U.S. GOVERNMENT PRINTING OFFICE

55–004 u WASHINGTON : 1999

H.R. 39, TO REQUIRE THE SECRETARY OF THE

INTERIOR TO ESTABLISH A PROGRAM TO

PROVIDE ASSISTANCE IN THE CONSERVATION

OF NEOTROPICAL MIGRATORY BIRDS

HEARING

BEFORE THE

SUBCOMMITTEE ON FISHERIES CONSERVATION,

WILDLIFE AND OCEANS

OF THE

COMMITTEE ON RESOURCES

HOUSE OF REPRESENTATIVES

ONE HUNDRED SIXTH CONGRESS

FIRST SESSION

FEBRUARY 11, 1999, WASHINGTON, DC

Serial No. 106–5

Printed for the use of the Committee on Resources

(

Available via the World Wide Web: http://www.access.gpo.gov/congress/house

or

Committee address: http://www.house.gov/resources
(II)

COMMITTEE ON RESOURCES

DON YOUNG, Alaska, Chairman

W.J. (BILLY) TAUZIN, Louisiana

JAMES V. HANSEN, Utah

JIM SAXTON, New Jersey

ELTON GALLEGLY, California

JOHN J. DUNCAN, JR., Tennessee

JOEL HEFLEY, Colorado

JOHN T. DOOLITTLE, California

WAYNE T. GILCHREST, Maryland

KEN CALVERT, California

RICHARD W. POMBO, California

BARBARA CUBIN, Wyoming

HELEN CHENOWETH, Idaho

GEORGE P. RADANOVICH, California

WALTER B. JONES, JR., North Carolina

WILLIAM M. (MAC) THORNBERRY, Texas

CHRIS CANNON, Utah

KEVIN BRADY, Texas

JOHN PETERSON, Pennsylvania

RICK HILL, Montana

BOB SCHAFFER, Colorado

JIM GIBBONS, Nevada

MARK E. SOUDER, Indiana

GREG WALDEN, Oregon

DON SHERWOOD, Pennsylvania

ROBIN HAYES, North Carolina

MIKE SIMPSON, Idaho

THOMAS G. TANCREDO, Colorado

GEORGE MILLER, California

NICK J. RAHALL II, West Virginia

BRUCE F. VENTO, Minnesota

DALE E. KILDEE, Michigan

PETER A. DEFAZIO, Oregon

ENI F.H. FALEOMAVAEGA, American

Samoa

NEIL ABERCROMBIE, Hawaii

SOLOMON P. ORTIZ, Texas

OWEN B. PICKETT, Virginia

FRANK PALLONE, JR., New Jersey

CALVIN M. DOOLEY, California

CARLOS A. ROMERO-BARCELO ́ , Puerto

Rico

ROBERT A. UNDERWOOD, Guam

PATRICK J. KENNEDY, Rhode Island

ADAM SMITH, Washington

WILLIAM D. DELAHUNT, Massachusetts

CHRIS JOHN, Louisiana

DONNA CHRISTIAN-CHRISTENSEN, Virgin

Islands

RON KIND, Wisconsin

JAY INSLEE, Washington

GRACE F. NAPOLITANO, California

TOM UDALL, New Mexico

MARK UDALL, Colorado

JOSEPH CROWLEY, New York

LLOYD A. JONES, Chief of Staff

ELIZABETH MEGGINSON, Chief Counsel

CHRISTINE KENNEDY, Chief Clerk/Administrator

JOHN LAWRENCE, Democratic Staff Director

SUBCOMMITTEE ON FISHERIES CONSERVATION, WILDLIFE AND OCEANS

JIM SAXTON, New Jersey, Chairman

W.J. (BILLY) TAUZIN, Louisiana

JAMES V. HANSEN, Utah

WAYNE T. GILCHREST, Maryland

RICHARD W. POMBO, California

WALTER B. JONES, JR., North Carolina

MARK E. SOUDER, Indiana

ROBIN HAYES, North Carolina

MIKE SIMPSON, Idaho

ENI F.H. FALEOMAVAEGA, American

Samoa

BRUCE F. VENTO, Minnesota

PETER A. DEFAZIO, Oregon

NEIL ABERCROMBIE, Hawaii

SOLOMON P. ORTIZ, Texas

FRANK PALLONE, JR., New Jersey

CARLOS A. ROMERO-BARCELO ́ , Puerto

Rico

ADAM SMITH, Washington

HARRY BURROUGHS, Staff Director

DAVE WHALEY, Legislative Staff

JEAN FLEMMA, Democratic Legislative Staff
(III)

C O N T E N T S

Page

Hearing held February 11, 1999 ............................................................................ 1

Statement of Members:

Faleomavaega, Hon. Eni, a Delegate in Congress from the Territory of

American Samoa, prepared statement of .................................................... 15

Pallone, Jr., Hon. Frank, a Representative in Congress from the State

of New Jersey, prepared statement of ......................................................... 15

Saxton, Hon. Jim, a Representative in Congress from the State of New

Jersey, prepared statement of ...................................................................... 2

Young, Hon. Don, a Representative in Congress from the State of Alaska,

prepared statement of ................................................................................... 2

Statement of Witnesses:

Beard, Daniel, Senior Vice President for Public Policy, National Audubon

Society ............................................................................................................ 24

Prepared statement of ............................................................................... 41

McDowell, Robert, Director, Division of Fish, Game and Wildlife, New

Jersey Department of Environmental Protection ....................................... 20

Prepared statement of ............................................................................... 37

Reininger, Ken, Curator of Birds, North Carolina Zoological Park ............. 22

Prepared statement of ............................................................................... 40

Rogers, John, Deputy Director, U.S. Fish and Wildlife Service, Department of the Interior ...................................................................................... 16

Prepared statement of ............................................................................... 36

Stangel, Peter, Ph.D., Director of Neotropical Migratory Bird Conservation Initiative, National Fish and Wildlife Foundation ............................. 25

Prepared statement of ............................................................................... 49

Williams, Christopher E., Director of U.S. Species Conservation, World

Wildlife Fund ................................................................................................. 28

Prepared statement of ............................................................................... 43

Winegrad, Gerald, Vice President for Policy, American Bird Conservancy . 29

Prepared statement of ............................................................................... 45

Additional material supplied:

Text of H.R. 39 .................................................................................................. 4
(1)

HEARING ON H.R. 39, TO REQUIRE THE SECRETARY OF THE INTERIOR TO ESTABLISH

A PROGRAM TO PROVIDE ASSISTANCE IN

THE CONSERVATION OF NEOTROPICAL MIGRATORY BIRDS

THURSDAY, FEBRUARY 11, 1999

HOUSE OF REPRESENTATIVES,

SUBCOMMITTEE ON FISHERIES CONSERVATION,

WILDLIFE AND OCEANS,

COMMITTEE ON RESOURCES,

Washington, DC.

The Subcommittee met, pursuant to notice, at 10:07 a.m., in

Room 1334, Longworth House Office Building, Hon. Jim Saxton

presiding.

Mr. SAXTON. Good morning. The Subcommittee on Fisheries Conservation, Wildlife and Oceans will come to order.

Good morning and welcome to the first hearing of the Subcommittee on Fisheries Conservation, Wildlife and Oceans in the

106th Congress. The Subcommittee has been very productive in the

past four years, having held 82 hearings, 22 markups, and 60 bills

have become public law. That is due largely to the hard work of

our members in shaping legislation within our purview, as well as

to our staff.

I have an equally ambitious agenda for this year, and so we will

move on to today’s hearing, H.R. 39, the Neotropical Migratory

Bird Conservation Act of 1999, which was introduced on January

6, 1999, by Resources full Committee Chairman, Don Young, and

Ranking Member, George Miller and, of course, by me.

This bill is modeled after the highly successful efforts to assist

African and Asian elephants, rhinoceroses and tigers. Under the

terms of this measure, Congress would create a Neotropical Migratory Bird Conservation Account. The account would be a separate

entity within the Multinational Species Conservation Fund, which

is a mechanism now used to finance projects to assist the four previously mentioned keystone species. This account would be authorized to receive up to $8 million per year in Federal appropriations

until September 30th in the year 2004.

The Secretary of the Interior will be charged with the responsibility of evaluating and selecting meritorious conservation projects.

H.R. 39 is simple. It is a straightforward, bipartisan proposal that

builds upon the success of existing conservation programs. The fundamental goal of this legislation is to help formulate
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an effective international plan to assist the conservation of these

important neotropical migratory birds.

I look forward to hearing from our witnesses this morning.

[The prepared statement of Mr. Saxton follows:]

STATEMENT OF HON. HON. JIM SAXTON, A REPRESENTATIVE IN CONGRESS FROM THE

STATE OF NEW JERSEY

Good morning and welcome to the first hearing of the Subcommittee on Fisheries

Conservation, Wildlife and Oceans in the 106th Congress. We have a number of new

Members on the Subcommittee this year and I look forward to working with each

of you to add to what I believe is an impressive list of accomplishments. This Subcommittee has been very productive in the past four years, having held eighty-two

hearings, twenty-two markups, and sixty bills have become public law. That’s due

largely to the hard work of our Members in shaping legislation within our purview,

and I thank those of you who have played a part in these accomplishments. We

have an equally ambitious agenda for this year, so let’s move on to the subject of

today’s hearing—H.R. 39, the Neotropical Migratory Bird Conservation Act of 1999,

which was introduced on January 6, 1999, by Resources Full Committee Chairman

Don Young, Ranking Democratic Member George Miller and me.

This bill is modeled after the highly successful efforts to assist African and Asian

elephants, rhinoceroses, and tigers. Under the terms of this measure, Congress

would create a Neotropical Migratory Bird Conservation Account. This account

would be a separate entity within the Multinational Species Conservation Fund,

which is the mechanism now used to finance projects to assist the four previously

mentioned keystone species. This account would be authorized to receive up to $8

million per year in Federal appropriations until September 30, 2004.

The Secretary of the Interior would be charged with the responsibility for evaluating and selecting meritorious conservation projects. While the bill does not exclude

any group or individual from applying for a Federal grant, H.R. 39 does give preference to projects supported by relevant wildlife management authorities. In addition, the bill limits the Federal share of the costs of the project to not greater than

33 percent of the total expenditures.

Finally, the proposal requires the Secretary of the Interior to submit a report to

Congress, not later than October 1, 2002, on the effectiveness of the Act and to suggest ways to improve the operation of the account in the future.

While the legislation does not limit the type of conservation projects, based on the

history of the various conservation Funds, the Department is likely to receive proposals to determine the condition of neotropical migratory bird habitat, undertake

population studies, implement new conservation plans in range states, educate the

public as to the value of these species, and reduce the destruction of essential habitat.

H.R. 39 is a simple, straightforward bipartisan proposal that builds upon the success of existing conservation programs. The fundamental goal of this legislation is

to help formulate an effective international plan to assist in the conservation of

these important neotropical migratory birds.

I am looking forward to hearing from our distinguished witnesses. Welcome.

[The prepared statement of Mr. Young follows:]

STATEMENT OF HON. DON YOUNG, A REPRESENTATIVE IN CONGRESS FROM THE STATE

OF ALASKA

Mr. Chairman, I want to compliment you for scheduling this timely hearing on

our bill, H.R. 39, the Neotropical Migratory Bird Conservation Act.

Neotropical migrants are birds that travel across international borders and depend upon thousands of miles of suitable habitat. Each autumn some 5 billion birds

from 500 species migrate between their breeding grounds in North America and

their tropical homes in the Caribbean and Latin America.

Birdwatching is one of America’s fastest growing forms of outdoor recreation.

Nearly 70 million Americans enjoy watching and feeding birds. These activities generate some $20 billion in economic activity each year. In addition, healthy bird populations are a valuable asset for both farmers and timber interests. They consume

detrimental insects and rodents, help to pollinate and disperse agricultural seeds,

and literally prevent the loss of millions of dollars.

Regrettably, the population of many neotropical migratory bird species has declined to dangerously low levels. In fact, there are currently 90 North American bird

species that are listed as either threatened or endangered. Furthermore, the Gov-
3

ernment of Mexico has identified some 390 bird species as being endangered, threatened, vulnerable or rare.

There are many reasons for this population collapse including nest predation,

competition among species, hazards along migration routes, pesticide use, and loss

of essential habitat.

What is lacking, however, is a strategic international plan for bird conservation,

money for on-the-ground projects, public awareness, and any real cooperation between those countries where these birds live.

While H.R. 39 will not solve all the problems facing neotropical migratory birds,

it is a positive step. Under this bill, we would create a Neotropical Migratory Bird

Conservation Account. This account would be used to finance worthwhile conservation projects approved by the Secretary of the Interior.

Under the terms of H.R. 39, we would authorize up to $8 million in Federal appropriations each year. The bill does not exclude any group or individual from applying for a Federal grant. It does, however, limit the Federal share of any one

project to not more than 33 percent of the total cost.

This legislation is modeled after our successful efforts to assist African and Asian

elephants, rhinos, and tigers. It is my hope that we will add neotropical migratory

birds to that list of keystone species and that we can persuade our colleagues on

the Appropriations Committee to allocate a sufficient amount of financial support.

Again, I am pleased that we are moving this legislation forward. I am confident

that the Neotropical Migratory Bird Conservation Account would provide muchneeded support for projects to conserve these species in a cost-effective manner.

I look forward to hearing from our distinguished witnesses and I am anxious to

obtain their input on this important conservation legislation.

[The text of the bill follows:]
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Mr. SAXTON. The Ranking Member, the gentleman from American Samoa, may be here a little bit later, but he does have an

opening statement which will be included in the record at this

point.

[The prepared statement of Mr. Faleomavaega follows:]

STATEMENT OF HON. ENI FALEOMAVAEGA, A DELEGATE IN CONGRESS FROM THE

TERRITORY OF AMERICAN SAMOA

Mr. Chairman, I support H.R. 39, the Neotropical Migratory Bird Conservation

Act, and I applaud the gentleman from Alaska’s efforts to address an issue that has

been ignored for too long.

Every year, billions of birds of some 350 species migrate thousands of miles between breeding grounds in North America and winter habitat in the tropics of Latin

America and the Caribbean. The migratory lifestyle of these species makes them

vulnerable to habitat destruction throughout their entire range, including stopover

points along the migration routes. Scientists assert that populations of many species

of migrant birds have declined precipitously over the last several decades for a variety of reasons, primarily from habitat loss and fragmentation, but also as a result

of invasive species, pesticides, nest parasitism, and deliberate poisonings. For many

neotropical birds, abundance trends are unknown or poorly understood.

