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COMMITTEE ON

INTE RIO R AND IN SU LA R AF FA IR S

AND TH E

COMMITT EE ON COMMERCE 

UN ITE D STA TES SEN ATE

NIN ETY-T HIR D CONGRESS

SECOND SESSION

ON

THE NOMINATION OF LYNN A. GREENWALT TO BE DIREC TOR 

OF THE U.S. FIS H AND WILDLIF E SERVICE

SEPTEMBER 20, 1974

Printed for the use of the 

Committee on Inte rio r and In sul ar Affairs

43-977 o

U.S. GOVERNMENT PRINTING OFFICE

WASHINGTON : 1975
COMMITTEE ON INTE RIOR AND INSU LAR AFFAIRS

HENRY M. JACKSON, Wa shington, Chairma n

A LA N B IB LE , Ne va da 

FR A N K CH URC H, Idah o 

LE E M ETCA LF, Mon tan a 

J. B EN N ET T JO HNST ON, J r., Lo uisia na 

JA M ES A BO U R EZK , So ut h Dak ot a 

FLO YD K. H A S K E L L , Co lor ad o 

G AYLO RD NEL SO N, Wisc on sin 

HOW AR D M. M ET ZE N BAUM , Ohio

P A U L J. FAN N IN , Ar izon a 

CL IF F O R D P. HAN SE N, Wyomi ng 

M ARK O. H A T FIE L D , Oregon 

JA M E S L. B U C K L E Y , New Yo rk 

JA M ES A. M cC LU RE, Ida ho 

D E W E Y F. B A R T L E T T , Oklah om a

J er ry T. Ve r k le r, Sta ff Di re ctor

Wil l ia m J. V an Ne s s , Chi ef Co un sel

Har ri so n L o e s ch , M in or ity Co un sel

R u sse l l R. B ro wn, Pr of es sion al St af f Mem ber

COMMITTEE ON COMMERCE

V A R R EN G. MAG NU SO N, W as hing to n, Chairman

JO HN O. I’ AST OR E, Rhode Island 

VA NCE H A R TK E , In dian a 

P H IL IP A. II ART, Mich iga n 

HOW AR D W. CA NN ON , Ne va da 

R U SSE LL B. LO NG , Lo ui sian a 

FR A N K E. MO SS, Ut ah 

ERN EST F. H O LL IN GS, So ut h Ca ro lin a 

DA N IE L K. IN OUYE , Haw aii 

JOHN V. TU NN EY, Ca lif or ni a 

A D LA I E. ST EVEN SO N , Il lin oi s

NORRIS CO TT ON , New Ha mp shire 

JA M ES B. PE AR SO N, Kan sa s 

R O BER T I*. G R IF FIN , Michi gan 

H OW AR D IL BAKER , Jr., Tenn ess ee 

M AR LO W W. CO OK , Ke nt uc ky 

T E D STEV EN S, Alaska 

J. GLE NN B E A L L, Jr.. Ma ryl an d

F rederic k J. L ob da n, St uf f Directo r

M ic h a e l P e r t s c h u k, Chie f Coun sel

S. L yn n S u t c l if f e, Ge neral Co un sel

Mic h a e l B row nle e, St af f Coun sel

A rth ur P an kou f, Jr .. Mino rity Co un sel anti St aff Di recto r

T h om as L. A dam s, Jr., Mino rity St af f Counsel
C O N T E N T S

Friday, September 20, 1974

Page Adams, Hank, Northwest Indian Fisheries Commission________________ 77

Greenwalt, Lynn A., nominee to be the director, U.S. Fish and Wildlife

Service ______________________________________________________ 9

Hollings, Hon. Ernest F., a U.S. Senator from the State of South C aro lina” 8

Kinley, Forrest, Northwest Indian Fisheries Commission______________ 42

McMinds, Guy R., Northwest Indian Fisheries Commission____________ 43

Metcalf, Hon. Lee, a U.S. Senator from the Sta te of Montana__________ 1

Northwest Indian Fisheries Commission____________________________ 38

Peterson, Charles, Northwest Indian Fisheries Commission__________ 77

Reed, Hon. Nathaniel P., Assistant Secretary for Fish and Wildlife and

Parks, Department of the Inter ior ________________________________ 2

ADDITIONAL MATERIAL

Biography of Lynn A. Greenwalt___________________________________ 1

“An Analysis of United States v. Washington—Ind ian Treaty Fishing 

Rights in the State of Washington” by Richard C. Ehlke, American Law

Division, Library of Congress____________________________________ 60

Boldt decision, the _______________________________________________ 44

Crouse, Carl N., director, Department of Game. Olympia, Wash., letter to 

R. Kah ler Martinson, Director, Pacific Region, Bureau of Sport Fis heries and Wild life______________________________________________ is

Magnuson, Hon. Wa rren G., a U.S. Senator from the State of Washington, letter to Secretary Morton dated September 11. 1974_____________ 5

Morton, Hon. Rogers C. B., Secretary of the Interio r, let ter to Senator

Jackson dated September 18, 1974________________________________ 3

Whitaker, Hon. John C., Acting Secretary of the Interior, let ter to Senator

Magnuson dated September 19, 1974______________________________ 6

APPE NDIXES

Appendix I.—Responses to questions subm itted by Senator Jackson to Mr. 

Greenwalt ___________________________________________________ 87

Appendix II.—Responses to questions subm itted by Senator Hansen to 

Mr. Greenwalt________________________________________________ 241

Appendix II I.—Responses to questions submitted by Senator Magnuson

to Mr. Greenwalt_______________________________________________ 249

Appendix IV.—Under authority previously granted, the following communications were ordered pr inted:

James V. Swift, business manager, the Waterwa ys Jou rnal, let ter to

Senator Eagleton dated August 2, 1974_______________________ 293

Ramona Bennett and Hank Adams, Puyallup Tribe of Indians, Medicine Creek Tre aty Nation, letter to R. Kah ler Martinson, Director.

Pacific Region, Bureau of Sport Fish eries and Wildlife dated August

21, 1974___________________________________________________ 293

Lewis Regenstein, the Fund for Animals, letter to Jerry Durkin and

Mike Brownlee, Committee on Commerce da ted September 18 ,1974__ 296

Tuesday, October 1, 1974

Executive session_________________________________________________ 299

(i n )

NOMINATION OF LYNN A. GREE NWALT TO BE DI RE CTOR OF THE U.S. FISH AND WILDLIF E SER VIC E

FR ID A Y , SE PTE M B E R 20 , 19 74

U.S. S e n a t e,

C o m m it t e e on I nte rio r and I n su la r A f f a ir s,

and C o m m it t e e on C o m m erce,

Washin gto n, D.C.

• The committee met, pursuant to notice, at 10 a.m., in room 3110, 

Dirksen Office Building, Hon. Lee Metcalf, presiding.

Present: Senators Metcalf, Abourezk, Fannin, Hansen, and 

McClure.

Also present: Jer ry T. Verkler, staff director, Russell Brown, 

professional staff member, Committee on Interio r and In sular Affairs; 

Harrison Loesch, minority counsel; and Michael Brownlee, professional staff member. Committee on Commerce.

OPENING STATEMENT OF HON. LEE METCALF, A U.S. SENATOR 

FROM THE STATE OF MONTANA

Senator M etc a lf. The committee will be in order.

This is an open public hearing before the Senate Committee on 

• Interior and Insu lar Affairs and the Senate Commerce Committee 

to consider the President’s nomination of Mr. Lynn A. Greenwalt to 

’be the Director of the U.S. Fish and Wildlife Service.

Mr. Secretary, the committees are delighted tha t you are here this 

morning to introduce Mr. Greenwalt. We have a biographical sketch 

of Mr. Greenwalt, and without objection, it will be placed in the 

record now.

[The biographical sketch of Lynn A. Greenwalt follows:]

Biography of Lynn A. Greenwalt

Lynn A. Greenwalt, 43, is a career employee of the U.S. Fish and Wildlife 

Service whose late father, Ernest J., was a wildlife refuge man ager for that 

agency for 34 years.

* Greenwalt was an ass ista nt director of the wildlife agency prior to being 

named by Secre tary Morton to head the Bureau of Sport Fisheries and Wildlife 

in September 1973. The Bureau of Sport Fish eries a nd Wildlife was redesignated 

as the U.S. Fish and Wildlife Service by Act of Congress effective Jul y 1, 1974.

Before his assignment as assista nt director in May 1973. Greenwalt had been 

Chief. Division of Wildlife Refuges responsible for the National Wildlife Refuge 

System’s 30 million acres on 350 refuges in 49 States.

From November 1970 to October 1971, Greenwalt was superviso r of the 

Bureau’s conservation law enforcement agents in the Pacific region, headquartered at Portland, Oregon.

(1)
Greenwalt began his Federal career with summer jobs on Wichita Mountains 

National Wildlife Refuge in Oklahoma from 1946 to 1952. He attended grade 

and high school at Cache, Oklahoma.

Other Federal employment included work at the Arizona Cooperative Wildlife Research Unit, Tucso n; Bear River Refuge, Brigham City, U ta h; National Elk Refuge, Jackson, Wyo ming; Salt Plains Refuge, Jet, Oklaho ma; 

Bosque del Apache Refuge, San Antonio, New Mexico; Fish Springs Refuge, 

Dugway, U ta h; Regional Division of Wildlife Refuges, Albuquerque, New 

Mexico. He became associate regional supervisor of the Division of Wildlife 

Refuges in Minneapolis before joining the Burea u’s law enforcement arm.

Greenwalt atte nded Reedley, Califo rnia, Jun ior College and received his 

B.S. degree in zoology at the University of Oklahoma in 1953, adding an M.S. 

in wildlife management from the University of Arizona in 1955.

He is married to the former Judit h A. Cunningham. Her father, Frederick 

A., was a refuge manager for 20 years before reti ring in 1963.

The Greenwalts have three boys: Mark, 16; Scott, 14; and Grant, 10. The 

family resides in Rockville, Maryland.

Senator Metcalf. I want the the record to show my pers onal 

pleasure at ha vin g Secre tary Reed and Mr. Green walt here. Fo r 

many years I hav e been a member of the Migr ato ry Bird Conse rvation Commission and , instead of me etin g in this office, we have met 

in th e S ec retary’s Office downtow n.

We have spe nt the Duck Stam p money wisely and well and dis ­

trib uted it in refuge s all over America. It has been a rewa rding experience wo rking with these two men. I am del ighted to have you up 

here in our committee room tes tifyin g. An d. of course. I am deligh ted 

at the no minat ion of Mr. G ree nw alt for th e Fish a nd W ild life Service.

Mr. Secre tary. Do you have a prep ared statem ent ?

Mr. R eed. I have, Senator.

Se nator Metcalf. Senator Hanse n, as an honorar y member of the 

Sen ate C ommerce Comm itee, do you have a state ment ?

Se nator H ansen. Since I have not been bri efe d recently, Mr. Ch airman , I th in k I ha d bette r let oth ers spe ak for themselves. I might 

add th at on beha lf of the Senate Commerce Com mittee, I can say I 

am very pleased, indeed, to have you here this mo rning. And, Mr. 

Secre tary, I am in terested in w hat you hav e to say.

Mr. Reed. Tha nk you.

Senator Metcalf. Senator Magnuson, who is ch airma n o f the Sena te 

Commerce Com mittee, would be here , bu t he is, I think, doing the 

Lor d’s work over on the ap prop ria tio n fo r HEW . Senator Jackso n, 

cha irm an of the I nt er io r C omm ittee, is also busy in a nothe r committee.

STATEMENT OF HON. NATHANIEL P. REED, ASSISTANT SECRETARY

FOR FISH AND WILDLIFE AND PARKS, DEPARTMENT OF THE

INTE RIOR

Mr. Reed. M r. Ch air ma n and members of the committees, it is my 

privile ge to ap pe ar befo re you tod ay to endorse the nominat ion of 

Lynn A. Greenw alt to be D ire cto r of the U.S . Fish a nd W ild life Se rvice. Secre tary M orton has asked me to express his apology fo r be ing un ­

able to be with you today. He has a lso asked me to read a lette r from 

him with reg ard to Ly nn Gre enw alt.

Mr. Ch airma n, the let ter is rig ht before you and with your pe rmission I would like to have it inc orpo rat ed into the record.

Senator Metcalf. It will be inserted in the reco rd at th is point.
3

[The letter from Secretary Morton follows:]

U.S. Department of the I nterior,

Office of the Secretary, 

Washington, D.C., September 18,191}.

Hon. Henry M. J ackson,

Chairman, Committee on Interior and Insular Affairs,

U.S. Senate, Washington, D.C.

Dear Mr. Chairman : I deeply regret not being able to join your Committee 

V on the occasion of confirmation hearings for Lynn A. Greenwalt, who has been

nominated by the Presiden t to serve as Director of the United States Fish and 

Wildlife Service.

It is rar e th at I can commend to your favorable consideration a nominee with 

outstanding professional qualifications and a fine record of experience in the

• job for which he has been nominated. Lynn Green walt is a career employee 

who began his association with the Fish and Wildlife Service in 1946. Following 

his accession to a series of increasingly responsible positions, it was my 

pleasure to a ppoint Lynn as Director of the Bureau of Sport Fisheries and Wildlife in 1973.

As you are no doubt aware, Public Law 93-271 requires th at Mr. Green walt 

be re-appointed and confirmed, as Dire ctor of the re-named United States Fish 

and Wildlife Service. I have every confidence that, when confirmed, Lynn Greenwalt will continue to serve with distinctio n as chief stew ard of the Nation’s 

invaluable fish and wildlife resource.

Sincerely yours,

Rogers C. B. Morton, 

Secretary of the Interior.

Mr. Reed. With regard to Public Law 93-271. approved April 22, 

1974, it formally redesignated the Bureau of Sport Fisheries and 

Wildlife as the U.S. Fish and Wildlife Service effective July 1, 1974, 

and provided that its Director be appointed by the President, by and 

with the advice and consent of the Senate. It furthermore specified 

tha t the Director be, bv reason of scientific education and experience, 

knowledgeable in the principles of fisheries and wildlife management.

Lynn Greenwalt is well qualified both by education and long experience for the position for which he has been nominated by the 

President.

Last fall, Spencer Smith stepped down as the Bureau Director. 

That action, as you may recall, resulted from health problems which

• required a move to a different climate. Incidentally, I am happy to re ­

port tha t Spencer is doing very well in his new location in Denver. 

During his brief tenure as Director, Spencer did an extraordinary 

job of revitalizing the Bureau—moving ahead with innovative and

• productive management reforms, reordering priorities and rethinking program objectives. As a result of his leadership, the Bureau’s 

competency, credibility and effectiveness grew immensely.

The greatest pleasure of my S1/? years in Washington has been 

working with Spencer and his staff which included Lynn Greenwalt. 

Without doubt. Spencer was an outstanding Director and we are all 

indebted to him for his total dedication and effective service in the 

interests of our natural living resources.

When Spencer left, we were determined to replace him with the 

best qualified person we could find. Secretary Morton and I were very 

proud that we found him in the Department and equally pleased tha t 

with Lynn's appointment we were able to continue to fill the Director’s 

position with a professional wildlife manager from within the ranks of 

the Bureau's career employees.
We have know n and worked with Ly nn fo r a num ber o f yea rs and 

we recognize in him a creative ima gin ation combined with intelligence 

and commonsense, the c apabilit y for ma kin g balanced jud gm ent s, and 

excellent lea der ship qualities th at the U.S. Fish and W ild life Service 

both needs an d deserves in its D irec tor.

He had an ou tstan din g repu tat ion amo ng his peers and espe cially 

the State conserv ation agencies. I know he is held in the highest pe rsonal and professiona l esteem by his colleagues and members of the 

national co nservation com mun ity here in Wa shington .

He is absolutely com mitted to the best int ere st of our living n atural 

resources and I know th at with your consent he will lead the Service 

so th at our stewa rdship of these resou rces will be carried out with 

vigor and wisely.

Secre tary Morton and I have charg ed the Service to become the 

Government’s biological arm for wildl ife resources and the preserv ation of essential ha bit at. In that reg ard the Service is em barking on 

a ma jor new phase of pro vid ing biological services to support na tural 

resource development decisions. In the face of mo unting dem ands to 

exp loit energy sources, such as oil shale, off-shore oil reserves, and nu ­

clea r pla nts , this is of critical importanc e. It inclu des the deter mi na ­

tion of key env ironm ent al ind ica tors, assessment of alt erna tiv e 

meth ods of ta pp in g energy and wa ter resources, and mo nit ori ng of 

env ironm ental impac ts on a natio nal scale.

The U.S . Fish and W ild life Serv ice will co ntin ue to discha rge lo ngsta nd ing responsibilitie s to perpe tua te the use and enjoym ent bv the 

people o f th e sportfish and wildlife resources of th e Nation, inc lud ing , 

for exam ple. Fe deral conserv ation law enforcement, the man age ment 

of migratory birds, and the man agement of the National W ild life 

Refuge System. These are respon sibilities th at are fundam ental to 

the Federal role in fish and wildlife conserv atio n and rep res ent the 

con tinuat ion of efforts very much in the nat ional in tere st.

In this reg ard, we recognize the factor of utilizatio n of the marine 

fishery resou rce rep resented by the mission of the National Marine 

Fisher ies Serv ice of the Nation al Oceanic and Atm ospheric Ad mi nis ­

tra tio n of th e D epart ment o f Commerce.

Incid ental ly, Se nator Magnuso n, in his cap aci ty as chair ma n of 

the S enate Comm erce Committee, wro te to the S ecretary recently with 

reg ard to the areas of jur isd iction al overlaps in fish a nd wildlife p ro ­

gra ms between the F ish and W ild life Serv ice and th e National Marine 

Fis heries Service. The response indicates th at we have reconciled ma ny 

of the problem s occasioned bv the establishment of the National Ma ­

rine Fis heries Serv ice in the De partm ent of Commerce. It seems un ­

likely th at we could ever be in total agreem ent, pa rti cu larly in those 

areas t ha t invo lve co mmercial exploitation .

Senator H ansen. Mr. Sec retary , may I in terrup t ?

Senator Metcalf. Yes, sir.

Senator H ansen. I have copies of a ra th er le ngthy letter t ha t Senato r Magnuso n wrote to the Secre tary and an even longer lette r th at 

Secre tary Mo rton sent back. Ina smuch as it is the lette r to which you 

ref err ed, I will ask una nim ous con sent th at it be inserted in the record 

imm edia tely af te r your pre sen tation.

Mr. Reed. Than k vou. sir. th at w ould be fine.
5

Indeed, this lack of total agreement represents the fundamental 

dynamic in almost all controversies involving natural resources. We 

welcome this dynamic just as we welcome the continuing opportunity 

to resolve disagreements with our friends in the National Marine Fis heries Service. We may have to await a reorganization on the order of 

the proposed Department of Energy and Natural Resources before 

we could hope to achieve a greater meeting of the minds.

Lynn has often expressed his recognition of the fact that the complex business of good fish and wildlife resource management cannot 

be done properly by the Federal Government alone or by State governments alone. It is a challenge that can only be met by full and complete cooperation between the Federal and State agencies. I know 

Lynn’s commitment to this idea and we expect him to pursue it to the 

fullest.

Lynn began his Federal career with summer jobs at the Wichita 

Mountains Wildlife Refuge in Oklahoma from 1946 to 1952. while 

earning his bachelor's degree in zoology from the University of Oklahoma in 1953. He later earned a master’s degree in wildlife management from the University of Arizona in 1955.

He was an assistant director of the Bureau of Sport Fisheries and 

Wildlife prior to his appointment as its director in 1973.

Before his assignment as assistant director, he has been chief. Division of Wildlife Refuges responsible for the National Wildlife Refuge 

System's 30 million acres on .350 refuges in 49 States.

From November 1970 to October 1971 he was supervisor of the Bureau's conservation law enforcement agents in the Pacific region, headquartered at Portland, Oreg.

His other Federal employment included work at the Arizona Cooperative Wildlife Research Unit, Tucson. Ar iz.; Bear River Refuge, 

Brigham City, Uta h; National Elk Refuge, Jackson, Wyo .; Salt 

Plains Refuge. J et, Olda.; Bosque del Apache Refuge, San Antonio, 

N. Mex.; Fish Springs Refuge, Dugway, Utah; and the Regional 

Division of Wildlife Refuges, Albuquerque, N. Mex. Tie l>ecame associate regional supervisor of the Division of Wildlife Refuges in 

Minneapolis, Minn., before joining the Bureau’s law enforcement arm.

We are confident that Mr. Greenwalt will do an outstanding job as 

Director of the U.S. Fish and Wildlife Service and we are pleased 

that he has been nominated for this important role in the Department.

Thank you, Mr. Chairman.

Senator Metcalf. Thank you, Mr. Secretary.

[The September 11. 1974 letter to Secretary Morton from Senator 

Magnuson and the September 19, 1974 letter from Acting Secretary 

of the Interior John P. W hitaker to Senator Magnuson in reply, read 

as follows:]

September 11. 1974.

Hon. Rogers C. B. Morton,

Secretary of the Interior,

Department of the Interior,

Washington, I).C.

Dear Mr. Secretary : Reorganization Plan #4 of 1970, which created the 

Natio nal Oceanic and Atmospheric Administration, among oth er things, tra ns ­

ferred cer tain functions formerly under your jurisdic tion to the Secretary of 

Commerce. The major thr ust was to vest in the Secretary of Commerce responsibility for the conservation, preserva tion and protection of living marine
6

re so urce s, as well as cer ta in in te rn ati onal m ar in e fis herie s. Ho we ver, it w as also 

recogn ize d by th e dra ft sm en , as well as th e Co ng res s, th a t th e Pla n had to be 

dra ft ed in ge ne ra l te rm s du e to th e dif fic ulty of specifically ad dr es sing a nu mbe r 

of pr og ra m s in which th e D ep ar tm en ts of Co mm erc e an d th e In te ri o r ea ch ha d 

som e re sp on sibi lit y, al th oug h va ry in g in de gree. It w as ex pe cted th a t su bs eq ue nt 

to th e effecti ve date of Reo rg an izatio n P la n # 4 , bo th D ep ar tm en ts wo uld ex ec ute 

an d im plem en t ap pro pri ate M em oran da of U nde rs ta nd in g se ttin g fo rt h th e m an ­

ner in wh ich th e D ep ar tm en ts would carr y ou t th es e resp on sibi lit ie s efficiently 

an d ex pe ditio us ly.

To th is end, yo u an d th e Se cr et ar y of Comm erce, Mr. St an s, cr ea te d a F is her ie s Re vie w B oa rd wh ich me t se ve ra l tim es. How ev er, I und er st an d th a t th is 

Boa rd was no t su cc es sful in ca rr yi ng ou t it s m an dat e to re ac h ag re em en t on 

de lin ea tio n of appro pri at e du ties an d as sign m en ts. Co nseq ue ntly, th er e are man y 

are as of vi ta l im po rtan ce to ou r nat io n's fis he rie s reso ur ce s in wh ich th e tw o 

D ep ar tm en ts are no t co or di na ting an d co op er at in g as clo sely as is ne ce ss ar y 

an d ex pecte d. The ne eds of th e reso urce s are su fferin g as a re su lt.

I am no t in a po sitio n to plac e bla me or fa ult , no r do I par ti cula rl y w an t to 

do so. Ho we ver, I do w an t to ex pres s my de ep co nc ern th at th is si tu ati on ha s 

been pe rm itte d to ex ist an d co ntinue to th e ex te nt it ha s. It see ms ap pro pri at e, 

th er ef or e, th at th is m att er be ad dr es se d in co nj un ct io n w ith th e fo rthc om in g 

hea ri ng on th e co nfirm ation of Mr. Ly nn G re en w al t as D irec to r of th e U.S . Fi sh 

an d W ild lif e Servi ce. Thi s le tt er is to ale rt you to our de sire to receive a fu ll 

an d official st at em en t from you an d fro m Mr. G re en wal t, in writ in g, as to yo ur 

pl an s fo r co or di na tion re ga rd in g such m at te rs , a s : ac ti vit ie s unde r th e F is h an d 

W ild lif e Coo rd ination Act, re sp on sibi lit ies unde r th e La cey Act, an d re ev al uatio n of th e op er at io na l an d m an ag er ia l as pe ct s of th e Fed er al ly s up po rted po rtio n 

of th e Co lum bia R iv er fish cu lt ura l eff ort. Ple as e be ce rt ai n th a t th is sta te ­

men t is pr es en ted to my office we ll in ad va nc e of th e co nfirm ation hea ri ng on 

Se ptem be r 20.

I am aw ar e th a t Mr. G re en wal t, wh ile D ir ec to r of BSF&W. an d Mr. Schonin g, 

as D irec to r of NM FS , sig ne d seve ral M em or an da of U nde rs ta nd in g re la ti ng to 

jo in t adm in is trat io n of th e Ana drom ou s Fis h Con se rv ation Ac t of 1965 an d 

cer ta in as pe ct s of adm in is trat io n of th e End an ge re d Species Act of 1973. This 

is an ex ce lle nt sta rt , but we need mo re th an ju s t a sta rt . F urt her, such co op eration an d co or di na tion ev iden tly mus t be stro ngl y en do rsed as th e Sec re ta ri al 

lev el to re al ly mak e it wo rk.

I t is cle ar th a t Reo rg an iz at io n Pla n # 4 re du ce d som e of th e fis he rie s resp on ­

sibi lit ies of th e D ep ar tm en t of th e In te ri o r an d in cr ea se d thos e of th e D epart ­

m en t of Comm erce. Pas sa ge of th e M ar in e Mam mal Pro te ct io n Act of 1972 an d 

th e End an ge re d Sp ecies Act of 1973 fu rt h e r mo dified th e resp on sibi lities of th e 

tw o D ep ar tm en ts. The se al l comb ine d to form th e la w of th e land . Th ey m us t be 

mo re eff iciently ca rr ie d ou t an d I am confident th a t you ar e as an xi ou s as th e 

co mmittee to see th a t th is is done pr om pt ly an d ex pe ditio us ly.

We in te nd to mak e th es e view s know n to th e Sec re ta ry of Comm erc e as well 

as to ha st en th e fu ll im pl em en tation of th is vital in trag ov er nr ue nt al par tn er sh ip . 

Sincerely ,

W arren G. Magn uso n, Ch air ma n.

U.S. Depar tm ent of th e I nter ior,

Off ice of th e Secretary. 

W as hi ng to n, D.C., Se pt em be r 19, 1914.

Ho n. Warren G. Magnuson,

Ch air nta n, Com mitt ee on Comm erc e,

U.S. Se na te, W as hi ng to n, D .C.

Dear Mr. Cha irman : I ap pr ec ia te th is op po rtun ity to prov ide you w ith det ai ls 

on co op eration an d co or di na tion betw een th e N at io na l M ar in e Fis her ie s Se rvice 

in th e D ep ar tm en t of Co mm erc e an d th e U.S. Fis h an d W ild lif e Service in the 

D ep ar tm en t of th e In te ri or.

As you are aw ar e, R eo rg an iz at io n Pla n No. 4 tr an sf err ed to th e Sec re ta ry 

of Comm erce alm os t all fu nc tion s fo rm er ly ve ste d by la w in th e B ur ea u of Commercial Fis he ries or in th e Sec re ta ry of th e In te ri o r an d ad m in is te re d th ro ug h 

th a t Bur ea u. C er ta in en um er at ed fu nc tion s were no t tr ansf err ed in th is re org an iza tio n includ ing G re at Lak es fish ery rese ar ch , Misso ur i R iv er R es er vo ir re se ar ch
7

and Trans-Alaska pipeline investigations. These activities remained in the Department of the Interior and are administered by the Fish and Wildlife Service, 

formerly the Bureau of Sport Fisheries and Wildlife. In addition, Reorganization 

Plan No. 4 transferred migratory marine game fish programs of the Bureau to 

the National Oceanic and Atmospheric Adm inistration (NOAA).

While this reorganization did reduce some of the fisheries responsibilities of 

the Department of the Interior by the removal of the Bureau of Commercial 

Fisheries from this agency, it did not reduce any functions of the Bureau of 

Sport Fisheries and Wildlife. Loss of the marin e sport fishery program was 

offset by addition of the Grea t Lakes fishery research program, Missouri River 

Reservoir research and Trans-Alaska pipeline investigations.

Reorganization Plan No. 4 did not address many activities which had been 

carried out cooperatively by the B ureau of Commercial Fish eries a nd the Bureau 

of Sport Fish eries and Wildlife. As a result there are are as of overlap with 

regard to activities and species involved. There are also are as where one agency 

has more expertise tha n the other agency, regardless of the commercial or recreational value of th e species involved. Formal and informal cooperative agreements 

have been negotiated in these areas. For instance, the recently enacted Endan ­

gered Species Act of 1973 does n ot delineate agency responsibility for species of 

fish, wildlife and plants. Therefore, a formal agreement has been signed by both 

agencies with rega rd to management and protection of endangered and threatened species under the act. An agreem ent is presently being negotiated with the 

Department of Commerce to incre ase efficiency in enforcement and other related 

management aspects for the marine mammals under each agency’s jurisdiction 

as delineated in the Marine Mammal Protection Act of 1972. An informal cooperative agreem ent is prese ntly in effect. In addition, a formal Memorandum 

of Understa nding is presently being developed with the Departm ent of Commerce to delin eate areas of intere st and procedures to be followed when new 

regulations are promulgated to control the importation of injurious fish and 

wildlife under auth ority of the Lacey Act.

The relationship between the Bureau of Sport Fisheries and Wildlife and the 

National Marine Fisheries Service was of prim ary concern to Lynn Greenwalt 

when he was named to head the Bureau of Sport Fisheries and Wildlife in 

September 1973. To reaffirm the need for the two agencies to work in close cooperation and assist each other in carrying out responsibilities for protection, 

conservation, development and management of fish and wildlife resources, a 

Declaratio n of Policy was jointly negotiated and signed on March 5, 1974, by 

the Director of the National Marine Fish eries Service and the Director of the 

Bureau of Sport Fisheries and Wildlife. A copy of the agreement is enclosed.

The formal agreement on management responsibilities under the Endangered 

Species Act of 1973 was signed on August 28, 1974, by the two Directors. It indicates the two agencies’ commitm ent to fulfilling the mandate in the Declaratio n 

of Policy. The previously mentioned agreement being negotiated on marine mammals and injurious wildlife is fu rth er evidence of this commitment.

In your letter of September 11, 1974, specific mention is made of a Fisheries 

Review Board created to reach agreement on delineation of duties and responsibilities under Reorganization Plan No. 4. The implication th at the Board was 

unsuccessful is not tota lly accurate. While there has been no formal meeting 

of the Board in recent years, there have been numerous other meetings serving 

the same or sim ilar purposes. In 1971 and 1972, when the Board w’as most active, 

it was mainly concerned with interim (tem porary) resolution of mutual problems pending establishm ent of a Departm ent of Natura l Resources. Activities of 

mutual concern were delineated and conflicts or problems, if not resolved, were 

at leas t aired.

We are firmly committed to cooperation with all Federal agencies in accomplishing w hatever may be necessary to protect and perpetuate the Nation’s living 

natural resources. Activities of the Fish eries Review Board have been supplanted 

by various working groups, task force groups, Ad Hoc committees and meetings of 

represen tatives from all levels of the two agencies as well as other Federal, 

State and local agencies and intere st groups. As previously noted, form al and 

informal agreements have been reached in many are as of mutual concern and 

are being negotiated in other such areas.

With rega rd to the specific are as you mention in your lett er, we have alread y 

described two—endangered species and marine mammals. As fa r as activities 

under the Fish and Wildlife Coordination Act are concerned, th at act delegates
8

to the Secretary of the Inte rior certain responsibilities for planning water developments carried out by the Federal Government or under a Federal permit. 

Reorganization Plan No. 4 is silent on which agency should carry out Coordination Act responsibilities. As we view it, Fish and W ildlife Service responsibilities 

under the law are undiminished by Reorganization Plan No. 4. We recognize the 

inte rest th at the National Marine Fish eries Service (NMFS) has in marine 

resources. We are most willing to coordinate our activ ities so t ha t the concerns 

of NMFS are recognized and do so on a routine basis. While no formal procedures 

have been adopted, close communication and coordination is maintain ed at the 

appropriate levels in both agencies. The method of coordination varies depending 

on such things as the type of development project proposed, the geographic location of the proposed project, and ava ilab ility of manpower and funds. For example, proposed development projects on the Columbia River are reviewed by both 

agencies, and both agencies usually prepare independent reports on such projects 

to the Federal construction or authorizing agency. While th is type of arra ngement •

may not appear to be the most efficient, we have not found it to be an untenable 

method of operation. We and the Departm ent of Commerce have supported legislation (presently pending before Congress) to amend the Coordination Act.

Among other things, this legislation would clearly provide for participation by 

both agencies in review of proposed water resource development projects.

The Lacey Act provides general regu latory and enforcem ent author ity over 

importation, shipping and marking of fish and wildlife. We are not aware of 

any specific delegation of authority under the Lacey Act to the Departm ent of 

Commerce as a result of Reorganization Plan No. 4. We certainly would not 

oppose use of the enforcement autho rity of the Lacey Act, if appropriate, by 

any agency seeking to carry out its responsibilities. Many organizations, such 

as Customs and Coast Guard, assist us by enforcing our regulations under the 

Lacey Act as well as other statutes. We have coordinated and cooperated with 

the Department of Commerce in the enforcem ent of regulations issued under the 

Lacey Act or any other laws. We will continue to do so.

Many Federal and State agencies are involved in fish cultural activ ities on 

the Columbia River. However, the Fish and Wildlife Service is the only Federal 

agency tha t operates hatcheries on the river. Six of these hatcheries are supported 

with fund s transf err ed from NOAA to the Fish and Wildlife Service under contract. Similar arrangements exist with the Corps of Engineers for other hatcheries on the Columbia River, and we supervise the operation of such hatcheries 

which are fede rally financed. The only current re-evaluation of the fishery program on the Columbia River we are awa re of is one which will be initiate d this 

year by the State game and fish departm ents with fund s from the Northwest 

Regional Commission.

We hope this information will be useful.

Sincerely yours,

J ohn C. Whitaker, »

Acting Secretary of the Interior.

Senator.Metcalf. I would like to insert in the record a statement 

from Senator Hollings.

Statement of Hon. Ernest F. Hollings, a U.S. Senator From the State

of South Carolina

Our committee played the major role in the establishment of NOAA and 

of the Natio nal Marine Fisheries Service, and as such takes deep inte rest in 

the functions it was assigned and its success in carry ing them out. This Committee does not approve of Federal agencies disagreeing among themselves 

over what they consider to be the ir jurisdiction, and I believe that Reorganization Plan No. 4 and the legislation passed by Congress since that Plan make 

clear t ha t there should be not only a division of au thority , but clear understanding of that division and tha t the Department of the Interior and the Depa rtment 

of Commerce work closely in the futu re.

This Committee would like to put you on notice. Mr. Greenwalt, t ha t we will not 

view lightly any continuation of lack of cooperation and coordination, and we 

expect you to fulfill your promise to end it.

Senator Hansen. I have some questions, but T understand. Mr. 

Chairman, that you have some questions for the witness, too.
9

Secretary Reed, can you be here during the entire hearing?

Mr. Reed. Yes, sir.

Senator Metcalf. Mr. Greenwalt also has a statement. I think we 

would proceed in better order if we heard the statement of Mr. Greenwait and then I will yield to you.

Senator H ansen. Yes, sir.

Senator Metcalf. Mr. Greenwalt.

STATEMENT OF LYNN A. GREENWALT, NOMINEE TO BE THE 

DIRECTOR, U.S. FIS H AND WIL DLIFE SERVICE

Mr. Greenwalt. Mr. Chairman and Senator Hansen.

It is an honor to appear before you to provide you with background 

information on my qualifications to be Director of the U.S. Fish and 

Wildlife Service as well as my goals for the future administration of 

the Service.

Interest in fish and wildlife management and protection began for 

me in early childhood. As a matter of fact. I grew up on national 

wildlife refuges under the tutelage and inspiration of my refuge 

manager father, who was an employee of the Fish and W ildlife Service for 34 years. As Secretary Reed mentioned. I actually began my 

Federal career with summer jobs at Wichita Mountains Wildlife 

Refuge in Oklahoma from 1946 to 1952. During this period I earned 

a bachelor's degree in zoology from the University of Oklahoma, and 

later a master's degree in wildlife management from the University of 

Arizona.

I have worked at wildlife refuges throughout the west; supervised 

enforcement agents in the Service’s Pacific region headquartered at 

Portland, Oreg. I held the position of Chief of the Division of Wild ­

life Refuges, responsible for the National Wildlife Refuge System’s 

30 plus million acres on 350 refuges in 49 states from October 1971 to 

April 1973. I was an assistant director for wildlife prior to being 

named bv Secretary Morton to head the Bureau of Sport Fisheries 

and Wildlife in September 1973.

With enactment of Public Law 93-271 the Bureau of Sport Fish ­

eries and Wildlife was redesignated the U.S. Fish and W ildlife Service, effective July 1. 1974. As has been pointed out the act provided 

that a Director of the Service be appointed by the President, by and 

with the advice and consent of the Senate, and it is in this capacity 

tha t I appear before you today.

If confirmed in this position, I hope to vigorously carry forward 

a new image for the Service. Much progress has already been made to 

implement Secretary Morton’s charge that the Service become the 

Government’s biological arm for fish and wildlife resources and the 

management and preservation of essential habitat. Much more has yet 

to be accomplished.

The essential role of the Service, and I might add. State conservation agencies, is to serve as both advocate and steward of all living 

natural resources. W ith or without adequate, timely biological data, 

decisions must be made on development and use of our physical natural resources. Permanent and irreparable damage can and has ensued when such decisions are made without the benefit of such
10

biologica l data. Th is is not to say th at these resources should not be 

developed to meet social and economic needs. Unque stio nab ly, they 

should be and mu st be developed. The question is—how do we u nd ertak e th at development in a ma nner which minimizes the impac t on 

the en vironme nt ?

Secre tary Mo rton believes the ans wer lies in exa mination of our 

tot al biological systems and develop men t of scientific exp ertise and 

da ta in such a way th at will improve decisionma king . >

As Direc tor of the Service. T inten d to imp lem ent new pro gra ms 

which will avoid decisions which res ult in short term benefits at the 

expense of irr etr iev ab le losses to rene wable resources. Various ecosystem -related pro gra ms are being established in the Service to analyze . ,

assess, and eva luate env iron mental impacts on a National scale. The 

specific appro ach to accomplish this goal involves a six- step proc ess:

(1) Id en tify in g ecosystems subject to rapi d degra datio n from 

gradua l encroac hme nt, such as dredge and fill or stre am channel ization, or from massive developm ent, such as surfac e coal minin g or oil 

shale recovery.

(2) De ter mini ng key ecosystem inter relatio ns hips and key envir onmen tal ind icators.

(3) Es tablish ing biological inf orma tio n base lines for initial impact assessment.

(4) Monito rin g feedback of de velo pment impacts.

(5) Ad vis ing on development tech nology and pow erp lant sit ing 

modifications, and fin ally

(6) Ex pe di tin g effective e nviron mental assessments, e nvironmental 

impac t reviews and E IS prep arati on by the Service’s opera tional 

components.

It is the ou tput of th is effort th at I am deeply concerned with and 

challen ged by. I inten d to see tha t this biological effort results in da ta 

which can be used to amelio rate the dam age to wildlife a nd its rela ted 

resou rces caused by developm ent.

This effort is ju st beg inn ing , and I intend to carry it forw ard as 

vigorously as I can wi thin the constra int s of manpo wer and funds.

We will be recruitin g hig hly qualified people to ca rry out the re- *

sponsibilities of this new pro gra m. We will be working closely with 

other Federal agencies. State , and local con servation agencies, and 

pub lic and private organiz ations to develop and make ava ilab le accurate, tim ely biological da ta so th at reso urce develop ment agencies *

will have the biolo gical data necessary on which to base th eir 

decisions.

To some ext ent , this new’ pro gra m is an expansion of the tr aditional Serv ice activities . It is my firm conviction we must broaden 

ou r app roa ch to enco mpass a concern for the e nvironmental problem s 

on an ecosystem basis and as a positive, conti nuing pa rt of the plan ­

ning and decisionmaking process.

In addition , the Service must continu e to operate its tra ditio na l 

and more familiar pro gra ms for which the re is a continuing Federal 

responsibility. I hope to initiate or accelerate opera tions and ha bitat 

man age ment on one of the Na tio n’s m ost val uab le resources, the Na ­

tional W ild life Refug e System.

We also must continu e to meet our responsibilities for con serv ation 

and man agemen t o f marine mam mals u nd er th e Marine M ammal Pro-
11

tection Act of 1972. The new congre ssional ma ndate fo r cons ervatio n of 

end ang ere d and threa ten ed species of fish, wildlife, an d plan ts un de r 

the recently enacted En da ng ered Species Act of 1973 must be fully 

imp lem ented in the com ing yea r. Bo th of these acts provide d for a 

Fe de ral-S tate ap pro ach to manag ement. Coord ina tion and c ooperatio n 

to more effectively mesh the F ed era l and St ate agencies’ ca pabilitie s to 

the ex ten t possible in a ll fish and w ildlife p rogram a reas will c ontinue, 

and ho pefully accelerate.

Ev alua tio n and review of our pro gra ms on a conti nu ing basis will 

contr ibu te t ow ard up grad ing o ur adm inist ratio n of all these pro gra ms. 

In addit ion , we m ust do ev erythin g we can to harmonize or br idg e the 

gro wing schism between the ex trem es of the wildlife p rotec tio nis t and 

the consumers of wildlife.

Le t me conclude by expre ssing ap pre cia tio n fo r t he s up po rt you and 

members of th ese committees have given the Serv ice and the Dep ar tment. It h as been a real personal ple asure and h onor to work wi th you 

as Dire cto r of the B ureau of Sp ort Fis herie s a nd W ild life. As D ire ctor 

of the re constitu ted U.S. Fish a nd W ild lif e Serv ice, you hav e my firm 

com mitmen t th at I and all the people who are t he Service will do our 

best to resp ond to yo ur e xam ina tions and g uidance with dis patch , thoroughness. and candor.

Th an k you, gentlem en. I will be gla d to answer any questions you 

might have.

Se na tor Metcalf. Yes, sir. Tha nk you v ery much, Mr. G ree nw alt, fo r 

a very sple ndid and f or th rig ht state me nt.

Se na tor H ansex. F irst, Mr. Ch air ma n, let me join wi th you in expre ssing m y pers onal ple asure in havin g1

 before us t his mo rni ng a s th e 

nominee o f th e Presi dent to become the Di rec tor o f th e Fi sh and W ildlife S ervic e, my fr ien d, and a cqu ain tan ce over a num ber of years, L yn n 

Green walt.

As he pointed out in his statem ent he has wor ked in Jac kson. Wyo. 

ma nagin g the refuge there. I have know n him since the n and certa inl y 

I reflect the sentiment of man y people when I say th at he has man y 

friends in Jack son Hole.

I do have some questions th at are pro mp ted because of a gro wing 

concern over what may be the dir ection and the role of the Fish and 

W ild life Serv ice in c oming to gr ip s in a more m ean ing ful fashio n with 

the problem s of p reda tory co ntrol. I th in k it migh t be he lpful, because 

these questions do deal with sub stan ces th at you migh t find are —or 

th at you might appre cia te the o pp or tuni ty to resp ond in writin g to. I 

th ink what I would like to do, Mr. Ch air ma n, would be to subm it a 

lette r to you. tryi ng to outlin e the conc erns th at have been rel ate d to 

my office from the State De partm en of Ag ric ulture in Wyomi ng and 

from people in the sheep business.

I might a dd. too, Mr. Gree nwalt. some cattlemen are findin g now’ that 

coyotes can kill calves. Th ere are those who have known th at fo r some 

time. I can say right in Jack son Hol e, h av ing the National Elk B efu ge 

on one side and fore st lan ds on anoth er, and the pa rk on yet anoth er, 

some of m y ne ighbors have experienced some calf losses. These g en erally are the s orts of questions I would like to direct in the lette r to you 

try in g, as I will att em pt to do, to outlin e the concerns and to seek 

your response as to the direction th at you th in k we m igh t.

Mr. G reexw’alt. We will be ha pp y to re spond.
12

Sena tor Hansen. I th in k I can do th at in a lit tle bette r fashion, 

Mr. Chairm an, by d ire cti ng a lette r.

Senator Metcalf. If we can get a more imm ediate response from 

the witness------

Se nator H ansen. I thou gh t it would afford him an op po rtu nity to 

check wi th his people. Obvio usly, despite M r. Gr eenw alt ’s wid e exp erience, he would find it helpf ul to ref er some of these questions to the 

various experts, both in W ash ing ton an d in th e field to m ake the sort of 

response I know he would inte nd to make.

Senator Metcalf. I wan t to say for your benefit and for the benefit 

of our two very good friends th at are ap pe aring here, th at it will be 

impossible for this committee to meet and determ ine the con firm ation 

th is m orn ing because one, we do n’t even have a quorum o f the In te rior 

Co mmittee; a nd two , I am no t sure about the p roc edu re with the Com ­

merce Committee. A few years ago I was on the space comm ittee. 

Th e first ad hoc space comm ittee. We had a conference on the House 

an d the Senate bill and Senator Johnson of Nevada disposed of one 

of the questions by say ing . “W ell, we can’t determ ine that. The 

Speaker and the Majo rit y Lea der, Speaker Ra yb urn and Lyndon 

Johnson, will determine it on the Texas l evel.”

| Lau ghter .]

Senator Metcalf. And so I think , tod ay, with Se nator Jack son and 

Se nator Magnuson, chairme n of the ap prop riate committees, we are 

going to de term ine it on the State of W ash ing ton level.

Senator Abourezk.

Se nator Abourezk. T ha nk you.

I would like to welcome you to the com mittee this morning, Mr. 

Green walt. I wa nt to, as I have before with the Fis h and W ild life 

Service, urg e upon you a continu ed expanded researc h in what is 

kno wn as “no nletha l pred ator contr ol” because we have a serious 

problem of coyotes ea tin g livestock, sheep , and calves. Wh ile we 

wa nt to preserve species such as the coyote, we want to preserve the 

Am erican lamb as well and th at can be done prov idi ng t he Fish and 

W ild lif e Serv ice does its job of resear chi ng and dev eloping non leth al 

pr ed ator control and rep ellant typ es of substan ces th at would assist 

livestock growers and env ironm entalists in ach ieving both of th eir 

goals.

Mr. Greenwalt. Let me say, Senat or, th at I agree with you completely . As I am sure you know, the Fish and W ild life Service has 

alread y emb arked on majo r research of this kind. We believe this is 

a pract ica l way to appro ach thi s very difficult prob lem. I t is one of 

the dimensions we must pursue in ord er to arriv e at the rig ht kin ds 

of answers.

Se nator Abourezk. Good. I tha nk you.

I have anoth er concern and th at is with wha t is happ ening rig ht 

now on th e west c oast, in Oregon a nd Wash ing ton , in reg ard to In dian 

fish ing rights .

Now, I am sure th at you are aware of the impac t of the Boldt decision on In dian fishing rig hts . There has been an ap prop ria tio n by 

the ILS. Congress of $690,000 which was ap prop riated specifically 

fo r the purpose of pr ov iding technical and biological services to the 

Indian trill s in the Northwest to implement th at decision.

Are you a ware of that ?
13

Mr. Greenwalt. Yes, I am.

Senator Abourezk. Xow, I would like to ask you with regard to 

this issue, do you know if $690,000 is adequate to meet the management and biological assistance needs of the Indian tribes in Oregon 

and Washington ?

Mr. Greenwalt. I t’s our estimate that this sum is adequate, at least 

for the current fiscal year. We are concerned fundamentally about the 

proper management of the resource. As I am sure you know, Senator, 

the parties involved in this issue, the Northwest Indian Fisheries 

Commission, the State game commission and the State fishery commission in Washington, as well as our Fish and Wildlife Service 

regional director in that region, are to meet Monday to begin to assess 

what must be done in order to carry out the mandate.

Senator Abourezk. I am sorry, I didn’t hear you. Carry on what?

Mr. Greenwalt. The mandate of the Boldt decision.

Our intention is to work cooperatively to identify what must be 

done to carry out the mandate of the court, and subsequently how 

this will be accomplished, and utilize the funds in that fashion.

Senator Abourezk. Who makes the decisions on how the $690,000 

will be programed or how it will be used ?

Mr. Greenwalt. I will.

Senator Abourezk. I)o you have the sole decision ?

Mr. Greenwalt. Yes, sir.

Senator Abourezk. Now, I am given to understand tha t the W ashington State Fisheries and Game Departments have made requests for 

funds from your agency to carry on their fish programs. In addition 

to those amounts the Federal agencies identified as being needed by 

the Indian tribes in your Northwest fisheries program survey, is it 

true that your Department plans to divert funds which have been 

appropriated for the Indian portion appropriated by this Congress to 

satisfy the money demands from the State of Washington?

Mr. Greenwalt. I might say this, first of all : there are two funds 

involved. One is an addition to the Anadromous Fish Conservation Act 

program under which funds are available to the State on a matching 

basis to carry out the programs they feel are necessary.

Senator Abourezk. That’s separate?

Mr. Greenwalt. That’s separate and apart from the $690,000.

In terms of the utilization of the $690,000. it is the Service's intention to use these funds in a mix to derive the basic information 

necessary for the Fish and Wildlife Service to make the interpretation 

required by the Court to assist the India ns and. more importantly, to 

properly manage and conserve the resource.

Senator Abourezk. Now, you say “use in a mix.” What do you 

mean ?

Mr. Greenwalt. In some instances we feel that it may be desirable to 

get basic information through contracts to universities, perhaps even to 

the State, itself, in order to get certain types of basic information.

Senator Abourezk. Now. will the Indians have anything to say at 

all about how their funds are to be used now that they have appropriated them ?

Mr. Greenwalt. Yes. The purpose of the meetings commencing 

Monday are to do just that: to work out an approach that is acceptable to all parties, including the Indians.

43-977 0 - 75 - 2
14

Mr. Reed. Mr. Chairman, could I interject in here ?

Senator Abourezk was at the White House meeting on Wednesday 

when Director Greenwalt was away in Hawaii at the meeting of the 

International Association of Game, Fish and Conservation Commissioners. I realize th at there are other people in this room who were at 

the White House meeting. It was a very large meeting with representatives of the Indian tribes in the Pacific Northwest and representatives from a variety of Federal agencies including the State v

Department, Interior, and BIA.

In Senate Report No. 93-1069 on the fiscal year 1975 appropriation, 

with regard funding the $690,000, I quote, “—the funding provides 

for the collection of fishery information necessary to implement a «

recent Court order determining certain India n fishing rights in western Washington.” Practically identical language was included in the 

report of the conferees, House Report No. 93-1293.

The key is: if the Fish and Wildlife Service is able to contract 

with the State or with a University to gain needed biological information at a cost th at would be iess than obtaining it by adding Federal 

employees, I think it is to our advantage to do so.

The question tha t I asked of the Indian representatives at the 

Wednesday White House meeting was because I recognized their mistrus t of interpretation of data by the State of Washington, and I 

wanted to know’ specifically whether they mistrusted the basic biological data provided to us by competent biologists. I am hesitant 

to say that I got a straight answer on that. The purpose of the meeting on Monday in the Northwest is to arrive at, with the individuals 

who will all be given an opportunity to speak, how tha t money should 

best be spent to accomplish the intent of Congress.

I think to say that the Federal Government will spend all of the 

money on adding manpower to arrive at new information on biology, 

ties our hands unnecessarily at this time.

Senator Abourezk. Isn’t the Court decision still pending? Hasn’t 

the judge kept the trial open ?

Mr. Reed. Yes, sir.

Senator Abourezk. Essentially, then, what you are doing is using 

money appropriated to the Indians to provide money to their 

adversary ?

Mr. Reed. No, sir, the money was appropriated to the Fish and 

Wildlife Service to provide for the collection of fisheries information necessary to implement a recent Court order determining certain 

fishing rights in western Washington. Our duty is to provide the 

Indians and the Court with the basic biological information necessary to fulfill the obligations as Judge Boldt sees them.

Senator Abourezk. Well, now, Mr. Greenwalt said that he intends 

to give the Indians their voice, whatever their voice might be, in 

deciding how the money is to be used. Will the Indians have a power 

of veto over contracts tha t the Fish and Wildlife Service might see 

fit to award ?

Mr. Reed. No. sir. I would not anticipate the Indians having veto 

power. On the other hand, I can t imagine our issuing contracts without the input advice, and recommendations of the Indians. The Secretary has asked to be personally advised as to the outcome of the 

meeting in ashington on Monday. I hope the Indian tribes will go
15

to th at meeting with an open mind, and n ot w ith the pos itio n th at any 

money con tracted to any oth er source besides the Fe de ral Government would be money misspent. I s till feel that way.

Se nator Abourezk. Bu t you say th at you can’t imagi ne an ything 

being done wit hout the In dian s ha vin g any input. Th ere has been 

an awful lot done, if I have to rem ind yo u, t hrou gh ou t the l ast several 

decades wi tho ut the In dian s ha vin g any kin d of an inpu t. So, it ’s 

possible for that to ha ppe n.

Mr. Reed. Th eir inp ut is des irable, Senat or. We wa nt th eir inpu t.

Senator Abourezk. Well, I hop e you tak e it. T hat’s th e only th in g 

I am t ry in g to stre ss here.

Mr. Reed. Obviou sly, I cannot assu re you of th at until I know what 

their inpu t is. There certa inl y was a difference of opinion between 

rep res entative s of the Indian tribe s at the meetin g on Wednes day at 

the Whit e House. I asked them at that tim e to come to a me etin g on 

Mon day, and to come to it with a clea r-cut recommendation as to how 

the y think those fund s would best be spent. Wh en we g et th at recommenda tion , we will tak e it u nder serio us c ons ideration.

Senator Abourezk. Will the In te rior De pa rtm ent have the same 

open mind as you expect of the In dian s when it comes t o dec iding on 

how the money is go ing to be spe nt?

Mr. Reed. Yes, sir.

Se nator Abourezk. Now, w hen you say th at the moneys wTere ap pr opriated to the Fish and W ild life Serv ice, they were done so on behalf 

of th e Indian s, not on b ehalf o f the F ish and W ild life Servi ce; is that 

an acc ura te statem ent?

In other words, you don’t own the money, the In di an s own the 

money, do n’t they ?

Mr. Reed. No, sir.

Se nator Abourezk. They don’t?

Mr. Reed. No. I read the ap prop ria tio ns act rep ort to say t hat the 

Fish and W ild lif e Service has been given this ad dit ion al money in 

th eir budget for the pur pose of colle ction of fisheries inf orma tio n 

necessary to implement a recent court orde r de ter mining certa in 

In dian fishing rights in w este rn 'Washin gton. I have tro ub le in te rp re ting the rep or t language in anv o ther w av tha n th at th e F ish and W ildlife Serv ice is charg ed bv the U.S . Congres s to obtain inform ation 

necessary to assist the In dian s and the State of "Washington in imple ­

menting Ju dg e Boldt’s decision.

Senator Abourezk. But di dn ’t the State of W ash ing ton come in for 

anv addition al money, s epara te money, aside from t he $690,000 ap pr opriated fo r in beh alf of the I nd ian peop le o ut there?

Mr. Reed. It did . sir.

Se nator Abourezk. So vou could very accur ately say th at $300,000 

was fo r the State of Wash ing ton . $690,000 was for the In di an tribes, 

and th at each side then has its own funds ap prop riated to it.

You see. what I am tryi ng to get at is th is : There is an ind ica tion 

from the In te rior De partm ent th at the In te rior De partm ent and the 

Fis h and W ild life Service int ends to tak e a great pa rt of t ha t money 

ao prop ria ted for the benefit of the In di an s and ha nd it ove r to the 

State of Wash ing ton . I would like to preven t th at before it happens.

Mr. Reed. Se nator Abourez k. th at was the point of the In di an s’ 

cha rges at the Whit e House on We dne sday. I have responded th at we
16

have made absolutely no commitment as to what any part of that 

$690,000 can go to. The fish and wildlife regional director in Portland 

has been advised tha t any decision will be made with overview from 

M ashington. I just don't think that that rumor or charge is accurate.

W e are in a terribly difficult situation on the management of fisheries 

in a State which has always exercised control over their fisheries.

I read the Congress’ intent as being for us not to take sides, but to 

acquire and give basic data to the court and to the tribes and to the *

State of Washington on which decisions can be made. This is a little 

bit different from taking a side. I don’t think this committee wants 

us to be the representatives of the Indian tribes. I think the charge 

from the Congress is th at we are to identify the quantity of the re- *

source, and a division of that resource will be the responsibility of 

the court, the State of Washington, and the Indian tribes.

Senator Abourezk. I would like to remind you that I don’t know 

what the entire committee wants, but I can just say that I read the law 

being; that is, the Interior Department is the trustee for the Indian 

tribes of this country. I would assume that includes the services of 

the Fish and Wildlife Service. I f you read it any differently, I would 

appreciate knowing it, exactly, why you read it differently than I do.

Mr. Reed. Senator, I do read it differently. It would be wrong for 

me to leave th is committee with the impression that I read it that 

way, because I don’t. I think the Fish and Wildlife Service is responsible to the resource. The Fish and Wildlife Service is not the trustee 

of the Indians. The Secretary certainly has tha t responsibility. The 

Fish and Wildlife Service’s responsibility is to give the correct biological information on a natural resource. How that resource is divided 

is up to original treaties, up to acts of Congress, and up to the Secretary pursuant to his trust responsibilities. The Service’s responsibility 

is to the accuracy of biological information.

Senator McClure. Would the Senator yield?

Senator Abourezk. Yes.

Senator McClure. I think the reason the Senator from South Dakota 

asked that question was that in your previous response you said “we” 

are not responsible to the Indians and I take your answer to say that 

the Fish and Wildlife Service is not and you are wearing more than 

one hat?

Mr, Reed. I am wearing more than one hat. “We” as the Secretary, 

are definitely responsible. The Fish and Wildlife Service, I think, 

sir, is charged with responsibility to the resource. I thank you for the 

clarification, Senator. I apologize if I blurred those two.

Senator Abourezk. Let me ask you this : Did the State agencies 

involved submit requests to you for money out of the $690,000?

Mr. Reed. I have not received any. sir.

Senator Abourezk. Has anybody in your Department ?

Mr. Reed. The Fish and Wildlife Service Regional Director in P ortland may have, but I cannot answer that question. They are coming on 

Monday.

Senator Abourezk. They are coming ?

Mr. Rf.ed. Yes, sir. State people will be represented at the Monday 

meeting. There likely will be a variety of requests for this and more 

money. I would like to add that prior to the President's request for 

an amendment to the appropriations act. the State of Washington did
17

request funds to meet certain requirements of Judge Boldt’s decision. 

Since enactment of the appropriations act, we have not received any 

official request from the State for any of the $690,000 appropriation.

Senator Abourezk. Can you provide this committee with the requests submitted by the States in the dollar amounts?

Mr. Reed. Yes, sir; if and when we receive any, we would be delighted.

Senator Abourezk. In addition, would you submit what actual plans 

they have submitted along with the requests as to what they want to use 

the money for?

Mr. Reed. Definitely, sir. The point of the meeting on Monday is to 

expose all these ideas. The polarization of this issue in the Pacific 

Northwest is incredible. We hope that we can all sit down and resolve 

some of the issues. Following the meeting on Wednesday at the White 

House, I am beginning to wonder whether people are going to be able 

to sit down and do that. Yet, from the resource standpoint, it is absolutely necessary that the State and the Indian tribes begin to have a 

much closer dialogue.

Senator Abourezk. Now, the meeting Monday is what? About the 

$690,000 or to try to get the two sides together ?

Mr. Reed. No. The purpose is to arrange for everybody to present 

their ideas on how the $690,000 could best be spent to obtain the information necessary to implement the Boldt decision.

Senator Abourezk. Has the BIA taken a position on the use of 

this money?

Mr. Reed. No, sir.

Senator Abourezk. Have you asked for their view?

Mr. Reed. Have I asked them? No, I don't think so. T think they 

will be represented at the meeting on Monday. They were invited.

Senator Abourezk. Do you intend to ask for their view on Monday 

as to how the money ought to be spent ?

Mr. Reed. Yes, sir.

Senator Abourezk. Now. has the Coleville Tribe made a request for 

anv part of these fu nds:

Mr. Greenwalt. The only request of which I am aware is tha t the 

Coleville Tribe asked for the assignment of an employee to their 

vicinity to assist them with fisheries matters. Quite frankly, I am not 

sure that they have ever asked for funds. Certainly, not to me, for 

the assignment of any of these dollars.

Senator Abourezk. Can you find out if anybody in your Dep artment has been asked bv the Coleville Tribe for assignment of any part 

of these funds ?

Mr. Greenwalt. Easily. The Coleville Tribe requested detail of a 

Fish and Wildlife Service employee to assist them in fisheries matters. 

That request was approved and a biologist from the Service is presently on assignment to the tribe. We have received no request for funds 

from the tribe.

Senator Abourezk. And did you grant them, by the way. the request 

for the employee to help them with their fisheries problems?

Mr. Greenwalt. We indicated that it is our intention to provide 

such an employee. He may be available now.

Senator Abourezk. Thank you very much. Thank you. Mr. Greenwalt.
[Subsequent to the he ari ng the follow ing inf orma tio n was 

rec eiv ed:]

Department of Game, 

Olympia, Wa>sh., March 26, 197-i.

Mr. R. Kahler Martinson,

Director Pacific Region, Bureau of Sport Fisheries and Wildlife, U.S. Department of the Interior, Portland, Oreg.

Dear Kahler: We have now received Judge Boldt’s final restraining order and 

interim order concerning the Indian fisheries case brought by the United States 

government against the State of Washington. I am enclosing copies for your 

information.

As we discussed at our March 8th meeting, we have prep ared a budget indicating the added expenses that will accrue to the Department of Game from a 

biological, enforcement and hatchery program for steelhead. They a re as follows :

Amount Cost of steelhead smolts_______________________________________ $200, 000

Manpower needs (includes travel expenses) :

21 wildlife agen ts (6 months equal 10.5 m an-yea rs)____________ 179,000

10 biologists (10 man-years )________________________________ 156,000

1 Indian affairs coordinator_________________________________ 22, 000

Helicopter and fixed-wing aircraft (ren ta ls)___________________ 20, 000

T o ta l--------------------------------------------------------------------------- 577,000

20 percent additional operation and adm inistration costs___________ 115, 000

T o ta l--------------------------------------------------------------------------- 692,000

These costs do not include any additional hatc hery production a t this time, but 

are designed to pay for the steelhead presently being raised in sta te hatcheries 

that may be taken commercially by Indian fishermen under Judge Boldt’s ruling. 

The additional Wildlife Agents’ time will be needed both for obtaining data on 

the Indian fisheries and for carrying out additional enforcement needs placed 

upon us by the Court during the Indian fishing season.

The biologists will be used on a year-round basis to determ ine sports take, 

spawning escapement, measure capabilities of the river to produce wild stocks, 

marking of hatc hery fish and conducting other biological research that will be 

required.

One Indian Affairs Coordinator will be needed full time to meet with the various 

Tribes and to coordinate the overall program. The aircraft will be needed for 

spawning ground surveys and creel census work during the fishing season.

The above budget includes the original $250,000 we had requested under the 

United States Supreme Court decision of November, 1973.

As we discussed in our meeting, I strongly feel that the Washington State 

Game Department must continue its role in direct managem ent of the steelhead 

resource. If it is to be properly managed, responsibility should not be split between the various Indian Tribes and the Departm ent of Game as it pertain s to 

the production and planting of steelhead.

The present biological information of this Departm ent indicates strongly that 

with artificial production of steelhead in a river there are definite limitations 

as to the number th at can be planted to produce the most significant return. Additional plants add few fish to the fishery. The key to maximum survival is, of 

course, dependent upon the size and condition of the smolts, timing of the plant 

and conditions of the water when planted.

If more than one agency is attempting to carry out a hatchery program for 

steelhead on any river system, it could easily result in a serious drop of both 

hatchery and wild fish returning to the river. I know of no competent fish biologist 

who would disagree with this concept.

We have taken eggs for our 1975 steelhead program and will be proceeding 

with hatchery production for that year. If funds are available from the federal 

government for us to mainta in this level of productivity we will continue our 

program. However, it will be necessary to have these funds available for 

expenditure by not lat er than July 1, 1974 if the full program is to be continued. 

Very truly yours,

Carl N. Crouse,

Director.
19

Senator Metcalf. Senator McClure.

Senator McClure. Thank you, Mr. Chairman.

Mr. Green wait, there are a number of matters, of course, tha t are 

of intense interest to the Nation in the management of our fish and 

wildlife and the habitat on the public lands tha t relates to the fish 

and wildlife.

At the same time, of course, there are also other conflicting demands

* from other units of Government and other interests as well.

I want to ask just a couple of questions that deal with general policy 

approaches. F irst of all. I understand from the colloquy that has just 

taken place th at it is the intention to utilize the services of the Fish

* and Wildlife Service, not to make the basic decision, but to provide the 

basic facts; is that correct ?

Mr. Greexwalt. That is correct

Senator McClure. And flowing from that, would I understand that 

would be your understanding of the charge and the mission of the 

Fish and Wildlife Service?

Mr. Greexwalt. In large part, yes, sir. But one cannot discount the 

responsibilities that are ancillary, law enforcement, the management 

of lands within the National Wildlife Refuge System, and the production of fish. These kinds of things are operational in nature but still 

part of the Fish and Wildlife Service’s responsibility.

Senator McClure. The reason I asked the question in the particular way th at I did is th at it seems to me that some of the difficulties 

we have had in the past have arisen from personnel who have sought 

to interpret the facts to achieve a result which they thought was desirable. I think you are aware of some of the problems that attended 

some of the predator control reports in which that charge was made 

and whether or not the charge was true is not the question this morning 

as fa r as I am concerned, but whether or not it is your approach that 

the facts speak more loudly than the opinions of the personnel who 

develop the facts

Mr. Greexwalt. If T might. I would like to respond to that in a 

philosophical way. This is a matter about which I feel very strongly, 

personally. In order for the Service to discharge its responsibilities 

it must deal in a commodity, the truth.

The truth, in the sense that biological truths are not absolute, but 

can be arrived at in the best possible fashion. These truths, to use your

* words, speak louder than the adverse opinions that may be held by 

people that develop the biological truths.

One of my precepts, as my acquaintances and my staff know very 

well, is that in order to function properly, the Fish and Wildlife Service must be a professional organization in terms of scientific professionalism. Tt is absolutely mandatory that objectivity be the keynote 

of the scientists’ efforts. Any scientist is entitled to his own biases and 

h’s own opinions, but the mark of the professional is that individual 

who can separate the scientific truths from what he holds to be his 

own biases.

Tt is my intention to foster and advocate in the Service the idea that 

this is the way we should perform as a group of professionals in the 

public interest.

Senator McClure. I appreciate that because I realize that many of 

the people who do work in the area of your Service are people who
20

have very str on g feeling s as well as very com petent professionalism. 

I t ’s difficult to sep ara te the two. Som etim es they don ’t seem to make 

the effort as much as we would like.

Mr. Greenwalt. Sometimes th at’s true. I, fra nk ly, wou ld be dis ­

app oin ted if people in the Service were not involved in an advocacy 

sort of way. Th is is a sense of com mitm ent which is common to F ish 

and W ild life Serv ice people. I hav e fou nd, over the years, this is a 

common th read among those who deal with resources. They tend to 

have a com mitment one way or the other.

In addit ion to th at commitm ent, T will insist that Service employees have an equ ally str ong com mitmen t to objec tivity witho ut which 

we canno t succeed.

Senator McClure. Well, I certa inl y sha re th at feeling and I commend you fo r this statem ent. I hope you are able to spr ead the word 

and enforce the edict.

Mr. Greenwalt. I can try and th at’s all I can guara nte e at this 

juncture.

Senator H axsex. W ould the S enato r yie ld a t this poi nt ?

Senator McClure. Ha pp y to.

Senator H axsex. Mr. Ch airma n, if I may, because I th in k wh at 

Mr. Green walt has said certainly is a most significant sta tem ent with 

which I agree wholehe arte dly. I would just like to observe th at in some 

of the h earings we have had in the West with respect to pr ed ator co ntro l, I recall very keenly a statem ent mad e by the Presiden t of the 

Game an d Fish Commission.

He recalle d as a young man ha ving been raised in the We st, th at’s 

Charlie Cole of whom I speak , th at in driving throug h Caspe r over 

to La nder, and th at pa rt of the State of Wy oming, whenever his 

fath er would observe any game, antelope is one animal th at he spoke 

about, he would stop the car and the y would get out to tak e a look at 

them because they were, indeed, an unu sua l object to be seen, and he 

wanted his youn gsters to be able to look at them .

Now, some many yea rs lat er, he says “An telo pe are alm ost ubiqu itous throug ho ut the St ate of Wy om ing .” He spoke about the other 

form s of wildlife th at are on the big game hu nting licenses in Wyo ­

ming. He spoke abou t t he uplan d bird p opula tions and I can a dd, p at - 

enthe tically, the same thing is t rue of red fox. I know, as a y oungste r 

raised in Wy oming, the red fox were som ething I had he ard about 

but ha rdly ever saw. Now. it is not uncommon at all in dr ivin g from 

Caspe r over Togge ly Pass, as Mr. Greenw alt knows, I susp ect th at 

once out o f every three trip s I make o ut of the re, I see a red fox ru nning across the road ahead of the car. I ha d never seen one un til. I 

think. I mu st have been m aybe 20 year s old.

Th e th ru st of Ch arl ie Cole’s testimony was th at he felt two things 

ha d occ urred—I mea n, talking with him person ally . One, the number 

of stock wa ter reservoirs th at hav e been established throug ho ut the 

State of Wyoming made it possible fo r a fa r wid er dispersal of game, 

ante lope , deer, to mentio n two species.

Antelope and deer, I suspect, specifica lly, were able to be in pa rts of 

the State th at , pr io r to the establ ishme nt of these rese rvoirs, had not 

made it so easy fo r th em.

Secondly, he felt and he came down ha rd on th is po in t; th at he 

thou gh t t he re could be no challenge in his state me nt th at the pr ed ator
21

control prog ram had, inde ed, made possible the pr olife ratio n of w ild ­

lif e which he feels now is a t an all-t ime high.

