on the agenda. Represented by Jerry Jennings, the AFA pointed out the extreme difficulties aviculturists are experiencing in obtaining reasonable regulations from the Fish & Wildlife Service, that would ease the burden on the interstate sale and shipment of captive born endangered species.
It was noted at the hearing that two years previous, when the same Committee held oversight hearings on the Endangered Species Act, the Fish & Wildlife Service announced a proposal soon to be published that would alleviate the aviculturists' problems. That announcement diverted the Committee's attention to other concerns, while the proposal, known as the Captive Self-Sustaining Population Rule, did very little to improve on the existing regulations.
The CSSP proposal took over thirteen months from publication to final rulemaking. Furthermore, the rule required permits be obtained by breeders wishing to sell and ship endangered species interstate. Unfortunately, the CSSP rule applied only to six species of pheasants. Virtually no change and the burden of adding more species to the list under the CSSP umbrella rests upon aviculturists ~ a painstaking task of data collection.
Again, on Thursday April 13th the Fish & Wildlife announced a "proposal soon to be published that would alleviate the aviculturists' problems". AFA reminded the Committee of the previous "announcement" and was invited to review the proposal and forward comments to the Committee.
The proposal has been reviewed and comments have been sent to Senator Culver, stating that the proposal is not a proposed rulernaking, but a request for ideas from aviculturists on how the regulations could be improved. AF A's dissatisfaction with Fish & Wildlife's slow pace of change has been communicated to the Committee with reasonable hope that the Senate will ultimately amend the Endangered Species Act.
That there will be some amendments to the Act is apparent in a Bill authored by Senator Culver, which will establish a seven member arbitration panel as a last appeal to decisions handed down by the Fish & Wildlife Service, which now enjoys absolute authority over the Act and its interpretation.
AF A personnel in attendance at the hearings included Ruth Hanessian, Washington, D.C. Co-ordinator and Clifton Witt, Legislative Liaison, both of whom were responsible for having AF A placed on the agenda •