This Act authorizes the Secretary of the Interior to provide funding for projects

that conserve neotropical migrants and to promote partnerships that improve cooperation among the wide number of agencies and organizations involved with ongoing conservation efforts. This Act is not intended to supplant efforts initiated by organizations such as the National Fish and Wildlife Foundation, but rather to complement them. This legislation is good public policy: It will save time and money,

as well as preserve biodiversity, by protecting bird populations before they have declined to the verge of extinction and more drastic measures are required.

Mr. SAXTON. I ask unanimous consent that all members be permitted to include their opening statements in the record.

[The prepared statement of Mr. Pallone follows:]

STATEMENT OF HON. FRANK PALLONE, JR. A REPRESENTATIVE IN CONGRESS FROM

THE STATE OF NEW JERSEY

Mr. Chairman, thank you for holding this hearing on H.R. 39, the Neotropical Migratory Bird Conservation Act of 1999. This bill would require the Secretary of the

Interior to create a conservation program for neotropical migratory birds.

As you know, neotropical migratory birds travel thousands of miles every year

from regions as far North as Canada, to as far South as Central and South America.

There are 90 North American bird species listed as endangered under the Endangered Species Act, some of which are neotropical migratory birds. In addition, the

U.S. Fish and Wildlife Service has unfortunately placed many neotropical migratory

birds on the Migratory Nongame Birds of Management Concern list.

The neotropical migratory bird species on these lists are either threatened, or endangered, due in part to the continuing deterioration of essential habitat, especially

in the Caribbean and Latin America. The loss of these essential habitats will continue unless Congress implements an effective conservation measure directed at

protecting neotropical migratory birds.

I feel that conservation of neotropical migratory birds is an important priority to

consider. Activites such as birdwatching and birdfeeding can generate nearly $20

billion in revenue each year in the U.S. The agricultural and environmental benefits

of neotropical migration are essential to survival of certain plants and animals. A

cost effective measure would be to prevent the decline of these species before they

need to be listed under the Endangered Species Act.

H.R. 39 would authorize $8 million per year through Fiscal Year 2004 for

neotropical migratory bird conservation programs. Given the severity of the situation with neotropical migratory birds, I am interested to know how much of a difference $8 million per year will contribute to conservation efforts, and whether any

Federal support has already been provided to these particular species that are regarded as threatened or endangered.

I applaud the good intent behind H.R. 39, and I am interested to hear from the

panel about what improvements can be made with the bill in order to better protect

these birds. Does the panel support the idea of an advisory committee to assist the

Secretary of Interior with this conservation effort?
16

I think these are questions that should be answered and areas that should be further explored, and I look forward to hearing from our witnesses today on the issues

related to the legislation before us.

Mr. SAXTON. I would now like to open the hearing with our first

witness, who happens to be an old friend, Mr. John Rogers, Deputy

Director of Fish and Wildlife, U.S. Fish and Wildlife Service.

I would just like to remind our witnesses that our oral testimony

is limited to five minutes, and we have that nasty red light that

comes on there in front of you. So if you would just pay mind to

it.

Mr. Rogers, you may begin your leisure.

STATEMENT OF JOHN ROGERS, DEPUTY DIRECTOR, U.S. FISH

AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR

Mr. ROGERS. Thank you very much, Mr. Chairman. It is a pleasure to be here before you this morning to comment on H.R. 39. I

think, significant to the importance that this Committee places on

the bill, that it does serve as the inaugural event for your efforts

in the 106th.

The Neotropical Migratory Bird Conservation Act will aid in the

conservation and management of neotropical birds. The administration supports this legislation. The bill provides a mechanism for coordination and funding to promote the conservation of neotropical

migratory birds and their habitats throughout Latin America, the

Caribbean and North America.

We acknowledge, also, that other House members have introduced a separate bill, and the Senate has its own version of this

legislation which we could support.

We will be happy to work with the Subcommittee, other House

members, as well as the Senate to resolve any differences among

the bills and to ensure that the final legislation serves the needs

of neotropical migratory birds.

At the outset, Mr. Chairman, we would like to support you, as

well as Chairman Young and Ranking Member Miller, of the full

Committee for co-sponsoring this important legislation.

H.R. 39 establishes a grants program to provide financial assistance to Federal, State, local, as well as Latin American and Caribbean government agencies, along with nonprofit and international

organizations, as well as others, to fund projects for the conservation of neotropical migratory birds. The legislation recognizes the

need for international cooperation in these conservation efforts and

establishes a project selection process to ensure that they focus on

long-term sustainability of local efforts.

The bill establishes a Neotropical Migratory Bird Conservation

Account within the Multinational Species Conservation Fund and

limits the Federal cost-share of the projects to 33 percent, thus,

leveraging the Federal funds provided. We are pleased with the

flexibility that this legislation provides and with the increase in authorization to $8 million per year to enable the Service to increase

the size and scope of the program over the next four years.

The Service, through four bilateral treaties, has responsibility for

maintaining healthy populations of some 778 species of migratory

nongame birds and 58 species of migratory game birds. Approxi-
17

mately, 350 of these species, the so-called neotropical migrants, migrate between the Caribbean, Latin America and North America.

Unfortunately, despite our best efforts, many of these birds continue to decline, some quite markedly. For example, 124 species of

migratory birds are currently on the Service’s list of migratory

nongame birds of management concern. If population trends of

these birds continue on their present downward slope, the next list

these species may appear on will be the endangered species list.

That list currently contains 90 species of North American birds,

and Mexico presently lists some 390 species as endangered, threatened or rare.

Birds are important to us for many reasons, whether we reside

in North America, Latin America or the Caribbean. Bird watching

and other forms of bird-related recreation are highly valued pastimes in North America, with a growing interest in the Caribbean

and Latin America as well. Nearly 70 million Americans spend approximately $20 billion each year participating in bird-related

recreation. Bird watching is America’s fastest growing form of

major outdoor recreation.

Additionally, birds prevent billions of dollars of economic losses

each year by eating crop-damaging insect pests and weed seeds.

They are important pollinators of many commercially valuable

plants. Neotropical birds are an important shared component of the

biological diversity of the Western Hemisphere.

Neotropical birds spend approximately five months of the year in

the Caribbean and Latin America, four months in their North

American breeding sites, and another three months migrating in

the fall and autumn between the two. The nature of this shared

trust makes migratory bird management an international issue.

Our most immediate challenge is to halt the precipitous declines

of many of these species due, in major part, to habitat destruction

and degradation. H.R. 39 is a major step in the right direction, in

that it will reverse these trends. Severely declining bird species are

causing great concerns among natural resource managers, both in

the public and private sectors of Caribbean and Latin American

countries, as well as in North America.

H.R. 39 will help the U.S. and our international partners reverse

species declines, conserving bird populations before they reach the

point of endangerment. Equally as important, this legislation will

help keep our common birds common. This visionary Act will help

unite all of the Americas in a coordinated effort to protect a vital

component of our shared biological heritage.

Mr. Chairman, that concludes my comments right now. I would

be happy to answer any questions that you may have.

[The prepared statement of Mr. Rogers may be found at the end

of the hearing.]

Mr. SAXTON. Thank you, Mr. Rogers.

Can you enlighten us on what Federal efforts are currently underway to carry out the same general objectives as this proposed

legislation.

Mr. ROGERS. Our budget contains approximately $2.5 million, for

which we look after the problems of neotropical birds. Much of this

has been spent, in our international efforts, has been spent in capacity building; that is, training of biologists, development of
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ecotourism efforts in Latin America. We have not had the resources

to invest in the kind of habitat-related work in Latin America, outside of this country, that we have been able to. We have, however,

had some limited activity, directly through the Fish and Wildlife

Service, on our National Wildlife Refuges, et cetera, to manage

habitat that would benefit these birds.

Mr. SAXTON. Well, there is, as a matter of fact, a fairly significant effort, is there not, through the Fish and Wildlife Service, particularly in our refuges, to protect habitat and protect species?

Mr. ROGERS. Correct. The mission of the National Wildlife Refuge System is, among other things, to restore and maintain habitat

for the variety of wildlife.

One of the unfortunate things about the ability of the National

Wildlife Refuge System to unilaterally deal with some of these

issues is that many of these species are dependent on large, undivided, unfragmented blocks of habitat that are much larger than

our National Wildlife Refuges can protect unilaterally right now.

Mr. SAXTON. We have had some success in New Jersey with regard to the piping plover, in terms of protecting its habitat and in

terms, as well, of watching the nesting pairs numbers grow, and

I am wondering if you can point to other success stories such as

that.

Mr. ROGERS. Well, all of our efforts on trying to increase endangered species, in general, such as they are birds, have met with

similar successes. The peregrine falcon, for example, is a

neotropical migrant that, through intense effort over the last many

years, has produced benefits to the point where we are proposing

delisting.

One of the other issues that we have, by asking and responding

to that kind of question, we are talking about individual species.

What we need to be worried about and what this bill will help us

do is to worry about larger blocks of habitat that will take care of

the needs of multiple species with single actions as opposed to the

kind of historic excruciating and labored species-by-species activity.

Mr. SAXTON. Will this authorization, which amounts to $8 million

per year, make a real difference in terms of conservation of our target species?

Mr. ROGERS. Mr. Chairman, I suppose, as a good government

witness and meeting the conventional wisdom, I am supposed to

say that, no, there is not enough money. We need a lot more. But,

in fact, an authorization of $8 million will give us the opportunity,

over the next few years, to demonstrate the utility of the program

and the sorts of benefits that can accrue to neotropical migrants

through it. And then, if justified, at the end of the current authorization, we might explore further appropriations. But $8 million

should be sufficient.

Mr. SAXTON. Let me ask you this: It seems to me that many of

the species that we are interested in, particularly those which we

protect here, try to protect here, suffer because of conflicts between

human beings and species. I am wondering if there might be an opportunity to use some of these monies to bring awareness of these

conflicts and to try and provide some level of awareness, education

to people who, for example, I have a lot of surf fishermen who

think we are being pretty mean to them because we won’t let them
19

fish in certain areas during certain times of the year because the

plovers are there. And yet, there seems to be a lack of understanding as to why these types of actions are necessary.

Mr. ROGERS. You are exactly right, Mr. Chairman. Habitat work,

we believe, should be the emphasis of this. But quietly going on

about doing our business with partners of saving big chunks of

habitat, or trying to, and doing that alone, is not going to be successful. The public has got to understand why birds are important,

that birds are important and need to join with us in both understanding it and doing something about it. So education and public

outreach are going to be an important part of that.

Mr. SAXTON. Thank you. Let me ask one final question for the

record. Is there a need to stipulate in statutory language that the

Secretary of Interior may convene an advisory committee to assist

him in the conservation of neotropical migratory birds and, if so,

why?

Mr. ROGERS. We think it is very important to involve the conservation community in this effort broadly and that an advisory

committee, laid out in the legislation, would be very helpful to us

in that regard. We would hope that, if the Committee decides that

the advisory committee is the appropriate way to go, it would also

provide us the appropriate regulatory flexibility so we could do it

quickly with a minimum of administrative burden.

Mr. SAXTON. So you would favor some statutory language?

Mr. ROGERS. Yes, sir.

Mr. SAXTON. Thank you very much. We appreciate you being

with us this morning, and we look forward to working with you in

the days ahead on this legislation.

Mr. ROGERS. Thank you very much, Mr. Chairman. As always,

it has been a pleasure.

Mr. SAXTON. Thank you.

I will now introduce our second panel. We have Mr. Robert

McDowell, Director of Fish, Game and Wildlife at the New Jersey

Department of Environmental Protection, someone whom I know

very well. We fish together, almost hunted together this year, but

didn’t quite make it.

Mr. MCDOWELL. Almost drowned together.

Mr. SAXTON. Almost got hit by lightening together and almost

sunk the boat; that is right.

[Laughter.]

Mr. SAXTON. Welcome. Glad we are both here, by the way.

[Laughter.]

Mr. MCDOWELL. Yes, so am I.

Mr. SAXTON. In addition, Dr. Daniel Beard, the Senior Vice President of the National Audubon Society; Dr. Peter Stangel, the Director of Neotropical Migratory Birds at the National Fish and Wildlife Foundation; Mr. Christopher Williams, the Director of the U.S.

Species Conservation at the World Wildlife Fund; Mr. Ken

Reininger, the Curator of Birds at the North Carolina Zoological

Park; and Mr. Gerald Winegrad, the Vice President for Policy of

the American Bird Conservancy.

I just want to welcome you. And please, if you will, take note of

the lights in front of you, inasmuch as there are several witnesses,
20

all of whose testimony is very important, and we will begin with

Mr. McDowell.

STATEMENT OF ROBERT McDOWELL, DIRECTOR, DIVISION OF

FISH, GAME AND WILDLIFE, NEW JERSEY DEPARTMENT OF

ENVIRONMENTAL PROTECTION

Mr. MCDOWELL. Thank you very much, Congressman Saxton, for

this opportunity. I am here representing the International Association of Fish and Wildlife Agencies, and I appreciate this opportunity to comment on H.R. 39.

The Association supports strongly H.R. 39, and it is a good start

to address the conservation needs of this important group of migratory birds, especially in Latin America and the Caribbean. But I

will also point out the unfulfilled conservation needs for those species, these species in the United States and our domestic programs

to address those needs.

All 50 State Fish and Wildlife Agencies are a member of this Association. As you are aware, the Association has long played an active role in migratory bird conservation, from 1916, with the Migratory Bird Treaty, and the passage of the Migratory Bird Treaty Act

in 1918, to the North American Wetlands Conservation Act.

The Association has also given the highest priority of securing

necessary funding to enable our State Fish and Wildlife Agencies

to address the conservation needs of the so-called nongame species,

such as neotropical migratory birds, and their habitats before they

reach a point where we have to apply the Endangered Species Act.

We hope we will be able to fulfill those objectives with the passage

of the Conservation and Reinvestment Act from Chairman Young

and Congressman Dingell in Congress.

Most of our member State Fish and Wildlife Agencies participating in the North American Waterfowl Management Plan are

currently sending matching funds, to both Canada and Mexico, to

facilitate the conservation objectives of this plan. Our agencies in

the border States of California, Arizona, New Mexico and Texas are

already engaged in conservation efforts in Mexico and other Latin

American countries to restore indigenous fauna. We anticipate that

our State Fish and Wildlife Agencies would likewise participate in

a matching fund protocol for H.R. 39 and this established fund for

the migratory bird species in Latin America and the Caribbean. So

it is a good first step.

The Association recognizes that effective conservation of the 800-

plus species of birds that occurred in the United States during

some part of their life cycle requires cooperative efforts of conservationists at international, national, regional, state and local geographic levels. The Association has recently created an ad hoc committee on migratory bird funding to make progress in the effort to

improve our abilities to effectively conserve these birds.