Now, he was no t try in g to make a comparison between t he buffalo in 

Wy oming in prerailro ad days and the way the y are now, there is no 

question abo ut th at par t of it ; bu t it was wi th resp ect to the oth er 

wildl ife we have in th e State , he felt th at c ert ain ly th ey, too, h ad been 

beneficiaries of pr ed ator control prog ram s.

4 Then he spoke also abo ut the u pland birds. I m entioned th at because

I like wh at you said u nders corin g your belief that th e Fi sh a nd W ild ­

life Service must be a p rofess ion al organiz ation a nd that in its inq uir y 

fo r trut h, scientific tr uth , alw ays ought to oversha dow. These are not 

his precise words, bu t I ge t th e t hr us t of your con victions to mean th at 

scientific tr uth must alw ays oversha dow and dominate any per son al 

beliefs or biases.

I am encoura ged to th in k th is is a very pro fessional appro ach and 

one w ith wh ich I subscribe whole hearted ly. I j us t would conclude, Mr. 

Ch airma n, by say ing as we look, and I think we need to tak e a be tte r 

look, at the problem of pr ed at or control than we have. I am certain 

th at some of the ne wspap er comm ent th at has o ccurred in recent year s 

has tend ed to inflam e a lot of peop le with some bias th at needs to be 

reex amined.

I saw an ad in t he N ew Y ork Times saying. “ Th is is the m ost da ng erous animal in Am erica.” It wasn’t a cou gar or a mo untain lion or a 

wolverine, it was a sheep. The th ru st was th at the sheepmen of the 

west would destroy ma ny end anger ed species of wildlife in th ei r enthu siasm o r in t he ir concern to prote ct th ei r own flocks.

I have said what I ha ve about Ch arl ie Cole because I tho ug ht he did 

quite a b it to help br ing into tr uer pe rspective wh at the fac ts are th an 

what many people believe the facts are to be.

Th an k you, my colleague, fo r yie lding and you, Mr. Ch airma n, fo r 

the op po rtu nity to make those observations .

Senator Metcalf. T just want to say we ha ve as ma ny antelope and 

as man y of these othe r species in Montan a as the y hav e down in 

Wyoming.

Se nator McClure. Mr. Ch air ma n, the re are so ma ny subjects I 

would like to cover t ha t T am sure time will not pe rm it me and I will 

not burde n the com mittee with all of them . I migh t go back on the 

question of p reda tor con trol, although T am very m uch conc erned with 

it, b ut T susp ect th at the questions th at are subm itte d by the Senator 

from Wy om ing will be at leas t as inclusive as any t ha t I m igh t ask.

Senator H ansen. May T say. if you would yield. Se na tor M cClure, 

th at I would like yo ur collab ora tion because wh at I am going to be 

doing, amo ng oth er things , is to tra ns mit to Mr. Gr eenw alt questions 

th at hav e been raised bv my sheepmen and my cattlem en and by 

the D epart me nt of Agriculture in Wy oming. Ve ry likely we could get 

tog eth er on the let ter.

Senator Metcalf. T would hope you would work wi th our staff so 

th at we would have a com plete series of questions th at would cover 

the whole diverse m atter of p reda tor co ntro l.

Se na tor McClure. T will do so. of course, and T welcome the op po rtunity. I won’t burde n the he arin g any fu rthe r with th at th is mo rning, except to observe, as T cannot fail to observe, as you were speaking 

of ante lope, th at at least one antelope th at appeare d in Tdaho has
22

been almo st com pletely destroy ed by coyotes. 11 of 13 young were 

killed within the firs t weeks o f t he ir life by coyotes. So, pr ed ator contro l does not just affect the cattlem en and t he sheepmen it also affects 

those who enjo y the wildlife resources with which you and you r 

Service are most directly involved.

The Iza ak Walton League has adopted some resolution s, one of 

which is th at th e We stern Sta tes w ate r laws should be revised to grant 

fu ture wa ter rig hts only on a fee basis so as to fully recognize social *

values of instream flows.

Is it your feeling th at the decisions with respect to the wa ter uses 

shou ld be mad e by the Federal Gov ernment or by State law?

Mr. Greenwalt. I feel th at the State courts sh ould d etermine w ate r «

rig hts within their boundaries. I should also say th at it is my conviction th at w ate r laws of this kin d sho uld be reviewed period ically, par ­

tic ularly in terms of changin g social emphasis, a nd the reco gnition o f 

values not always recognized as the wa ter laws were deve loped 

origin ally.

I feel very stron gly th at t his ought to be done by the S tat es a nd not 

by the Fe de ral Governm ent.

Senator McClure. T his w ould be consistent with your earlier statement th at you would sup ply the basic fac ts th at can be used in the 

arguments, bu t the arguments, the n, would be resolved pu rsua nt to 

State law.

Mr. Greenwalt. Precise ly, in the forum of the State courts.

Senator McClure. Those of us who were born and rea red in the 

West have a view of our public lan ds t hat isn ’t always s hared b y the 

people in the Ea ste rn Un ited States. I think, perha ps it ’s a lack of 

basic att itu des, un de rst an din g of basic attitud es on both sides th at 

lead s us to some of our impasses.

W ha t is your view in reg ard to free an d unres tricte d access to pub lic 

lan ds fo r hun tin g, fishing, and re cre ation?

Mr. Greenwalt. Public lands, whi ch are basically open to public 

fishing, hu nting , and recreation must be mad e availab le to the public.

Access must be pro vided. The utilizati on of land s in the W est has f or 

a long, lon g time been accepted pr etty much because of the na ture v

and size and loca tion o f th ese lands. Publi c lands belo ng to the public, 

and in my jud gm ent shou ld be made ava ilab le to the public for those 

uses fundame nta lly auth orized on those lands.

Se nator McClure. T want to get into about four areas of specific •

questions, one of which will deal with a k ind o f a general policy stat ement as it relates to a specific question.

We have just concluded a bi tter nation al debate about the use of 

UT)T to control tussock moths. After a most ago nizing review by all 

Federal and State agencies, as well as priva te gro ups th at were in ­

volved on both sides of th at con trov ersy, a lim ited use of P P T to 

meet th at inf estat ion was gra nte d. T know th at the Fis h and Wild life 

Service was invo lved in th at evalu ation, and T know th at sim ilarly, 

you will be called upon to give the final da ta for Feder al agencies in 

sim ila r controv ersies in the futur e.

W hat is your fee ling about the conflicting decisions th at must be 

made on the use of PU T in such an infes tat ion of tussock moths?

Mr. Greenwalt. T th ink pe rhaps the a nsw er to tha t is best c ha racterized by mv basic philosop hy as reg ard s these kinds of conflicts, gen ­

era lly, P U T bein g one examp le. As T have indicated in my statem ent.
23

I believe th at society must and will con tinu e to dem and acti ons th at 

are perha ps fund am ental ly in conflict with fish and wildl ife enhanc ement. The role of the Fish and W ild life Serv ice is and sho uld be to 

make availabl e to the decisionma kers an expression of the probab le 

biological consequences of a series of actions th at any decisio nmake r 

might take. The object being to dis pla y to the decisionma kers the 

whole ran ge o f costs in terms of environ me nta l consequences of any of 

the decisions he m igh t make.

I must say th at the pa rti cu la r concern I would have is th at the 

decisionma ker have the best inform ati on availab le. He must be able 

to com prehen d both the sho rt-ter m and the long-term consequences 

#

of a decision based on biological facts. DD T for dam bu ild ing or

stre am c hannelizat ion m ay very well be in the natio nal inter est bu t in 

so au tho riz ing , the activ ity should be un derta ken in such a way as to 

have a min imu m imp act on the na tu ra l environme nt whi ch is also of 

nat ion al intere st.

So, my own philosoph y is tha t one certainl y, in my position, should 

never tak e the sta nd th at things should not be done, but th at things 

should be done where it is necessary , rec ogn izin g the pro bable im ­

pacts o f those actions on the na tural env iron ment. Th is, qui te sim ply 

stated , is a sor t of pra gm ati c, middle-of-the -road philosophy, reco gniz ing t he real world view. The res ponsibility of the Fi sh and W ild ­

life Service is t ha t of exp ressing, in as c lea r and precise ter ms as possible. the pro bab le consequences of any of these acti ons fo r the 

decisionmaker.

Senator McClure. In your statem ent you identify the specific ap ­

proach to accomplish the goals in a six-step process. I would ta ke yo ur 

answer to mean th at you don't in any of those steps, say, “No, you 

shall not do this because of th at but you should conside r th at if you 

do this, th at will be the r esult.”

Mr. Greexwalt. T hat ’s co rrec t, sir.

Senator McClure. W ha t, in a general sense, how does th at relate 

to this scientists’ use of r eport lan guage th at says “ Th is might ” “ Th is 

cou ld” “I t possibly m igh t do” as we have seen in many so-called scien- 

•* ti fie repo rts.

Mr. Greexwalt. Well, the qualified scientific repo rt— qualified in 

the sense t ha t the re are a g rea t ma ny ifs and niavbes. qualifiers o f t ha t 

kin d, is born of u ncertainty abo ut the real facts.

a I t is the intention of the Fish and W ild lif e Serv ice to sweep away

as man y of these uncertaint ies as possible. Fo r example, by fu nd amen tal researc h, so th at the scie ntis t who make s his obse rvation s a va ilable to the decisionmaker does so as specifically as possible. Those 

qualifiers th at may have to be emp loye d because biological science is 

imprecise will then be a reflection of an honest lack of inf orma tio n.

Se nator McClure. Well, let me give an example of th e kind of th in g 

th at distu rbs me. We have, in Idaho, wha t is know n as the Id ah o 

Ba tholith whi ch is an area of gr an itic extrusion in the e ar th ’s surface 

th at is chara cte rized by very uns tab le soils. One of the are as wi thin 

th at area was the south fork of the Salm on River. At about the same 

time th at some tim ber ope ration occ urred there was also a very un ­

usual clima tic con dition th at led to a great deal of abnormal runoff.

There were those who said th at the siltatio n which occ urred in 

the stre am was A, totally a fault of the tim ber opera tion and B, th at 

the fishery resource ha d been des troyed for all tim e an d C, th at if
24

the Forest Service had $12 million to go in a nd repa ir the dam age, the

fishery resource could be rescued.

The scientific evidence th at backed th at up would indicate th at the 

worst dam age occurred in the areas where no tim ber opera tions had 

occurred. But the stream has since flushed its elf out and in spite of 

the $12 million th at was give n to the Fo rest Serv ice, the y were unable 

to spen d v ery much of it because the stream h ad corre cted itse lf b efore 

they could spend the money. w

Now, that decisionm akin g process was based upon so-called scientific 

evidence and it is t ha t kin d of “m ay” “ might” “ could” ‘possibly” that 

run s throu gh so much o f o ur biological re po rti ng process t ha t dis tur bs 

me because I th in k th at i t all stemmed from a very good mo tivation to «

preven t siltatio n in the stream.

I t was all pre dic ate d on a concern for the fishery resou rce in th at 

stre am and it was about 90 p erce nt false. Th at kin d of basic inform ation , i f it con tinues, does not aid us in ma kin g th e very difficult choices 

th at ha ve t o be made.

I assume th at is wh at you are dir ectin g yo urs elf to ?

Mr. Greexwalt. I agree, and t hat was wha t T was direc tin g myself 

to. There a re those area s of scientific knowledge t ha t are false because 

of wh at we do n’t know, and this is a pe rfe ctl y leg itim ate kind of th ing , 

th at is to say, one cannot know what one does not know. One should 

not, however, rest on th at , but should strive to find out wha t the an ­

swers a re to those questions t hat he does not hav e answ ers to ini tia lly .

Now, more im po rta ntly, the thing th at I am specifically concerned 

about, and about which I have expressed myself many time s is th at 

inaccuracies or ma nip ula tio n of da ta is unpro fessional, and are in a 

word, intolerable, as fa r as I am concerned. Not to know a th in g is one 

m atter; to know’ s ometh ing an d to distort it is qu ite anoth er ma tter.

Senator McClure. I app rec iate th at statem ent , and again I wish 

you luck in dissem ina ting th at inf orma tio n to all of yo ur people and 

the imple me ntation of th at policy.

Mr. Greexwalt. I should tell you in all can dor, because I intend to 

be candid with all of you at all times, I have the str ong conviction, I 

have no illusion s about ma kin g it work in. say, a week from Wednes- *

day. Bu t I have such a com mitment th at I intend to reite rate and repea t and reinfo rce this idea to the point where we will at leas t be 

doing our job in the context of what it is the Direc tor rea lly feels 

about these ma tters. Th ere in, of course, lies ou r gre atest op po rtu nity *

for success.

Senator McClure. Mr. Chairma n, jus t a few more, one ra th er briefly 

and one rathe r fully.

Fi rs t of all. W ild Ho rse and Bu rro s Act. Th ere are those who indicated and C ongress ha s ind icated its desire to ma intain some rem nants 

of wild h orses and burros, perha ps fer al horses is a bette r deter mi natio n of the term “w ild horse.” They have ind ica ted th at some people 

who h ave lesser un de rst an ding of the problem have ind icated th at we 

should do nothin g at a ll, e ver, to inter fere w ith the wild majesty of the 

stallio n runn ing on the r ange with his h arem of mares withou t reco gniz ing tha t th at m ust be manage d, somehow.

I have suggested th at the re is only one way th at you—or tw*o or 

three options , th at you have. One is to do no thi ng and allow them to 

overpopu late the range and spread out in des truction of other re-
25

sources, both within that range and as they spread onto other ranges 

or the second, to do what we do in other wildlife management, which 

is control that by hunting pressures which. I think, is totally unacceptable in the wild horse and burro situation.

The thir d is a periodic roundup and sale of the excess animals in a 

given management unit. But there are those who don't want that kind 

of an interference with what they call a ‘‘natu ral condition.'’ What 

would be your attitude ?

Mr. Greexwalt. I can speak to that issue in terms of the general 

function of wildlife populations. First of all, without control any 

animal population will soon effect its own control through starvation 

or the admission of disease. While this is a perfectly natural phenomenon it cannot be counted upon to happen before damages accrue 

to other elements of the resource. There is fundamentally no difference between the management of a herd of feral horses or burros and 

the management, say, of an antelope herd.

In the real world situation where man and his wild fellow’ creatures 

must coexist, the opportunity to do it on nature’s terms alone was 

abrogated a great many years ago simply because man is here and his 

works are here and he will prevail in these matters.

It follows, then, that some control, some management of these kinds 

of herds, just as for antelope or deer or wild turkeys, is imperative. 

The “how” it is done, of course, is another kind of decision, but the 

fact that animal numbers in these circumstances must be controlled 

is incontrovertible.

Senator McClure. Related to the earlier question about access to 

the public lands for hunting, fishing, and recreation, is an ancillary 

question of what is the appropriate State-Federal relationships so far 

as the use of those lands is concerned?

While there may be a debate about the basic law—the basic power 

of the Federal Government versus the State government in this field— 

I think we have reached an accommodation that has been practiced 

by the Federal managers of the Federal lands and the State managers, 

the Fish and Game people, that the habitat upon those public lands 

is the responsibility and the prerogative of the Federal Government, 

but that the resident fish and game species, the nonmigratory fish and 

game species, are the prerogative of the State for the management 

and control. Is that a view which you hold ?

Mr. Greexwalt. That’s correct, with the exceptions maintained in 

the Endangered Species Act and other areas where a national increase 

has been established or an international commitment made.

Senator McClure. I mentioned that because there is now pending 

legislation which has been passed by the House and the Senate in 

differing forms which was modified on the floor with an amendment 

of mine, have gone to conference and the House has now agreed to the 

conferees’ result, but the report has not yet been filed in the Senate. 

That is a bill which would establish a management program on public 

lands to be financed by a special hunting and fishing stamp, an issue 

which has. in my judgment, raised some very serious questions about 

that Federal-State relationship. I know that in Mav of this year you 

appeared and testified in opposition to that legislation. I had submitted some proposed language to the conferees which T would hope 

would meet the objections that you voiced and that the Federal
26

agencies voiced, and meet the objections voiced by the State managers 

of fish and game and still accomplish the objective of enhancing the 

habitat management on the public lands.

Have you had any occasion to change your position since your 

testimony of May 11?

Mr. Greexwalt. No, I have not examined carefully the proposed 

amendments or the language that would amend the bill in question. 

I personally would be opposed to legislation that imposes a Federal 

license for anything tha t is the responsibility of the State.

I might also say tha t I agree completely with the idea that the 

management, in the sense of regulatory control, and the decisions related thereto, should remain with the States and that the management of the habitat, the land-based resource, must be and should be 

the prerogative of the Federal land management agency.

Senator McClure. At the same time, and in the same hearing, appearing with you, is Mr. Wheeler, who. in response to a question by 

Senator Stevens, commented in this fashion on that pending legislation. He said,

You are moving toward the concept that Federal lands for hunting and fishing purposes are separate and apart from the lands in the rest of the State. 

The States have felt very strongly that this ought not to be the case.

The resident species, wherever they occur, are solely the prerogative of the 

State fish and game agencies with the exception of such things as the Endangered Species Act or the special program on wild horses and burros.

Do you agree with that statement that was made by Mr. Wheeler?

Mr. Greexwalt. Yes, sir.

Senator McClure. I will undoubtedly be soliciting your assistance 

in trying to get the conferees to moderate the position that they have 

taken, which I think is a serious encroachment upon the State’s 

prerogatives. It raises some very serious issues of trust and understanding between the Federal Government and the State governments, 

which ought not to be raised and can be resolved short of that, still 

recognizing that we have not done enough to manage the habitat on 

the public lands.

Mr. Greexwalt. I agree, sir.

Senator McClure. One final subject and this is a little less agreeable 

than the others so far as the Federal Government’s position is concerned. That is the lead shot issue. I t seems to me th at what has been 

done here flies in the face of everything you have said up until now. I t 

seems to me that it is not based upon scientific fact. It is a subjective 

picking and choosing of those facts which will support a decision 

which had already been entered into. It has not been a broad evaluation 

of the conflicting evidence.

Let me, if I may, just read for a moment this draft statement is just 

a draft, but from the very inception, the current involvement in the 

entire issue by the Federal Government there has been a singular a ttitude marked by arrogance and a willingness to bend science for emotionalism. If you want me to cite it chapter and verse. I am prepared to 

do that.

I will show, for example, that in earlv February of this year. Mr. 

Secretary, you were quoted in the New York press luncheon as saying. 

“The choice had been made. Hunters will either have ducks or steel 

shot.”
21

Mr. Reed. And I would hope, Senator, that you realize that the accuracy of tha t statement cannot be attested to. W ith 14 people there, 

only 1 person could quote tha t remark and I bitterly resented it at the 

time because I have letters from all others at that meeting who denied 

that I ever said it. I would be delighted to share my file with you.

Senator McClure. I would appreciate that.

Mr. Reed. I also informed the writer of the NRA who published the 

statement, tha t it was totally inventive, and furnished for the NRA the 

14 letters from the other sources that were there, none of which could 

remember any such statement from me.

Senator Metcalf. Now, just a moment.

Senator McClure, would you yield to me for a moment?

Senator McClure. Sure.

Senator Metcalf. I welcome this opportunity to have the Secretary 

clear up the record. I would be delighted if he would share his correspondence. T think that it would be unduly lengthy if we put all those 

letters in. hut I wonder if you would give us a list of people who were 

there and the people who wrote, so that we can incorporate it, if the 

Secretary doesn’t mind, we will incorporate the names of those people 

who wrote to back up the Secretary’s statement.

[The list of names referred to follows:]

Mr. Gene Hill, 1515 Broadw’ay,

Executive Editor, New York, New’ York 10036.

Sports Afield, Les Line, Editor,

250 W. 55th Street, Jim Rodd, Asst, to General Stahr,

New York, New York 10019. Audubon,

Mr. Jack Sampson, 950 Third Avenue,

Field find Stream, New York, New York 10022.

383 Madison Avenue, Nelson Bryant,

New York, New York 10017. Outdoor Editor,

Mr. Bill Vogt, New York Times,

Conservation Editor, 229 West 43rd Street,

Outdoor Life, New York, New York 10035.

380 Madison Avenue, Mr. Dave Knickerbocker,

New York, New York 10017. Newsday,

Bob Boyle, 550 Stewart Avenue,

Senior Editor, Garden City, Long Island, New’ York

Sports Illustrated, 11530.

Rockefeller Center, Neil Cunningham,

New York, New York 10020. Producer,

Mr. Barret , American Sportsman,

Outdoor Editor, 60 W. 55th Street,

True New’ York, New’ York 10022.

Senator McClure. I appreciate the opportunity to get that corrected for the record. In a press release or rather, something called 

a“Future Material Release.’’ issued in January of this year, the original announcement was made that it intended to apply a total and 

nationwide ban on the use of lead shot for waterfowl hunting for the 

1974-75 season. It was repeated and a claim made that the real issue, 

that waterfowl were being poisoned through ingestion of lead pellets 

in their diet was, in the words of the press agent, and I quote,

* * * being obscured by argu men ts over the most efficient way to kill waterfowl . . . the theoretical crippling of ducks and geese damaged by shotgun 

barrels . . . and claims th at no problems ex ist * * *

This errant press agentry, the writer sums up all the valid questions 

that sportsmen, ballistic experts, and manufacturers, and a majority of
28

St ate fish and game biologists raise over such a massive acti on as a 

nation-wide ma ndate d replace ment of lead s hot. He simp ly likens the 

leg itim ate argu me nts to, and I a gain quote,

* * * the situatio n where the house is burnin g and the firemen are debating 

the relativ e merits of incendiar y grenades over flame-throwers.

I ask you again , is th at an honest scientific ap pro ach to t he problem ? 

Th at month befo re th at release was issued the De partm ent of the 

In terior was involve d in a media cam paign to get across the idea th at 

nobody had any choice; th at steel shot was coming, like it or lump it. 

In a series of interview s in Ou tdo or Mag azine, you, Mr. Secre tary, 

made th at point clear. Field and St ream ’s shoooting edito r Bob 

Br ister, in October 1973, wrote, and I quote, “Steel sho t is no longer 

an arg um ent. I t is a fact. It is here. It is g oin g to be req uired by law, 

no matter who has been righ t or wrong in the previous con troversy 

concern ing it .”

I have dir ect quotes in this story from the Assis tan t o f t he I nter ior, 

Nat Reed, stat in g th at “Steel shot will be req uired on the Atla ntic 

Fly -Awa y next fall and the follow ing year it will be the law of 

the lan d.”

Is th at an hon est scientific appro ach or, perha ps, is he in er ro r in 

that att rib ution?

Mr. Reed. Are you ask ing me, Se na tor Mc Clure ?

Se nator McClure. Yes.

Mr. Reed. The pro posal is not for 1975, but on the At lan tic in 1976. 

There is anoth er majo r inaccuracy in the story th at I have made up 

my mind. I have not. The dr af t sta tem ent is exactly follow ing the 

princi ples of the National En vir onme nta l Policy Act which dictates 

we are to pu t a proposal forw ard showin g all altern atives .

We have done so. We have received broad-s cale com plim ents from 

across the country on the in- depth stu dy of the serious problems of 

lead ingestion and poiso ning. We have received tho usa nds of comments. Winch ester, alone—a long sum ma ry of questions was dro pped 

on my desk yeste rda y th at they want answered before a final step is 

taken. Th is may help assure all sides of this issue th at no thing pr ecipitous will tak e place. The dra ft was to educ ate hund red s of th ou ­

sands of hu nters as to the very real problem which lead poisoning is 

and has been in th is cou ntry for a numb er of y ears. I t’s n othin g new.

The Ill inois die-off in 1949 sp urred at th at time a majo r research 

effort bv Winc heste r and we have been stu dy ing it ever since then. 

The Fish and W ild life Service does have a responsibility of pu tti ng 

the fac ts forw ard . Th at is pa rtly the pur pose of the dr af t.

Se nator McClure. W ell, I could go on with oth er exam ples. I can 

ask. for instance, why p am phlets w ere printed at Governmen t expense 

and distr ibuted to hu nters by the Bu rea u say ing tha t the re was rea lly 

no choice, no arg um ent. I can ask if th at re pre sen ts an honest, scientific 

app roa ch, th at t his att itu de w hich has surf aced as the official stan d for 

be all and end all of the Bu reau ’s policy has pre vailed fo r nearly a 

year and a hal f and absolutely carries t hrou gh in the En vir onme nta l 

impac t statem ent.

The d ra ft in t ha t statem ent beg ins by a sse rting that w hat th e Bureau 

claim s to be the need for its ban by say ing “I t is believed * * *” th at
29

lead sho t causes a sufficient problem to war ra nt such a nat ion wide 

action.

How ever, it fai ls to offer sufficient scientific evidence to ju stify the 

drastic Fe deral action prop osed . It says only “I t is believed * * *.” 

The simple fac t is, the Burea u has not proved its case. Th is Im pa ct 

sta tem ent cannot sa y “It is known.'' I nstea d, the d ra ft state me nt is r ife 

with words and phrases such as “a pp ears,” “estimate,” “one in te rp re ta ­

tio n,” “i nferred,” “i f we are correct in assuming.” and so on.

Bu t, worst of all, if the Bu rea u is indeed inc orrect in assu min g, if 

their interpretatio ns a re wro ng, if the ir infe renc es are wro ng, i f wh at 

the y believe is out of line w ith fac t and science, then this proposed decision will have decided no thing , and quite possibly will hav e done 

irr ep arab le dam age to wate rfowl, hu nting, and worst o f all, to the re pu ­

tatio n o f the F ed era l agency, itself.

Mr. Reed. I t hink th ere is ano the r side to th at , however , Senator. If 

the Fish and W ild life Serv ice did not. follow ing 24 years o f scientific 

experim entation into leadsh ot poisoning, come forw ard with a pr oposal, the y would be more th an derelict in th ei r responsibility. Ce rtainly the interpretatio n of the E IS is open to anybody's jud gm ent . 

We have received hundred s of let ter s alread y. I t’s inter estin g to note 

th at a great many Sta tes h ave alr eady answered th at t hey fel t the report was compreh ensive, concise, and th at th ey support the recommendations. Th is is not g oin g to be an easy decision because of the fac t th is 

is a very com plic ated subject and we are looking forw ard to a great 

deal of work th at is going on now by Mr. Belrose and others, and 

ha vin g th e results of th at work and oth ers on the subject befo re mak ­

ing a ny final com mitm ent.

Se nator McClure. Wi thou t att em pting, at this time, t o deb ate all of 

the issues th at are invo lved in the lead sh ot con troversy, let me sim ply 

state th at it appears to me th at the Fe deral Government made up its 

mind some tim e ago what it wished to accomplish and it has marsh alled 

these facts which sup port its po sition and it has su ppressed those f acts 

which do no t. Now, I am certain th at I am not alone in this opinion. Some time 

ago I wrote all the State Fish and Gam e Com missions con cerning 

the issue and was told by 33 D ire cto rs th at th ei r State s either h ad no 

lead shot problem or, if such a problem existed , the State s were 

equ ipped to han dle it. I was told t ha t, co ntrary to the Fe de ral Gover nme nt’s one and only solu tion to what is a serious problem in some 

areas of the country, the re is a wide offerin g to alle viate lead poisoning rang ing from marsh drain age, ma rsh bottom plo wing, mov ing 

firing lines, lim iting hun tin g in specifically recognized problem areas. 

In the imp act statem ent , not one of these alter nativ es is offered.

The alt erna tiv es put forth in the impac t statem ent include a ban 

on hu nt ing which the Federal Governme nt claims wou ld “ha ve a 

beneficial social imp act on th at segm ent of the population opposed to 

hu nting.”

Is that a scientific or honest a lte rnative ?

Mr. Rf.ed. S enato r, un der the National En vironm en tal Policy Act. 

we are directed to look at every alt erna tiv e, no m at ter how screw y 

some of them seem to be. Th at is one alt erna tiv e th at has to be examin ed in any complete env ironm ent al impac t statem ent .

43-977 0 - 75 - 3
30

Senator McClure. And th at is a benefit which the Government is 

willin g to recognize as a “ben efit” ?

Mr. Reed. As an a lterna tive.

Senator McClure. Le t me end th is at this tim e by read ing some 

comments from Ray Ar ne tt, Califor nia’s Dire cto r of Fish and Game, 

comments which the Burea u will he ar repeated by most of those who 

have an op po rtu nity to review this proposed imp act stu dy and decision. I qu ot e:

The Environmental Impact Statement alleges that a full and comprehensive 

study of the problem of lead poisoning is in migratory waterfowl has been 

made. Actually, research accomplished was minimal. The litera tur e on the 

problem has not been adequately researched. As a result, to furth er the proposition that lead shot should be banned, the autho rs have taken a host of isolated 

facts and data which would be suitable for a preliminary overview of the 

subject and by a masterpiece of biased writing form ulate d a recommendation 

to ban lead shot.

These are not my words. These are the words of a man who is recognized as b eing a capable, com petent, p rofessional in the field who is 

offended by the action which has been tak en. To fu rthe r buttress ju st 

one addition al fa ct: My colleague in the Hou se, Congres sma n O rville Hansen, at one point requ ested some inf orma tio n concerning 

the results of the Ca nadia n stu dy of this problem. He was advised 

that officials in the De partm ent had advised him that the y hav e been 

unable to obtain inf orma tio n on th e Ca nadia n sub stitute sliot prog ram 

that might lead to a policy decision on oth er lead sub stitute s. Tha t 

lette r I quoted from is da ted March 12.1974.

He requ ested inf orma tio n from the Ca nadia n wil dlife service to 

verify wh eth er or not th at was, indeed, a fac t as was represented by 

our gov ernm ent. Th is is the response he got in a lette r dated March 

27,1974 and I qu ot e:

I cannot accept state ments that officials of the Bureau have made, not only 

to you, but also to other people tha t they have been unable to obtain information on the Canadian substitute shot program. They have been kept fully informed and have been well briefed on all aspects of our program.

Xow, T go into th at only in connection with this pa rticul ar he ar ­

ing because we ha ve heard Mr. Gre enw alt say, a nd T believe he mean s 

it, th at these problem s oug ht to be decided on the basis of a full exposition o f scientific fac ts and tha t the G overn ment’s obliga tion in the 

instance is to lay all of the facts on the ta ble , not a subjective selection 

of a few of the fac ts th at support th eir subjective decisions.

I would hope th at somewhere alo ng the line, instea d of going fo rward with this ban p rogram , that we might at least inform all y, if not 

forma lly, adopt the substance of the bill th at I have been tryi ng to 

get passed, which mandates a full he aring before this committee, pr ior 

to th e im position o f the ban.

Xow, I don t th in k it should require legislation to get a he aring 

because if. indeed, the scientific fac ts are all on the side of the ban, 

we have n oth ing to fea r from the hea rings.

Mr. Ref.d. We are go ing to ho ld pub lic heari ngs across the country 

on the ETS. Senator , no thi ng would give me more plea sure th an to 

bring it before this committee fo r overview.

Senator McClure. T would like to have the op po rtu nity to talk 

about some of those basic facts th at go into the overview befo re this 

statem ent is completed. As a matter of fac t, we have, rig ht now, not
31

a nationwide ban, but a selective ban which is supported by a few, 

opposed by most, in this country.

In addition to that, even in areas where there is, admittedly, no 

problem, an experimental program to determine whether or not the 

facts are good or bad or whether the hunters will accept them, or 

whether the ducks like steel shot better than lead shot, or whatever 

reason there might be. one of those is in my statement. The hunters 

don’t like it very well and, as a matter of fact, when they scream. I 

respond, and they are screaming.

I would hope that before we go ahead, as indeed we are going 

ahead, we can determine the facts instead of going ahead while we 

are try ing to determine the facts. As you have said, this problem has 

been around a long time. One more year is not going to make that 

much difference in the implementation of the program. I hope you 

will give that some consideration.

Senator Metcalf. Senator McClure. T would like to get this thing 

back on track. We are not trying to confirm Mr. Secretary Reed, 

we did that some years ago. we are tryin g to confirm Mr. Greenwalt.

Others of the committee have questions and we have a limited 

amount of time this morning. I hope that we will give Mr. Reed 

and Mr. Greenwalt an opportunity to respond for the record and you 

will have an opportunity to examine their response.

I haven’t asked any questions yet and T have a whole list of them.

Senator McClure. Mr. Chairman, your timing is perfect. I just 

completed.

Senator Metcalf. T thought you had completed it and I hope th at 

we will get back and interrogate Mr. Greenwalt. rather than try 

to expose fact or some other thing, reverse the confirmation of Mr. 

Secretary Reed.

Senator McClure. I am not trying to unconfirm my good friend, 

the Secretary. T am trying to undo one of the actions which he has 

taken, which I think is precipitous and wrong.

Senator Abourezk. Mr. Chairman.

Senator Metcalf. Mr. Abourezk.

Senator Abourezk. I have just one question I would like to ask 

Mr. Reed. In regards to this meeting on Monday, in regard to the 

fishing controversy. I would like to assign staff to attend tha t meeting.

Mr. Reed. It would be a pleasure to have them at tha t meeting.

Senator Abourezk. I would like to designate Sherwin Broadhead.

Mr. Reed. It's in Portland. We will call the specifics in to your office, 

sir. Your representative will be most welcome.

Senator Abourezk. Thank you very much.

Senator Metcalf. Maybe some other staff member around or maybe 

some of the committee would like to attend the meeting. I f so, we will 

let you know.

Mr. Reed. Thank you. Senator.

Senator Metcalf. Senator Hansen.

Senator Hansen. Senator Fannin, who was here earlier, and had 

to leave, had several questions which he wanted me to ask because 

others have asked them. I think only one is necessary.

Mr. Greenwalt. what should be the criteria in transferring of lands 

from the BLM to Fish and Wildlife Service supervision in your 

opinion ?
32

Mr. Greenwalt. Fundamentally, the one basic criterion should be, 

in my judgment, the purpose for which the area was established. 

That is to say, whether it was established for the preservation and 

enhancement of wildlife or the management of cattle or other 

resources.

Now, I am sure Senator Fannin is referrin g to one of the four big 

game ranges which were originally established in order to protect 

and enhance wildlife populations for which this habitat was most 

suitable. In my considered judgment, the fundamental criterion is, 

what is the purpose, what is the fundamental purpose for use of that 

piece of land ?

Senator Hansen. Thank you very much.

I have no other questions.

Senator Metcalf. Thank you very much.

I have some questions and I have an additional comment by Senator 

Hollings which would be appropriate at this time. He says th at—

There should be a clear understanding th at the Department of Interior 

and the Department of Commerce work closely in the fut ure in spite of any 

jurisdic tional questions up here on the Hill. I certainly concur in tha t, th at 

we do have some conflict of jurisdiction that we will resolve in our committee, 

but we expect you and Mr. Greenwalt and othe rs to come and respond to the 

Department of Commerce, or the Departm ent of Interio r or the State Department, if necessary, to help us in consideration of our legislation.

All of which brings up the usual question we have been admonished 

to ask any person being confirmed and that is to ask you if you are 

willing and you are ready and you will come up and appear before 

the appropriate committees of the Senate and the House of Representatives and respond to the questions th at are promulgated to you?

Mr. Greenwalt. Definitely.

Senator Metcalf. We had to ask that because there have been members who claim “Executive Privilege” and say that they won’t answer 

questions. I am sure you will but tha t is a matter for the record.

Mr. Greenwalt, we have had, since you were nominated, some expressions of concern, especially from the State of Montana about your 

completed policy on grizzly bear. I believe that, except for Alaska, 

the State of Montana has a bigger grizzly bear population than any 

other State. We have some in Idaho, as a result of our grizzly bear 

population in the Yellowstone National Park, and some in Wyoming.

But in the Marshall Wilderness and in Glacier Park and in our 

expanding wilderness in the Scapegoat-Lincoln area we have a large 

number of grizzly l>ears. In Montana, the Fish and Game Commission 

is very critical of the recent report, and that it is premature in classifying grizzly bears as an endangered species. Would you comment on 

that for us?

Mr. Greenwalt. Certainly.

First of all, our basic report and a proposed position statement derived from that report, is based on our assessment of the evidence that 

yields the determination that we think that the grizzly bear ought to 

lx* designated as threatened in the three ecosystems of the lower 48 

States, excluding Alaska.

During my attendance at the International Association of Game, 

Fish and Conservation Commissioners meeting in Hawaii just past I 

had an opportunity to speak at great length with Wes Woodgerd and
33

oth ers from the De partm ent in Montan a, as well as rep res entative s of 

Wy om ing and the o the r States. Th ere is, clearly , a difference of o pinion as to how the grizzly bea r sho uld be cate gorized un de r the pr ovisions of the En dangere d Species Act. There is also an elem ent of 

misu nd ers tan din g about what des ign ation as threa ten ed rea lly means. 

The determi natio n as to what it takes to l)e threa ten ed is, in a way, a 

subject ive v alue jud gm ent. Th ere is no clear guideline in the act t hat 

ind icates just where the threate ne d catego ry begins and anoth er one 

leaves off'. How ever, the act very wisely ind icates th at if a species is de signat ed 

as “th reaten ed ” any of the activitie s proh ibi ted fo r species listed as 

end ang ered can be allowed. Th e species can be h arv est ed or otherwise 

man ag ed ; whereas a species designat ed as “en dangere d” can be tak en 

only with the pro vision of a perm it from the Secre tar y and the n in 

only ve ry lim ited circumstances.

Ou r proposal recognized t ha t the gr izz ly bear enjoys a different sta te 

of grace in each of the thre e ecosystems in question. We had proposed 

some reg ula tions that would recognize the differences in the sta tus of 

grizzly bea r and it was with the i nte nt of deter mi nin g wh at the st ates’ 

feeling were, amo ng oth er reasons, I went to Ha waii to meet with 

sta te repres ent atives . We had a numb er of discussio ns on the sub ject 

and I agreed to br ing back to Mr. Reed and oth ers in the De partm ent 

the exp ression of the State s' concern.

Based on th is, the n, we would att em pt to reach some kind o f m ana gement decision th at would wor k in the best intere sts of the grizzly bear, 

which is basically what is at issue. W ha t can we do th at is basically 

in the. best intere sts o f the grizz ly bea r? In my jud gm ent, th at is w hat 

we all must str ive for, and my good friends in the States agree with 

this. We are not in complete agreem ent at this jun ctu re as to jus t how to 

get the re. I think the im po rta nt th in g to note is th at no ha rd and 

fas t decision has been reached. We are stil l intere ste d in the opinion 

th at those in the Sta tes have, and the y hav e pro mised to make those 

reactio ns to me in wr iting. I hav e not as yet received them .

Se nator Metcalf. Now. in Idaho the re is no open season on hunting of grizzly bear. In Mo ntana, the re is not. I am tol d the Mo ntana 

Fish and Game Comm ission will close the system.

Mr. Reed. In the Yellowstone Ecosystem, sir, the y have issued a 

great m any pe rm its for th is com ing season.

Se na tor Metcalf. I was on the pho ne talk ing to Mr. Wo odgerd 

af te r your mee ting in Ha wa ii, a nd he said the appli catio n for perm its 

had gone out early in the sprin g. I t ’s impossible to recall them .

Mr. Greexwalt. In any event, the process would not have in te rposed—

Se na tor Metcalf. Maki ng it an end ang ere d species doesn’t recall—

Mr. Greexwalt. Regar dless of classification, such a decision could 

not have gone into effect l>efore the for thc om ing season.

Se nator Metcalf. May we meet with you again an d have Mr. W oodgerd or som ebody repres entative of th e Mo ntana Fi sh and Game Co mmission before you have a final decision on majo r policy ?

Mr. Greexwalt. It 's our int entio n to make sure th at we all are in 

accord with how we should go about prese rving t he grizz ly bear.
34

Senator Metcalf. We are all getting a lot of mail, Mr. Greenwalt, 

from pet fanciers and people employed by the pet industry, about your 

proposed regulations on importation of these. I have a series of questions prepared. I do share the concern of many of these people that 

the regulations are going to be so strict.

Mr. Greenwalt. If I may, Mr. Chairman, I think I can pretty well 

anticipate the kinds of questions tha t are there. If I can encapsulate 

what it is all about for just a few moments, I think I can resolve many 

of these questions.

First of all, the object of the injurious species regulations under 

the Lacey Act. is to minimize the possibility of the introduction of a 

species of wildlife that would have a deleterious effect on human 

health, the environment, agriculture and other similar interests, in the 

United States. The things we have not done well in the past are well 

known to all of you such as starlings and English sparrows.

Senator Metcalf. But the tropical fish people, for example. You 

are not going to release a whole lot of tropical fish. Thev are just going 

to have them in their own aquariums.

Mr. Greenwalt. Here is the point I was about to make with that 

objective in mind. It is our intention to formulate final regulations 

which recognize th at there are creatures that represent a high risk of 

damage to the environment, and creatures that represent a low risk. 

We are now contemplating the addition of a middle ground, one of 

uncertain risk. But in any event, the Service has been working very 

closely with representatives of the pet industry, with representatives 

of the zoo associations, representatives of medical research organizations, as well as private and public interests, to help develop a set of 

regulations that have a minimum requirement in terms of permits, 

and have a minimum impact upon the pet industry, particularly with 

respect to tropical fish.

I was told this morning bv one of my staff people th at the regulations, as they are now emerging, working with the pet industry, will 

allow the industry to retain about 97 percent of the importation in 

tropical fish that has been enjoyed prior to the proposed institution 

of regulations.

Senator Metcalf. Now, who will be responsible in your new position. Mr. Greenwalt. for formulating and promulgating these regulations? Will it be your responsibility?

Mr. Greenwalt. It will be mv responsibility to approve the 

regulations.

Senator Metcalf. Well, can we have your assurance tha t you will 

carefully seek the advice and have an input—and from these people 

who are concerned that maybe th eir whole business will be wiped out 

by that 3 percent that von are talkin g about.

Mr. Greenwalt. I understand this fully. You have my commitment. 

As a matter of fact, we have just completed a series of public hearings. 

We have, I am told, over 7.500 comments on the draft environmental 

impact statement. T certainly will not make any determinations without satisfying myself tha t the interests of all the parties involved have 

been properly attended to.

Senator Metcalf. T have been asked to talk to you about falconry. 

You may be amazed, when we have been working together to preserve 

the duck habitat, that I feel that we should do something about the
35

peregrine and falcon and duck hawk, which is a magnificent bird, and, 

in my opinion, does very little damage to the duck population and 

should be preserved.

Are we going to have regulations that would prevent private breeding programs of falcons ?

Mr. Greenwalt. No, sir.

Senator Metcalf. So t hat people who are interested and concerned 

about this traditional and historic sport will be allowed to continue?

Mr. Greenwalt. Sir, the only probable restrictions would be in connection with the traffic in the endangered species and related matters. 

The objective of these regulations, is to bring some order and control 

into a situation which has been, in the past, replete with illegal traffic 

in birds and a lack of control over their utilization.

Senator Metcalf. How are we doing in our attempts to protect the 

whales ?

Mr. Greenwalt. I must say, in all candor, that it is my great 

pleasure to report that the whales are in the jurisdiction of the National Marine Fisheries, sir. [Laughter.]

Mr. Greenwalt. It ’s the kind of recognition of jurisdiction I am 

only too happy to make to this committee and to my good friend the 

Director of tha t Agency, because he has a real problem there. Unhappily. T think whales are not doing extremely well.

Mr. Reed. There were major concessions made bv the Soviets at the 

end of the last International Whaling Conference. We have not heard 

whether they are going to live up to the proposal made at the conference. The treaty is so weighted that one or two countries do not have 

to follow the agreed-upon position of the others, so we are still waiting 

to find out whether the Soviets and Japanese will obey the regulations 

of the others.

Senator Metcalf. Well. Senator Hansen suggested we recall Jonah, 

who not only was able to live inside the whale, but he guided him 

around.

Senator H ansen. He did have an inside look.

Senator Metcalf. He did have that input, didn’t he ? [Laughter.]

Senator Metcalf. Mr. Greenwalt and Secretary Reed, as you know, 

I have been working with you on the National Waterfowl and Wildlife 

Ranges. I am concerned, as many of us are on this committee, with the 

controversies tha t have arisen. Who shall handle some of the public 

lands, especially the ones that I am especially concerned about is the 

Charles Russell W ildlife Range in Missouri and Montana, but there 

are others in Arizona and the Shelton Desert in Nevada, and so forth. 

Again, this is a jurisdictional question, but I would like to have some 

assurance, because I have a bill in on the Russell National Wildlife 

Range that crosses the jurisdiction of several of your Federal agencies 

and I hope you. in the Fish and W ildlife Service, will work for at least 

administration of your special interests in such areas as Missouri River 

Ranges and the Charlie Russell Wildlife Range and others that are 

concerned. T don’t know—I suppose we should <ret Secretary Morton up here 

and have the Senator from Idaho examine him on these questions but 

we have you here mad you are goinsr to be responsible for the Fish and 

Wildlife Service there and I hope that von will insist on your jurisdiction and help us in carrying out the program that you have outlined.
36

Mr. Greenwalt. Let me say that my fundamental concern, obviously, 

is the welfare of the fish and wildlife values residing on these 

lands. It is my earnest intent and desire to see to it th at whatever may 

happen in the final outcome, these values and their longevity and their 

perpetuation is assured.

This is a strong commitment I have. My late fathe r would not forgive me if I had any other commitment. I am sure the Assistant Secretary would not smile on me either, if I had any other commitment.

Senator Metcalf. Will you continue to have supervision over the acquisition of wildlife, waterfowl, wetlands, or the refuges?

Mr. Greenwalt. Yes. sir.

Senator Metcalf. Well, as you know, many of us have been concerned about the rapidly accelerating costs of those lands. We obtained a loan and some of the money was released and we used that 

money for funding purchases of migratory wild fowl and so forth. 

We have to start paying that back in 1977. Do you see any prospect 

of income from the duck stamp funds being available to start to repay 

that loan in 1977 ?

Mr. Greenwalt. Well, as you stated the question, certainly there is 

some prospect for repaying the loan, because the purchase of the migratory waterfowl stamp will still be mandatory. I think the concern 

I have and I know you have, is : How are we going to continue to 

purchase those lands we must have without the availability of enough 

money to do it soon enough to avoid an incrediblv escalating land 

cost?

I have asked the staff of the Fish and Wildlife Service to develop 

a plan, with alternatives, as to how best to deal with the problem of 

the expiration of the loan fund and the need to increase duck stamp 

sales in order to gain additional revenue for this purpose. During the 

next few months we will develop some recommendations and perhaps 

legislative recommendations to remedy the situation in order that we 

can move ahead to preserve the habitats necessary for this resource.

Just how we are going to do it, I am not prepared to say at this 

moment, but do it we must. There is no question about that.

Senator Metcalf. Some of our members, Mr. Greenwalt. have 12 

appointments and so forth. T am going to continue and then T am 

going to hear from you. but on behalf of the committee, we are pretty 

well represented here this morning. I want to say that we welcome 

your family here. We are delighted that they showed up for this hearing. I think that they realize today that perhaps the job that you are 

stepping into is not completely noncontroversial.

Mr. Greenwalt. T should say that my family and T are verv communicative. Since my wife is also, by nature and birth, involved in 

wildlife matters, her fathe r was also a refuge manager. She understands something of the nature of the controversy and is sympathetic.

Senator Metcalf. T hope Mrs. Greenwalt will be persuasive on the 

side of the Senate. [Laughter.]

Senator Hansen. Mr. Chairman, if it would be helpful. T have an 

early appointment that I had to postpone until 12. but T could be back 

in 20 minutes if my presence here would in anv way relieve you.

Senator Metcalf. What about Mr. Adams? He is going to talk. Mr. 

Adams? Is he here?

Senator Hansen. T have to leave.
37

Senator Metcalf. All right.

I am not calling on you. Mr. Adams, I am going to finish with Mr. 

Greenwalt, but I think we will run this hearing right on through.

Senator McClure. Mr. Chairman, if I may. may I apologize first, 

for the length of my questioning, but I thought it was perhaps useful 

to illustrate the kind of controversy we get involved in and certainly 

I recognize that these are matters of controversy. My visits with Mr.

« Greenwalt, both personally, and his testimony here, convince me both

of his qualifications and of the appropriate attitude in approaching 

what are very difficult factual questions.

I wish him well. It is certainly my intention to vote for your

♦ confirmation.

Mr. Greenwalt. Thank you very much. sir. I appreciate it.

Senator Metcalf. Thank you. Senator McClure. I have some other 

questions. I am going to submit them to you in writing, if I may, Mr. 

Greenwalt. I have some questions tha t have been given to me on behalf 

of Senator Jackson, some questions that have been propounded by the 

members of the Commerce Committee and inasmuch as we cannot 

vote on this matter at the present time, I think that we will send them 

down and we will make the record in w riting and then at some future 

date promptly, I hope, pass on your confirmation.

It ’s a practice of this committee to pass on the financial matters in 

executive session. A t such time as we can get a quorum together, your 

report as to the financial matters will be passed around and we will 

inform you of tha t time, so that you may appear and answer such 

questions as will be propounded in tha t session.

There will be. of course, as I suggested, additional questions from 

the Commerce Committee from the Inte rior Committee and special 

questions from Senator Jackson about some of the matters with which 

he is especially concerned. Unless there is something else to come before us at this time, I am going to thank Secretary Reed and thank 

you, Mr. Greenwalt. and again express my appreciation for a long 

and worthwhile service with you on the Migratory Bird Conservation Commission. I am delighted that a person as knowledgeable and 

as dedicated to that service as you. and Secretary Reed, are going to 

be continued to be in charge of th at program.

Mr. Greenwalt. Thank you very much. sir.

Senator Metcalf. Thank you both.

* Mr. Reed. Thank you very much. Mr. Chairman.

Senator Metcalf. Now. we will hear from Mr. Hank Adams. In 

spite of the fact that we are running a little late, you can completely 

make the record and take as much time as you feel is necessary.

Mr. Adams. Mr. Chairman, our request to submit testimony was 

entered, not in my behalf, but in behalf of the Northwest Indian 

Fisheries Commission and three of the commissioners are here. I am 

the commissioner coordinator, but the chairman. Mr. Forre st Kinley 

from the State of Washington, representing the Lummi Council is 

here. Mr. Guy McMinds of the Quinault Indian Commission, representing the Quinault Treaty Council is here and Mr. Charles Peterson of the Makah Indians, representing the Makah Treaty Council 

as the commissioner on the five-member Northwest Indian Fisheries 

Commission, is here.
Senator Metcalf. I have asked one of our clerks to get the names 

for the benefit of the reporter and so I will allow the commission 

members to make their remarks relating to the nomination of Mr. 

Greenwalt.

Mr. Adams. We also have a statement tha t is prepared. I am not 

certain tha t we have enough copies, but I was asked to give it to the 

staff.

Senator Metcalf. Do you want to submit this statement for the 

record and then you will summarize and then we will hear from the 

members of the commission ? Is that the way you want to present your 

testimony?

Mr. Adams. Yes; then I might make some additional reemarks.

Senator Metcalf. The prepared statement of the Northwest Indian 

Fisheries Commission will be inserted in the record at this point.

[The prepared statement from the Northwest Indian Fisheries Commission follows:]

Statement of the Northwest Indian Fisheries Commission Before a J oint

Hearing of the Senate Interior and Commerce Committees on the Confirmation of Lynn A. Greenwalt’s Nomination to Become Director of the

U.S. Fish & Wildlife Service

Mr. Chairman and members of the Senate committees, the Northwest Indian 

Fisheries Commission respectfully requests permission of the Committees and 

its Chairman to offer for the record a background state ment and working paper 

of the Fish eries Commission, which we have used this week to express some of 

the concerns and intere sts of Indian people in the Pacific Northwest. Its content 

directlj- concerns the responsibilities and obligations of the Fish & Wildlife 

Service’s Director.

We do not oppose the confirmation of Mr. Greenwalt as Director.

We do question the direction of certain policies which seem to have gained 

force in the Interior Department regarding the Fish & Wildlife Service and its 

programs, which, if implemented, threaten the governmental rights and fish 

resources of our member Tribes with serious inju ry and harm.

In our judgement, it would he app ropriate for the Senate Committees to 

question Mr. Greenwalt about these matters and his plans as Director before 

he is confirmed. It is appropriate for the Congress to inquire into the issues 

we shall spell out here, both because of its constitutional pre-eminence in the 

field of Indian Affairs; and because the conduct of its oversight responsibilities 

in evaluating the operations and effectiveness of the executive agencies require it.

The Indian Tribes we represent are parties to treaties with the United States. 

When the treaties were made and ratified by the Congress in the 1850s. our 

tribes lived predominantly as fishing societies, possessed of vast fish resources, 

particularly salmon and steelhead among others. A justified qualification might 

be stated fo r the Makah Indians, who were recognized as being among th e world’s 

grea test sea hunters and travelers—expert whalers up to the time of the Second 

World War.

Our fishing rights and resources were retained by our tribe s in the treaty 

contracts. Immediately after their making, however, a growing non-Indian 

population sought to supplant us, to extinguish our rights, and to convert the 

various fish resources to the near exclusive benefit and economic gain of nonIndians. They enjoyed substantial success in such efforts.

In the history of the state of Washington, the fishing indu stries have regularly 

remained among the foremost of all its income-producing industries.

The same history has been marked by a constan t conflict between Indian 

people and the States of W ashington and Oregon, growing from the ir persistent, 

perennial endeavors to prohibit fishing by Indian people in the custom ary 

grounds, and to stop us from being a fishing people who might share in the 

benefit of bountiful resources.

In the latte r part of the Johnson Administration, the United States undertook its most decisive action to bring about enforcement of the tre aty righ ts and 

to effect the protections that the Nation guaranteed Indian people under the
39

treaties. The U.S. sued both Washington and Oregon to aid Columbia River 

fishing Tribes in securing a ‘fair sha re’ of the harvestable fish supplies. Although 

Washington was dismissed as a party, ano ther sui t was brought in September 

1970 against it in behalf of the United States and Indian Tribes under the 

Medicine Creek, Quinault, Point No Point, Makah, and Point Elliott tre ati es 

in western Washington state.

The United States and the Tribe s won both cases, relying upon perhaps the 

most voluminous and exha ustive record ever developed in an Indian rights and 

resources management lawsuit.

The landmark Boldt Decision was issued in Feb ruary of this year, after

• more tha n three yea rs of preparation and tri al proceedings. Its result and 

rulings afforded the Indian community with its best modern opportunity to 

resume control of our treaty-retained resources—and for casting of an impoverished condition which had progressively worsened under the prio r pa tterns of deprivation and deliberate denial of tre aty Indian rights.

• In filing the case of United States v. Washington, the Nixon Adm inistratio n 

had, if not courageously, conscientiously resisted political efforts on behalf of 

Oregon and Washington to dismiss both fede ral cases, make an out-of-court 

settlement between national and sta te governments, and contrive a political 

definition of the affected treaty rights in such manner as to sub stan tially preserve the sta tus quo for continuing deprivations. In discussing the strategy 

and effort, Oregon expressed its determination that more fish be allocated for 

Indian harvests as a guard against realizing its fea r th at the court decisions 

against the states might extend the trib es’ management role and responsibilities beyond the Indian reservations’ confines. Washintgon was requested to 

join that common strategy.

The Boldt Decision did reaffirm that management role, and declared that the 

treaties had secured an equal share—or half—of all harv estable fish resources 

for the Indian people in custom ary fishing waters. U.S. Judge George H. Boldt 

also ruled th at all the tribes possessed potentia l capacity to fulfill their management functions and to engage in self-regulation of the ir fish resources and 

fisherinent, without State interfere nces—if certain qualifications and obligations were met by Indian communities.

The cen tral obligations focused upon the ava ilab ility to the Tribes of biological expertise and technical services for assuming the increased management responsibilities, eith er under tribal employment or from other sources 

or agencies. The Bureau of Indian Affairs (BIA) had contracte d with the U.S. 

Fish & Wildlife Service for the development of the F&WS Northwest Fish eries 

Program to work on the federal case aga inst the States’ policies and practices, 

and to provide technical services to the Tribes. Its development of evidence, 

analytical information, and testimony had decisive effects in the lawsuit.

As crucial to its outcome, however, was the willingness of the Adm inistration—through both Justice and Inter ior Departments—to make a post-tria l

• commitment in federal services to the Tribes for meeting any requirements 

of a favorable decision, even prior to trial. Essentially , this merely required 

formulation of an inventory of existing management and personnel needs related to the extensive Indian fish resources, while avoiding duplication of 

service activitie s.

• The federal departm ents and agencies, together with the Tribes, uniformly 

agreed that the Northwest Fisheries Prog ram of the U.S.F&WS was the most 

appropriate service agency to accommodate the trib al needs, if adequate increased staffing was provided for—un til such time as the Indian community 

might be able to develop and supp ort its own professional and techn ical staffs 

and management systems.

Immediately after the Roldt Decision was rendered, funding requests were 

made to the Congress by the Adm inistration to fund trib al programs and the 

Northwest Fisheries Program in order to activate the post-tria l commitment 

to help implement the decision.

For these purposes, the Office of Management & Budget (OMB) cleared 

a presidential budget request for $1.5 million for BIA and trib al programs, and 

$690,000 for the increased and needed technical services of the F&WS Northwest Fish eries Program, including assistances to Columbia River Indian Tribes. 

Independently, the Washington Departm ents of Game and Fisheries entered 

comparable requests for federal funds with Members of Congress and Interior 

officials, who responded with offers of support.
40

This brings us to our concern with the action s which will be taken by the 

U.S. Fish & Wildlife Service under the direc torship of Mr. Greenwalt.

We have reasons to believe that the Interior Departm ent at the secreta rial, 

and several other, levels have reneged on the promised federal commitments 

to Indian fish management programs and its own agencies’ assistance services. 

Documents and discussions with Interior officials indicate an attitude that 

has transformed from positive support into active hostility in the most critical 

decision-making positions.

The Congress, fo r its part, did appropriate the $690,000 requested for technical 

assistance to the Tribes, and additionally provided more than a million dollars 

for State hatchery and propagation programs. (Although the requested BIA 

and trib al funds were effectually cut in half, the Congress also funded for the 

local level program ming of separate Tribes in implementing the Boldt Decision.)

The Secretary of the Interio r and the Fish & Wildlife Service, for its part, 

seems intent upon (1) diverting the $690,000 away from direct continuing 

services for Tribes through its Northwest Fisheries Program in favor of (2) 

granting funds to the State fish and game agencies; (3) subverting the development of independent trib al or inte r-tr ibal fish managem ent and development prog rams; and (4) preventing the implem entation of the Boldt Decision in 

order that it shall ultim ately be overturned or defeated, and the gains or restored righ ts of Indian people be lost or not preserved for our benefit.

In the past week, Judge Boldt has found it necessary to take extraord inary 

actions against State courts and adm inistrative agencies to prevent the total 

defeat of his decision—and to try to assure Indian people even some small 

fraction of the entitlement to fish which he found to be an Indian right. Last 

year, Indian fishermen had harvested approximately 3% of the tota l commercial salmon catch—and under the State and Inte rna tional re gulations adopted 

this year after the Boldt Decision, the Indian catch was being reduced almost 

a full percentage with an even smaller total catch.

However, if we look to a Memorandum Report sent to Mr. Greenwalt, relating the substance of a meeting between Secretary Morton and Washington 

State officials in Olympia on Jun e 24, 1974, we find evidence th at the Interior 

Secretary has joined forces with the Ind ian s’ opposition—at leas t in viewpoint 

and in condemnation of the Boldt Decision.

In the meeting’s stateme nts attrib ute d to the Interior Secretary, we are introduced to Mr. Lynn Greenwalt and of Secretary Morton’s “great confidence 

in his ability”. The Secretary qualifies his statement to express regret that 

“his staff has not been able thus fa r to give him (Mr. Greenwalt) proper 

direection on where the Department should be going in each of the states.”

If the proper direction is set forth in the Secretary’s policy stateme nts in 

the course of the meeting, we find that point by point the Interior Secretary 

accedes to the positions and objections of the State officials. When the State 

Game Director objects to the assumption of management functions and responsibilities by the tribes or supporting federal service agencies, and to the 

construction of any additional federal Indian fish hatcheries, the top Interior 

official expresses his agreement. The Secretary’s questioning of the “fairness” 

of the Boldt Decision corresponds to the public state ments made by the State 

Fisheries Director, which became the basis for non-compliance with the federal 

court decision—and which the U.S. Judge regarded as “bordering on contempt” 

in encouraging defiance of his decisions and orders.

Secretary Morton’s positions, as attrib ute d to him in that meeting and as 

backed up by a follow-up letter to the State Game Director, are doubtlessly 

in direct opposition to the known Indian positions and plans, and are contrary 

to the resu lts of the Boldt Decision. Immediately after the Jun e 24 meeting 

and other secreta rial statements, the efforts to divert the $690,000 to the programming and plans of the State were accelerated. A July 2 Memorandum 

from Mr. Greenwalt discussing the requested funds, rema rks that their agency 

is dealing with a “hot issue that will be closely watched”. By whom is not 

stated.

The Northwest Indian Fisheries Commission and the member Tribe s can only 

view the proposed misallocation of the appropriated $690,000 to the prim ary benefit and program objectives of the State as being as unlawful and unjustified as 

any of the “impoundment of fund s” action s which were challenged and found 

unlawful in certain actions of the Nixon Administration.

Both the State Fisheries Departm ent and the Game Department did enter requests with the Inter ior Department for program funds tota lling about $1.2
41

million. So far as we have been able to determine, neither the Adm inistration (OMB) nor the congressional appropriations committees cleared those funds, while providing other matching funds and hatc hery suppo rt monies. The Tribes and this Commission have repeatedly been asked to prep are funding request justifications for both our various needs and for programming efforts we consider necessary to be conducted by Interior agencies, including BIA and F&WS units. In the matter of the Sta te agencies’ request, the amounts were ac­ cepted an d supported as stated—without any requirement for dem onstratin g need 

« or justificatio n. The fund requests have not undergone any fede ral agency ana lysis th at we are awa re of. In o ur meetings and discussions w ith the Regional Director of th e Fish & Wild­ life Service, Mr. It. Kahler Martinson, we gained clear impression th at final decisions to divert these Boldt Implementation Funds to the State agencies has al- 

* ready been made, with only th e final division of amounts to be decided. Mr. M ar­ tinson has told us that he anticipates no additional professional staff increases in the Northwest Fisheries Pro gram offices for the required services to the Tribes. In a proposed South Puget Sound federal Indian hatchery program, which the Fish & Wildlife Service had studied and worked on for almost two years, the in­ formation developed from the Indian program and trib al levels were excluded from a final study repo rt issued in Jul y which gave its stron gest emphasis to the stateme nts of opposition and objection entered by Washington Fish eries and Game. It was a clear waste of the F&WS work on the project over an extended period—although it demonstrated that the Regional Director has accepted Secre­ tary Morton’s remarks at the Sta te meeting as absolute direction and policy. We have grave concern that the fish resources shall suffer tremendously by the maneuvering and manipulations we now see occurring within Interior De­ partmen t circles and State bases of political power. We have secured other rec­ ords showing the stateme nts made in another meeting with the Dire ctor of Fisheries for the State, which cause us to question w hether a blank et commitment 

for federa l funding without scrutiny is justified. In an August 30, 1971, meeting with complaining non-Indian fishermen and Governor Daniel J. Evans, Director Thor Tollefson rela tes that a plan to over­ fish Puyallup River chinook resources was being undertaken in order that P uyal­ lup Indian fishermen could be blamed for damaging the resources. The effect would be to bolster the Sta te’s case with the public, th e press, and in the Courts’. When the non-Indians’ lawyer objected that some other way besides damaging the resources should be tried, the Fisheries Director answered th at his Depar t­ ment had no problem with the plan, claiming that they could restore the re­ source by flying in salmon eggs from another hatchery and stream. These are politics and misuses of governmental authority which the North­ west Indian Fisheries Commission strenuously objects to. In ano ther area of 

» abuse by the State Game Depa rtment, which the Fish & Wildlife Service seeks to fund without requirement of dem onstratin g need or detailing justification, considerable funds were si>ent in the past to investigate the priv ate lives and business transactio ns of several entire Indian communities. What are the mo­ tives that now operate to grant them new sources of funds, with out questioning 

» the motives behind the demand for the monies. Given the documented state ments and positions of the Interior Secretary , and the actions of the Regional Direc­ tor in his relations with the Sta te and Tribes, can we not wonder if any of the Boldt Implementation Fund s appropriated by the Congress are going to be used to implement the seriously threatene d Boldt Decision? We believe that this Committee should properly ask Mr. Greenwalt what his directions from the Interior Secretary are, and what are the plans he inten ds to carry out. We also think he should he required to explain the degree of au­ thority or autonomy granted to the Regional Director (TA) in directing the use of funds for purposes other than for which they were sought by the Adm inistra­ tion, or other tha n for which Congress appropriated them. Inasmuch as we are aware that Mr. Greenwalt is setting up a new high-level program office for Native Americans and Eskimos, to address Native concerns, problems and issues in resource protection, utilization and management, we can­ not understand the present machinnation s going on in the Departm ent at its 

highest level, as well as in the Portland Regional Office. In the past few years, the Inter ior Solicitor’s Office, units of the BIA, the Northwest Fisheries Program, and Justice Departm ent attorn eys have per­ formed some of the best services for Indian people in the history of this Nation. 

In the case of U.S. v. Washington, they and the Court have served the Indian 

people of the Pacific Northwest in such manner. We know that most of these
42

federal employees want to continue that service and to build upon th at record 

of aiding our tribes in gaining a full measure of opportunity, community control and self-determination in gaining the benefit of our rights and resources 

for the Indian community’s advancement.

Our Fisheries Commission and the member Tribes have not spurned any moves 

for cooperation and coordination with other people having inte rest in the fish 

resources with which we are concerned. But we can not accept a renewal of the 

tota l disregard of our own auth orities, interests and established rights. Our 

righ ts and our assistance needs were not created by the Boldt Decision. That 

decision does provide some long sought answ ers and opportunities for everyone.

We recall another stateme nt to a joint Congressional hearing in 1961, when 

former Governor Rosellini and Fisheries Director George Starluml informed the 

Congress:

“An immediate action plan to control the Indian fisheries in the State of 

Washington is imperative. That control is necessary is indisputable. The 

question to be answered involves how the Indian fisheries are to be controlled and by whom. Federal treaties with the various Indian tribes of 

the State of Washington protect their members against any attempt at control by State government. Consequently, the federal government must assume full responsibility for such control, or * * * by the Indians 

themselves * * *.

The Boldt Decision decided this question in a practical manner. The Indian 

people have the right to control this responsibility, and should stand as comanagers of the fish resources with the State. Now th at the question has been 

definitively answered by the courts in processing the complaint of the United 

States, we are distressed that the Inte rior Secretary would personally determ ine 

that there should be some other answer.

We sincerely apprecia te the chance to raise these matter s with you and to 

participate in this confirmation hearing. It is an important position in the federal government with majo r responsibilities. We hope that it will not be filled 

perfunctorily by the Senate action, but that the Congress will look toward the 

question of how these responsibilities shall be carried out.

Thank you.

Mr. Adams. I think that we will jus t go to the Commission members 

and then I will sum up with a summary of the statement.

Mr. Kinley.

STATEMENT OF FORREST KINLEY, NORTHWEST INDIA N 

FISHERIE S COMMISSION

Mr. Kinley. I am Forrest Kinley. I have been elected as the chairman of the Northwest Indian Fisheries Commission.

I would like, first, to clarify the statement tha t Nat Reed, from the 

Interior, made, that we were not in agreement. We are totally in 

agreement in what we feel the way th at the funds that we are talking 

about should be spent.

I think that throughout the history of Indian country, or Indian 

tribes, that there has never been sufficient funds or money made available to any tribe or through the Inte rior to protect the fishing resources 

of the Indian people. We felt that through this appropriation of $690,- 

000, that this was a step into where the Judge Bo ldt decision could he 

initiated, was some of the charges that he made to the Indian tribes 

that participated in this long court session which did last 3 years.

One of his recommendations was that in order for a tribe to be able 

to regulate the natural resources which was that we have the expertise 

to manage and to predict various size funds and in order to do this 

without—the only agent which we did have some control, or some 

input to, was the Department of the Interior which Fish and Wildlife 

is a part of this vast organization.
43

So we have agreed that we want to initiate the thinking of the State 

hut we feel that in the past history of the State of Washington that 

in no way can we condone the action, so therefore we feel that through 

Fish and Wildlife that we would have a better control and be able 

to meet the obligations which the court has put us under.

As f ar as the process of initiating Judge Boldt’s case at this time, 

that it has lieen no advantage to the India n people in Washington 

State, that up to this point that we have taken less fish this year than 

we, did last year. We feel that it is necessary that this money and the 

policy of the Fish and Wildlife or the policy of the Federal Government toward Indians was change. To us it seems as though the U.S. 

Government and the State of Washington has classified us as a threat 

to the national resources.

By them not giving control of the funding to us it further justifies 

us in thinking this way. In no wav are we trying to oppose Mr. Greenwait’s appointment, but we are opposed to some of the policy matters 

and some of the decisions that are trying to lie handed down about 

our input. Now, we have lieen into this. All my life I have been concerned with fishing and so we strongly want to impress upon the committee and the people present, that we are in total agreement of how 

this fund should be spent.

I want to thank you.

Senator Metcalf. Thank you very much, Mr. Kinley.

I think that the members of this committee are in accord with some 

of the questions that were asked bv Senator Abourezk about the use 

of this $690,000 and the fact that at least the money was supposed to 

lie there for a fair and impartial research and development. I think 

that we are going to insist upon it.

Mr. Kinley. We feel that this money was given for—to help us. We 

were the winners of this case. It seems like we are still being put on 

the defensive. We have a friend with the Fish and Wildlife and we 

don’t want to destroy that.

Senator Metcalf. Let’s go off the record for a moment.

[Discussion off the record.]

Senator Metcalf. We will go back on the record now.

Who is next ?

STATEMENT OF GUY R. McMINDS, NORTHWEST INDIAN FISH ERIES 

COMMISSION

Mr. McMinds. The commission has asked me to make a statement in 

behalf of the group I represent in Washington. It’s the Quinault 

Treaty area. My name is Guy McMinds. I am a professional fisheries 

biologist, educated at the University of Washington. I am a professional resource manager on the Quinault Reservation handling timber, 

water, fish, and land.

I have two major areas of questions for Mr. Greenwalt and Mr. Reed. 

Yesterday, or the day before yesterday, in a meeting in the Executive 

Office Building, Mr. Reed made a statement to the group of people, 

lie stated that the Department of the Interior will not accept primacy 

over the State management of the resources except when the edicts of 

the Boldt decision are not followed.

