''These Laws Are For The Birds''

Abstract

Nothing could be more confusing
than the listings of Endangered
or Threat n d Species and how the
many different regulation govern their
sale or movement. Being involved with
aviculture, we often hear of a species being
added to CITES Appendi..x [ or to the
United States Endangered Species Act
(ESA) but we are not really sure whatthat
means when it comes down to the
breeding, sale, loan, o r possession of
that panicular bird. This :lrticle is an attempt
to cla rify some of the most commo
nly asked questions pertaining to
these diffe rent lists and the regulation
that govern each o ne.
[t is no wonder that avicu lturists become
a little confused when dealing
with bws and regulations. We are subject
to several different li ts of endangered
species as we ll as Federal, State,
and Local laws that may penain to common
birds as well as the endangered
o nes. Then to confuse marters even
more, many tate level laws a re written
to protect native wildlife from that particular
state but they define the term
wildlife in such a way that it could include
lions and tigers and bears, not to
mention cockatoos. Some birds are controlled
by the Federal Fish and Wildlife
Service. Some birds are controlled by
only the State laws, and then others ar
pro hibited by a local ordinance. Who
could possibly have the time to understand
all of these laws' Actually, you , as
an aviculturist must learn these laws and
become a responsible citizen. This may
be th e only way to prevent more laws
such as thes from be ing pas eel.
To simplify the structur of our laws
just a littl , consider that we, as Americans,
are governed by a multiple tier system
of laws. First, we are subject to
Federal laws et forth by the Federal

Government. Secondly, we are governed by States laws that pertain only to those people that reside in or do business in, a certain state. And, third there are further restrictions that are set down by local municipalities that may further restrict actions in that local area. These agencies do not always have the same rule for certain artivities. Take the speed limit on unmarked, open, highway systems, for example. The Federal law says thatthe automobile speed limit shall not be higher than 65 miles per hour. This allows the State or local government to further define this limit if they care to do

o. The State Government cannot set a speed limit higher than that of 65 mph, however, they can set a limit that is less.

o, in ma r .:

that placed a :r:> ,,,1_,., "t- __ ._, ••••• non all unmarked, open, highway systems and interstate highways. This law is still very valid even though the Federal law allows for a faster speed. Local municipalities may reduce the speed even further in certain areas because of bad roads or hazardous areas. This is an example of the tier system in government.

imilarly, the laws that govern Endangered or Threatened Species are setup as a multiple tier system. At the top, we have a set of rules that govern what can and cannot be done on the International level. Many countries across the world have signed a pact to abide by the rules of this convention. This convention is referred to as CITES (Convention on International Tracie in Endangered Species). Under the rules set forth in this convention, there are different appendices. These appendices contain lists of animals and plants that are enc.langerec.I or threatened throughout the world. Because the United States is a participant of this convention, we must abide by the

 

recommendations governing these lists. Of the three major lists, Appendix 1, 11, and 111, animals or plants that appear on Appendix I would be the most endangered and those listed on Appendix Ill would be the least, so to speak. Each appendix is defined in terms of what can and cannot be done with these animals on an INTERNATIONALlevel. CITES is a convention made up of many countries and governs what can be done with listed species between two or more of those countries. Each country still has the right to pass other laws that may govern activities within that particular country. It has little to do with the interstate commerce of listed species.

As an aviculturist, the rules of the CITES convention apply to you when you make application to send a listed bird out of the country or when you apply to bring a listed bird into the country. The federal government has written regulations that contain most of the recommendations made at this convention.

 

These regulations tell the individual exactly how to apply for an international export or import permit for any listed species. When this permit is issued, it is stamped with the CITES seal signifying that the movement of the specimen is in accordance with the convention rules.

Within the United States itself, the federal government enacted some laws to further protect some of the listed species. If the international movement or use of some of these species warranted restriction, maybe it would be even more advantageous to restrict the movement or use of some of these species within the boundary of the United States. Taking into consideration the listed animals, birds, and plants, the federal government organized a law (50 CFR) or Title 50, Code of Federal Regulations. Part 17 of this regulation governs "Endangered and Threatened Wildlife and Plants". It is also known as the ESA or Endangered Species Act.

 

 

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