Let me relate to you a few examples of demonstrating that, in

order to successfully secure the conservation in these neotropical

migrants, we need to address their life needs and the habitat requirements in both the United States, which encompasses mostly

the breeding range, stopover habitats, where they stop on their

way to the Arctic, in the cases of some species, to nest, and the
21

southern terminus of their migration, which is their winter range

in South America and the Caribbean.

The Cerulean Warbler is a neotropical migratory bird that breeds

across the United States and winters in Northern South America,

mostly to the east of the Andes Mountains. The North American

Breeding Bird Survey indicates this species declined significantly

between 3.5 and 4 percent each year for the past 30 years in the

breeding grounds in the United States, primarily as a result of the

loss and fragmentation of bottomland hardwood forest during the

nonbreeding season. The species is known to frequent coffee farms

in Latin America where it forages in the mid-story and the canopy

vegetation that provides cover and shade for growing coffee plants.

However, much of that acreage is being converted into sun-tolerant

varieties of coffee. Sun-tolerant coffee plantations do not provide

the kind of habitat needed for over-wintering warblers.

On the West Coast of the continent, the Alaska shorebird working group is developing a statewide comprehensive monitoring program. Since nearly the entire world population of Western Sandpipers breeds in Alaska, monitoring of population numbers and

productivity is very important.

There are many, many of these examples. In our own State of

New Jersey, we are the spring stopover for shorebirds in Delaware

Bay, one of the top three in the world, and includes over 15 species,

some making round-trip flights over 20,000 miles. Both fall and

spring migrants gain weight while stopping over and can be crucial

to the success of their migration. Shorebirds double their body

weight. Cape May Peninsula and Delaware Bay is one of the most

used ecotourism designations—desti—people come there—in the

country.

[Laughter.]

Mr. MCDOWELL. An estimated $30 million in the fall, an estimated $5- to $10 million in the spring are spent each year by people visiting the area to see birds.

A major portion of world population lives in that area. Nearly 15

percent of the people living in the United States live within a

three-hour drive of this area. It adds to a tremendous amount of

pressure on the area. If we are not able to work with local landowners, provide habitat in the area, have projects that deal with

conserving this area and conserving the habitat in that area, we

are not going to be able to keep this thing going in the State of

New Jersey.

I have submitted written testimony to this effect in far more detail, and I appreciate the opportunity to talk to you today.

[The prepared statement of Mr. McDowell may be found at the

end of the hearing.]

Mr. SAXTON. Thank you very much, Mr. McDowell.

We are going to deviate from our regular order now. At this

point, I would like to introduce the gentleman from North Carolina,

my friend, Mr. Coble.

Mr. COBLE. Thank you, Mr. Chairman. I appreciate that.

Ken, my good friend, Jimmy Saxton, and I continue to try to

‘‘outbrag’’ each other concerning our respective districts. So I want

to do a little boasting, if I may, Mr. Chairman.
22

Ken Reininger is here to testify in support of H.R. 39, and he is

a Curator of Birds for the North Carolina Zoological Park in

Asheboro. Mr. Chairman, I would like to extend an invitation to

you and to the gentleman from the Eastern Shore, as well as all

other members of your Committee to come to Carolina because this

is one of two state-owned and operated zoos in the country, and I

think we are second to none.

Ken has a total of 24 years’ experience as an agriculturist and

an avian collection manager in public zoological park setting, including six years as the Bird Curator at the North Carolina Zoo.

He came to our zoo from the Burnette Park Zoo in Syracuse and

earned his B.S. in Multiple Science from Le Moyne College in Syracuse, New York. And, Ken, I apologize for my belated arrival. I

have got to go to another meeting probably before you finish.

But, Mr. Chairman, I thank you for letting me present Ken to

you.

Mr. SAXTON. Mr. Reininger, we are pleased that you are here

today. And if all of those nice things that Mr. Coble said, obviously,

inasmuch as he said them, they must be true——

[Laughter.]

Mr. SAXTON. And so why don’t you proceed at this time, sir.

KEN REININGER, CURATOR OF BIRDS, NORTH CAROLINA

ZOOLOGICAL PARK

Mr. REININGER. Thank you, Mr. Coble and Mr. Chairman. Thank

you for the opportunity to testify in support of H.R. 39, the

Neotropical Migratory Bird Conservation Act. My name is Ken

Reininger. I am Curator of Birds at the North Carolina Zoological

Park in Asheboro. The North Carolina Zoo is an accredited member

of the American Zoo and Aquarium Association. It has been since

1974. The AZA represents 183 accredited zoos, aquariums,

oceanariums and wild animal parks in North America, as well as

most of its professional employees.

As Mr. Coble said, I have a number of years’ experience as an

avian collection manager in a public zoo setting. I have also had

the pleasure of participating in a number of bird recovery programs, including those for the Hawaiian Nene Goose, the South African wattled crane and the Indonesian Bali mynah. I have worked

on field programs from North Carolina to South Africa and other

points around the world and also serve on several AZA scientific

advisory committees.

Mr. Chairman, I would like to take this opportunity to thank

you, Congressman Miller and Chairman Young of reintroducing

H.R. 39 and for conducting this hearing so early in the session. I

also thank the Chairman for making some of the recommended

changes offered by the administration in 1998.

As you are well aware, one of the greatest threats to many species is habitat loss and degradation. One of the more successful

practices to reduce these pressures has been to encourage habitat

conservation in the form of public-private partnerships, such as

those mentioned earlier; the African and Asian Elephant, Rhino

and Tiger Conservation Acts. I believe H.R. 39 will continue this

relatively new formula of success and, at the same time, complement existing conservation programs and initiatives, such as
23

Partners in Flight and the North American Waterfowl Management Plan.

Although migratory birds are protected by the Migratory Treaty

Act and the United States is party to four other bilateral treaties,

as has been mentioned previously, a number of migratory songbird

species continue to face increasing challenges throughout North

America. These species face challenges from forest fragmentation,

a loss of habitat on wintering areas and the loss of habitat at key

migration stopover sites.

I know from personal experience the importance of these key

areas, such as the Outer Banks of North Carolina, to birds making

the long migratory journey. Moreover, as previously stated, over 90

North American bird species are listed as endangered and threatened under the ESA, while another 124 are currently are on the

list of Migratory Nongame Birds of Management Concern. Mexico

lists some 390 bird species as vulnerable or endangered. So much

more needs to be done.

There needs to be a commitment from many at both ends of the

migratory route, from the wintering grounds in more tropical regions, to the cooler northern breeding habitats and all of the critical habitat in between to conserve these species. Preserving habitat for neotropical migratory birds is truly a team effort. We cannot

allow continued fragmentation of habitat to occur.

I know and understand the importance of community involvement and the value of partnerships and educational outreach for

a wildlife conservation program to be successful. Whether it is balancing the needs of bald eagles with logging interests, land developers and power companies, as I had the pleasure to participate in,

in the Yadkin PeeDee Lakes region of Central North Carolina, or

involving South African trout farmers in wetlands and wattled

crane preservation, I have learned the value of ensuring that all

stakeholders are brought into the problem-solving process.

I believe H.R. 39 is a step in that direction. The legislation and

its subsequent fund create a cooperative atmosphere and the foundation for a win-win situation for neotropical migratory birds and

their important migratory habitat, also for our international partners in conservation and the millions of Americans who spend an

increasing amount of time bird-watching and on other bird-related

activities.

H.R. 39 continues the innovative cost-sharing formulas from

early conservation measures, utilizing both Federal and non-Federal support. Most of all, by establishing the Neotropical Migratory

Bird Conservation Fund, the United States elevates the importance

of protecting critical migratory bird habitat in Latin America, and

the Caribbean and throughout the Americas. Moreover, from a biological perspective, H.R. 39 will help to ensure that the ecosystems

which neotropical birds and humans depend on, are managed in a

more sustainable way.

In conclusion, H.R. 39 represents the best in conservation legislation—a targeted strategy to protect critical habitat and biodiversity, a proven formula to foster public-private partnerships through

a competitive grant process and a program that complements existing national and international programs.
24

As John Rogers stated last year in his testimony before the Senate Committee on Environment and Public Works, ‘‘The nature of

this ‘shared trust’ resource makes migratory bird management a

true international challenge.’’

Mr. Chairman, thank you for the opportunity to appear before

you today. I would be happy to answer any questions you might

have.

[The prepared statement of Mr. Reininger may be found at the

end of the hearing.]

Mr. SAXTON. Thank you, Mr. Reininger, very much.

The National Audubon Society is most ably represented today by

Mr. Dan Beard.

STATEMENT OF DANIEL BEARD, SENIOR VICE PRESIDENT

FOR PUBLIC POLICY, NATIONAL AUDUBON SOCIETY

Mr. Beard. Thank you, Mr. Chairman. I am pleased to appear before you today on behalf of the one million members and supporters

of the National Audubon Society throughout the Americas, in

strong support of H.R. 39.

This legislation, plus H.R. 381, introduced by Congressman Jim

Greenwood, are major steps forward in our efforts to protect and

enhance bird habitat in Latin America and the Caribbean. I want

to compliment Chairman Young, Mr. Greenwood, yourself, and Mr.

Miller for introducing these bills and giving this matter the important attention it deserves.

I would like to express our wholehearted support for the

Neotropical Migratory Bird Conservation Act. This bill addresses

the important needs of protecting and enhancing populations of

neotropical birds, using effective and, we think, relatively inexpensive means.

While neotropical migratory birds are beautiful and an important

part of our natural heritage, they have also become fundamental

components of our local economies. According to surveys completed

by the Fish and Wildlife Service, more than 63 million Americans

watch and feed birds, and each year more than 24 million Americans travel to watch birds. In 1991, the last year we have specific

data available, bird-watchers spent more than $5 billion on goods

and services related to these activities and these expenditures generated more than $600 million in tax revenue for local, state and

Federal governments. Nonconsumptive bird use supports almost

200,000 American jobs.

Many of these remarkable creatures are disappearing due to the

loss and declining quality of habitat in the United States, Canada

and throughout Latin America and the Caribbean. If we want to

protect these birds, we must protect their habitat here in the

United States as well as Latin America and the Caribbean.

H.R. 39 is an efficient bill because it does not rely solely on the

taxpayers for the funding of these programs. The bill would encourage leveraging Federal dollars by helping to build partnerships

with the business community, nongovernment organizations and

foreign governments. The flexible matching fund requirements of

this bill will give the Department of Interior greater flexibility to

choose the appropriate projects.
25

I would like to offer some suggestions to the Committee, should

the decision be made to move the bill. First, we would urge that

the Committee substitute the purposes language contained in H.R.

4517, in the 105th Congress, for the language that is currently in

H.R. 39. The language in H.R. 39, as it currently exists, especially

in subsection (2), is overly broad and does not include language

calling for protection of neotropical birds. We think that this is important.

Second, if a decision is made to report H.R. 39, I would urge the

Committee to consider adding language authorizing the establishment of a neotropical migratory bird advisory committee. H.R. 381

authorizes such a committee and we really believe that it could be

an important focal point for raising the visibility of this issue

among Federal agencies but more importantly, in Latin America

and in the Caribbean within the institutions that exist there.

Third, the bill should be amended to make it clear that a majority of the funds appropriated should be spent in Latin America and

the Caribbean. Habitat in these areas is in dire need of restoration.

Dollars spent in these areas will, in many cases, have greater impact because of the lower cost of land and labor. It would be a tragedy if we passed this bill and a majority of the funds were spent

in the United States. We don’t see that as the fundamental purpose

of this legislation.

Finally, as currently drafted, H.R. 39 could potentially allow the

Secretary to make available all of the funds for neotropical projects

to U.S Federal agencies. I would urge you to revise the language

to ensure that a majority of the funds be made available to foreign

governments and nongovernmental organizations to promote conservation projects in Central America and the Caribbean.

If a bill passes and a majority of the funds are diverted to U.S.

Federal agencies, our efforts to save neotropical birds will have

been curtailed, and I think we will have lost a great opportunity.

Mr. Chairman, again, I want to express to you our strong support for this legislation. We appreciate you holding this hearing

and we look forward to working with the members of the Committee to move this bill forward.

Thank you.

[The prepared statement of Mr. Beard may be found at the end

of the hearing.]

Mr. SAXTON. Thank you very much, Mr. Beard.

The National Fish and Wildlife Foundation, better known around

here as the Foundation, is represented today by Dr. Peter Stangel.

You may proceed, sir.

STATEMENT OF PETER STANGEL, Ph.D., DIRECTOR OF

NEOTROPICAL MIGRATORY BIRD CONSERVATION INITIATIVE, NATIONAL FISH AND WILDLIFE FOUNDATION

Dr. STANGEL. Thank you, very much. Good morning, Mr. Chairman, and thank you for the opportunity to appear this morning

and express our support for this initiative. We would like to commend you, and Mr. Young and your colleagues for your leadership

in this effort.

I think this initiative is one of the most exciting opportunities we

have had in bird conservation in recent history, and if the program
26

described in this bill is fully developed, it will go a long way towards preventing dozens of species of neotropical migratory birds

from ever reaching the endangered species list.

As you well know, the Fish and Wildlife Service and others have

estimated that about half of all of the neotropical migratory birds

are declining, and if these declines are allowed to continue, literally

dozens of species could reach the endangered species list, creating

an environmental disaster the likes of which the conservation community has never witnessed.

Despite this possibility, I don’t think we are in a situation where

the sky is falling. I think there is a lot of optimism, and I would

liken the situation more to that what occurs when you are driving

down the road and the red light on the dashboard of your car

comes on, indicating that it is time for an oil change. That red light

suggests that, if you make a small investment now and change

your oil, you will save your engine. I think that is exactly where

we are with migratory birds. The red light is on, and a modest investment now will prevent disasters further down the road.

For the past ten years, the Foundation, the Fish and Wildlife

Service, Audubon Society, American Bird Conservancy have been

working cooperatively to develop a comprehensive strategy for

neotropical migratory birds called Partners in Flight. We launched

this effort because we felt it was critical that we take a hemispheric approach to conservation of neotropical migrants and that

we take a cooperative approach. Quite simply, the issue is too complex for any one organization or agency to save migratory birds on

their own, no matter how much money they have. The only answer

is to work cooperatively. And after a decade of efforts on behalf of

migratory birds, we are convinced that this is still the best approach.

Over the past ten years, we have also had the opportunity to run

a grant program very similar to that which you propose in this legislation, and we would like to offer a few suggestions, based on our

experience, that we think will assist you with development of this

bill.