In our State, Senator, the edicts of the Boldt decision have not been 

followed. This is documented. In 1973, as Mr. Kinley suggested, our
44

people caught 3.5 percent of the fish run. Yet, in 1974, after the Boldl decision, they only harvested 2.4 percent of that run.

Our percentage take is down this year because of what we call management manipulation. And manipulation of data, manipulation of 

data that Mr. Greenwalt mentioned in referring here to the other issues involved that was intolerable.

We do think tha t the manipulation of data is intolerable and we 

cannot put up with it or stand it in the State of Washington. We would 

like to live fairly with our neighbors. Under the edicts of the court 

decision which entitles us to 50 percent of the harvestable portion of 

the fish runs in the State of Washington and we hope tha t this court 

decision will be implemented.

There are many administrative and statistical maneuvers going on 

right now to insure that the -Judge B oldt decision does not get implemented.

Senator Metcalf. Would you give us. for the record, what percentage of the fish run the Boldt decision did give to the Indians?

Mr. McMinds. Fo r the record, the Judge Boldt decision gave 50 percent of the harvestable portion of the fish run in the Case area to the 

Indian people. Now, the Case area is the Puget Sound area west of the 

Cascade Mountains around the Olympic Peninsula to Grays Harbor, 

southwest Washington, and eastern Washington, the Columbia River 

and Wallowa are excluded from this case.

Senator Metcalf. And what percentage did you get last year?

Mr. McMinds. The percentage we got last year was 2.4 percent to 

the date of the 6th of September.

Senator Metcalf. Of this year ?

Mr. McMinds. Of this year.

Senator Metcalf. 1974 ?

Mr. McMinds. Right.

Senator Metcalf. And it is your position, primarily, that it is the 

responsibility of the Secretary of the Interior and his other people that 

work for him. including the Fish and Wildlife Service, to enforce the 

decisions of the Boldt decision ?

Mr. McMinds. The management agencies in the State of W ashington were likewise enjoined to do this.

Senator Metcalf. Unfortunately, or fortunately, I don’t know, it’s 

a division of power. The thing tha t we are concerned with here as far 

as the Congress of the United States has jurisdiction is the enforcement of the decision bv the Secretary of the Interior and his various 

agencies: isn’t that correct ?

Mr. McMinds. Yes. tha t’s correct. That’s what T am interested in and 

the policy that will come from Mr. Greenwalt’s office is important. I 

think that his enunciations here todav about the manipulations of data 

are intolerable. I would like to see that turned into, instead of a statement of policy of that agency, as regards to their handling of funds 

regarding the implementation of the Boldt decision.

Senator Metcalf. Mr. Adams, did you want to get into this?

Mr. Adams. Yes; I think it would be well to submit here, for the 

record, a statement put out bv Judge Boldt just last week in try ing to 

bring some enforcement to his decision, he does cite the percentage 

breakdowns that Mr. McMinds has just given us. But. when you look 

at what he has written, going beyond the percentage to the actual num-
45

bers of fish, then you see that when you are talkin g about the harvest 

of non-Indians, last year, you are talking about 3,404,710 salmon 

last year.

This year you are talking about 3,628,513 salmon to non-Indians. 

But, what you are talking about, numbers of fish to approximately 

20 tribes, that have to share up this 2.4 percent, you are only talking 

about 89.402 salmon.

« In this order which was signed to enjoin State courts from defeating

his decision. Judge Boldt said “These figures illustrate in the most 

startling manner the gross inequities between Indian and non-Indian 

harvests and the complete failure and inability of defendants to com-

• ply with this court's orders.’'

Now, when it speaks of the defendants, it is talking about the State 

of Washington—Carl Krause, director of the State of Washington 

Game Commission and named as the plaintiffs in this case as the 

United States of America plus 14 separate tribes, so when you are 

talking—when Judge Boldt is talking about the complete failure and 

inability of defendant’s to comply with this court’s order, he is talking 

about the agencies who the Fish and Wildlife Service are planning 

to give the Indian funds to. T think this should be entered into the 

record.

Senator Metcalf. T am not going to object to that. now. In order 

that we get the timetable right for the record, if you know, do you 

remember the date that Judge Boldt handed down that decision?

Mr. Adams. On February 12, 1974, was his first decision.

Senator Metcalf. And he issued an order?

Mi\ Adams. On March 22. an implementing order on March 22 that 

indicated how his decision, Xo. 1. would be carried out under his continuing jurisdiction.

Senator Metcalf. And then it has become necessary for him to again 

rule on the case and issue the order that you are presenting for the 

record at the present time, as of what date ?

Mr. Adams. As of September 12,1974.

• Senator Metcalf. Thank you.

And that will be entered.' Do you want it entered at this point in 

the record?

Mr. Adams. Yes. since there has been substantial discussion.

• Senator Metcalf. It will be entered in the record.

[The above-referred document follows:]

43-9 77 0 - 75 - 4
UNITED STATES DISTRICT COURT 

WESTERN DISTRICT OF WASHINGTON 

AT TACOMA

UNITED STATES OF AMERICA, )

)

Plaintiff, )

' )

vs )

)

QUINAULT TRIBE OF INDIANS on its )

own behalf and on behalf of the )

QUEETS BAND OF INDIANS; MAKAH )

INDIAN TRIBE; LUMMI INDIAN TRIBE; )

HOH TRIBE OF INDIANS; MUCKLESHOOT )

INDIAN TRIBE; SQUAXIN ISLAND TRIBE )

OF INDIANS; SAUK-SUIATTLE INDIAN )

TRIBE; SKOKOMISH INDIAN TRIBE; )

CONFEDERATED TRIBES AND BANDS OF )

THE YAKIMA INDIAN NATION; UPPER )

SKAGIT RIVER TRIBE; STILLAGUAMISH )

TRIBE OF I NDIANS;and QUILEUTE )

INDIAN TR IBE; )

)

Intervenor-Plaintiffs, )

)

vs )

)

STATE OF WASHINGTON, )

)

Defendant, )

)

THOR C. TOLLEFSON, Director, Wash- )

ington State Department of Fisheries;) 

CARL CROUSE, Director, Washington )

Department of Game; and WASHINGTON )

STATE GAM E COMMISSION; and )

WASHINGTON REEF NET OWNERS )

ASSOCI ATI ON, )

)

Intervenor-Defendants )

CIVIL NO. 9213

MEMORANDUM DECISION ON 

PLAINTIFFS' REQUEST FOI 

DETERMINATION AND 

INJUNCTION

(CD

______________________________________)

In United States of America, et al. v. State of

Washington, et al, this court, at the instance and with 

approval of counsel for all parties, assumed jurisdiction over 

all matters adjudicated in Final Decision #1 relating to 

Indian treaty fishing rights in the case area and other 

related matters. Following a lengthy and extensive trial, 

during which there was recorded in evidence voluminous and 

detailed information concerning many aspects of Indian treaty 

fishing, this court rendered what is designated as Final 

Decision #1. That decision included specific Findings of Fact
47

1 and Conclusions of Law regarding the historical and biological

2 facets of Indian treaty fishing rights; it also specifically

3 defined the extent of those Indian treaty rights as well as

4 the privileges and obligations of non-Indian fishing and the

6 control thereof by the State. Recognizing that the appellate

6 procedures in this case will certainly take up to two years

7 or longer, the court and all counsel agreed that procedures

8 were required to deal with the many important questions concerr0 ing fish runs and seasons that would take place before a Circuit

10 or Supreme Court decision would finally determine all issues

11 adjudicated in Final Decision #1. For these reasons, the

12 court retained continuing jurisdiction over all such matters,

13 including development of an interim program for implementing

14 some of the essential provisions of Final Decision #1, subject

15 to certain limitations accepted and approved by counsel for

18 all parties.

17 Paragraph 5 of the Interim Plan and Stay Order entered by

18 this court on March 22, 1974 obligates defendants State of

10 Washington, Washington Department of Game, and its Director,

20 Carl Crouse, Washington Department of Fisheries, and its

21 Directo r Thor Tollefson (hereinafter "defendants") to make

22 significant reductions in the non-Indian fishery as deemed

23 necessary to achieve the objectives of the court's definition

24 of Indian treaty fishing rights. In carrying out this order

25 the court anticipated that defendants would promulgate and

26 enforce regulations reducing the non-Indian fishery.

27 Defendants have promulgated certain regulations establishing

28 reductions in the non-Indian fishery, but have been unable to

20 enforce them by reason of certain directives and orders of

30 the Thur ston County Superior Court in Washington State

31 Commercial Passenger Fishing Vessel Association v. Tollefson,

32 No. 50370, Washington Helpers Association v. Tollefson, No.
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50552, and Puget Sound Gill Netters Association v. Tolle fso n,

No. 50757.

9/2/74

At the hearing/on Plaintiffs' Request for Determination 

and Injunction, the court directed defendants to advise the 

court not later than September 6, 1974 of any alternative 

means or methods of regulation which the defendants could 

propose to effect the required "significantreductions" in nonIndian fishing. By response received by this court on 

September 6,

" . . . defendant Department of Fisheries has concluded that the regulatory enactments promulgated 

by it in response to and in good faith compliance 

with this Court's Final Decision No. 1, of February 

12, 1974, and the Interim Plan and Stay Order of 

March 22, 1974, were correct and appropriate 

actions to ta ke."

No additional or alternative regulations were or have been 

proposed by defendants. Therefore, it now appears that in 

order to effectuate the prior orders of this court, and to 

preserve its jurisdiction over the subject matter, further 

orders of this court are necessary to clarify the scope of 

jurisdiction assumed by it and the duties imposed upon 

defendants under Final Decision #1.

The principal questions presented by pl ain tif fs' request

are whether this court is empowered to protect its earlier

rulings from incursions such as have taken place in the three

state court proceedings referred to above and, if such

jurisdiction exists, whether this court in its discretion

should exercise said authority, and if so, in what form. This

court fully adopts the legal arguments recited on pages 5

through 16 of "Plaintiffs' Request for Determination Regarding

Relaxation of Restrictions on Non-Indian Fishing" as if set 

Exhibit "A"

forth fully herein (copy attached heret ol/ ;and refers particularly to the following cases: Atlantic Coast L ine; Thomason; 

She lto n; Donel on; Leiter Mine rals; U. S. v. Wo od ; Alonzo v. U.

1MM i«
49

1 Based upon the legal arguments and decisions referred to

2 immediately above, this court is not only satisfied that it

3 has jurisdiction to enjoin the state court proceedings

4 referred to, within the express exceptions to the anti5

•

injunction statute, 28 USCA § 2283, but also believes it has

6 an urgent duty to take such action to the extent shown

7 necessary in order to effectuate its judgment and protect the

* 8 federal treaty rights declared therein.

9 It is clear beyond reasonable question that the three

10 state court injunctions referred to above have to some extent

11 prevented defendants from complying wit h this court's order

12 to make "significant reductions" in the non-Indian fishery in

13 order to make available to treaty right fishermen a sufficient

14 portion of the harvestable resource to guarantee an opportunity

15 for them to harvest 50% of said resource. Interference with

10 the exercise of Indian treaty fishing rights indisputably is

17 within the jurisdiction of this federal court, and state court

18 proceedings instituted by non-parties to this law suit cannot

19 be allowed to frustrate either final determinations based on

20 exhaustive research and evidence or the jurisdiction .of this

21 - federal court.

22 Data submitted by the United States Fish and Wildlife

23

Exhibit "B"

Service (copy attached hereto),/which includes Department of

* 24 Fisheries statistics, indicate that through August, 1974,

25 with the exception of the Nisqually River chum harvest in

26 January which for management purposes would be considered part

27 of the 1973 run, Indian fishermen in the case area in 1974

28 have caught less salmon of each species than they caught in

29

30

1973, both in terms of total numbers of fish caught and in

terms of the percentages of Indian harvest as contrasted with

31 total non-Indian commercial harvest. J Estimates indicate that

32

>-l»-T 3 1WM IIM

through August, 1973, Indians had taken 123,370 salmon, or
50

1 A

3.5% of the total as compared with 3,404,710 salmon harvested

2 / by non-Indian commercial interests; through August of this

3 year, Indians have harvested 89,402 salmon, or 2.4% of the

4 total as compared with 3,628,513 salmon harvested by non8 Indian commercial fishermen; when the sport catch through >

e August of 1974 of 837,099 salmon is included, the Indian share

7 of the total harvest is 2.0%.

8 These figures illustrate in the most startling manner ♦

9 the gross inequities between Indian and non-Indian harvest.

10 and the complete failure and inability of defendants to comply

11 "■**-—------------- -—

with this court's orders to make significant reductions in

12 non-Indian fishing and to afford to Indians an opportunity to

13 catch approximately 50% of the harvestable resource at their

14 usual and accustomed grounds and stations. Because by their

15 nature substantial fish resources will be lost for this year

16 to plaintiff tribes if not harvested during the currently

17 ongoing seasons, the immediate threat of substantial economic

18 harm and serious hardship to many treaty right fishermen

19 convinces this court that prompt action is required to protect

20 federal treaty rights that this court has found are

21 constitutionally guaranteed as the law of the land and to

22 assure the viability of this court's Final Decision #1,unless J

23 and until it be modified or reversed.

24 In all court litigation in which the United States has

25

an interest, including cases involving the interpretation and

26 application of treaties duly enacted as required by federal

*

27 law and the national Constitution, the At torney General of

28 the United States, acting through the Justice Department and

29

United States Attorneys, is the official authorized to speak

30

and act for the people of the nation in such matters. In this

31

instance, the United States Attorney, presumptively in the

32 national interest, has requested that this court enjoin

mBcxWVxw

3 - ! > - 7 > -io a M -i o w
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enforcement of the injunctions issued in all three of the above 

referred to state court proceedings. Plaintiff tribes, as 

descendants of signatories to treaties with the United States, 

have joined in that request.

Rather than consider the state court proceedings in toto, 

upon the record now presented this court finds it necessary 

to consider the injunctions separately and therefore will 

discuss each of them in the order of issuance, xt must be 

recognized, however, that each of the three state court 

proceedings was instituted by litigants none of whom was a 

party to this federal court action. Additionally, none of 

those state court proceedings joined the United States or the 

plaintiff tribes, the real parties in interest who could be, 

if not irreparably, at a minimu m grievously, injured by 

state c ourt injunctions preventing enforcement of the Department of Fis heries regulations promulgated for the express 

purpose of making more fish available to treaty right fishermen. Finally, at none of the state court hearings were 

witnesses interrogated nor was any of the hearings a full 

scale evidentiary hearing; only affidavits of the litigants 

were presented, not subject to cross examination, and the 

state court judges could only act upon the materials presented 

to them.

Beyond question, the state court judges who issued the 

restraining orders involved herein performed their judicial 

functions in accordance with established law and practice in 

the state courts, and in an able, and responsible manner 

beyond criticism in any particular whatever. However, it is 

clear from the cited authorities that the circumstances above 

recited can and should be considered by this court together 

with the full record before it, significant portions of which 

were not available to the state courts, in determining what

10M
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action if any to take with regard to these state court 

proceed ings.

(1) In the Commercial Passenger Fishing Vessel case,

temporary

plaintiffs therein obtained a /injunc tio n preventing enforcement of a Department of Fisheries regulation reducing the 

personal use salmon angling daily bag limit in Washington 

coastal waters and the Strait of Juan de Fuca from three 

salmon to two salmon. The record herein shows that representatives of some plaintiff tribes opposed enactment of this 

regulation by the Department of Fi sherie s, on the ground that 

such reduction in non-Indian fishing wou ld not to any 

appreciable extent achieve its stated purpose to make more 

fish available for harvest by plaintiff tribes in the case 

area, because the runs of fish to which that regulation applied 

would return almost entirely to the Columbia River and its 

tributaries for spawning. Upon the evidence before it, this 

court finds that plaintiffs herein have not sustained their 

burden of showing that enforcement of that regulation reducing 

the daily salmon sport bag limit would achieve the purpose 

of making a significant number of additional fish available for 

harvest b y treaty right fishermen. For these reasons, this 

court finds no reason to interfere with the state court temporalry 

injunction currently in effect in cause No. 50370.

(2) In the Helpers Association case, plaintiffs therein 

temporarily

succeeded in/enjoining Enforcement of a Department of Fisheries 

regulation which effectively closed commercial trolling for 

salmon within the three mile limit under state jurisdiction. 

Evidence in the record before this court discloses that the 

total harvest by the Helpers Association within the three-mile 

limit is not substantial and that the runs of fish involved 

would not significantly enhance the harvest opportunity of 

treaty right fishermen because they pass through other non-
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Indian commercial fisheries before reaching tribal fishing

grounds. Upon the evidence before it, this court finds that

plaintiffs herein have not met their burden of showing that

enforcement of the regulation in question, proposing to 

*

close commercial trolling for salmon within the three-mile

limit, wo uld achieve the purpose of making a significant

number of additional fish available for harvest by treaty

right fishermen. For these reasons, this court finds no 

temporary

reason to interfere with the state court/injunction currently

in effect in Cause No. 50552.

(3) In the Gill Netters Association case, plaintiffs 

temporary

therein obtained a ./injunction enjoining enforcement of a 

Department of Fisheries regulation proposing reductions in fis hing time for gill netters and purse seiners in the Puget

Sound marine fishery. Unlike the evidence concerning the 

temporary

prior/injunctions, the record in this case is replete with 

factual data which establishes beyond reasonable question that 

very significant portions of the harvestable fish not taken 

by the non-Indian fishermen referred to would reach the usual 

and accustomed off-reservation fishing grounds of plaintiff 

tribes in substantial numbers. Plaintiffs herein have 

overwhelmingly met their burden of proof to show that enforcement of this proposed Department of Fisheries regulation 

calling for reduced fishing time for gill netters and purse 

seiners in Puget Sound would achieve at least partial 

compliance with this court's directives to make additional 

fish available for harvest by treaty right fishermen, and 

that prohibition by the state court of enforcement of that 

regulation presents an immediate threat of substantial economic 

h a t ill and serious hardship to plaintiff tribes.

Upon the facts found as above stated and after most 

serious and meticulous consideration of writte n memoranda and

is at—i«m
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k M

!-751

oral arguments by all parties and written submissions by

parties to the state court actions and by the state court

judges of Thurston County, this court finds and holds that 

relief ,

injunctive / in the form set forth below must issue to enjoin 

enforcement of the state court injunction in Cause No. 50757 

as follows:

INJUNCTIONS

(1) For the reasons hereinabove stated, unless and 

until this court orders otherwise, it is now hereby ORDERED

AS F OLL OWS:

That the Superior Court of the State of Washington,

County of Thurston, is hereby prohibited and enjoined from 

in any maimer or to any extent enforcing the temporary 

injunction issued by said court on August 30, 1974 in Puget 

Sound Gill Netters Association v. Tollef son , No. 50757, and 

from issuing any other order in said cause which in effect 

will prevent the Department of Fisheries from fully enforcing 

the regulations in question adopted pursuant to Administrative 

Order No. 1143.

This injunction shall in no manner whatever preclude 

said court from expeditiously proceeding with preparation and 

trial of the issues presented in said cause.

(2) IT IS FURTHER ORDERED:

That defendants, State of Washington, Thor Tollefson,

Carl Crouse, Departments of Fisheries and Game of the State 

of Washington, and their officers, agents, servants, 

employees and attorneys, and those persons in active concert 

or participation with any of them, shall not obey, carry out, 

enforce or otherwise treat as having any lawful force or 

effect the order of the Thurston County Superior Court for 

the State of Washington referred to in paragraph (1) above.
55

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Federal Rule of Civil Procedure 65(c), pertaining to

security necessary for issuance of injunctions, provides in

part: "No such security shall be required of the United

States or of an officer or agency thereof." The application 

relief

for in junct ive/herein having been made by the United States, 

this court may not require security therefor from the United 

States, and does not require such security from any parties 

joini ngiin;or supporting said application. . u. i

i • I. i • ; i : • i . i i i i . i , . I:• I i i ; .

IMPLEMENTING ORDERS

For reasons not clear to this court, the De partment of 

Fisheries takes' the anomolous position of opposing entry of 

the injunction issued above, while asserting the correctness 

and appropriateness of the regulations enjoined in the state 

court prbCeedihgs. This court's injuhction confirms the 

propriety of the Department'of Fisheries regulations adopted 

pursuant to'Administrative'Order'No.' 1143. Moreover, this 

court ha§ not' and' will hot direct, limit' or in any manner 

whate ver interfere with full exercise of the prerogatives, 

duties' and 1discretion vested' by state law in the Directors 

of the Departments of Game and Fisheries, excepting to the 

extent hecessary to enforce the judgment"and decree entered 

pursuant tb1 Final' Decision #1' and to restore or preserve the 

Indian' tteaty tights specified therein'. Nothing in' this 

De cision'or in the above injunction should be construed or 

applied’to1 the contrary. i •

However^ due to the circumstances previously recited, 

and to aid in'achieving1 an equal opportunity to both Indian 

and non-Indihh fishermen to harvest fish in the case area and 

to com pensate1 treaty tight'fishermen for not having been 

able to'harvest the ifish'resource'to'the extent'determined 

by rinal Decision #1, this court finds it necessary in aid

ZP7-8andftte>a»

3> U *7 1> TU HM
of its jurisdiction and to protect and effectuate its judgment, to provide as follows:

IT IS HEREBY ORDERED THAT:

(1) The defendants are required to make significant 

reductions in the non-Indian fishery, as are necessary to 

achieve the ultimate objectives of the court's Final 

Decision #1 without requiring mathematical precision, but in 

making such reductions shall do so consistent with the 

concept of permitting the full harvest of fish.

(2) Reductions in the non-Indian fishery, once adopted

I

by the defendants in accordance with the court's prior rulings 

and this order, shall not thereafter be relaxed or rescinded 

without prior notice to this court and all parties to this 

action, unless consent of the affected plaintiff tribes has 

been obtained prior thereto.

(3) To the extent reduction in the non-Indian fishery 

adopted in accordance with the court's prior rulings already 

have been relaxed or rescinded prior to the entry of this 

order by reason of the temporary injunction of the Thurston 

County Superior Court in Puget Sound Gill Netters Association 

v. Tollef son , No. 50757, issued August 30, 1974, defendants 

shall cease immediately from carrying out directives, orders 

or policies in accordance with said temporary injunction and 

shall resume forthwith to implement the regulatory schemes 

and policies previously adopted to effect reduction in the non 

Indian commercial net fishery for salmon on Puget Sound and

related waters.

(4) At the earliest practicable date, and in no event 

later than September 23, 1974, defendants shall report to the 

court or its Master on the consequences of the relaxation of 

its earlie r reductions in the non-Indian fisheries by reason 

of the temporary injunctions of the Thurston County Court.
57

1 T h i s r e p o r t ; s h a l l i n c l u d e t h e b e s t a v a i l a b l e e s t i m a t e d n u m b e rs

2 o f f i s h w h ic h t h e p l a i n t i f f I n d i a n f i s h e r m e n w e re p r e v e n t e d

3 fr o m t a k i n g b y r e a s o n o f s a i d te m p o ra ry i n j u n c t i o n s , a n d

4 p r o p o s a l s t o b e im p le m e n te d im m e d ia te ly t o m ak e a v a i l a b l e t o

5 I n d i a n f i s h e r i e s o n a c o m p e n s a to r y b a s i s n u m b e rs o f f i s h

6 a p p r o x i m a t e l y e q u i v a l e n t t o t h o s e l o s t b y r e a s o n o f s a i d

7 te m p o r a r y i n j u n c t i o n s . D e f e n d a n ts s h a l l a t t e m p t t o im p le m e n t

8

*

s u c h p r o p o s a l s p r i o r t o t h e e x p i r a t i o n o f t h e t im e r e q u i r e d

9 f o r t h e s u b m is s io n o f t h i s r e p o r t t o t h e c o u r t i f s u c h a c t i o n

10 i s n e c e s s a r y t o e n s u r e t h a t t h e I n d i a n t r e a t y f i s h e r m e n w i l l

11 h a v e t h e o p p o r t u n i t y t o t a k e a d d i t i o n a l n u m b e rs o f f i s h i n

12 c o m p e n s a tio n f o r t h o s e l o s t b y r e a s o n o f t h e t h r e e s t a t e

13 c o u r t te m p o r a r y i n j u n c t i o n s . N o th in g i n t h i s o r d e r s h a l l

14 p r e c l u d e d e f e n d a n t s fro m t a k i n g a n y im m e d ia te a c t i o n t o r e d u c e

15 t h e n o n - I n d i a n f i s h e r y i n o r d e r t o e n h a n c e I n d i a n o p p o r t u n i t i e s «

16 t o t a k e f i s h a t t h e i r u s u a l, a n d a c c u s to m e d p l a c e s .

17 (5 ) I f , a t an y tim e s u b s e q u e n t t o t h e e n t r y o f t h i s

18 o r d e r , d e f e n d a n t s a r e p a r t i c i p a n t s i n l e g a l p r o c e e d i n g s w h ic h ,

19 i n t h e i r ju d g m e n t, m ig h t p o s s i b l y r e s u l t i n a n o r d e r t h a t

20 c o u ld i m p a i r o r o t h e r w i s e a f f e c t a d v e r s e l y t h e i r a b i l i t y t o

21 c o n fo rm t o t h e r e q u i r e m e n t s o f t h i s c o u r t ' s F i n a l D e c i s i o n

22 # 1 , o r o t h e r o r d e r s i n t h i s c a s e , d e f e n d a n t s s h a l l im m e d ia te ly

23 s o in f o r m t h i s c o u r t a n d s h a l l s e r v e u p o n a l l p a r t i e s t o

» 24 t h i s a c t i o n c o p i e s o f a l l p a p e r s f i l e d i n s u c h l e g a l

25 p r o c e e d i n g s .

26 (6 ) D e f e n d a n ts s h a l l t a k e s u c h a c t i o n a s may b e n e c e s s a r r

* 27 t o n o t i f y f o r t h w i t h t h e i r o f f i c e r s , a g e n t s , e m p lo y e e s , a n d

28 a t t o r n e y s , a n d t h o s e p e r s o n s i n a c t i v e c o n c e r t o r p a r t i c i p a -

29 t i o r . w i t h th e m , o f t h e c o n t e n t o f t h i s o r d e r a n d t h e d u t i e s

30 a n d o b l i g a t i o n s d e f i n e d h e r e i n .

31

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XPI-Ban d*t on e

• -1S -71 -73 M-W M

IT IS SO ORDERED, ADJUDGED AND DECR EED, e f f e c t i v e 

im m e d ia te ly u p o n e n t r y h e r e o f t h i s 1 2 th d a y o f S e p te m b e r

1 9 7 4 .
59

Mr. Adams. At this point it might be well to introduce into the 

record a Library of Congress Congressional Research Service analysis 

of the Boldt decision as written. This is dated April 15, 1974, and 

analyzes both the initial decision plus the order, but it also has some 

express language in there tha t tells everyone why this $690,000 was 

sought. It tells what conditions the tribes have to meet if they are 

going to have the standing to manage their own resources and people 

and finally be free from any State interferences whatsoever in the 

management of their resources and in this analysis, which is rather 

brief, for a decision tha t was 206 pages long itself, plus an implementing order that was half a hundred pages, in addition; but it points out 

the needs of the tribes to implement the decision on their part.

One is three Indian personnel trained for and competent to provide 

effective management enforcement of all tribal fishing regulations and 

for well qualified experts in fisheries, science and management who are 

either on the tribal staff or whose services are arranged for and readily 

available to the tribes.

Now, because Judge Boldt put that language in his decision th at is 

why the BTA in March and February of this year, the U.S. Fish and 

Wildlife Service came in in behalf of the tribes and requested this 

$690,000 to allow the tribes to meet the conditions of the decision so 

that they could implement it,

I would offer this into the record because it shows the basis for the 

Government and the tribes coming in and asking for this $690,000 

which is a sole source of funding for the tribes. The tribes have no 

other source of funding other than that $690,000. When you talk about 

the game department, you are talking about a number of existing 

federally authorized sources of funding additional to their regular 

State level sources of funding.

Senator Metcalf. Thank you.

Now, that Library of Congress compendium will go into the file to 

the committee as a part of the file of this committee and I would ask 

some of the members of the staff to examine it and if there are relevant 

quotations from it that are appropriate to this hearing they—unless 

there is an objection, and nobody is here to object—they will be incorporated in the committee hearing.

Mr. McMinds.

Mr. McMinds. My final comment is that the position of our treaty 

area is th at the $690,000 should go to implement the conditions and 

qualifications listed in Judge Boldt's decision on the Indians’ behalf 

because we requested the funds.

Senator Metcalf. Does that complete your statement ?

Mr. McMinds. That completes mv statement.

[The above-referred document follows:]
60

AP 261

WASH IN GTO N, D.C . 20540

THE LIBRARY OF CONGRESS 

Co ng ressi on al Research Service

AN AN ALYSIS OF UNITED STATES V. WA SHINGTON — INDIAN TREATY 

FISHING RIGHTS IN THE STATE OF WASHINGTON

By

Richard C. Ehlke 

Legislative Attorney 

American Law Division 

April 15, 1974
61

THE LIBRARY OF CONGRESS 

Co ng ressiona l Research Service

WASHINGT ON, D.C. 20540

* AN ANALYSIS OF UNITED STATES V. WASHINGTON — INDIAN TREATY

FISHING RIGHTS IN THE STATE OF WASHINGTON

In tr o d u c tio n an d B asi c P r in c ip le s

*

T his a n a ly s is in c lu d e s th e d e c is io n o f F eb ru ary 1 2, 19 74 , 

th e in ju n c tio n is su e d Ma rch 22 , 19 74 , and th e in te rim p la n and s ta y 

o rd e r adopte d by th e c o u rt on Ma rch 22 . The l a t t e r o rd e r sta y e d 

p o r tio n s o f th e F eb ru ary 12 d e c re e and th e Ma rch 22 in ju n c tio n , but 

our a n a ly s is w ill pro cee d c h r o n o lo g ic a lly in o rd e r to av o id c o n fu sio n .

T his i s a n o n -le g a l a n a ly s is and i s c o n fi n e d to th e e s s e n t ia l 

p o in ts o f th e d e c is io n in o rd e r to f a c i l i t a t e u n d e rsta n d in g by th o se n o t 

tr a in e d in th e law o r u n fa m ilia r w it h In d ia n law in p a r t i c u l a r .

U nit ed S ta te s v . W as hin gto n, C iv . No. 921 3 (D. W as h. ,

F eb ru ary 12, 1974), co n cern s th e n a tu r e and e x te n t o f o f f r e s e r v a - 

1 /

tio n f is h in g r i g h ts enjo yed by In d ia n s p u rsu a n t to t r e a t i e s e n te re d 

in to w it h th e U nit ed S ta te s Go ve rnment and how th e s e r i g h t s a f f e c t

b o th n o n -I n d ia n a cc ess to f i s h and th e s t a t e 's pow er s an d d u tie s

4

re g a rd in g r e g u la tio n o f th e f i s h e r i e s re s o u rc e .

The r i g h ts o f In d ia n s s p rin g from t r e a t i e s , w hi ch wer e

♦ u s u a lly w r itte n in E n g li sh and i n te r p r e te d in a la n g u ag e unknow n to

many t r i b a l r e p r e s e n ta tiv e s and in c a p a b le o f convey in g th e more 

s o p h is tic a te d o r im p li ed m ea ni ng o f t r e a ty p r o v is io n s . T hu s, t r e a ty

la n g u ag e i s c o n str u e d in fa v o r o f th e In d ia n s an d th e wor ds giv en a

mea ning whi ch wo uld ha ve bee n g e n e ra ll y u n d e rs to o d by th e In d ia n s a t

th e ti m e . F u rt h erm o re , t r e a t i e s a re n o t c o n sid e re d a g ra n t o f r i g h ts

1 /ln d ia n s ha ve an e x c lu s iv e r i g h t to f i s h w it h in th e a re a and bo un dar y 

w a te rs o f t h e i r r e s e r v a tio n s , a p r o p o s itio n co nce ded by a l l p a r t i e s to 

th e la w s u it.

43 -977 0 - 75 - 5
62

CRS-2

to th e In d ia n s , but a g ra n t of r ig h ts fro m th em — a re s e r v a tio n o f 

th o se n o t g ra n te d . Th es e r i g h ts of th e In d ia n s a re d is tin g u is h e d 

fro m th e p r iv ile g e s accord ed n o n -In d ia n s to f is h in s t a t e w a te rs—

p r iv ile g e s whi ch may be lim ite d o r w ithdra w n by th e s t a t e in th e ►

e x e rc is e of i t s p o li c e power as th e i n t e r e s t s of th e s t a t e o r th e

e x e rc is e of In d ia n tr e a ty f is h in g r i g h ts may r e q u ir e . The d i f f e r e n t *

r e la tio n s h ip of th e In d ia n and n o n -In d ia n to th e s t a t e as f a r as

s u s c e p t i b i l i t y to s t a t e r e g u la tio n is conce rn ed a ls o s p rin g s fro m 

th e f a c t th a t t r e a t i e s , under th e U nit ed S ta te s C o n s titu tio n (A rt. U,

C l. 2 ), a re c o n sid ere d to be th e "S uprem e Law of th e la n d ; and th e 

Ju dges of every s t a t e s h a l l be bou nd th e re b y , an y th in g in th e 

C o n s titu tio n o r laws of any s t a t e to th e c o n tr a ry n o tw ith s ta n d in g ."

The fo re g o in g a re b a s ic p r in c ip le s of In d ia n law and form 

th e u n d erp in n in g s fo r th e C o u rt’ s d e c is io n re g a rd in g th e p a r ti c u l a r 

t r e a ty r ig h ts in v o lv ed in th e c a s e . The tr e a ty la nguag e re s e rv in g 

fis h in g r ig h ts to th e p l a i n t i f f t r ib e s s t a t e s (w it h some v a r ia tio n 

among t r e a t i e s ) : "Th e r ig h t of ta k in g f i s h , a t a l l u su al and 

ac cu st om ed gro unds and s t a ti o n s is f u r th e r se cu re d to s a id In d ia n s , 

in common w it h a l l c itiz e n s of th e t e r r i t o r y . "

The C ourt h eld th a t "ev ery f is h in g lo c a tio n whe re members 

of a t r i b e c u sto m a ril y fis h e d fro m tim e to ti m e, a t and b e fo re t r e a ty 

ti m e, ho wev er d i s t a n t fro m th e th en u su a l h a b ita t of th e t r i b e , and *

w het her o r n o t o th e r t r ib e s th en a ls o fis h e d in th e same w a te rs, is

a u su al and ac cu st om ed gr ou nd o r s t a ti o n a t wh ich th e t r e a ty t r ib e
63

CRS-3

re s e rv e d , an d i t s mem bers p r e s e n tly h av e, th e r ig h t to ta k e f i s h . " 

T his a cc ess to o f f r e s e r v a tio n f is h in g a re a s i s " in common w it h a l l 

c it i z e n s of th e t e r r i t o r y , " b u t, as e x p la in e d above, th e r e la tio n s h ip 

o f th e In d ia n and n o n -I n d ia n fi sh erm an to th e s t a t e d i f f e r s s i g n i f i ­

c a n tly .

* The In d ia n s ' r ig h ts to f is h in th e s e o f f r e s e r v a tio n u su a l

and ac cu st om ed s i t e s a re n o t e x c lu s iv e and mus t be sh are d w it h 

n o n -In d ia n s . How ever, th e s t a t e can n o t d im in is h th e r i g h ts o f th e 

In d ia n s nor ca n i t r e g u la te In d ia n f is h in g to th e same d eg re e i t ca n 

n o n -In d ia n f is h in g . F u rt h erm o re , when n o n -In d ia n f is h in g i n t e r f e r e s 

w it h th e f is h in g r ig h ts o f t r e a ty In d ia n s , th e n o n -In d ia n f is h in g 

mus t be c u r ta il e d o r re g u la te d in su ch a manne r as to p re s e rv e th e 

s u p e rio r In d ia n r i g h t s . (

S ta te R e g u la ti o n

W hile In d ia n f is h in g r i g h ts a re r i g h ts d e riv e d fro m t r e a t ­

ie s w it h th e U nit ed S ta te s , and n o n -In d ia n f is h in g is a m a tt e r of

p r iv ile g e accord ed by th e s t a t e , th e law p r e s e n tly re c o g n iz e s a

li m ite d powe r of th e s t a t e to r e g u la te In d ia n f is h in g . The s t a t e

4

has th e power to r e g u la te o ff r e s e r v a tio n f is h in g " to th e e x te n t 

re a so n a b le and n e c e ssa ry fo r c o n se rv a ti o n o f th e r e s o u r c e ." 2 /

2j Ju dg e B old t q u e sti o n e d th e le g a l re a so n in g of c a se s whi ch ha ve 

all ow ed ev en t h is much s t a t e r e g u la tio n of a tr e a ty c re a te d r i g h t , 

b u t f e l t co m pel le d to fo ll o w th e h o ld in g s o f th e Supre me C ourt c a se s 

whi ch ha ve p e rm it te d s t a t e s to r e g u la te In d ia n t r e a ty f is h in g fo r 

c o n se rv a ti o n p u rp o se s.
64

CRS-4

Co n se rv ati o n means th e p e rp e tu a tio n o f th e f i s h e r ie s re so u rc e ; 

" re a s o n a b le " means " th a t a s p e c if i c a l ly i d e n tif ie d c o n se rv a ti o n 

m ea su re i s a p p ro p ria te to i t s p u rp o se "; an d, "n e c e ssa ry " means 

" th a t su ch purp ose in a d d it io n to b ein g re aso n a b le must be e s s e n t ia l 

to c o n s e rv a tio n ." In so re g u la ti n g fo r th e p u rp o se s of c o n se rv a ti o n , 

th e s t a t e can not d is c rim in a te a g a in s t th e In d ia n s . F urt h erm o re , th e

s t a t e mus t fin d th e l e a s t r e s t r i c t i v e means o f r e g u la ti n g In d ia n 

fis h in g in th e i n t e r e s t o f c o n s e rv a ti o n , i t must p u b li sh su ch re g u la ­

tio n s s e p a ra te ly fro m g e n e ra ll y a p p li c a b le f is h in g r e g u la tio n s , an d, 

i t b e a rs th e burd en o f e s ta b lis h in g th a t su ch re g u la ti o n s mee t th e 

ab ov e s ta n d a rd s . The r e s t r i c t i o n s on s t a t e r e g u la tio n s apply to th e 

ty pe of g ear th e In d ia n s may em plo y as w ell as to su ch th in g s as th e

tim e d u ri n g whi ch th ey may f i s h .

The ab ov e i s th e fra mew ork w it h in whi ch s t a t e r e g u la ti o n

of o f f r e s e r v a tio n In d ia n t r e a ty f is h in g mus t o p e ra te . Any re g u la ti o n s

must be s p e c if i c and th ey mu st be pro m ulg ate d in accord ance w it h th e

W as hi ng to n A d m in is tr a ti v e Pro cedure A ct. Above a l l , in pro m u lg ati n g

and e n fo rc in g r e g u la tio n s , th e s t a t e mus t " t r e a t su ch t r e a ty r ig h ts

as an o b lig a tio n and i n t e r e s t to be pr om oted in th e s t a t e 's re g u la to r y ,

ma nag ement and p ro p a g a ti o n p ro g ra m s." The C ourt r e it e r a t e d th e n a tu re

and sc ope o f th e se t r e a ty r ig h ts in i t s C on clu sio n s o f Law:

The r ig h t se cu re d by th e t r e a t i e s to th e P la in ­

t i f f t r ib e s is a re se rv e d r i g h t , which i s li n k e d to 

th e m ar in e and fre s h w a te r a re a s whe re th e In d ia n s 

fis h e d d u rin g tr e a ty ti m e s, and which e x is ts in p a rt 

to p ro v id e a volum e of f is h which i s s u f f i c ie n t to
65

CRS-5

the fair needs of the tribes. The right is to be 

exercised in common with non-Indians, who may take 

a share which is fair by comparison with the 

share taken by the tribes. Neither the Indians 

nor the non-Indians may fish in a manner so as to 

destroy the resource or to preempt it totally.

The right secured by the treaties to the

Plaintiff tribes is not limited as to species of 

fish, the origin of fish, the purpose or use, or the 

» time or manner of taking, except to the extent

necessary to achieve preservation of the resource 

and to allow non-Indians an opportunity to fish in 

common with treaty right fishermen outside the 

reservation boundaries.

The Court declared current state laws and regulations regard 

ing off reservation fishing by Indians unlawful because, 1) they have 

not been established to be necessary to preserve and maintain the 

resource; 2) they discriminate against the tribes; and 3) they have 

been adopted and enforced in violation of appropriate standards and in 

derogation of the meaning and purposes of the treaty provisions.

State laws and regulations pertaining to game fish "which reserve the 

entire harvestable portion of a species of fish for a special interest 

and purpose discriminate illegally against the treaty Indians." 

Furthermore, Department of Fisheries regulations providing for special 

# seasons and limitations on takes of fish by the members of certain

treaty tribes were held to not fully protect the treaty fishing rights

of the Indians.

Fish Allocation Formula

The Court outlined considerations which must enter into

state schemes of allocation of the fisheries resource among Indian
66

CRS-6

tr e a ty fi sh erm en and n o n -I n d ia n fi sh erm en a t o f f re s e r v a tio n s i t e s .

In o rd e r to b e tt e r v is u a liz e th e C o u rt's r u lin g re g a rd in g 

th e r e s p e c tiv e a llo c a tio n of f is h be tw ee n In d ia n and n o n -In d ia n , 

fis h in g s i t e s in th e s t a t e ca n be d iv id e d in to th re e c a te g o r ie s :

On r e s e r v a tio n w a te rs ; o f f r e s e r v a tio n a re a s whi ch a re and ha ve be en 

u su al and ac cu st om ed p la c e s fro m whi ch In d ia n s ta k e f is h ( r i g h ts to 

which flow fro m t r e a t i e s , but which a re enjo yed " in common w it h " 

o th e r c it i z e n s o f th e s t a t e ) ; and, a l l o th e r o f f r e s e r v a tio n a re a s 

n o t p a r t of th e u su a l an d ac cu stom ed In d ia n f is h in g s i t e s . The 

fis h in g r ig h ts o f t r e a ty In d ia n s on th e r e s e r v a tio n a re e x c lu siv e 

and n o t s u b je c t to re g u la tio n by th e s t a t e . T h e re fo re , any f is h

ta ken on th e r e s e r v a tio n a re n o t to be in c lu d e d in th e a llo c a tio n of

f is h be tw ee n t r e a ty and n o n -tre a ty fi sh erm en a t th e o ff r e s e r v a tio n 

u su al and ac cu st om ed p la c e s .

The t r e a t i e s e x p re s s ly re se rv e d c e r t a i n fis h in g r ig h ts a t 

o ff r e s e r v a tio n u su a l and ac cu stom ed p la c e s and th e s e r ig h ts a t 

l e a s t in c lu d e th e r ig h t to enough f is h f o r p e rso n a l s u b s is te n c e and 

r e lig io u s cere m o n ie s. 3/ To p re se rv e th e s e tr e a ty r i g h t s , th e C ourt 

foun d th a t " th e ta k in g o f f is h fo r cere m o n ia l an d s u b s is te n c e p urp ose s 

has a s p e c ia l t r e a ty s ig n if ic a n c e d i s t i n c t fro m and s u p e rio r to th e 

ta k in g of f is h fo r co m m er ci al p u rp o se s and th e r e f o r e f is h ta k en to

3/ The C ourt vi ew ed th e ev id en ce as sh ow in g "b ey on d doubt th a t 

a

t 

tr e a ty tim e th e o p p o rtu n it y to ta k e f is h fo r p e rso n a l su b s is te n c e and 

r e lig io u s cere m onie s was th e s in g le m a tt e r o f utm ost conce rn to a l l 

tr e a ty t r ib e s and t h e i r m em be rs."
67

CkS-7

se rv e cere m o n ia l and s u b s is te n c e nee ds s h a l l n o t be counte d in th e

sh a re o f f is h th a t t r e a ty r ig h t fi sh erm en ha ve th e o p p o rtu n it y to 

ta k e ." T hu s, r ig h ts to both f is h ta k en on th e r e s e r v a tio n and f is h 

ta ken o f f th e r e s e r v a tio n a t u su a l and ac cu st om ed p la c e s fo r p e rso n a l

s u b s is te n c e and r e lig io u s cere m onie s a re re se rv e d e x c lu s iv e ly to th e 

tr e a ty In d ia n s and a re n o t in c lu d e d in th e a ll o c a t io n th e s t a t e makes 

p u rsu a n t to th e " in common w it h o th e r c it i z e n s " c la u s e s o f th e 

t r e a t i e s . The s t a t e may r e g u la te f is h in g fo r s u b s is te n c e and c e re ­

m onia l p u rp o se s a t o ff r e s e r v a tio n s i t e s , how ev er , b u t su ch re g u la tio n s

must be e s ta b lis h e d to be re a so n a b le and n e c e ssa ry fo r c o n s e rv a ti o n 

( e . g . , p re s e rv in g s u f f i c i e n t sp aw ni ng escap em en t) .

The f is h which a re l e f t a f t e r th e on r e s e r v a tio n c a tc h and

th e o f f r e s e r v a tio n c a tc h fo r s u b s is te n c e and c ere m o n ia l p u rp o se s a re

d e d u cte d , mus t be sh are d e q u a ll y by In d ia n and n o n -In d ia n fi sh erm en

a t th e o f f r e s e r v a tio n s i t e s . How ever, th e C ourt re co g n iz e d th e

d i f f i c u l t y of p r e c is e a llo c a tio n an d p a r t i c u l a r l y n o te d th e f a c t th a t

s u b s ta n tia l nu mbers of f i s h , many of w hi ch m ig ht o th e rw is e re ach th e

u su a l and ac cu st om ed f is h in g s i t e s o f th e t r e a ty t r i b e s , a re cau g h t

in a d ja c e n t a re a s p rim a rily by n o n - tr e a ty r i g h t fi sh e rm e n . The C ourt 

s ta te d t h a t th e se c a tc h e s "re d u ce to a s i g n i f i c a n t b u t n o t s p e c i f i c ­

a ll y d e te rm in a b le e x te n t th e nu mber of f is h a v a ila b le f o r h a r v e s t by 

t r e a ty r i g h t fis h e rm e n ." I t th u s e n la rg e d th e sc ope o f th e f is h

re so u rc e whi ch mus t be a llo c a te d in o rd e r th a t In d ia n and n o n -In 4 ia n

sh a re e q u a ll y th e f is h fro m o f f r e s e r v a tio n s i t e s . Not o n ly mus t

In d ia n and n o n -In d ia n sh a re th e h a r v e s ta b le f is h (th o se f i s h l e f t
a f t e r th e In d ia n s ' s u b s is te n c e and cere m o n ia l nee ds and th e re q u ir e d 

sp aw ni ng es ca pem en t n e c e ssa ry fo r c o n se rv a ti o n a re m et) a t u su a l and 

ac cu st om ed o ff r e s e r v a tio n p la c e s , but "a n a d d itio n a l e q u it a b le 

a d ju stm e n t" mu st be made " to co m pe ns ate t r e a ty t r ib e s fo r th e 

s u b s ta n t ia l ly d is p r o p o r tio n a te numb ers o f f i s h , many o f which m ig ht 

o th erw is e be a v a ila b le to t r e a ty r ig h t fi sh erm en fo r h a r v e s t, cau ght 

by n o n -tre a ty fi sh erm en in m ar in e a re a s c lo s e ly a d ja c e n t to but 

be yond th e t e r r i t o r i a l w a te rs of th e s t a t e , o r o u ts id e th e j u r i s d i c ­

tio n of th e s t a t e , alt h o u g h w it h in W as hi ng to n w a te r s ."

In sum ma ry, th e a c c e ss r ig h ts of t r e a ty In d ia n and no nt r e a ty fi sh erm en to f is h in g s i t e s in th e s t a t e ca n be bro ken down as

f o llo w s :

T re aty I n d ia n : 1) e x c lu siv e r i g h t to f is h on th e r e s e rv a ­

ti o n w it h o u t any s t a t e r e g u la tio n ; 2) r ig h t to ta k e f is h fro m a l l 

u su a l and ac cu st om ed o f f - r e s e r v a tio n s i t e s n e c e ssa ry fo r p e rso n a l 

s u b s is te n c e and cere m o n ia l p u rp o se s, s u b je c t only to s t a t e re g u la ti o n 

deemed n e c e ssa ry f o r c o n s e rv a tio n ; 3) r i g h t to 50% o f th e r e s t o f th e 

f is h fro m a l l u su a l and ac cu st om ed o f f r e s e r v a tio n s i t e s ; and 

4) r ig h t to an e q u it a b le a d ju stm e n t in numb er o f f i s h al lo w ed to be

ta k en a t u su a l and ac cu st om ed o f f r e s e r v a tio n s i t e s beca use of d i s ­

p ro p o rtio n a te am ount which i s ta ken by n o n -In d ia n fi sh erm en a t

a d ja c e n t a re a s whi ch p re v e n ts f is h fro m e n te r in g o f f re s e r v a tio n 

s i t e s of th e tr e a ty In d ia n s . As f a r as o f f r e s e r v a tio n w ate rs whi ch 

a re not u su a l and ac cu st om ed p la c e s fo r In d ia n f is h in g a re co n cern ed ,
69

CRS-9

In d ia n c it i z e n s a re acc ord ed th e same p r i v i l e g e s — and s u b je c t to

th e same r e g u la ti o n s — as n o n -In d ia n fi sh e rm e n .

N on-T re at y F is herm en: 1) no r ig h t to f is h on In d ia n

4

r e s e r v a tio n s ; 2) " r ig h t" to 50% of h a rv e s ta b le f is h fro m a l l u su al

and ac cu st om ed o f f r e s e r v a tio n s i t e s . As w it h th e In d ia n s , t h i s is

» s u b je c t to s t a t e r e g u la tio n fo r p u rp o ses o f c o n s e rv a tio n , but eq u al

s h a rin g w it h th e t r e a ty In d ia n s mus t be m a in ta in e d . F u rth e r, non - 

In d ia n a c c e s s cannot be c o n sid ere d a r ig h t s in c e i t do es not flow

fro m a t r e a ty o r agre em en t w it h th e govern m ent; i t i s a p r iv ile g e

acc ord ed fi sh erm en by th e s t a t e ; 3) a c c e s s to a l l o th e r f is h in g 

s i t e s , s u b je c t to r e g u la tio n by s t a t e and e q u ita b le a d ju stm en t

sp ok en « f in 4 ) , ab ove.

The In d ia n r ig h ts o u tli n e d by th e C ourt do n o t d is tin g u is h 

be tw ee n s p e c ie s o f f i s h , i . e . , fo od f i s h , game f i s h . How ev er, th e 

C ourt d id n o te t h a t , in lin e w it h a re c e n t U nit ed S ta te s Supre me 

C ourt case in v o lv in g game f is h ( s t e e l h e a d ) , th e s t a t e may make a 

d i s t in c t io n be tw ee n n a ti v e and p ro p a g ate d game f is h in a ll o c a t in g 

f is h to o f f r e s e r v a tio n t r e a ty r i g h t and to n o n - tr e a ty r i g h t f i s h e r - 

* men. I t l e f t t h is d e te rm in a ti o n i n i t i a l l y to th e s t a t e c o u r ts ,

ho w ev er . The C ourt a ls o d id n o t t r e a t in d e t a i l th e co m m er ci al

f is h in g r ig h ts o f t r e a ty In d ia n s , b u t i t fo un d th a t In d ia n s d id f is h

►

fo r co m m er ci al p u rp o se s a t and p r i o r to th e tim e th e t r e a t i e s we re 

made and ha ve th e r ig h t to do so now and in th e f u tu r e . I t s t a t e d , 

th ough, th a t " i f and when any q u e s ti o n is r a is e d by any p a rty p e rta in in g to co m m er ci al f is h in g by I n d ia n s , i t w ill be heard and 

d ete rm in ed by th e C o u rt. "
70

CRS-10

T rib a l S e lf -R e g u la ti o n

A no th er im p o rt an t a sp e c t of th e c ase was th e C o u rt's 

re c o g n it io n of and p ro v is io n fo r s e l f - r e g u l a t i o n o f o f f re s e rv a tio n 

fis h in g by th e tr e a ty In d ia n s (on r e s e r v a tio n f is h in g i s , o f c o u rse , 

n o t s u b je c t to s t a t e r e g u la tio n and i s a lr e a d y under th e c o n tr o l of

w

th e t r i b e s ) . N oti ng re c e n t C o n g re ss io n al in te n t to en ha nc e t r i b a l 

se lf -g o v ern m en t and th e p a r ti c u l a r s ig n if ic a n c e o f fis h in g r ig h ts to 

In d ia n s , th e C ou rt h eld th a t th e p l a i n t i f f t r ib e s a re e n t i t l e d to

e x e rc is e t h e i r govern m enta l po we rs by re g u la tin g th e tr e a ty r ig h t 

fis h in g o f t h e i r mem bers w it h o u t any s t a t e r e g u la tio n p ro v id ed th ey 

me et c e r ta in q u a li f i c a ti o n s and c o n d it io n s .

- To q u a lif y fo r s e l f - r e g u l a t i o n , a t r i b e must have:

1) Com pe tent and re s p o n s ib le le a d e r s h ip .

2) W ell o rg a n iz ed t r i b a l go ve rn m en t re aso n a b ly 

co m pet en t to pro m ulg ate and ap p ly t r i b a l o ff 

r e s e r v a tio n fis h in g r e g u la tio n s t h a t , i f 

s t r i c t l y e n fo rc e d , w ill n o t a d v e rse ly a f f e c t

c o n s e rv a tio n .

3) In d ia n p e rso n n e l tra in e d f o r and co m pet en t to *

p ro v id e e f f e c ti v e enfo rc em ent of a l l t r i b a l

f is h in g r e g u la tio n s .

A) W ell q u a lif ie d e x p e rts in fis h e r y sc ie n c e and 

ma nageme nt who a re e it h e r on th e t r i b a l s t a f f 

o r wh ose s e r v ic e s a re a rr a n g e d fo r and r e a d ily

a v a ila b le to th e t r i b e .
71

CRS-ll

5) An officially approved tribal membership

roll.

6) Provision for tribal membership certification, with individual identification by

photograph, in a suitable form that shall be

carried on the person of each tribal member

when approaching, fishing in or leaving

either on or off reservation waters.

Furthermore, as a condition to self-regulation, a tribe

mu st :

1) Provide for full and complete tribal fishing

regulations which, before adoption, have been

discussed in their proposed final form with

Fisheries and Game, and include therein any

state regulation which has been established to

the satisfaction of the tribe, or upon hearing

by or under direction of this Court, to be

reasonable and necessary for conservation.

2) Permit monitoring of off reservation Indian

fishing by Fisheries and Game to the extent

reasonable and necessary for conservation.

3) Provide fish catch reports, as to both on and 

off reservation treaty right fishing, when 

requested by Fisheries or Game for the purpose 

of establishing escapement goals and other

reasonable and necessary conservation purposes.
12

CRS-12

The qualifications and conditions for self-regulation must

be established to the satisfaction of both Fisheries and Game, or

the Court. As can be seen, the qualifications and conditions are 

designed to effectuate not only tribal self-government by the treaty 

Indians but also the state's interest in the regulation of the 

fisheries resource necessary for conservation.

Miscellaneous

The plaintiff tribes held to have treaty fishing rights 

as declared by the Court (either because they were signatories of 

treaties or have been subsequently recognized by Congress as parties 

to treaties) were the Hoh, Lurami, Makah, Muckleshoot, Nisqually,

Puyallup, Quilente, Quinault, Sauk-Suiattle, Skokomish, Squaxin

Island, Stillaquamish, Upper Skagit River, and Yakima. Of course,

the principles of law established by the Court are applicable to

other tribes which share the status of the plaintiff tribes.

The geographical area encompassed by the decision is 

"that portion of the state of Washington west of the Cascade 

Mountains and north of the Columbia River drainage area, and includes

*

the American portion of the Puget Sound watershed, the watersheds

of the Olympic Peninsula north of the Grays Harbor watershed, and 

the offshore waters adjacent to those areas." The Court's decision

included lengthy and detailed factual findings regarding the treaty

status of the tribes, the negotiation of the treaties, fishing

practices before and after execution of the treaties, and other
73

CRS-13

a n th ro p o lo g ic a l and h i s t o r i c a l d a ta on th e t r ib e s and th e a r e a . The

p o lic ie s and p r a c tic e s of th e W as hi ng to n D ep ar tm en t of F is h e r ie s and

Dep ar tm en t o f Game wer e a ls o ex am in ed in d e t a i l .

The C ou rt s e p a ra te d th e I n d ia n s ' c la im s fo r r e l i e f co nc e rn in g a ll e g e d d e s tr u c tio n o r im pai rm en t o f t r e a ty r ig h t f is h in g

du e to s t a t e a u th o r iz a tio n of (o r f a i l u r e to p re v e n t) lo g g in g and

o th e r in d u s t r ia l o b s tr u c tio n and p o llu tio n o f tr e a ty r ig h t str e am s

fo r l a t e r c o n s id e r a tio n . I t a ls o re se rv e d c o n ti n u in g j u r i s d i c t i o n

to im plem en t th e d e c is io n and p ro v id e h e a rin g s and d e te rm in a ti o n of

q u e sti o n s which may a r is e in th e f u tu r e . To f a c i l i t a t e s o lu tio n

among th e p a r ti e s of fu tu re pro b le m s, and a id th e C ourt in te c h n ic a l

f i s h e r ie s m a tte r s , th e C ou rt ap p o in te d a m a s te r, R ober t C ooper , and

a f is h e ry sc ie n c e and manag em ent e x p e r t, R ic hard W hitney .

The a c c o u n ti n g fo r and r e tu r n o f In d ia n fis h in g g e ar

se iz e d o r dam aged by th e s t a t e p u rsu a n t to s t a t u t e s , r e g u la tio n s o r

p r a c tic e s h e ld un la w fu l by th e C o u rt , o r th e v a lu e o f su ch g e a r, was

a ls o o rd e re d by th e C o u rt .

In te rim P la n and Sta y O rd er o f March 22, 1974

On March 22, 19 74 , th e C ourt o rd e re d an in te rim p la n to be 

p la ced in e f f e c t an d in so d o in g , sta y e d th o se p o rtio n s of th e 

Febru ary 12 , 1974 d e c is io n and d e c re e , and th e su b se q u e n tl y is su e d

in ju n c tio n e n fo rc in g th a t d e c re e , whi ch a re in c o n f li c t w it h th e

in te rim p la n . The in te rim p la n d id n o t a l t e r th e r ig h ts d e c la re d 

by th e C ourt to b elo ng to tr e a ty In d ia n s , b u t m o d if ie d th e d u tie s of
74

CRS-14

bo th th e In d ia n s and th e s t a t e so mew ha t, in o rd e r th a t th e r ig h ts of 

th e In d ia n s and th e r e s p o n s i b i l i t i e s o f th e s t a t e may e v e n tu a ll y be 

f u lly r e a liz e d . T rib e s wh ich a re d ete rm in ed to be s e lf - r e g u la tin g 

un de r th e q u a li f i c a ti o n s and c o n d it io n s e s ta b lis h e d by th e Cou rt and 

d e sc ri b e d ab ov e a re not bou nd by th e in te rim p la n .

The in te rim p la n c a l l s fo r :

1) E f f e c tiv e Ju ne 1, 19 74 , a l l o f f r e s e r v a tio n 

f is h in g a re a s in th e c ase a re a a re clo sed to 

In d ia n tr e a ty fis h in g ex cep t to th e e x te n t

th a t t r ib e s adopt and f i l e w it h th e C ou rt 

and th e d e fe n d a n ts ( s t a t e ) t r i b a l re g u la ti o n s 

fo r th e f is h in g a c t i v i t i e s o f t h e i r members

and sp e c if y in g th e a re a s to be op en ed to

f is h in g by t r i b a l me mb ers . In d ia n s who f is h

n o t in acc o rd an ce w it h th o se t r i b a l r e g u la ­

tio n s a re s u b je c t to th e same p ro v is io n s of

s t a t e law as n o n -I n d ia n fi sh e rm e n .

2) B io lo g is ts of both th e t r i b e s and th e s t a t e 

s h a l l mee t to fo rm u la te g e n e ra l p r in c ip le s 

to be u t i l i z e d as g u id e lin e s to be f le x ib ly 

a p p li e d in th e ad o p ti o n of s p e c if i c fis h in g 

re g u la t io n s .

3) The t r ib e s s h a ll g iv e th e s t a t e an o p p o rt u ­

n ity to meet w it h and c o n fe r w it h t r i b a l
r e p r e s e n ta tiv e s on th e s u b je c t o f f is h in g 

r e g u la ti o n s b e fo re th ey a re f i l e d w it h th e

C o u rt.

The s t a t e i s a u th o riz e d to adopt and e n fo rc e

w it h th e t r i b e s ' ap p ro v al t r i b a l re g u la tio n s

as s t a t e r e g u la tio n s as to mem bers o f th e

t r ib e in q u e sti o n w it h o u t th e n e c e s s ity o f

e s ta b lis h in g th a t su ch r e g u la tio n s a re

n e ce ssa ry fo r c o n s e rv a tio n . The Febru ary 12

d e c is io n had re q u ir e d su ch a sh ow ing by th e

s t a t e in a l l in s ta n c e s .

The s t a t e w ill make s i g n i f ic a n t re d u c ti o n s in

th e n o n -I n d ia n f is h e r y , as a re n e c e ssa ry to

ach ie v e th e u lti m a te o b je c tiv e s o f th e

F ebru ary 12 d e c is io n . M ath em ati cal p r e c is io n

is n o t re q u ir e d , b u t in mak ing r e d u c tio n s ,

th e s t a t e must do so c o n s is te n t w it h th e

concept of p e rm itti n g th e f u l l h a r v e s t of f i s h .

The s t a t e w ill m o n it o r th e f is h c a tc h , th e

r e s u l ts an d s t a t i s t i c s from whi ch s h a ll be use d

in c o n sid e rin g th e re g u la to ry p a tte r n fo r th e

fo ll o w in g y e a r.

A ll p a r ti e s s h a l l ex ch an ge a l l a v a ila b le d a ta

c o n cern in g s i z e , ti m in g and c o n d it io n o f f is h
76

CRS-16

uns an d th e c u r r e n t l e v e l o f h a r v e s t an d

is c a p e m e n t in re sp o n s e to r e a s o n a b le r e q u e s ts

in o r d e r to a s s i s t th e p a r t i e s in c a r r y in g

u t t h e i r r e s p o n s i b i l i t i e s .

R ic h a rd C. E h lk e 

L e g i s l a t i v e A tt o rn e y 

A m er ic an Law D iv is io n 

A p r il 15 , 1974
77

Senator Metcalf. Mr. Adams.

Mr. Adams. Mr. Peterson is your next man.

Senator Metcalf. Mr. Peterson, you are up.

STATEMENT OF CHARLES PETERSON, NORTHWEST INDIAN 

FISHERIE S COMMISSION

Mr. Peterson. My name is Charles Peterson of Makah Indians and I 

am a member of the Commission. I feel the same way as the rest of the 

Commission, of course, that the money that has been appropriated by 

Congress was appropriated for the purpose of expediting Judge

Boldt's decision. I don’t think I will go into too many details except 

tha t I firmly believe that it would be wrong for the Congress or the 

Government to give the State more money to oppose us in our efforts to 

try to realize something that was actually promised in the treaty.

I think it has taken us a long time to get to this particular position 

and we were really proud and happy to have the decision t hat Boldt 

rendered in his Fisheries case.

We thought that it would bring the people back up into an economic 

state where they would be happy but it seems like every time we turn 

around, the State has some definite barrier to which we have to fight.

Since we have gone from home the last couple days attending 

meetings, why they are posing more failures in our absence. We are 

constantly on the telephone trying to work things out so t hat we can 

do a little bit more fishing this year and realize a small percentage tha t 

we got under the Boidt decision.

We are hoping that your committee will understand this and probably convey to Mr. Greenwalt, who we don’t oppose, the necessary 

language tha t the money was actually appropriated for the Indians 

and should be used for their benefit.

We have heard Mr. Reed this morning mention a meeting that we 

have set up in Seattle or in Tumwater for Monday. T think that my 

own personal opinion of the meeting is th at it is just a token meeting. 

I hardly believe th at they will even consider what we proposed as to 

how this money should be spent.

We have had the opportunity to meet with one of their regional 

directors and he told us in no short words that nothing that we 

could do would change his attitude, that as far as he was concerned, 

the money was to be allocated to the State.

So we immediately became quite concerned.

Senator Metcalf. Let me interrupt.

If Attorney General Saxbe would permit me to wager. I would 

be willing to make a bet when Senator Abourezk sends a member of 

his staff down, it is going to be more than a token meeting.

Mr. Peterson. Thank you very much. With that I will sign off.

Senator Metcalf. Now, Mr. Adams.

STATEMENT OF HANK ADAMS. NORTHWEST INDIAN 

FISHER IES COMMISSION

Mr. Adams. Yes*; in the statement that we have submitted for the 

record, including a background statement on makeup of the Northwest In dian Fisheries Commission and the member tribes, we do take

43-97 7 0 - 75 - 6
78

the position th at we are not opposing Lynn Greenwalt’s nomination, 

but that we strenuously object to plans and policies to which personnel 

in the Department of the Interior have committed themselves and 

apparently it wouldn’t matter who was the director of the Fish and 

Wildlife Service.

I think that the Fish and Wildlife Service are failing to understand their own rule in relationship to In dians and failing to understand the Indians’ relationship to the resources tha t the tribes retained under the several treaties in the Pacific Northwest.

I have here a copy of the Department of the Interior’s Department Manual, part 501, chapter 2, which spells out the relationship 

between the Fish and Wildlife Service and the Bureau of Indian 

Affairs. It says that the Fish and Wildlife Service shall be the technical assistants to the Bureau of Indian Affairs in carrying out its 

trust responsibilities to the Indian tribes and their resources.

It does make reference to—I mean, for instance, off-reservation 

treaty fishing rights. It doesn't exclude the Fish and W ildlife Service 

from having a direct relationship to Indians and their resources but 

at this point they are asserting that they are wholly independent of 

their trust responsibilities that the Department of the Interior and 

the whole of the U.S. Government has to Indian tribes.

I think that if Mr. Greenwalt is confirmed and he has been in the 

office for some time already, that he should review tha t departmental 

manual and more or less clear up in his own mind what his role and 

responsibilities for Indians and Indian resources are.

For the committee file, I would like to submit a map prepared by 

the Department of the Interior which does show the various treaty 

areas in the extensive amounts of resources that are still possessed 

by Indian tribes in the State of Washington and its vast water areas, 

its substantial land areas, and its considerable amounts and numbers 

of fish resources.

Senator Metcalf. While you have the map up there would you 

point out that area that Mr. McMinds suggested was covered by the 

Boldt decision.

Mr. Adams. Mr. McMinds will point it out.

Mr. McMinds. This area here. [Indicating green and yellow area.] 

It includes Grays Harbor. This area here. Puget Sound and Olympic 

Peninsula.

Senator Metcalf. And the area that you traced up there, is that 

the Columbia River?

Mr. McMinds. The Columbia is here. Grays Harbor is here, just 

south of the colors, into the center of the mountains back over following the International Boundary out to-----

Senator Metcalf. Along Puget Sound and along the coast down to 

Grays Harbor, there.

Mr. Adams. There is another case of the United States versus the 

State of Oregon involving the Columbia River and part of the 

$690,000 was requested to service the Columbia River tribes, a budget 

amount of $140,000 was requested to provide the management services 

to eastern Washington and some Oregon tribes.

So, that is affected as well because, in fact, the tribes do have considerable fish and water resources, both under their exclusive control 

and under their shared control.
79

We cannot un derst and how the U.S. Fish and W ild lif e Serv ice or 

any of the sister agencies like Na tional Marine Fisheri es Sciences 

Services can ig nore these m ajo r resources. T hey have cre ate d a vacuum 

of responsi bility when it comes to the Indian -re lated resources, when 

I don't think this Congress should tol era te th at and I do n't think the 

Gov ernmen t of the Un ite d S tates can tolera te it.

In the matter of the funds and the processes th at have brou gh t us 

« here tod ay. I will go throug h a chronology of wh at happened in the

requ est for the fun ds and the ultim ate plan to dive rt them away 

from those origin al purposes to the State agencies.

The initiation was the Ju dg e Bol dt decision and he said th at the 

• trib es had to have th ei r own man age ment, professional , technical

services ava ilab le to them , or under th eir own staffing, in orde r th at 

they could implement it and ca rry out its decision free fro m State 

inte rferences ne gatin g the benefits of the Bol dt decision and adv ancin g 

the plans and objectives of th e I nd ian tribes.

So the Burea u of In dian Aff airs and the U.S. Fish and W ild life 

Serv ice did prepare a statem ent of request based upon an identification of existing needs amo ng the tribes themselves. On March 29 

there was an interdep artm en tal briefin g here in Wash ing ton , D.C., 

in which these amo unts, thes e figures, abo ut $1.9 million was sta ted 

by the Burea u of In dian Affairs as the amount needed to help the 

tribes in their developm ent of th ei r gov ernmental capacit y and the 

U.S . Fi sh a nd W ild life Serv ice identified t his $690,000 as the amount 

needed to service the tec hnical assistance, biological needs.

Now, these fund ing amounts were the n carried to the Office of 

Management and Budget and to the Whit e House. Th ey were pa red 

down on the In dian BIA are a to $1.5 million and th at request was 

sent over here to Congress. Th e $690,000 was d ete rmine d by the Office 

of Management and Budget as the amo unt being bare-boned alr eady 

and could n't be cut. So the y sub mitted the request over here fo r 

$690,000 for th e technical services fun ds.

Se na tor Metcalf. May I in terrup t just a mom ent?

So the b udget came up and you ha d the $690,000 fro m the Office of 

Management and Bu dget and it went to the var iou s ap prop ria tio n 

committees to the House and Sen ate. Now, did you pa rticip ate in d iscussions or prep aration of mate ria l befo re those ap prop ria tio n 

committees ?

Mr. Adams. Yes. A numb er of tribes did work on the prep aration 

and th is is the key point. Senator . Mr. Nat Reed sat here this mo rning an d told the S enato rs th at he didn 't know w hat the St ate pla nned 

to do with the money, wha t the basis of th eir requests were, an d he 

told us at the W hit e House Mo nday th at the y have not subm itte d any 

justifications or statem ent s iden tif ying the needs they were suppose dly tr yi ng to meet.