First of all, we urge you to make this process as cooperative as

possible. As I said before, it is not possible for any one organization

or agency to fix this problem on their own, and the only chance we

have for these birds and their habitats is to work cooperatively. At

the Foundation, we do this through a series of advisory committees

that are informal. We bring together experts from Federal agencies,

State agencies, industries and our nonprofit partners to work with

us to identify trends in conservation, help us select projects and develop programs that benefit migratory birds. These advisory committees help us foster partnerships and leverage our Federal funds.

We think it is critical that the Service establish a similar sort of

advisory committee. It doesn’t have to be a bureaucratic exercise.

We don’t pay our committee members. We don’t fly them around

the country to meetings. We simply meet two to three times a year

to exchange ideas and build partnerships, and we think it would

be particularly helpful if the Service were allowed or excused from

some of the FACA responsibilities that might prohibit this sort of

interaction.
27

Second, we fully support the idea of match for the Federal funds

in this program. Over the past ten years, the Foundation has

awarded 470 grants to benefit migratory birds. We are required to

have a one-to-one match for these grants. But, in reality, on average, we obtain better than a three-to-one match domestically and

almost one and a half-to-one for international programs. We think

the Service is fully capable of the same sort of match. This match

not only leverages taxpayer dollars, but it also strengthens the

ability of the grantees to continue the programs long after their

grant funds are gone because they develop a network for obtaining

funds for future projects.

Third, we think it is very important that this Act include continued opportunities to bring industry into this program. When we

launched Partners in Flight, we made sure that the forest products

industry, and the grazing industry and other industries were

present at the very beginning because we felt that the future of

neotropical migratory birds was on private lands. Private lands

dominate our landscape; 70 percent of the country nationwide, 90

percent here in the eastern United States. No matter how good our

National Wildlife Refuge System is, unless we reach out to private

landowners, our efforts will not be successful.

Two years ago, we established a cooperative agreement with 17

of the largest forest products companies to work with us in conservation of neotropical migratory birds. We have awarded over a

million dollars of grants to these companies to leverage their considerable financial resources and to establish cutting-edge projects

on private lands. These projects will not only benefit industry, but

will benefit Federal agencies and other landowners, and we see it

as critical that industry continue to be an important component of

this program.

And, finally, and perhaps most importantly, we would like to recommend that the funds from this Act be used to implement the

conservation recommendations from Partners in Flight. For the

past decade, hundreds and hundreds of people from Federal agencies, State agencies, industries and nonprofits have been working

together to develop comprehensive plans not just for neotropical

migratory birds, but for all birds. And these plans are breaking the

barriers between game and nongame management, and they are

building partnerships between agencies, and nonprofits and industries that we only dreamed of in the past.

Quite simply, these are the best conservation plans for birds that

have ever been developed, and we think it is essential that these

funds be used to implement the recommendations from those plans.

We don’t need more funds to develop studies or to prioritize. That

has already been done. And we think the most effective use of

these funds would be to implement these programs.

Thank you for letting us appear in support of this initiative, and

we look forward to working with the Service and other partners to

help conserve these species.

[The prepared statement of Mr. Stangel may be found at the end

of the hearing.]

Mr. SAXTON. Thank you very much, Dr. Stangel. We appreciate

your optimism, and we believe that this legislation will go a long
28

way towards carrying out the kinds of objectives that you have just

mentioned.

Christopher Williams, with the World Wildlife Fund, is our next

witness.

You may proceed, sir.

STATEMENT OF CHRISTOPHER E. WILLIAMS, DIRECTOR OF

U.S. SPECIES CONSERVATION, WORLD WILDLIFE FUND

Mr. WILLIAMS. Thank you, Mr. Chairman. Thank you for the opportunity to come and talk to the Committee today.

I am here on behalf of the 1.2 million members of World Wildlife

Fund to express support for H.R. 39, the Neotropical Migratory

Bird Conservation Act of 1999.

Mr. Rogers and my fellow panelists have done a terrific job of describing the plight of migratory birds and the need for this legislation. So I would like to spend a few minutes talking about what

World Wildlife Fund considers to be the strong points of this legislation and then make recommendations that we believe will make

it even stronger.

One aspect of the bill that we feel makes it a strong, creative,

and very useful tool for conservation is that it encourages proactive

conservation measures that go beyond regulation to conserve

neotropical migratory birds. Regulation is an important tool for

conserving wildlife, endangered species, and migratory birds and,

in fact, it may be that more regulation is necessary to really

achieve the goal of conserving neotropical migrants.

However, it has become obvious, over the past 25 years of environmental law and regulation, that regulation is not enough to do

the job. We must enlist private landowners, corporations, entities

all across the spectrum in voluntary, proactive measures to conserve and restore wildlife habitat and populations. This bill, with

its expansive language of who is eligible for funding and the types

of projects that can be funded, goes a long way toward moving us

toward those proactive conservation approaches.

A second strong point of the legislation, in our view, is its fostering of partnerships: fostering partnerships across international

borders, fostering partnerships between agencies, local communities and private landowners to conserve migratory bird populations and habitat.

With that, I would like to suggest a few recommendations that

would make the bill still stronger, in our view.

First, we believe that the bill should be amended to explicitly include Canada in the program. While there is no language right now

in the bill that explicitly eliminates or prohibits funds from going

to Canada for the conservation of migratory birds, the language of

the bill, as written, suggests that its scope be limited to the United

States and Latin America. As we all know, there are many migratory birds that make the long journey from the Arctic Circle deep

into South America during their migratory route. If we want to

make this a truly hemispheric initiative benefiting birds, such as

the American golden plover, the semipalmated sandpiper, or the

American peregrine falcon, Canada should be included in the program.
29

The second recommendation that we would make is to raise the

ceiling that now limits the Federal cost-share to 33 percent. I believe that cost sharing is an important tool and the funds from the

Act should be used to leverage conservation resources from other

sources. However, poorly funded conservation agencies or local

communities in Latin America or local NGOs who are strapped for

resources are going to have a very hard time coming up with a 67-

percent match to qualify for funds coming from the program. So I

believe that the match limitation should be on a sliding scale from

33 percent up to as much as 75 percent, again, to empower communities and agencies with fewer resources to be involved in the program.

And the third recommendation that I would make is that the annual appropriations in the later years of the program be increased.

We heard from Mr. Rogers that $8 million was adequate for our

immediate purposes, and I will take him at his word. But in my

view, during the out-years of the program, the appropriation should

be increased as the program gets its legs under it and more

projects could potentially come on-line.

That is the extent of my oral comments today. I am happy to answer any questions you may have, and thank you for the opportunity for World Wildlife Fund to express our thoughts on this important issue.

[The prepared statement of Mr. Williams may be found at the

end of the hearing.]

Mr. SAXTON. Thank you very much.

I would now like to ask the gentleman from the gorgeous Eastern

Shore of Maryland if he would like to make an introduction.

Mr. GILCHREST. Thank you, Mr. Chairman.

Turner’s Creek and the Sassafras River.

I would like to introduce Mr. Winegrad, Gerald Winegrad, Delegate from the State of Maryland to the General Assembly for a

number of years, and pretty much—I know we are calling for partnerships here, but partnerships require leadership, and I am not

going to say totally singlehandedly, but Mr. Winegrad is responsible for just countless numbers of environmental policies that have

proven to be very successful in preserving the beautiful Chesapeake Bay and habitat for a number of species.

So, Jerry, it is good to have you in the Nation’s capital this morning, and it is good to see you again. We are glad that you are participating in this panel this morning. I see you have, at least to me,

anyway, it is a new job. So that is good.

Welcome, Jerry.

STATEMENT OF GERALD WINEGRAD, VICE PRESIDENT FOR

POLICY, AMERICAN BIRD CONSERVANCY

Mr. WINEGRAD. Thank you. Thank you, Mr. Chairman, and

thank you very much, Representative Gilchrest. Mr. Gilchrest is

my Congressman. I am proud to be one of his constituents, and his

environmental leadership is known throughout our great State and

throughout the United States.

I am Gerald Winegrad. I represent the American Bird Conservancy. I am Vice President for Policy and, as Representative

Gilchrest said, I am a recovering politician as well. I did serve in
30

the Maryland legislature for 16 years and chose not to run again.

So I have dedicated myself to working in conservation, and here I

am.

We are a nonprofit conservation group dedicated to the conservation of wild birds in the Americas. We operate with many different

programs run by excellent ornithologists, including the National

Coordinator for Partners in Flight who works for us. We do the Important Bird Areas program in conjunction with National Audubon.

We have a Pesticide and Birds Campaign and a full-time coordinator working on pesticides impacts on wildlife, as well as a CATS

INDOORS! coordinator and a collaborative partnership through a

78-member organization Policy Council. That includes groups such

as National Audubon and World Wildlife Fund, present here, as

well as groups such as the New Jersey Audubon Society, the Maryland Ornithological Society, Del Marva Ornithological Society and

groups all over the country.

We are very pleased to support H.R. 39 and hope that this is a

beginning of a recognition by the Congress of the need for a comprehensive approach to resolve the very serious threats to migratory bird populations in this country and in nations to our south.

These threats include habitat loss, habitat degradation, habitat

fragmentation, pesticides and other contaminants, introduced exotic species, human-constructed barriers to migration, such as communication towers, free-roaming domestic cats, and insufficient

funding, both in this Nation, as well as nations to our south, and

incentives to better manage existing habitat.

This legislation is particularly opportune because of the very significant increase in people’s concerns over birds. Bird watching is

big business. You have heard the figures from 1991. Over $5 billion

in direct expenditures related to feeding, watching, viewing and

traveling to watch birds.

In fact, the studies show that through the year 2050, it is expected to be the only outdoor recreation that actually grows greater

than the increase in population. There are over 70 million Americans that participate in some manner of bird activities.

Having said that, the decline is significant in many of our

neotropical migratory birds and other migratory bird species. You

have heard the figures. There is data in my statement. But of serious concern to this subcommittee, this committee and the Congress

should be the fact that, of the 800-and-some species in our country,

778 of which are nongame species, of these species, fully more than

one-quarter are either listed as endangered or threatened under

our Endangered Species Act—that is 90 species—and another 124

on the Migratory Nongame Birds of Management Concern list published by the Fish and Wildlife Service. There is grave concern that

these species may, one day, be listed or are in decline or need specialized local help to keep them from going into decline.

And many of those species you would recognize. They include

species that are common to the Eastern Shore, such as the marsh

hawk, also known as the northern harrier. That is a species of concern. The common loon is a species of concern, the snowy plover,

the red-shouldered hawk, the American bittern, the black tern, the

short-eared owl, the red-headed woodpecker that we see here in the

East, all of these are species of concern, coupled with the 90 species
31

that are on the endangered species list, from whooping cranes to

the piping plover that you have mentioned, Mr. Chairman, that

New Jersey shares with Maryland’s Eastern Shore, as well as the

Aleutian Canada Goose and the Everglade snail kite.

We see this legislation as a beginning of a great movement forward of the Congress and the United States to protect and conserve

these neotropical migratory bird species.

We would suggest in the legislation, having as a background

Senator Abraham’s bill of last year, Senate Bill 1970, and S. 148

this year, as well as the other iterations that went back and forth

near the end of the last Congress, that, number one, that we would

like to see—joining some of our colleagues—the funding increased

for the percentage share. It would really help if we could go to 50

percent for U.S. projects from the Federal money and 50 to 75 percent, depending on the priority needs, as the Secretary determines,

for funding south of the border.

We would also suggest that there be an advisory committee

spelled out in the legislation. The Partners in Flight program is excellent. The North American bird conservation plan is nearing completion. They should be completed this year for 51 geophysical regions of the country, with very specific planning for priority species

that will need to be funded. And that expertise has burgeoned into

a Partners in Flight program in Canada, and now the North American Bird Conservation Initiative, which also involves Mexico.

There were very successful meetings just last year in Puebla, Mexico. These programs are extant, need to be funded and should be

recognized in the legislation.

With that, we urge the Congress to pass this legislation expeditiously and, most importantly, to fund, in this fiscal year, the full

$8 million or else this will be another nongame bill that never

makes a difference because of no funding.

[The prepared statement of Mr. Winegrad may be found at the

end of the hearing.]

Mr. SAXTON. Well, thank you very much.

Before I ask Mr. Gilchrest for his questions, let me just make

note, in my opening statement, I noted that our Subcommittee has

been very productive over the past four years; that we have held

82 hearings, 22 markups, and 60 of our bills have ended up being

law.

The road to doing that, in today’s environment, can be bumpy at

times. But we, as a Committee, have been able to move forward,

and the members and the Chairman have been able to take credit,

but we didn’t do the hard work. We have folks in back of us here

who have made it possible for Neil Abercrombie, and Jim Saxton,

and Don Young, and George Miller, and Gary Studds to go to the

floor on a bipartisan basis and do the work of the country, usually

in the conservation sense.

Today, I would just like to say that two of the people who have

made this possible are soon to leave us. It is Chris Mann, who

came to the committee as a Sea Grant Fellow in the late 1980s and

then, actually, the Merchant Marine and Fisheries Committee, at

the time, and worked with the Merchant Marine and Fisheries

Committee and is now in his fifth year here. We have had a great

working relationship with Chris, and he is going over to the State
32

Department, where we will continue to work together on conservation issues and, hopefully, continue the same kind of progress, only

in a more far-reaching way, even, than we have been able to do

here.

Chris, it has been a pleasure to have you with us, and we look

forward to continuing the great relationship, and we will miss you,

to say the least.

Also, soon to depart Washington, DC, is the young lady to my

right who came to us after a short stint working as a staffer in the

Senate, came to work on my personal staff, and has been making

me look smart ever since, I think.

[Laughter.]

Mr. SAXTON. And Sharon has, obviously, been with this Committee since the Merchant Marine and Fisheries Committee went

away and was a staffer on the Merchant Marine and Fisheries

Committee before that. She and her family, two kids and Mike,

have already actually moved back to New Jersey. Mike is working

for the Atlantic City Press, and Sharon will be going back. You

won’t see as much of her, but I will because she is going to be living in my district, fortunately, and I will miss Sharon a great deal

as well.

I just wanted to make note of these two individuals because they

have been such a key part of the successes that we are able to

claim, and we will miss you both here in Washington very much.

But I am sure we will see you both in different capacities very

often.

So, with that, Mr. Gilchrest, if you would like to ask whatever

questions you think are pertinent.

Mr. GILCHREST. Thank you, Mr. Chairman.

I don’t have any real specific questions. I appreciate the testimony with their clear direction for recommendations, which I think

will help continue to improve the legislation. Some of them, for example, cooperate with a whole range of partners, including the

public and the private, the ag community, the forestry logging community, the subdivision community, the construction industry and

so on. So I think these are all very helpful recommendations that

we can take and, to the extent that it is possible, turn into law and

appropriate the kind of funds that will be needed. Funds around

Washington are becoming increasingly more scarce, so it does take

a lot of effort on the part of us, the staff and all of you to make

these things happen.

I would like to describe a situation that I am working on in

Maryland, if I can be parochial for a second, that will include a section of New Jersey, and Virginia and a piece of Pennsylvania, and

I have talked to Frank about this—LoBiondo. He has Cape May,

doesn’t he?

I would like to solicit some of your help in creating a long-term

project, and which I am going to refer to as a habitat conservation

corridor that will go from the lower Eastern Shore of Virginia up

through the DelMarva Peninsula, including Delaware, a piece of

Pennsylvania, and the flyway of New Jersey, right across the Delaware River. It has been in the discussion stage right now. We are

going to meet with Governor Carper I believe the latter part of

March, the first part of April. The Department of Natural Re-
33

sources in Maryland, we have had a number of discussion with

them, Jerry. We have had some brief discussions with their counterpart in Delaware.

We have not had any discussions with anybody in New Jersey.

So it is really an opportunity, Mr. McDowell, that you are here

today because when we set up the time frames for these meetings,

we would really like your participation. And we stuck New Jersey

in there, besides the fact that it is a beautiful state, the Garden

State, because we did recognize that those are some of the areas

where these neotropical birds migrate through, and it is some pretty beautiful habitat up there that could be preserved.

So it is a long-range plan. It is something that will have to be

done with conservation easements, with voluntary easements, with

maybe open-space ag preservation purchase of property, environmental trusts, a whole range of people we feel could participate in

this.

Two other quick things, we realize that the coastal areas of New

Jersey, Maryland and Virginia are very important to preserve and

so are the shorelines of the Chesapeake Bay. Several of you mentioned the idea that the problems with neotropical birds is fragmentation of their habitat. What we want to do with this habitat

conservation corridor is to make sure there is nothing fragmented.

So if you can picture, perhaps, a tree and its roots, with the center

trunk going up the middle of Del Marva, but the roots reaching out

to the shorelines of the bay and the coastlines of the ocean, not

fragmented. And our DNR has a number of really good maps to

show the most prioritized areas that can be preserved.

So this is something that it was an opportunity that you all came

here this morning. We would like to send you the information as

we progress. And the concept is like the Appalachian Trail. We

know it is not going to happen in two years, but the Appalachian

Trail and its similar counterparts around the country, the Long

Trail in Vermont, the Sierra Nevadas and those things, it took a

long time to actually connect, put together. And so this is what we

are going to try to do here.

Mr. BEARD. Mr. Chairman, I wonder if I might be able to comment?

Mr. SAXTON. Please proceed.

Mr. BEARD. Mr. Gilchrest, I think this is an absolutely fascinating idea. The one analogy I thought of was the historical corridors that we have done through park legislation. Mr. Regula, for

example, has been very supportive of that in his State, and we

have also done a number of historical trails, such as the Underground Railroad legislation.

The importance of what you can bring to this kind of a concept

is a framework within which State governments, local governments, private nonprofit organizations and private-sector interests

can operate within that overall framework. A designation as a

habitat conservation corridor is an exciting concept because what

that can do is provide the framework, the structure, within which

the rest of us can do individual projects.

It also offers us an opportunity to make some headway in dealing

with some very difficult issues. The one that comes immediately to

mind is horseshoe crabs. One of the difficulties we are having is
34

getting people’s attention that horseshoe crabs are fundamentally

important to the ecotourism. It is a business issue, as well as an

issue of migratory birds. Having a habitat conservation corridor

like that, with some designation, would give us the context within

which we can work.

It will also improve the relationship between Delaware, Maryland, New Jersey and Virginia. Horseshoe crabs are, again, the

classic example. Governors of the States of New Jersey, Delaware

and Maryland have been very aggressive in managing those horseshoe crabs and protecting birds, but Virginia hasn’t. As a result, in

organization, for example, we have to run from state to state to try

to make some headway, and right now we are not making as much

as we would like in Virginia.

Mr. GILCHREST. We’ll put them all in the same room for you.

Mr. BEARD. That is great. We would love it. It would be a great

opportunity for us.

Mr. GILCHREST. Thank you.

Mr. MCDOWELL. Could I comment?

First of all, we would welcome any opportunity to get involved

in some coordinated State effort to protect habitat. Our governor

just passed through the legislature the Open Space Initiative in the

State of New Jersey which, in the end, we are about 4.8 million

acres, we will protect about 2 million of that total, whether it be

a conservation easement or a direct purchase or a farmland preservation.

One of the focus areas in our State is Cape May and the Delaware Bay. Between the Wildlife Refuge System, our Wildlife Management Area System, we own most of the Bay shore of Delaware

Bay. Currently, we are protecting two joint venture areas under a

water fowl plan, both the Morris River and the Salem River, and

we have initiated what is called the Landscape Project, and its

focus is Cape May County. The Landscape Project uses the GIS

mapping system. It identifies critical wildlife habitats and the linkages and takes that down to the Planning Board level and the

landowner level of saying, ‘‘Hey, watch out. This is an important

area. How can we work around it?’’ So that there is continuity in

the habitat.

So anything we could do to continue that, advance that, participate in with other States, we would be welcome and open to doing

it.

Mr. GILCHREST. That is great.

Mr. Chairman, I do see the need, after a few newspaper articles,

to increasing habitat for the wildlife in New Jersey because you

have tigers there now, so——

[Laughter.]

Mr. GILCHREST. [continuing] you will probably have to increase

it.

Mr. SAXTON. That is a subject——

Mr. GILCHREST. Bengal tigers——

Mr. SAXTON. [continuing] of different stripes, sir.

[Laughter.]

Mr. GILCHREST. I would like to make, just very quick—Jerry, in

Kennedyville, there is an increase of marsh hawks. In the last few

years, we have really seen them rise, a few extra nesting bald ea-
35

gles, even a golden eagle came through at one point—I haven’t seen

it for quite a while, and I guess it was migrating—and Baltimore

orioles. I got a couple of Baltimore orioles’ nests in the front yard

last summer.

Mr. SAXTON. Would you care to comment on your nutria?

Mr. GILCHREST. The nutria, well, I will say this, Mr. Chairman:

And I don’t have the exact date, but I will get it to everybody. Nutria is a nonindigenous species that is a real pest that we would

like to send back to Latin America, in some capacity, or to restaurants because they are taking away a lot of our wetlands.

And, Mr. Chairman, I will get you the specific date that we are

going to Blackwater Refuge to have a meeting on nutria, and the

meeting will end with a meal of nutria. So anybody that would like

to participate in that, we will get you the dates.

Thank you.

Mr. SAXTON. I will look forward to the meal.

[Laughter.]

Mr. SAXTON. Well, I would just like to thank all of you for taking

your time to travel here and to share your ideas relative to this

issue.

Once again, it appears that we are working with the conservation community, with other members, on a bipartisan basis, to do

something that obviously has general agreement in a very broad

way. And while there may be some differences and tweaking of language that we will do between now and the time this bill passes

the House, to the extent that you have added to this conversation,

we appreciate it very much.

We look forward to working with you on this and other issues as

we move forward. Thank you very much.

The hearing is adjourned.

[Whereupon, at 11:13 a.m., the Subcommittee was adjourned.]

[Additional material submitted for the record follows.]
36

STATEMENT OF JOHN ROGERS, DEPUTY DIRECTOR, U.S. FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR

I am pleased to be here to comment on H.R. 39, the Neotropical Migratory Bird

Conservation Act, which will aid in the international conservation and management

of neotropical migratory birds by supporting conservation programs and providing

financial resources. The Administration supports the legislation, as it provides a

mechanism for coordination and funding to promote the conservation of neotropical

migratory birds and their habitats throughout Latin America, the Caribbean and

North America. We acknowledge that other House members have introduced another bill. In addition, the Senate has their own version of this legislation which

we could also support. We will be happy to work with the Subcommittee, other

House members and the Senate to resolve the differences in the bills and to ensure

that the final legislation serves the needs of neotropical migratory birds with the

best program possible.

We would like to thank Chairman Saxton of the Subcommittee and Chairman

Young and Ranking Member Miller of the full Committee for co-sponsoring this important legislation. H.R. 39 incorporates many of the comments and suggestions the

Fish and Wildlife Service (Service) and Administration had provided to the Subcommittee last year.

H.R. 39 establishes a grants program to provide financial assistance to Federal,

State, local and Latin American/Caribbean government agencies, non-profit and

international organizations, and others to fund projects for the conservation of

neotropical migratory birds. The legislation recognizes the need for international cooperation for these conservation efforts and establishes a grant selection process to

ensure that projects focus on long term sustainability of local conservation efforts.

The bill establishes a Neotropical Migratory Bird Conservation Account in the Multinational Species Conservation Fund and limits the Federal cost-share of the

projects to 33 percent. We are pleased with the flexibility this legislation provides

and with the increase in authorization of appropriations to $8 million per year

through fiscal year 2004 to enable the Service to increase the size and scope of the

program during the next 4 years.

The Service—through four bilateral treaties—has responsibility for maintaining

healthy populations of some 778 species of migratory nongame birds and 58 species

of migratory game birds, approximately 350 species of which (the so-called

‘‘neotropical migrants’’) migrate between the Caribbean/Latin America and North

America. Migratory birds continue to face enormous and increasing challenges.

Thus, the Service has identified migratory bird conservation as one of our four highest priorities for the coming year.

Despite our best efforts to date, many populations of migratory birds continue to

decline, some quite markedly. For example, 124 species of migratory birds are currently on the Service’s List of Migratory Nongame Birds of Management Concern.

If population trends of these birds continue on their present downward course, the

next place for these species may be on the List of Endangered Species. Ninety species of North American birds currently are listed under the Endangered Species Act

(ESA). Mexico presently lists some 390 bird species as endangered, threatened, vulnerable, or rare. These current and projected future losses have far-reaching implications: economic, social, ecological, and recreational.

Birds are important to us for many reasons—whether we reside in North America,

Latin America, or the Caribbean. Birdwatching and other forms of bird-related

recreation are highly valued pastimes in North America, with a growing interest in

the Caribbean and Latin American countries. Nearly 70 million Americans spend

approximately $20 billion each year participating in bird-related recreation. Birdwatching is America’s fastest growing major form of outdoor recreation. Additionally, birds prevent billions of dollars of economic losses each year by eating cropdamaging insect pests and weed seeds in North and Latin America and the Caribbean. They are important pollinators of many commercially valuable plants.

Neotropical migratory birds are thus an important component of biological diversity

in the Western Hemisphere.

Neotropical migratory birds spend approximately five months of the year at Caribbean and Latin American wintering sites, four months at North American breeding

sites, and three months en route to these areas during spring and autumn migrations. The nature of this ‘‘shared trust’’ resource makes migratory bird management

a true international challenge. Our greatest challenge is to halt the precipitous declines of many of these species—due in major part to habitat destruction and degradation. H.R. 39 is a major step in the right direction in helping to reverse these

detrimental trends. Severely declining bird species are causing grave concerns

among natural resource managers and the public in both Caribbean and Latin
37

American countries and in North America. H.R. 39 will help the U.S. and our international partners reverse species declines, conserving bird populations before they

reach the point of requiring protection under the ESA. Equally as important, the

legislation will help keep our ‘‘common’’ birds common, minimizing the expenditure

of tax dollars and precluding the legal and public relations battles that have been

known to surround endangered species listing issues.

Furthermore, H.R. 39 does much to promote the effective conservation and management of neotropical migratory birds by supporting conservation programs and

providing financial resources. H.R. 39 would require the Secretary of the Interior

to develop and enter into agreements with other Federal agencies. The Department

of the Interior is committed to coordinating with other agencies, including the Department of State and the U.S. Agency for International Development (USAID), in

efforts to conserve neotropical migratory birds. USAID manages large ongoing programs in conserving neotropical migratory birds as well as habitats in general.

We support this legislation because it will provide conservation benefits to all of

our migratory birds, from shorebirds to raptors, marine birds and grassland birds.

This visionary Act will help to unite all of the Americas in a coordinated effort to

protect a vital component of our shared biological diversity. In conclusion, Mr.

Chairman, we look forward to working with the House and Senate committees of

jurisdiction throughout the legislative process to ensure that we develop a strong

program for the conservation of birds throughout the Western Hemisphere. Again,

thank you for the opportunity to provide our views on this important legislation.

STATEMENT OF ROBERT MCDOWELL, DIRECTOR, NEW JERSEY DIVISION OF FISH,

GAME AND WILDLIFE FOR THE INTERNATIONAL ASSOCIATION OF FISH AND WILDLIFE

AGENCIES

Thank you, Mr. Chairman. I am Robert McDowell, Director of the New Jersey Division of Fish, Game and Wildlife, representing the International Association of Fish

and Wildlife Agencies, and I appreciate the opportunity to share with you the Association’s perspectives on H.R. 39, the Neotropical Migratory Bird Conservation Act.

The Association supports H.R. 39 as a good start to address the needs of this important group of migratory birds at the southern terminus of their migratory route, but

will also point out the unfulfilled conservation needs for these species in the United

States and for domestic programs to address those needs.

The International Association of Fish and Wildlife Agencies, founded in 1902, is

a quasi-governmental organization of public agencies charged with the protection

and management of North America’s fish and wildlife resources. The Association’s

governmental members include the fish and wildlife agencies of the states, provinces, and Federal governments of the U.S., Canada, and Mexico. All 50 states are

members. The Association has been a key organization in promoting sound resource

management and strengthening Federal, state, and private cooperation in protecting

and managing fish and wildlife and their habitats in the public interest.

As you are aware, Mr. Chairman, the Association has long played an active role

in migratory bird conservation, from the negotiation and ratification of the Migratory Bird Treaty in 1916 and passage of the MBTA in 1918, to the North American

Wetlands Conservation Act. The Association has also given the highest priority to

securing the necessary funding to enable our State fish and wildlife agencies to address the conservation needs of the so-called nongame wildlife species (such as

Neotropical migratory birds) and their habitats before they reach a point where the

application of the Endangered Species Act is necessary. I know that you are familiar

with our ‘‘Teaming with Wildlife’’ proposal, Mr. Chairman, to accomplish those objectives. We hope to be able to fulfill those objectives with the passage of the Conservation and Reinvestment Act from Chairman Young and Congressman Dingell in

this Congress. The Association and our member State fish and wildlife agencies are

also very active in Partners-in-Flight, the Western Hemisphere Shorebird Reserve

Program, the North American Waterfowl Management Plan, and other international

endeavors to conserve migratory birds throughout their range. The Association

therefore supports H.R. 39 as another measure to facilitate the conservation of migratory birds, particularly in Latin America and the Caribbean.