The tribes, working with the Northwest Fis herie s Pr og ram Office 

have made rep eatedly detailed pla ns for prog raming fund s and serving the e xis ting needs.

An d tho ugh we have made pla ns time and time again , and we m ade 

the basic outline for t he $690,000. now we are told th at we go t to come 

in with a pla n on Monday, th at th at is wha t the y are waitin g for. 

Actua lly, they have made a com mitment only to a m eeting f or Ind ians 

and , in this chronology . I can indicate where the y have made real 

com mitments fo r the money to th e State agencies.
80

So, this is the o nly com mitm ent Mr. Reed h as made a nd M r. Greenwa it’s service, at thi s point, now th at the money has been secured by 

the ad mi nis tra tio n by the tribes throug h the respon siveness of t he ap ­

prop ria tio ns committee and the Congress. Xow the only th in g we are 

left with is a com mitment to a meetin g and the y are left with commitment s fo r the funds.

Bu t I would make referenc e to a lette r of Au gust 23, 1974, from 

Fr an k G. Zarb, Asso ciate Dir ector of the Execu tive Office of the 

Presi dent, Office of Management and Budget, addressed to myself, 

inform ing me.

I must apologize for taking so long to acknowledge the telegram for the 

general financing of Indian fishing rights. As you probably know, we asked the 

Congress for an additional $2.49 million in 1975 to implement Judge Boldt’s 

decision. We feel that this amount is sufficient to accomplish the objectives, 

given the resources already available within the Department of the Inte rior. 

We expect this amount to be appropriated. Most of it was appropriated, and we 

did not ask for additional money for the regional solicitor in Portland because 

we believe that for the implementing of Judge Boldt’s decision should be either 

within the existing totals or should be provided by priority. Sincerely, F. Zare.

So the Office of Management and Bu dget thou gh t we were ask ing 

the Congress fo r these moneys th at we were talk ing abou t when we 

took th e request to them and had set th e figures back in the chronology 

of wh at happened is the State of Wash ing ton 's Game and Fis h 

agencies did the inte r-requ ests to the De partm ent of In te rior and 

pro bab ly Members of Congress, undoubted ly Members of Congress, 

fo r addit ion al fu nd ing for themselves to do so mething.

One justifi cat ion th at I saw, it asked for 21 law enforcement protectors, enforcement officers. On anoth er, the same justification from 

the De pa rtm ent of Game asked for one helicopter. But anyhow, they 

did make thes e requ ests and they fou nd out th at we were processing 

it, the De pa rtm en t of Interio r, Burea u of In dian Affairs, and Fis h 

and W ild life Service, were processing $690,000 as a request to the Co ngress to imp lem ent the Boldt Decision, so the y came in with sim ilar 

requests.

They asked fo r $692,000 for De partm ent of Game and $612,000 fo r 

the De pa rtm ent of Fis heries and the n the y asked for meetings with 

the De pa rtm ent of In terio r. The y asked for meetings with the Secretary of In te rior Rogers Morton , and Ca rl Krause, State Di rec tor of 

Game, flew to Wash ing ton , D.C., to meet with Secre tar y Morton, but 

th at was defer red to a later mee ting in Washin gto n State which took 

place on Ju ne 24. Th is is where the machi nation s, the political mo tivations, come int o pla y, in th at meeting on Ju ne 24th in Olym pia 

where the Secre tar y flew in without any pub lic notice and met with 

the D epartm ent o f F ish eri es and Game and w ith -----

Senator Metcalf. Wh en you say “S ecret ary ,” was th at Secre tar y 

Morton or Secre tar y R eed ?

Mr. Adams. Th at was Secre tary of the In terior Rog ers Morton .

Senator Metcalf. We talk about As sistan t Sec retaries and Un de r 

Secreta ries —th at’s why I asked you to make th at identificat ion.

Mr. Adams. X o; th is was Mr. Alorton, him self, and the St ate noted 

its objections to th e Bo ldt decision and said it was un fair. T hey stated 

their objections to In dian tribes exe rcis ing any man age ment role 

wha tsoever a nd the y s tat ed th eir ob jections to any additional fed era llv 

ope rated or India n-op erate d fish ha tch eries and in the F ish and W ild-
81

life Service’s description or memorandum report of that meeting, 

Secretary Morton did make commitments to them and did accede to 

every one of their objections.

The people who were in the room included Kahler Martinson, the 

regional director of fish and wildlife services, and some other departmental personnel, and they immediately gave a report at the meeting 

to Mr. Greenwalt so he would know what the commitments were on 

the question of hatcheries.

Now, about 2 years ago, a number of tribes asked the Fish and 

Wildlife Service for a feasibility study for a hatchery in southern 

Puget Sound and that because of some very decent, good comprehensive work tha t the Fish and Wildlife Service had done previously 

for the tribes, tha t we would get a good report.

Now, after the Secretary Morton meeting with Fish and Game, 

where they said, “We don’t want any more Indian-related hatcheries.” 

they finalized their report and they left out the bulk of 2 years’ work 

that the Fish and Wildlife Service put in there. In place of that, they 

just submitted their conclusions, the objections of the State Game Departm ent and State Fisheries Department, saying, “We are opposed 

to any Federal fish hatcheries for Indians.”

So that the quality of the work of the U.S. Fish and Wildlife Service has been severely affected by the recent development of close relationships between Secretary Morton and the Fish and Game Departments of the State.

Secretary Morton, in tha t meeting with them, said, “Yes, I must 

agree tha t multiple management never works and that we will do 

what we can through contracting of finances to the State in order tha t 

we can keep the management responsibility where it belongs, with the 

State.”

Now, this, as far as the fact that the State itself has multiple management systems besides the tribes in existence already. In this case 

area, there is the Canadian-American Management System and there 

is Federal management system outside the 3-mile limit.

So, this is an artificial issue. It is designed to prevent the tribes 

from ever getting out from under' the thumb of the State and managing their resources without State interferences. But tha t June 24 

meeting with the State was crucial and he did make commitments.

Mr. Martinson, at the regional level, accepted those statements at 

tha t meeting as the policy and commitment of the Department of the 

Interior and that is why the information was immediately communicated to Mr. Greenwalt.

As we indicate in our statement, Mr. Morton thinks a lot of Mr. 

Greenwalt. but promised the State tha t they would get to work on him 

to make certain that he was going in the right direction and that he 

knew what his position had to be in the State and so then, at tha t 

point, OMB actually had not formally requested the money at that 

time. The Interior appropriations bill had not been processed through 

the Congress and when it was finally processed, OMB. in the last 

minutes of the appropriation process, did get the request over here 

and the Congress did commit the $690,000 plus $1.3 million for the 

tribal BIA matters, apart from the direct fishery management 

question.
82

Afte r the Congress acted, you were still talking about statements 

of needs from the state plus the Indians’ $690,000, but the only money 

tha t was appropriated by this Congress was the Indians’ money. So, 

when you were talking about who gets what, we were talking about 

who gets the Indians’ money. Now, there was another meeting set up 

scheduled for August 27 in Portland, Oreg. and this was between the 

U.S. Fish and Wildlife Service and the State Departments of Fisheries and Game and the purpose of tha t meeting was to divide up 

the moneys which it seemed certain the $690,000, and India ns were 

not invited to that meeting and, in fact, what happened—some field 

staff people, who had been working directly with the tribes refused to 

participate in that process or in that meeting of dividing up the 

Indians’ funds without even divulging it to the Indians.

Also, we were able to point this out to the White House and the 

White House said “You had better be with the Indians” and so that 

means the meeting was canceled and this meeting for next Monday, 

September 23, was set up to meet with Indians and the two State, 

agencies and Fish and Wildlife Service.

Again, as I say, it’s demanded tha t the tribes come in with specifics 

and a new plan, a detailed plan, on what the tribes are going to do 

with the money, but tha t’s how the money was generated to the plans 

tha t we already prepared. The State has prepared no plans. As I 

say, the only commitment we have left at this moment is a commitment to meet with us in a meeting that we forced to come about.

There is no commitment for funds if it remains under the depa rtmental control.

Senator Metcalf. Is that meeting in 'Washington?

Mr. Adams. It’s in Washington State, in Olympia.

Senator Metcalf. Are you going to be there, Mr. Adams?

Mr. Adams. Yes; we are.

Senator Metcalf. You are all going to be there?

Mr. Adams. But even at that meeting the Regional Director, Mr. 

Martinson, who says as Mr. Greenwalt says, this morning, that he has 

the decision-making authority to decide what is done with that money. 

He tried to beg out of the meeting when we met with him previously. 

He said, “Do I have to be there ?”

They weren’t even going to put their decisionmakers in tha t meeting with us. except that we insisted “If you are going to make a commitment to a meeting, you at least ought to come to it.”

So. this is what we are dealing with. Now, we do have serious 

questions about what is going on in the Department of Interior. We 

know, as Mr. Greenwalt states in a memorandum, th at “We are dealing with a hot issue here. There is a lot of political pressure. There 

are a lot of non-Indian sports fishermen in this country. There is 

almost a million within the State of Washington, itself.” There is some 

problem in making the readjustments that Judge Boldt has decreed 

tha t the treaties command.

But, somebody is going to have to suffer those readjustments and 

what the Department is saying at this point and many people who 

have an interest in these matters, is that we just have to readjust our 

politics and readjust the law in order that Judge Boldt’s decision will 

never be implemented. So this is what we are dealing with and we 

don’t have the power, really, to protect ourselves. This is why I took
83

the Un ite d State s coming in to help us in th is case because we have 

been fig hting it fo r almost a centu ry alread y. We hav e wr itten a full 

record o f India n-wh ite relations in Wash ing ton Sta te, in the U.S. Su ­

prem e Co urt from 1905 u p throug h last year, because each elem ent of 

the rig ht and each elem ent of activ ity on the pa rt of In dian s is challenged by the Sta te.

Ju st one other thing. Not thro ug h yo ur c omm ittee file or anyth ing, 

before I close, I do think I sho uld point out some of the thing s th at 

the State departm ents and agencies have done with the moneys th at 

the y have h ad before, in the pas t.

Now, in talk in g about the Nisqu ally and Pu ya llu p Rivers in the 

State of Wash ing ton , the State has said th at the y need these Fe deral 

fun ds and the y do alr ead y have a lot of Fe deral fun ds, there is $17.4 

million in fish fun ds this ye ar ’s a pp ropriatio ns . Th ere is an ad dit ion al 

special $300,000 in ana dromous fish ap prop riation throug h Fish and 

W ild lif e Serv ice and so the y are not talk ing about a sing le source 

like we are. T his is o ur only av ailability source of fun ds, tha t $690,000.

One of the thing s the y are sayin g is th at we need to pu t tog eth er a 

lot of new da ta and we are star ting fro m a zero base on fisheries da ta 

on a l ot o f these rivers. Th is is true. T his is tr ue of the Pu ya llu p River. 

Th is is tr ue o f the N isqually Riv er.

Th is notebook here shows where they have been c ollectin g da ta. T his 

is alphab etiz ed. In th at alp ha be t is every mem ber of the Nis qua lly 

In dian Tribe , complete with pic tur es, arrest records, and all kin ds of 

inform ati on th at they have been digg ing out on In dian families .

They hav e inf orm ation sho win g th at the 44 Nisqu ally fishermen in 

1963 ave raged out an income of $533 from the fishery reso urces in a 

year, th at no n-Ind ian s took over 13 million salmon and 11 million in 

commercial fisheries and almo st 2 million in sport s fisheries and yet 

one tril>e was only ge tting $533, but the State game de pa rtm en t, the 

departm ent who is a sking money to put tog eth er figures now, not only 

dug th at out from their fish reco rds, the y wen t to the emp loyers of 

every In dian to see how much money they were e arn ing .

At Fo rt Lewis, the De pa rtm ent of the Army provide d them the incomes, mostly pa rt time, ear ned by the Nis qually Indian s. Th ere is 

welfar e sta tistic s in here tha t the State game de partm ent went o ut and 

sou ght ou t on every Nis qually In dian .

There is social sec urity inform ation pro vid ed by the Fe deral Governme nt, and there are also statem ents th at the Bu rea u of In dian 

Affairs prov ide d as to money in ind ivi du al In di an t ru st accounts.

Th is is wha t they have been wa sting th eir money on in the pas t and 

we d on't think, you know, t hat the y sho uld h ave just a bli nd c ommitment for new moneys to fight In dian s in th e future and ce rta inl y with ­

out ju stifyi ng it to everyone.

We ha d to justify th at $690,000 to the Cong ress. Th ey don’t even 

have to ju stify it to Fish and W ild lif e Service and the y get a commitment to have some of it.

Th is here is a more exh aus tive stu dy on the Pu ya llu p Tribe . Now, 

the y are sta rtin g from a zero base on th e fish resources on the P uy al lup 

Riv er system. That ’s why the y say the y need money. Now. th is goes 

throug h 55 Pu ya llu p In dian s and it goes into repo rts on how muc h 

food the fam ilies have in their cup boards, how di rty th ei r houses are, 

how clean they might lx*. It examin es questions which of the In dian
84

children are legitimate or illegitimate. It goes to say how much the 

families are spending on fuel oil and where they purchase their fuel 

oil. I t goes through the same sources to put together this information 

and again it is alphabetized and it is part of the reason why the tribes 

don't have any justifiable trust in the agencies which are about to get 

their money, to get the Indians’ money.

I wish, you know, tha t some Senators would look at some of this 

information. It ’s the type of information that have brought governments down. It ’s—it goes on with the Indians, by who does it-----

Senator Metcalf. How did you get this information, Mr. Adams?

Mr. Adams. We have been in court for 10 years.

Senator Metcalf. You got it by court order?

Mr. Adams. We got it by a discovery process.

Senator Metcalf. A discovery process in court ?

Mr. Adams. No.

Senator Metcalf. Would you mind leaving tha t so that some of us 

can examine it with the assurance that it will be returned to you in 

its entirety without any missing pages?

Mr. Adams. Yes; I would be glad to do that, Senator, and I would, 

perhaps, like to put some paperclips on a few choice pages.

Senator Metcalf. Very well. If you would call our attention to some 

of the items.

Mr. Adams. Because it does have also an expression of the attitude 

of these agencies saying that these Indians are like wild animals in 

the jungle, they don’t deserve much of anything.

Senator Metcalf. I am just directing the staff that, a fter you have 

left it here, next week, I hope, it will be called to my attention and 

some of us will be permitted to look through it. It's the kind of thing 

that maybe Senator Ervin, in his right of privacy bill, has been complaining and objecting about for a long, long time and it is something that should be a matter of grave concern. I don’t know whether 

it is a matter of concern with respect to Mr. Greenwalt’s confirmation 

or not, but it’s a matter of concern for us that this sort of material 

is being compiled and this procedure is going on.

Mr. Adams. Yes. OK. We would appreciate it.

Senator Metcalf. If you want to put some tabs in or some p aperclips, or something, that would be helpful.

Mr. Adams. OK. Well. I think I will check to see if any of the other 

Commission members have additional remarks and then I am fairly 

well through. I would make two more submittals to the record and 

one is a letter from the Puyallup Tribe to the regional director dated 

August 21. dealing with those questions of the hatchery, the feasibility study, and then an article that was carried by the Seattle P.I. 

a few weeks ago relating to State actions in the implementation of 

the Boldt decision.

Senator Metcalf. And those will be incorporated into the file, unless we find that excerpts are necessary for the completion and the 

understanding of the entire record and in that case they will be 

incorporated.

Mr. Petersox. I don’t think we have anything else, Senator Metcalf, and we wish to thank you very much for the time your Commission has given us to present our problems here before you.
85

Senator Metcalf. We are delighted to have you here. We are always glad to have Mr. Adams here. He has been before the committee before and his usual articulate and eloquent presentation is 

appreciated.

Mr. Adams. Thank you, Senator.

Senator Metcalf. Thank you, again.

The committee will be recessed subject to the call of the two respective chairmen, Senator Jackson and Senator Magnuson, at which 

time we will examine financial reports in closed Executive Session.

[Whereupon, at 1:10 p.m. the committee recessed.]

A P P E N D I X E S

A ppe n d ix I

Responses to Questions Su bm itte d by S enato r 

Jac kson to M r. Green wait

89

NENRT M. JACKSOM, WA*|H„ CHA'HMaN

FRANK e»tej*C.'|, m\HO

Li-t •'.fcTCAU . MOST.

J, t.T Jw., LA.

tfM S» ».rfU .«U(, r. DAK.

• LOVD K. HA^'ILL, COLO.

GAfuCRw Rfl.fcON. i*:».

MOW.UO M. MfcTZ*N»M M, OH'O

Cliffo rd r. k*sscn. v»to.

MARK U. HATFIELD, OACG.

JAMES L. BUCKLEY. N.V.

JAMES A. MCCLURE, IDAHO

DEV»ST F. BARTLr.T. OK LA.

JERRY T. VCAKLCR. STAFF DIRECTOR

S^C nHe i) JS ta ic s R e n a ts

C O M M IT T E E O N

IN T E R IO R AND IN SU LA R A FT A IR S

W a s h in g t o n . d .C . 20 510

September 26, 1974

Mr. Lynn A. Greenwalt 

* Assistant to the Director

U.S. Fish and Wildlife Service 

Department of the Interior 

Washington, D.C. 20240

Dear Mr. Greenwalt:

I would first like to congratulate you for your 

nomination to be the Director of the U.S. Fish and 

Wildlife Service. Your professional experience and 

qualifications, earned as a result of almost thirty 

years of service to our nation and its wildlife, are 

indeed commendable.

Although I was not able to personally attend your 

confirmation hearing, I wo uld like to pose several 

questions to you for the hearing.

1. Many letters from pet fanciers and people employed

by the pet industry have been received by the Committee 

claiming that implementation of the proposed regulations 

would mean the end of the hobby and the industry. Would 

you care to comment on that?

B 2. In what stage of preparation are the regulations and

wha t provision has been made for the incorporation of 

public comment.

3. What animals are presently ccr.iile.red to be "low-risk"

* and, therefore, eligible for importation?

4. Have there bee n studies made cf the so-called "high-risk 

species and is this information available to the public?
90

5. I have a letter from the Tropical Fish Institute of 

America that claims that:

"The Department has been asked many times 

for their justification. They reply in 

generalities, but they have not produced 

any hard scientific evidence to back up 

this proposed ban."

*

Woul d you comment?

6. Would the proposed regulations restrict interstate 

shipment of animals already in the possession of 

hobbyists or pet suppliers?

7. Woul d pet suppliers be restricted from maintaining 

breeding populations of "high-risk" species?

8. While we are on the subject of maintaining populations, 

what are your views regarding attempts to increase the 

numbers of endangered species through captive b reeding 

programs?

9. Who is eligible to undertake such a program - what are 

the conditions which should be met?

10. Do you feel that the Service could condone such an

activity b y private citizens, properly regulated, of 

course? *

11. What is the status of the proposed Federal regulations 

on falconry?

12. Would the proposed regulations permit captive br eedi ng 

programs?

13. Would not the encouragement cf captive breeding programs 

provide a population of birds wh ich would discourage the

taking of birds from the wild? .«

14. What about the use and possession of endangered species 

for falconry?

15. Could captively bre d endangered species be used? *
91

16. An attempt wa s made by the Congress to help protect 

whales by barring the interstate shipment of whale 

ivory products via enactment of the Endangered Species 

Amendments of 1973. Would you describe any difficulties 

the Service has encountered with that legislation and 

what do you think is necessary to remedy those problems, 

if any?

♦ 17. Do you believe that there should be no restrictions 

regarding wha le products whic h wer e already in possession 

prior to enactment of the A mendments?

» 1 8’

What is the procedure> by the Service, for review of 

applications to the Corps of Engineers for dredge and ’ 

fill permits or permits for similar activities?

19. In the Service's rev'xew of the application - are 

economic factors taken into account or are you limited 

to strictly environmental factors?

20. Do you think that the human and economic needs of 

perhaps, a local community, should be considered in the 

evaluation of such application by the Service, and if so, 

what action wo uld you take to implement this?

21. Is there a rule-of-thumb as to how long it takes for 

the Service's comments to be made available to the 

applicant?

22. I hav e in mind two applications b y entities in the State 

of Washington for Corps of Engineers permits. The first 

is by the Port of Skagit County for a permit to expand 

an existing marina.

*

The draft environmental statement was submitted on 

January 2, 1974. Forty-five days later, comments ha d been 

received from all agencies except the then Bureau of Sport 

Fisheries and Wildlife.

A letter from the Bureau was finally set on February 19 

declining to comment. Apparently, the statement had been 

"in transit" between two offices of the Bureau over 6 weeks

♦
92

F i n a l l y , on J u ly 2 4 , a fo rm l e t t e r w as s e n t 

t o t h e C orp s a s k in g t h a t th e a p p l i c a t i o n b e h e ld in 

a b e y a n c e p e n d in g f u r t h e r s tu d y .

A f t e r know in g o f t h e a p p l i c a t i o n f o r o v e r s i x 

m o n th s, th e B u re au f i n a l l y d e c id e d t h a t th e a p p l i c a ­

t i o n m e r i t s a r e v ie w .

A n o th e r s i t u a t i o n w h ic h h a s b e e n c a l l e d t o my •

a t t e n t i o n in v o lv e s an a p p l i c a t i o n by t h e P o r t o f 

E v e r e t t f o r a d re d g e an d f i l l p e r m i t .

The d r a f t E n v ir o n m e n ta l Im p ac t S ta te m e n t w as 

c o m p le te d in 19 72 w ith a copy fo rw a rd e d in O c to b e r t o 

t h e th e n B u re au o f S p o r t F i s h e r i e s and W i l d l i f e , w h ic h 

d e c l i n e d t o co m m en t. O th e r F e d e r a l a n d s t a t e a g e n c ie s 

re v ie w e d th e E IS and t h e i r co m m en ts w e re i n c o r p o r a te d 

i n t h e f i n a l EIS w h ic h was a g a in c i r c u l a t e d among 

i n t e r e s t e d p a r t i e s in c lu d in g th e B u re au o f S p o r t 

F i s h e r i e s an d W i l d l i f e .

Co mm ents b y t h e B u re au o f S p o r t F i s h e r i e s and W il d ­

l i f e on th e E IS w e re f i n a l l y r e c e iv e d b y t h e P o r t o f 

E v e r e t t in a l e t t e r d a te d M ar ch 5 , 1 9 7 4 , a lm o s t tw o 

y e a r s a f t e r t h e B u re au bec am e aw are o f th e p ro p o s e d 

p r o j e c t . S u b s e q u e n tly , th e F is h an d W i l d l i f e S e r v ic e 

o p p o se d t h e i s s u a n c e o f th e p e r m i t .

I t h i n k t h e f e e l i n g s o f t h e P o r t o f E v e r e t t a*re b e s t 

su m m ari zed by t h e s ta te m e n t o f M r. Jo h n G. B e lf o r d ,

M an ag er o f t h e P o r t , i n a l e t t e r o f M ar ch 1 4 , 1 9 7 4 , t o 

th e B u re au o f S p o r t F i s h e r i e s and W i l d l i f e :

" T h is i s t h e ty p e o f co mmen t we w ere 

s o l i c i t i n g f o r tw o y e a r s a n d w o u ld h av e 

r e a d i l y re s p o n d e d t o y o u r o b j e c t i o n a t 

t h a t t im e . W he re w ere y o u th e n ? "

«

A re d e la y s s u c h a s t h e s e a common o c c u r e n c e ?

What do you p la n t o do t o ma ke t h e S e r v ic e m or e 

r e s p o n s iv e t o l o c a l n e e d s ?
93

I am looking forward to receiving your response 

to these questions in the near future.

Sincerely yours,

Henr y M. Jackson 

Chairman

HMJ:rba

43 -977 0 - 75 - 7
94

United States Department of the Interior

ADDRESS OHLY THE DIRECTOR.

FISH AHD WILDLIFE SERVICE

FISH AND WILDL IFE SER VIC E 

WASHINGTON. DC. 20240

In Reply Refe r To: 

FWS/LS

Sep tember 30, 1974

Henry M. Jackson, Chairman

Committee on Inte rior and Insular Aff airs

United States Senate

Washington, D.C. 20510

Dear M r . Ja ck so n:

The enclosed inf ormation is provided in respon se to spec ific ques tions 

raised in your letter of September 26, 1974.

I appreciate and th an k you for your kind wo rds on my nomination.

I hope the enclosed information will be useful.

Sincerely yours,

Enclosure
95

Q u e sti o n No. 1

Many l e t t e r s fr om p e t f a n c ie r s an d p e o p le em pl oy ed by th e p e t in d u s tr y

hav e bee n re c e iv e d by th e Com m ittee c la im in g t h a t im p le m e n ta ti o n o f th e

pro p o se d r e g u la tio n s wou ld mea n th e en d o f th e ho bb y an d th e in d u s tr y .

Would yo u c a r e to com ment on th a t?

R es pons e

The c la im s t h a t th e p ro p o sed i n j u r i o u s w i l d l i f e r e g u la tio n s w ou ld mean

th e en d o f th e p e t ho bb y an d in d u s tr y a r e c o m p le te ly u n fo u n d ed . The

tr a d e in c o n v e n tio n a l, d o m esti c p e t s , w hic h c o n s t i t u t e th e bac kbone o f

th e in d u s tr y , wou ld n o t be a f f e c te d i n an y way . W ild an im al p e ts th a t

a re n a tiv e to t h i s c o u n tr y a r e n o t a f f e c t e d . E x o ti c p e ts now in t h i s

c o u n try , an d th o s e p ro duced in t h i s c o u n tr y , a r e n o t a f f e c t e d . Only

th a t p a r t o f th e p e t in d u s tr y w hi ch depends on im p o rta tio n o f e x o tic

p e ts s ta n d s to be a f f e c t e d . Ev en a la r g e p o r tio n o f t h i s tr a d e w ou ld

n o t be a f f e c te d s in c e 95 p e rc e n t o f th e t r o p i c a l f i s h an d 50 p e r c e n t o f

th e b ir d s now b e in g im p o rt ed w ou ld s t i l l be a b le to e n t e r th e c o u n tr y

w it h o u t r e s t r i c t i o n u n d e r th e p ro p o sed r e g u l a t i o n s .

The fo ll o w in g s t a t i s t i c s hav e been e x tr a c te d fr om th e "S ec ond A nn ual 

S ta te o f th e P e t I n d u s tr y R e p o rt" , p u b lis h e d in th e P e ts /S u p p lie s /M a r k e tin g 

m ag az in e in May 1974.
EFFECTS OF PROPOSED IMPORT REGULATIONS ON THE PET INDUSTRY

(In m illio n s o f d o l l a r s )

T o ta l r e t a i l s a l e s f o r 19 73 $3,6 12

T o ta l li v e s t o c k s a l e s (1 6.5% ) $5 96

L iv e s to c k S a le s T o ta l A ffe c te d

Dogs $20 4 0 .0

A q u ari a 263 1 3 .2 ( 5%)

C ats 32 0 .0

B ir d s 49 2 5 .0 (50%)

O th er 48 2 4 .0 (50%)

T o ta l $596 6 2 .2 (1 0.4% )

R e ta il S a le s C a te g o ry T o ta l A ffe c te d

D o g -re la te d it e m s $1,6 71 0 .0

C a t- r e la te d it em s 586 0 .0

A q u a riu m -r e la te d it e m s 698 3 5 .0 ( 5%)

B ir d - r e la te d it e m s 269 1 3 5 .0 (50%)

M is c .- r e la te d it e m s 163 8 0 .0 (50%)

Groo ming 225 0 .0

T o ta l $3,6 12 2 5 0 .0 (6.9%)

The f ig u r e s u se d f o r s a l e s t h a t m ig ht be a f f e c te d by th e r e g u la tio n s a re 

overw h elm in g ly on th e g en ero u s s id e s in c e th ey pre su m e t h a t a l l f i s h , 

b ir d an d o th e r s a le s a r e d ep en d en t up on im p o rts . We know t h i s i s n o t th e 

case. In 1973 s a l e o f b i r d - r e l a t e d it e m s in c re a s e d 4 .6 p e r c e n t d e s p ite 

th e U .S . D ep ar tm en t o f A g r i c u l t u r e 's new q u a ra n tin e r e s t r i c t i o n s w h ic h , 

a c c o rd in g to le a d in g b ir d im p o rte r s , cau sed b ir d im p o rts to dro p to

10 p e r c e n t o f th e p r e - q u a r a n tin e l e v e l . T h is w ou ld i n d i c a t e t h a t im p o rt ed 

b i r d s do n o t c o n s t it u t e a la r g e p r o p o rtio n o f t o t a l p e t in d u s tr y s a l e s .
97

I t i s a ls o wor th m en ti onin g th a t th e fig u re o f $269 m il lio n fo r b ir d - 

re la te d item s in clu d e $152 m il lio n wh ich re p re se n ts food s a le s . The

food s a le s in clu d e w il d b ir d se ed wh ich re p re s e n ts a very la rg e marke t

th a t w ill n o t be a ffe c te d in any way.

I t i s p o ss ib le th a t c e r ta in im p o rt ers who s p e c ia li z e in im p o rt a ti o n of 

sp e c ie s th a t w ill be r e s t r ic te d m ig ht be s e rio u s ly a ffe c te d by th e 

r e g u la ti o n s . I t i s our e sti m a te th a t le s s th an fiv e p e rc e n t o f th e 

t o t a l in d u str y w ill be a f fe c te d .

Q ues ti on No. 2

In wh at sta g e of p re p a ra ti o n a re th e re g u la ti o n s and wh at p ro v is io n ha s 

be en made fo r th e in c o rp o ra ti o n of p u b li c comm ent.

Re spon se

The pr op os ed ch an ge s in r e g u la ti o n s fo r im p o rt a ti o n of in ju rio u s w ild lif e 

wer e p u b li sh ed in th e F ed era l R e g is te r on December 20, 19 73 . A d r a f t 

E nvironm en ta l Im pac t Sta te m en t was p re pare d to a sse ss e f f e c ts of th e 

pr op os ed new r e g u la ti o n s , and was made a v a ila b le fo r p u b li c comment in 

e a r ly Ju ne. P u b li c h e ari n g s on th e p ro p o sal we re h eld du ri n g e a rly 

Au gu st a t W as hing to n, D .C ., Miam i, Ka nsas C it y and San F ra n c is c o . The 

p u b li c comment p eri o d fo r th e p u b li sh ed pr op os ed r e g u la ti o n s and d r a f t 

EIS was sc hed ule d to c lo s e on Ju ly 29 , b u t du e to th e c o n tr o v e rs ia l 

n a tu re of th e p ro p o sa l was ex te nded 45 days, and th e r e f o r e , c lo sed on

Se ptem be r 13 , 197 4.
Over 4, 30 0 l e t t e r s of comment were re ce iv e d on th e pr op os ed re g u la ti o n s 

and ab ou t 100 on th e EIS . Rou ghly 150 sta te m en ts we re p re sen te d a t th e 

fo ur p u b li c h e a rin g s. A ll th ese e x p re ssio n s of p u b li c op in io n are bein g 

an al yze d and w ill be co n si dere d in p re p ari n g th e f i n a l re g u la ti o n s .

In a d d it io n to th e p u b li c comments re ce iv e d th ro ugh th e m a il, th e S erv ic e 

ha s co n ta cte d v a rio u s in te r e s t gr ou ps which st an d to be s ig n if ic a n tly 

a ffe c te d by th e re g u la ti o n ch an ges , to ex p lo re way s o f re duci ng un de ­

s ir a b le im pacts . M ee tin gs have be en h e ld w it h re p re s e n ta tiv e s of m ed ic al 

re se a rc h , th e Am eri can A sso c ia ti o n o f Z o o lo g ic al Par ks and A quari a, 

fa lc o n e rs , game b ir d b re e d e rs, th e P et In d u str y J o in t A dv isor y C ou nc il 

and o th e rs . Th ese m ee tings ha ve be en extr em ely h e lp fu l in d is c o v erin g 

and e v a lu a ti n g pr ob lems th a t would r e s u l t from im ple m enta tion of th e 

re g u la ti o n s in th e i r pr op os ed form . Wherever p o s s ib le , th e f in a l re g u la ­

ti o n s w ill be m odif ie d to av oid advers e im pac ts th a t are n o t in co ns on an ce 

w it h th e in te n t o f th e Lacey A ct , under which a u th o rity th e ch ange in 

e x is ti n g re g u la ti o n s w ill be pro m ulg at ed .

R e p re se n ta ti v e s o f m aj or c o n serv ati o n o rg a n iz a ti o n s ha ve be en b rie fe d 

tw ic e on th e p ro g re ss o f th e re g u la ti o n ch an gi ng p ro c e ss. The fo ll o w in g 

ste p s now re m ai n to be co mpl eted b efo re th e new re g u la ti o n s ca n go in to

e f f e c t.

1. Comp lete a n a ly s is of p u b li c com ments.

2. P re p a ra ti o n o f f i n a l wo rding o f r e g u la tio n s , in clu d in g re v is e d 

l i s t of lo w -ris k sp e c ie s.
3. P r e p a r a tio n o f f i n a l e n v ir o n m e n ta l im p act s ta te m e n t.

4 . P la n f o r im p le m e n ta ti o n o f new p e rm it sy ste m .

5 . P u b lis h f i n a l r e g u la tio n s in th e F e d e ra l R e g is t e r .

E ver y e f f o r t i s b e in g mad e to e x p e d ite p u t t i n g th e new r e g u la tio n s in to 

e f f e c t . W ith th e s te p s s t i l l re m a in in g , i t i s u n lik e ly t h a t th e f i n a l 

r e g u la tio n s ca n be p u b li s h e d b e f o re Ja n u a ry 19 75 .

Q u e sti o n No , 3

What a n im a ls a re p r e s e n tly c o n s id e re d to b e 'l o w - r i s k " a n d , t h e r e f o r e , 

e l i g i b l e f o r im p o rta tio n ?

R esp onse

The a n im a ls p r e s e n tly c o n s id e re d to be " lo w - ris k " a r e th o s e sho wn on th e 

a tta c h e d l i s t t h a t wa s p u b li s h e d in th e De ce mbe r 2 0 , 1973, is s u e o f th e 

F e d e ra l R e g is t e r . As in d ic a te d i n th e F e d e ra l R e g is te r n o t i c e , th e l i s t 

i s s u b je c t to r e v is io n from p u b lic co mments an d o th e r in fo rm a tio n r e c e iv e d 

d u rin g th e com men t p e r io d . The f i n a l l i s t o f s p e c ie s t h a t can be im p o rt ed 

w it h o u t r e s t r i c t i o n i s now b e in g p re p a re d an d w i l l be c o n ta in e d in th e 

f i n a l r e g u la tio n s when p u b li s h e d e a r l y n e x t y e a r .

Q u esti o n No. 4

Hav e th e r e been s t u d i e s made o f th e s o - c a l l e d " h ig h - r is k " s p e c ie s an d i s

t h i s in fo rm a tio n a v a i l a b l e to th e p u b lic ?
Res ponse

Ther e hav e bee n no s tu d ie s o f " h ig h - r is k " s p e c ie s ma de by th e F is h an d 

W ild life S e rv ic e f o r th e s p e c i f i c p u rp o se o f th e in j u r i o u s w i l d l i f e 

r e g u la tio n s . How ev er , c u r r e n t s c i e n t i f i c l i t e r a t u r e c o n ta in s many s tu d ie s 

an d do cu m en te d c a s e s o f dam age from " in ju r io u s s p e c ie s " . T h is l ite r a tu r e 

h as bee n p u b li s h e d i n s c i e n t i f i c jo u r n a ls t h a t a r e g e n e r a lly a v a ila b le 

in m os t p u b lic l i b r a r i e s . An e x te n s iv e b ib lio g ra p h y o f su ch r e f e r e n c e s , 

as w e ll as a c o m p il a ti o n o f p e r tin e n t q u o ta tio n s fr om th e m ,a re ap pen ded 

to th e d r a f t E n v ir o n m en ta l Im pac t S ta te m e n t an d e n c lo s e d f o r y o u r i n f o r ­

m a ti o n . Ove r 2 ,0 0 0 c o p ie s o f t h i s E n v ir o n m en ta l Im pac t S ta te m e n t w er e 

d i s t r i b u t e d to p e rso n s o r o r g a n iz a tio n s who r e q u e s te d i t , an d a d d i t i o n a l 

c o p ie s a re s t i l l a v a i l a b l e .

Q u esti o n No. 5

I hav e a l e t t e r fr om th e T ro p ic a l F is h I n s t i t u t e o f Am er ic a t h a t c la im s

t h a t :

"The D ep art m ent h as been as ked many ti m e s f o r t h e i r j u s t i f i c a t i o n .

They r e p ly in g e n e r a l i t i e s , b u t th e y hav e n o t p ro duced an y h ard 

s c i e n t i f i c e v id e n c e to back up t h i s p ro p o se d b a n ."

Wou ld yo u com ment?

Res ponse

The s c i e n t i f i c l i t e r a t u r e re fe re n c e d in a p p en d ix 1 o f th e E n v ir o n m en ta l 

Im pa ct S ta te m en t c o n s t i t u t e s s tro n g e v id e n c e t h a t e x o tic an im al im p o rts
101

should be controlled. The reversal in philo soph y of admi nistering the 

Lacey Act was, we believe, a necessary step for pr oper ly carryin g out 

the provis ions of the Act. The regulati ons now in effect, with few 

excepti ons, permit any number of wil dlife species to be impo rted by any ­

one, from anywhere, for any purpose, to do with as he pleases, subject 

only to State law. Unde r such a system, an animal that causes damage is 

placed on the "injurious list" after the damage has occurred. This 

method virtual ly requires that d amage occur before prev entative action 

is taken. In too many cases (such as the walking catfish and 

numferous ot he rs ), exotic species became establish ed in this country 

before they w ere placed on the "injurious'list. Launchi ng a pr ogr am of 

erad ication requires efforts that are always costly, seldom effective, 

and inevi tabl y repug nant to a large segmen t of the American public.

The proposed revision of the regula tion s is based on the pr emise that any 

exotic orga nism introduced into an ecosyst em wil l have an effect on 

that ecosystem. Any di srup tion of existing e cological interre lati onsh ips 

will be h armf ul to some organi sms in the ecosystem. There is potential 

for these harmful effects to be sign ificant, or even severe. Hence the 

justifi cati on for requir ing a thorough evalu atio n of potential hazards 

before importa tion of a species.

The propo sed regulations recogni ze that the threat posed by some species 

might be so low that full prot ection of the Act would not be required. 

Animals in this category, the "low risk" list, could be imported freely
w it h o u t r e s t r i c t i o n o f th e Lac ey A ct. A ll a n im a ls n o t c l a s s i f i e d a s "low 

ris k " wou ld be c a r r ie d a s an " in ju r io u s " s p e c ie s u n t i l s c i e n t i f i c e v id e n c e 

i s a v a ila b le t h a t c e r t a i n o f th e s e a n im a ls ca n be p la c e d on th e "low r i s k " 

l i s t . T h is wou ld p ro v id e th e n e c e s s a ry s c re e n in g f o r e v e ry s p e c ie s n o t 

p r e v io u s ly im p o rt e d to a s s e s s p o t e n t i a l r i s k b e fo re i t i s im p o rt e d . T h is 

p h il o so p h y i s s i m i l a r to t h a t o f th e N a tio n a l E n v ir o n m en ta l P o lic y Act 

(42 U .S .C . 4321-4 347; 83 S t a t . 85 2) w hi ch r e q u ir e s t h a t e v e ry F e d e ra l 

a c tio n w hi ch h as th e p o t e n t i a l o f c a u s in g s i g n i f i c a n t e n v ir o n m e n ta l im p act 

be th o ro u g h ly e v a lu a te d b e fo re th e a c tio n i s ta k e n .

T h is in fo rm a tio n h a s been p ro v id e d to th o s e who h av e ask ed an d h as been 

in c lu d e d in s p e c i a l news r e l e a s e s . U n f o rtu n a te ly , some in d iv id u a ls s t i l l 

choose to b e lie v e t h a t t h i s i s n o t su p p o rte d by s c i e n t i f i c e v id e n c e .

Q u esti o n No. 6

Would th e p ro p o se d r e g u la tio n s r e s t r i c t i n t e r s t a t e sh ip m en t o f an im a ls 

a lre a d y in th e p o s s e s s io n o f h o b b y is ts o r p e t s u p p lie r s ?

R es po ns e

The p ro p o sed r e g u la tio n s wou ld n o t r e s t r i c t i n t e r s t a t e sh ip m en t o f a n im a ls 

a lre a d y in t h i s c o u n tr y whe n th e r e g u la tio n s go i n t o e f f e c t . T h is f a c t 

h as bee n p u b lic iz e d w id e ly . A co py o f a news r e l e a s e on th e s u b je c t i s

e n c lo s e d .
103

Que st io n No. 7

Would p et s u p p li e rs be r e s t r ic te d fro m m ain ta in in g bre ed in g p o p u la ti o n s 

of "h ig h r is k " sp ecie s?

Re spo nse

Pet s u p p li e rs would not be r e s t r ic te d fro m m ain ta in in g b re ed in g p o p u la ti o n s 

of "h ig h r is k " anim al s th a t are a lr e ad y in th e countr y when th e re g u la ti o n s 

become e f f e c tiv e . Under th e pr op os ed r e g u la tio n s , i t w ill n o t be p o ss ib le 

to im po rt a d d it io n a l an im al s fo r th is purp ose .

Q ues tion No. 8

Wh ile we are on th e su b je c t of m ain ta in in g p o p u la ti o n s, wh at are your view s 

re g ard in g a tt em p ts to in c re a se th e numb ers of en da ng er ed sp e c ie s th ro ugh 

c a p ti v e b re ed in g prog rams?

Re spon se

We re co g n iz e th e ro le o f c ap ti v e p ro p ag ati o n in th e c o n se rv a ti o n of en da nger ed sp e c ie s . In many case s th is e f f o r t i s e s s e n tia l i f th e sp e c ie s i s 

to be sa ved . However, we do not equate th e m ai nte nan ce o f a c ap ti v e 

s t r a in w it h th e s a lv a tio n of a w il d p o p u la ti o n . We f e e l t h is te c h n iq u e , which 

may be le n g th y , extr em ely c o s tly , and in many cases fra u g h t w it h u n c ert a i n t i e s , to be very e f fe c tiv e to o l, b u t n o t th e e n tir e an sw er .

Th ere are some sp e c ie s th a t p re s e n tl y e x is t only in c a p tiv ity , and m ain ta in ­

in g th ese "g en e p o o ls " i s both an im p o rt an t and la u d ab le e f f o r t . However,
ou r m ai n t h r u s t in th e en d an g ere d s p e c ie s pro gra m h as been an d w i l l be 

th e c o n ti n u e d in s u ra n c e o f th e s e s p e c ie s in th e w ild .

Q u e sti o n No. 9

Who i s e l i g i b l e to u n d e rta k e su ch a pr og ra m - w ha t a re th e c o n d itio n s

w hic h sh o u ld be m et?

R esp onse

P r e s e n tly , an yone can en gag e i n c a p tiv e b re e d in g o f m os t a n im a ls . I f 

th e in d iv id u a l i s d e a lin g w it h a s p e c ie s on th e F e d e ra l en d an g ere d s p e c ie s 

l i s t , he m us t o b ta in a p e rm it to en gag e in su ch a c t i v i t y . He may a ls o 

r e q u ir e a p p ro v a l from th e S ta te in w hi ch th e a c t i v i t y i s u n d e rta k e n .

W ith re g a rd to en d an g ere d s p e c i e s , c a p tiv e b re e d in g o f su c h s p e c ie s h e ld 

in c a p t i v i t y p r i o r to en actm en t o f th e 1973 E ndan ger ed S p e c ie s Act may 

be u n d e rta k e n w it h o u t an y s p e c i a l F e d e ra l p e r m it. The s a l e o r t r a n s p o r t 

in i n t e r s t a t e com me rce o f su ch s p e c ie s i s , how ever, p r o h ib ite d by th e 

new A c t. In a d d i t i o n , i f an in d iv id u a l m us t o b ta in th e i n i t i a l s to c k o f 

th e en d an g ere d s p e c ie s fr om th e w ild , he m us t o b ta in a F e d e ra l p e rm it.

W ith re g a rd to c o n d itio n s w hic h sh o u ld be met to en gag e in c a p tiv e b re e d ­

in g a c t i v i t i e s , th e F is h an d W ild life S e rv ic e h a s r e s p o n s i b i l i t y in t h i s 

a re a o n ly i f th e an im al to be p ro p a g a te d i s a m ig ra to ry b i r d o r an 

en d an g ere d s p e c ie s . R e g u la ti o n s w it h re g a rd to m ig ra to ry b ir d s a re

e n c lo s e d .
105

In th e c a s e o f en d an g ere d s p e c ie s , th e S e rv ic e e n c o u ra g e s th e c a p tiv e 

b re e d in g o f su ch s p e c ie s w hic h w er e in c a p t i v i t y p r i o r to Dec em be r 28, 

19 73 (d a te o f e n actm en t o f th e E ndan ger ed S p e c ie s A c t). The S e rv ic e 

i t s e l f h as an d i s in v o lv e d in r e s e a rc h d e a lin g w it h c a p tiv e b re e d in g o f 

c e r t a i n en d an g ere d s p e c ie s su ch as th e w ho op in g c ra n e .

W hi le we hav e n o t is s u e d s a g u la tio n s o r p u b lis h e d c r i t e r i a on c a p tiv e 

b re e d in g o f en d a n g e re d s p e c ie s , we hav e e s t a b l is h e d l i a i s o n w it h th e 

z o o lo g ic a l co m m uni ty , game b ir d p ro p a g a to rs an d o th e r s in v o lv e d i n an im al 

h u sb a n d ry to e n co u ra g e k n o w le d g ab le p e rs o n s to u n d e rta k e su ch a c t i v i t y .

To o b ta in a F e d e ra l p e rm it to ta k e an en d an g ere d s p e c ie s fr om th e w il d 

to co n d u ct r e s e a r c h in th e a r e a o f c a p tiv e b re e d in g wou ld g e n e r a lly 

r e q u ir e an in d iv id u a l to mak e a sh ow in g t h a t :

— Th e f a c i l i t y w her e su ch r e s e a r c h i s to be co n d u cte d i s a d e q u a te ly 

e q u ip p e d , s t a f f e d an d fu n d ed .

— The p r o j e c t w i l l en hance th e s u r v iv a l o f th e s p e c ie s .

— Th e r e s e a r c h e r i s q u a l i f ie d by e d u c a tio n an d e x p e r ie n c e .

Q u e sti o n No, 10

Do yo u f e e l t h a t th e S e rv ic e co u ld co nd on e su ch an a c t i v i t y by p r i v a t e 

c i t i z e n s , p r o p e rly r e g u la te d , o f c o u rse ?
Re sponse

The Serv ic e p re s e n tly condones and en co ura ges c a p ti v e bre ed in g a c t i v i t i e s 

of p riv a te c itiz e n s . I f th e a c tiv ity d e a ls w it h m ig ra to ry b ir d s or 

en da ng er ed sp e c ie s , i t is p re se n tl y co nd uc ted un de r F ed era l re g u la ti o n s 

as d esc ri b ed in re sp onse to q u esti o n nin e ab ov e.

Q ues tion No. 11

What is th e s ta tu s of th e pr op os ed F ed era l re g u la ti o n s on fa lc o n ry ?

Re spo nse

The S erv ic e p ro p o sa l fo r re g u la ti o n s fo r fa lc o n ry p erm it s is now in th e 

re vi ew p ro c e ss. The pr op os ed re g u la ti o n s are now bein g s c ru tin iz e d fo r 

su b s ta n ti v e c o n te x t by S erv ic e manageme nt and en fo rc em en t o f f i c e r s . I t 

sh ould be em ph as ized th a t th e pr op os ed re g u la ti o n s are su b je c t to ch an ge s 

th ro ughout th e re vie w p ro c ess.

Q ues tion No. 12

Would th e pro po se d re g u la ti o n s perm it c ap ti v e b re ed in g prog rams?

Re sponse

The pro p o sa l fo r f i n a l ru le s is co nc er ne d only w it h fa lc o n ry and th e 

re quir em ents fo r o b ta in in g a per m it and h o ld in g b ir d s . C u rre n tl y , ra p to r 

p ro p ag ati o n ca n be a u th o ri ze d by a s p e c ia l purp ose p e rm it , is su e d in 

ac co rd an ce w it h 50 CFR 21.2 7, en clo se d .
107

Q ues ti on No. 13

Would not th e en co ur ag em en t of c a p ti v e b re ed in g prog rams p ro v id e a po pu ­

la tio n o f b ir d s which would d is co u ra g e th e ta k in g of b ird s fro m th e w il d?

Re spo nse

Y es , th a t i s one of th e v alu es we se e to c ap ti v e b re ed in g of en da ng er ed 

or o th e r sp e c ie s . We re co g n iz e th a t many o f th ese sp e c ie s a re us ed by 

man fo r le g it im a te pu rp o se s. Such prog rams would re duce th e p re ssu re

on th e w il d p o p u la ti o n s.

In th e case of r a p to r s , we f e e l th a t p ro p ag ati o n in c a p tiv ity of c e r ta in 

sp e c ie s o f r a p to r s , e s p e c ia lly th o se th a t are n o t ab un da nt in th e w il d , 

co ul d c re a te a so urc e o f b ir d s fo r use in th e sp o rt o f fa lc o n ry . Of 

c o u rs e, i f th e ra p to r i s l is te d as an en da ng er ed s p e c ie s , c e r ta in r e s t r i c ­

ti o n s are p la ced on i t s use in fa lc o n ry as w ell as on use in c a p ti v e 

b re edin g a c t i v i t i e s as d e sc ri b e d in re sp onse to q u e sti o n 14 .

Q ues ti on No. 14

What about th e use and p o ssessio n of en da ng er ed sp e c ie s fo r fa lc o n ry ?

Re spo nse

The En da ng ered Specie s Ac t of 1973 do es n o t im pa ct th e p o ssessio n of en da n 

ger ed sp e c ie s h eld in c a p tiv ity p r io r to en ac tm en t of th e A c t, December 28 

1973. En da ng ered ra p to rs in p o ssessio n b e fo re th a t d a te ca n be us ed fo r 

th e s p o rt of fa lc o n ry or fo r any o th e r a c t i v it y so lo ng as i t i s not fo r
108

a co m m er ci al p u rp o se . U nd er th e new A c t, a c q u i s i ti o n fr om th e w il d of 

an en d an g ere d s p e c ie s f o r fa lc o n ry i s n o t a ll o w e d , n o r can th e pro gen y 

o f c a p tiv e en d an g ere d r a p t o r s be so ld f o r fa lc o n ry p u rp o se s o r o th e r 

co m m er ci al p u rp o s e s . We hav e p ro p o se d am en dm en ts to th e E nda ng er ed 

S p e c ie s Act w hic h wou ld a ll o w c e r t a i n com merce i n c a p tiv e re a re d 

en d an g ere d an im a ls a s d e s c rib e d i n th e e n c lo s e d l e t t e r d a te d A ug us t 19, 

1974, to th e C hair m an , M erc hant M ar in e an d F i s h e r i e s C om m it te e, Ho use 

o f R e p re s e n ta tiv e s . We a re a ls o in v e s ti g a t i n g w it h th e D e p a rtm e n t' s 

l e g a l a d v is o rs th e p o s s i b i l i t y o f p ro v id in g by r e g u l a t i o n , p u rs u a n t to 

a u th o r ity in th e 19 73 A c t, c e r t a i n exem pti ons fr om th e p r o h ib ite d a c ts 

f o r c a p tiv e re a re d en d an g ere d a n im a ls .

Q u e sti o n No. 15

Cou ld c a p tiv e ly b re d en d an g ere d s p e c ie s be use d?

R es ponse

E ndan ger ed s p e c ie s b o rn in c a p t i v i t y a f t e r Dec em be r 2 8 , 1973, d a te o f 

e n actm en t o f th e E ndan ger ed S p e c ie s Act o f 1973, c a n n o t b e use d f o r 

f a lc o n r y . We ho pe e i t h e r to amend th e A ct o r by r e g u l a t i o n , p u rs u a n t 

to a u t h o r i ty in th e A c t, ex em pt c a p tiv e b re d p o p u la tio n s o f en d angere d 

s p e c ie s from c e r t a i n p r o h ib ite d a c t s .

Q u e sti o n No. 16

An a tte m p t wa s made by th e C ongre ss to h e lp p r o t e c t w h ale s by b a r r in g 

th e i n t e r s t a t e sh ip m ent o f w hale iv o ry p ro d u c ts v i a en a c tm e n t o f th e
109

Endan gere d Species Amen dments of 1973. Would you describe any diffi cult ies

the Service has encountered w ith that legislat ion and wh at do you think

is necessa ry to rem edy those proble ms, if any?

Response

We are u nabl e to respond to the pro blem of inte rstate shipm ent of wha le

ivory, since all whales and their pr oducts are under the j urisdiction of

the Departme nt of Commerce. The M arine Mammal P rote ctio n A ct of 1973

vested in the Dep artment of Comme rce resp onsi bili ty for all marine

mammals except the polar bear, manat ee, dugong, walrus and sea otter,

which are under the juris dict ion of the Departmen t of the Interior.

Althoug h the En dangered Species Act of 1973 does not delinea te agency 

respons ibil ity for species of fish, wild life or plants, a formal agreemen t

has been signed by both agencies rega rdin g manag emen t and protection of 

endanger ed and threatened species unde r the Act (copy enclosed). This 

agreement does not change the ju risdiction establis hed in the Marine

Mammal Act with regard to endange red or threatened marine mammals. We,

therefore, defer to the Depart ment of Comme rce on your speci fic quest ion

of interstate shipment of wha le ivory.

We shou ld point out that we have experience d problems of interstate shi pment of e ndan gere d animals unde r o ur jurisdiction.

43-977 0 - 75 - 8
The Ho use M er ch an t M ar in e and F is h e r ie s C om m itte e, Subco m m itte e on

F is h e r ie s an d W ild life C o n s e rv a ti o n and th e E n v ir o n m en t, h e ld h e a rin g s 

r e c e n tly on H.R . 1589 3 an d H.R . 16 07 9, s im ila r b i l l s "To amend th e 

E ndan ger ed S p e c ie s A ct o f 19 73 to make i t more c o n s i s t e n t w it h th e 

M ari ne Mammal P r o te c tio n Act o f 1 9 7 2 ." In ou r r e p o r t d a te d A ugust 19, 

1974, an d e n c lo s e d f o r y o u r in f o rm a tio n , we a d d re s s e d th e s i t u a t i o n 

w her e in d iv id u a ls l e g a l l y p o ss e s se d p r i o r to en actm en t o f th e 1973

E ndan ger ed S p e c ie s A c t, l i v e a n im a ls o r t h e i r p a r t s o r p ro d u c ts f o r th e

p u rp o se o f s a le o r o th e r a c t i v i t y o f a com m er ci al n a tu r e w hic h i s now 

p r o h ib ite d . We o f fe r e d am en dm en ts to th e E ndan ger ed S p e c ie s A ct o f 

1973 to ov er co m e t h i s pro b le m . The f i n a l e x c e p tio n in p ro p o se d am endmen t on e on pag e two o f o u r r e p o r t i s in te n d e d to g r a n t th e S e c re ta ry 

o f Comm erce a u th o r ity to d e a l w it h th e s p e c i f i c pro ble m o f la r g e s to c k s 

o f sp er m w hal e p r o d u c ts , su ch as sc ri m sh aw an d a m b e rg ris .

Q u e sti o n No. 17

Do you b e lie v e t h a t th e r e sh o u ld be no r e s t r i c t i o n s re g a rd in g w hal e 

p ro d u c ts w hic h w er e a lr e a d y i n p o s s e s s io n p r i o r to e n actm en t o f th e

Am end ments ?

R es ponse

As w ith q u e s tio n 16 a b o v e , we m ust d e f e r to th e D epart m ent o f Commerce

on th e s p e c i f i c q u e s tio n o f r e s t r i c t i o n s on w hale p ro d u c ts .
I ll

Aga in , we r e f e r you to our re p o rt to th e Ch airma n o f th e Co mm itte e on 

Merchan t Mari ne and F is h e r ie s , House of R e p re s e n ta ti v e s, d ate d Au gust 19,

19 74 , and e n clo se d , fo r our vi ew s on th e g e n era l pr ob lem s of commerce in 

en da ng er ed sp ecie s' p a r ts and p ro d u c ts . We do n o t b e li e v e th e re sh ould 

be al lo w ed u n r e s tr ic te d commerce in su ch s p e c ie s . However, th e En dang ered

Spec ie s Ac t of 1973 ha s ca us ed econ om ic h ard sh ip on many in d iv id u a ls who 

we re en ga ge d in le g itim a te co mm erci al a c t i v i t i e s p r io r to pass age of th e

* 1973 A ct . The En dang ered S pecie s C onse rv ati on Act of 1969 d id not p ro h ib it 

th e s a le o r o th e r su ch co mmercial a c t i v i t i e s , b u t p ro h ib it e d only th e

im p o rt a ti o n of sp e c ie s l is te d as en dan gere d. With pas sa ge of th e 1973

A ct , a l l co mm erci al a c t i v i t i e s were p ro h ib it e d .

We f u lly su p p o rt t h is p ro h ib it io n so as to re duce th e demand fo r c e r ta in

anim al s who se conti nued e x is te n c e w as , and i s , in je o p ard y . Comm erc ial

demand f o r en da ng er ed an im al s sh ould be re d u ced , and th e U nit ed S ta te s 

sh ould ta k e th e le a d by re duci ng th e demand o f i t s c it i z e n s . How ever,

we b e li e v e th a t a gra d u al re d u c ti o n o f t h is demand would c r e a te le s s

se v ere econ om ic h ard sh ip fo r many le g itim a te co mmercial e n te r p r is e s .

I t w ill be n ecess ary to amend th e En dang ered Specie s Ac t o f 1973 to

pro vid e fo r co mmercial a c tiv ity in th e p a r ts or p ro d u cts o f en da ng er ed 

sp e c ie s not p re s e n tl y s u b je c t to an ex em pt ion in s e c ti o n 9 (a ) o f th e

* A ct . However, any su ch ex em pt ion sh ould n o t be u n r e s tr ic te d . The 

S e c re ta ry sh ould be pro vid ed w it h a u th o rity to g ra n t su ch a c t i v it y under
112

su ch te rm s an d c o n d itio n s a s he may p r e s c r i b e . C e rta in r e s t r i c t i o n s an d 

c o n tr o ls a re a b s o lu te ly e s s e n t i a l i f we a r e to p re v e n t a d r a in on th e 

w il d p o p u la tio n s o f en d an g ere d f i s h an d w i l d l i f e th ro u g h th e s tim u la tio n 

o f a m a rk e t, e i t h e r d i r e c t l y o r i n d i r e c t l y .

Q u esti o n No. 18

What i s th e p ro c e d u re , by th e S e r v ic e , f o r re v ie w o f a p p lic a tio n s to th e 

Cor ps o f E n g in e e rs f o r d re d g e an d f i l l p e rm its o r p e rm it s f o r s i m i l a r

a c t i v i t i e s ?

Res po nse

The e n c lo s e d d ia gra m show s th e p ro c e s s th ro u g h w hic h an a p p lic a tio n f o r 

p e rm it o r lic e n s e goes d u rin g U .S . F is h an d W ild lif e S e rv ic e re v ie w .

Q u esti o n No. 19

In th e S e r v i c e 's re v ie w o f th e a p p lic a tio n - a re ec on om ic f a c t o r s ta k e n 

in to a c c o u n t o r a re yo u lim ite d to s t r i c t l y e n v ir o n m e n ta l f a c to r s ?

R es po ns e

W hi le th e S e rv ic e i s c o g n iz a n t o f th e f a c t t h a t ec on om ic f a c t o r s e n t e r 

in to r e s o u rc e s develo pm ent d e c i s i o n s , th e S e rv ic e i s lim ite d by la w to 

th e c o n s id e r a tio n o f f i s h , w i l d l i f e an d e n v ir o n m e n ta l f a c t o r s . The 

F is h an d W ild life C o o rd in a ti o n A c t, a s am en de d, s t a t e s t h a t " .. .w h e n e v e r 

th e w a te rs o f an y str e a m o r o th e r bo dy o f w a te r a r e p ro p o se d o r a u th o r iz e d

to be im po un de d, d i v e r t e d , th e c h a n n e l d ee p e n e d , o r th e str e a m o r o th e r
113

body of wat er other wise controlled or modified for any purpose whatever, 

including nav igation and drainage by any depar tmen t or agency of the 

United States, or by any public or privat e agen cy under F ederal permit 

or license, such depa rtment or agency first shall consult wit h the

United States Fish and Wildl ife Service, Depa rtme nt of the Interior, and 

with the head of the agency exer cising admi nist ration over the wil dlif e

resources of the part icul ar State whe rei n the impoundment, dive rsion, or 

• other contro l facility is to be constructed, wit h a view to the conservation of wi ldli fe resources by p reventi ng loss of and damage to such 

resour ces as wel l as p rovidin g for the devel opme nt and improvement 

thereof in conn ecti on w ith such water -res ource deve lopm ent. "

The Serv ic e’s expe rtis e is in fish and wildlife and to c onsider ec onomics 

on a Departm ent of the Ar my Section 10 per mit applicat ion wou ld usur p the 

Corps of E ngin ee rs ’ respons ibil itie s to consid er all factors relevant to 

a pr oposed project, inclu ding conservation, economics, esthetics, histori c 

values, navig ation, recreation, wat er supply, wat er quality, and, in 

general, the ne eds and we lfare of the public. Occa sionally, other agencies 

in the De part ment of the Interior provide comments on a propos ed project, 

and the Service forwards these comments to the a uthorizing agency. The 

Port of Skagit project is an example (see response to q uestion 22).
114

Question No. 20

Do you think that the hum an and economic needs of perhaps, a local 

community, should be considered in the evaluati on of such applicat ion by 

the Service, and if so, what action would you take to implement this?

Response

The U.S. Fish and Wildli fe Service is not auth orized under prov isions of 

the Fish and Wil dlife Coordinat ion Act to evalu ate human, economic, and 

other needs except as related to impacts on fish and wi ldlife resources 

and their associated habitat. Our function, as assigned unde r the Act, 

is to assess and evaluate the probable impact on fish and wildlif e of 

construct ion proposals requiring a Federal license or permit and to 

report our findings to the Fe deral licensing or permitting agency along 

wit h our recom mendations for preventin g, minimizing, or mitigating such 

losses. The Federa l lice nsin g a nd/or permitting agency then considers 

our findings and recommen dati ons along with many other factors in making 

a determi nation as to whether the issuance of licens e or permit would be 

in the best overal l public interest.

It is important to rem ember that the Federal agency with licen sing and/or 

perm itting r espo nsibilities makes the final determinat ion concerni ng the 

issuance of a license or permit after cons ideri ng all public interest 

factors. The U.S. Fish and Wildl ife Service acts only in a consulting
115

c a p a c ity to th e F e d e ra l l i c e n s in g a n d /o r p e r m ittin g agency on f i s h ,

w i l d l i f e an d r e l a t e d e n v ir o n m e n ta l m a tte r s .

Q u e sti o n No. 21

I s th e r e a ru le -o f-th u m b a s to how lo n g i t ta k e s f o r th e S e r v i c e 's comments

to be made a v a ila b le to th e a p p lic a n t?

R es ponse

The U .S . F is h an d W ild life S e rv ic e p ro v id e s comments to th e C or ps o f

E n g in e e rs on p e rm it a p p l i c a t i o n s , n o t to th e a p p l i c a n t . Th e S e rv ic e h a s

no way o f kn ow in g o r c o n t r o l li n g th e le n g th o f ti m e t h a t i t ta k e s th e

Corp s o f E n g in e e rs to p ro v id e th e s e comments to th e a p p l i c a n t . We a r e

o f th e o p in io n , how ever, t h a t th e Cor ps o f E n g in e e rs sh o u ld make o u r

comments a v a ila b le to th e a p p lic a n t im m e d ia te ly up on r e c e i p t . W ith 

re g a rd to p ro v id in g o u r comm ents to th e Cor ps o f E n g in e e rs , u n d e r c u r r e n t 

Cor ps o f E n g in e e rs ' r e g u l a t i o n s , su ch comments m us t be p ro v id e d w ith in 

30 day s fr om th e d a te o f is s u a n c e o f a p u b lic n o tic e u n le s s a d d itio n a l

p e r t i n e n t in fo rm a tio n i s r e q u ire d to a d e q u a te ly e v a lu a te th e p e rm it

a p p l i c a t i o n o r ti m e i s n e c e s s a ry to i n v e s ti g a t e th e p r o j e c t s i t e . In 

th e s e i n s t a n c e s , C orp s o f E n g in e e rs ' r e g u la tio n s p ro v id e f o r a maximum 

co m m en ting p e rio d o f 75 d a y s . U nd er e x te n u a tin g c ir c u m s ta n c e s , su ch a s

th e n e c e s s ity f o r p r e p a r a tio n o f an e n v ir o n m e n ta l im p act s ta te m e n t to

f u l ly a d d re s s a l l e n v ir o n m e n ta l i s s u e s , ti m e e x te n s io n s be yo nd th e 75-

da y co m m en ting p e rio d ca n be g r a n te d . The S e rv ic e a tte m p ts to make
com me nts an d re co m m en dat io ns on a l l a p p lic a tio n s made to th e Cor ps o f

E n g in e e rs f o r D ep art m ent o f th e Army p e rm it s w ith in th e i n i t i a l 30-d ay

co mmen tin g p e r io d .

Q u esti o n No. 22

I hav e in mind two a p p lic a tio n s by e n t i t i e s i n th e S ta te o f W as hin gto n 

f o r Cor ps o f E n g in e e rs p e r m its . The f i r s t i s by th e P o rt o f S k a g it

Cou nty f o r a p e rm it to ex pa nd an e x i s ti n g m a rin a .

The d r a f t e n v ir o n m e n ta l s ta te m e n t wa s su b m it te d on J a n u a ry 2 , 19 74.

F o r ty - f iv e day s l a t e r , comments ha d been r e c e iv e d from a l l a g e n c ie s 

e x c e p t th e th e n B ur ea u o f S p o rt F i s h e r i e s an d W ild lif e .

A l e t t e r from th e B ur ea u wa s f i n a l l y s e n t on F e b ru a ry 19 d e c lin in g to 

comm ent. A p p a re n tl y , th e s ta te m e n t had been " in t r a n s i t " bet w een two

o f f i c e s o f th e B ure au o v e r 6 w ee ks.

F i n a l l y , on J u ly 24 a fo rm l e t t e r wa s s e n t to th e C or ps a s k in g t h a t 

th e a p p lic a tio n be h e ld in ab ey ance p e n d in g f u r t h e r s tu d y .

A fte r kn ow in g o f th e a p p lic a tio n f o r o v e r s i x m o n th s, th e B ur ea u f i n a l l y

d e c id e d t h a t th e a p p lic a tio n m e r its a re v ie w .

A noth er s i t u a t i o n w hic h h a s bee n c a lle d to my a t t e n t i o n in v o lv e s an

a p p lic a tio n by th e P o rt o f E v e re tt f o r a d re d g e an d f i l l p e r m it.
117

The d r a f t e n v ir o n m e n ta l im pact s ta te m e n t was co m p le te d i n 1972 w it h a

co py fo rw ard ed in O cto b er to th e th e n B ure au o f S p o rt F i s h e r i e s an d

W ild lif e , w hic h d e c lin e d to comment. O th er F e d e ra l an d S ta te a g e n c ie s

re vie w ed th e E1S an d t h e i r comm ents w er e in c o r p o ra te d i n th e f i n a l EI S 

w hic h wa s a g a in c i r c u l a t e d among i n t e r e s t e d p a r t i e s in c lu d in g th e 

B ure au o f S p o rt F is h e r ie s an d W ild lif e .

Comments by th e B ure au o f S p o rt F is h e r ie s an d W ild lif e on th e EI S w er e 

f i n a l l y r e c e iv e d by th e P o rt o f E v e re tt i n a l e t t e r d a te d March 5 , 1974, 

alm o st two y e a r s a f t e r th e B ur ea u be ca me aw ar e o f th e p ro p o sed p r o j e c t . 

S u b se q u e n tl y , th e F is h an d W ild life S e rv ic e oppose d th e is s u a n c e o f th e

p e rm it.

I th in k th e f e e l i n g s o f th e P o rt o f E v e r e tt a r e b e s t su m m ar iz ed by th e

s ta te m e n t o f Mr, Jo hn G. B e lf o rd , M an ag er o f th e P o r t , i n a l e t t e r o f 

M arch 14, 1974, to th e B ur ea u o f S p o rt F i s h e r i e s an d W ild lif e :

"T h is i s th e ty p e o f com ment we w er e s o l i c i t i n g f o r two y e a rs an d 

w ou ld hav e r e a d i l y re sp o n d ed to y o u r o b je c tio n a t t h a t tim e . Wh ere 

w er e yo u th e n ? "

Are d e la y s su ch as th e s e a common o c c u rre n c e ?

What do yo u p la n to do to make th e S e rv ic e more r e s p o n s iv e to l o c a l n eed s?
118

Re sponse

With re gard to th e P o rt of S kagit a p p li c a tio n to expan d an e x is tin g 

m ar in a, th e S e a tt le D i s t r i c t , Co rps o f E n g in eers , is su e d P u b li c N oti ce

21 -16 on Ju ne 20 , 1974. P rio r to th a t th e S erv ic e re ceiv ed on

Feb ru ar y 19 , 1974 , th e S ta te 's EIS on th e p r o je c t, and d e cli n ed to

comm ent. The F is h and W il d li fe S erv ic e Ar ea O ff ic e su bm it te d th e

D epar tm en t's comments on th e a p p li c a tio n to th e D is tr ic t E ngin eer s on 

Ju ly 24 , 1974. On b e h alf of th e Bureau o f In d ia n A ffa ir s th e S erv ic e 

re q u est ed th a t p ro je c t ap pro val be h eld in ab ey an ce pen di ng f u r th e r 

in v e s ti g a ti o n s of la nd ow ne rs hi p. L oca l In d ia n s f e e l th a t th e ex pan si on 

pro p o sa l a f f e c ts In d ia n re s e rv a ti o n la n d s . The F is h and W il d li fe S erv ic e

ha s no o b je c ti o n to th e p r o je c t, b u t must re la y view s of o th e r I n te r io r 

agencie s as w ell as i t s own p o s itio n .