Most of our member State fish and wildlife agencies participating in the North

American Waterfowl Management Plan are currently sending matching funds to

both Canada and Mexico to facilitate the conservation objectives of this plan. Our

agencies in the border States of California, Arizona, New Mexico and Texas are already engaged in conservation efforts in Mexico and other Latin American countries

to restore indigenous fauna. We anticipate that our State fish and wildlife agencies

would likewise participate in the matching fund protocol that H.R. 39 would estab-
38

lish for neotropical migratory bird species conservation in Latin America and the

Caribbean.

The Association recognizes that effective conservation of the 800+ species of birds

that occur in the United States during some part of their life cycle requires the cooperative efforts of conservationists at international, national, regional, state and

local geographic levels. The efforts of these conservationists should be guided by a

logical framework of planning (population and habitat surveys, inventory, monitoring actions and development of conservation strategies and measurable conservation objectives), implementation (on-the-ground habitat conservation actions, education, training and research) and evaluation (assessment of effectiveness of implementation actions and progress toward conservation objectives). This process of

planning, implementation, and evaluation, coordinated at multiple geographic scales

(from local to international), provides an adaptive approach to delivery of migratory

bird conservation that identifies priorities, measures progress, and constantly refines the efficacy of conservation efforts. This approach, however, cannot be fully realized without a firm foundation of technical and administrative capability,

strengthened and integrated partnership cooperation, and a clear recognition that

migratory bird conservation must be managed within a continental and international context. The Association has recently created an ad hoc Committee on Migratory Bird Funding to make progress on the effort to improve our abilities to effectively conserve migratory birds within a continental and international context.

Let me now relate to you a few examples demonstrating that in order to successfully secure the conservation of these neotropical migrants, we need to address their

life needs and habitat requirements both in the United States which encompasses

their breeding range, in stopover habitats these species use during migration, and

in the southern terminus of their migration, which is their winter range.

The Cerulean Warbler is a neotropical migratory bird that breeds across the eastern United States and winters in northern South America, mostly to the east of the

Andes mountains. The North American Breeding Bird Survey indicates that this

species has declined significantly between 3.5 and 4 percent each year for the past

30 years on the breeding grounds in the United States, primarily as a result of loss

and fragmentation of bottomland hardwood forest. During the non-breeding season,

the species is known to frequent coffee farms in Latin America where it forages in

the mid-story and canopy vegetation provided as shade for the growing coffee plants.

However, much of that acreage is being converted to sun tolerant varieties of coffee.

Sun tolerant coffee plantations do not provide the kind of habitat needed by overwintering Cerulean Warblers. The effects of widespread loss of habitat on the wintering ground are likely to only compound the threats to survival faced by this species. Protection of both existing breeding and over-wintering habitat is critical, and

restoration of extensively forested landscapes and river bottoms is encouraged.

On the west coast of the continent, the Alaska shorebird working group is developing a statewide comprehensive monitoring program. Since nearly the entire world

population of Western Sandpipers breeds in Alaska, monitoring of population numbers and productivity of this abundant species must occur in Alaska. Funding is

critically needed for state participation in monitoring of breeding populations. Much

of the habitat in significant migration staging areas such as the Copper River Delta,

Kachemak Bay, and Stikine River flats is state owned tidal flats. Funding is needed

for management and conservation of these significant habitats.

Western Sandpipers winter along the Pacific coast from California to Peru, and

also to a lesser extent on the Atlantic and Gulf coasts of the U.S. During migration,

they have spectacular congregations at staging sites. Major stopover sites during

spring migration include San Francisco Bay, Grays Harbor, the Fraser River delta

in British Columbia, and the Copper River Delta in Alaska. At the Copper River,

it is estimated that as much as 90 percent of the world population of the species

collects to feed before moving on to the breeding grounds—almost 2 million individuals were counted on one day, and 6.5 million were estimated during migration in

one spring. Conservation risks now are mainly due to threats to habitat at staging

sites on this species migration route.

I would like to close with a few observations relative to the significance of familiar

New Jersey habitats to neotropical migratory birds. Many of the neotropical migratory bird species use the Atlantic coast as a major north-south thoroughfare. Along

this migration highway weather and the need for food often force birds to delay

their journey. The areas where they delay, or stopover areas, are the most important habitats along a migrant flight path. For many species, especially those making

long flights like the red knot, scarlet tanager and osprey, the protection of quality

stopover habitat can make the difference between a species survival and extinction.

The Delaware Bay and Cape May Peninsula are among the most important stopovers in the world. The reasons are numerous:
39

•The fall flight through Cape May not only includes over 150 species of passerines and 21 species of raptors, but also woodcock and over 30 species of migratory butterflies and dragonflies.

•The spring stopover of shorebirds through the Delaware Bay, one of the top

three in the world, includes over 15 species, some making round trip flights of

over 20,000 miles.

• Both fall and spring migrants gain weight while stopping over and this weight

can be crucial to the success of their migration. Shorebirds double their body

weight before flying non-stop to arctic breeding grounds. The primary resource

is horseshoe crab eggs and the bay is the only place in the world where crabs

occur in sufficient number to produce enough eggs for birds to gain more than

3-5 percent of their body weight/day.

•The Cape May peninsula and the Delaware Bay is one of the most used

ecotourism destinations in the country. An estimated $30 million in the fall and

an estimated $5-$10 million in the spring are spent each year by visiting birders

alone.

•The wide diversity of bird species requires a wide array of habitats, distributed

over a large part of the bayshore and peninsula. In other words, the birds require a functioning ecosystem right in the very heart of the New York-Washington megalopolis.

A major portion of the U.S. human population, nearly 15 percent, is within a

three-hour drive of this area. This adds incredible pressure in almost all areas of

potential impact: land development, disturbance, contamination, and catastrophic oil

spills. But if we are to protect this stopover habitat, we must also conserve the integrity of the ecosystem in which these habitats occur.

In consequence, the bay and peninsula have been the subject of numerous protection attempts. In the last 15 years we have seen nearly every major national program play some role in protection. The bay has been designated a RAMSAR site,

a WHRSN Hemispheric site, an EPA Estuary of National Significance, and a TNC

Last Great Place, to name a few. It has been ranked near the top of several land

acquisition programs including the Land and Water Conservation Fund program, a

North American Waterfowl Management Plan Joint Venture, as well as the New

Jersey state Green Acres Program. The areas include four National Wildlife Refuges

including the recent Cape May National Wildlife Refuge, three different wild and

scenic rivers (two sections of the river and one tributary), many state Wildlife Management Areas on both sides, and a large number of parcels held by private conservation organizations.

Yet despite this extraordinary protection, there are clear signs of major needs for

these wildlife species that remain unsatisfied. The fall migration is threatened because nearly 40 percent of all migratory bird habitat has been lost between 1972

and 1992, the period of greatest protection activity.

These problems can only be corrected with a significant increase in conservation

efforts and programs directed at these problems. The New Jersey Division of Fish,

Game and Wildlife has piloted a number of projects using funds from private foundations and mitigation agreements that with stable and significant funding can lead

to permanent protection. These pilot projects suggest the conservation of both the

spring and fall flight of migratory birds can be accomplished with new programs

aimed at an increased involvement of citizens, municipal and local governments,

and an additional emphasis by state fish and wildlife and land management agencies.

The first job would be to create landscape level mapping of significant wildlife

habitat areas that would be made widely available, and characterized not only as

key habitat for wildlife, but as indicators of our community quality of life. These

maps can be based on satellite imagery and could be redone regularly to provide

feedback to community organizations on the real impact of the conservation of these

habitats.

This regional scale mapping can be used to facilitate the coordination of state and

Federal level activities that include consideration of migratory birds such as land

acquisition, and application of conservation and habitat management programs.

At the county and municipal level, state fish and wildlife agencies can assist land

use planners in the development of land use ordinances that reduce impact to migratory birds and recommend zoning classifications to protect areas of greatest importance. This could include, for example, changes to the minimum amounts of land

cleared for each new house or the width of setbacks for roads and property.

At the private landowner level, state fish and wildlife agencies can affect habitat

in two ways. For large private landholdings, we can develop management plans that

allow bird habitat protection while still achieving landowners’ goals. To encourage

protection, we would take advantage of existing financial incentives from other
40

agencies such as farmland conservation programs under the Federal farm bill and

other state and Federal programs. We can also refer landowners of valuable wildlife

habitat to programs of land acquisition, conservation easements, or purchase of development rights if they are interested in long-term conservation.

Backyard habitat for migratory birds can also be created or enhanced by working

with individual homeowners. We can target developments that are adjacent to important areas and have created a state program to certify backyard wildlife habitat.

We can also use additional funding to create incentives to manage backyards. State

fish and wildlife agencies can also work with developers to certify entire new developments as migratory bird sanctuaries. Working with homeowners has the additional benefit of creating habitat in areas where habitat has already been lost,

namely housing developments.

These project elements were embraced by the Northeast Partners in Flight working group as a realistic way to conserve stopover habitat throughout the mid-Atlantic region, from New Jersey to Virginia. Unfortunately, funding is currently unavailable for this forward-looking endeavor.

I share these examples with you, Mr. Chairman, to highlight the very vital needs

that these species have in both their northern and southern habitats. Towards addressing those needs, the Association certainly supports H.R. 39 as a good first step

in the right direction. We also look forward to working closely with you to successful

passage of the Conservation and Reinvestment Act, which will position the state fish

and wildlife agencies to fulfill our conservation obligations to these species in the

United States.

Thank you for the opportunity to share the Association’s perspectives with you,

and I would be pleased to address any questions.

STATEMENT OF KEN REININGER, CURATOR OF BIRDS, NORTH CAROLINA ZOOLOGICAL

PARK, ASHEBORO, NORTH CAROLINA

Mr. Chairman and Members of the Subcommittee:

Thank you for the opportunity to testify in support of H.R. 39, the Neoptropical

Migratory Bird Conservation Act. My name is Ken Reininger. I am the Curator of

Birds for the North Carolina Zoological Park in Asheboro, North Carolina, an accredited member of the American Zoo and Aquarium Association (AZA) since 1974.

The AZA represents 183 accredited zoos, aquariums, oceanariums, and wild animal

parks in North America, as well as most of their professional employees.

I have a total of twenty-four years of experience as an aviculturist and avian collection manager in a public zoological park setting, including six years as the bird

curator at the North Carolina Zoo. I have participated in a number of bird recovery

programs, including the Hawaiian Nene Goose, wattled crane, and Bali mynah, and

have worked on field programs from North Carolina to South Africa. I also serve

on a number of AZA scientific and advisory committees.

Renowned as the first American zoo designed and built from its inception around

the natural habitat philosophy, animals at the North Carolina Zoo wander through

large indoor and outdoor habitat that stimulate their wild environments. The mission of the North Carolina Zoo is to encourage understanding of and commitment

to the conservation of the world’s wildlife and wild places through the recognition

of the interdependence of people and nature. We believe the sustainable use of natural resources is a vital concern for humans as well as wildlife. We are proud of

our efforts to give our visitors information they can use to make wise choices about

the use and management of natural resources.

Included in the zoo’s collection is the R.J. Reynolds Forest Aviary, a miniature

tropical forest with 100 rainbow-colored exotic birds. Opened in 1982, it was selected

by USA TODAY as one of the 10 best exhibits in American zoos. It was also the

zoo’s first indoor exhibit. The zoo is very proud of its tradition of excellence in the

conservation of threatened and endangered bird species.

Mr. Chairman, I would like to take this opportunity to thank you, Congressman

Miller, and Chairman Young for reintroducing H.R. 39, and for conducting this

hearing so early in the session. I also thank the Chairman for making some of the

recommended changes offered by the Administration in 1998.

As you are well aware, one of the greatest threats to many species is habitat loss

and degradation. One of the more successful practices to reduce these pressures has

been to encourage habitat conservation in the form of public-private partnerships

(e.g. the African and Asian Elephant and Rhino and Tiger Conservation Acts). I believe H.R. 39 will continue this relatively new formula of success, and at the same

time, complement existing conservation programs and initiatives, such as Partners

in Flight and the North American Waterfowl Management Plan.
41

Although migratory birds are protected by the Migratory Bird Treaty Act (the

United States is a party to four bilateral treaties, one each with Great Britain (on

behalf of Canada), Mexico, Russia, and Japan), a number of migratory songbird species continue to face increasing challenges throughout North America. These species

face challenges from forest fragmentation, the loss of habitat on wintering areas and

the loss of habitat at key migration stopover sites. I know from personal experience

the importance of these key areas such as the Outer Banks of North Carolina to

birds making the long migratory journey.

Moreover, over 90 North American bird species are listed as endangered or threatened under the Endangered Species Act while another 124 species are currently listed on the list of Migratory Nongame Birds of Management Concern. Should many

of these birds maintain their historic migratory routes, their next stop will most

likely be to the list of endangered and threatened species. Their important wintering

and feeding grounds are simply under attack. While Mexico lists some 390 bird species as vulnerable or endangered, much more is needed. There needs to be a commitment from many at both ends of the migratory route, from the wintering grounds

in the more tropical regions to the cooler northern breeding habitats and all the critical habitat in between to conserve these species. Preserving habitat for neotropical

migratory birds is truly a team effort. We cannot allow continued fragmentation of

habitat to continue.

I know and understand the importance of community involvement and the value

of partnerships and education outreach for a wildlife conservation program to be

successful. Whether it is balancing the needs of the bald eagles with logging interests, land developers and power companies as done in the Yadkin PeeDee Lakes region of Central North Carolina, or involving South African trout farmers in wetlands and wattled crane preservation, I have learned the value of insuring that all

stakeholders are brought into the problem solving process.

I believe H.R. 39 is a step in the right direction. The legislation and its subsequent Fund create a cooperative atmosphere and the foundation for a win-win situation for neotropical migratory birds and their important migratory habitat, our

international partners in conservation, and the millions of Americans who spend an

increasingly amount of time bird watching and on bird-related activities. H.R. 39

continues the innovative cost-sharing formulas from earlier conservation measures

utilizing both Federal and non-Federal support. Most of all, by establishing the

Neotropical Migratory Bird Conservation Fund, the United States elevates the importance of protecting critical migratory bird habitat in Latin America, the Caribbean and throughout the Americas. Moreover, from a biologic perspective, H.R. 39

will help to ensure that the ecosystems, which neotropical birds and humans depend

on, are managed in a more sustainable way.

In conclusion, H.R. 39 represents the best in conservation legislation—a targeted

strategy to protect critical habitat and biodiversity, a proven formula to foster public

private partnerships through a competitive grant process, and a program that complements existing national and international programs.