P u b li c N oti ce 10 -50 was is su ed on O ct ob er 11 , 19 72 , by th e Co rps of 

E ngin ee rs fo r a S ecti o n 10 a p p li c a tio n o f th e P o rt of E v e re tt . At th a t 

tim e th e S erv ic e was in p ro cess of tr a n s f e r r in g i t s f ie ld o f f ic e from 

Spokan e to Ol ym pia, and P u b li c N oti ce of th e a p p li c a tio n was m is p la ced . 

Th us , no comments we re su bm itte d to th e Co rps of E ngin ee rs on th e a p p li ­

c a ti o n u n t i l a f te r Ju ly 17 , 1973. N o tif ic a tio n of perm it re v is io n s was

re ceiv ed on th a t d a te . The S erv ic e d id not ad d re ss th e S t a te 's d r a f t

Env ironm en ta l Im pact Sta te m en t on th e pr op os ed p ro je c t bec au se of fu ndin g 

and manpower c o n s tr a in ts . How ever, S erv ic e comments we re p ro vid ed on 

th e Co rps of E n g in eers ' su pple m en ta l d r a f t EIS , re ceiv ed in December 1973
119

Th os e comm ents w er e fo rw ard ed to th e S e c r e t a r y 's F ie ld R e p re s e n ta tiv e on 

F eb ru ary 11 , 19 74 . On F eb ru ary 2 1 , 1974, th e S e c r e ta r y ’s F ie ld R epre ­

s e n t a t iv e fo rw ard ed th e comm ents to th e C orp s o f E n g in e e rs . On A p r il 1 6 ,

1974, th e R e g io n a l D ir e c to r f o r th e F is h an d W ild life S e r v i c e 's R eg io n 1 , 

h e a d q u a rte re d in P o r tla n d , O re gon, tr a n s m itte d to th e C or ps o f E n g in e e rs , 

S e a t t l e o f f i c e , th e D ep ar tm en t o f th e I n t e r i o r 's su g g e ste d p o s i t i o n t h a t 

th e p r o j e c t n o t be a u th o riz e d u n t i l a com p re h en si v e p la n i s a sse m b le d .

I t re m ain s f o r th e C or ps o f E n g in e e rs to e i t h e r a c c e p t o r r e j e c t I n t e r i o r 's

s u g g e s tio n .

D ela y s su ch a s n o te d ab ov e a r e n o t comm on, n o r a re th e y e x c u s a b le . Howe v e r , in th e c a s e o f th e P o rt o f S k a g it th e r e a re s e r io u s pro ble m s

bet w ee n th e a p p lic a n t an d th e I n d ia n s . A ppro val o f th e a p p l i c a t i o n i s 

th e r e f o r e b e in g h e ld in abeyance u n t i l d if f e r e n c e s a r e r e s o lv e d . In

th e c a s e o f th e P o rt o f E v e r e tt, we can o n ly a p o lo g iz e f o r o u r la c k of 

e a r l y re sp o n s e on th e p e rm it a p p l i c a t i o n du e to th e o f f i c e mov e. M is ­

p la c in g an a p p lic a tio n i s in e x c u s a b le . We b e lie v e t h a t o u r Oly m pi a

o f f i c e , now s t a f f e d w it h 17 p e o p le , a s op pose d to th r e e i n 1 9 7 2 , w i l l be 

much b e t t e r p re p a re d to av o id r e c u r re n c e o f p ro ble m s o f th e ty p e a s s o ­

c ia te d w it h th e P o rt o f E v e re tt a p p l i c a t i o n .

121

34970

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

[ 50 CFR Part 16 ]

INJURIOUS WILDLIFE

Proposed Importation Regulations 

By notice of proposed rulemaking published in the Federal Register of 

April 25. 1973 (38 FR 10208), it was pro ­

posed to revise and res tru ctu re Subchapter B of Chapter One of this title. 

Tha t Proposed Rulemaking advised that 

th e existing ‘‘Pa rt 13—Im portation of 

Wildlife or Eggs The reof,’’ would be redesigna ted “Part 16—Inju rious Wildlife”

an d t hat modifications of th at pa rt would 

be proposed at a later date . The proposal and explana tory ma terial se t forth 

below fulfill th at obligation and furth er 

propose modifications to the regulati ons 

regard ing th e imp orta tion of inju riou s 

wildlife as prom ulga ted und er the au ­

thority of the Lacey Act. (18 U.S.C. 42).

The reference s in this proposal to other 

sections or parts of 8u bchapte r B of 

Title 50 are to the proposal published on 

April 25, 1973, and mentioned above. It 

is plan ned th at th at proposal will be in 

effect before the comment period on the 

prese nt proposal expires.

Background

In general. 42 18 U.S.C. 42 auth orizes 

th e Secreta ry to prescribe by regulation 

tho se wild mammals, wild birds, fish, 

mollusks, crus taceans, amp hibians, and 

rep tile s or the offspring or eggs of any 

of t he foregoing (he rei nafte r ‘‘wildlife’'), 

which are inju riou s to huma n beings, to 

the interes ts of a griculture, hor ticulture, 

forestry, wildlife, or to the wildlife resources of the United State s (he rei nafte r 

"the nam ed interests" ). Subje ct to certain statutor y exceptions, such proscribed wildlife may n ot be imported into 

the United States, except as permitted 

by the Secret ary for zoological, edu cational. medical, or scientific purposes.

Cu rre nt Information shows th at injury 

caused to the named intere sts by imported wildlife is more widespread and 

serious than previously believed. Pre sen t 

ecological and other knowledge, incl uding an awareness of the large and growing volume of Imported live wildlife, 

demo nstrate th at a thoroug h regu lation 

of s uch importa tions is necessary to protect the named intere sts from additio nal 

injury . Rec ent examples exist of inju ry 

caused to the named intere sts and to 

sim ilar intere sts in other cou ntries by 

imported wildlife. Control and eradic ation programs for pest or "exo tic’’ species 

are costly, frequently unsuccessful and 

are curativ e rath er tha n prev entativ e in 

na ture.

An Env ironmental Impact State ment 

will be prep ared in conjunction with this 

proposal and will be made available for 

inspection as soon as possible. It is expected th at th e d raft Env iron mental Im ­

pa ct State me nt will be available for pub ­

lic com ment within several weeks.

When the Env ironmental Impact 

State ment has been completed, a notice 

will be published in the Federal Register

so advising the public. The comm ent pePROPOSED RULES

riod with respect to thes e proposed 

amendments will rem ain open for at 

lea st 60 days after publication of the 

notice ann ouncing the availability of the 

Environ mental Impact State men t as 

men tioned above, in order th at the pub ­

lic will have an oppo rtun ity to com men t 

on the regulatio ns afte r reviewing the 

Env ironmental Imp act Stateme nt. 

Proposed Controls

Accordingly, a system to provide 

scr utiny and control over the im po rta ­

tion -of wildlife sufficient to preven t fu rther injury to the nam ed int ere sts is 

hereby proposed.

In general, the following proposal includes a determ ina tion based on scie ntific evidence prese ntly available th at all 

wildlife is or would be injurious to one 

or more of the named intere sts at some 

time or place when imported int o the 

United States. The proposal would pro ­

hib it the imp orta tion of such live wildlife. except as allowed hy the Sec retary 

under a permit for scientific, educational. zoological, or medical purposes. 

However, the proposal also recognizes 

th at the risk of injury to the nam ed in ­

terests posed by some “low risk” species 

or genera of wildlife is so slig ht as to 

justify a determ ina tion th at im portation thereof can be allowed without a 

perm it. In fac t, the findings indicated 

th at most species of marine fishes were 

"low risk."

The proposal would, the refo re, estab ­

lish a list of wildlife which the S ecretary 

has dete rmined pose little risk of injury 

to the name d interests. This proposal 

does no t apply to wildlife designa ted as 

"low risk.” All wildlife not designa ted as 

"low risk" would be identified by. exclusion as inju riou s and could be imp orted 

only pu rsu an t to a permit for scientific, 

educational, medical, or zoological pu rposes. A permit, which may be issued 

when th e Secreta ry finds there has been 

a pro per showing of responsibility and 

continued protection of the nam ed intere sts, would be required prior to the 

imp ortation of such injurious wildlife.

Problems rela ting to potentially 

harm ful mar ine fish importations are 

substantially different in ch arac ter from 

those rega rdin g the ir freshwa ter cou nter pa rts . In the lat ter case the prima ry 

concern was possible harm to the wildlife or the wildlife resources of the 

United Sta tes caused by escapes or deliberat e introductions as the th re at to 

huma ns is gre ate r with marine species. 

In the case of marine fishes whose total 

estimate d num ber is abo ut 11,700 species, accidental or delibera te introdu ctions resu lting in the establish me nt of a 

species are almost unknown due to the 

species and unenclosed na ture of the 

marine ha bit at. On the oth er hand , ven ­

omous (stinging) marine form s greatly 

outnumb er those occurring in fresh 

wat er, an d some of the more potentially 

dangerous species have been and are 

now readily available to the home aq uaria t. Biting or att ackin g ma rin e fishes 

(sharks, morays, gia nt seabas ses,. are 

limited by their size and the occasional 

small species available to the aqu ariu m

hobbyist are not considered to be of poten tia l danger. Since most species of 

ma rin e fishes were found to be "low 

risk ,” the list of marine fishes identifies 

all species as "low risk,” except those 

genera listed.

The list contained in this proposal 

would be subject to con tinued review a nd 

modification as da ta are accumulated 

concerning the degree of risk posed by 

either listed or unlisted species. The 

common nam es included on the list of 

freshwa ter fishes may be revised during 

the public com men t period, by the pub ­

lica tion of a notice in the Federal Register. These common nam es a re provid ed 

simply for the guidance of the public, 

and have no legal significance.

Furth er, this proposal would simplify 

the enforceme nt of thes e regulations by 

requiring the pre-clear anc e a nd issuance 

of permits for all injurious wildlife.

It should be recognized th at Psittacine

bird s are excluded from this proposal by 

the sta tute and, therefor e, imp ortation 

of the monk parak eet (Myiopsitta monachu s) would not be regu lated in spite, 

of its known dan ger to the nam ed in ­

terests.

In addition, the importation into this 

cou ntry of certa in forms of wildlife is 

controlled by the Migratory Bird Treaty 

Act, (16 U.S.C. 668-668d), Endangered 

Species Conservation Act of 1964, (16 

U.S.C. 668aa-668cc-d). and the Marine 

Mammal Pro tection Act of 1972, (16 

U.8.C.A. 1361) (Supp. 1973) an d the implem enti ng regulations con tained in 50 

CFR Ch apter 1, Subchapte r B. Accordingly. it will be necessary for an importer 

to examine the applicab le provisions of 

Subchapte r B as well as this proposed 

Pa rt 16 in order th at all sta tutor y and 

regulatory requ irem ents are met. In the 

revisio n of Subch apter B, as previously 

discussed, there will be a consolidation 

and reorganiza tion of the various provisions in order th at an importer, for example. of a n enda ngered species of wildlife, which is also determ ined as injuriou s 

to the named inte rest s, will be advised 

of the neces sary inform ation and re ­

quirem ents for an imp orta tion permit.

The list, as presented in this proposal, 

does no t tak e into acco unt commen ts 

from th e National Marine Fisher ies Service rega rdin g aqu atic species of significance to the commercial fishery industry. 

Therefore, the list will be subject to revision during the public comm ent period, 

in order to make th e necessary modifications.

Public Comments Solicited

The Directo r intend s tn at the finally 

adop ted rules be as responsive as possible 

to the named intere sts; he the refore desires to obtain the commen ts and suggestions of t he public on the problem s of 

achieving compliance with the proposed 

rules and the assoc iated Impact on the 

various concerned persons. Comments 

are pa rtic ula rly invited pe rtaining to th e 

proposed lists of wildlife. It is im portant 

to recognize th at the wildlife listed in 

this proposal are tentati ve and any suggestions for modifications shou ld ue

FEDERAL REGISTER, VOL. JR, NO. J44— THURSDAY, DECEMBER JO, 1473
122

accompanied by da ta to sup port these 

suggestions.

Public hearin gs on th is proposal will be 

held in Washington, D.C., San Francisco, 

California, an d Miami, Florida prior to 

final rulemaking . The dates, times, and 

places of t he hearing s will be announced 

at a later d ate by pu blication of a notice 

in the Federal Register. At least 60 days 

will be allowed between the publication 

of th is proposal a nd the date of any such 

hearing.

The Director s final prom ulga tion of 

inju riou s wildlife control s will tak e into 

consideration the comm ents an d tes timony he receives. C omments, testimony, 

and an y a dditional inform ation received, 

may lead the Director to adopt final 

regulatio ns th at differ in imp ortan t ways 

from this proposal.

Submittal or Written Comments

Intere sted persons may particip ate in 

this rulemaking by sub mitting written 

comments, prefe rably in trip lica te, to the 

Director (FSF/LE ), Bureau of Spo rt 

Fisheries and Wildlife, Washington, D.C. 

20240. All rele van t comm ents received 

from the da te of th is publication and for 

a period of 60 days afte r publication of 

a notice in the Federal Register an ­

nouncing th at the Env ironmental Im ­

pac t Sta tem ent is available (and which 

notice will set out the date on w hich the 

comment period will end) will be considered. The Directo r will give consideration to an extension of the period for 

public comment in the event th at the 

lists of wildlife are revised, as indicate d 

above, in rega rd to the common names 

of freshw ater fishes, or in regard to 

aquatic species of significance to the 

commercial fisheries indu stry. Any such 

extension will be announ ced by the p ublication of a notice in the Federal Register. The Bureau will att em pt to 

acknowledge receipt of comm ents, but 

substantive responses to individual commen ts will not be provided. Comments 

received and the Env iron mental Impact 

Sta tem ent will be available for public 

inspe ction during norm al business hours 

at the Bureau’s office in Suite 600, 1612 

K Street . NW., Washing ton. DC . This 

notice of proposed rule mak ing is issued 

under the autho rity of (18 UB.C. 42).

Dated: December 18,1973.

Kenneth E. Black,

Acting Director, Bureau of

Sport Fisheries and Wildlife.

It is proposed to r edesignate Par t 13 of 

50 CFR C hap ter I. Sub cha pter B to Pa rt 

16 of th at same Title as follows:

PART 16— INJURIOUS WILDLIFE

Subpart A— Introduction

16.1 Pu rp os e o f re gu latio ns .

16.2 Scope of r eg ul atio ns .

Subpart B— Designation of Injurious Wildlife

16.11 In ju ri ous wildlife.

16 12 Low ris k wild life Hat.

16.13 Amen dm en ts to th e li st of low risk 

wildlife .

Subpart C— Permits

16.21 Oen eral p erm it re quirem en t.

16.22 In ju ri ous wild life p er m its .

PROPOSED RULES

Subpart D—Additional Restrictions and

Exemptions

Sec.

16.31 Im por ta tion of live or de ad fish of

th e f am ily Sa lm on ldae .

16.32 Im portat io n by Fe de ral age ncies .

16.33 Psi ttac in e birds.

Aut ho rity : Lacey Act, 74 St at . 754 (18 

U.8.C. 4 2 (a )(1 )).

Subpart A— Introduction

§1 6. 1 Purpose o f regulations.

The regulatio ns contain ed in this pa rt 

identify those species and genera of live 

wildlife which the Sec retary has de ter ­

mined pose a low risk of injury to huma n 

beings, to the int erest of agriculture, 

horticulture , forestry, or to wildlife or 

the wildlife resources of the United 

States. All oth er species of live wildlife 

or the eggs thereof, a nd dead fish or eggs 

of salmonids of the fish family Salmonidae are deemed to be injurious to those 

interests. Procedures and criter ia for issuance of perm its for importation and 

ship ment of injurious wildlife an d for 

public participa tion in the amend ment 

of the list of low risk wildlife are pro ­

vided. The regulations for this part implem ent the Lacey Act < 18 U.8.C. 42).

§ 16.2 Scope of regulations.

<a> The regu latio ns in this pa rt apply 

to all imp orta tions into the United 

States, any territo ry of the U nited Sta tes, 

the District of Columbia, the Commonwealth of Pue rto Rico, or any possession 

of the United Sta tes, or any shipment 

between the co ntinen tal United States, 

the District of Columbia, Hawaii, the 

Commonwealth of Pue rto Rico, or any 

possession of the United States, of live 

inju rious wildlife or the eggs thereof, 

excep t Psittacine birds, bu t Including 

dead fish or eggs of salmonids of the fish 

family Salmonidae. These regulations are 

in addition to a ny other regulations governing the importation of wildlife, in ­

cluding without being limited to, the requirements to im port all wildlife through 

designated ports of en try (P art 14), or 

the prohibitions on the imp ortation of 

endangered species (P art 17), marine 

mammals (Part 18), mig rato ry birds 

(P art 21), o r wildlife take n, transp orte d,

List o r Low Risk Wildlife

Rock dove; co mmon p igeo n (r ac in g an d s how 

va rieties).

Zebra finc h_______________________________

Ben galese or socie ty fi nch ----------------------------

C an ary _______________________________ . __.

MAMMALS

Go lden ha m st er------------------------ -----------------

Jl rd (t he gerbll of pet tr a d e )_______________

Bro wn o r Norw ay R at (lab or ator y s tr a in s )__

House mouse (lab or ator y s tr a in s)-----------------

G ui ne a pi g___ . . __________________________

B u ll fr o g ____

Leopard (roe .

Am erica n lo b st er. — 

Atlan tic sp iny lobs ter 

Pacific sp iny lo bst er.

34971

or sold in violation of foreign law (P art 

14). See those part s, or oth er appro ­

pri ate sta tutes and regulatio ns, for 

specific information.

(b) The regu latio ns a nd pe rmit system 

established for imp ortation of Bald and 

Golden Eagles, m arine mammals, migratory birds, and end ang ered wildlife are 

supp lemented by the regulations of this 

pa rt in order to avoid a multiple permit 

system. To the exten t th at imp orta tion 

is prohibited by this pa rt, except under 

permit, the requirements and criter ia of 

this p ar t must be complied with, in add ition to ot her provisions of Subc hap ter B. 

Therefore, to the e xte nt the importation 

is also controlled by the regulatio ns 

rela ting to marine mam mals, Bald and 

Golden Eagles, mig rato ry birds or en ­

dang ered species, the permit app licant 

must provide the inform ation and mee t 

the criter ia of those regulations as well 

as of th is part, if the wildlife is in jurio us 

to the nam ed interests.

Subpart B— Designation of Injurious 

Wildlife

§16.1 1 Injurio us w ildlife.

Afte r reviewing scientific and other 

da ta available to him, the Secretary 

hereby determines th at, with the exception of Psitt acine birds a nd those species 

listed in 9 16.12 of this sub part, all live 

wildlife or th e eggs thereof, as well as the 

dead fish or eggs of salm onids of the fish 

family Salmonidae, are inju riou s to 

human beings, to the intere sts of agriculture. hor ticulture, fores try, or to wildlife or the wildlife resources of the 

United Sta tes if or when imported into 

or shipp ed between the con tinental 

United States, the District of Columbia, 

Hawaii, the Commonw ealth of Pue rto 

Rico, or any possession of the United 

States.

§16.1 2 Low risk wild life Hst.

After reviewing scientific and oth er 

da ta available to him, the Secreta ry has 

determined th at the wildlife listed below 

are not injur ious to h um an beings, to the 

intere sts of agri culture, hor ticulture, 

forestry, or to wildlife or the wildlife 

resources of the United States.

Co lumbia liv a (G melln)

Po ephila g utt ata (V lel llo t) 

Lo nc hu ra stri ata (L inna eu s) 

Se rin us ca naria (L inna eu s)

JMesocricetus a ur at us (W ater ho us e) 

Meriones unguic ula tu s (M Un e-B dw ard s) 

Ratt us norve gic u* (B er ke nh ou t)

Mus musculus (Linnaeus)

Cavia p or ce llu i (L inna eu s)

------- Ra na c atesbeiana (Shaw)

____ Ra na p ipiens (S ch rebe r)

crustaceans

------- Hom arus a merican us

____ Pa nd ular us argus

. . . __ Pa nd ular us inte ru ptu s

FEDERAL REGISTER, VOL. 31, NO. 244— THURSDAY, DECEMBER 20, 1973
123

34972 PROPOSED RULES

American oyster -

So ft she lled clam

Nona.

List or Low Risk Wildlot

mollusks

------------- — Craaaoatrea v irginica

- - - --------------- Mya aren aria

SEFTILES

F reshw ate r Fish

Freshwater fishes. Including euryhallne fishes, are listed by order, family, and 

genera. The generic listing is arrang ed 

in alph abetical order within the family 

and only those genera or species named 

are Included on this list of low risk wildlife. The orde r and family nam es a re provided for ease of iden tification only. 

Some of the more widely known common names are Included for guidance 

only and have no legal significance. The 

lett ers “NCN” following a nam e means 

th at there is no generally known common name for tha t fish.

Order P olyp terlform ee—Lobefln lun gflshe s

Fam. Polypter ldae— Blch lrs

Polyp t erua—Blch lrs

Calam oichth ya—Reed fishes

Order Osteogloaslformes

Fam. Pan todontldae—Fre shw ater but ter ­

fly fishes

Pantodon —Freshwater butterfly

Ashes

Fam. Notopterldae—African knife fishes

Notop terua—African Knife Ashes

Xencmyatua—Sm oothb ack African

Kn ife fishes

Order Mormyrlformes— Ele phant fishes and

NUe eels

Fam. Mormyrldae— Ele phant fishes

Campylo mo rmyru a—NCN

Genyomyru a—NCN

Gnath onem ua—NCN

Hc teromorm yru a—NCN

Hippopota my rua—NCN

Hypcropiaus — NCN

lairh thya—NCN

Marcuaeniua—NCN

Mor myrodea—NCN

Mormyropa—NCN

M ormyrua—NCN

Ozym orm yru a—NCN

Param yom yru a—NCN

Petrocep halua—NCN

Phagr ua—NCN

Solenomormyrua—NCN

Stom ato rhinua— NCN

Order Gonorynch If ormes—MUkflsh and relatives

Fam. Knerlldae—Bluntno se minno ws

Kn eria—African blu ntn ose

Fam. Phractolaemldae—Thum bflshe s

Phractolaemu a—Topmouth

Order Cyprlnlformes—Carps, characlns, and

rela tives

Fam Characldas (stric t se ns e) —Characlns

Aleatea—Halfstripe Characlns

A leatopeter aiua—Con go characlns

Aphyocharoz — Bloodfln tetras

Am oldich thya —Blg scale characlns

Aa tya naz (In cludin g Ano ptich thya)

—Mexican tetr as

Axelrod (a—NCN

Ba theth iopa —NCN

Boehtkia—NCN

Bryconaleate a—NCN

Bryco nam erie anu a—NCN

Chalceu a—Plnktall characlns

Ch ara z—Humpback headsta nders

Cheiro don—Cardinal tetr as

Cory no poma —8 word tall cha rac lns

Cr eagrutus—Ooldstrtped characlna

Cre atochanz a—Orangefln cha rac lns

Crenuchua—8aliftn characlns

Ct mob ryco n—811ver tetras

Epicy rtu a—Glass tetr as

Ephippich aro z— Blgscale dollarflshes

Gephy rochar ax—Platinum tetr as

Gymn oco rym bua —Blac k tetras

Haaemannia—Smooth back tetras

Hemibrycon —Blac kwe dge cha rac lns

Hem igrammua—Rainbow tetras

Hollan dichth ya— NCN

Bolobrycon—Mourning tetras

Hypheaaobrycon— Painted tetr as

Iguano dectea—Dace cha rac lns

Knodua—NCN

Ladigeaia—NCN

Leptagon iate a—Longfrlnge cha rac lns

Markian a—StumptaU tetras

Megalamphod ua—Ph an tom tetras

Metynnia—Silver dollarflshes

Mier aleatea—Sharp tooth tetras

Microbrycon—Moonlight tetras

Mim agoniatea—Croaking tetras

Moenkha uaia—Glassy tetras

My leu*—NCN

Myloaaoma—Silver plateflshes

Nema tob ryc on—R ainbow tetras

Parach eirodo n—NCN

Petereiue—Silver congoe

Phenocoga ater—Blgeye cha rac lns

Phenacogrammua—Congo tetras

Phoxinopaia—Barb tetr as

Piabucua—Band cha rac lns

PoecUocharoz— NCN

Prion obrama—Glass bloodfln s

Priate lla—Goldfinch tetras

Paeudochalceua—NCN Pseudocorynop oma -Drag on fl ns

Steth op rio n—H lghfln dollar fishes

Tetra gon opteru a—Ditt o characlns

Thayeria—Pengu in fishes

Triportheua—Sl ender ha tche ts

Ty ttochara x—NCN

Fam . Leblaslnldae—NCN

Copeina—Jump ing cha rac lns

Copella—Slender sprayers

Nannoatom ua—Pencil fishes

Poecilobryc on— Tallstand er pe ncils

Piabucino-NCN

PyrrhuHna-Sprayers

RocAoetscus-Bluespotted char aclns

Fam . Parodontld ae-P arodons

Apareiodon-VJalt zln g parodon s

Parodon - Par od on s

Fam. Oasterop elecldae-Hatch etflshes

Cam eyiella -Dwarf ha tche ts

Gasferop clecus-H atchetflshes

7?i or oco cha rox -Stralghtbac k

hatch ets

Fam. Prochllod ont ldae-B artall tetras

Prochllod us-Zeb ratall tetr as

Fam. Curlmatldae-NCN

Acuticurlmata-NCN

Cu rim ata-Ro ach cha rac lns

Curimatopaia-NCN

Fam . An ostomldae-H eadstander pe nc ilfish es

Abramlfes-M arbled hea dstand ers

Ano stomus-H eadstanders

Lo em olyta-Crossband headstanders

Leporinua-Sp otted pencUs

Tylobran chu s-Serg ean t head stande rs

Fam. Hem lodontldae-N CN

CAaracldivm -Goby characlns

Hem iodopaia-NCN

Fam. ChU odo ntldae -8potted

headstanders

Ch ilod ua-Sp otted hea dstand ers

Fam. Dlstlch odontldae-Lobeta ll

characlns

Disflchoduj-L obeta ll cha rac lns

Fam Clth arlnld ae-Clthar lnk ls

Nann aethiop a-Se alytall cltharln lds

Neoleblos-Sm oothtaU cltharln lds

Fam. Apteronotldae. Oymnotldae. and

Rh am phlch thy lda e-K nlfeflshe s

Ap ter on otua -Quillback kniv es

E tge n ma nn ia - G1 eask n Ives

Gym nor ha mph ich thy a -NCN

Gy mnof us-Knife fishes

Hy pop omua-Sp otted glasaknlvee

Od ontoatem archua-N CN

Oedem ogn athua- NCN

Ortho ate ma rch ua-NCN

Porotergua-NC N

Rab dolichopa -NC N

Rh am phich thy a-ljon gnoaa kni ves

S teat ogenya-NCN

S tem arc hella-NCN

S temar ch og i ton - NCN

Sternarchorham phua-NCN

Stem arc horhy nchua-N CN

Sterna rch ua- Qhoattlah za

Sternop ygua-NCN

Tateichthy a-N CN

Ubidia-NCN

Uramara-NCN

Fam Cyprlnldae-Carps, barbs, and

minno ws

Aphyocyprie-Talaa wh lteclouds

Balan tiocheilua-Bala sharks

Barbua ane mu s-H lgh fln sUver barb

fl. aruHux-Longfln barb

B. bln ofafus-Spo tte d barb

A calflpferu s-C llpper barb

B. ca mp tac anthua-AIricun redfln

barb

fl. ch ola-Swamp barb

B. conehoniu a-Rosy barb

B. cu mingi-Q olde ye barb

B. dor aim aeulatu a—Bla ckline barb

B. du nc ke ri—Bigs pot barb

B. ev er et ti—Clown barb

B. faaciatua—Striped barb

B f aac io la tua— African band ed barb

B. fllamentoaua — Bla ckspo t barb

B. gambienaia—Brassy barb

B. geliua—Dviaxt barb

B. ha lei— Hale barb

B. hezaz ona—Slxban ded barb

B. ho lotaen ia—Spo tscale barb

B. hu lataerti— Butterfly barb

B. kerat eni—Kersten barb

B. later iatrig a—Spanner barb

B. lineatua—Malayan striped barb

B lineomaculatua—Sevenspot barb

B m elan am py z— Ember barb

B. nigrofaaciatu a—Blac k rub y barb

B. olig olepia—Checker barb

B. paludinosu a—Long redfln

B pa rt ipe n taz on a—Banded barb

B pentazonn'— Five bande d barb

B. ph ut un io—Pigmy barb

B pu ck elli—Two spot barb

B. roloffl—Str eak scale barb

B. aachai—Golden barb

9. achwanenfeldi—Tinfoil barb

9 arm ifaaeiolatua—Halfstrlped barb

B aomphon gai— Black tip barb

B. atigma—Band tall barb

B atigm atop ygua —Midspot barb

B atoliczka nua—Platinum barb

B ferfo—O nespo t barb

B tetra rupagua—Bandfln barb

B. tetraz on a—Tiger barb

fl tiet o— Tic tec toe barb

B. flffey o— Cherry barb

B. triapiloa—Three spot barb

B. un ito en iatua—Redfinn ed barb

B. uau mbarae—Dace barb

B. vittat ua —Banded barb

B HHparus— SUver barb

B. wo hlerti—Vlole tstrlp e barb

Bariliua—Slender barbs

Beir aba rbua—Belrabarbs

Brachydanio—Dan los

Carazeiua auratua— (ornam ental varie ties) —Gold fish)

FIOERAl REOISTN, VO L 31, NO. 344—TNUMOAY. DECKMBH 30, 1073
124

Crosaocheilua—Algae-ea ter barb®

Cy clo chcil ich thya—Round scale

barbs

Cypri naa carpio— (klo varieties) —

klo

Danio—G iant d anlos

Eirmotua—False barbs

Epalzeorhynch.ua—Fly ing fo x barbs

Eaomua— Flying barbs

Garra—Stonelapp ers

He migramm ocy pria—NCN

Horadand iya—Midget m innows

Labau ca—Dadlos

Labeo bicolor i

L. variega tua )

Lucioaoma—NCN

Moruiius—NCN

Orygaater—Glass barbs

Pu ntioplite a—Yellowcheek barbs

Raa bora—Rasboras

Raabo richth ya—Keel belly barbs

Ta nic hth ya—Wh lteclouds

Fam. Gyrlnochellldae—Algae eaters

Gy rinoch eilu a—Chinese algae eaters

Fam. Homalopterldae—Suckerloaches

Goa from yzon —Torr en tflshes

Homalop tera—Suckerloaches

Fam. Cobltldae— Loaches

Ac an thop htha lm ua—Coolie loaches

Acanthopaia—Longnose lo ach es

So fia —Short loaches

Cobltia—Weatherflshes

Lepidoce pha lua—Ind ian lo aches

Order Sllurlformes—Catflshes

Fam. Bagrldae—Seac ats (some fre shwater)

Chryaichthya—Popeye bagrlds

Gep hyroglania—Tooth less bagrlds

Leiocoaaia—Piebald cats

Myatua—Ind ian ca ts

Parauchenoglania—Variegated c ats

Fam. Sllurldae—Eurasian catshes

Kr yp topterua —Gla sscats

Fam. Schllbeldae—F lat catflshes

Eutropie llua—NCN

Schilbe—Longback cats

Parailia—Speckled X -ray cats

Phyaailia—African glasscats

Fam. Pangaslldae—NCN

Pangaaiua—NCN

Fam. Amphlllldae—NCN

Ph rac tura—NCN

Fam. Chacldae—Chacas

Chaca—Chacas

Fam. Mochokldae—Branchwhlsker ca tflshes

Syno do ntia—Upside-dow n cats

Fam. Doradldae—Thorny cats

Acanthod oraa—Chocolate cats

Agamyxia—NCN

A mblydoraa—NCN

Anadoraa—NCN

Apuredora a—NCN

Aatrodoraa—NCN

A utanad oraa—NCN

Ce ntroc hir—NCN

Centrodoraa—NCN

Doraa—Thornycats

Franciacodoraa—NCN

Hoplodoraa—NCN

Hypodoraa—NCN

Lep todcraa—NCN

.Vrpalodoraa NCN

Nemadoraa—NCN

Opaodoraa—NCN

Orinocodoroa—NCN

Or y doraa—NCN

Plafydo ras—NCN

Paeudodoraa—NCN

Scorpiodoraa—N CN

Trochydoraa— NCN

Fam. Auchenlpterldae—F rontfln ca tflshes

Centromocn iua—Frontfln cats

Trachycoryatea—A irbr eathing fron tfln s

PROPOSED RULES

Fam. Aspredlnldae—Banjo ca tflshe s

Aymus—NCN

A maraita—NCN

Aapre din ich thu a—NCN

Aapredo—NCN

Bu noccp halichth ya—NCN

Bunocephalua—Banjocats

Chamaigenea—NCN

Dyaichthya—NCN

Eruatichthya— NCN

Hoplo myzon —NCN

Petocora—NCN

Platiatua— NCN

Platyatacua—NCN

Ptcrob unocephalua —NCN

Xiliph iua—NCN

Fam. Plmelodldae—L ongwhlsker catflshes

Ac entro nichthya—Fork tall ridgebacks

He ptapterua — Rldgebacks

Microglania—Dwarf marbledcats

Pim e lode Ila—Longwh takers

Ps eudopim elo dus—False p lmelodus

Fam. Agenelosldae— NCN

Ageneioaua—NCN

Fam. Helogeneldae—T hum b catflshes

Helogenea—Thum bcats

Fam. TYichomycterldae—Slender parasitic catflshes

Py gidium —Loachcats

Fam. Calllchthyldae—Armored catflshes

Brochia—Hlghback armoredcats

Callichthy a—Shrlm pea ts

Corydoraa—Armoredcats

Dianem a—NCN

Ho ploaternum — Longwhlsker armoredcats

Fam. Lorlcarlldae— Suc kermout h catflshes

Anciatrua—Bearded su ckercats

Cochliodon— NCN

Farlowella—Twig cats

Haaaar—NCN

Hem ianciatrua—Red plecostom us

Loaianciatrua—NCN

Loricaria—Slen der armored cats

Otocinclua—Algae-eater cats

Ozy loricaria— NCN

Panaque—Bnndedfln suckerca ts

Plec oatomua (Includes Hypoatomua)

—Plecostomus catflshes

Pterygoplic hthya—NCN

Sp atu lor ica rla —NCN

Sto niella—Sa llfln suckerca ts

Xenocara—M opface cats

Fam. Astroblepldae-Keelb ack catflsh es

Argea—NCN

Aatroblepa—NCN

Cyclo piu m—NCN

Order Atherln lformes—Sllversld es, top minnows, and rela tives

Fam. Exocoetldae-H alfbeaks

Dermogenya—Llvebearlng halfbeaks

He mirha mp hodon—Hookblll ha lfbeaks

Fam. Oryzlatldae-Rlceflshes

Oryziaa—Rice Ashes

Fam. Cyprlnodontldae—Egglaying topminnow s

Aphaniua—Aslan pup flsh es

Aphyoaemion—Lyre tails

A ploche ilich t hya—Lampeyec

A plocheilua —Panchax

Auatrofundu lua—NCN

Cualac—NCN

Cubanic hth ya—Cub an Killies

Cyn olc biaa—Pear 1 fishes

Ep ipla tya—Eplplatys

Garmanella—NCN

Lamp richthya—NCN

Micropa nchax— Roundta ll pan chax

Nothobran chius—Ann ual fishes

Pachy panchax—St ou t panchax

Procatopua—NCN

Pte rolebiaa—South American lyretails

Racho via—Dwarf poolflshes

34073

Sim pso n ich thya—NCN

Trigonecte a—False panc hax

Valencia—S pan ish toothcarp

Fam. Goode Id ae—Placental llvebearers

Girard inicht hya—NCN

Goodea—Pla cental llvebearers

Hubbaina— NCN

Lermich thy a—F lat notch fln s

Neotoca—Guppy notch flns

Olle ntodon—Notchfln s

Fam. Anablepldae-Foureyed fishes

Anablepa—Foureyed fishes

Fam. Poecillldae— Llvebearlng top minnows

Alfaro—Kn ife llvebearers

Bra chyraphia—Bishop s

Cneaterodon—Chu rchkey llvebearers

Girardinua—Metalslde llvebearers

Glarid ich thya—Sw lftstr eam llv ebearers

Jenynaia—One-sided llvebearers

Phallich thya—Merry Widows

Phalloce roa—Dusky llvebearers

Ph alloptyc hu a—Barred llvebearers

Poecilia (Incl. Lebiatea, Lim ia, Mollinieneaia and Mi cropoecil ia) —

Guppies and Mollies.

Poeciliopaia—Banded llvebearers

Poeciliatea—Porthole llvebearers

Priape lla—Sm okey llvebearers

Paeudox iphoph orua—False swordtails

Quintan a—Blackband llvebearers

Tom eurua—NCN

Xenode xia—NCN

Siphoph oru a—Swor dtails and P latles

Fam. Atherlnldae— Sllversldes

Alepidom ua—Spotted sllversldes

Bedotia—Madagascar ralnbowflshes

Me lanotaenia—Aus tralian ralnbowflshes

Nema toc entria—Aus tralian ralnbo wflshes

Te lmath erina—Ceyebes ralnbo wflshes

Paeudom ugil—NCN

Order Gastero stetform es—Sticklebac ks, pipefishes. and rela tives

Fam. Indostom ldae—Pigmy lake stick lebacks

Indoatomua—Pigmy lake stick lebacks

Fam. Syn gna thld ae— Pipefishes

Doryichthya >

Microphia Freshwater pipefishes

Nerophia J

Syngnathua—Pipefishes

Order Perclformes—Perchllke Ashes

Fam. Centropomldae—Hlghfln perch es

Chand a (Includes Ambaaaia)—Glassperches

Gy mn ochanda — Threadfln glassperch es

Fam. Kuhllldae—Pigm y perches

Nan nop erca—Pigmy perches

Fam. Monodactylldae— Plngerfishes

Mon odac t yl ua—Monotactylua

Fam. Toxotldae— Archerfishes

Toxotea—Archerfishes

Fam. Scatophagldae— Sca ts

Sca tophag ua—Scats

Selen oto ca—False scats

Fam. Nandldae— Nand lds

Achamea—NCN

Afrona ndu a—African nandus

Badia—Dwarf chameleo nflshes

Mon ocirrhua—Sou th American leafflshes

Polycentropaia—African leaf-fish es

Po lyc entru a—Clearfln leaf-fish es

Po ma not ua—NCN

Pria tole pia—Banded nand lds

Fam. Clchlldae—Clchlld s

Aeq uid ena—Ac&roa

Aca richth ya—NCN

Acaronia—Blgeye clchllds

Apiatogram ma —Gwa rt clc hllds

Aatronotua—Oscars

A u lonocara—N CN

FCDCtAl RMISTIt, VOL 31, NO. 344 — TMUISOAY. DICIMBW 20, 1V 3
125

34974

Batrachopa—NCN

Bi otodom a—NCN

Bio toecua—O lauy dwarfclchllds

Ch aetob r anchopaia—N CN

Ch aetob ran chua—NCN

Ch ilo til ap ia—NCN

Cichlaaoma—C lchllds

Corem ato dua—NCN

Crenicara—Chessboard clchllds

Crenici chla—Pike clchllds

Cyath ochrom ia—NCN

Cy atho ph ar yn x—NCN

Cy no til ap ia— NCN

Cy ph otila pia—Wrasse cl chllds

Ere tmodua—NCN

Etroplua—Chromldes

Genyochro mia—Sc ale -ea ter Clchlld s

Gaophag ua—Eartheatera

Haplochromia—Mouth breeders

Hamic hromia—Jewelflshes

Hemihaplo chrom ia—NCN

Hem itilapia—Leafcleaner clc hllds

Herotilipla— NCN

Hop lotilap ia—NCN

Julidochrom la—Striped clc hllds

Labao trophe ua—NCN

Labidoch rom la— Bu cktoo th clc hllds

Lamprologua—Hog clc hllds

La ptotila pia—NCN

Lathr ino pa—Sand diggers

Lim nochrom ia—NCN

Limno til ap la—NCN

Lobochilotea— NCN

Mocroplau rodu a—NCN

Me lanoch rom la—NCN

f'/annocaro—Dwarf acaras

Nanochromia —NCN

Neetroplua— NCN

Pe lmato chrom la (In clu des subgenus

Pe lvi coch romia)—Spo tfln clchllds

Periaaodua—NCN

Patan ia—NCN

Petroc hro mla—NCN

Petro til ap ia—Rockscrapers

Placo dua— NCN

Paeudotropheua— Dam sel clc hllds

Pt arop hy llu m—Freshw ater angels

Ratroculua—NCN

Serranoc hro mia—Seaba ss clchllds

Sim ochro mia—NCN

Steatoc ran ua—B umpheads

Symp hyaodon—Discus

Telaogra mm a—Slender dwarf clch ­

llds

Te lmato chrom ia—NCN

Trophaua—Lake clc hllds C/rau-Uraus

Xen otila pia—NCN

Fam Eleotrldae— Slee pers

Caraaaiopa—A ustralian sleepers

Eleotria—River gobies

Dor mita tor—Sleepers

Mo gur nda—P urp lestrlped sleepers

Ophio cara—8n akehead gobies

Hypae leotria—C ham eleo n gobies

Fam. Qoblldae— Gobles

Bathygobiua—Frlllfln gobies

Bnach ygobiua—Bumbbleefllshes

Evort hodua—Banner gobies

Go bio pte rua—G lass gob ies

Gotrtus—Gobles

Scar te laoa—N CN

Stigmatog ob iua—Frlngefln gobies

Fam. Perlophthalmldae — Treecllmblng

gobies

Perio phthalm ua—Mudsklppers

Fam. A nab ant ldae—C limbing perches

Ctenop om a—Short climb ing perch es

Fam. Bel ontlldae—Labyrlnth flshes

Belon tia—Com btall paradlseflahes

B etta —Flg htlngflshes

Collaa—Banded gouramls

Cenopa—Croaking gouramls

Macropodua—Paradise fishes

Malpu letta —NCN

Sph aarichth ya—C hocolate gouramls

Trie hog oa te r—Oo uram Is

lFre6hwater puffers

PROPOSED RULES

Tric hopaia—D warf gouramls

Fam Helostom atldae— Kissing gouramls

Heloatom a—Kissin g gouram ls

Fam. Osphronem ldae—Olant gouram ls

Oaphronamua—Giant gouram ls

Fam Luclocephalldae—Plkeheads

Luciocaph alua— Plkeheads

Fam. Mastacembelldae—S pin y eels

Bdallorh ynchua—NCN

Coecomaatacam belua— NCN

Mocrogna thu a—Fllenose spi ny eels

Moataccm belua—S pin y eel s

Par ar hy nc ho bde I la—NCN

Order Pleuron ect lformes—Flatfishe s

Fam. Soleldae—Soles

Achirua—Brazil an hog chokers

Trinectea—Hogchokers

Order T etraod ont lformes— Trlggerflshes, pu ffers. and relativ es

Fam. T etr aod ontldae— Puffers

Ca rin ote tra odon

Colomeaua

Sph oeroidea

Tet roo don

Marine Fish

All mar ine Ashes are Included on this 

list of Low Risk wildlife, except the ones 

named below. Marine Ashes which are 

excluded from this list of low risk wildlife are listed by order, family, and 

genera. The generic listing is arrang ed 

in alph abetical ord er within the family 

and only those gen era named are excluded from this list of low risk wildlife. 

The order an d family names are pro ­

vided for ease of IdentlAcation only. 

Some of the more widely known common 

names are included and have no legal 

signiAcance. Th e letters “NCN” following 

a generic nam e mea ns th at there is no 

generally known common nam e for th at 

Ash.

Order Raj 1 form es—S kates and rays

Fam. Dasyatidae—Stingrays

Doayatia—Com mon stin gra ys

Him an tura—Lon gsp lne stin gra ys

Paa tinach ua—NCN

Taaniura—Oval stingrays

Urolophua—R oun d stingrays

Order 8 ilurlform es— Catflshes

Fam. Plotosldae—Coral cat fishes

Plotoaua —Coral catflsh es

Order Batrac holdlform es—Toad fishes

Fam. Batracholdldae—Toad fishes

Da ector—Stinging toadflshes

Thalaaaop hryna—Freshwater st in ging toadflshes

Order Scorpaeniform es— Mallcheek fishes

Fam. Scorpaenldae—Scor plonflshes and

Btoneflshes

Brachlrua—Lesser Uonflshes

Inimic ua—D ragonhe ad scor pions

Pteroia—Lion fishes

Sy na nceja —Stoneflshes

Order Perclform es— Perch -llke fish es

Fam. Tra chlnldae— Weeverflshes

Tra chinua —Weeverflshe?

g 16.13 Amendments to the list of low

risk wildlife.

(a) The list of wildlife ( | 16.12) may 

be amended from time to time as additional da ta become available which d emonstrate th at a genus or species should 

be added to or removed from the list.

(b) The Directo r shall receive and 

ma intain da ta regard ing inju rious wildlife. Notice of a ny proposed ame ndm ents 

of the list of low risk wildlife for any p ur ­

pose will be published in the Federal

Register, which notice shall give interp-4ted persons not less than 30 days to

submit wri tten com men ts and suggestions.

(c) At any time any person may submit a request for a review of any pa rticula r listed or nonliste d wildlife. Such 

requests must be dated and in writing, 

an d should be su bmitte d to the Directo r. 

The requ est must contain the following 

inform ati on :

(1) Name and address of the person 

mak ing the request:

(2) Association, organ ization, or business, if any, represented by the perso n 

making th e request;

(3) Designation of the partic ula r 

species in question by common and 

scientiAc nam e;

<4) Narrative exp lanation of the request for review;

<5> ScientiAc commercial, or oth er 

da ta believed to su pport th e request; and

(6) Signature of the person making 

the request.

If it is dete rmined th at substant ial 

evidence has been presen ted which warrants a review, a Anding to th at effect 

shall be published in the Federal Register. Such notice shall give all interest ed 

persons an oppor tunity to subm it inform atio n on the sta tus of the species 

under review in such form or manner 

as may be speciAed. After consideration of these comm ents a decision will 

be made and published in the Federal

Register on whether to officially propose 

the add ition or deletion of a partic ula r 

species.

Subpart C— Permits

§ 16.21 General permit requirement.

Except as otherwise provided in Subpa rt D of this pa rt no person shall import int o the United Sta tes, any te rritory of the United Sta tes, the D istrict of 

Columbia, the Commonwealth of Puerto 

Rico, or any possession of the United 

States, or any shipment between the contin ental United States,,, th e District of 

Columbia, Hawaii, the Commonwealth of 

Pue rto Rico, or any possession of the 

United States, any inju riou s wildlife as 

designated in #16.11, except as may be 

permitted u nde r the terms of a valid per ­

mit issued pursu ant to the provisions of 

this part.

Any permit issued u nder the provisions 

of this Subc hap ter B for the importatio n 

of Bald and Golden Eagles, marine mammals. migratory birds, or enda ngered 

wildlife, which are inju riou s wildlife, 

must also comply with th e conditions an d 

criter ia of this pa rt.

§ 16.22 Injurious w ild life permit*.

The Director may, upon receipt of an 

application and in acco rdan ce with the 

issuance cri teria of this section. Issue a 

permit authorizing the imp orta tion intp 

or shipment between the continen tal 

United States, the Distrl tt of Cohambia. 

Hawaii, the Commonwealth of . Puerto 

Rico, or any possession 4 f th e .United 

8tate s of injurious wildlife (See # 16.11) 

for zoological, educational, medical, or 

scientiAc purposes.

(a) Application procedures. Application s for perm its to imp ort or ship injurious wildlife for such purposes sha ll be

FEDIRAL REGISTER, VO l. 31 , NO. 24 4— THURSDAY, DECEMBER 20, 1973

4 3 -9 77 0 - 75 - 9
126

PROPOSED RULES 34975

submitted to the appropriate Special 

Agent In Charge (See ! 12.11(b) of this 

sub chapt er). Each such application must 

contain the general lnlormatlon and 

certification required by ! 12.12(a) of 

this subchapter plus the following ad ­

ditio nal Inform ation:

(1) Common and scientific names of 

the species, number, age. a nd sex (if applicable) of the wildlife to be covered by 

the permit;

(2) The country of origin, name and 

address of the seller or consignor, number and weight (If availab le), and description of the wildlife:

(3) A full sta tem ent of Justification 

for the permit. Including details of the 

project or other plans for utilization of 

the wildlife in relation to zoological, educational. medical, or scientific purposes, 

as appropriate, and plan ned disposition 

of the wildlife upon term ina tion of the 

project;

(4) A description and the address of 

the Institution or other facility where 

the wildlife will be used or m aintain ed to 

Include a complete description. Including 

photogra phs or diagrams, of the are a and 

facilities In which the wildlife will be 

housed;

(5) A s tatement a s to whether, at the 

time of application, the wildlife to be 

Imported or shipped is eith er still In the 

wild, bred and born In captivity, or has 

been removed from the wild. I f the wildlife Is still In the wild, or has been removed from the wild within th e 3 months 

previous to the date of a pplication a detailed statem ent of the method of capture, whe ther or not the wildlife has 

shown any signs of disease, p aras itism or 

other abnormalities, what—If any—medical tre atm en t the wildlife has received, 

the time an d conditions under which any 

qua ran tine of the wildlife was carried ou t 

and any preca utions the importer or 

shipper plans to take to insure t hat Importation or shipm ent of the wildlife will 

not resu lt in exposure to the named interests to parasites , pathogens or oth er 

pests.

(6) A brief resume of the technic al ex ­

pertise available. Including any exp erience the applicant or his personnel have 

had in transp orti ng and mai ntaining in 

captivity the species to Be Imported or 

closely related species; and

(7) A complete statem entrof the proposed method of tra nspo rta tio n of the 

wildlife. Including a description of the 

cage'or other enclosure, and the experience of the car rier in tra nsporting such 

wildlife.

<b) Additional permit conditions. In 

addition to the general conditions set 

forth In this Subchapter B, perm its to 

Import or ship injurious wildlife for zoological. educational, medical, or scientific purposes shall be subject to the following condition s:

(1) In addition to any reporting requirements set forth in the permit, a 

report of the importa tion or shipment 

made under a uthority of any such perm it 

shall be submitted in writing to the Director within 10 days following such impor tatio n or shipment.

(2) AU inju rious wildlife possessed 

under perm it and all progency thereof, 

must be confined in the approved fa ­

cilities on the premises auth orized in the 

permit.

(3) No Injurious wildlife, imported under permit, or a ny eggs or progeny t hereof. may be sold, donated, trad ed, loaned, 

or t ransfer red to any o the r person unless 

such person has writte n authorization 

from the Director a utho rizing him to acquire and possess such wUdllfe or th e eggs 

or progeny thereof.

(4) Permittees must notify the Director by letter within 10 days following the 

death and by telephone or telegraph 

within 24 hours following the escape of 

any wildlife or the ir progeny possessed 

under the autho rity of a perm it, unless 

specifically exempted from eith er re ­

quirement by special term s of his permit.

(c) Issuance criteria. The Director 

shall consider the following cri teria In 

determining whether to lsaue a permit 

to import or ship Injurious wildlife for 

zoological, educational, medical, or scientific purposes:

(1) The degree of th re at of inju ry to 

hum an beings, to the inte rests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United 

States presented by such importatio n or 

shipment;

(2) Whethe r the purpose for which 

the permit is being sought is of sufficient 

merit to Justify the degree of th reat of 

inju ry presented by such importatio n or 

shipm ent:

(3) Whether the wildlife to be imported or shipped will be used for zoological, educational, medical, or scientific purposes;

(4) Whethe r the facilities for holding 

the wildlife in captivity are designed and 

constructed of mat eria l adeq uate to p revent esc ape:

(5) Whether the app licant by reason 

of his knowledge, experience, and facilities reasonably can be expected to provide adequate protectio n for such public 

interests and is aware of the dang ers to 

the public Interest posed by such wildlife : and

(6) If such wildlife is to be for zoological or aquarium exhibition purposes, 

whether such exhibition or display will 

be open to the public d uring regu lar a ppropriate hours.

(d) Tenure ol permits. The tenure of 

permits to import or ship inju rious wildlife shall be desig nated on the face of 

the permit.

Subpart D—Additional Restrictions and 

Exemptions

§ 16.31 Importation of live or dead fish

of the fam ily Salmonidae.

(a) General restriction. Except as

otherwise provided in this section, no 

person shall Import any live or dead fish 

or eggs of salmonids of the fish family 

Salmonidae unless such Im portations are 

by direct shipment, accom panie d by a 

certification that the imp orta tion is free 

of the protozoan Myxosoma cerebralis, 

the causative agent of so-called "wh irling disease," and the virus causing viral

hemorrhagic septicemia or "Egtved disease.” The certification shall be signed 

by a designated official acceptable to the 

Secretary of the Interior as being qualified in fish pathology.

(b) Certificate. The certificate re ­

quired by paragr aph (a) of this section 

shall consist of a sta tem ent in the English language, printed or typewritten, 

sta tin g th at this shipmen t of fish or eggs 

is free from these two diseases by the 

methods outlined in Pish Disease Leaflet 9. and will contain (1) the date and 

port of export in the country of origin 

and the anti cipa ted United States date 

of arrival and port of e ntry. (Il) surface 

or air carrier and flight number, or vessel nam e or number, (ill) bill of lading 

num ber or airway bill number, and (iv) 

the h and written signature, in Ink. of the 

authorized certifying officer, and may be 

substantially in the following form :

k

I , --------------------------------------- approved by

the Secretary of the U 8. Dep artment of the

Inte rior , o n --------------------- , as a certifyin g

(Date)

official fo r ------------------, as required by Title

(Country)

80. CFR 16 31(a ), do hereby cer tify , using

th e methodology described In Pish Disease

Leaflet (FDL-B, July IBM), th at th is shipment of ....................................... of dead or Ufa

(Weight In p oun ds)

fish or flsh egg s to be shipped u n d er_______

------------------------------------------- Is free of the

(Bill of lading num ber, or

airway bill number)

protoeoan Myxosoma cerebralis. the causa ­

tive age nt of so-called "whirling disease."

and the virus cau sin g viral hemorrhagic septicem ia or "Egtved disease."

Th e shi pm ent Is scheduled to depart

------------------------ ------------o n ____________ via

(City and Country) (D at e)

----------------------------------------with anticipate d

(Name of carrier)

arrival at the port o f ___________ U S A , on

(City)

(Da te)

(Signa ture In Ink of certify ing officer)

(Date)

(c) Processed or prepared items. Nothing in this section shall res tric t the importation of salmonids of the flsh family 

Salmonidae when such fish or eggs have 

been processed by canning, pickling, 

smoking, or otherwise prepared In a 

man ner whereby all .spores of the pro ­

tozoan Mvxosoma cerebralis, the cau sative age nt of so-called "whirlin g disease," and the virus causing viral 

hemorrhagic septicema or so-called 

"Egtved disease,” have been killed.

(d) Oceanic fishermen. Nothing' in 

this section shall res tric t the importation of salmonids of t he fish family Salmonidae when such flsh or eggs were 

take n on t he high seas and Imported directly into the United States without 

being landed or transh ipped to or 

throug h any oth er country.

(e) Wild caught fish from Canada and

Mexico Nothing in this section shall restr ict the importa tion of Salmonids of 

the flsh family Salmonidae when such 

fish or eggs were caught in the wild in 

Canadian or Mexican waters and lm6

FEDEIAl IEOISTEI, VOl. I I , NO. 244— THUISOAT, OECEMSEI 10, 1* 71

1*
127

34978

ported directly int o the United States 

without being tra nship ped to or through 

any othe r coun try

§ 16.32 Impo rta tio n Lr Federal agenries.

Nothing In this pa rt shall res trict the

Imp orta tion and tra nspo rta tio n, without

PROP OS ED RULES

a perm it, ot any live wildlife by Federal 

agencies solely for their own use.

§ 16.33 Hnitlacinc birds.

Nothing in this par t shall res trict the 

Imp ortation an d tra nspo rta tio n, without 

a perm it, of birds of the family Psittacidae ’parrots, macaws, cockatoos, pa rakeets. lories, lovebirds, etc .), the Impo rtation of which Is governed by U.8. Pu blic Hea lth Service regulations under 42 

CFR Pa rts 71 and 72 an d U.8 De partmen t of Agriculture regulati ons under 

9 CFR Pa rt 82.

|F R DOC.73-26BM F iled 1 2 -1 0-7 3;8 :4 5 am ]

*

»

FEDERAl REGISTER, VOL. JR, NO. 244— THURSDAY, DECEMBER 20, 1B7J

4
128

QUESTION NO . 4

DEPARTMENT OF THE IN TERIO R

DRAFT

ENVIRONMENTAL STATEMENT

DES 7 4 - 6 4

P r o p o s e d

IMPORTATION REG ULA TIONS 

IN JU RIO US W IL DLI FE

P r e p a r e d b y

DEPARTMENT OF THE IN TERIO R 

BUREAU OF SPOR T F IS H E R IE S AND W IL DLI FE
129

TABLE OF CONTENTS

I . D e sc rip ti o n of th e P r o p o s a l ...............................................................................1

Bac kg ro un d.......................................................................................................................3

I I . D e sc rip ti o n of th e Envir onm en t..........................................................................5

I I I . E nvironm en ta l Im pa ct of Pr opose d A ction ............................................... 34

IV . M it ig a ti n g M ea su res In clu d ed in Pro po se d A cti on ............................ 17

V. Adv erse E ffe c ts Which Ca nnot Be Av oid ed Sh ou ld th e P ro p o sal

Be Im pl em en te d....................................................................................................19

VI.The R e la ti o n sh ip Between L oca l S h o rt -t erm Us es of M an 's 

En viro nm en t and th e M ai nte nan ce and En han cem ent of 

Lon g- term P r o d u c tiv ity .................................................................... 20

V II. Any I r r e v e r s ib le and I r r e t r i e v a b l e Com mitm ents of

R e s o u r c e s .............................................................................................................21

V III. A lte rn a ti v e s to th e Pro po se d A cti on ........................................................ 23

IX . C o n su lt a ti o n and C o o rd in ati o n w it h O th ers ......................................... 25

Rec en t P u b li c a ti o n s and R ep o rt s of th e Burea u of S port

F is h e r ie s and W il d lif e R e la ti n g to Im po rted W il d lif e . . . . 27

-

c
SUMMARY

(XX) Draft ( ) Final Env ironmental Statement

Depa rtme nt of the Interior, Bureau of Sport Fisheries and Wildlife

1. Type of acti on : (XX) Admi nistrative ( ) Legi slative

2. Brief descrip tion of ac ti on : Esta blis hes lists of wi ldlife species 

that po se a l ow risk of injury to hum an beings, the interests of 

agriculture, horticul ture , forestry, or to wil dli fe or the wildli fe 

resources of the U nit ed States, and deems all other species injurious 

to these interests. Injur ious species may be imported only by permit.

3. Summary of envi ronm ental impact and adverse e nvironm enta l ef fects:

The a ction is designed to prevent a de trimental impact on the 

environ ment by greatly reducing the possibility of the e stab lishment 

of ex otic specie s of wil dli fe in the Un ite d States. The majo r adverse 

impact wil l be economi c a nd wi ll be suffere d by those who import and 

trade in ex otic wildlife , and who wil l not be eligibl e for p ermits for 

scientific, educational, medical or zool ogic al purposes.

4. Alte rnatives co nsidered: A continuum r angin g from a complete ban 

on all importati ons of w ild life for any purpose, to no change from 

present regulations.

5. Comments have b een re quested from the following:

Department of Ag ricultu re 

Forest Service 

Soil Co nservation Servic e 

Ani mal and P lant H ealt h Ins pection Service

Department of Commer ce

Nat ion al Oceanic and Atmo spheric Administration

Department of the Interior 

Bureau of La nd Management 

Bureau of Outd oor Rec reation 

Nat ion al Par k Service

Env ironmental Pr otection A gency

Depa rtme nt of Health, Edu cat ion and Welfar e 

Public He alt h Service

Departm ent of State

Nation al Science Foundatio n

6. DATE STATE MENT F ORWARDED TO COUNCI L OF ENVI RONMENTAL QU ALITY AND 

NOTI CE OF AVAILABILITY TO THE PUBLIC SENT TO FEDERAL REGISTER.
131

I . DESCRIPTION OF THE PROPOSAL

In g e n e ra l, S ecti o n 42 , T itle 18 , U nit ed S ta te s Code (L ac ey Act ) 

a u th o riz e s th e S e c re ta ry of th e I n t e r i o r to d e sig n a te by r e g u la ti o n 

th ose w il d mammals, b ir d s , f i s h , m o ll u sk s, c ru s ta c e a n s , am phib ia ns, 

and r e p t i l e s , or th e o ffs p rin g o r eg gs of any of th e fo re g o in g (h e re in ­

a f te r " w ild lif e " ) , which a re in ju r io u s to human b e in g s, to th e i n te r e s t s 

of a g r ic u ltu r e , h o r tic u ltu r e , f o r e s tr y , w i l d li f e , or to th e w ild lif e 

* re so u rc e s of th e U nit ed S ta te s ( h e re in a f te r " th e named i n t e r e s t s " ) .

S u b je ct to c e r ta in s ta tu to r y e x c e p ti o n s, su ch p ro sc rib e d w ild lif e may

not be im po rted in to th e U nit ed S ta te s , exce pt as p e rm it te d by th e S e c re ta ry

fo r z o o lo g ic a l, e d u c a ti o n a l, m ed ic al, or s c i e n t i f i c pu rp o se s.

A sy stem to p ro v id e s c ru tin y and c o n tr o l over th e im p o rta ti o n of 

w ild lif e s u f f i c ie n t to p re v en t in ju ry to th e named i n te r e s t s i s pro pose d 

(Appendix 2 ). In g e n e ra l, th e pro po se d a c ti o n in clu d e s a d e te rm in a ti o n 

th a t a l l liv e w ild lif e i s or would be in ju r io u s to one or more of th e 

named i n te r e s t s a t some tim e or p la c e when im port ed in to th e U nit ed S ta te s . 

The p ro p o sa l would p ro h ib it th e im p o rta ti o n of su ch liv e w ild lif e exce pt 

as p e rm it te d by th e S e c reta ry fo r s c i e n t i f i c , e d u c a ti o n a l; z o o lo g ic a l, or 

m ed ic al p u rp o se s. However, th e p ro p o sa l a ls o re co g n iz e s th a t th e r i s k of 

in ju ry to th e named i n te r e s t s po se d by some sp e c ie s of w ild lif e i s s u f f i ­

c ie n tly s l i g h t as to j u s t i f y a d e te rm in a ti o n th a t im p o rt a ti o n th e re o f ca n 

re aso n ab ly be all ow ed.

The p ro p o sa l would th e re fo re e s ta b lis h a l i s t of w ild lif e whi ch th e 

S e c reta ry has det erm in ed po se l i t t l e r i s k of in ju ry to th e named i n t e r e s t s . 

A ll w ild lif e n o t d e sig n ate d as "low r is k " would be id e n tif ie d as in ju r io u s 

by e x clu sio n fro m th a t l i s t , and could be im ported only a f te r r e c e ip t of 

a perm it whi ch may be is su e d only fo r s c i e n t i f i c , m ed ic al, z o o lo g ic a l, or 

e d u c a ti o n a l p u rp o ses, and only when th e S e c re ta ry fin d s th e re has be en a 

pro per show ing of r e s p o n s ib ility and co n ti n u ed p ro te c ti o n of th e named 

i n te r e s t s .

Pr ob lems r e la tin g to p o te n tia lly har m fu l m ar in e f is h im p o rta ti o n s a re 

s u b s ta n tia lly d if f e r e n t in c h a ra c te r fro m th o se re g ard in g fre sh w a te r f is h e s . 

In th e l a t t e r c a s e , th e pri m ar y c o n sid e ra ti o n was p o ss ib le harm to th e 

w ild lif e or th e w ild lif e re so u rc e s of th e U nit ed S ta te s ca use d by esc apes 

or d e li b e ra te in tr o d u c tio n s . In th e case of m ar in e f is h e s , whose t o t a l 

est im ate d num ber i s about 11 ,7 00 s p e c ie s , a c c id e n ta l or d e lib e r a te in tr o ­

d u c ti o n s r e s u ltin g in th e e sta b li sh m e n t of a sp e c ie s a re uncommon bec au se 

of th e b io lo g y of th e sp e c ie s and th e n a tu re of th e m ar in e h a b it a t. The 

physi olo gy of m ar in e f is h e s i s su ch th a t th ey ca nnot su rv iv e in fre s h 

w ate r. On th e o th e r ha nd , venomous (s tin g in g ) m ar in e form s g r e a tly o u tw number th o se o c c u rrin g in fre s h w a te r, and some of th e more p o te n tia lly

dan ger ous sp e c ie s ha ve be en and a re now r e a d ily a v a ila b le to th e home 

a q u a r is t. Im p o rt a ti o n of b itin g or a tt a c k in g m ar in e f is h e s (sh a rk s, 

m or ay s, g ia n t s e a b a s s e s ), i s li m it e d by t h e i r s iz e , and th e o c c a sio n a l

1
132

small species avai labl e to the aquari um hobbyist are not cons idered to be 

of potential dange r to humans. Since most species of m arin e fishes were 

found to be "low risk," the list of mar ine fishes identifies all species 

as "l ow risk" except those listed.

The list cont aine d in this pr opos al w oul d be subject to contin ued 

review and modifi cat ion as data are accumulate d conc erni ng the degree of 

risk posed by either liste d or unlis ted species. A system is provid ed 

whereby animals can be added to or deleted from the list after p res ent ation of satis fact ory evidenc e supporting such action. It should be 

recognized that P sittacine bir ds (parrots, para keets, etc.) are exclude d 

from this p ropo sal by the statute.

Regulations designed to provi de a syst em of control of the importation of exotic wild life (see Appendix 2 for draft of these regulations) 

will go into e ffect 30 days after their approval. These regulat ions wil l 

form Part 16 of Subc hapter B of 50 CFR.

2
133

BACKGROUND

C urr ent in fo rm a ti o n shows th a t in ju ry ca use d to th e named i n te r e s t s 

by im ported w ild lif e i s more w id esp re ad and se rio u s th an p re v io u s ly be ­

lie v e d . P re se n t e c o lo g ic a l and o th e r kn ow le dg e, in c lu d in g an aw ar en es s 

of th e la rg e and grow ing volum e of im ported liv e w i l d li f e , g iv es adeq uate 

re aso n to b e li e v e th a t th oro ugh r e g u la ti o n of su ch im p o rta ti o n s i s 

n ecessary to p r o te c t th e named i n t e r e s t s fro m a d d itio n a l in ju r y . Th ere 

a re many ex am pl es of in ju ry to th e named i n te r e s t s here and in o th e r 

c o u n tr ie s by im po rted w i l d li f e . The w al kin g c a t f is h co mpe tes fo r food 

w it h n a ti v e game f is h e s in F lo r id a , so metim es e li m in a ti n g them fro m th e 

n a tu r a l comm unity. Im po rted w il d b ir d s ha ve in tr o d u ced v i r a l New ca stle 

D is ease in to p o u lt ry flo c k s of th e U nit ed S ta te s . Wild p e ts ha ve sp re ad 

d is e a s e to humans and se rv e a s h o sts fo r p a r a s ite s . The se and many o th er 

ex am pl es a re d is c u sse d in d e t a i l in Ap pe nd ix 1. C o n tr o l and e ra d ic a tio n 

pr og ram s fo r in tr o d u ced p e s t sp e c ie s a re c o s tly , u s u a lly u n su c c e ss fu l, 

and a re c u ra tiv e r a th e r th an p re v e n ti v e in n a tu re .

In 19 68 , th e Bu reau of S p o rt F is h e rie s and W il d li fe be gan p u b li sh in g 

in fo rm a ti o n on th e num ber and k in d s of l iv e anim als im port ed in to th e 

U nit ed S ta te s . The b a s is fo r th e r e p o rts i s th e Bu reau Form 3- 177, 

"D e c la ra ti o n of Im po rte d W ild lif e ," th e f i l i n g of wh ich has be en re q u ir e d 

a t th e tim e of im p o rt a ti o n of liv in g anim als sin c e m id -1 96 7. The f i r s t 

f u l l c ale n d a r year fo r wh ich a r e l a t i v e l y co m pl et e s e t of form s was 

a v a ila b le was 19 68 . D e ta il ed r e p o rts on th e sp e c ie s of b ird s and mammals 

im po rted ha ve been pre pare d fo r th e y e a rs 19 68 -1 97 2. A co m p il ati o n of 

th e r e p t i l e s and am ph ib ia ns im port ed in 1970 and 1971 ha s be en p re p are d . 

Data on f i s h im po rted in th e mo nth of O cto ber , 19 71 , ha ve be en co m pil ed .

A l i s t of Burea u p u b lic a ti o n s and r e p o rts co ncern in g th e volum e of im po rt a tio n w ill be foun d a t th e end of t h i s sta te m e n t. Th ese s e r ie s of 

r e p o rts p ro v id es th e only in fo rm a ti o n a v a ila b le on th e nu mbers and k in ds 

of an im als d e cla re d fo r re c e n t im p o rt a ti o n in to th e U nit ed S ta te s . In ­

fo rm ati o n on th e volum e of im p o rta ti o n s i s sum ma riz ed in Tab le 1.

A p o ss ib ly v a li d way to ju dge th e o v e r a ll vo lume of an im al im po rta tio n s i s to lo ok a t th e num ber of d e c la r a tio n s of im p o rta ti o n s made.

The num ber e s s e n tia lly doub le d fro m 196 8 to 19 71 , fro m 10 ,5 86 to 20,4 68.

An unknown p o rti o n of t h i s in c re a s e r e f l e c t s h ig h er le v e ls of im p o rta ti o n , 

w hil e th e r e s t r e s u l ts fro m b e tt e r en fo rc em en t p r a c tic e s r e la te d to f i l i n g 

of d e c la r a tio n s .

3
TABLE 1 . WILDLIFE IMPORTATIONS INTO THE UNITED STATES 

Numbers R efe r to In d iv id u a l An im als

1968 1969 1970 1971 1972

B irds * 51 0,63 0 63 9,81 4 70 8,00 7 77 0,43 5 68 9,40 4

Mammals 12 9,52 0 12 2,99 1 93 ,6 53 89 ,8 53 11 4,46 6

R e p ti le s 1,9 50,0 91 1,3 93,9 70 2,1 09,5 71 1,4 04,2 01 2,5 04,0 93

Am phibians 17 0,62 1 33 9,48 9 57 2, 67 0 39 1,77 4 58 3,44 1

Fis h 64,2 54,1 90 73,6 94 ,9 96 83,8 67,0 29 98,9 71,5 79 11 2, 291,6 86

No. o f Forms 

"3 -1 77 " 10 ,586 13 ,154 16 ,9 73 20 ,468 18 ,875

* (e xclu des c a n a rie s)
135

I I . DESCRIPTION OF THE ENVIRONMENT

The en vi ro nm en t a ffe c te d by t h i s pro pose d a c ti o n i s th e t o t a l n a tu r a l 

(u n d is tu rb ed ) and d is tu rb e d ( a g r i c u lt u r a l, urb an) en vi ro nm en t of th e 

U nit ed S ta te s and i t s p o ssessio n s and t e r r i t o r i e s , in c lu d in g th e human 

p o p u la ti o n . Any im p o rt a ti o n of w il d li f e would ha ve a p o te n tia l e f f e c t on 

p a r t or a l l of t h is envir onm en t. S im il a rly in v o lv ed i s th e w ild lif e en ­

vi ro nm en t and th e w ild lif e c ap tu re and ex p o rt b u sin e ss of th o se o th e r 

s e c ti o n s of th e wor ld th a t serv e as th e so urc e of th e w ild lif e im ported 

in to t h is c o u n tr y . B ir d s and mammals, fo r ex am pl e, fro m a t l e a s t 63 

c o u n tr ie s on a l l c o n ti n e n ta l la nd m as se s ex cep t A n ta rc ti c a ha ve be en 

im ported in to th e U nited S ta te s , to some e x te n t d e p le ti n g an envir onm enta l 

re so u rc e of th o se c o u n tr ie s .

The U nit ed S ta te s in clu d e s w it h in i t s bo u n d ari es p o rtio n s o f se v e ra l 

eco sy st em s. The fa una and f lo r a of th e s e ec osy st em s ha ve ev olv ed to g e th e r 

th ro ugh th e g eo lo g ic ages in su ch a way th a t ea ch sp e c ie s ha s i t s own 

p e c u lia r e c o lo g ic a l n ic h e and th e sy stem i s in a dynamic b a la n ce . Much 

of th e n a tu r a l en vi ro nm en t has be en a lte r e d , e ith e r d e lib e r a te ly or 

f o r tu ito u s ly , by man and h is a c t i v i t y , b u t ev en th ou gh g re a t se gm en ts of 

h a b ita t ha ve be en m odif ie d th e e c o lo g ic a l r e la tio n s h ip s and re q u ir em en ts 

of mo st w ild lif e sp e c ie s a re l i t t l e ch an ge d.

The im port tr a d e in th e U nited S ta te s form s an im p ort ant p a r t of th e 

p re se n t envir onm en t. The b r ie f d e s c rip tio n o f t h i s tra d e th a t fo ll o w s 

i s ba se d on th e Bu reau r e p o rts and p u b lic a ti o n s l i s t e d a t th e end of t h is 

sta te m en t.

Ki nd s of An im als Im port ed. —Among im ported an im als , some su b-g ro ups 

(f a m ilie s , g en era , and sp e c ie s) make up d is p ro p o rtio n a te nu mb ers of th e 

t o t a l . In mammals, p ri m ate s acc ount f o r 80 -9 0 p e rc e n t of th e t o t a l ; 

p ri m ate s alo ng w it h la go m or ph s, c a rn iv o re s , r o d e n ts , and m ars u p ia ls 

acc ount fo r more th an 97 p e rc e n t of a l l mammals (T ab le 2 ). S q u ir re l 

monkeys and rh e su s monkey s a re th e sp e c ie s most fre q u e n tl y im ported 

(T ab le 3 ). Most of th e se a re im ported fo r m ed ic al or s c i e n t i f i c re se a rc h 

or fo r zoos, b u t many p ri m ate s a re fo r th e p e t tr a d e . In both 1968 and 

19 69 , only 20 sp e c ie s of b ir d s made up more th an 83 p e rc e n t of a l l b ir d s 

im port ed ; 16 sp e c ie s we re among th e to p 20 ea ch y e a r. Ex ce pt t h a t th e 

dom es tic can ary has d is p la c e d o th e r sp e c ie s a s th e most pro m in en t im p o rt , 

th e f i r s t tw el ve sp e c ie s on th e l i s t s f o r th e fo u r y ears (1 96 8- 19 71 ) fo r 

wh ich d a ta a re a v a ila b le a re e s s e n t ia l ly th e same (T ab le 4 ). The same 

fiv e fa m il ie s of b ird s le ad th e l i s t fo r a l l fo u r y e a rs, and c o n tr ib u te 

about 93 p e rc e n t of a l l th e b ir d s im ported (T ab le 5 ). The m a jo rit y of 

b ir d s i s fo r th e p e t tra d e .

5
T ab le 2 .—F a m il ie s o f mammals ma kin g p r in c ip a l c o n tr ib u tio n s to im p o rta ti o n t o t a l s , 1968 -197 2

P e rc en t P e rc en t

O rd in al Rank in 

1968,1 969,1 970,1971 and 1972 Fa m ily

Number

R ep orted

1972

o f T o ta l R ep orted 

1972

Num er ic al

Change

sin c e 1971

Number

R ep or te d19 68 -197 2

o f T o ta l 

R ep orted 

1968 -197 2

1 1 1 1 1 Ceb idae 39 ,2 34 43 .3 7 4,4 41 25 3, 37 1 48.1 3

2 2 2 2 2 C e rc o p it h ec id a e 31 ,9 59 35.3 3 + 2, 14 9 17 1, 16 4 32 .5 13 3 4 3 3 C a llith r ic id a e 5, 74 6 6.3 5 + 194 30 ,405 5.7 8

13 14 10 13 4 M ur idae 2, 82 7 3.1 3 + 2, 53 7 4,2 73 .8 1

5 4 5 4 5 Pro cyonid ae 2, 77 6 3. 07 + 73 13 ,3 75 2.5 4

7 7 7 5 6 D id elp h id ae 1, 26 9 1.4 0 - 177 5,7 09 1.0 8

6 6 6 6 7 F e li d a e 852 .94 - 103 5, 40 4 1.0 39 13 12 7 8 S c iu rid a e 801 .89 + 55 2, 92 8 .57

12 10 9 9 9 Myrme cophagida e 607 .67 + 118 2, 47 2 .4710 12 8 8 10 T upaii dae 530 .64 - 128 2,6 99 .51

27 28 21 17 11 M ac ro po di da e 317 .35 + 150 726 .1418 18 23 19 12 E rin a ce id ae 271 .3 0 + 116 976 .19

20 21 18 16 13 H ydro ch oer id ae 270 .3 0 + 98 920 .1711 11 14 14 14 M u ste li d ae 247 .27 + 25 1,6 22 .31

14 17 17 10 15 L o ris id a e 246 .27 - 192 1, 48 8 .2816 16 15 15 16 Pon gi da e 236 .26 + 25 1,2 01 .23

15 19 11 11 17 D asy pro cti dae 227 .25 - 100 1, 44 9 .2 8

21 24 20 20 18 H ylo b ati d ae 214 .24 + 75 753 .14

17 15 13 12 19 P h y ll o sto m a ti d a e 199 .22 - 113 1, 48 9 .2 8

28 33 35 22 20 Das yp od id ae 134 .15 + 49 322 .06

41 33 39 18 21 V iv e rri d a e 132 .15 - 27 356 .07

22 20 22 28 22 Bra dy po di da e 128 .1 4 + 68 612 .12

19 22 25 25 23 C ric e tid a e 105 .12 + 34 595 .11

4 5 3 28 24 L ep ori dae 102 .1 1 + 42 14 ,1 10 2.6 8

39 41 41 33 25 P ro c a y ii d ae 101 .1 1 + 68 179 .0 3

89 ,5 80 99 .0 3 51 8, 59 8 98 .5 2
T ab le 3. S p ecie s o f mammals most f re q u e n tly im p o rt ed , 19 68 -197 2

O rd in al Rank in

19 68 , 19 69 , 1970

1971 and 1972 S pecie s

Number and 

(p e rc e n ta g e) of 

T o ta l Im po rted

1972

Number and 

(p e rc e n ta g e) o f 

T o ta l Im po rted 

1968 -197 2

1 1 1 1 1 S q u ir r e l Monkey, S a im ip i so iu p eu s 25 ,2 93 (2 7.9 6) 17 3, 04 9 (3 2.8 7)

2 2 2 2 2 Rh es us Macaque, Maoaca muZ at ta 23,2 10 (2 5.6 7) 12 7,00 4 (2 4.1 2)6 3 4 3 3 D o u ro ucouli , A otu s tp iv ip g a tu s 3, 53 3 ( 3.9 1) 20 ,8 69 ( 3.9 6)

4 4 i / 5 I / * 4 W h it e -f ro n te d C ap uc hi n, Cebus aZ b if p o n s 2, 776 ( 3.0 7) 17 ,8 23 ( 3.3 9)

36 30“ — 5 House Mo use , Mus mu scuZ us 2, 51 2 ( 2.7 8) 2, 93 7 ( .5 6)

8 5 7 4 6 C o tt o n -t o p Marmoset, Saguin us oedip us 2,4 19 ( 2.6 7) 13 ,7 11 ( 2.6 0)

9 6 6 5 7 Woo lly Monkey, L agoth pix Zago th pi ch a 2, 12 5 ( 2.3 5) 12 ,8 08 ( 2.4 3)

5 7 8 7 8 G ri v e t Monkey, C epoopithecu s a e th io p s 2,0 92 ( 2.3 1) 1 2 ,7 2 ll( 2.4 2)

16 15 17 8 9 B la ck-c apped C ap uch in , Cebus ape ZZa 1,9 75 ( 2.1 8) 6,6 66 ( 1.2 7)

7 10 25 9 10 W h it e -l ip p ed Tam ar in , Saguin us n ig p ia o Z Z is 1,9 33 ( 2.1 4) 9, 13 5 ( 1.7 4)

14 11 9 11 11 B la ck -h an ded S p id er Monkey, A te Z es g e o ff p o y i 1,8 41 ( 2.0 4) 7, 98 1 ( 1.5 2)

15 8 16 12 12 S tu m p -t a il e d Ma caque, Maoaoa a p o to id e s 1,6 76 ( 1.8 5) 6, 71 7 ( 1.2 8)

11 12 12 10 13 C ra b -e a ti n g Macaque, Maoaoa fa so ic u Z a p is 1, 39 7 ( 1.5 4) 8,0 58 ( 1.5 3)

I / " 17 ” 37 15 14 C ra b -e a ti n g Rac co on , Pp ocyo n oancp iv opus 1,3 95 ( 1.5 4) 2,5 05 ( .4 8)

“ 12 ~9 9 11 13 15 W h it e -t h ro a te d C ap uc hi n, Cebus aapuei nus 1,2 09 ( 1.3 4) 7,4 48 ( 1.4 1)

10 17 15 19 16 V er vet Monkey, C ep oopithecu s pygep yth pus 1,1 80 ( 1 .3 0) 5 ,7 9 2 l( 1.1 0)

I / " ] - 23" / — 10 16 17 M ou stac he d Tam ar in , Sagiu nus m yst ax 1,0 64 ( 1.1 8) 3,7 06 ( .7 0) - 3 4 20 17 18 O li v e Ba bo on , Pap io an u b is 1,0 63 ( 1 .1 8) 3,0 39 ( .5 8)

13 18 12 14 19 C o a ti , Nasua na su a 878 ( .9 7) 5,2 85 ( 1.0 0)20 27 18 21 20 P ig - ta ile d Ma caque, Maoaoa nem es tp in a 581 ( .6 4) 2,7 30 ( .5 2)22 26 23 18 21 Common T re e Sh rew, Tupa ia g Z is 550 ( .6 1) 2,5 86 ( .4 9)28 28 24 22 22 Tamandu a, Tamandua te tp a d a o ty Z a 547 ( .6 0) 2, 02 7 ( .3 9)

26 32 28 28 23 T ro p ic a l Red S q u ir r e l, S o iu pus g p a n a te n sis 484 ( .5 4) 1, 58 3 ( .3 0)

21 23 21 20 24 K in kajo u, P oto s fZ a vu s 473 ( .5 2) 2,6 08 ( .5 0)

48 29 26 30 25 Leo pa rd C a t, F eZ is bengaZensi s 370 ( .4 1)

82 ,5 75 (9 1.3 0)

1,3 22 ( .2 5)

46 0,1 10 (8 7.4 1)

1 / Not l i s t e d in r e p o rt o r o rd in a l ra n k in g lo w er th an 40 .2 / F iv e -y e a r t o t a l s fo r C eP ao pi th ea us a e th io p s and C. pygepyth pus a re n o t h ig h ly a c c u ra te sin c e i t see ms lik e l y 

th a t a s u b s ta n tia l num ber of pygepyth pus wer e in clu d e d w it h a e th io p s in th e 19 68 , 19 69 , and 197 0 r e p o r ts . 

T o ta ls f o r e a r l i e r y e a rs use d h ere a re bas ed on th e p ro p o rti o n s o f th e two sp e c ie s im port ed in 1971 and 19 72 .
T ab le 4. F a m il ie s o f b ird s makin g p r in c ip a l c o n tr ib u tio n to im p o rta ti o n t o t a l s , 1968 -197 1

O rd in al

Rank in P erc en t P erc en t

19 68 , 1969 , Number o f T o ta l N um er ic al Number o f T o ta l 1970 and R ep orted R ep orted Change R ep or te d R ep orted 1 9 / 1 Fa m ily 1971 1971 sin c e 1970 19 68 -197 1 1968 -197 1

1 1 1 1 E s tr ild id a e 41 5, 48 1 42.9 8 35 ,1 54 1,6 06,4 78 52.4 0

2 2 3 2 P s itta c id a e 23 5,93 5 24 .4 1 + 10 9, 12 1 53 2, 99 4 17 .3 93 3 2 3 F r in g illid a e 23 3,26 7 24.1 3 - 39 ,537 59 4,73 1 19.4 0

5 5 5 4 S tu rn id ae 28 ,8 85 2.9 9 + 24 10 2,51 3 3. 34

4 4 4 5 P lo ceid ae 24,8 61 2.5 7 - 9,70 2 13 0,93 6 4.2 7 11 11 6 6 T im ali id ae 6, 64 2 .69 + 2, 67 6 13 ,452 .44

7 6 7 7 T hra upid ae 3, 58 9 .37 + 358 14 ,7 80 .48

8 7 8 8 Ram ph as tid ae 3, 39 1 .35 + 634 11 ,021 .36

9 10 10 9 T ro c h il id a e 2,0 20 .21 + 791 6, 44 9 .21 14 9 9 10 F alc o n id ae 1,5 60 .16 - 89 5, 50 4 .18

6 8 22 11 P h asia n id ae 979 .1 0 + 718 7, 25 7 .24 13 13 14 12 C oer eb id ae 938 .09 + 324 2, 93 4 .1 0 20 12 11 13 A c c ip itrid a e 620 .06 - 66 2, 34 5 .08 27 21 21 14 C hlo ro pse id ae 599 .06 + 189 1, 47 1 .05 17 14 18 15 S trig id a e 596 .06 + 138 1, 96 6 .06 15 20 17 16 P h o en ic o p te ri d ae 525 .05 + 54 1,6 93 .06 16 15 12 17 C or vi da e 469 .05 - 194 2,0 43 .07 12 19 19 18 I c te r id a e 440 .05 - 6 2, 25 6 .07 18 26 23 19 S p h en is cid ae 402 .04 + 142 1,1 33 .04 21 27 24 20 Z o ste ro p id ae 397 .04 + 174 1, 06 7 .0 3

96 1,59 6 99 .4 9 3,0 43,0 25 99 .2 6
*

S p ecie s of b ird s mos t fre q u e n tly Im po rted In 1971

1

<o

T ab le 5.

O rd in al

Rank in

19 68 , 19 69 ,

197 0 and 1971

23 13 1 1

5 6 5 2

1 1 3 3

8 4 8 4

4 2 2 5

7 5 6 6

3 7 4 7

2 3 7 8

10 9 10 9

12 14 16 10

6 10 9 11

9 8 12 12

29 19 15 13

14 14 20 14

11 11 11 15

26 27 18 16

24 12 18 17

22 15 16 18

28 25 27 19

30 26 21 20

16 13 17 21

39 39 28 22

58 32 23 23

22 25 19 24

42 28 34 25

4 104 47 26

88 45 35 27

13 21 26 28

18 24 22 29

20 20 20 30

S p ecie s

Dom es tic C an ar y, S e rin u s oanari a

Can ar y- win ge d Bee Bee , B ro to g e ris v e r sio o lu r u s

R ed -e are d W ax b il l, E s tr ild a tr o g lo d y te s

B la ck-h ea ded Nun, Lo no hu ra ma lao oa

S tr aw b err y F in ch , Amandava amandava

S pic e B ir d , Lo no hu ra p u n o tu la ta

Red -c he ek ed Cordo n B lu e, U ra eg in th us bengalu s

O ra nge- ch ee ked W ax b il l, E s tr ild a me lpod a

H ill Mynah, Gr aa ula r e lig io s a

Qu aker Con ur e, M y io p s it ta monachus

Gr een Sin gin g F in ch . S e rin u s mo zamb iou s

S i l v e r h i l l , Lonafo 'a m ala bari oa

P in - ta ile d N o n p a re il , E ry th ru ra p ra sin a

O ra nge- ch in ned P a ra k e e t, B ro to g e ris ju g u la r is

Ha lfm oon Con ur e, A ra ti n g a o a n io u la r is

G o ld en -b re ast ed W ax b il l, Amandava su b fl a v a

S o c ie ty F in ch , Lono hu ra s t r i a t a

Zeb ra F in ch , P oephil a g u tta ta

R e d -b il le d F ire F in ch , L a g o n o sti o ta se negala

C u t- th ro a t F in ch , Am adina fa s o ia ta

Or ange B is hop, E u p le o te s o r ix

Pekin R obi n, L e io th r ix lu te a

Nan day C on ur e, Na ndayus ne nd ay

W hite- hea ded Nun, Lo no hu ra ma ja

Y el lo w -h ea ded Amazon, Amazona ooh ro oe ph al a

Blo ss om -h ea de d P a ra k e e t, P s itt a o u la oy an oo ep ha la

Rin gn ec k P a ra k e e t, P s itt a o u la kra m er i

P i n t a i l Whydah, Vi du a ma oroura

Nap oleo n W eaver, E u p le o te s a fe r

B ro a d -ta il e d P a ra d is e Whydah, Vidu a o r i e n ta l i s

Number (and 

p e rc e n ta g e ) of 

T o ta l Im po rted 

1971

Number (an d 

p e rc e n ta g e ) of 

T o ta l Im po rted 

19 68 -197 1

19 6, 12 6 (2:o .2 9)

11 7, 15 8 (1.2 .1 1)

58 ,1 19 ( 6.1 2)

52 ,1 95 ( 5.4 0)

48 ,0 28 ( 4.9 7)

46 ,5 67 ( 4.8 2)

43 ,8 83 ( 4 .5 4)

43 ,2 76 ( 4 .4 8)

28 ,5 71 ( 2.9 6)

27 ,0 38 ( 2.8 0)

24 ,4 69 ( 2.5 3)

19 ,2 10 ( 1.9 9)

18 ,5 86 ( 1.9 2)

17 ,8 12 ( 1 .8 4)

15 ,7 42 ( 1.6 3)

14 ,1 05 ( 1.4 6)

13 ,5 11 ( 1.4 0)

12 ,9 14 ( 1.3 4)

9,4 49 ( .9 8)

9, 10 4 ( .9 4)

6, 36 3 ( .6 6)

6, 03 8 ( .6 2)

5,7 75 ( .6 0)

5,7 35 ( .5 9)

5,5 15 ( .5 7)

5, 51 2 ( .5 7)

5,2 83 ( .5 5)

5,1 20 ( .5 3)

4,3 81 ( .4 5)

4,0 17 ( .4 2)

43 7, 78 6 (1 4.2 8)

24 0, 87 9 ( 7.8 6)

28 0, 50 9 ( 9.1 5)

16 5, 95 0 ( 5.3 8)

23 1, 55 2 ( 7.5 5)

16 3, 87 4 ( 5.3 5)

17 4,40 7 ( 5.6 9)

18 9, 01 6 ( 6.1 7) 

10 1, 34 7 ( 3.3 1) 

61,9 80

2 ( 2.0 2)

11 1,13 8 ( 3.6 3)

93 ,8 96 ( 3.0 6)

42 ,3 35 ( 1.3 8)

39 ,698 ( 1.2 9)

68 ,7 66 ( 2.2 4)

27 ,6 22 ( .9 0)

46 ,9 17 ( 1.5 3)

37 ,8 52 ( 1 .2 3)

20 ,5 76 ( .6 7)

21 ,8 48 ( .7 1)

35 ,4 45 ( 1.1 6)

11 ,2 25 ( .3 7)

13.3 40

2

( .4 4)

20 ,4 63 ( .6 7) 10,2 03

J

( .3 3)

6, 33 2 ( .2 1)

7, 84 2 ( .2 6)

26 ,4 94 ( .8 6)

20 ,6 98 .( .6 8)

21 ,4 86 -’( .7 0)

00

CO
T ab le 5. (c o n t' d )

O rd in al Number (an d Number (an d Rank in p e rc e n ta g e ) of p erc en ta g e) of 1968 , 1969 T o ta l Im po rted T o ta l Im po rted

1970 and 1971 S p ecie s 1971 19 68 - 1971

6 29 30 31 B lu e -fro n te d Amazon, Amazona a e s tiv a 3, 94 5 ( .4 1) 8,2 55 3 ( .2 7) 34 32 42 32 S a ff ro n F in ch , S i c a l i s fla v e o la 3, 61 5 ( .3 7) 7, 22 3 ( .2 4) 6 37 31 33 G re en -c hee ked Amazon, Amazona v ir id ig e n a lis 3, 58 5 ( .3 7) 6, 65 3 3 ( .2 2) 17 23 24 34 Comb ass ou, Vi du a ch a ly b ea ta 3, 57 8 ( .3 7) 20 ,9 44 ( .6 8) 106 55 32 35 A fr ic a n Gray P a r r o t, P s itt a c u s e r it h a c u s 3,4 44 ( • 37) 5, 96 8 ( .1 9) 4 48 39 36 Golde n- crow ne d Con ur e, A ra ti n g a aur ea 2, 88 7 ( .3 0) 4,7 42 ( .1 5) 19 17 25 37 Lav en de r F in ch , E s tr ild a c a eru le sc en s 2 451 ( .2 5) 20 ,6 22 ( .6 7) 31 31 65 38 Br on ze M an ni ki n, Lo nc hu ra c u o u ll a ta 2,4 19 ( .2 5) 5,5 36 ( .1 8) 41 63 83 39 Ora ng e-winge d Amazon, Amazona am az on ica 1, 81 8 ( .1 9) 3,0 75 ( .1 0) 21 35 38 40 G ou ld ia n F in ch , P oephil a g o u ld ia e 1, 65 8 ( .1 7) 8, 165 ( ■.27) 80 104 41 Blu e and Gold Macaw, Ar a arc ra una 1, 509 ( •.1 6) 1, 92 6 ( ..06) 35 51 40 42 Eur op ea n G o ld fi n ch , C a rd u eli s c a rd u e li s 1, 27 8 ( •.13) 3, 88 4 ( ■13)

64 4 42 93 43 Grey Sin gin g F in ch , S e rin u s le ucopygia 1, 24 3 ( •.13) 2, 96 7 ( ■.10) 86 48 43 C h a n n e l- b il le d Tou ca n, Rcorrphastos v i t e l l i n u s 1,2 43 ( •.13) 2, 17 7 ( ..07 ) 52 56 43 45 Gr een A vad av at , E s tr ild a fo rm os a 1,2 30 ( . . . 13) 3, 29 8 (. ■11) 4 f> 100 46 Mou sta ch e P a ra k e e t, P s itta c u la a le x a n d ri 1, 21 3 ( ..13 ) 1, 38 6 ( .,05 ) 4 43 41 47 M a x im il ia n 's P a r r o t, P io nus m a x im il ia n i 1,1 96 ( • 12) 3, 20 3 ( .,10 ) 6 57 130 48 R ed -c re ste d F in ch , Cor yp ho sp hi ng us c u c u ll a tu s 1,0 79 ( ..11 ) 1, 69 4 ( •06) ; i i 2 51 49 Gr een Con ur e, A ra ti n g a le uco phth alm us 1, 07 3 ( •.11) 1,7 71 ( ..06 ) 94 52 50 Aza ra Con ur e, P yr rh ura f r o n t a l i s 1, 01 1 ( •.10) 1,7 19 ( •,06 )

91 1,07 7 (9 4..28 ) 2,8 46,6 84 (92.,85 )

4^

©

1-Table in c lu d e s a l l sp e c ie s of which over 1,0 00 in d iv id u a ls were im port ed in 19 71 . Some o rd in a l ra n k in g s may 

v ary s l i g h t l y from th o se fo un d in p reced in g im port l i s t i n g s du e to r e -e v a lu a tio n of p re v io u s d a ta . 3 T o ta l i s in e x a c t but i s p ro b ab ly re aso n a b ly a c c u ra te .

3 T o ta l i s p ro b ab ly somewhat low du e to m is in te r p r e ta tio n o f names in 1968 im port l i s t i n g .

4 Not l i s t e d .

^Numbers o f t h is sp e c ie s im port ed in 1968 and 1969 a re e sti m a te d fro m p ro p o rti o n s of t h i s sp e c ie s and 

V. pa ra d is a ea foun d on 197 0 and 1971 im port fo rm s.

^ T o ta ls we re le s s th an 70 b ir d s .

* *
141

One sp e c ie s o f t u r t l e , th e re d -e a re d s l i d e r ( Chrysemys s c r i p t s ) and 

one sp e c ie s of l iz a r d , th e common ig uan a (Ig uan a ig uana) acc ount fo r 

appro xim ate ly 75 p e rce n t of a l l r e p t i l e s im port ed. More th an 50 p e rce n t 

of a l l am ph ib ia ns a re one s p e c ie s , th e g ra ss or le o p ard fr o g (Rana p ip ie n s ) . 

Many of th e d e c la ra tio n form s l i s t th e se fro g s n o t by num ber o f in d iv id u a ls , 

but by po un ds . In 19 70 , ov er 20 ,0 00 po un ds of Rana p ip ie n s were tr u ck ed 

a c ro ss th e b o rd er fro m M ex ico, al ong w it h 55 ,0 00 re p o rt e d as in d iv id u a ls . 

E st im ati n g 6.2 to a po un d, t h is am ounts to over 17 9, 00 0 fro g s. In 19 71 , 

73 ,8 20 pounds of t h is fro g we re im port ed, o r appro xim ate ly 45 8, 00 0 fro g s.

Be cause of th e g re a t number of in d iv id u a ls im ported and th e d iv e r s ity 

of s p e c ie s , co m pa ra bl e in fo rm ati o n on f is h i s n o t a v a ila b le except fo r 

O cto ber , 19 71 . Dat a fo r th a t mon th were co m pi le d to serv e as a sample 

fo r t h is gro up. In th a t month 15 sp e c ie s o f fre sh w a te r f is h made up 61 

p e rc e n t of a l l f is h im ported (T ab le 6 ). Th ere wer e more th an 1,0 00,0 00 

in d iv id u a ls of a s in g le s p e c ie s.

Number of S p e c ie s. —A n aly si s of th e r e p t i l e and am ph ib ian im port form s 

fo r 1970 in d ic a te s th a t ab out 150 sp e c ie s of r e p t i l e s and 30 sp e c ie s of 

am ph ib ians came in , fro m ab out 30 c o u n tr ie s . In clu d ed we re some 500 in d iv id u a ls of about 25 venomous r e p t i l e s — c o b ra s, v ip e r s , and p i t v ip e rs — 

in clu d in g some o f th e most dan ge ro us in th e w orl d.

In th e mo nth of O cto ber , 19 71 , 7,9 69,5 29 in d iv id u a l f is h of 582 

sp e c ie s in 100 fa m il ie s we re im po rted fro m 41 c o u n tr ie s . The num ber of 

sp e c ie s would c e r ta in ly in c re a se i f t h i s sa mple were exte nded to -in c lu d e 

th e f u l l y e a r.

A pp ro xi m at el y 625 sp e c ie s of b ird s we re im port ed in 19 68 , and ab out 

815 in 19 69; ab out 395 sp e c ie s we re common to b o th l i s t s , so th a t th e t o t a l 

num ber of sp e c ie s was about 1,0 45. In 1970 about 745 sp e c ie s were im port ed, 

w it h ab out 223 of th o se n o t l is te d in th e p re v io u s two y e a rs. Thus in th e 

th re e y ear p e rio d , about 1, 270 sp e c ie s o f b ird s ha ve be en bro ught in .

T his r e p re s e n ts n e a rly 15 p e rc e n t of th e sp e c ie s in th e w o rl d ’s a v if a u n a.

At l e a s t 302 sp e c ie s of mammals were im ported in 19 68 ; 338 we re 

bro ught in 19 69 , and 299 in 19 70 . We ha ve not c a lc u la te d th e t o t a l 

num ber of sp e c ie s in v o lv ed . D i f f i c u l t ie s in a c c u ra te i d e n tif ic a tio n s of 

sp e c ie s fro m th e in fo rm ati o n on th e form s p re clu d es th e p o s s ib i l it y of 

p re c is e f ig u r e s .

Worldw ide P ic tu r e . —T his le v e l o f im p o rta ti o n of w ild lif e in to th e 

U nit ed S ta te s r e p re s e n ts a sm all p ro p o rti o n o f th e wor ld wid e tr a d e in w il d 

v e r te b r a te an im als . In 19 70 , T h ail an d e x p o rt ed 25 5,88 8 b ir d s ; we im po rted 

43,8 37, ab out 16 p e rc e n t of t h e i r e x p o rt. * In 19 71 , T hai la nd ex p o rt ed 

20 4,58 1 b ir d s ; we im port ed fro m T hail and about 51,5 01, o r about 25 p e rc e n t.

*Base d on "A nim al E x p o rt a ti o n fro m T h ail an d In 1962-7 1," a re p o rt of th e 

T hai la nd N a ti o n a l W il d li fe Managem ent S e c ti o n , M in is tr y of A g ric u lt u re , 1972.

43- 977 0 - 75 - 10

11
Table 6. S c ie n ti fic names of most fr eq u en tl y im ported aqu arium fis h 

Octob er, 1971, w ith number im po rte d rounde d to ne xt low er 

hun dred thou sand .

Name Number

Carnegie Ila st ri gata 100 ,00 0

Gastepopeleaus ste m io la 100 ,00 0

Barbus tetra zona 100 ,000

Rasbopa heteromorpha 100 ,00 0

Tan iahthys albonubes 100 ,000

Aoanthopthalmus ku h li i 100,000

Copydopas aeneus 100 ,000

Copydopas j u l i i 100,000

Plecostomus pleo ostomus 200 ,000

Gyp inooheilus aymoniepi 300 ,00 0

Poe ci lia pe tiaul at a 300 ,00 0

Ptepophyllwn saa lar e 400,0 00

Cheipodon axelp od i 600 ,000

Betta splenden s 600 ,00 0

Paraaheipodon irm esi 1,10 0,00 0
143

In a 12-m onth p eri o d fro m A p ri l 1968 to ’la rc h 19 69 , In d ia ex p o rt ed 4,3 91,8 82 

b ir d s * , of wh ich 16 7,72 4 came to th e U nit ed S ta te s . T his co u n tr y was th e 

fo u rth in ra nk of c o u n tr ie s im p o rt in g In d ia n b ir d s . In an 11 -m onth p eri o d 

th e fo ll o w in g y e a r, th e num ber of b ir d s ex p o rt ed to th e U nit ed S ta te s ro se 

to ov er 264,0 00, acco rd in g to one so u rc e. Our c o m p il ati o n show s th a t we 

im po rted over 20 9, 00 0 b ir d s fro m In d ia ; in 19 71 , th e fig u re was 18 5, 00 0. 

D esp it e th e f a c t th a t In d ia was num ber 1 among c o u n tr ie s fro m which we 

im po rted b ir d s in 1970 and num ber 2 in 1971 , we a p p re n tl y acc ount d ir e c tly 

fo r only about 4 p e rc e n t o f t h e i r e x p o rts . However, many o th e r In d ia n 

b ird s may be tr an ssh ip p ed to u s. Co mp ara ble f ig u re s fo r o th e r c o u n tr ie s or 

fo r o th e r gr ou ps of an im als a re n o t a v a ila b le .

*

*Data from C. L. Bo yle " S t a t i s t i c a l Enq ui ry in to Animal T r a f f ic ," re p o rt 

to XV I n te r n a tio n a l C ou nc il f o r B ir d P re s e rv a ti o n , T ex el, N e th erl an d s, 1970.

13
III. ENVIRON MENT AL IMPAC T OF PROPOSE D A CTIO N

The proposed action (Appendix 2) is desig ned to prevent a detrimental 

impact on the en viro nmen t by greatly reducin g the possibilit y of the 

establishment of exotic species of w ild life in the Unite d States and its 

possessio ns and territories, and by p reventing the introduc tion of wildlife that ma y be harmfu l to humans or that m ay intro duce an agri culturally 

important disease. The proposed regulatio ns, if implemented, should 

prevent unnatur al ecol ogical imbala nce in native animal comm unities due 

to exotics. Pert urbations in these communitie s can lead to exces sive 

losses of nativ e flora and fauna and physical environ ment (see Append ix 1).

The proposed a ctio n will not have any direct effect on the natural 

environment except to prevent alte rati on of the p resent faunal compositio n 

throug h introduction of exotic species. Pro mulgation of these regulat ions 

should preven t losses or injury to hu man life by delibera tely imported 

communicable disease vectors, and to property, natural waters and terrain 

due to the establi shme nt of ha rmful exotic animals.

Adopt ion of the pro pose d regulat ions will lessen the depl etio n of 

wild life resou rces of the countries that export live wildlife to the 

Unit ed States. It is unlikely, however, that any reductio n in the c apture 

of wildli fe in these count ries will be equivalent to the r educ tion of 

animals imported into the United States, beca use many that might have been 

exported to this country may instead be exported to some other nation. 

Nonetheless, there should be a net redu ction in the total number of animals 

taken from the wild popu lations thro ughout the world. Ther e will be, as a 

corol lary to the above, a loss of income to the c itizens of exporting 

countries who deriv e all or part of their income from the capture, sale, 

holding or tran spor tation of live wild life destine d for the United States 

market . We are not in a position to es tima te the extent of such losses.

The port ion of the pet and a qua rium fish indu stry of the Unite d 

States that is depend ent on the importat ion of exotic wildlif e w ill undoub tedl y suffe r some economic loss as a result of the proposed action.

One e stimate * places an annual va lue of $2 b ill ion on the ornamenta l 

aquariu m fish and accessor ies trade. In lieu of a better figure, we 

estimate the r emainde r of the industry dependent on the impo rtation of 

exotics to have an annual value of $.5 billion.

Three of the four specie s on the p roposed "lo w risk" list of birds 

(Canary, Beng ales e Finch, and Zebra Finch) comprised 27.7 and 23.0 per ­

cent of all birds imported in 1970 and 1971, respectively. In those 

same years parrots of the family Psittaci dae, exclude d from the scope of 

the pr opos ed regulatio ns, made up 13.5 and 24.4 percent of the total 

importations.

*Letter, Dr. Wal ter R. Courtenay, Florida Atl antic Univ., to Gov. Reubin 

O ’D. Askew, 6 April 1973.
145

C o nsi deri ng a d d it io n a l im p o rta ti o n s fo r purp ose s fo r whi ch p e rm it s ca n be 

is s u e d , im ple m enta tion o f th e pro pose d r e g u la ti o n s wo uld re duce b ir d 

im p o rt a ti o n by app ro x im ate ly 50 p e rc e n t. In f a c t , a c tu a l e f f e c ts on b ir d 

im p o rt a ti o n can not now be p re d ic te d a c c u ra te ly . R e g u la ti o n s of th e U. S. 

Dep artm en t of A g ric u lt u re re duce d le g a l im p o rta ti o n of b ird s to v i r tu a l ly 

n i l in Au gu st of 1972. Under more re c e n t re g u la ti o n s o f th a t Dep artm en t 

im p o rt a ti o n has re su m ed , b u t a le n g th y q u a ran ti n e p e rio d i s re q u ir e d . We 

do n o t p re s e n tl y know a t wh at le v e l im p o rta ti o n w ill co n ti n u e un de r th ese

•

c o n d it io n s .

In th e y e ars 19 68 , 19 69 , and 19 70 , p ri m a te s made up appro xim ate ly 87 

p e rce n t of th e mammals im port ed. Assum ing th a t 50 p e rc e n t of th e p ri m ate s 

and 10 p e rc e n t of th e o th e r mammals we re im ported fo r th e purp ose s to be 

p e rm it te d un de r th e se r e g u la tio n s , th e im port tr a d e in mammals would 

be re duce d by about 45 p e rc e n t.

Im p o rt a ti o n of r e p t i l e s w ill be re duce d to th a t p ro p o rti o n p re s e n tly 

im ported fo r th e purp ose s to be p e rm it te d un de r th ese r e g u la tio n s . T his 

i s e sti m a te d as 5 p e rc e n t.

The two sp e c ie s of am phib ia ns p e rm it te d u n r e s tr ic te d im p o rt a ti o n 

under th ese re g u la ti o n s co m pr is ed ap p ro x im ate ly 80 p e rc e n t o f th e 

am ph ib ia ns im po rted in 197 0 and 19 71 . A llo win g fo r o th e r sp e c ie s im po rted 

fo r p e rm it te d p u rp o ses, im p o rta ti o n of am ph ib ia ns would be c u r ta ile d by 

about 15 p e rc e n t un de r th e se re g u la tio n s .

Based on th e sample of im port d e c la r a tio n s fo r O cto ber, 197 1’, only 3 

p e rce n t of th e fre sh w a te r f i s h im port ed would be r e s t r i c t e d by th e p ro ­

po se d re g u la ti o n s . S im il a rly , 3 p e rc e n t of th e m ar in e f is h e s would be 

denie d im p o rt . Thu s, under th e pro pose d a c tio n , im p o rta ti o n of f i s h co uld 

c o n ti n u e a t about 97 p e rc e n t o f th e p re v io u s le v e l. None of th e 15 

sp e c ie s th a t made up th e m aj or p o rtio n (61 p e rc e n t) o f th e im p o rta ti o n s 

in O cto ber, 19 71 , i s a ffe c te d by th e pro po se d re g u la tio n s .

In a l l in s ta n c e s , th e a n tic ip a te d re d u c ti o n i n im p o rta ti o n of liv in g 

w ild lif e w ill a f f e c t th o se sp e c ie s which a re presum ed to be harm fu l to 

th e named i n t e r e s t s . A ltho ug h in some gr oups t h i s w ill a f f e c t th e g re a t 

m a jo rit y of th e sp e c ie s p re s e n tly im port ed, i t w ill (e x cep t fo r r e p ti l e s ) 

have a much sm all er e f f e c t on th e num ber of in d iv id u a l anim als im port ed.

• A la rg e p ro p o rti o n of th e econ om ic lo s s to p e t d e a le rs and im p o rt ers 

ca use d by th e re d u c ti o n of im p o rta ti o n ca n be o f f s e t by th e in c re a se d us e 

of anim als bre d in c a p tiv ity from sto c k p re s e n tly on han d. C le ar (1 97 3) * 

ha s in d ic a te d t h is in re fe re n c e to USDA p ro h ib it io n s and re g u la ti o n s 

a f f e c tin g b ird im p o rta ti o n , and R en tz (1 97 3) * ha s in d ic a te d th e p o s itiv e

• v a lu e s of su ch b re ed in g pro gra m s. The p o s s ib i l it y of th e e sta b li sh m en t

of f e r a l p o p u la ti o n s and th u s of damage to th e named i n t e r e s t s , by w ild lif e 

th a t has be en held in c a p tiv ity fo r a num ber o f g e n e ra ti o n s b e fo re es ca pe 

or d e lib e r a te r e le a s e i s b e li e v e d to be r e l a ti v e ly low. C ap tive p o p u la ti o n s 

a re su b je c t to lo s s of c h a r a c t e r i s ti c s th a t en ab le in d iv id u a ls to su rv iv e 

in th e w il d , hav in g be en rem ove d fro m n a tu r a l s e le c tiv e f a c to r s and su bje c te d in s te a d to a r t i f i c i a l s e le c tiv e f a c to r s fa v o ri n g a d a p ta ti o n to 

c a p tiv ity .

*See L ite r a tu r e C it ed S e c ti o n of Ap pe nd ix 1 f o r f u l l r e fe re n c e s .

15
146

An unknown, but prob ably high, prop ortion of the e stim ated value of 

the exotic pet industry is made up from the manufacture and sale of food, 

equipment, and othe r supplies nece ssar y for the ma intenance of the 

animals. This aspec t of the industry w oul d be rela tive ly little affec ted 

by the pr opos ed actio n b ecause the conti nued trade in "low risk" and 

captive-bred animals would result in a cont inue d n eed for these supplies 

and equipment.

That por tion of the fish-farm indus try that is econom ically depe nden t 

on the importat ion of exotics may suffer some revenue loss as a result of 

this action. However, this indus try has not yet deve lope d to the level 

where severe economic loss would occur if importat ion of potentially 

injurious exotics is prohibited. The dema nd for domestically raised 

aquarium fishes to replac e in the mar ket those exotics previously 

imported may prov e to be benef icia l to this industry.

A small aspect of the food supply indus try in this country is based 

on the impo rtat ion of live fres hwater and land snails as food items.

The propo sed action would prevent such importation,' wit h resultant loss 

of revenu e to the importers. However, this is but a small por tion of the 

food industry. Edible snails can be, and are, also imported in other 

tHan the living state.

The Giant Pacific Oyster industry has an esti mate d value of $10,000 ,000 

per year and employs appr oxim atel y 1,500 people, accor ding to Jo hn Glud, 

Deputy Regional Director for the Nat ional Mar ine F ishe ries Service (pers. 

comm.). Alt hough the greater part of the seed oyst er on wh ich this 

industry is de pendent is produced in the State of Washington, a consider able 

amount of the seed oyster is imported from Jap an and British Columbia, 

Canada. Glud esti mate s that the propo sed rest riction on importat ion 

affecting seed oysters would depres s the va lue of the industry by approximately 50 percent, althoug h he feels this effect w ould be only temporary. 

Hatcher y succes s can be improved with seed banki ng— during good years the 

seed can be stored in the intertidal zone for resupplyin g after y ears of 

failure. Glud esti mate s that the industry wo uld fully r ecover in five to 

ten years. Control of dredg ing in Willi pa Bay, Washington, by the U.S.

Army Corps of Engineers would permit a g reat increase in the pr oduction 

of seed oyster s in that area. Alt hough m any parasites and commens als of 

oysters and other mo llusks, and othe r m ari ne organisms as well, have 

already been i ntro duce d w ith seed o yst er and the accompan ying water, and 

have becom e established, further introdu ctio ns of this sort will be prevented by this p roposed action.

16
IV. MITIGATING MEASURES INCLUDED IN PROPOSED ACTION

The pr op os ed r e g u la tio n s , p u rs u a n t to su b se c ti o n (a ) (1 3) o f th e 

s t a t u t e , pro vid e fo r th e co n ti n u ed im p o rta ti o n of in ju r io u s w ild lif e by 

p e rm it , fo r z o o lo g ic a l, e d u c a ti o n a l, m ed ic al, and s c i e n t i f i c p u rp o se s.

The s ta tu t e re q u ir e s th a t th e a p p li c a n t make a p ro p er show ing of re sp o n ­

s i b i l i t y and conti nued p ro te c ti o n o f th e p u b li c i n te r e s t and h e a lth .

The s ta tu te a ls o c o n ta in s o th e r exem pti ons, which a re r e f le c te d in 

th e pro po se d r e g u la ti o n s . F i r s t , sin c e th e s t a tu t e a p p li e s s p e c if ic a lly 

to sp e c ie s o f w il d mammals, b ir d s , f is h (in c lu d in g m ollusk s and C ru sta ce a), 

am phib ia ns, and r e p t i l e s , o th e r c a te g o rie s o f a n im als , su ch as ech in oder m s, 

in s e c ts , and sp on ge s a re n o t in c lu d e d . Se co nd , im p o rta ti o n s by F ed era l 

a g e n c ie s, fo r th e i r own u se , a re s p e c if ic a lly ex em pt ed . T h ir d , im p o rt ati o n 

of de ad n a tu r a l h is to r y sp ec im en s f o r museums or fo r s c i e n t i f i c c o lle c tio n s 

a re s p e c if ic a lly ex em pt ed . F o u rth , dom esti cate d c a n a rie s and p a rro ts 

(in c lu d in g a l l sp e c ie s o f p s i t ta c in e b ird s ) a re s p e c if ic a lly ex em pted .

The pr op os ed re g u la ti o n s p ro v id e a l i s t of "low r is k " w i l d li f e , wh ich 

may be im port ed w it h o u t p e rm it . T his l i s t c o n s is ts o f w ild lif e which ha s 

be en fo und, a f t e r re vie w in g s c i e n t i f i c and o th e r d a ta , to p re se n t a low 

r i s k of in ju ry to th e i n te r e s t s named in th e s t a tu t e . P rio r to ad o p ti o n 

o f th e pro pose d re g u la tio n s , th e "low r is k " l i s t i s , lik e a l l o th e r p a r ts 

of th e pro po se d r e g u la tio n s , a p ro p o sa l. Thu s, i t i s su b je c t to p u b li c 

com ment, and may be ch an ge d i f and when th e re g u la ti o n s a re adopte d.

Once ado p te d , th e "low r is k " l i s t may be amended by e it h e r ad din g or 

d e le tin g sp e c ie s . The p ro c ess of am endin g th e l i s t by re q u e st from a 

member of th e p u b li c c o n s is ts o f two s te p s . In th e f i r s t s te p , any 

pers o n may su bm it a re q u e st fo r a re vie w of a l i s t e d o r n o n lis te d sp e c ie s. 

I t must c o n ta in w hate ver s c i e n t i f i c , co m m er ci al , o r o th e r d a ta th e pers on 

ha s to su p p o rt th e r e q u e s t. I f i t i s dete rm in ed th a t th e re q u e st ha s 

p re se n te d s u b s ta n tia l evid ence wh ich w a rr an ts a re v ie w , a fin d in g to th a t 

e f f e c t w ill be p u b li sh ed in th e F e d e ra l R e g is te r , in v itin g th e p u b li c to 

conanent and to su bm it in fo rm ati o n re g a rd in g th e s p e c ie s . A fte r c o n sid e ra ­

tio n of th ese comm ents, a d e c is io n w ill be made and p u b li sh ed in th e 

F ed era l R e g is te r as to w het her a pro pose d ru le m ak in g w i l l be is su e d to 

make th e re q u este d amend ment. I f a pr op os ed ru le m ak in g i s is s u e d , i t , 

of c o u rse , i s s u b je c t to th e no rm al ru le s of la w , under which p u b li c 

comment w ill be c o n sid ere d .

In a d d it io n , th e Burea u of S port F is h e rie s and W il d lif e ca n amend 

th e "lo w r is k " l i s t a t any ti m e, on i t s own m otion. Any su ch amendm ent 

wo uld be ac co m plish ed by th e is su a n c e of a pro po se d ru le m akin g, su b je c t 

to p u b li c com ment, p r io r to any f i n a l ru le b ein g ad opte d.
148

It should be n oted that a public request to amend the list must be 

accompan ied by scientific, commercial, or other data which presents 

"sub stantial evidence" that a r eview is warr anted. It is not requi red 

that the me mber of the public "prove" his case beyond a doubt, but simply 

that he prese nt suff icient evidence to warrant a revie w by the Bureau of 

Sport Fishe ries and Wildlife. The judgment as to what constitut es 

"substan tial evidence" must, of nece ssity, be m ade on a case by case 

basis. A v ari ety of factors, such as the extent of scienti fic knowledge 

on the specie s invol ved and the reliabi lity of the data submitted, must 

be consi dere d in ea ch such judgment. »

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149

V. ADVERSE EFFECTS WHI CH CANNOT BE AV OIDED 

SHOULD THE PROPOSAL BE IMPLEMEN TED

The propose d acti on permits the importa tion of indi viduals of 

certain specie s of wild life cons idered to be of low potential for environme ntal damage. However, there is some risk involved wi th any 

importation. Thus, there is a pote ntial adverse effect that is proportional to the n umbe r of specie s cons idered to be of "low risk."

Large numbers of some exotic species will be in the Unit ed States 

at the time the regulati ons take effect. These animals can be u sed as 

breedin g stoc k to mai nta in the caged pet industry. Thus there will be 

a reservoi r of potentially h armf ul wildli fe available for escape or 

deliber ate release, from whic h fera l population s could b e established.

Ther e remains the p ossibility of impor ting p otentially harmful 

commensal, parasitic, or associated speci es wit h those species considered to be a " low risk," partic ula rly in the wa ter c ontaining a quatic 

anim al s.

The importatio n of individua ls of speci es native to the Unit ed States 

(some of whi ch are on the " low ris k" list) can be considered a form of 

genetic pollution. Even though cons pecific with native populati ons, 

these individu als may represent p opulations w ith different physiologi cal, 

behavioral, or ph ysical adap tati ons whi ch may be detrimental if introdu ced 

to the na ti ve populations.

Psittac ine birds are exclude d by statute (Lacey Act) fro m the pur view 

of the pr opos ed action. These b irds present a pa rticularly serious 

pote ntia l threat to the e nvironment, to human health, and to ag ricu ltural 

inter ests when impor ted and esta blished.

Rest rictions on the importa tion of exot ic animals for use as pets 

may result in the incr ease d ut ili zat ion of the residen t fauna for this 

purpose. This may e ndanger some species of our native fauna and eve ntually the flora and gener al phy sical environment.

There m ay be an Increase in the illegal impo rtat ion (smuggling) of 

restr icte d wildlife. Man y common impo rtation techniques, such as the 

incl usio n of fert ilized fish e ggs in first class mail, are difficult to 

detect and w ill caus e p roblems in enforcing the r egulations. Illegally 

imported wildli fe is parti cularly dang erous in that normal quarantine 

and other prot ective p roce dure s are avoided and there is a hig h risk of 

fortuito us damage.

The pet, shellfish, and fish -far ming indu stries and individ uals who 

import exot ic animals for sale w ill suffer economi c losses pro portional 

to their depe ndence on these imports.

There wi ll be losses in incom e to those persons in countries that 

export live wil dlife prop orti onal to their dep endence on the capture, 

sale, care, or tran spor tation of animals that would nor mal ly be d estined 

for sale in the United States.

19
150

VI. THE RELA TIONSHIP BETWEEN LOCA L 

SHOR T-TE RM USES OF MAN'S ENVI RONM ENT AND

THE M AINTENANCE AN D ENHANCE MENT OF 

LONG-TERM PRODUCTIV ITY

Alt hough the introduction and establis hmen t of limited numbers of 

individuals of an exoti c wildlife species in this country may seem to 

pose little threat to the named interests at the p resent or in the near 

future, there can be chang es in the size and range of the popu lations 

and their resource use in future generat ions that may prove to de det rimental. Appendi x 1 give s several examp les of this concept. Some degree 

of r egul atio n wou ld aid in the main tenance of long- term pr oductivity.

20
151

VII. ANY IRREVERSI BLE AND IRRETRIE VABL E 

COMMITME NTS OF RESOU RCES WHICH WOU LD BE

INVOLVED IN THE PROPOSE D A CTI ON SHOULD IT 

BE IMPLEMEN TED

Impl emen tation of this p roposed action w ill involve the commitm ent 

of resou rces in the form of m anp ower and funds for enforcement. At the 

present time, the Bureau of Sport F isheries and W ild life has a system of 

* clea ranc e of imports of wi ldlife at cert ain d esig nated ports of entry.

The authori ty for this system d erive s from the Endanger ed Species Conservat ion Act of 1969, in whi ch the Sec retary was given the authority to 

designa te certain p orts for the entr y of fish and wildlife. The entry of 

fish and w ild lif e at any other port was a vio lat ion of the Act. This 

auth orit y wa s continu ed and strength ened in the Enda nger ed Species Act of 

1973. Pursuant to this authority, the Secr etary designated eight ports 

of ent ry— New York, Miami , New Orleans, Chicago, Los Angel es, San 

Francisco, Seattle, and Honolulu. The Bure au has placed Special Agents 

who are trained in the ident ific atio n of w ild life and the laws whi ch 

appl y to the importatio n of wil dlife at each of these designated ports.

By regula tion, the Secre tary has prov ided for the entry of certain fish 

or wildlife into othe r ports of the Uni ted States under special circumstances. In addition, the Secre tary has provided by regulation s for 

permi ts to import wild life through non- designated ports of entry.

The function ing of the system for clearan ce of fish and wild life 

described above depends upon the cooperatio n of the Special Agents of 

the Bureau of Sport Fisheries and W ild life and the Insp ectors of the 

Customs of the Custo ms Service. In mo st cases, it is the inspecto rs of 

the C ustoms Service who first intercept the a ttempted entry of fish or 

wil dlife into the country. They then n otify an agent of the Bureau, who 

will come to inspec t the shipment and the docu mentation a ccompanying it.

The agent will then eith er clear the shipmen t for entry into the U nite d 

States, or wi ll deta in it for further investi gati on if it appear s to be 

in vio lation of any of the variou s laws relating to the importa tion of 

fish or wildlife. In addition to this on-site insp ecti on and investigation system, the re gula tion s of this Bureau require that all importat ions 

of fish or wildlife be accompan ied by a D eclaration of Importation. This 

declaratio n is filed with the Custom s inspe ctor at the time of Customs 

entry. The decl arations are then forw arde d to the special agents of the 

, Bureau, whe re they are reviewed for pot ential vi olation of the law. If a

vio lation is suspected, an inve stig ation is initiated.

The system described a bove was d esigned to take note of the initial 

entry of fish and w ild life or to de tect it by an inve stig atio n which 

« occurs after the initial entry. A system of enforce ment wh ich wou ld be

adequ ate for the aims and purposes desc ribed by this proposal woul d 

require an absolute screen to the e ntr y of fish or wil dlife at the time

21
152

of e n tr y , sin c e i t i s th e v ery e n tr y in to th e co u n tr y wh ich i s to be 

p ro h ib it e d . T his i s an al ogous to th e p re v en ti o n of th e e n tr y of c a r r ie r s 

of human d is e a se or a g r ic u ltu r a l p e s ts . In a l l th ese c a s e s, d e te c tio n 

and in v e s ti g a ti o n a f te r th e e n tr y ha s o ccurr ed i s n o t ad eq u ate , sin c e th e 

damage to be av oid ed w ill most lik e ly ha ve ta k en p la c e by th a t ti m e. The 

c re a ti o n of su ch an a b so lu te sc re en would re q u ir e a d d it io n a l manpower a t 

ea ch of th e e ig h t p o rts of e n tr y and a t th e p o rts m en tio ne d ab ov e th ro ugh 

wh ich f is h or w ild lif e may e n te r un de r s p e c ia l cir c u m sta n c es, as w ell as 

p ers o n n el to co ver a c t i v i t i e s a t th e n o n -d esig n ate d p o rts of e n tr y . In 

a d d it io n , money w ill be re q u ir e d fo r th e c r e a tio n o f i d e n tif ic a tio n g uid es 

and ke ys to enab le s p e c ia l ag en ts to id e n tif y th e wi de v a r ie ty of f i s h and 

w ild lif e th a t th ey w ill be re q u ir e d to in s p e c t. Th ese a d d it io n s a re made 

n ecessary by th e f a c t th a t th e Customs S erv ic e a lr e a d y e n fo rc e s laws fo r 

a wide v a r ie ty of o th e r F e d e ra l ag en cie s r e la ti n g to th e im p o rt a ti o n of 

v a rio u s co m m od itie s. I t would be n e a rly im p o ssi b le fo r th e Cus tom s 

S erv ic e to expan d th e a id wh ich i t a lr e a d y g iv es to th e s p e c ia l ag en ts 

of th e Bur ea u. T h ere fo re , an ex pan si on in th e B ure au ’s own fo rc e of 

S p ecia l Age nt s would be re q u ir e d to p ro v id e a sc re e n s u f f ic ie n t to a ssu re 

th a t th e f is h or w ild lif e co ver ed by t h i s p ro p o sa l d id n o t a c tu a lly e n te r 

th e co u n tr y .

22
153

VIII. ALTERNAT IVES TO THE PROP OSED ACTION

Between the extremes repr esen ted by Alt ernatives A and C there is 

a broad spec trum of possi bili ties , includi ng A lte rna tive B and the 

proposed action. Some of these p ossibilities w oul d require statuto ry 

amendments. Should the proposed act ion be implemented, there would 

probabl y be a c ontinua l fluctua tion al ong the spectru m because of the 

flexible nature of the ’’low risk" list included in the proposed regu-

• lations.

A. No Regulat ions

w One alt ernative to the pr oposed act ion is to take no action at all,

in eff ect leaving the implementa tion of this por tion of the Lace y Act as 

at present.

At present, there is a small list of species that are spec ifically 

proh ibited importation, although other species can be added to the list. 

In practice, speci es are added to the list whe n they have b een shown to 

be establi shed in this country and to be causing harm, or to be demon ­

strating the p otentia l for harm. This is not effective in preventing 

damage. Taking no act ion woul d perm it the importa tion of mos t wil dli fe 

specie s at any rate. There wo uld be no loss of income to industr ies now 

depen dent on the importat ion of exotic species. There wo uld remain the 

pote ntia l for the intr oduc tion and est ablishment of species har mful to 

the n amed inter ests (see App endi x 1 for examples), forcing a curativ e 

rather than prev entive position.

B. Less Res trictive Allowance for Impo rtation by Permit

The statute could be amended to a llow a b roa der pe rmit system so 

that any person who coul d demonstr ate the abi lity and w ill ingness to 

contain potentially injur ious anima ls in such a way as to pr even t their 

escape or release into the wi ld would be elig ible for a permit to import 

them. This w oul d reduc e the economic loss to mos t of those wh o import 

exotic wild life species, but w ould nec ess itate expendi ture s for proper 

housing for the pote ntially harmful species. It wo uld necess ita te the 

formula tion of regulat ions stipula ting what cons titu tes proper and safe 

housing and prov idi ng for insp ecti on and licensing thereof. Experience

• has shown that no containmen t system for w ild lif e is Infa llib le because 

of huma n error and/ or "acts of God."

The named inter ests w ould still be affe cted by the impo rtation of 

disease be aring animals and other hazards, alt hough to a lesser degree

• than at present.

23
154

C. Prohibition of All Imports

Another alternat ive wou ld be an amend ment to the statute to the effect 

that since all species are pote ntia lly harmful if imported for any purpose, 

no exceptions should be allowed. This woul d effect a complete prohibitio n 

on Importation of any exotic w ildlife species. This alterna tive would 

cause severe economic losses to those who now import wildlif e and/or trade 

in imported wildlife. It would remove the p ossibility of zoos, public 

aquaria, etc., adding to their holdings. It would greatly reduce the 

possibil ity of harm to the na med interests. It wou ld represent the extreme 

of preventive actions.

24
IX. CONSULTATION AND COO RDI NAT ION WITH OTHERS

1. Cons ulta tion a nd Coor dina tion In the Developm ent of the

Proposal an d In the P repa ration of the D raf t Envi ronmental S tatement.

Offi cials of the Council on Env ironmental Quality worked in close

coop erat ion with represe ntatives of the Bureau of Sport Fi sheries and

Wildlif e in early stag es of form ulat ion of the concept s of the propose d

regulations.

On Jan uary 18, 1973, Assistant Sec retary of the Interior Re ed

brief ed mor e than 20 i nvite d leader s of con ser vation and envi ronmental

organizati ons on the general outline of the plan ned revision of

regu lati ons con cerning the importa tion of live w ildlife. Comments fro m

those attending the briefin g were incorpo rate d into the milieu from which

the pr oposal wa s wri tten.

In January, 1973, informat ion was solicit ed from the Statistics an d

Market News Section, National Ma rine Fis heries Service, NOAA, on the

specie s of mo lluscs and crustace ans that were nor mally imported alive

that might be affe cted by the propo sed regul atio ns. Further informatio n

was solicited from sc ientists in the N ati onal Ma rine Fisheries Service

and the Smit hsonian Institution. At the same time, informatio n was

solicited from the An imal and Plan t Heal th I nspe ctio n of the U.S.

Department of A gri culture o n re gula tion s, proposed or presently in

effect, concern ing the importat ion of live an imals, with a vi ew toward

developm ent of comp atible regulations.

On May 31, 1973, a brief ing was held by the Div ision of Law

Enfo rceme nt (B.S.F.W.) for of ficials of the U.S. Public Health S ervice

(Center for D ise ase Control) and the U.S. Depa rtme nt of A gri culture

(Animal and Plant Hea lth Inspecti on Service) at w hich the nat ure of the

pending pro posal was discusse d and advice was solicited.

On April 13, 1973, a grou p of pro fessional ichthyolog ists asso ciated

wit h the Na tional Ma rin e Fishe ries Service and the Smit hsonian Institutio n

submitted (as p riva te citize ns) a list of species and groups of fis h with

a recommendation that these forms be prohib ite d fro m im port atio n and that

the propo sed reg ulations include list s of p rohibited rathe r than "low

risk" forms. The list m entioned was drawn up in conjunction wi th Dr.

Robe rt Rofen of the Pet Industry Join t A dvi sor y Council, and others. A

list of gene ra of fish with reco mmendations as to prohibition f rom

importat ion or free ent ry b y decl aration wa s subm itte d to the Bureau on

April 30, 1973, by H erb ert R. Axelrod, Chairman of the Ex otic Fishes

Comni ttee of the A mer ica n Fi sher ies Society. This list was based, in

part, on the one pre vio usl y ment ioned.
The two l i s t s p re v io u sly m en tio ne d we re s e n t, on Ju ne 12 , 1973, to 

more th an 100 p ers o n s and i n s t it u t io n s w it h i n te r e s t s in f i s h —c o n se rv a ti o n i s t s , s c i e n t i s t s , o th e r p ro fe s s io n a l ic h th y o lo g is ts , a q u a r is ts , 

im p o rte rs, and h o b b y is ts —w it h a re q u e st fo r re co m men da tio ns fo r 

a d d itio n s , d e le tio n s , and o th e r germane com ments. The l i s t of "lo w r is k " 

f is h p u b li sh ed w it h th e pr op os ed re g u la ti o n s was pre par ed on th e b a s is 

of th e se e a r l i e r l i s t s and comments th ere o n .

In th e p eri o d d u ri n g which th e p ro posa l was bein g devel oped , s e v e ra l 

Bu reau p ers o n n el spoke b efo re in te r e s te d gro up s re p re s e n tin g v a ri o u s 

co mm erci al and s c i e n t i f i c use s of w ild lif e on th e g e n era l to p ic of 

re g u la ti o n of th e im p o rt a ti o n of w ild lif e . Comments g en era te d as a 

re sp o n se to th ese ta lk s were con si d ere d in f u r th e r de ve lo pm en t of th e 

re g u la ti o n s .

2. C oord in ati on in th e Revie w of th e D ra ft E nvironm en ta l S ta te m en t.

Cop ies of t h i s envir onm enta l st ate m ent w i l l be c ir c u la te d to th e 

fo ll o w in g agen cie s f o r comment:

Dep artm en t of A g ric u lt u re 

F o re st S erv ic e 

S o il C onse rv ati on S erv ic e 

Anima l and P la n t H ealt h In sp e c ti o n S erv ic e

De pa rtm en t of Commerce

N ati o n al Oce an ic and Atm os ph er ic A d m in is tr ati o n

Dep artm en t of th e I n te r io r 

Bu reau o f Land Management 

Bu reau o f Ou tdoo r R ecre ati o n 

N a ti o n a l Par k S erv ic e

E nvironm en ta l P ro te c ti o n Agency

Dep artm en t o f H e alt h , Educa tion and W el fa re 

P u b li c H ealt h S erv ic e
157

RECENT PUBLICA TION S AND REPORTS OF THE B URE AU OF SPORT FISH ERIE S 

AND WILD LIF E RELATIN G TO IMPORTE D WILD LIFE

Special Scientific Rep ort— Wildlif e

136. Birds Imported into the U nited States in 1968. Richard C . Banks

September , 1970. 64 pp.

137. Mammals Imported into the U nit ed States in 1968., Clyde Jones.

November, 1970. 30 pp.

147. Mamm als Impor ted into the U nit ed State s in 1969.. Clyde Jones

and John L. Paradiso. January, 1972. 33 pp.

148. Birds Imported into the Un ited States in 1969. Richard C. Banks

and Roge r B. Clapp. April, 1972. 99 pp.

161. Mam mals Imported into the U nited States in 1970. John L.

Paradiso and Robe rt D. Fisher. November, 1972. 62 pp.

164. Birds Imported into the Un ited States in 1970. Roger B. Clapp 

and Richard C. Banks. February, 1973. 102 pp.

170. Birds Impor ted into the United States in 1971. Roger B. Clapp 

and Riohar d C. Banks. October, 1973. 99 pp.

Birds Imported into the Uni ted States in 1972. Roger B. Clapp.

In Pre paration.

---. Mamm als Impor ted into the Unit ed States in 1971. Roge r B. Clapp

and John L. Paradi so. In Press.

---. Mam mals Imported into the U nit ed States In 1972. Roger B. Clapp.

In Press.

---. Amph ibians and Repti les Importe d into the U nited States in

1970-71. Stephen D. Busack. In Press.

Wil dlife Leaflet

480. Wild life Importe d into the Unit ed States in 1967. March, 1968.

483. Wil dlife Imported into the Unit ed Stat es in 1968. February, 1969

491. Wil dlife Imported into the Unit ed Stat es in 1968. February, 1970

495. Wil dlife Impor ted into the Unit ed States in 1970. February, 1971

498. Wil dlife Impor ted into the U nited States in 1971. February, 1972

502. Wil dlife Impor ted into the Unit ed States in 1972. June, 1973.

43-97 7 0 - 75 - 11

27
158

Reports

Aquarium Fishes Imported into the Unite d States during October, 1971 

John S. Ramsey. Report submitted to Division of Fishery Research, Bureau 

of Sport Fish erie s and Wildlife.

28
159

APP END IX 1.

A REPO RT OF SOME EFFEC TS OF THE IMPORTA TION OF WILDLIFE 

Richard C . Banks 

Res earch Staff Specialist 

Divisio n of Wi ldl ife Researc h 

Bureau of Sport Fis heries and Wildl ife

INTR ODUC TION

For centuri es man has playe d an impor tant role in determin g the distribu tion of wil dli fe species on earth. By competition with, or by

* uti lization of, vari ous wildlife species, man has restricted or expan ded 

the rang e of many of them either at wi ll or by accident. He has forced 

the ext inction of some species, and has greatly Increased the numbers of 

others. This report consi ders some of the effects on fish and w ild life 

and on ma n himself of ma n's pract ice of mo ving individuals of animal 

specie s to geog raph ic areas wher e those species are not native. The 

report spe cifically concen trat es on those effects that are detrimental, 

or pot entially so, to nat ive wil dli fe specie s and/or their environ ment 

or to man and his var ied interests.

Importatio n is the act of br inging living individua ls of an animal 

species into a geograph ic area wher e that species is not native. Gen erally 

this is from one cou ntry or cont inen t to another, although it could also 

include the mo vement of an animal from one part of a country to another. 

Importat ion does not nec essarily imply the r elea se of individu als of the 

species into the wild, altho ugh such a release, either accidental or 

delibe rate, is ofte n the result of importation. The release of an exotic 

species is called int rod uct ion . Esta blishment occurs w hen a re leased or 

introduced exot ic specie s becomes able to main tai n a reproducing wild or 

feral pop ulation in its n ew home.

Importat ion of indi vidua ls of a wi ldl ife species m ay or m ay not have 

an effect on the importer or on other peop le or animals wit h w hic h those 

individu als become associated. The intr oduc tion of such individua ls 

nec essarily has some effect, if only the tempo rary util iza tion of some 

resource. Esta blishment of a po pulati on implies and demands a utilization 

of several resourc es and a de facto ecol ogical r elationship. Although

* there are several potentially det rim ental effect s on man in mer ely importing individu als of exotic wi ldl ife species, the greatest detr imen t 

lies in the poss ibility of the esta blis hment of a popu lation of the 

specie s in an area whe re it is not native. Because establishm ent by 

unnatur al mean s always is precede d by importation, and because impo rtation

* often leads to est abli shme nt, this report considers these phenomena to be 

Inseparable. Elton (1958) has disc ussed the me chanics of the establishment of exotic populations.

The intr oduction of an exoti c species may take p lace a ccidentally or 

deli berat ely. Animals can escape from cages or conta iner s in transit, 

whi le being pro cessed through customs checks, while in pet stores or zoos,

1
160

or when in th e ha nd s of p r iv a te ow ne rs. Many e x o ti c b ird s a re f i r s t note d 

in th e v ic i n i ty of m ajor a ir p o r t s . S evera l z o o lo g ic a l gar den s in th e 

so u th e rn s t a te s m ain ta in b ir d s and p ri m ate s in e s s e n t ia l ly fre e -ra n g in g 

c o n d it io n s , and th ese anim als may con se q u en tl y e sc a p e . A quatic or ga ni sm s 

sometim es esc ap e when h o ld in g or bre ed in g po nd s fl o o d or le a k . Sm all 

org an is m s may in a d v e rte n tly be im port ed w it h la r g e r an im als .

D e li b e ra te in tr o d u c tio n s a re o fte n made by p ers o n s hopi ng to e s ta b lis h 

p o p u la ti o n s of game sp e c ie s or to p ro v id e some c o n tr o l fo r p e s t s p e c ie s. 

O th er p ers o n s may r e le a s e p e ts when th e n o v e lt y w ea rs o ff o r when th ey are 

no lo n g er ab le to p ro vid e fo r them . S t i l l o th e rs m er el y wan t to "en ri ch " 

t h e ir en vi ro nm en t (s ee Lay co ck , 19 66 , esp . pp . 7 0 -7 3 ).