As John Rogers, Deputy Director for FWS stated last year in his testimony before

the Senate Committee on Environment and Public Works, ‘‘The nature of this

‘shared trust’ resource makes migratory bird management a true international challenge.’’

Thank you for the opportunity to appear before you today. Mr. Chairman, I will

be happy to answer any questions from the Committee.

STATEMENT OF DANIEL P. BEARD, SENIOR VICE-PRESIDENT FOR PUBLIC POLICY,

NATIONAL AUDUBON SOCIETY

Mr. Chairman, I appreciate the opportunity to testify to the Subcommittee on

H.R. 39, the ‘‘Neotropical Migratory Bird Conservation Act.’’

The National Audubon Society has nearly one million members and supporters

throughout the Americas who are dedicated to the preservation and protection of

birds, other wildlife and their habitat.

Mr. Chairman, I am pleased to appear before you today in strong support of H.R.

39, the ‘‘Neotropical Migratory Bird Conservation Act.’’ This legislation, plus H.R.

381 introduced by Congressman Jim Greenwood, are major steps forward in our efforts to protect and enhance bird habitat in Latin America and the Caribbean. I

want to compliment Chairman Young and Mr. Greenwood, for introducing these

bills and giving this matter the important attention it deserves.

For the reasons I will detail below, I would like to express our wholehearted support of the Neotropical Migratory Bird Conservation Act of 1999. This bill addresses
42

the important need for protecting and enhancing populations of neotropical migratory birds, using effective and relatively inexpensive means.

• Why is it important to protect neotropical migratory birds?

Birds are a beautiful and important part of our natural heritage. Perhaps more

than any other kind of wildlife, birds are highly visible and thus easy for us to

enjoy. Hundreds of species of migratory songbirds link the Western Hemisphere. In

their journeys from breeding grounds in the United States and Canada to winter

homes in Latin America and the Caribbean, the annual spectacle of migration is a

source of fascination for the millions of Americans who watch and feed birds.

Migratory birds have become fundamental components of many local economies.

According to surveys completed by the U.S. Fish and Wildlife Service, more than

63 million Americans watch and feed birds. Each year, more than 24 million Americans travel to watch birds. In 1991, birdwatchers spent $5.2 billion on goods and

services related to bird feeding and watching. These expenditures generated nearly

$600 million in tax revenue for states and the Federal Government. Non-consumptive bird use supports almost 200,000 American jobs.

But many of these remarkable creatures are disappearing due to loss and declining quality of habitat in the United States, Canada, and throughout Latin America

and the Caribbean. Forest fragmentation and the development of grasslands and

wetlands in North America mean fewer breeding areas for birds. Deforestation and

development in Latin America and the Caribbean have left migratory birds with

fewer places to stop on their long migrations and fewer places to spend the winter.

For example, Central America, which plays winter host to as many as one-third of

all migrants, lost about 2.3 million acres of forest cover per year between 1990 and

1995. The Audubon/Partners in Flight Watchlist documents the decline of many

once common neotropical migratory birds like the Cerulean Warbler and the Red

Knot.

• Why is this bill a good way to protect neotropical migratory birds?

The neotropical migratory birds Americans enjoy watching and spending money

to see spend part of each year in Latin America or the Caribbean. If we want to

protect these birds, we must protect their habitat here in the United States, as well

as in Latin America and the Caribbean. Protecting wintering habitat is a way of

protecting our investment in wildlife conservation here in the United States.

We believe this is not only a good investment, but an efficient one. By supporting

proactive conservation measures such as those that would be covered by the bill, we

can help avoid the costly process of helping endangered species recover.

This is also an efficient bill because instead of relying solely on taxpayer dollars,

the bill would encourage leveraging Federal dollars by helping to build partnerships

with the business community, non-governmental organizations and foreign nations.

The flexible matching fund requirements of this bill will give the Department of the

Interior greater flexibility to choose appropriate projects.

As a leading bird conservation organization, the National Audubon Society looks

forward to facilitating the partnership process by identifying need areas, sources of

private funding, and local groups potentially able to manage and conserve habitat.

I would offer the following suggestions for the Committee, should the decision be

made to move the bill:

• We would urge the Committee to substitute the purposes language contained

in H.R. 4517 (105th Congress) for the language currently used in H.R. 39. The

language in H.R. 39, especially subsection (2) is overly broad and does not include language calling for ‘‘protection’’ of neotropical birds.

• If a decision is made to report H.R. 39, I would urge the Committee to consider

adding language authorizing establishment of a neotropical migratory bird advisory committee. H.R. 381 authorizes such a committee and we believe it could

be an important focal point for raising the visibility of this issue among Federal

agencies and Latin American and Caribbean governments.

•The bill should be amended to make it clear that a majority of the funds appropriated should be spent in Latin America and the Caribbean. Habitat in

these areas is in dire need of restoration and dollars spent in these areas will

in many cases have greater impact because of the lower cost of land and labor.

•Finally, as currently drafted, H.R. 39 could potentially allow the Secretary to

make available all the funds for neotropical projects to U.S. Federal agencies.

I would urge you to revise the language to ensure that the majority of the funds

are made available to foreign governments and non-governmental organizations

to promote conservation projects in Central America and the Caribbean. If a

majority of the funds are diverted to U.S. Federal agencies, our efforts to save

neotropical birds will have been curtailed.
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Mr. Chairman, we are pleased to support this legislation and look forward to

working with you and other Committee members to enact it into law. Thank you

for this opportunity to testify today. I would be happy to answer any questions you

might have.

STATEMENT OF CHRISTOPHER E. WILLIAMS, SENIOR PROGRAM OFFICER, WILDLIFE

CONSERVATION POLICY U.S. PROGRAM, WORLD WILDLIFE FUND

World Wildlife Fund is an international organization dedicated to the conservation of wildlife and wildlands worldwide. On behalf of WWF’s 1.2 million members

in the U.S., I am here to express support for H.R. 39, the Neotropical Migratory

Bird Conservation Act of 1999 (NMBCA).

The term ‘‘neotropical migratory bird’’ conjures images of exotic species perched

amid the vines of a distant jungle. In fact, some of the most beloved birds of America’s forests, grasslands, and backyards, such as the Baltimore oriole, indigo bunting, scarlet tanager, and bobolink, are neotropical migrants. Bird enthusiasts

across the eastern U.S. know that February brings the woodcock and the redwing

blackbird back from their winter habitat in Florida. In March, the phoebes and tree

swallows return from Mexico. April brings sandpipers, plovers and a spectacular

array of warblers back from the West Indies, central, and South America.

As wondrous as the spring return of the neotropical migrants is today, it is hard

to imagine what it must have been like 200 years ago. The majority of the over 300

neotropical migrant species of the U.S. find mates, breed, and fledge their young in

the remnants of the once great forests of the eastern United States. It is estimated

that before they began to fall to European settlement, the eastern forests in the U.S.

and Canada were home to over two billion migratory birds. Sadly, habitat alteration

in North America alone probably reduced that number by greater than half, and

loss of habitat in the wintering areas of Latin America and other threats have further reduced the great migrations to a trickle.

The tall-grass prairies of the Great Plains were likewise home to tremendous populations of grasslands migrants. Studies have determined that a square kilometer

of tall grass prairie and oak/hickory forests that once dominated the central U.S.

will support 100-200 individual neotropical migrant birds. However, scarcely 1 percent percent of that habitat still exists, and the cornfields that have largely replaced

it support no neotropical migrants at all.

Populations of neotropical migrants in the west have always been much smaller,

confined to canyons, montane forests, and riparian habitats. What the west lacks

in sheer numbers it more that makes up in the spectacular diversity of species within such isolated habitats. The riparian habitat along the San Pedro River in Arizona, for example, provides safe haven for over 250 species of migratory birds. Unfortunately, the canyon and montane habitats on which the birds depend are those

most attractive to development. Riparian forests such as the San Pedro have all but

disappeared in the southwest, threatening to sever the great migration routes of the

western U.S.

Exacerbated by habitat loss and habitat fragmentation, others threats to

neotropical birds in the U.S. are taking a heavy toll. Nest raiders such as raccoons,

squirrels, blue jays, and crows, thriving in urban and suburban settings where natural enemies are few and food sources plenty, are putting heavy predation pressure

on many populations. Common housecats and their feral cousins are a devastating

threat to birds of all kinds, killing as many as three billion birds a year.

Extensive forest clearing and ready food sources in agricultural fields have caused

explosive growth in the population and range of the parasitic cowbird. Cowbirds lay

their eggs in the nests of other species, sometimes rolling the rightful owner’s eggs

out of the nest. The unwitting hosts then raise the cowbird chicks. The larger

cowbird chicks out-compete, and sometimes even kill, the nestlings of the host parent. While the extent of the impact of cowbird parasitism on bird populations is unclear, it is undoubtedly substantial. One species of neotropical migrant, the

Kirtland’s warbler, is kept from extinction today only by human intervention to protect its nesting areas from a relentless assault by cowbirds.

This catalogue of ills covers only the bird’s northern habitats. In their wintering

habitat in Latin America and the Caribbean, neotropical migrants also face the loss

and fragmentation of forest habitat. Although it is difficult to establish the link between tropical habitat loss and population declines of neotropical birds, the evidence

is strongly suggestive. A case in point is the Bachmann’s warbler, a species on the

threshold of extinction, if not lost already. Though the warbler’s southern bottomland breeding habitat in the U.S. has been drastically reduced, other migrants dependent on the same habitat still thrive in what remains. The cause of the
44

Bachmann’s warbler’s demise most likely lies in Cuba, where virtually all of the species’ wintering habitat has been destroyed.

Neotropical migrants, like other birds, also face the pervasive threat of toxic

chemicals. Pesticides banned or heavily regulated in the U.S. are still heavily applied in Latin America. In one horrific example, thousands of Swainson’s hawks

have been killed in recent years by misapplications of pesticides in Argentina. Evidence is mounting that even pesticides lawfully applied in the U.S. are having a

devastating impact on bird populations.

Given the battery of threats facing neotropical birds, the wonder is not that they

are declining, but rather the stubborn resilience with which they survive. Pervasive

threats such as these require concerted conservation action at all stages of the migratory cycle. The Neotropical Migratory Bird Conservation Act (NMBCA) would

provide opportunities for such action. World Wildlife Fund supports passage of the

Act to create an important new tool to leverage action to conserve important habitat, promote research, support law enforcement and protected area management,

and foster education and outreach throughout the range of neotropical migratory

birds.

One of the strengths of the Act is its emphasis on promoting cooperative work in

the field to conserve and restore neotropical migrant populations and habitat.

Though the proposed appropriation for the program is relatively small given the

enormity of the threat, the program can provide much needed leverage for a wide

range of public and private conservation projects, creating goodwill and a spirit of

cooperation that go beyond the immediate benefits of the individual project. For

precedent, one can look to the U.S. Fish and Wildlife Service’s highly successful

Partners for Wildlife program which promotes cooperation between Federal and

state agencies and private landowners to conserve Federal trust species. H.R. 39

proposes a similar model of cost sharing for projects aimed at neotropical migrants.

It would create a program of great versatility that would operate across the range

of the species, creating partnerships for conservation regardless of international borders.

The NBMCA could provide matching funds for projects as diverse as restoring a

sea grass bed in the Chesapeake Bay, preserving a nesting area in a private woodlot

in West Virginia, planting cottonwoods and willows to restore degraded habitat on

both sides of the Rio Grande, protecting a playa in northern Mexico vital to migrating waterfowl or a desert scrub area in Venezuela important for wintering songbirds. The Act’s expansive language regarding who may apply for funds and the

types of activities that promote conservation allows considerable creativity and innovation. Importantly, the Act provides that the Secretary coordinate activities under

the Act with existing efforts in order to ensure maximum benefit for neotropical migrants.

The evidence demonstrating the dramatic declines in at least some species of

neotropical migrants is overwhelming, but much research is needed to ascertain the

true extent of those declines and their causes. Studying neotropical migrants as

they move throughout their range, identifying important habitats, and pinpointing

causes of decline of individuals species, present daunting challenges. For example,

many migrants, while preferring one kind of habitat in the summer months—say,

deep forest—may favor a completely different terrain when wintering in South

America. Thus, it is true of many neotropical migrants that we do not even know

exactly where their wintering habitats are located. Money from the fund established

by the NMBCA could provide invaluable support to the work of scientists in Latin

America, the Caribbean, and the U.S. to gather the information necessary for successful conservation efforts.

In Latin America particularly, money from the NMBCA could provide a tremendous boost to protected area management and law enforcement actions to protect

migratory bird habitat. Mexico, for example, has an outstanding system of designated protected areas, many of which provide important habitat for neotropical

migrants. However, personnel in many of these areas lack the basic equipment and

training necessary to manage them effectively and enforce the laws and regulations

that protect them. In many cases, a relatively modest infusion of resources could

dramatically improve the situation. Even in the U.S., funds from the NMBCA program could boost protection efforts in places of unique importance, such as large,

intact habitat areas like Great Smoky Mountains National Park or key migratory

stopovers like the San Pedro River Riparian National Conservation Area.

Education and outreach are vitally important in any conservation effort. For decades, WWF has operated on the principle that we cannot be successful unless local

people are willing participants in our conservation projects. The NMBCA account

could provide funding for education efforts in schools, interpretation services in

parks and protected areas, and instruction for private landowners who want to vol-
45

untarily manage their property for neotropical migrants. It could fund outreach programs to rally support for local protected areas and establish fora for creating community-based conservation projects.

One of the most important and laudable aspects of H.R. 39 is its emphasis on conserving neotropical migrant populations and habitat at all points of their lifecycle.

This represents an expansive view of conservation similar that adopted by WWF as

the organization has shifted its emphasis from individual species to the conservation

of habitat and ecological processes that sustain them. In the United States, WWF

is concentrating its resources in five ecoregions: the Chihuahuan Desert of the U.S.

southwest and Mexico, the Bering Sea, the rivers and streams of the southeastern

U.S., the Klamath-Siskiyou forests of northern California and southern Oregon, and

south Florida including the Everglades. Each of these has been identified as an area

of globally outstanding wildlife and plant diversity and richness. WWF is working

with conservationists, landowners, corporations, Federal and state agencies, and

other stakeholders to develop strategies for conserving the whole range of flora and

fauna within them. Similarly, H.R. 39 would promote cooperative efforts to conserve

the full range of neotropical migrants throughout their range.

Towards that end, WWF recommends that H.R. 39 be amended to include Canada

specifically in the program. While the Act as written does not preclude funding for

projects in Canada, the language of the bill suggests that its scope is limited to the

U.S. and Latin America. Many neotropical migrants, such as the American golden

plover, semipalmated sandpiper, and suribird annually make the long journey from

the Arctic Circle to South America and back again. Amending the Act to provide

eligibility for cash or matching funds to neotropical migrant conservation projects

in Canada would make the NMBCA a truly hemispheric initiative, and make the

Act an even more effective instrument for honoring our international commitments

to conserve migratory birds.