I t i s im possi ble to p r e d ic t w het her any p a r tic u la r s p e c ie s , or grou p 

o f in d iv id u a ls , w ill pr od uc e an e s ta b lis h e d p o p u la ti o n a f t e r in tr o d u c tio n . 

Many d e lib e ra te a tt e m p ts to e s ta b lis h sp e c ie s ha ve f a ile d a f t e r re p ea te d 

t r i a l s (L ay co ck , 19 66 :181 f f . ) . On th e o th e r ha nd , some sp e c ie s have 

become e s ta b lis h e d v ery e a s ily , a f t e r th e in tr o d u c tio n of only a few in d iv id u a ls . In some sp e c ie s i t i s p o ss ib le th a t a s in g le f e r t i l i z e d fe m al e 

co uld e s ta b lis h a th r iv in g p o p u la ti o n .

Many sp e c ie s of an im als q u ic k ly in c re a se in num ber in a new en v ir o n ­

m en t, per hap s bec au se of th e la c k of n a tu r a l p re d a to rs and p a r a s ite s .

O th ers may m ain ta in only a sm all co lo ny in a r e s t r i c t e d geogra phic a re a 

fo r lo ng p e rio d s of ti m e. Of th e s e , some w ill d ie o u t, some w ill c o n ti n u e , 

and some may su dden ly in c re a s e g r e a tly in num ber and ra nge i n a sh o rt 

p e ri o d o f ti m e. In th e l a t t e r , i t i s pro bable t h a t some g e n e tic a lly 

c o n tr o lle d p h y sio lo g ic a l o r s tr u c tu r a l ch an ge has o ccu rr ed th a t ha s p e rm it te d th e sp e c ie s to overc om e a p re v io u sly lim itin g f a c to r . The 

p o s s ib i l it y of t h is hap pen in g su g g e sts th a t any sp e c ie s ca n adap t to any 

s e t o f envir onm en ta l c ir c u m sta n c e s, giv en tim e and ex posu re to th e en ­

vir onm en t .

T his re p o rt doe s n o t p re se n t an y new in fo rm a ti o n . I t i s a summary of 

a p a r t of a la rg e bod y o f te c h n ic a l and se m i- te c h n ic a l l i t e r a t u r e th a t 

r e p o rts and do cu men ts wh at has ha pp ened in s p e c if ic In sta n c e s in th e p a s t. 

I t d e sc rib e s a num ber of k in d s o f d e tr im e n ta l e f f e c ts th a t ha ve ta ken 

p la c e as a r e s u l t of th e im p o rta ti o n a n d /o r e sta b li sh m e n t of w ild lif e 

sp e c ie s and su g g ests th a t ea ch of th ese e f f e c ts co uld occu r re p e a te d ly 

i f th e se p r a c tic e s co n ti n u e w it h o u t r e g u la ti o n o r c o n tr o l. I t i s 

im p o ssi b le to p r e d ic t w it h an y c e r ta in ty w het her an y p a r tic u la r r e s u l t 

w ill occu r w it h an y p a r tic u la r sp e c ie s or in d iv id u a l an im al.

The h azard s of e s ta b lis h in g p o p u la ti o n s of e x o ti c sp e c ie s have be en 

d is c u sse d by many a u th o rs in p a s t y e a rs. Thi s r e p o rt w i l l r e f e r to some 

of th e se e a r l i e r w rit in g s as w e ll as to many p ap ers th a t m er ely re p o rt 

th e s itu a tio n w it h o u t ma kin g a judg men t as to w het her i t i s har m fu l or 

b e n e f ic ia l. In many in s ta n c e s th e re has be en to o l i t t l e st u d y on which

2
161

su ch a ju dg men t co uld be b ase d . I t i s im p o ssi b le to co ver o r l i s t th e 

e n tir e l i t e r a t u r e p e rta in in g to im p o rt ed , in tr o d u c ed , o r e s ta b lis h e d 

w ild lif e bec au se i t i s so v a s t. Good, b u t n e c e s s a r ily lim ite d , 

b ib li o g ra p h ie s a re p re sen te d by La yc ock (1 966), de Vos e t a l . (1 956), 

and Lac hn er e t a l . (1 970).

T his re p o rt d e sc rib e s th e e f f e c ts of im p o rta ti o n and r e la te d ev en ts 

f i r s t on th e n a ti v e w ild lif e and w ild lif e en vi ro nm en t of an a re a , and th en 

on man and h is p e rso n a l and econ om ic i n t e r e s t s . F in a lly , th e e f f e c ts on 

th e p o p u la ti o n s fro m wh ich th e e x o ti c s a re drawn a re d is c u sse d in le s s 

d e t a i l .

<

3
SFFEC'iS O N NATI VE WILD LIFE AND ENV IRONMENTAL RESOURCES

There are five basi c ways in which impor ted or establish ed w ildlife 

species can have an effect on native wildl ife and on the envir onme ntal 

resources of the a rea to which they are introd uced. These are:

1. Exotic wi ldl ife species may offe r direct competi tion to native 

species for food, nest sites, or some other essenti al resource;

2. Exotic wildl ife species can at times become serious pred ator s 

on elements of the n ati ve fauna;

3. Exotic species ma y alter the h abitat in some way as to make it 

uninh abit able for forms of native wildlife;

4. Exotic animals ma y carry para sites or disease s that can be 

communicated to nativ e species;

5. Exot ic species m ay hyb ridi ze wit h closely related native (or 

domesti cated) species, introduc ing detr imental char acters into the 

native populat ion.

The effects on native wildlife of impo rtation in the strict sense, 

without conse quen t introdu ctio n or establis hmen t are rather limited, and 

probably wou ld fall only into the fourt h of the indi cate d categories. 

Introduct ion or esta blis hment in even a limite d and restricte d area could 

result in any or all of the sugges ted effects.

In additio n to the p rimary specie s being imported, any importat ion 

of wil dlife may include "hidd en" specie s in wa ter or cage litter. Water 

containi ng fish or other aquatic organis ms duri ng transit may also contain 

other organisms, perhaps in microscopi c egg or larval form. Some of these 

may be relea sed whe n the wa ter is dispos ed of. Species intr oduced in this 

way ma y become esta blished and ma y have serio us conseque nces even if the 

primary species bein g imported is ca refully mai nta ine d in captivity. Thus 

the mere act of impo rtin g one specie s may lead to the esta blishment of 

some other species. Further, any animal that is intr oduced deliber atel y 

or accident ally ma y carr y wi th it para sites or commens als that constitu te 

inadver tent or fortuit ous introductions.

Severa l exam ples of the e stablis hmen t of exotic species by inadvertent intr oduc tion are give n by Carl and Guiguet (1971), Lachner et al. 

(1970), and Lay coc k (1966). Pres umab ly larger animal species, such as 

most vertebr ates , are unli kely to be imported uninte ntio nall y, altho ugh 

some reptiles and per haps amphibians ma y arrive in shipments of fruit 

(Parrish and Khan, 1966) or in soil asso ciated with plant importations.

The burrowi ng snake Typhlop s brami nus is believed to have be en introduc ed 

into Hawai i in this w ay (Oliver and Shaw, 1953).
163

C o m peti ti on. —W ithin a n a tu r a l com munity in which sp e c ie s a re evo lv in g 

to g e th e r, envir onm enta l n ic h e s and fo od re so u rc e s have be en p a r titio n e d or 

d iv id ed among th e sp e c ie s in su ch a way th a t th e re i s r e la ti v e ly l i t t l e or 

no c o m p eti ti o n be tw ee n c lo s e ly r e la te d fo rm s. R at her comp lex mechanis ms 

have evolv ed to en fo rc e su ch a d iv is io n of th e re so u rc e ; th ese may in v o lv e 

m o rp h o lo g ic al, b e h a v io ra l, p h y s io lo g ic a l, and e c o lo g ic a l p ro c e sse s. The 

r e s u l t i s th a t ea ch sp e c ie s has ev olv ed in su ch a way th a t i t ca n e x p lo it 

i t s en vironm en t w it h o u t se v ere d e tr im en t to o th e r sp e c ie s in th e com munity 

and w it h l i t t l e co m p eti ti o n to or fro m them . In many in s ta n c e s , th e 

b ala nce i s r a th e r d e lic a te ; th e in tr o d u c ti o n of a new org an is m in to th e 

sy stem ca n be d is r u p tiv e to th e e x te n t of e li m in a ti n g a n a ti v e sp e c ie s.

W ri ti ng of th e w al kin g c a t f is h , C la ria s b a tr a c h u s , now w ell e s ta b -

* li s h e d in F lo rid a as th e r e s u l t of i t s esc ap e fro m a f is h fa rm , Cou rten ay 

and O g il v ie (197 1) n o te t h a t: "D ur in g our we t seaso n , th ese f is h com pete 

d ir e c tly w it h n a ti v e f i s h fo r fo od and sp ace, which has p re sen te d a new 

pr ob lem to r e s id e n t fo rm s. In th e ’d ry ' m on th s, when c an a l and pond 

w ate rs a re re duce d by e v ap o ra ti o n , th e c a t f is h e a t e v e ry th in g , in clu d in g 

n a ti v e f i s h ." In f u r th e r d is c u ssio n of t h is sp e c ie s in F lo rid a , La ch ne r 

e t a l . (197 0) comment: "In i t s v o ra cio u s fo od h a b it s i t co mpe tes w it h , 

and in tim e may d e p le te , th e n a ti v e fo od and game f is h e s , p a r ti c u l a r ly 

th e c e n tr a r c h id s , of th e warm s o u th e a s te rn fre sh w a te rs w it h wh ich i t 

co mpe tes d i r e c tl y fo r f o o d .. .. T h is sp e c ie s i s a se v e re ly ha rm fu l comp e t i t o r , fo r i t a p p a re n tl y re duces th e e n tir e fresh w a te r comm unity th a t 

i t in vad es to one common denom in at or, more w al kin g c a tf is h e s ."

Lac hn er e t a l . (197 0) d is c u ss s e v e ra l gro ups of f is h of wh ich 

members ha ve be en itt ro d u c e d in to N ort h Am erica n w a te rs. Among th ese 

a re th e C ic h lid s , a la rg e fa m il y of 850 to 100 0 sp e c ie s. They n o te 

th a t "Many sp e c ie s ad ap t both to fre s h and e s tu a rin e w ate rs and t h e ir 

pre dac eo us h a b it s make them c o m p eti ti v e to n a ti v e Nor th Am eri can warm - 

w ate r b ass and s u n f is h ." I t i s a member of t h i s fa m il y , th e pe ac oc k 

c ic h lid (C ic h la o c e lla r is ) th a t ha s becom e e s ta b lis h e d in Ga tun La ke , 

Pan ama , wh ere i t i s an e f f i c ie n t p re d a to r on sm all f i s h , th u s co mpe tin g 

w it h o th e r p re d a to ry f is h (Z ara t and P ain e, 19 73). T his sp e c ie s ha s 

a ls o been re le a s e d in F lo rid a (L ac hn er e t a l . 19 70 , and re fe re n c e s 

th e r e in ) .

A num ber o f in s ta n c e s in wh ich in tr o d u ced mammals have co mp ete d w it h 

n a ti v e fo rm s, or ev en w it h o th e r in tr o d u ced fo rm s, are c ite d by de Vos

* e t a l . (1 956). Among th e se a r e : Eu ro pe an r a b b it (O ry cto la gus c u n ic u lu s) 

w it h th e Eur op ea n hare (L epu s euro pae us) in v a rio u s p la c e s ; th e ra cc oon 

dog (N y cte re u te s pro cy o n o id es) w it h S ib e ria n m u ste li d s; fa ll o w d eer 

(Dama dama) w it h w h ite - ta ile d d eer (O doco ileu s v ir g in ia n a ) , and F lo rid a 

c o tt o n t a i l (S y lv il a g u s flo rid a n u s ) w it h New -En gland c o tt o n t a i l (j>.

* t r a n s i t i o n a l i s ) on M a rt h a's V in ey ar d, M assach u sett s; n u tr ia (M yo ca ster 

co ypus) w it h m us kr at (O nd at ra z ib e th ic u s ) in L o u is ia n a; and re in d e e r 

(R angif er ta ra n d u s) w it h c ari b o u (R. a r c t ic u s ) in Nor th Am erica.

5
Per hap s a c la s s ic exam ple of th e p o te n tia l e f f e c ts of co m p eti ti o n by 

in tr oduced sp e c ie s occu rr ed in A u s tr a lia w it h th e re le a s e of th e Eu rope an 

r a b b it. T his was sum ma rized by de Vos e t a l . (1 95 6: 17 8) as fo ll o w s:

"F re e fro m th e c o n tr o llin g f a c to r s of t h e ir o r ig in a l h a b ita t, Eu ropean 

R abbit s a tta in e d in c re d ib le nu mbe rs. They co n v ert ed m il li o n s of a c re s of 

good a g r ic u ltu r a l co u n tr y in to se m i- d e se rt by de nu di ng th e p la n t co ver 

and by g ir d lin g t r e e s . T his r e s u lte d n o t only in a decre ased c a rry in g 

c a p a c it y of th e ra nge fo r do m es tic sto c k , b u t a ls o in th e ra p id d is a p ­

pear an ce of many sp e c ia li z e d m ars u p ia ls which could n o t st an d th e 

c o m p eti ti o n . Some m ars u p ia ls have th u s becom e e x tin c t; o th e r s ,

f o r tu n a te ly , ca n liv e in a re a s to o dry fo r r a b b it s , and some are a rb o re a l.

The s n a il M el an oid es tu b e rc u la tu s , an in te rm e d ia te h o st fo r 

se v e ra l tr em at ode p a r a s ite s of man in th e O rie n t, was in tr o d u ced in to th e 

U ni te d S ta te s by th e aq ua rium tr a d e about 19 35 . As re c e n tl y as 19 70 , 

in d iv id u a ls we re so ld in aq ua rium sh op s fo r 35 to 50 c e n ts ea ch (M.

Im la y, p e rs. comm .). Mu rra y (1970) note d th a t t h i s sp e c ie s and th e 

r e la te d M el an oid es g ra n if e ru s we re e s ta b lis h e d n e ar San A nto nio , Tex as , 

a t th e ty pe l o c a l it y of th e n a ti v e s n a il G onio basi s co m a le n sis , and 

th a t th e l a t t e r sp e c ie s was extr em ely d i f f i c u l t to fin d wh ere on ce i t 

had be en common. Murray su ggest ed th a t one or b o th of th e in tr o d u ced 

s n a ils co uld in tim e in vad e th e ra n g es of lo c a liz e d en demic n a ti v e 

sp e c ie s w it h se rio u s r e s u l ts . A re c e n t r e p o rt (L an dy e, 197 3) to th e 

Bu reau of Sport F is h e r ie s and W il d li fe confi rm s th a t t h is ha s ha pp en ed . 

Lan dye re p o rts th a t some 50 sp e c ie s of n a ti v e fresh w a te r s n a ils o f th e 

Am eri can so uth w est a re th re a te n e d by M. tu b e r c u la tu s , s e v e ra l of them 

hav in g be en much re duce d in numb ers o r e li m in a te d . M el an oi de s

tu b e rc u la tu s b e a rs a lo ng sh ar p s p i r a l whi ch c au ses th e f i s h in po nd s to 

av oid i t when fe e d in g . The f is h fe ed on th e n a ti v e s n a ils s e le c tiv e ly , 

and th e e c o lo g ic a ll y co m pe tin g M el an oi de s g ra d u a ll y re p la c e s th e n a ti v e 

sp e c ie s

Som etim e a f t e r 19 35 , an e d ib le s n a i l, V iv ip aru s v iv ip a r u s , was 

in tr o d u ced in to W hite La ke , O n ta ri o . By 1965 th e c o n c e n tr a ti o n of t h is 

sp e c ie s in th e la k e was as r e a t as 10 in d iv id u a ls p er sq uare f o o t. The 

pre se n ce of t h i s sp e c ie s had an adv ers e e f f e c t on o th e r m ollusc an sp e c ie s 

in th e la k e , a p p a re n tl y cau sin g th e e x tir p a tio n o f fo u r n a ti v e sp e c ie s 

of clam s and two sp e c ie s of s n a il by o f fe rin g c o m p eti ti o n fo r sp ac e and 

o th e r re so u rc e s (La Roc qu e, 19 65 ).

By n a tu r a l ra nge ex p an sio n , two sp e c ie s o f h o le -n e s ti n g Nor th 

Am eri can ducks, th e b la c k -b e llie d tr e e du ck (D en drocyg na au tu m n ali s) and 

th e wood du ck (A ix sp onsa ) have r e c e n tly me t in so u th ern Tex as , whe re 

th e re i s some co m p e ti ti o n fo r n e s tin g s i t e s (B ole n, 19 71). A th ir d 

c a v it y n e s ti n g duck , th e e x o ti c muscovy (C a ir in a m osc hat a) occu rs in a 

f e r a l s ta te in p a r t of th e ra nge of th e tr e e duck, and dom in at es th e 

l a t t e r in th e use of s u ita b le n e s tin g c a v i t ie s . Bo len (19 71) s t a te s :

" I t see ms c le a r th a t c o n ta c t w it h Mus covy Duc ks i s n o t to th e advan ta ge 

of th e B la c k -b e ll ie d Tre e Ducks n e s tin g in so u th e rn T exas. "
165

Th ere a re some in s ta n c e s of d e c lin e s in p o p u la ti o n s of n a ti v e 

sp e c ie s a f te r th e in tr o d u c tio n of e x o ti c s th a t seem to be a r e s u l t of 

c o m p eti ti o n alt hough th e d a ta a re n o t c le a r . Gray s q u ir r e ls (S ciu ru s 

c a r o lin e n s is ) fro m Nor th Am eri ca ha ve a p p are n tl y be en th e cau se of th e 

g ra d u al d is ap p eara n ce of n a ti v e re d s q u ir r e ls ( S ciu ru s v u lg a r is ) in 

En glan d (de Vos e t a l . , 19 56; Lay co ck , 19 66 , both c it i n g wo rks o f S h o rt e n ), 

alt h o u g h i t i s not c e r ta in w het her c o m p eti ti o n fo r fo od or th e tr a n s ­

m itta l of d is e a s e i s re s p o n s ib le , de Vos e t a l . (1 95 6: 16 9) no te th a t 

th e Eu rope an hare ha s be en in tr o d u c ed in to Sweden whe re " i t i s g ra d u a ll y

* re p la c in g th e A lp in e Ha re (L epus ti m id u s) , p o s s ib ly bec ause of a h ig h er 

re p ro d u c ti v e p o te n tia l."

The e f f e c ts of c o m p e ti ti o n ca n a ls o exte nd to man. La rg e- mou th Ba ss 

(M ic ro p te ru s sa lm oid es) and B la ck C ra ppie s (Pomoxis n ig ro m a cu la tu s) we re

* in tr o d u ced in to A titla n Lak e, Gua te m al a. The b ass fe d on th e sm all 

n a ti v e f is h e s , wh ich fo r c e n tu r ie s had pro vid ed both p ro te in and a 

so urc e of cash income fo r lo c a l In d ia n s . Now th e n a ti v e f i s h p o p u la ti o n s 

a re decim ate d, and gone a re th e c r i t i c a l p ro te in and th e incom e so u rc e.

The few la rg e bass a re n o t a c c e s s ib le fo r c a p tu re (Z ara t and P a in e, 19 73 ).

P re d a ti o n . —The A fr ic an Claw ed Fro g, Xenopus l a e v i s , ha s become 

e s ta b lis h e d in so u th ern C a li fo rn ia (S t. Amant e t a l . , 1973). Fo rm er ly 

us ed as a pre gn an cy t e s t f o r hu mans, th e fro g was d is p la c e d fro m i t s 

r o le by more s o p h is tic a te d m et ho ds . Pre su m ab ly , ex cess su p p li e s we re 

re le a s e d in to th e w il d or so ld th ro ugh p e t s to r e s . "S udden ly , th ousa nds 

of th ese c re a tu re s ha ve be en d is c o v ere d in San Diego C ou n ty 's Sw ee tw ater 

R eserv o ir and in d ra in ag e d itc h e s in neig h b o ri n g Or ange Co unty" (R ev zi n, 

1973). ’ Th ese e x o ti c f r o g s , which grow to a le n g th of 10 in c h e s, a re 

rep u te d to ha ve a v o ra cio u s a p p e tite and " w il l e a t j u s t about an y th in g : 

c r a y f is h , a q u a ti c in s e c ts and la r v a e , sm all f i s h , and o th e r a m p h ib ia n s .. ." 

(M ahrdt and K n e fle r, 19 73). They ha ve a ls o be en re p o rte d as e a ti n g 

young b ird s and mice th a t f a l l in to th e w a te r, and fre s h -w a te r s n a ils 

(W age r, 1965). The A fr ic an Claw ed Fr og was f i r s t foun d in th e w il d in 

San Diego Co un ty, C a lif o r n ia , in th e summer of 19 71 . I t is p o ss ib le 

th a t i t is re sp o n sib le fo r th e d e c li n e of a lo c a l p o p u la ti o n of tr e e 

fro g s (H yl a) , alt hough t h i s has n o t be en f u lly e s ta b lis h e d (M ahrdt and 

K n e fle r, 19 73). The fe a r i s th a t th ey may re ach th e Col or ad o R iv er 

wat er w ay , wh ere th ey m ig ht do much more damage (R ev zi n, 1973). The 

sp e c ie s ca n t o le r a te a hig h degre e of s a l in i t y and w ate r te m p era tu re s 

of 45 to 90 d egre es F. (M ahrdt and K n e fle r, 197 3) . I t i s obvio us th a t 

t h is fr o g i s a th r e a t n o t o nly to th e org an is m s on whi ch i t fe e d s in

* i t s new h a b ita t, but a ls o to n a ti v e org an is m s th a t u t i l i z e th e same food 

re s o u rc e s , p a r tic u la r ly o th e r am phib ia ns. Thus i t i s b o th co m p eti to r 

and p re d a to r.

A p re d ato ry game f i s h , C ic h la o c e l l a r i s , n a ti v e to th e Amazon b a sin , 

has become e s ta b lis h e d in la k e s and r iv e r s of Pan ama. Acc or di ng to an 

a r t i c l e in Scie nce News (V ol . 10 3, No. 14 , A p ri l 7, 1973), "th e pe ac oc k 

b ass i s su ch an e f f i c ie n t p re d a to r th a t some sp e c ie s o f sm all er f is h are 

endan gere d, al ong w it h th e anim als th a t depend on them . As th e p o p u la ti o n 

of a f is h c a lle d M e la n ir is has d ecre ased by h a lf , th e g re a t ta rp o n th a t

7
166

come from the sea to feed o n them have also decreased. Young black terns,

. ich perch 01 stumps and channel buoys to feed on the Mel ani ris leaping 

from the water to escape the tarpon, are no longer common wher e Cichla 

stalk their prey." Another threat is the redu ctio n of mosquito- fish , 

Gam bus ia, whi ch has led to an increas e in the number of mosq uitoes and 

a consequent upsurge in malaria. Further detai ls on this situati on in 

Gatu n Lake, Panama, are given by Z arat and Paine (1973), who further 

state that ". ..Cichla has eff ectively elim inated six of the eight p reviously c ommo n fish species and dra stically reduced a seventh."

A classic example of the effects an introduced predato r can have is 

found in the mo ngoose, Herp este s au ro punctatus, an As ian carnivor e often 

introduced in the past to assist in the control of rats or snakes. In 

the Ca ribbean islands, "it has pro bab ly been instrumental in the complete 

or near ly complete ext irp ation of several species of mammals and birds"

(de Vos et al., 1956:182). In Ja mai ca the mon goose quickly brough t the 

rat p opulat ion und er control and then turned its atte ntio n to native 

mammals and bird s that feed or nest on or near the ground, as well as 

snakes, lizards, toads, other amp hibians and land crabs (de Vos et al., 

1956). In Hawaii, the mongoo se (introduced from Jamaica in 1883) has 

been an important predato r on the native duck and goose, on introduc ed 

game birds, and pro bably others (Berger, 1972:9-10). Tomich (1969) cites 

man y referen ces on the effec ts of the mong oose in both Hawaii and the 

Cari bbean region, and Kramer (1971) discusses its effects in Hawaii.

Similar examples of introduc ed pred ators can be found in ma ny parts 

of the world. In Australi a, ferrets, stoats, and weasels were introduced to pr ey on rabbits, whi ch w ere them selv es introduced, but proved 

to be extr emely dest ructive to na tive bird s and smaller mammals (de Vos 

et al., 1956).

The green monkey (Cercopl thec us aet hiops) from West Africa was 

intro duce d onto St. Kitt s Island in the Caribbean. According to de Vos 

et al. (1956:184), "These monke ys pre y on the eggs and young of birds, 

and are believe d to have extermin ated the St. Kitts Bull finc h (Loxlgilla 

port oric ensis grand is) ."

The Ale utian Can ada goose (Branta candensis leu copareia) was 

formerly abun dant on Amchitk a Island in the Aleutians, as we ll as on 

severa l other islands in that chain. It was ne arly exte rminated when 

Arctic foxes (Alopex lagopus) wer e intr oduc ed to all the oc cupied islands 

except Buldir. Efforts are now bei ng made to restock other islands wit h 

birds from the Buldir popu lati on (Bureau of Sport Fish erie s and Wildlife, 

1973:109).

The imp ortation of oyster seed into British Colum bia from Japa n has 

apparen tly bee n responsibl e also for the introdu ctio n of several predators 

that now at tack native as wel l as the p lanted oyster stock. Amo ng these 

are a Ja pane se oyster drill (Ocen ebra jap oni ca) , a flatworm

(Pseu dostylochus ostre oph agu s) , and a p arasiti c copepod (Myt ilicola 

ori entalis). Other organ isms pre sumably impor ted with Japanese oyster

8
167

seed include an anemone (Hal iplanella luc iae) , and the tripunct ate 

gribbl e (Limporia trip unctata) , the latte r a crus tacean that damages 

wooden struc ture s (Carl and Guiguet, 1972).

In Hawaii, the Gi ant Afr ica n Snail (Ach atina fulica) was intr oduced 

in 1936. It soon became a pest, and efforts to eradi cate it were unsuccessful. By 1964, 23 specie s of pre datory snail wer e introduced to 

attempt bio logical control. Not only did the intr oduced p red ators fail

* to co ntro l A ch at in a, but one of them, Euglandina ro sa , has become a 

seriou s threat to the c onti nued e xis tence of several endemic native 

snails and m ay prove to be mor e diff icult to control than the A chatina 

(van der Schalie, 1969).

* The hazards of the intr oduc tion of exotics are not restricted to 

specie s that are know n carn ivores or predators in the normal sense.

Any o rga nism that feeds on other animal life is a predator, even if that 

other life is insects, snails, or plankton. Our general lack of concern 

for preda tio n on these organisms is mer ely a re flec tion of our lack of 

knowled ge on the ecol ogical role they play and the seeming abundance of 

orga nism s of small size, usually not iden tifi ed beyond the class or 

ordinal level.

Habitat Altera ti on .— One of the most destruct ive wildl ife species 

know n when intro duce d to a new e nvironment is the Europea n rabbit 

(Oryctolagus cunicu lus ) . de Vos et al. (1956) cite several examp les of 

the dest ruction to the h abitat caus ed by these rabbits, in Madei ra, 

Aust ralia, South America, and elsewhere. Layc ock (1966) has disc usse d 

several examples of the d estruction of native flora, and the depe nden t 

fauna, by introduc ed domestic rabbits, incl udin g the foll owin g (p.171): 

"In 1903 rabbits were taken to La ysa n Island in the nor thern part of the 

Hawaiian group. Even tually their desc enda nts ravaged the v egetat ion on 

the island, reducin g the kn own list of twen ty-s ix species of plants to 

four and causing the disa ppea rance of several bird s that had formerly 

occupied the island. It caused the near exti nction of the L aysan duck 

and the L ays an finch-bill. Laysan was turned into a de sert." Among the 

birds that became extinc t as a resul t of this intr oduction w ere the 

Laysan mil lerbird (Acrocep halu s fami llar is fam iliaris) , the Lays an rail 

(Porzanula p al me ri ), and the Lays an hone ycreeper (Himatione sang uine a 

freethii) (Berger, 1972).

* Fer al population s of animals nor mally kept under domest ica tio n also 

often b ecome destructiv e to the habitat, resulting in the loss or 

reducti on of na tive species. Fera l cattle, pigs, and goats have played 

an impor tant part in the des truction of the n ativ e v ege tat ion of Hawaii 

(Berger, 1972). "The dest ruction b y intr oduc ed ma mmals was disastro us

* for nati ve bird s p rim arily beca use their habitat was dest royed. Also, 

of course, pigs ma y destroy the n ests of ground-nes ting b irds" (Berger, 

1972:9). de Vos et al. (1956:186-7) give several further exam ples of 

damage cause d by introduced fera l mam mals .

9
168

Lachner et al. (1970:7) discus s the potential environm enta l effects 

of the grass carp or w hit e amur, Cten opharyngodon ide lla , in Al abama and 

Florida. Noti ng the reprodu ctiv e pote ntia l of this species and the lack 

of interest in it and othe r carplike cypr inid s as food fish, they state: 

"In the absence of any actual harves t these speci es increase rapidly and 

frequently d estroy the habita t of other species m ore suited to our 

presen t econo my."

Disease and Pa ra si te s.— Wild life species nat ive to one part of the 

world m ay carry d iseases or parasi tes to whi ch they and neig hboring 

species are natu rally immune or re sistant but to which species in other 

areas have no natural immunity or resist ance. Int roduction of these 

exotic diseases or parasites to a non-r esident fauna can h ave disastrou s 

effects. The U.S. Depa rtme nt of Agriculture has placed extensive 

quaranti ne rest rictions on imported Galliform, Anseriform, and 

Columbifor m birds, and rumi nant s and swine, to pr event the introdu ctio n 

of disea ses to do mesticated animals. No simila r regulation s are in 

force specifi call y to pre vent the introdu ctio n by exotic species of 

diseases that might affect nativ e wil dlife.

de Vos et al. (1956:172) note the p oss ibi lity that w est ern r abbits 

introduced tular emia to the islands of M ar th a’s Vine yar d and Nant ucke t 

in Massachusetts . Thes e authors (p. 187) cite several other examples 

of the introdu ctio n of dise ase or parasites wit h exotic mammals, and 

commen t on the p otential dama ge to nat ive species.

A numbe r of insects, ticks, and mite s that are natural obligate 

ecto para site s of birds are know n to be vec tor s of w ild life disease 

(Herman, 1955). Endo para sites includ e protoz oa, flatworms, roundworms, 

and tapeworms. Bacteria, fungi, and v iru ses are also found on and in 

birds. Inf ormation on the general topic of parasites and diseases in 

wild birds has been summa rize d by He rman (1955). The transpor tati on of 

birds from one part of the w orld to an othe r is c ert ain to involve transport atio n of their parasites and disease s as well.

Borg and Roc kbo rn (1972) reported that v irus hepatitis, possibl y 

caused b y a herpes virus, was the cau se of deat h of eagle owls (Bubo 

bubo) in br eedi ng stations and zoos in Sweden. This disease, not found 

in nat ive Swedis h eagle owls, had possibl y bee n impor ted into Sweden 

along w ith eagle owls broug ht from England. Thes e authors recommen ded 

agains t further importatio n of that species into Sweden.

Warner (1968) has pres ented conv inci ng evidence that the spread of 

avian mala ria wa s a factor in the de cline and extinction of a large 

portion of the nati ve avifaun a of Hawaii. Hawaii an birds, having 

evolved in isolation, are not natu rally immun e to av ian malaria.

Alt hough the pot ential for avian mala ria p robably existed for thousands 

of years, by vir tue of the fact that the b lood para site s causing the 

disease wer e present in migr ant birds, vectors of the disease, 

mosq uitoe s, were abse nt from the islands. However, nigh t-flying

10
169

mosquitoes, Culex pipi ens, now known to be a principal vector of avian 

malaria, were accidentally introduced to the island of Maui in 1826.

Birds of the native Hawaiian family Drepanididae are not now found 

below the altitudinal range of the mosquito; avian malaria is widespread 

in the range of the mosquito. These facts strongly suggest that avian 

malaria, spread by an introduced vector, was a factor in the decline of 

the native birds. The spread of the virus causing birdpox or bumblefoot 

by the introduced mosquitoes or by introduced hippoboscid flies has also 

been implicated in this decline (Warner, 1963).

Newcastle disease, a virus disease of birds, may cause extensive 

losses among domestic poultry, and isolation of the virus in imported 

birds caused the U.S. Department of Agriculture to place a ban on the 

importation of birds in 1972. Herman (1955:459) states: "A number of 

species of wild birds have been found susceptible to infection with 

Newcastle virus and natural infections also have occurred. The effect 

of this disease on wild bird populations is not known but, presumably, 

it could be drastic."

Hybridization.— Geographic barriers to reproduction have permitted 

the development, in Closely related forms, of characteristics which 

adapt the separate populations to their own peculiar environments or 

habitats. When brought into contact artificially, by the introduction 

of one form into the range of another, the transfer of genetically based 

characteristics by hybridization may result in the diminishing of the 

fitness of the native species. Another effect may be the infusion into 

the resultant cross of characteristics that make the population detrimental to man or to other components of the fauna.

de Vos et al. (1956) give several examples of hybridization between 

introduced and native species, including the following: "Reindeer 

(Ranglfer tarandus), introduced into Alaska and Canada, have hybridized 

to some extent with the native Caribou (R. arcticus), with resultant 

genetic changes in each." In Australia, interbreeding of the Dingo 

(Canis familiaris dingo), probably Itself introduced by early Aborigines 

or Malayans, and domestic dogs "is increasingly common and has already 

eliminated ’pur e’ Dingos from the more settled areas." Wild boars (Sus 

scrofa) and mouflon sheep (Ovis musimon) introduced into the United 

States have interbred with domestic pigs and sheep, respectively.

Another example given by de Vos et al. (1956:171) follows: "Central 

Maral Deer (Cervus elaphas asiaticus) from Asia and American elk (Cervus 

canadensis) were introduced into European Russia in the days of the Czars. 

Hybridization between the two species resulted in the development of 

animals with antlers having less spread, fewer points, and poorly 

developed burrs (Lindemann, 1956)'.' These authors further note (p. 171): 

"The transplantation of German Red Deer (Cervus elaphus) into Norway 

has apparently resulted in the virtual extermination of the species 

there, probably because the German strain was less hardy."

11
170

The mallard duck, Anas platyrhyn cho s, has been introduced into the 

range of the A ustr alas ian wild duck, Anas sup erc illosa. Gray (1958:33) 

reported that In New Zealand the ma llar d readil y inte rbreeds with 

supe rcillosa in the wild. The natural hybrids are generall y larger and 

more vigor ous than either parent and are said to endanger the existence 

of the na tive species." Lew in (1971) has noted that the introduct ion 

of the ma llard into Hawaii poses a ge netic threat to the c losely related 

nativ e Koloa or Hawaiian Duck, Anas w yv illiana.

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171

EFFECTS ON HUMA NS AND HU MAN INTERESTS

Ther e are several inter -rel ated ways that the importation, introduction, or esta blish ment of exotic animals can have detrimenta l effects 

on humans and their diverse interests. These may be summariz ed as 

follows:

1. Exotic w ildlife species may b ecom e important d epredators of 

agr icultural or ho rtic ultu ral crops or m ay introd uce dise ases into 

dome stic ated animals.

2. Exotic wildlif e species may transmit diseases or para site s that 

are harmful to hu mans and m ay presen t other health hazard s to man and to 

man’s pets.

3. Exotic w ildlife species may become pests or nu isances to human 

interests, affec ting vario us economi c or aest heti c concerns.

As wit h the effect s on native wil dlife, the severity of the effects 

on human s incre ases along the scale of importation, introduction, and 

establishment. The v ery impor tant heal th hazards, however, are not 

conting ent on the e stablis hmen t of a po pulation of these species. Even 

securely ca ged animal s can transmit disea se organisms. Man y of the 

speci es that have an advers e effect on human interests arrive as 

fortuitous importations (see page 5).

Agricul tura l int erests.— Man y wildlife species througho ut the 

world are note d for the d ama ge they do to agricu ltural crops in their 

native lands. Most, or all, of these species can be expected to do 

similar dama ge if introduced into another region. The importat ion of 

several specie s of wildli fe into the Un ited States is p res ently pro ­

hibited because of the pote ntial dama ge to agricul tural interests.

Among exotic birds alr ead y establis hed in the U nit ed States, the 

starl ing and house sparrow are well k nown to be in confl ict with 

agri cult ural interests. Lay coc k (1966) summarizes some info rmation on 

the losses caused b y t hese species. He repor ts (Laycock, 1966:87) that 

livesto ck speci alists place blackbi rd damage in weste rn feedlots in the 

millions of dollar s each year, wit h starl ings being the chief offenders. 

"The starli ngs eat corn, grain sorghums, rice, truck crops, and 

fruits.. .." In Ore gon the drop pings of roosting starl ings c ontamin ate 

holly leaves, with damag e some time s reaching $1500 per acre.

The red-w hisk ered bulbul, Pycn onot us jo cosus, establi shed in Florida, 

has not yet become a serious crop pest (Carlton, 1971) although fears of 

this have been expressed (Fisk, 1966) because of the fruit eating habits 

of the specie s in its native India and in Australia (Chaffer, 1933).

In N ew Zealand, Dawson and Bull (1969) conducted a questionnaire survey 

of bird dama ge to fruit. Replies indicated that the "most troublesome

13
bird species in their crops w ere bl ackbird (Turd us me ru la ), song thrush 

(Turdus ericeto rum ), myn a (Acrido theres tristis), starling (Sturnus 

vul garis) , whi te-eye (Zosterops lat eralis) , and house sparrow (Passer 

dom esticus) ; and that the mo st serious damage was to strawberries, grapes, 

cherries, pears, and appl es." Four othe r bird species were mentioned.

All birds men tioned are exotic to Ne w Zealand, excep t that the whit e-eye 

may be a na tura l colonist.

Among mammals, rats (Rattus rat tus) and mice (Mus muscul us) are 

noto riou s for the agr icultural damag e done. Lay coc k (1966) discusse s 

several aspects of these specie s in sever al parts of the world. Not only 

is the damage do ne by these species of trem endo us economic importance, 

but the e ffor ts to c ontr ol them have been e xtr emely costly. Some efforts 

to contro l rats have led to further importatio n of exotics (de Vos et al., 

1956) part icularly the mongoos e. European rabbi ts (Oryctola gus cunlculus) 

are serious agri cult ural pests in many places, in part by compe ting wi th 

sheep and cattle for grazing land (de Vos et al. 1956). Further, the 

burrows of these rabbits can make the land unsuit abl e for grazing use.

The Japanes e o yster dril l (Ocenebra jap oni ca) , the eastern oyster 

drill (Urosal pin x cin erea), and an oys ter-eating flatworm (Pseu dost ylochus 

ost reo phagus) have all been intro duce d into the w ate rs of British Columbi a 

and all have been res ponsible for some damage to the local shell -fis hing 

industry (Carl and Guiguet, 1972).

The introdu ctio n of diseases to agric ulturally importan t domestic 

anlmAls can have severe economic effects. Hoof -and m outh di sease has 

twice been intro duce d wit h domestic stock to Nor th America, but was 

extingui shed in the Un ited States and Canada (de Vos et al., 1956:187).

The U.S. Depa rtment of Agri culture rigo rously enforces strict regulati ons 

regarding the importatio n of ruminants and swine, and bird s of the orders 

Gall iformes, Columbiformes , and Anser iformes, including extensive 

quar antine periods, to preve nt the i ntroduc tion of disease to livestock 

and poultry. However, other specie s of wi ldl ife can also carry d iseases 

that will affec t dome stic ated animals. In 1972, viral Newcast le disease 

was found in fl ocks of chickens in California. It was dete rmined that 

parrots and myna b irds (families P sittaci dae and Sturnidae) imported at 

that time we re carryin g the disease, and later it was found in other 

exotic specie s in zoos. Acc ording to a newspa per articl e (Anon., 1972) 

publ ishe d in April, 1972, 1,366,0 00 hens in 84 flocks had been destroyed 

to preven t the spread of the disease. As a resul t of this, the 

Departm ent of Agricultur e placed a near complet e ban on the importat ion 

of bird s into the country in Aug ust of 1972 (Ryan, 1972).

Agri culturally impor tant paras ites can be imported independ entl y of 

the animals n ormally cons idered to be the final host. Laycock (1966:129) 

men tions the following: "Snails have long been known as hosts of flukes 

that aause million s of dollars in annual damages to the live stoc k 

industry. One of these, Fasc ioloides ma gn a, the large Ame rican fluke,
173

was first disc overed in 1875, stra ngely enou gh n ot in North Amer ica but 

in Italy. Some years earlier Ame ric an elk w ere transplan ted to Italy 

and these animals are beli eved to ha ve carried the flukes across the 

Atla ntic to give the m their start in Europe."

Carl and Guiguet (1972:78) report that "Seve ral species of Europea n 

slugs have b eco me establishe d in Br iti sh Columbia, and some of them have 

proved to be serious pest s in gardens, fields, and greenho uses ."

Human Health H az ar d.— Many species of wildlife carry d is ea se s, or 

serve as alterna te or intermed iate hosts for parasites, that affect man. 

At times they m ay be more diff icul t to control in a new e nvironment than 

in their own native surroun dings.

The intro duce d Gia nt Afri can Snail, Ac ha ti na , is used as food by 

some peopl e in Hawaii. If the snails are uncooke d they may trans mit the 

para siti c rat lung worm, Ang ios trongylus ca nt onensis, whi ch causes a 

serious disease k now n as eosi noph ilic meningoenceph alit is. In b oth rats 

and humans, this parasit e travels through the b rain to the lung. Details 

of the tran smission of this disease, in wh ich a n introduc ed slug, 

Derocer as la ev e, serves as an intermed iate host, are given by v an der 

Schalie (1969).

Held (1970) notes that: "Imp orte d prim ates bring w ith them a n umb er 

of agent s w hich can infect huma n beings. Ther e are several infectio us 

agents for whic h transmi ssio n from captiv e non hum an primate s to humans 

has been d ocume nted. These includ e Herp esvirus simiae (Herpes B), (2) 

Yaba virus, (3,4) the vi rus of infec tiou s hepatiti s, (5,6,7) and 

Mar burg virus, (8,9). In addition, the pos sibility exists for the 

transfer of a va riety of other agen ts pot ent ially pathoge nic for man. 

These include M yco bac ter ium t uberculosis, (9,10) Salmonel la and Shige lla 

species, (11) Pseu domo nas ps eudomallei, (12) various v iruses othe r than 

those pre viously mention ed, (13,14) and a wide var iety of para sites.

(15) Among the zoonoses are agents whic h can be tran smitted in nature 

from nonca ptiv e, non hum an primates to huma n beings, such as y ellow fever

(16) and malaria. (17)."

Held (1970) discuss es several of these diseases and their inci denc e 

amon g h andlers of primates. Speaking of Herpesviru s si mi ae , he states: 

"Of 18 cases rec ently reviewed, 16 we re fatal and only one of the two

* surviv ors was a ble to retu rn to a semb lanc e of no rmal life. (27)." 

Fatalit ies wer e also repor ted from Mar burg virus. Alt hough cases 

ment ioned wer e amon g profess iona l handlers of primates, Held notes that 

appr oximately half of the primates imported are for the pet trade. 

(Par enthetical nu mbers in above quot atio ns desi gnat e references cited

* by Held.) Case y et al. (1972) pro vide a b ibliography of 53 titles on 

viral disease s in non-h uma n primates, man y of whic h are tran smissible 

to man. de Vos et al. (1956) cite oth er instances of imported wildlife 

affe ctin g huma n h ealth inclu ding the fact that the mo ngoose serves as 

a reser voir for rabies in Jamaica.

43-977 0 - 75 - 12

15
Birds also carr y and can transmit diseases that can affect humans. 

Among these are ornithosi s, cryptoc occa l meni ngiti s, and histopl asmo sis 

(Preble, 1973; Laybock, 1966:209-211). Man y species of birds carry the 

viral agents responsibl e for various types of ence phalitis (Laycock, 1966; 

Johnson, 1960).

The mon k p arake et, Myi opsitta m on ac hu s, recently establis hed in part 

of the n ort hea stern Un ite d States and reported to be present in 40 states, 

is host to a num ber of arthropod parasites that live in the b ulky parakeet 

stick nests. Among these ar e soft ticks of the genus A rg as , frequent ly 

vectors of arboviruse s tran smissible to man, and bugs of the genus 

Triato ma , natural v ecto rs of the vi rus agent of Ch ag as ’ Disease (Radovsky, 

pers. comm., Ma y 10, 1973). In Ar gentina, the mo nk par akee t occurs in 

some of the a reas of highest endemicity of this disease. Acc ording to 

Dr. Radovs ky, the know n reservoir hosts of Schizotryp anus cruzi

(=Trypanosom a cruz i) , the vecto r of Ch ag as ' Di se as e, do not include bi rd s, 

but M. mona chus nest s in this coun try could easi ly come to be used by 

rodents such as wo odrats (Neoto ma) that are reservoirs of J5. cruz i and 

the bi rd could b e indirec tly involved in supp orti ng the d isease cycle. 

Carcaval lo and Ple nco vic h (1973) studied Ch ag as ’ Disease in Buenos Aires, 

Argentina, whe re the hum an infec tion rate ranges from 3.4 to 10.2 percent, 

and recommende d that action to contro l the disease be directed at focal 

treat ment of the vectors.

Turtles have been know n to carry and transmit Salm onella poisoning. 

Several cases of this disease in hum ans have been traced to baby turtles 

readily av ailable in pet stores, and the trade in turtles has been 

regu late d by Federal law and prohi bite d in some comm unit ies as a result. 

John L. Behl en of the N ew York Zool ogical Society (in Anon., 1972b) notes 

recent studie s showing "that there m ay be as many as 40,000 annual eases 

of turtle a ssoc iated Salmonel la pois oning in the Un ited States." He 

further comments that "state health d epartment reports have clearly 

docu ment ed that 20% a nd perhaps m ore of recent salmo nell osis cases are 

turtle a ssoc iate d."

McC oy and Seidler (1973) performed bact erial analy ses on fecal swabs 

and aqua rium wat er of 27 individu ally pu rchased specimens of the small 

green pet turtle, Pseu demy s sc ripta. Rep res entatives of seven bacter ia 

were isolated, of which several have pu blic health significance. These 

authors questio n whe ther Salmonella -fre e cert ification alone is 

sufficient to render bab y turtle s safe as pets.

Snails of va rio us specie s verv e as interme diat e hosts for a number 

of para site s that cause debilit atin g disease s in humans. Several of 

these, incl udin g liver and lung flukes and schistosomiasis, are dis ­

cussed in de tail by L ayc ock (1966).
175

Almost any animal can inflict a painf ul bite, and larg e animals can 

kill or maim a man. Some bird s can inflic t severe injur ies by stabbing 

or cutting wit h their bills. It is we ll kn own that a numbe r of snakes 

are venomo us, and perhaps less w ell kno wn that some fish, amphibians, 

lizards, and ma mmals are veno mous to some degree. Even a bi te from a 

non- veno mous species carries a hi gh ris k of seco ndar y infection. Some 

species of amph ibians secrete a subs tance that is p oisonou s to dogs and 

cats, and pos sibly to humans.

Exotic pets bit at least 163 persons in Ne w Yo rk City in 1972, 

according to Joseph R. Cimino, Hea lth Com missioner of that city (UPI 

press release, carried in the E ven ing Star and Daily News, Washington, 

D.C., Mar ch 10, 1973). The actu al number ma y have been several times 

as great, Cimino said, because p eop le are relu ctan t to re port such bites.

An anonymo us report anal yzing 162 b ites from exotic animals in New 

Yor k indi cate s that this was a dramatic increase over 1971, whe n only 92 

bites were reported, and over the average of 120 bites for the years 

1967-1971. For ty perce nt of the bites were to c hil dren under 20 years 

of age. More than 60 percen t of the bite s w ere on the hand or finger, 

and m ost of the rest were o n the arm or leg. Informatio n on owne rshi p 

of 143 of the animal s that infl icte d bites reveale d that 98 were 

priv ately owned, 17 wer e in pet shops, and 16 we re strays. Seventy-f our 

percen t of the bites were committed by n on-hum an primates. Animals 

other than primat es infl icti ng bites from 1967 to 1972 included raccoon, 

ocelot, kinkaj ou, mar gay cat, skunk, snake, fox, coatimundi, parrot, 

raven, weasel, lion, leopard, lizard, alligator, falcon, and turtle.

Citi ng the wo rk of others, Par rish and Kha n (1966) esti mate d that 

about eight p erso ns in the U.S. ann ually are bitten by exotic venomou s 

snakes, and reporte d three fata lities from this source in the decade 

1950-1959. Five of seven case his tories reviewe d by these authors 

involved snake handlers, zoo worke rs, or pet shop workers.

In the years 1970 and 1971, mor e than 6800 ven omous reptile s w ere 

imported into the United States. Alt hough there are no figures 

avai lable on the number of ve nomous snakes Imported or sold as pets 

earlier than 1970, the number was pro bably mu ch lower. Pro bably an 

incre ase in the impo rtat ion of veno mous species has par alleled the 

general increase in i mpor tati on of exotic animals. Thus it is re asonable to asstime that the r isk of rece ivin g a bite from an exotic 

ven omous snake is greater now than in the years d iscussed by Parrish 

and Kha n (1966). Betwe en January, 1967, and August, 1971, the N ew Yor k 

Zool ogic al Park received emergency request s for snakebite ant ivenin on 

seven occasions.

A Washin gton , D.C., new spaper carried two separ ate reports, on 

Mar ch 25, 1973, and M arc h 27, 1973, of lions that had escaped from 

captivity. A Washington, D.C., man was repo rtedly knocke d to the ground 

and bitt en by a 2 20-po und lion that was kept in a stockroom of a service 

station. In Berlin Center, Ohio, a 600-pound lion escaped from a cage in 

a ba rn and killed three dogs before it was recaptured.

17
Another item in the Wa shington Star, June 29, 1972, reported that 

venomous fish w ere at that time be ing sold in local pet shops. The 

National Aqua rium receive d 10 calls abou t peop le who had bee n stung, and 

one vict im r eporte dly had to have a thumb amputated. Appare ntl y neither 

salesmen nor cust omers were aw are of the p otential danger of the fish. 

Roch e and St. Aman t (1973) discuss the dangers of the sting of an Indian 

catfish, Het eropneustes fos silis, illegally (by state law) imported into 

Cali fornia for the tropical fish trade. An addi tion al potential danger 

from fish is electri c shock that some species are able to deliver.

The giant, or marine, toad (Bufo m ar in us ) has been e stablished in 

southern Florida sinc e sometime prio r to 1955; the introdu ctio n p robably 

resulted from the a ccid ental release of speci mens b y an importer (King 

and Krakauer, 1966). The toads have a pair of large triangul ar poison 

glands b ehind the head. Acco rding to Kr akauer (1970), "Any animal that 

bites a 13. mari nus will feel the effects of the p oisonou s skin secretions, 

a dangerous incre ase in heart rate. The poi son is so powerf ul that it 

may kill dogs and cats that a ttac k the toads. Usu all y the dose is not 

fatal, and the pet will recover, as will the toads." Elsewhe re Krakaue r 

(1968) note s that "Pre dati on on 13 . mar inus by undomesticated animals has 

not been o bser ved in south Florida. Cats and dogs quickly lear n the 

noxious nature of this toad and gen erally do not a ttack m ore tha n once."

Economic and Aesthetic Effects of Pest Sp ec ie s.— Even without committing serious biol ogical or ecol ogical damage, exotic species of w il dlife can become pest specie s and ca n cause e xtensive economic problems.

The problems of pige ons r oost ing on statue s and starlings flocking in 

cities are fami liar to every urba n reside nt. Periodi c clean-up campa igns 

to rem ove unsigh tly bi rd drop ping s are expe nsive items in man y city 

budgets, and carry w ith them the threat of dis ease in workers assi gned 

the task (Laycock, 1966:158-160). Expe nsive efforts to dispe rse roosting 

starlings and pigeons on days preceding special events, such as inaugural 

parades, are familiar to residents of Washingto n, D.C.

On Ma rch 14, 1972, a national emer gency was declared b y the Secretar y 

of Ag riculture b ecause of the spreadi ng outbreak of exotic Newcastle 

Disease in souther n California. Bet wee n that time and June 23, 1973,

11.5 m ill ion c hickens in that a rea were destroyed because of infecti on 

wit h or exposur e to the disease. These bird s w ere a ppra ised at $21.5 

million. An additio nal $2.6 mil lio n w as obli gated for suppleme ntal 

inde mnit y for layers as egg p roducer s (Anon., 1973b). A task force of 

up to 1200 workers had been as sembled to combat the outbreak. Add itional 

outb reak s w ere recorde d in Texas and Puerto Rico in this period.

The Chinese c lam Corblcula m anilen sis h as spread across most of the 

United States since its first dete ction in Or egon in 1938 (Anon., 1973a) 

where it was inte ntionally brou ght into the Uni ted States for h uman 

consumption. It has spread through the mi dwe ste rn and Gulf states 

(Sinclair, 1971) and has been found in six r iver systems on the eastern
seaboard in the last 3-5 y ears (Sickel, 1973; Fuller and Powell, 1973). 

Extensive losses occur in fire-mains, irrigation systems, condensors, 

water treatment systems, and wat er cooling system s through the clogging 

effect of ma sses of clam shells (Sinclair, 1971), In 1952, populat ions 

of this clam wer e found in the Del ta-Mendota Canal in California. By 

1969, clam s lined parts of the cana l in layers as m uch as three feet 

thick, wit h as ma ny as 5000 c lams p er cubic foot. "It took a mont h and 

a half of shoving wit h bull dozers to clear out the 50,000 cubic yard s of 

clams that had infested the canal bottom'.' (Anon., 1973a).

Another damagin g effect relates to the use of dredged sand and gravel 

for concrete. Live claims in these materials ult imately die and leave 

holes, making the concr ete ess ent ially wort hless (Sinclair, 1971).

The mere presenc e of exotic species is an affront to some ind ividuals who believe that n ative biolog ica l communi ties should remain as 

natural as possible. The pre sence of exotics may be c onsidered a form 

of biol ogical p ollutio n (Courtenay and Ogilvie, 1971). Bird watchers, 

for example, ofte n p ay little a tte nti on to exotics. Despite the fact 

that the English or house sparrow, Passer d om esticus, was wel l esta blished 

in the United States early in the 19 00 ’s, It was not unti l about 1925 

that p art icipants in Christ mas bird censuse s spons ored b y the N ational 

Aud ubon Society be gan to list the species, and only then in such terms 

as "also Hous e Sparrow abu ndan t" (Bronx County Bird Club, 1926) appen ded 

to lists of nati ve species. Starlings, however, wer e counted much 

earlier.

The U.S. Department of the Interior (1973) does not offer protect ion 

to e stab lish ed population s of exotic species (e.g., mut e swan, Cygnus 

ol or , and spotted-breafeted oriole, Icterus pecto ral ls) that belong to 

families included in various m igrat ory bi rd treaties for w hic h it is 

responsible.
178

EFFECTS OF THE TRADE IN WILDLIFE ON NATURAL POPULATIONS OF EXOTICS

Th e re m o v al o f la r g e nu m be rs o f i n d iv id u a ls o f an y w i l d l i f e s p e c ie s 

i s bo un d to have some e f f e c t on th e n a t u r a l p o p u la tio n o f t h a t s p e c ie s , 

a lt h o u g h th e e f f e c t may b e , o r a p p e a r to b e , n e g l i g i b l e . Ryan (1 972) 

comments t h a t r a r e l y i s th e r e a s i g n i f i c a n t d e p le tio n o f b ir d p o p u la tio n s 

in v o lv e d , b e c a u s e th e more common s p e c ie s t h a t o c c u r in th e v i c i n i t y o f 

c i t i e s o f e x p o rt a r e m ost f re q u e n tly e x p o rte d . He n o te s , h ow ever, t h a t 

"T h ere a r e a fe w s p e c i e s . . . s o v a lu a b le t h a t i t i s c o m m e rc ia ll y w o rth w h il e 

to se e k o u t th e i n d iv id u a l b i r d . Su ch s p e c ie s c an be (a nd hav e b een ) 

p la c e d in je o p a rd y by th e e x o tic t r a d e . "

T h ere a r e som e i n d ic a tio n s t h a t Rya n’ s (1 972) a s se s sm e n t o f th e ha rm 

done to p o p u la tio n s o f common b ir d s may be o v e r ly o p t i m i s t i c , an d t h a t 

n o t o n ly th e r a r e r s p e c ie s a r e p la c e d in je o p a r d y . M a ssie (1 97 1b ) 

e x p re ss e d c o n c e rn ab o u t th e w il d p o p u la tio n s o f p a r r o t s in South A m er ic a 

a s fo llo w s : "T h ere i s a lr e a d y t a l k ab o u t th e f a c t t h a t th e s e b i r d s a re 

n o t so p l e n t i f u l a s b e f o re on th e s t r e e t s o f ju n g le v i l l a g e s an d c i t i e s . 

Th ey a r e bec om in g h a rd e r to f in d anc’ more e x p e n s iv e ." M cC lure an d 

C haiy ap hun (1 971) r e p o r t t h a t in 1967 an d 1968, 50 00 my nas (G ra c u la 

r e l i g i o s a ) w er e s o ld In Ba ng ko k Sun da y m a rk e ts an d 7 7 ,0 0 0 w er e e x p o r te d , 

an d e x p re s s hop e t h a t e n fo rc em en t o f new r e g u l a t i o n s "m ig ht r e s u l t in 

e a s in g th e p r e s s u r e a g a in s t th e H i l l Myna p o p u la tio n s w hic h hav e been 

r a p id ly d e p le te d d u rin g r e c e n t y e a r s ." R en tz (1 9 7 3 ), an e n to m o lo g is t 

who s t u d i e s in th e t r o p i c s , sa y s o f th e b i r d p o p u la tio n s t h e r e : " . . . 

v e ry few s p e c ie s a r e so ab u n d an t t h a t th e y can b e e x p lo ite d fr om an y 

on e r e g io n f o r any e x te n d e d p e rio d o f tim e . M os t t r o p i c a l s p e c ie s o f 

p e rc h in g b i r d s a r e n o t p r e s e n t i n l a r g e num b ers . You j u s t d o n ’t come 

a c r o s s la r g e f lo c k s o f ho ney c r e e p e r s o r to u c a n s in th e t r o p i c a l f o r e s t s . 

In th e t r o p i c s th e r e i s m ere ly a n ab undan ce o f d i f f e r e n t k in d s o f b i r d s . 

R epeate d c o l l e c t i o n i n a g iv e n a r e a so on le a d s to d e p l e t i o n ."

W rit in g o f th e t r a d e in mon ke ys fr om th e Amazon B a sin o f P e ru ,

S o in i (1 972) s t a t e s : "T he u n r e s t r i c t e d e x p l o i t a t i o n o f l o c a l monkey 

p o p u la tio n s t h r e a t e n s many s p e c ie s w ith s e r io u s d e p l e t i o n , an d p o s s ib le 

e x t i n c t i o n o f som e fo rm s ." Commerce i n mon ke ys i s an a d d i t i v e f a c t o r to 

o th e r a r t i f i c i a l m o r ta li t y i n t h a t r e g io n . The dema nd f o r mo nkey m ea t 

a s huma n fo od h a s a lr e a d y d e c re a s e d th e s to c k o f some s p e c ie s b e fo re 

commerce in l i v e a n im a ls beg an i n 19 50 ( S o in i, 1 9 7 2 ).

V er y fe w f i g u r e s on th e nu mber o f a n im a ls re m ov ed fr om w il d popul a t i o n s f o r co mmerce a r e a v a i l a b l e . F ig u re s r e l a t i n g to th e nu m be r o f 

in d iv id u a ls im p o rt e d i n t o th e U n it e d S t a t e s a r e a v a i l a b l e , b u t c e r t a i n l y 

th e s e r e p r e s e n t o n ly a f r a c t i o n o f th e w o rld -w id e tr a d e in w i l d l i f e .

Ev en t o t a l f i g u r e s on im p o rta tio n w ou ld be m is le a d in g b ecau se th e r e 

wou ld be no c o n s id e r a tio n o f m o r ta li t y betw een th e ti m e o f c a p tu r e an d 

th e ti m e o f im p o r ta tio n , o r o f th e l o s s o f o th e r in d iv id u a ls from th e 

p o p u la tio n a t th e ti m e o f c a p tu r e . B u rt o n (1 972) r e l a t e s comm erce w it h 

th e s c a r c i t y o f some t u r t l e s .

20
179

The tr a d e in liv e mammals o f te n , i f n o t u s u a lly , in v o lv e s young 

an im als . T a s li c k is (197 2) w rite s o f So ut h Am eri can p rim a te s: "T od ay, 

fro m tim e o f c ap tu re duri n g th e th re e-w eek t r a n s i t in L e tic ia and up to 

t h e ir f in a l d e s tin a tio n p o in t, our o v e r a ll m o rta lit y r a te i s under 8 2 ." 

S o in i (197 2) s t a te s th a t "The m o r ta lity r a te duri n g tra n s p o rt and mainte nance in te m pora ry ca ges and com pounds i s r e la ti v e ly h ig h among th e 

y o u n g .. ." and c it e s i n tr a s p e c if ic f ig h tin g , em oti onal s t r e s s , d e f ic ie n t 

d i e t , u n sa n it a ry q u a r te r s , and in ad eq u ate c a re as th e pri m ary f a c to r s .

In b ir d s , to o , m o rta lit y i s h ig h . McClu re (1 96 9: 60 ) e sti m a te s a 

m o rta lit y o f a t l e a s t 202 in th e h an d li n g of b ird s fo r lo c a l s a le s in 

Bang kok m ark ets . T his e sti m a te i s pro b ab ly v a li d fo r th e ex p o rt tr a d e 

as w e ll . C le ar (1 971), in d is c u ssin g c o s ts o f ca nar y-w in ged p a ra k e e ts 

(B ro to g eris v e r s ic o lu r u s ) ac kn ow le dg es th a t "T he re i s a hig h m o rta lit y 

r a te a t ever y sta g e alo ng th e way ."

Q uit e o fte n th e c ap tu re of young anim als i s ac co m plish ed only a t 

th e s a c r i f i c e of th e p a re n ts . S o in i (197 2) s ta te s : "Mo st monkeys so ld 

by o c c a sio n a l s u p p lie rs a re th e young of w il d a d u lt s sh o t down w it h 

fir e a rm s o r w it h blo wg un and pois oned d a r t s . . . " . D is cu ss in g th e cap tu re 

of n e s tlin g s o f So ut h Am eri can p a r r o ts , M as sie (1 971a) , n o te s th a t th e 

n e st tr e e i s cu t down and w r ite s : " I am to ld th a t in th e ju n g le s th e 

tr a p p e r o fte n ha s to k i l l th e p a re n t p a r ro ts in s e lf - d e f e n s e ."

21
180

SUMMARY

The im p o rta ti o n of e x o ti c w ild lif e has in many in sta n c e s r e s u lte d 

in im p ort ant ad v ers e e f f e c ts on n a ti v e w ild lif e and i t s h a b ita t, a g r ic u ltu r a l i n t e r e s t s , and on th e h e a lth and econ om ic w e ll bein g of man. 

Alth ou gh th ese e f f e c ts may occ ur as th e r e s u l t of m er el y im port in g cage d 

an im als , th ey a re more se v ere i f w ild lif e sp e c ie s a re in tr o d u ced and 

become e s ta b lis h e d in a new en vir onm en t. T his r e p o rt re vie w s ex am ples 

of many k in d s of th e se adver se e f f e c ts .

ACKNOWLEDGEMENTS

Many c o ll e a g u e s ha ve c o n tr ib u te d , o r c a lle d my a tte n tio n to , 

re fe re n c e s on t h is s u b je c t, and I wis h to th an k eac h of them . In p a rt ic u l a r I th an k Roger B. Cla pp , E arl B ay si n g er, Marc Im la y, and Henry 

T. Booke , a l l of th e Bu rea u of S port F is h e r ie s and W il d lif e , and G er al d 

B ert ra n d , th en w it h th e Cou nc il on E nvir onm en ta l Q u a li ty , fo r t h e i r 

numerou s c o n trib u tio n s and fo r re ad in g e a rly v e rs io n s of th e r e p o r t. 

S ti m u la ti n g d is c u s s io n s w it h Clyde Jo nes we re in la rg e p a r t re sp o n sib le 

fo r th e i n i t i a t i o n of t h i s r e p o rt.

22
181

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Ev en ing S ta r , W as hi ng to n, D. C ., A p ril 10 , 1972. (New York Tim es 

News S e rv ic e ).

Anonymous, 19 72 b. Sal m onel la r e v is it e d . I n te r n a tio n a l T u rtl e and 

T o rto is e S o cie ty Jo u rn a l 6 (2 ):4 -7 .

Anonymous, 19 73 a. The case of th e C hin es e cla m s: What to do? Scie nce 

News, 10 3:3 06. May 12, 19 73 .

Anonymous, 19 73 b. E xoti c N ew ca st le D is ease a c t i v i t i e s r e p o r t. F ore ig n 

Animal D is ease s R eport , V e te rin a ry S e rv ic e s, A .P .H .I .S ., U.S . 

Dep artm en t of A g ric u lt u re , J u ly , 19 73 .

B erg er, Andrew J . 19 72 . Haw aiia n b i r d l i f e . U n iv e rsit y P re ss of H aw ai i, 

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8 3 (4 ):4 30-4 34.

Bor g, K a rl, and G. Roc kb orn. 19 72 . A b r ie f re p o rt on v ir u s h e p a t i ti s 

in th e eag le ow l. R ap to r R es ea rc h 6 ( 3 ) :1 06 -1 07 .

Bro nx Co unty B ir d Club. 19 26 . New Yor k, N. Y. [Bronx re g io n ], pp. 25 -26 

ia B ir d -L o re 's tw e n ty -six th C hri st m as Cen su s. B ir d-L ore 2 9 (l) :1 5 -5 3 .

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r e p t i l e s . I n te r n a tio n a l T u rtl e and T o rto is e S o cie ty Jo u rn a l 6 (3 ): 

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S a n ita r ia Pa na m er ic an a 7 4 (4 ):2 81 -2 89 .

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F lo rid a . M.S. th e s is , U n iv e rsit y of Mi am i, C ora l G ab le s, F la . 121 pp

Casey , H. W., G. M ig ak i, and F. R. R obin so n. 1972. P ath olo gy o f se le c te d 

v i r a l d is e a s e s of nonhuman p rim a te s. Armed Forc es I n s t i t u t e of 

P ath o lo g y , W as hing to n, D. C. Mimeo. 9 pp.

23
C h aff er, Norman. 19 33 . The b u lb u l. Emu, 3 3 (2 ):1 36 -1 37 .

C le a r, V al . 19 71 . E xoti c c a g e -b ir d s . Am eri can Cag e-Bird M ag az in e, 43 

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in R ec en t S tu d ie s in Av ian B io lo gy, ed. A lb e rt W olfson , Un iv.

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so u th e a st F lo rid a . Q u a rt ere ly Jo u rn a l of th e F lo rid a Academy of 

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La nd ye , Jame s J . 1973. S ta tu s o f th e in la n d a q u a ti c and sem i- aq u ati c

m oll usc s of th e Am eri can so u th w est . R ep ort to O ff ic e of En dang ered 

S p ecie s, Bu rea u of Sport F is h e r ie s and W il d lif e . U npubli sh ed .

La yc oc k, Geo rg e. 19 66 . The a li e n an im als . N atu ra l H is to ry P re ss , New 

Yo rk. 240 pp .

Le win, V ic to r. 1971. E xoti c game b ir d s of th e Puu Waawaa Ra nch , Haw ai i. 

Jo u rn a l of W il d li fe Managem ent 3 5 (1 ): 141-1 55.

M ah rd t, C la rk R ., and F. Thomas K n e fle r. 19 72 . Pet o r p e st? En vironm en t 

South w es t, No. 44 6( Aug /S ep t 1 9 72): 2 -5 .

M art in , R ic har d Mark. 1973. The p lig h t of T h ail an d ’ s b i r d l i f e . 

A v ic u lt u ra l Ma gazin e 79(4 ): 1 3 1 -1 3 6 .

M ass ie , Erby L. 19 71 a. P a rro ts in B ra z il—P a rt I I . American Cag e-Bird 

Magazine 43(Ju n e ):1 0-1 1.

M ass ie , Erby L. 1971b. P a rro ts in B ra z il—P a rt I . Am erica n Cag e-Bird 

M ag az in e, 43(M ay ):4 -5 .

McC lure, H. E l l i o t t . 1969 . M ig ra to ry an im al p a th o lo g ic a l su rv ey annual 

p ro g re ss re p o rt 1968. U.S . Army R es ea rc h and De velop me nt Group 

Far E a st, APO San F ra n c is co .

r McC lure, H. E l l i o t t , and Somtob Chi ay ap hu n. 

th e Bangkok "Sunday M ark et, " T h ail an d . 

24:4 1-7 8.

1971. The s a le of b ird s a t 

N at . H is t. B u ll . Siam Soc.

»

M ur ra y, Har ol d D. 

10:3 3-3 4.

1970. D is cu ss io n of Dr . T ay lo r’ s p ap er. M al ac olo gia

O li v e r, Jam es A ., and C harl es E. Shaw, 

o f th e Haw aiian Isla n d s. Z oolo gic a

1953. The am phib ia ns and r e p ti l e s 

3 8 (2 ): 6 5 -9 5 .

25
184

P a r r is h , Henry M ., and M. S. Khan. 19 66 . B it e s by fo re ig n venomo us sn ak es 

in th e U nited S ta te s . Am eri can Jo u rn a l of th e Me d ic a l S cie n ces. 

251: 15 0- 15 5.

P re b le , Da vid E. 19 73 . Da ng ero us p ig eo n s. (L e tte r to th e E d it o r).

Ev ening S ta r and D aily News, W as hi ng to n, D. C ., A p ri l 30 , 19 73 .

R entz , David C. 19 73 . Im po rt ba n— b le s s in g in d is g u is e . Am erica n Ca geBird M ag az in e, A p ril, 197 3: 30 , 36 .