We also recommend that the limit on the Federal share of each project be scaled

depending on the financial resources of the applicant, from 33 percent to a maximum of 75 percent. This would provide greater access to the program for individuals and entities with scant resources.

Finally, we recommend that the annual authorized appropriation be increased to

$12,000,000 in fiscal year 2001, and to $15,000,000 in fiscal years 2002, 2003, and

2004. This would provide greater resources for including Canada in the program,

increasing the Federal cost share, and supporting more projects as the program develops over the next five years. Partners for Wildlife was appropriated almost

$25,000,000 for fiscal year 1999. Given the ambitious goals and international reach

of the NMBCA, its funding level should at least approach those of analogous programs of more limited scope.

Thank you very much for considering WWF’s views on this important topic.

STATEMENT OF THE GERALD WINEGRAD, VICE PRESIDENT FOR POLICY, AMERICAN

BIRD CONSERVANCY

I am Gerald W. Winegrad, Vice President for Policy of the American Bird Conservancy. ABC is a national organization dedicated to the conservation of wild birds

in the Americas. Our staff of ornithologists and other specialists work on programs

critical to avian conservation including Partners in Flight, the Important Bird Areas

(IBA) program, Pesticides and Birds Campaign, CATS INDOORS!, and our collaborative partnership through a 78 member organization Policy Council. The Policy

Council includes conservation groups from across the U.S. such as National Audubon Society, World Wildlife Fund, Environmental Defense Fund, International Association of Fish and Wildlife Agencies, Cornell Laboratory of Ornithology, American

Ornithologists Union, and the Peregrine Fund. ABC also administers a small grants

program to foster bird conservation in Latin America and the Caribbean. We thank

you for the opportunity to testify and submit these comments in support of H.R. 39,

the Neotropical Migratory Bird Conservation Act. This legislation authorizes $8 million annually for matching grants (33 percent Federal share) to be made through

the Secretary of the Interior for the conservation of neotropical migratory birds. At

least 50 percent of the funds would be used for projects outside the U.S.

This legislation is important in its Congressional recognition of the serious decline

in many populations of migratory birds and through its efforts to help finance conservation projects both in the U.S. and in Latin America and the Caribbean, where

most U.S. birds spend their winters. American Bird Conservancy has been pleased

to have worked with Senator Spencer Abraham’s office on the original introduction

of last session’s S. 1970 and this session’s Senate counterpart to H.R. 39, S. 148.

We are hopeful that the introduction and passage of such legislation, with biparti-
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san support, will begin an era of Congressional recognition of the need for a comprehensive approach to resolve the serious threats to migratory bird populations in

this country and in nations to our South. These threats include: habitat loss; habitat

fragmentation; pesticides and other contaminants; introduced exotic species; human

constructed barriers to migration such as communication towers; free-roaming domestic cats; and insufficient funding and incentives to better manage existing habitat.

We support the passage of H.R. 39 and would ask that the full $8 million funding

be appropriated in the FY 2000 budget to implement the migratory bird grants program as soon as possible, as is envisioned in the legislation. There are critical needs

for this funding both in the U.S. and in Latin America and the Caribbean. We would

request that the bill be amended to provide for an advisory panel to help guide the

Secretary of Interior in decisions for funding under the Act. Such a provision exists

in S. 148. Further, the legislation should specify the U.S. Fish and Wildlife Service

as the administering agency under Interior as is done in the Senate bill. The Fish

and Wildlife Service has significant experience in migratory bird conservation

through its Office of International Affairs and its Migratory Bird Management Office. We also suggest that the match from the U.S. funds be increased to at least

50 percent of a project’s cost for U.S. projects from the bill’s 33 percent. We would

suggest that the U.S. match be at least 50 percent for projects in Latin America

and the Caribbean, with discretion in the Secretary to increase that to 75 percent

dependent on the priority of a project. This would facilitate the involvement of

NGO’s and other agencies, particularly in Latin America and the Caribbean.

This legislation is before the Congress at an opportune time in bird conservation.

Partners in Flight bird conservation plans are being completed this year for all

areas of the U.S. These plans, developed by a unique partnership of Federal and

State agencies, private corporations and landholders and conservationists, detail the

needs for avian species in 52 distinct geophysical units. Priority species are described and the plans specify on-the-ground management measures necessary to enhance populations of migratory birds. In addition, the United States National

Shorebird Conservation Plan and the North American Colonial Waterbird Conservation Plan are under development. Most importantly, this large scale planning process is being combined into a North American Bird Conservation Initiative with the

full participation of Canada and Mexico. Excellent meetings have been help recently

in Puebla, Mexico on the North American Initiative and other nations are joining

in these efforts. Passage of the Neotropical Migratory Bird Conservation Act and the

appropriation of the full $8 million will indicate to U.S. planners and to the international community that the U.S. is serious about acting to conserve avian species.

Today, there are approximately 9,040 species of birds on Earth with about 852

found in the U.S. Of these U.S. birds, 90 are listed as endangered or threatened

under the Endangered Species Act. Another 124 additional species are listed by the

U.S. Fish and Wildlife Service as being of management concern, meaning that they

may become candidates for listing under the ESA without additional conservation

action or that special attention is warranted to prevent declines. Listed as species

of concern are the Common Loon, American Bittern, Reddish Egret, Red shouldered

Hawk, Snowy Plover, Black Tern, Short-eared Owl, Red-headed Woodpecker, Bell’s

Vireo, and Golden-winged Warbler. Largely due to loss of habitat, habitat fragmentation, introduced species including domestic cats, and contaminants, many bird

species are experiencing serious declines. From 1966 to 1993, the Breeding Bird

Survey has detected: a 90 percent decline in Black Skimmers; a 40 percent decline

in Wood Thrushes; a 90 percent decline in Black chinned Sparrows; and a 50 percent decline in Cerulean Warblers and Loggerhead Shrikes. Already listed under the

ESA are such avian species as the California Condor, Stellar’s Eider, Piping Plover,

Whooping Crane, Aleutian Canada Goose, and the Everglade Snail Kite. Gone forever is the Passenger Pigeon, once one of the most numerous birds in North America. Also gone forever is the once relatively plentiful Carolina Parakeet.

Of the 852 species found in the U.S., 778 are migratory nongame birds and roughly 350 are migratory songbirds species. About 250 of these songbirds are neotropical

migrants. Many of these neotropical migratory song birds are in serious decline with

documentation of an overall 50 percent decline in the volume of annual flights over

the Gulf of Mexico in the last twenty years. Songbirds found in grasslands are experiencing some of the largest and most consistent declines, including the Bobolink

and Meadowlarks. Many forest-dwelling species also are in serious decline.

With our nation growing and sprawling and consuming huge chunks of open

space, it is imperative that we assure our citizens that we will not continue to erode

our natural heritage and directly contribute to the decline in biodiversity, especially

of avian species. With over 50 percent of America’s wetlands gone, with over 95 percent of our prairie grasslands gone, and with the continued fragmentation and con-
47

version of forest land, wildlife resources, especially birds, are at risk. More localized

impacts of great significance to avian species can be found throughout our Nation.

The counties around Washington D.C. have lost over 50 percent of their forest cover

in the last 20 years. Iowa has lost 99 percent of its original marshes. And, according

to the Smithsonian Institution, ‘‘less than 1 percent of the native woodlands along

rivers in the arid southwest remains and much of that is damaged by grazing cattle

or dominated by exotic vegetation. Riparian woodlands in California’s Central Valley

have lost most of the neotropical migratory bird species that were once abundant

there.’’ Habitat loss and fragmentation continue to pose grave threats to many species of migratory birds. Hence, ABC supports continued acquisition of public lands

and their prudent management for birds and other wildlife.

Even protected lands in our National Wildlife Refuge system have been degraded

by poorly managed economic activities outside their boundaries. For example, the

Blackwater National Wildlife Refuge near Cambridge on Maryland’s Eastern Shore

has lost over 5,000 acres of essential salt marshes from rising water levels caused

in part by wetland drainage and channelization outside of the Refuge primarily for

agricultural activities. And, the Kesterton National Wildlife Refuge in California has

been contaminated by runoff from farm land to the point that feeding migratory waterfowl risk poisoning and must be chased from the Refuge.

Recent studies and surveys document the huge economic impact of birdwatchers.

Over 76 million Americans are birdwatchers, both backyard and non-residential

viewers. A recent study found that birders spend over $8.5 billion yearly in birding

activities. This does not include the hunting of migratory birds which generated an

additional $1.3 billion. This same study found that birding and the hunting of birds

in the U.S. created 191,000 jobs in 1991. Ecotourism, much of it related to birders,

is growing. At Chincoteague National Wildlife Refuge in Virginia, a study was conducted from 1993 to 1994 focusing on birding ecotourism. The study found that

95,970 birders visited Chincoteague during the year spending a total of $33.2 million, $9.7 million in the local community. At the Santa Ana National Wildlife Refuge

in south Texas, over 99,000 birders visited in one year from all 50 States to view

the 388 species of birds found there. The visitors spent $14.4 million in McAllen,

Texas and many bird festivals are promoted in this area of Texas and around the

nation by local chambers of congress. Birding is big business.

Often over looked economic benefits from birds are their major contributions to

the health and functioning of ecosystems. Scott Robinson has pointed out these benefits in his widely quoted article, The Case of the Missing Songbird. Forest birds

eating insects result in greater tree growth and a longer period between insect outbreaks, with these services worth as much as $5,000 per year for each square mile

of forest; in addition, birds are valuable as seed dispersers and pollinators of plants.

The passage, full funding and implementation of H.R. 39 could help prevent further declines in avian species. Habitat loss and fragmentation, while serious in this

country, is growing in Latin America and the Caribbean. Population growth, economic development activities, and spreading agriculture are resulting in destruction

of forests, wetlands, and critical riparian areas, all essential for birds. For example,

the Dickcissel is a common grassland neotropical migratory bird, found in the American mid-west during spring through fall. The Dickcissel population declined mysteriously by 40 percent from 1966 to 1994. Researchers launched a study and

tracked the migrating birds to the llanos of Venezuela where they spend the winter

months. This wetland area has been partially converted to intensive rice and sorghum agriculture and the Dickcissels had learned to feed upon the crops. Researchers found the cause of the decline rooted in lethal controls employed by these rice

and sorghum farmers in Venezuela. Known as the ‘‘rice bird’’ in Venezuela, the

Dickcissel is considered an agricultural pest and some farmers use pesticides to kill

hundreds of thousands of birds. Organophosphates such as parathion and azodrin

are used to intentionally kill the birds at feeding and drinking areas and by spraying roost sites that may contain three million birds (30 percent of the entire population). These lethal control methods are continuing, leaving the Dickcissel exposed

to potentially catastrophic mortality. Responding to this problem, ABC’s Policy

Council has stimulated a game plan to resolve this issue under the leadership of

Gian Basili of Florida Audubon, the key researcher on the Dickcissel. In June 1998,

ABC and the National Fish and Wildlife Foundation funded a workshop held at the

heart of the bird’s wintering ground in the llanos. Attending were representatives

from Venezuelan government agencies, local universities, conservation groups, farmers’ cooperatives and biologists from agricultural extension services. The U.S. delegation included representatives from ABC, National and Florida Audubon, National

Fish & Wildlife Foundation, and The Nature Conservancy, plus the U.S. Department of Agriculture’s top expert on bird damage to rice. The Venezuelans were positively impressed by the strong U.S. showing, which underscored the importance of
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the issue. The group formed an alliance, and crafted a statement of their mission:

to promote, develop and execute actions necessary to implement an integrated management strategy for Dickcissels in rice and sorghum fields of Venezuela. Producers

of these crops also signed a letter of intention with Venezuela Audubon. The group

determined the need to hire someone to implement on-the-ground actions that would

help farmers while also reducing the risk Dickcissels face from catastrophic mortality. There is considerable urgency to obtain funding and launch this program to

protect the Dickcissel. Funding is needed for $20,000 to employ a full time director

in the llanos but has yet to materialize. H.R. 39 and its funding could be used to

provide one-third of the cost of such a position.

ABC also was involved in the protection of another neotropical migratory bird, the

Swainson’s Hawk. Scientists were puzzled by declines in this Hawks’ numbers and

used telemetric devices placed on the Hawks to trace their migration and ascertain

their wintering locations. It was learned that the Swainson’s Hawks migrate from

the American West and Canada to winter in the pampas of Argentina. During this

study, an estimated 20,000 Swainson’s Hawks were killed by pesticides in Argentina

in 1995-1996. The land in the pampas region studied had been converted to alfalfa,

sunflowers and other crops and the Hawks fed voraciously on grasshoppers inhabiting these fields. Monocrotophos was sprayed to kill the grasshoppers and was killing the Hawks as well. This acutely toxic insecticide had been taken off the U.S.

market in 1988. ABC urged Ciba-Geigy (now Novartis) to stop the manufacture and

distribution of monocrotophos globally. Ciba-Geigy agreed to a meeting at the Washington, DC headquarters of ABC, and the Governments of Argentina, Canada, and

the U.S. sent representatives to try and resolve these mortalities. At this August

1996 meeting, a formal agreement was reached and later signed that included a

withdrawal plan for monocrotophos from the pampas and an extensive advertising

campaign involving the farmers. The International Office of the U.S. Fish and Wildlife Service helped fund the cooperative venture and training sessions were conducted in Argentina for toxicologists and field personnel. ABC’s Argentinean partner, the Associacion Ornitologica del Plata, also was involved in the effort. Subsequent to the agreement, Swainson’s Hawk mortality from pesticides was reduced to

a few dozen birds. Novartis is now withdrawing monocrotophos globally on a phased

basis and ABC has begun a Pesticides and Birds Campaign. Working with leading

toxicologists from the U.S. and Canada on a pesticides work group, ABC hopes to

reduce the mortality of birds and other wildlife from pesticides in this nation and

in Latin America and the Caribbean. A small grant to help promote safer agricultural practices could prevent incidents such as the killing of thousands of

Swainson’s Hawks.

We are pleased to support H.R. 39 and to work with the Congress in beginning

a concerted campaign to assure that the remaining bird species in the U.S. flourish

and that none go the way of the Passenger Pigeon and the Carolina Parakeet.

American Bird Conservancy offers our complete support and assistance in developing and implementing such a campaign, including the Neotropical Migratory Bird

Conservation Act. ABC is uniquely poised and already involved in many efforts to

conserve neotropical migratory birds and looks forward to the partnerships that

could be initiated under this legislation.
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