Rev zi n, P h ilip . 19 72 . In South er n C a li fo rn ia t h e r e 's a new pr ob lem ; 

i t ' s th e cla wed fro g . Wall S tre e t J o u rn a l, 1 8 0 (6 3 ): 1. O ct ob er 2,

1972.

Ro ch es , Edward T ., and Jam es A. S t. Amant, 19 73 . P o te n tia l dan ger fro m 

th e In d ia n C a tf is h , H ete ro pneust es f o s s i l i s (B lo ch). C a li fo rn ia 

F is h and Game 5 9 (2 ):1 44 -1 45 .

Ryan, R ic hard . 1972 . The pr ob lem of e x o tic s . Am eri can B ir ds 2 6 (6 ): 

93 4- 93 5.

S ic k e l, Jam es B. 19 73 . A new re co rd of Co rb ic u la m an il en sis (P h ilip o i)

in th e so u th ern A tla n tic sl o p e re g io n of G eorg ia . N a u ti lu s 8 7 (1 ): 1 1 -1 2 .

S o in i, Pe kk a. 1972. The cap tu re and commerce of liv e monkey s in th e 

Amazon ian re g io n of P eru . pp. 26 -36 in I n te r n a tio n a l Zoo Yea rb oo k,

Vol . 12.

S t. Amant, Jame s A ., F ra n k li n G. Hoo ve r, and Glenn R. S te w art . 1973.

A fr ic an cla wed fro g , Xenopu la e v is la e v is (D audin ), e s ta b lis h e d in 

C a li fo rn ia . C a lif . F is h and Game 5 9 (2 ):1 51-1 53.

Tomic h, P. Q uenti n. 1969. Mammals in H aw ai i. B er nic e P. Bi shop Museum. 

S p ecia l P u b li c a ti o n 57 . 238 pp .

T s a lic k is , Mike. 19 72 . T ra ppin g, husb an dr y and tra n s p o rt c o n d it io n s of 

So uth Am eri can p rim a ti e s d e sti n e d fo r re s e a rc h , pp. 23 -26 in 

I n te r n a tio n a l Zoo Yea rb oo k, V ol . 12 .

Van der S c h a li e , Hen ry . 1969. Man m ed dles w it h n a tu re —H aw aiia n s ty le . 

B io lo g is t 5 1 ( 4 ) :1 36 -1 46 .

Wa ger, V in ce nt A. 19 65 . The fro g s of So ut h A fric a . P u rn e ll and Sons 

(S .A .) P ty . , L td ., Cape Town.

W arne r, R ic har d E. 19 68 . The r o le of in tr o d u ced d is e a s e s in th e

e x ti n c ti o n of th e endemi c Haw aiia n a v if a u n a . Condor 7 0 (2 ):1 01 -1 20 .

Z a ra t, Thomas M ., and R. T. P ain e. 1973. S p ecie s in tr o d u c ti o n in a 

tr o p ic a l la k e . Sci en ce 18 2, no. 4111:4 49-4 55, 2 Nov. 1973.

26
185

QUESTION NO. 6

Q uest io ns and an sw er s about th e pro pose d R evis io n of R e g u la ti o n s A ffe c ti n g 

Im p o rt ati o n o f " In ju rio u s W il d lif e ."

New R eg u la ti o n s - Not New L e g is la ti o n

Q: I h ear th a t th e Dep artm en t o f th e I n t e r i o r ha s en acte d some new 

re g u la ti o n s about an im als Im po rted fro m o th e r c o u n tr ie s . I s t h is tr u e ?

A: P a r tly . The Dep artm en t ( a c tu a lly th e F is h and W il d li fe S erv ic e) 

ha s pr op os ed to r e v is e th e p re s e n t r e g u la ti o n s re g a rd in g th e 

im p o rt a ti o n o f in ju rio u s w i ld lif e .

Q: Is t h is th e En da ng ered Specie s Ac t I 'v e h eard about?

A: No, th e se r e g u la ti o n s ha ve n o th in g to do w it h th a t re c e n t

l e g i s l a ti o n , alt h o u g h some sp e c ie s m ig ht be b oth in ju r io u s and 

endan ger ed . The r e g u la ti o n s we r e f e r to come un de r th e a u th o rity 

o f th e La cey A ct .

Q: What i s th e La cey Ac t?

A: The La cey Ac t is a c o n g re ssio n a l A ct, pass ed In 19 00 , (an d 

amended s e v e ra l ti m es sin c e ) th a t g iv es th e Dep artm en t of th e 

I n t e r i o r r e s p o n s ib ility fo r re g u la ti n g a num ber o f a c t i v i t i e s 

re g ard in g w ild lif e . One a sp e c t of th e Ac t d e a ls w it h re g u la ti n g 

w ild lif e Im po rted fro m o th e r c o u n tr ie s in su ch a way as to 

p r o te c t v a rio u s i n te r e s t s in t h is co u n tr y .

Q: What in te r e s ts ?

A: Human i n t e r e s t s , both h e a lth and p ro p e rty ; a g r ic u lt u r a l, 

h o r t ic u l tu r a l, and f o r e s try I n t e r e s t s ; and th e i n t e r e s t s of 

our n a ti v e w ild lif e and th e envir onm en t.

Damage Done by In tr o d u ced W il d li fe

Q: How do es fo re ig n w ild lif e harm th e s e in te r e s ts ?

A: The re a re many ex am ples of damage do ne by e x o ti c w i l d li f e , both 

h e re and in o th e r c o u n tr ie s . Some o f th e se pr om pted th e pas sa ge 

o f th e La cey Act 75 y ears ag o. An im als ca n b i t e , malm or 

pois o n p eo p le , or tr a n s m it d is e a s e , damage p ro p e rty , e a t c ro p s, 

comp ete w it h do m es tic f is h o r w i l d li f e , sp re ad d is e a se in 

do m es tic flo c k s o r h e rd s, pre y on n a ti v e w ild lif e s p e c ie s , and 

d e str o y n a ti v e h a b ita ts .
186

Q: Don’ t th e p re se n t re g u la ti o n s p re v en t t h is damage?

A: Under p re se n t re g u la ti o n s , th e im p o rt a ti o n of a few sp e c ie s 

known to be ha rm fu l i s al lo w ed only by p e rm it . O th er sp e c ie s 

ca n be ad de d to th e "p erm it re q u ir e d " l i s t when th ey a re shown 

to be d e tr im e n ta l, but by th en i t is u su a ll y to o l a t e to p re v en t 

a pr ob lem fro m develo pin g.

D if fe re n t Ap pro ach

a

Q: How do th e new re g u la ti o n s d if f e r ?

A: The pro po se d re g u la ti o n s w ill p erm it im p o rt a ti o n of only th o se 

anim als th a t have be en shown to pose a low r i s k to th e named

I n t e r e s t s . The b a s is fo r t h is ap pro ac h i s th e b io lo g ic a l f a c t *

th a t any an im al sp e c ie s i s p o te n tia lly har m fu l to one o r more 

of th e i n te r e s t s in an en vi ro nm en t whe re i t i s n o t n a ti v e .

No on e ca n p re d ic t how an an im al w ill a c t in a new en vir onm en t.

Q: Where i s th e ev id ence fo r th a t fa c t?

A: The ev id ence i s foun d in th e s c i e n t i f i c and te c h n ic a l l i t e r a t u r e

of th e l a s t cen tu ry o r so , and in many unhappy and c o s tly ex p eri en ces 

in t h i s co u n tr y and abro ad .

Not a Ban

Q: I s t h i s a co m pl et e ban on th e im p o rta ti o n of w ild li fe ?

A: No. The La ce y Act cover s o n ly v e r te b r a te s , m oll usk s and

c ru sta c e a n s. W ith in th ese gro u p s, th o se sp e c ie s on a "lo w r is k " 

l i s t ca n come in f r e e ly . The re m ain d er, no m att er how p o te n tia lly 

h arm fu l, can come in un de r a p p ro p ria te p e rm it s.

Q: Are any sp e c ie s exem pte d from re g u la ti o n s ?

A: Do mestic c a n a rie s and p a r ro ts a re s p e c if ic a lly exem pted fro m th e 

re g u la ti o n s by th e Lacey Act i t s e l f . The r e g u la ti o n s in clu d e 

l i s t s o f "low r is k " sp e c ie s th a t ca n be im po rted a t w i l l.

Q: What kin d s of anim als a re on th e "low r is k " l i s t s , and why?

w

A: The i n i t i a l l i s t in clu deu few common ca ge b ird s and mammals, 

a couple o f fro g s , a la rg e num ber o f tr o p ic a l f is h , and some 

common m ollusk s and c ru sta c e a n s us ed as fo od. The li k e li h o o d 

o f th o se p a r tic u la r sp e c ie s doin g harm i s con si d ere d to be

m in im al . *
Q: No r e p tile s ?

A: Not in th e p re se n t p ro p o sa l.

Q: Can r e p t i l e s and o th e r th in g s be ad de d to th e l i s t ?

A: Oth er sp e c ie s may be ad de d to th e "lo w r is k " l i s t b e fo re th e 

r e g u la ti o n s a re f in a liz e d . The r e g u la ti o n s a ls o p ro v id e fo r 

amendment of th e l i s t In th e f u tu r e , as ev id ence bec omes 

a v a ila b le to show a sp e c ie s sh ould be ad de d o r d e le te d from 

th e l i s t .

Perm it s

Q: W il l an y im p o rta ti o n of anim als n o t on th e "lo w r is k " l i s t be al lo w ed ?

A: Ye s. Im p o rt ati o n o f an y s p e c ie s , no m att er how p o te n tia lly

harm fu l, w ill be p e rm it te d f o r z o o lo g ic a l, s c i e n t i f i c , m ed ic al, 

o r e d u c a ti o n a l p u rp o se s, pro vid ed th a t th e r e c ip ie n t show s th e 

a b i l i t y to p re v en t damage fro m o c c u rrin g .

Q: W il l p erm it s be har d to g et?

A: Not fo r q u a li f ie d people w it h le g itim a te need s.

Q: Can I get a perm it fo r my Im po rted p et?

A: You w ill n o t ne ed a perm it fo r an y e x o ti c (n o n -n ati v e) anim als

a lr e a d y in yo ur p o ssessio n o r In th e co u n tr y b e fo re th e r e g u la ti o n s 

go in to e f f e c t. You would n o t be a b le to g et a p erm it to Im po rt 

a n o th e r " in ju rio u s " an im al fo r a p e t. No p erm it s a re n e ce ssa ry 

f o r sp e c ie s on th e "lo w r i s k " l i s t .

Not R e tr o a c ti v e

Q: Must an yo ne giv e up fo re ig n anim als th ey a lr e a d y ha ve ?

A: No. In f a c t , we a n tic ip a te th a t many of th e se w ill be use d fo r 

b re ed in g purp ose s so th a t phere w i l l be a c o n ti n u in g su pply of 

d o m e sti c a ll y ra is e d " e x o ti c s " .

Q: Won 't th ey be j u s t as " in ju r io u s " as im port ed an im al s?

A: They m ig ht— but t h e ir nu mbers w ill pro bably be r e la ti v e ly sm a ll , 

and we b e li e v e th a t anim als ra is e d in c a p tiv ity te nd to lo se many 

o f th e c h a r a c te r is tic s th a t p erm it them to su rv iv e in th e w il d .
I n t e r s ta te Movements

Q: I f I move to an o th er s t a te w ill I be a b le to ta k e my im port ed p e t 

w it h me?

A: Yes, as lo ng as su ch a c tio n is n o t a g a in st a s t a te law o r some 

o th e r F ed era l re g u la ti o n . The pro po se d r e g u la ti o n s ha ve no th in g 

to do w it h i n te r s t a te tr a n s p o r ta tio n —exce pt to an d fro m Haw ai i. 

(The En dang ered S pecie s A ct, whi ch some people confu se w it h th is 

p ro p o sa l, do es r e s t r i c t i n t e r s t a t e tr a n s p o r ta ti o n of en da ng er ed 

a n im a ls ).

Q: Why Ha wa ii?

A: Movement of an im al s be tw ee n geogra phic e n t i t i e s — th e c o n ti n e n ta l 

U nit ed S ta te s , Haw aii, P uert o R ic o , and th e v a rio u s t e r r i t o r i e s 

and p o ssessio n s of th e U nit ed S ta te s , i s tr e a te d a s im p o rta ti o n .

P et In d u str y

Q: Won’t th e p e t in d u str y s u f f e r fro m th e s e re g u la ti o n s ?

A: Only th a t p o rti o n of th e in d u str y wh ich de pe nd s on im p o rta ti o n of 

e x o ti c w ild lif e co n si dere d to be in ju r io u s w ill be a ffe c te d .

Q: Does t h is p ro p o sa l a f f e c t c a ts and do gs and o th e r common p e ts of th is 

s o rt?

A: Not a t a l l . The pro pose d r e g u la ti o n s do n o t even m en ti on p e ts .

More In fo rm ati o n

Q: Where ca n I fi n d out more about th ese re g u la ti o n s ?

A: An Env iron m en ta l Im pa ct S ta te m en t, wh ich has th e re g u la ti o n s 

ap pe nd ed , ca n be o b ta in ed fro m th e D ire c to r, U.S . F is h and W il d li fe 

S e rv ic e , W as hing to n, D. C. 20240.

Q: Is th e re an y way I ca n ex p re ss my o p in io n on t h is pro p o sa l?

A: Yes , o f c o u rse, an d we would lik e to ha ve i t . The p e rio d in wh ich 

comments a re in v it e d fo r c o n s id e ra ti o n , on e ith e r th e 

r e g u la ti o n s o r th e Im pa ct S ta te m en t, i s open u n t i l Se ptem be r 13 , 

19 74 . Add re ss yo ur comments to : D ir e c to r (FSF /L E) , U.S . F is h and 

W il d li fe S erv ic e , Dep artm en t of th e I n t e r i o r ,

W as hi ng to n, D. C. 20240.
189

Q: Whe n do these regu latio ns take effect?

A: There is no sched uled da te at present. If the p roposal is

adopted witho ut exte nsiv e revisions, it could not become effe ctiv e

befo re the end of 1974 at the earliest.

4*

►

43-977 0 - 75 - 13
190

QUESTION NO. 6

FACT SHEET

P ro p o sed "In ju ri o u s W ild life" (L ac ey A ct) R egula ti ons

*

R evis ed re g u la ti o n s co n tr o ll in g th e im port at io n of so -c a ll e d "in ju ri o u s w ildlife " 

a re bei ng pro m ulg ate d u n d e r th e La ce y A ct . T h is is no t a ne w le g is la ti v e 

pro p o sa l but ra th e r a re v is io n of the sy st em u se d to im pl em en t a law enac te d

aro u n d th e tu rn of th e c e n tu r y . <

Am ong o th er th in g s th e Lac ey Act ch arg es th e S e c re ta ry of th e In te ri o r 

w ith pro te cti n g ". .. h u m a n b e in g s , th e in te re sts of a g ric u ltu re , h o rti c u lt u re , 

fo re s tr y , w ildlife o r th e w il dli fe re so u rc e s of th e U nited S ta te s. .. " fro m in ju ry 

caused by th e im port at io n of li v in g v e rte b ra te s , m o ll u scs, o r c ru sta c e a n s. He 

is to p ro v id e th is p ro te cti o n by re g u la ti n g th e im port at io n of su ch c re a tu re s 

w hic h he de em s to be in ju ri o u s to th ose in te re s ts .

T he pro p o sa l does not in volv e "a ba n or pro h ib it io n " on th e im port at io n of an y 

s p e c ie s --re g a rd le s s of ho w in ju ri o u s it may b e . H ow ever, it do es in s u re th at 

c re a tu re s w hic h pose a th re a t a re im port ed on ly by re sp o n sib le peo ple fo r ju s tifi ab le p u rp o se s . A ni m al s de em ed to be "in ju ri o u s" may sti ll be im port ed in to 

th e U nited S ta te s u n d e r p erm it s is su ed by th e S e c re ta ry fo r sc ie n ti fi c, ed u cati o n al, 

m ed ic al o r zo ol og ic al p u r p o s e s .

T h is pro p o sa l w ill not p re v e n t p e rso n s fro m m ov in g th e ir an im al s ac ro ss Sta te 

li n es as long as su ch m ov em en t is no t c o n tr a ry to Sta te (o r o th er F ed era l) la w .

T he p ro p o sed " in ju rio u s an im al " re g u la ti o n s app ly only to im port at io n in to th e 

U ni te d S ta te s or to m ov em en ts bet w ee n H aw ai i, P uert o Rico e tc . an d th e m ain la nd.

T he Lac ey Act o rig in a ll y w as en acte d at a tim e w hen th e m ov em en t of w ild an im al s 

w as ac co m plish ed by stea m sh ip s . T he a v a il a b il it y of m os t w il d , ex otic an im al s 

w as lim ite d an d th ose th at w ere avail able had to be in go od he al th etc . to w it h ­

st and th e rig o rs of su ch tr a n sp o rta ti o n . C o n seq u en tl y , th e num ber of su ch 

an im al s im port ed in to th e U nited S ta te s w as sm a ll , th e co st w as hig h an d

g e n era ll y only p e rso n s w ith a re a l need at te m pte d su ch o p e ra ti o n s. *

With few ex c e p ti o n s, the re g u la ti o n s o rig in a ll y p ro m ulg ate d to im pl em en t th e 

Lac ey Act al lo w ed :

an y num ber 

of an y sp e cie s

- - to be im port ed by an yone 

- - fro m an y w h ere 

fo r an y p u rp o se

to do w ith as he p le ased su b je ct only to Sta te law .
Man y S ta te s hav e no a u th o ri ty to d eal w ith ex oti c sp e cie s of w il d li fe --th e ir 

a u th o rit y is li m ited to ga me s p e c ie s , fu rb e a re r s , or o th e r sp e c ie s nati v e to 

th e ir S ta te .

T hose o ri g in a l (a n d sti ll e x is ti n g ) p ro c e d u re s a re su ch th at an im port ed sp e c ie s 

w hic h c au ses dam ag e is pla ced on a L is t of "in ju rio u s w ildli fe " aft er w hic h fu rt h e r 

im port ati on of th at sp e cie s is re g u la te d . T h at sy st em al m os t g u a ra n te e s th at 

th e in te re s ts th e law w as d esig n ed to p ro te c t a re re q u ir e d to su ff er in ju ry bef ore 

an y p re v e n ti v e ac ti on is ta k e n . In a d d it io n , aft er su ch in ju ry h as o c c u rre d , we 

a re fa ce d w ith th e di le m m a of e it h e r:

1. ta k in g no acti on to w ar d th ose c re a tu re s cau sin g the in ju ry 

--th e re b y in su rin g th e conti n u ati o n and p e rh a p s in c re a se 

in m agnit ude of th e h a z a rd fa ce d by th at in te re s t, or

2. la u n ch in g a pro gra m fo r th e e ra d ic ti o n of th e off en din g 

s p e c ie s . Such p ro g ra m s a re alw ays co st ly ; se ld om , if e v e r, 

ef fe ct iv e; and re p u g n a n t to a la rg e an d g ro w in g se gm en t of 

th e A m er ic an p u b li c .

Im pro vem en ts in te ch n iq u es fo r c a p tu rin g an im als , im pro ved a cce ss to re m ot e 

a re a s , th e ,a v a il a b il it y of ef fi ci en t tr a n sp o rta ti o n sy ste m s (e sp e c ia ll y a ir fre ig h t) 

and an in c re a sin g in te re s t in a c q u ir in g ex oti c sp e cie s hav e le d to a sk y ro c k e ti n g 

in c re a se in th e num ber of su c h c re a tu re s im port ed in to th e U nited S ta te s ea ch y e a r.

F or exam p le , n e a rly a m illion li v in g b ird s and m am m al s, la rg e r n u m b ers of 

re p ti le s an d am phib ia ns a n d , it is esti m ate d th at o v er on e h u n d re d m illion li v in g 

fi sh a re im port ed in to th is co u n tr y ea ch y e a r. M od er n tr a n sp o rta ti o n sy ste m s m ak e 

it p o ssib le fo r an an im al to be tr a n s p o rte d from th e w ild in th e ir n a ti v e co u n tr y 

to th e U nited S ta te s in 48 h o u rs o r le s s --a lo n g w ith an y p a ra s ite s , d is e ase v e c to rs 

o r o th er un w el co m e h itc h -h ik e rs th ey may h a rb o r.

T h ese fa c to rs , in th e li g h t of an in c re a sin g ec olo gic al a w a re n e ss th at an y ex otic 

org anis m in tr o d u c e d in to an ec osy st em w ill h av e an ef fe ct up on th at eco sy st em , 

to g eth er w ith th is g o v ern m en t' s re sp o n s ib il it y to sa fe g u a rd th e conti n u ed ex is te n ce 

of al l sp e c ie s of n ati v e p la n t and an im al life (i n acco rd an ce w ith th e E n d an g ere d 

S pecie s A ct of 1973) , has le d th e D epart m ent of th e In te ri o r to th e conclu si on th at th e 

p ro te cti o n p ro v id ed th e na m ed in te re s ts u n d e r th e ir p re s e n t p o li cie s an d re g u la ti o n s 

is in a d e q u a te .

T he c u rre n t p ro p o sal is in te n d ed to re m edy th is sit u ati o n an d to p ro v id e b e tt e r 

pro te cti o n to th ose na m ed in te re s ts . T h e P ro p o sal p re se n tl y p e n d in g in th e 

F ed era l R e g is te r (V ol. 38 , No . 244 D at ed D ec em be r 20 , 1973) re c o g n iz e s th at an y 

ex otic is in ju ri o u s if im port ed u n d e r u n c o n tr o ll e d c ir cu m sta n ces an d w ou ld pose a 

th re a t to one o r m ore of th ose na m ed in te re s ts at so me tim e or p la ce in th e U nit ed S ta te s
192

H ow ever, th at P ro posa l al so re c o g n iz e s th at th e th re a t pose d by so me sp e cie s

m ay be so m in im al as no t to re q u ir e th e fu ll p ro te cti on p ro v id ed by th e re g u la ­

to ry m echanis m . T h e re fo re , th e P ro posal w ou ld esta b li sh a li st of so -c a ll e d "low

ris k " sp e cie s w hic h may be im port ed u n d e r essen ti all y no F ed era l re g u la ti o n

(i n so fa r as th e Lac ey Ac t is co n cern ed -- so m e m ay be re g u la te d by o th er sta tu te s ) .

T he P ro posa l als o wou ld p ro v id e fo r th e am en dm en t of th is li st of so -c a ll e d "lo w ris k

w ildlife " on a co nti nual b asis as addit io nal data be co me avail ab le co n cern in g th e

r i s k —o r la ck th e re o f- -p re s e n te d to th e na m ed in te re sts by an y li ste d o r u n li ste d #

s p e c ie s .

In addit io n to p ro v id in g a m or e ef fe ctive an d re sp o n sib le m ea ns of in su rin g th e

p ro te cti o n of th e na m ed in te re s ts , th is p ro c e d u re al so re co g n iz es th at la rg e

n u m b ers of a nim al s hav e bee n im port ed in to th is co untr y over a lo ng p eri o d of *

tim e an d th at a g re a t de al is kn ow n ab out so me of th em -- en o u g h to dete rm in e

th at it is u n li k ely th at th ey w ou ld pose a si g n if ic an t th re a t. H ow ev er , th e

P ro posal al so reco g n iz es th at th e re a re m an y an im al s ab out w hi ch not en ough

is know n, ev en th ough la rg e nu m b ers may hav e bee n im p o rt ed , to concl ude th ey

w ould no t p ro v e to be a p la gue to th e na m ed in te re sts u n d e r c e rt a in cir c u m sta n c e s.

It al so reco g n iz es th e re a re m an y an im al s w hic h hav e no t bee n im port ed in to th is

co u n tr y ; ab out w hic h li tt le is kn ow n and w hic h li kel y wou ld p ro v e to be se ri o u s

p e s ts if im port ed in to th is c o u n tr y . T h e re fo re th e P ro posa l wou ld co ntr ol (n ot

el im in at e) im port at io n of th ose anim al s unti l know le dgeable p e rso n s had a s se s se d

th e th re a t su ch c re a tu re s po se an d had m ad e a re aso n ed ju dgem ent as to w h eth er

o r no t th at th re a t is low en ough to p erm it u n re g u la te d im port ati on.

If su ch asse ssm e n ts in dic ate th e co n tr o ls w ere u n n e c e ssa ry th en th at an im al wo uld

be ad d ed to th e li s t of "lo w -r is k " sp e c ie s an d th ere b y d eco n tr o ll ed .

On th e o th e r h a n d , if th e asse ssm en t in d ic ate d th e an im al w ou ld p re se n t a m aj or

pro ble m if im port at io n w as no t co n tr o ll e d , th en im port at io ns w ou ld be re s tr ic te d

an d th e in ju ry w ou ld be p rev en te d o r at le ast m in im iz ed .

T h e re fo re , th is P ro posa l se ts up a sy st em w h ere b y th e ris k pose d by an ex otic 

sp e cie s is ev alu ate d fu lly befo re u n re g u la te d im port at io n is p e rm it te d .

We re co g n iz e th e re a re some le git im at e u s e rs of "in ju ri o u s w ildlife " w ho se 

fa cil it ie s an d acti v it ie s a re su ch th at an im al s im port ed by them w ou ld pose no

th re a t to th e na m ed in te re s ts . C e rt ain q u ali fi ed zoos an d re se a rc h in sti tu ti o n s *

fo r exam p le , m ay fa ll in to th is c a te g o ry . T he p erm it req u ir em en ts se t fo rt h in 

th is P ro p o sal w oul d no t n e c e ssa ri ly p ro v id e any ad dit io nal pro te cti o n if fu lly 

appli ed to su ch in sti tu ti o n s an d may c reate a si g n if ic an t p ap erw o rk b u rd e n .

«

3
193

S u g g est io n s as to ho w th is P ro p o sal co ul d be m od ifie d to re co g n iz e th ese fa c ts , 

p ro v id e th e n eeded pro te cti o n and m in im iz e th ese a d m in is tr a ti v e p ro ble m s a re 

bein g c o n s id e re d .

An E nvir onm enta l Im pa ct S ta te m en t h as been p re p a re d in co m plian ce w it h th e 

N at io nal E nvir onm en ta l Pol ic y A ct . T he F e d e ra l R e g is te r, Volum e 39 N um ber 109 

d ate d Ju n e 5, 1974, c a rrie d an announcem ent th at th is Sta te m en t w as av ail ab le 

fo r re v ie w . F o u r publi c h e a rin g s on th is P ro p o sal w il l be hel d:

*

W ash in gto n, D . C . on A ugust 5 f rom 9a . m . u n ti l 4 p .m . at th e 

A ud itori um of th e U .S . D epar tm en t of th e In te rio r, 18th & C 

S tre e ts , N . W .

» - - Miami , F lo ri d a on A ugust 5 fro m 9 a .m . u n ti l 4 p .m . at th e Mia mi

Dad e Com m un ity C o ll eg e, N ort h C am pus, 1130 N o rt hw est 27th S t.

K an sa s C it y , M is so uri on A u g u st 6 fro m 9 a .m . u n ti l 5 p .m . at 

C ente n n ia l B Ro om , C ro w n C e n te r H ote l, 1 P e ris h in g Ro ad

San F ra n c is c o , C ali fo rn ia on A u g u st 9 fro m 9 a.m . u n ti l 5 p .m . at 

V ete ra n s A udit ori um , M em orial B u il d in g , Van N es s and M cA llis te r 

S tr e e t

Al l in te re ste d p a rti e s a re in v it ed to att en d th ese m eeti n g s, e x p re s s th e ir vie w s 

a n d /o r su bm it w rit te n co m m en ts to: D ir e c to r, B u re au of S port F is h e rie s and 

W ildlife , U .S . D ep ar tm en t of th e I n te r io r , W ash in gto n, D. C . 2024 0.

4
194

QUESTION NO. 6

D E P A R T M E N T o f t h e I N T E R IO R

n e w s r e le a s e

FISH AND WIL DLIFE SERVICE

For Immediate R el ea se Aug ust 1, 1974 McGarvey 202/34 3-56 34

PET OWNERS UND ULY ALARM ED OVER 

PROP OSED WIL DLI FE IMPO RT R EGULAT ION

F als e rum ors c ir c u la ti n g th ro ughout th e c ountr y have caus ed pet owners 

to become un du ly ala rm ed ov er prop os ed new re g u la ti o n s on im por ting fo re ig n

an im al s in to eh* Un it* d S ta te * , Lynn A. C ra an w ait, D ir e c to r of I n te r i o r '*

U.S. Fl*h and W il d li fe S e rv ic e, *a ld to day.

"The pr op os ed re g u la ti o n e ," G re enval t s a id , "a re au th o ri zed un de r th e 

Lac ey Act of 1900 and are In te nded to pre v en t th e im p o rt ati o n of any an im al s 

th a t might be in ju rio u s to hum ans, a g r ic u ltu r e , o r th e n a ti v e en vi ro nm en t.

But u n fo rtu n a te ly , th e rum ors ha ve i t th a t even dogs and c a ts would be 

p ro h ib it e d from tr a v e l between th e v a ri o u s s t a t e s . Ano ther rumor ho ld s 

th a t a l l p e ts ex ce pt dogs and c a ts would ha ve to be giv en up . N eit her 

rum or is tr u e .

The fa c ts a re :

1. Pe op le w it h conventi onal dom es tic p e ts would no t be a ff e c te d in 

any way.

2. Peo pl e w it h w ild an im al p e ts th a t a re n a ti v e to th is countr y, 

su ch as sn akes, would no t be a ff e c te d in any way.

3. Pe op le who now poss ess e x o ti c (i m port ed) p e ts would no t be a ffe c te d 

in any way.

4 . The onl y p e t fa n c ie rs who sta n d to be a ffe c te d are th ose who mig ht 

wa nt to Im po rt e x o ti c p e ts a f te r th e re g u la ti o n s go in to e f f e c t. They 

would no lo n g er be a b le to b ri n g in to th e countr y p e ts wh ich might be 

in ju rio u s to humans, a g r ic u ltu r e , o r th e n a ti v e en vironm en t. They would 

s t i l l be a b le to b ri n g in many e x o ti c p e ts wh ich a re on th e "low haza rd " 

l i s t .
195

*

Th e Lac ey A c t, w hi ch i s th e b a s i s f o r th e new r e g u l a ti o n s , i s th e law 

w hi ch d i r e c t s th e D ep ar tm en t o f th e I n t e r i o r to p r o te c t v a r io u s i n t e r e s t s 

in t h i s c o u n tr y from im p o r ta tio n o f i n j u r io u s w i l d l i f e . I t i s n o t a new 

la w , b u t th e I n t e r i o r D ep ar tm en t i s p ro p o s in g new r e g u l a ti o n s t h a t wou ld 

a c co m p li sh mo re e f f e c t i v e l y w ha t th e la w in te n d e d .

The r e g u l a ti o n s p r e s e n t ly in e f f e c t a ll o w im p o r ta tio n o f an y a n im a ls 

t h a t a r e n o t on a s h o r t l i s t o f in j u r io u s s p e c i e s . I t i s e s ti m a te d th a t 

n e a r ly a m i lli o n li v i n g b ir d s an d ma mm als , l a r g e r nu m be rs o f r e p t i l e s an d 

a m p h ib ia n s, an d o v e r 100 m i lli o n l i v i n g f i s h w er e im p o rt ed in t o th e U .S . 

l a s t y e a r . W ith so many a n im a ls b e in g im p o rte d , th e r i s k o f b r in g in g in 

an i n j u r io u s s p e c ie s i s v e ry h ig h .

A ne ed to ti g h te n th e s e r e g u l a ti o n s h a s been re c o g n iz e d . I n th e p a s t , 

an im a ls hav e b een p la c e d on th e " i n j u r i o u s " l i s t o n ly a f t e r a bad e x p e rie n c e 

w it h th e s p e c ie s p ro v ed th a t i t s h o u ld be t h e r e . Many u n f o r tu n a te m is ta k e s 

w er e made t h a t can n e v e r be c o r r e c te d . The E n g li s h s t a r l i n g , th e g ia n t 

to a d , th e w alk in g c a t f i s h , an d o th e r s a r e ex am p le s.

The new r e g u l a ti o n s a r e in te n d e d to p r e v e n t f u tu r e m is ta k e s . Only 

th o s e a n im a ls t h a t hav e bee n d e te rm in e d to p o se a low r i s k wou ld be p e r ­

m itt e d to com e in t o th e c o u n try w! 

wou ld be c a r e f u l l y r e g u l a te d , b u t 

a s p e c i a l p e r m it, is s u e d o n ly f o r 

e d u c a tio n a l p u rp o s e s . No an im als 

im p o r ta tio n .

P u b li c h e a rin g s w i l l be h e ld

A ugu st 5 , 1974

A u d it o ri u m

D epart m ent o f th e I n t e r i o r 

1 8 th & C S t r e e t s , N.W. 

W ash in gto n,' D.C .

9 a.m . — 4 p.m .

A ugust 6 , 1974 

Crown C e n te r H o te l 

C e n te n n ia l B. Room 

1 P e rs h in g Road 

K an sa s C ity , M is so u ri 

9 a. m . — 5 p.m .

th o u t r e s t r i c t i o n . A ll o th e r an im als 

co u ld a l s o come in t o th e c o u n try u n d er 

z o o l o g ic a l , s c i e n t i f i c , m e d ic a l, o r 

w oul d be c o m p le te ly ba nne d from

a t th e f o ll o w in g l o c a t i o n s :

A ugust 5 , 1974

M iam i-D ad e Co mm unity C o ll e g e 

N o rt h Campus 

Te n P la y e r s ' T h e a te r 

11 38 0 N.W. 2 7 th Av enue 

M ia m i, F lo r id a 

9 a.m . - 5 p.m .

A ugust 9 , 197 4 

A u d it o ri u m

V e te ra n s ' M em or ia l B u il d in g 

Van N es s an d M c C a lU s te r 

Sa n F r a n c is c o , C a l if o r n ia 

9 a.m . - 5 p.m .

R e c e n tl y r a is e d q u e s tio n s I n c lu d e :

ARE THESE REGULATIONS THE SAME AS THE ENDANGERED SPECIES ACT?

NO. T hese co n c e rn th e Lace y A ct o f 19 00 w hic h h as b een am ended s e v e r a l 

ti m e s . T h is A ct c h a rg e s th e D ep art m en t o f th e I n t e r i o r w it h r e s p o n s i b i l i t y 

f o r r e g u l a ti n g a nu m be r o f w i l d l i f e a c t i v i t i e s in c lu d in g im p o rts .

2
196

WHAT DAMAGE HAS IMPO RTED WILDLIFE D ON E?

Small turtles have caused 40,000 cases of salmonel la pois oning 

annually. Monkeys have Infected huma ns with tubercul osis and hepatitis.

In 1972, viral New castle di sease was found In flocks of c hickens In 

California and In par rots and m yna bi rds Impor ted at that time. It was 

necessary to d estroy 11 mil lio n chick ens to pr event the spread of the 

disease. These are Just a few examples. Animals can bite people, eat 

crops, compete with d omestic fish and wildlife, spread disease in dome stic 

flocks and herds, pre y on n ativ e wi ldlife, and des troy native habitat. 

WOULD THERE BE A COMPLE TE BAN ON WILD LIF E IMPOR TS?

NO. Dom estic canaries and parrots are exempted from the regulat ions 

by the word ing of the Lace y Act. Species known to b e "low risk" could be 

imported freely. Thes e Include several common c age birds and mammals, 

several frogs, a large numb er of tropi cal fish, and some common mollusks 

and crustaceans used as food.

HO W DO I KNO W IF AN AN IMA L IS LOW R IS K?

A list of species that are prop osed to be class ified as low risk was 

published in the Federal Regis ter on Decemb er 20, 1973. These are animals 

about w hich there is evid ence to sh ow their risk to be low. These animals 

could be imported at will. Those not on the list would requi re a pe rmit 

to be imported. After the list is approved, it c an be amended if evidence 

shows a species should be added or deleted.

WOULD ANY ANIMAL S BE R ESTRIC TED THAT PREVIOUSL Y ENT ERE D FRE ELY ?

The pro posed regulations woul d reduce the numb er of bi rds imported 

by about 50 percent, mamm als b y about 45 perce nt, amphibians by about 15 

percent, and fish by about three percent.

COULD I MOVE A PET FROM STATE TO STATE?

YES. The propos ed regulations have not hing to do w ith interstate 1 

tra nsp ort ati on except to and from Hawaii. Mov ement of species b etwe en I

the con tinental Uni ted States and Hawaii, Pue rto Rico, and the va rious I 

island territories of the Unite d States is treat ed as importation.

4

INTI S9B .7 4

X X X

3
197

5

"K

G) 0

QU ES TI ON S NO . 9 AND 1 2

FRIDAY, JANUARY 4, 1974

WASHINGTON, D.C.

Volume 39 ■ Number 3

PART III

DEPARTMENT OF

THE INTERIOR

Fish and W ildlife Service

g

0

"O0

TA KING , POSSESSION,

TRAN SP OR TATIO N, SALE,

PURCHASE, BARTER, EXPORTATION

AND IM PO RT ATION OF WILDLIFE
198

1158 RULES AND REGULATIONS

Title 50— Wildlife and Fisheries

CHARTER I— BUREAU OF SPORT FISH

ERIES AND WILDLIFE. FISH AND WILD

LIFE SERVICE. DEPARTMENT OF THE

INTERIOR

SUBCHAFTER B— TAKING, POSSESSION. TRANSPORTATION. SALE. PURCHASE. BARTER. EXPORTATION, AND IMPORTATION OF WILDLIFE

By notice of proposed rulem aking published In the Federal Register of April 

25. 1973 (38 FR 10208-10234>. it was p roposed to revise and res tru ctu re Sub ­

chapter B of Chapter I of Ti tle 50

Since evaluation of comments, suggestions. and objections to the proposed 

rulem aking of April 25. 1973. referred 

to above took considerab le time, it was 

decided to ado pt the proposed changes 

in Su bch apter B in segments, r athe r than 

republish it in its entirety . F urther it was 

necessary to publish add ition al proposed 

rulem aking as substantive changes were 

developed.

Accordingly, in the Federal Register

on July 5. 1973 <38 FR 17841), Sub ­

chapter B of 50 CFR. Chapt er One. was 

retitled and Par t 20—Migratory Bird 

Hunting, was added reserving Subparts 

A thro ugh K and M. an d publishing only 

Subpart L—Administrative and Miscellaneous Provisions Sub part K—Annual 

Season. Limit, an d Shooting • Hours 

Schedules, was published in pa rt in the 

Federal Register on August 1. 1973. 38 

FR 20456'

In the F ederal Register on August 15. 

1973 <38 FR 22015). the rem aind er of 

Pa rt 20 was adopted and Subp art L republished. Sub part K of P art 20 was not 

republished as i t was to be fu rth er modified In this s ame Federal Register pu blication. Pa rt 10 was retitle d ••General 

Provisions.” amended, and adopted. In 

summ ary, final rulemaking to date has 

retitled 8ubchapte r B and adopted new 

Pa rts 10 and 20. Th e rulemaking con ­

tained herein will complete the res tructuring an d revision of 8u bchapte r B with 

the exceptions indicate d below. This rulemaklng ado pts new titles for t he following parts and completely ame nds such 

pa rts to read as set forth herein :

P art II —Civil Pr oc ed ures 

P art 12—Se izur e an d Fo rfei tu re Pr oc ed ur es 

Part 13—G en eral Pe rm it Proc ed ur es 

P art 14—Im po rt. Exp ort an d In te rs ta te 

Tra nsp ortation of Wildlife.

P art 15 -Feat he r Im port Qu otas

P art 1 6 -I n ju rio u s Wildlife 

P art 17—Enda ng er ed Wildlife 

P art ID—A irb orne H un ting 

Pa rt 21—M igratory Bird Pe rm its 

P art 22—Eagle Pe rm its

This rulem aking differs from the pro ­

posed rulem aking of April 25. 1973. refered to above, and oth er proposed rulemakings as set forth below, in several 

ways which are. in the main, conforming, 

editorial, and generally cosmetic in 

nature. However, other substantive 

changes also have been made and are 

generally discussed below

Part 10, General Provisions—Regulations made effective on August 15. 1973, 

established a rule of constru ctio n ap ­

plicable to regulations th en or t hereaft er 

published in 50 CFR Subch apter B.

res tric t taking, possession, tra ns po rta ­

tion. exportation, or sale of such wildlife. in order to esta blish th at the f oreign 

law and regu latio ns have not been violated Appropriate documents may be 

required by the owner, importer, o r c onsignee to show th at such laws or regulations have not been violated. This 

change will expedite ship ments and is 

made in the int erest of the welfa re of 

the wildlife and to avoid undue delays 

In cases where an import permit is not 

required by tills S ubc hap ter, appropriate 

documents may be required, under the 

new 8 14.41. of the owner, importer, or 

consignee to show th at such laws or 

regu latio ns of the foreign cou ntry have 

not been violated When an imp ort per ­

mit is required under this subchapter, 

the compliance with foreign law must 

have been dem ons trated prior to the issuan ce of the perm it and the perm it 

must have been Issued prior to 

importation

Part 15—In the April 25th proposal 

this pa rt was designa ted Par t 14. It is 

now adopted as Par t 15 to allow for new 

Par t 12 as discussed above. No sub sta ntive changes, differing from the proposal, 

are containe d in this p art.

Part 16—A notice of propoaed rulemaking was published in the Federal

Register on December 20. 1973 <38 FR 

34970) to completely revise Pa rt 16. Th e 

pream ble to th at proposed rulem aking 

fully sets forth the scope and purpose of 

the proposed revisions and the reasons 

therefo r. At leas t 60 days will be provided 

during which the intere sted public may 

submit w ritt en da ta, views, or arg uments 

with respe ct th ere to. Also, at least 3 public hea rings will be held, providing opportunity for submission of oral or written comments. Specific date s, times, and 

location of each of thes e meetings will 

be published in t he Federal Register and 

will allow at leas t 60 days between the 

date of the notice an d the first such 

meeting. However, in order to ado pt the 

new s tru ctu re and modifications of Subchapter B as contain ed herein, it Is nec ­

essary at this time to recodify form er 

Par t 13—Im portation of Wildlife o r Eggs 

Thereof, to Par t 16—Injuriou s Wildlife 

In addition , c urrent P ar t 13 Is hereby restructur ed and amended to conform with 

the othe r provisions of Subch apter B. No 

substantive ch anges are m ade in th is p art 

from the rules as th ey previously existed 

in Par t 13—Im portation of Wildlife or 

Eggs Thereo f

Part 17—An a dditional requirem ent to 

8 17.23 provides for the inclusion. In an 

application for a p erm it, of a description 

of the type. size, a nd construc tion of the 

con tainer, and ar ran geme nts for feeding, 

watering, and otherw ise cari ng for wildlife in tra ns it; and of the arr ang ement s 

for caring for the wildlife upon imp ortation into the United States

Part l/t—Regula tions adopted by publication in the Federal Register on December 21. 1972 <37 FR 28173-28177). remain In effect, and are not affected by 

their publication; except for 8u bp art F. 

which is hereby revoked. Proced ures contain ed in form er Su bpart F appear in 

Pa rts 11 and 12. Proposed amendments 

to Pa rt 18 were published in t he Federal

th at such regulations are to be prospectively applied. 50 CFR 10 4 <38 FR 

22015) To clarif y th at rule as applied to 

appeal provisions of the civil penalty 

procedures set forth In Pa rt 11 of these 

regulations (f 11.25). it is necessary t hat 

5 10 4<a» be am ended a t this time 

Part / / —When Pa rt 11 was proposed 

on April 25. it contain ed a Sub part CHolding. Return, and Disposal of Seized 

Property It is now d etermi ned to crea te 

a new Pa rt 12 for thes e rules The April 

25th proposal did no t address the question whether intra -dep artm ental ap ­

peals from the decisions of ad mi nistr ative law judges should be as a matt er of 

righ t, or whether they should be g ranted 

at the discretio n of the appellate officials The Dep artme nt recognizes the 

necessity for arriving at sta nd ards for 

review of an adm inistrativ e law judge's 

decision and for establishing a ppropr iate 

grounds for appeal Until suc h time as 

those sta ndard s and grounds are arrived 

at. the Departm ent has adopted a discretionary appeal by ' ce rtiorari ” pro ­

vision. I8ee 5 11.25.1

Part 12—As indicate d above. Pa rt 12 

has been established to deal with the 

seizure and forfeiture procedures formerly proposed in Par t 11 Subpart C 

of th is Pa rt h as been reserved to provide 

for later rules dealing with forf eitures 

under the Bald Eagle Pro tection Act and 

the Fish a nd Wildlife Act of 1956

Part / 3—Pa rt 12 In the April 25th 

notice of proposed rulem aking has been 

redesignated as Pa rt 13 to allow for the 

new Pa rt 12-Seizure an d For feiture Procedures. Pa rt 13 provides uniform 

rules and procedures relative to the ap ­

plication. issuance, renewal, conditions, 

revocations, and general administration 

of perm its issuable pu rsu ant to this subchapter. A chang e in the April proposal 

was made to accommodate those unforeseen situatio ns which would m ake it impossible to sub mit an ap plication in w riting for a p ermit. This is accomplished by 

adding parag rap h <C) to I 13.21. which 

authorizes issuance of a perm it if ce rtain 

specified requirements are met. Anoth er change is in 8 13.26(a) 1) relative to the rig ht of succession of permitted activities. The proposed rule 

would have provided for succession to 

pass to the surviving spouse or child, 

among others It was decided th at b ette r 

permit admi nistration would be realized 

if tha t provision was reworded to exclude 

the surviving spouse or child, but 

authorize executor, administrator , or 

oth er legal repr esentative, to continue 

the perm itte d activity for an interim 

period durin g the probate of the estate

Also 5 13.51. relative to the suspension 

or revocation of a permit ‘exc ept in 

cases of willful violation or in case s where 

public health or safety req uir es) . has 

been reworded to conform more closely 

with 5 U S.C 558

Part 14—This pa rt was o riginally pro ­

posed as Pa rt 13 and has been moved to 

Pa rt 14 to make room for a new Pa rt 12 

as discussed above. Previously, the reg ­

ulations required th at docume ntation 

from the cou ntry of origin or the country 

of export must accom pany shipments 

of wildlife if foreign law or regulations

*

FEDERAL REGISTER, VOL 39 , NO 3---- FRIDAY, JANUARY 4. 1974
199

Register on August 16, 1973 (38 FR 

22143-22149), and the com men t period 

on these proposals has ex pired. However, 

evaluation of th e comm ents has not been 

completed an d any substant ive changes 

in Pa rt 18 will be made in a lat er pub ­

lication.

Part 19—By publication in the Federal

Register of August 28. 1973 (38 FR 

22967). notice was given th at a new Pa rt 

19-Airbo rne Hunting, was proposed to be 

added a nd comments were invited to October 19. 1973. All commen ts and other 

releva nt m atter received having been 

considered, it is dete rmined t hat Pa rt 19 

should be added a t this time. Only minor 

chan ges in wording have been m ade with 

respect to permits which will facilitate 

admi nis tra tio n and und erstan din g of 

this part.

Part 21—By publication in the F ederal

Register of Octo ber 19. 1972 (37 FR 

22633), an interim rule was established 

concerning falconry . Tha t rule has remain ed in effect and it has been de ter ­

mined to codify th at rule on an interim 

basis in #21.28 Falconry permits. In ad ­

dition, by publication in the Federal

Register of July 30. 1973 <38 FR 20264), 

notice was given th at it was proposed to 

add to Subp art C of Pa rt 21 regulatio ns 

concerning permits for falconry. This 

was proposed in J 21.28 Falconry permits 

Subsequently, the comment period was 

extended to September 30, 1973. Because 

of t he wide int ere st in falconry and falconry permit regulatio ns, it has been determ ined th at a revised proposed rulemaking should be published an d add itional co mments concerning that revised 

proposed rulemakin g should be invited to 

give the intere sted public amp le opportun ity to particip ate in the rulem aking 

process Accordingly, the tex t of 5 21.28 

Falconry permits, is hereby adopted to 

Include the cu rre nt existing rule. However. i t should be recognized t hat fu rth er 

proposed rule mak ing will be forthc oming to provide for a system of falconry 

permits.

Part 22—Because of th e difference in 

statutor y definitions. 822.3 has been 

added in this Par t to inc orp orate the 

definition of • take ” in the Bald Eagle 

Protection Act. Also. 8 22.23 is reworded 

to clarify procedures relativ e to depredating golden eagles when relief is requested by the Governor of any St ate for 

the protection of domestic flocks and 

herds. Section 22.24 is reserved to provide for contem plated falconry regulations. which will be published at a later 

date . Accordingly,

PART 18 — MARINE MAMMALS

Subpart F [Revoked]

1. Sub part F—Procedures for Civil 

Violations, of Par t 18—Marine Mammals. is hereb y revoked

PART 10— GENERAL PROVISIONS

2. Pa rt 10—General Provisions, is revised by amending sectio n 104(a) to 

read as follows:

§ 10.4 W hen re gu la tions apply .

'a» Citrif pen alty proceedings Except 

as otherwise provided in section 11.25, the

RULES AND REGULATIONS

civil pen alty assessment procedures contained in this Subchapte r B shall apply 

only to any proceeding institu ted by 

notice of violation dated subsequent to 

the effective date of these regulations, 

regardless of when the act or omission 

which is the basis of a civil pen alty proceeding occurred.

3. All commen ts and other relev ant 

material presen ted having been considered. Pa rts 11. 12. 13. 14. 15. 16. 17. 19, 

21 an d 22. are recodified, revised, 

amended and added to Chapter One. 

Subchapte r B. Title 50 C FR as follows: 

Pa rt 11—C iv il Procedures

Pa rt 12—8 elzu re and Forfeitu re Procedures

Pa rt 13—G en eral Per mit Procedures

Pa rt 14— Im port . Ex po rt, and In ters tate

Tr an sp ortatio n of W ild lif e

Part 15—Fe athe r Im port Quotas

Pa rt 16—In ju ri ous W ild life

Pa rt 17—Endange red W ild lif e

Pa rt 19— Airborne Hunting

Part 21— Migrato ry Bird Pe rm its

Pa rt 22—Eagle Pe rm its

PART 11— CIVIL PROCEDURES

Subpart A—Introduction

Sec

11.1 Purpose of regulations

11 2 Scope of regulation s

11J Fili ng of docum ents

Subpart B— Assessment Procedure

11.11 No tice of vio lation.

11.12 Pe titions fo r relief

11.13 Decision by th e Dire ctor

11.14 No tice of assessment

11.15 Req ues t fo r a he aring

11 16 Fin al ad m in istrativ e decision

11 17 Pa ym en t of fina l assessment

Subpart C— Hearing and Appeal Procedure

11.21 Co mm enceme nt of hearing proceedings.

11.22 Appearance and practice

1123 Hearings

11.24 Fin al ad m in istrativ e decision.

11.25 Appeals

11.26 Re po rting service.

Au THoamr Lacey Act. 83 Sta t 279-281.

18 U.SC. 42-44 : Bald Eagle Pr otec tio n Act.

sec 2. 54 St at 251. 16 U.S.C 668a End angered

Species Co nservation Act of 196®. sec 4(e ).

83 S tat 278. 16 U 5 C 66Boc 4; M ar in e M am ­

mal Protection Ac t of 1972. sec 11 2(a ). 86

St at 1042. 16 U flC . 1382

Subpart A— Introduction 

§ 11 .1 Pu rp ose o f regu la tions.

The regulations contain ed in this pa rt 

provide u nifo rm rules and p roced ures for 

the assessment of civil penaltie s in connection with violations of certa in laws 

and regu latio ns enforced by the Bureau. 

§ 11.2 Scope o f re gu la tions.

The regulations contain ed in this pa rt 

apply only to actions arising under the 

following laws and regulations issued 

th ereu nd er:

Lacy Act. 18 OS.C 43.

Bald Eagle P rotection Act. 16 U S C 668- 668d.

End angered Species C onservation Act of 1969.

16 U.8.C 668cc—1 to 668cc-6. and Marine

Ma mmal Protec tio n Act of 1972, 16 DB .C.

13 61 -13M an d 1401-1407

§ 1 1 .3 F il in g o f d oe um en le.

‘a* W he ne ve r a do cu m en t or ot he r

paper is required to be filed under this

1159

Pa rt within a certa in time, such docume nt or p aper will be considered filed as 

of the date of the postmark if mailed, 

or the date actu ally delivered to the office 

where filing is required. The tim e periods 

set fo rth in this Pa rt shall begin to run 

as of the day following the da te of the 

docume nt or other paper

(b) If an oral or writte n application 

is made t o the Dir ecto r up to 10 ca len dar 

days afte r the expiration of a time period established in this Par t for the required filing of documents or other 

papers, the Direct or may permit a late 

filing within a fixed period where r easonable grounds a re found for an inability or 

failure to file within the time period required All such extensions shall be in 

writing. Except as provided in this subsection, no other reque sts for an exten ­

sion of time may be gran ted.

Subpart B— Assessment Procedure

§ 11.1 1 Notice o f v io la tion.

(a) A notice of violation (here ina fter 

"no tice ’’). shall b e Issued by t he Director 

and served personally or by registered or 

certified mail, return receipt requested, 

upon the perso n believed to be subject to 

a civil penalty (the respondent). The 

notice s hall con ta in : < 1 ) A concise state ­

me nt of the fac ts believed to show a 

violation. (2) a specific referenc e to the 

provisions of t he sta tu te or re gula tion a llegedly violated, an d <3> the am ount of 

pen alty proposed to be assessed The 

notice may also conta in an initial proposal for compromise or settle me nt of 

the case The no tice s hall also advis e the 

respondent of his rig ht to file a petition 

for relief pu rsu ant to 8 1112. or to aw ait 

the Director's notice of assessment.

(b) The respo nde nt s hall have 45 days 

from the date of the notice of violation 

in which to respond. During this time 

he m ay :

(1) underta ke info rma l discussions 

with the Director;

(2) accept the proposed penalty, or 

the compromise, if any. offered in the 

notice;

(3) file a pe tition for rel ief ; or

(4) tak e no action, and await the 

Director's decision, pursu ant to 8 11.13.

<c) Acceptance of the proposed 

penalty or the compromise shall be 

deemed to be a waiver of the notice of 

assessment required by 8 11.14, an d of 

the opportunity fo r a hearing. Any counter offer of settle me nt shall be deemed 

a rejection of th e proposed offer of 

compromise.

§ 1 1 .1 2 Peti ti on fo r r e lie f.

If the resp ond ent so chooses he may 

ask th at no penalty be assessed or th at 

the amount be reduced, and he may ad ­

mi t o r co ntest the legal sufficiency of the 

charge and the Direct or’s allegations of 

facts, by filing a p etition f or relief (here ­

inaft er ' petition ' 1 with the Directo r at 

the address specified in the notice within 45 days of the da te thereof The p eti ­

tion shall be in writing an d signed by the 

respondent If the respondent is a cor ­

poration. the petitio n must be signed by 

an officer au thorize d to sign such documents. It m ust set forth in full the legal 

or other reasons for the relief

FEDERAL REGISTER, VO t. 29. NO 3— FRIDAY, JANUARY 4, 1974
200

U60 RULES AND REGULATIONS

§ 1 1 .1 3 Dec isio n by th e D ir e cto r.

Upon exp iration of the period required

or grante d for filing of a petitio n for 

relief, the Director shall proceed to make 

an assessment of a civil penalty , taking 

Into con sideration info rma tion available 

to him and such showing as may have 

been made by the respondent, eith er 

pursu ant to 5 1111 or 5 11.12, or upon 

furth er request of the Directo r.

§ 1 1 .1 4 Notice o f assessment.

The Director shall notify the respo ndent by a written no tice of assessment, by 

personal service or by r egistered o r cert ified mall, return receipt requested, of his 

decision pu rsu an t to S 1113. He sh all set 

forth the rein the fac ts and conclusions 

upon which h e decided th at the violation 

did occur and appro pri ateness of the 

penalty assessed

§ 1 1 .1 5 Req ue st fo r a hearing.

Except where a righ t to request a hearing Is deemed to have been waived as 

provided in I 1111, the respon den t may. 

within 45 cale ndar days from t he date of 

the notice of assessment referred to in 

§ 11.14, file a d ated, written request for a 

hearing with th e Hearings Division. 

Office of Hearings and Appeals. U S Departm ent of the Interior. 4015 Wilson 

Boulevard. Arlington. Virginia 22203 

The request shou ld sta te the respo ndent's preference as to the place a nd date 

for a hearing . The request mu st enclose a 

copy of t he notice of violation an d notice 

of assessment. A copy of th e request shall 

be served upon the Director personally or 

by registered or certified mall, retu rn 

receipt requested, a t the a ddre ss specified 

in the notice

§ 11 .1 6 F in al adm in is tr ative der is io n.

(a) Where no request for a hea ring Is 

filed as provided in I 11.15 the Directo r’s 

assessment shall become effective and 

shall constitu te the final adm inistrative 

decision of the Secreta ry on the 45th 

calend ar day from the d ate of th e notice 

of assessment

< b ) If a requ est for a hearing Is timely 

filed in acco rdan ce with | 11.15. the date 

of th e final ad mi nistrative decision In the 

matt er shall be as provided In S ubpart C 

of this part.

§ 11.1 7 Pa ym ent o f final assessment.

When a final administrative decision 

becomes effective In a ccordance with this 

Pa rt 11. the resp ond ent shall have 20 

calend ar days from the da te of the final 

adm inistrative decision within which to 

make full pay ment of th e penalty assessed. Payment will be timely only If 

received in Office of the Director during 

norm al business hours, on or before the 

20th day. Upon a failure to pay the penalty, t he Solicitor of the Departme nt may 

request the Attorne y G eneral to inst itute 

a civil action in the U.8. Distr ict Court to 

collect th e penalty.

Subpart C— Hearing and Appeal

r.vcedures

§ 11 .21 C om m en cem ent o f h earing pro ­

cedures .

Proceedings und er this subpart are 

commenced upon the timely filing with

the Hearings Division of a requ est for a 

hearing, as provided in § 11.15 of Sub ­

pa rt B Upon receipt of a request for a 

hearing, th e H earings Division will assign 

an admi nistrative law judge to the case. 

Notice of assignment will be given 

promptly to the parties, and the rea fte r, 

all pleadings, papers, and other documents in the proceeding shall be filed 

directly with the adm inistrativ e law 

judge, with copies served on the opposing 

party.

§ 11. 22 Appea ra nce u nd prn cl ice.

<a> Sub ject to the provisions of 43

CFR 1.3. the resp ond ent may app ear in 

person, by represe ntative, or by counsel, 

and may particip ate fully in thes e proceedings.

<b) De partm ent counsel designated by 

the Solicitor of th e D epartme nt shall re present the Director in these proceedings. 

Upon notice to the D irector of th e assignmen t of an admi nistrative law judge to 

the case, said counsel shall en ter his ap ­

pearance on beh alf of the Direct or and 

shall file all petitio ns and corre spondence 

exchanged by the Director an d the re ­

spon dent pu rsu ant to Subp art B of this 

Part, which shall become part of the 

hearing record. There ina fte r, service upon th e Director in these proceedings shall 

be made to his counsel.

§ I 1.2 3 H ea rings.

(a ) The administrative law jud ge shall 

have all powers accorded by law and 

necessary to preside over the partie s and 

the proceedings and to make decisions in 

accordance with 5 U.S.C. Sections 554- 

557. Failure to appear at th e time set for 

hearing shall be deemed a waiver of the 

righ t to a hearing and conse nt to the 

making of a decision on the record made 

at the hearing . Copies of th e tra nscript 

may be inspec ted or copied

(b, Th e tra ns cript of testimon y, the 

exhibits, and all papers, documents, and 

requests filed in the proceedings, shall 

con stitute the record for decision. The 

judge will ren der a w ritt en decision upon 

the record, which shall set fo rth his fin dings of fac t and conclusions of law. and 

the reasons and basis therefor, and an 

assessment of a penalty. If any.

§ 11.2 4 F in al adm in is tr ative ac tio n.

Unless a notice of request f or an appeal 

is filed in acco rdance with | 11.25 of this 

Sub part C. the a dm ini strativ e law judge's 

decision shall constitu te the final ad ­

min istrative determination of the Secretar y in the m at te r and shall become effective 30 calen dar days from the date 

of the decision.

§ 11.2 5 A ppea l.

(a> Eithe r the respondent or the Director may seek a n appeal from the decision of an administrative law judge 

rende red subsequ ent to Janu ary 1. 1974. 

by t he filing of a "Notice of Request for 

Appeal" with the Director. Office of 

Hearings an d Appeals. United States Departm ent of the Inte rior. 4015 Wilson 

Boulevard. Arlington. Virginia 22203. 

within 30 calen dar days of the date of 

the administrative law judge's decision. 

Such notice shall be acco mpanied by

proof of service on the adm inistra tive 

law judge and the opposing party.

< b » Upon receipt of such a request, the 

Director. Office of Hearings a nd Appeals, 

shall app oint an ad hoc appeals board 

to dete rmine wheth er an appeal should 

be gran ted, and to he ar an d decide an 

appeal. To the ex ten t they are not incon siste nt here with , the provisions of 

Subp art G of the De partm ent Hearings 

an d Appeals Procedures in 43 CFR Pa rt 

4 shall apply to appeal proceedings under this Sub part. The determ ina tion of 

the board to gr an t or deny an appeal, as 

well as its decision on the me rits of an 

appeal, shall be in writing and become 

effective as the final administrative determination of the Secret ary in the proceeding on the d ate it is rendered, unless 

otherwise specified therein.

§ 11.2 6 R eport in g servic e.

Copies of decisions in civil penalty proceedings instit ute d under sta tutes referred to in Su bpart A of this Pa rt and 

rendered subseq uent to June 3. 1970. may 

be obtaine d by le tter of re quest addressed 

to the Director. Office of Hea rings and 

Appeals. United State s De partm ent of 

the Inte rior. 4015 Wilson Boulevard. 

Arlington. Virginia 22203. Fees for this 

service shall be as established by the 

Director of t hat Office.

PART 12— SEIZURE AND FORFE ITURE

PR OC ED URES

Subpart A— Introduction

Sec

12.1 Purpose of regulation s.

12 2 Scope of regulations

Subpart B— Holding. Bonding, and Return of

Certain Wildlife or Other Property

12.11 No tification of seizure. .

12.12 Seizure by Customs.

12.13 Bonded release

12 14 Return of seized wildlif e or oth er

pro perty.

12 15 Aband on ment provisions.

Subpart C— (Reserved)

Au TH oarrv: Lacey Act. 83 S ta t. 279-281 (18

U.S C. 42-4 4): End ang ered Species Conservatio n Act of I960 , sec 4 (e ). 83 Sta t 278 (16

U.S.C. 668c c-4); Bald Eagle Protec tio n Act.

sec 2. 54 St at 261 <16 U B C 66 8a ); Marine

Mam mal Protection Ac t of 1972, sec 11 2(a),

86 St at 1042 (16 U S C 1382); Pish and W ild ­

lif e Act of 1956. see 13. 86 St at . 480. as

amend ed. 86 Stat 905 (16 U B C 742J -1).

Subpart A— Introduction

§ 1 2 .1 PurpoM * o f r egula tions.

The regu latio ns in this pa rt provide 

rules and procedures for the seizure, 

holding, bonding, aband onm ent , and 

forfeiture of wildlife and other property, 

which under certa in laws enforced by 

the Bureau are sub ject to seizure and 

forfeiture.

§ 12 .2 Scope o f re gula ti on*.

(a) The regu lati ons .con taln ed in Sub ­

pa rt B of this Pa rt apply only to actions 

arising under the following laws and regulations issued the reu nder:

Ia cey Act. 18 U S C 43

End ang ered Species Co nservation Ac t o f 1969.

16 U B C «8 8c c-l to 668cc-6. and Marine

Mam mal Protec tio n Ac t of 1972. 16 U.8.C.

1361 1384 and 1401-1407

FEDERAL REGISTER, VO t 39. NO 3— FRIDAY. JANUARY 4. 1974
201

RULES AND REGULATIONS 1161

(b) The regulati ons contained In Subpa rt C of this Par t apply only to actions 

arising und er the following laws and regulations issued the reu nder:

Bald Ea gle P ro te ctio n A ct, 16 U B.C 668-

668d; and

Pleh and W il d li fe A ct of 1956. 16 U B C .

7411-1.

Subpart B— Holding, Bonding, and Return

of Certain Wildlife or Other Property

§ 1 2 .1 1 N o ti fic ati o n o f se izure .

Except where the owner or consignee 

Is personally notified or seizure Is made 

pu rsu ant to a sea rch wa rrant, the Direc tor shall, as soon as pra cticab le following his seizure or other receip t of 

seized wildlife or other prop erty, mall a 

notifica tion of seizure by registered or 

certified mall, retu rn receipt requested, 

to the owner or consignee, if known. 

Such notificatio n shall describe the 

seized wildlife or other property, and 

shall sta te the time, place, and reason 

for the seizure.

§ 1 2 .1 2 Seiz ure by ('.untoma.

Any authorized employee or officer of 

the U S Customs Service who has seized 

any wildlife or othe r property shall deliver such seizure to the app ropriate 

Special Agent In Charge (See ! 10.22 of 

this su bchapter) , or his designee, who 

shall either hold such seized wildlife or 

oth er property or a rra ng e for Its prop er 

han dling an d care.

§ 1 2 .1 3 Bonde d rrlcnite.

The Director may, In his sole disc retion, accept an ap peara nce bond or o ther 

security In place of wildlife or oth er 

property seized. Said bond or security 

may con tain such add itio nal conditions 

as may be ap pro pri ate. Such bond or security may be In an am ount up to 

*10.000 per offense an d shall only be allowed where the Directo r dete rmines either th at the he alt h or safety of any 

wildlife so requires, or th at the release 

of the seized wildlife or oth er property 

would not fru strate the purposes of tha 

sta tute.

§ 12.1 4 R etu rn o f seize d w il d li fe or

oth er p ro p ert y.

If. at th e conclu sion of the ap propriate 

proceedings, the seized wildlife or oth er 

prop erty is to be ret urn ed to the owner 

or consignee, the Directo r shall Issue a 

let ter or oth er docume nt authorizin g Its 

ret urn . This let ter or other documen t 

shall be delivered personally or sent by 

registered or certified mall, return receip t requested, and shall iden tify the 

owner or consignee, the seized property, 

and. If app ropriate, the bailee of the 

seized wildlife or othe r p roperty. It shall 

also provide th at upon prese nta tion of 

the let ter or other document and prop er 

identification , t he seized wildlife or oth er 

property Is author ized to be released, 

provided It Is properly m arke d In accordance with applicab le St ate or Federal 

requirements.

§ 12.1 5 A bandonm en t p ro vis io n..

When any wildlife or other property 

Is sublect to seizure and forfeiture, a

blan k a ssent to forfe itu re form (Customs 

Form 4607. or a sim ilar Bureau form ) 

may be given or sen t, with the notific ation required by i 11.11 or by ! 12.11, to 

the owner ther eof. Th e owne r may voluntarily aband on the wildlife or oth er 

property to th e Gove rnm ent by executing 

and retur nin g the assent to forfeiture 

form. Such abandonm ent will be con ­

sidered by the D irec tor In the disposition 

of t he case, and may be the basis fo r the 

compromise of any proposed assessment 

of a civil pen alty under Par t 11 of this 

Subch apter B

Subpart C— [Reserved]

PART 13— GENERAL PERMIT

PROCEDURES

Subpart A— Intro du ction

Sec

13.1 Ge ne ral.

13.3 Pu rpos e o f re gula tions.

13.3 Scope o f re gula tions.

13.4 Em erge nc y v a ria ti o n fr o m re q uir em en ts.

Subpart B—Ap plicatio n for P erm its

13.11 Proc ed ur e fo r o b ta in in g a pe rm it.

13.12 In fo rm a ti o n re q uirem en ts on p e rm it

ap plications.

13.13 Ab an do ne d ap plica tion .

13.14 In su ff ic ie n t fee

Subpart C— Pe rmit Ad ministration

13.21 Iss ua nc e o f pe rm its

13.22 D u ra tio n o f p e rm it.

13.23 Am endm ent of ap plica tion s or perm its.

13.24 Ren ew al o f pe rm it.

13.25 P erm its n o t tr ansfe ra ble ; agen ts.

13.26 R ig h t o f succes sio n by c ert a in persons

13.27 Ch an ge o f m a il in g address

13.28 Ch an ge In na me

13.29 Officia l endo rs em en t of ch an ge s re ­

quired.

13.30 C ert a in con tln u a n cy of a c ti v it y .

13.31 D is continuance o f a cti vity.

Subpart D—Con ditions

13.41 Recall an d am endm ent of p e rm it d u rin g it s te rm .

13.42 P erm its are sp ec ific.

13.43 A lte ra tio n o f perm its.

13.44 Dis pla y o f pe rm it.

13.45 F ilin g of re por ts.

13.46 M ain te nance o f reco rds.

13.47 In spe ction re quirem ent.

Subpart E— Vio lation s of tha Permit

13.51 Pe na lties fo r v io la ti o n o f a pe rm it;

no tice; de m on stra tion o f co m p liance.

Au th o m it t— La cey Act. 62 S ta t. 687. as 

am ended. 63 S ta t 89. 74 S ta t 753. an d 83 

Sta t 281 (18 U.S.C. 42-4 4); Bla ck Bass Ac t. 

sec. 5. 44 Sta t. 576, as am en de d. 46 S ta t. 846 

(16 U.S.C. 85 2c ); M ig ra to ry B ird T re aty Act. 

sec 3. 40 S ta t. 755 (16 U A C . 70 4); Bald Eagle 

P ro te ction Act. sec. 2. 54 S ta t 251 (16 U.S.C. 

66 8a ); T a rif f C la ssific ation A ct o f 1962, 19 

UB. C. 1202. -S chedule 1. P a rt 15D. Hea dn ote 

2 (d ). T a rif f Sc he du les o f th e U n ite d Sta te s; ” 

54 S ta t 251; End an ge red Species Con se rvati o n A ct o f 1969. sec 4 (e ). 83 S ta t 278 (16 

U.8.C . 668CC-4); Fish and W il d li fe A ct o f 

1956. sec. 13(d ), 86 S ta t. 905 am endin g 85 

S ta t 480 (16 U.8.C . 74 2J -1 ); M arine M am mal 

Pro te ction A ct o f 1972. sec 112(a ). 86 Sta t 

1042 (16 U.8.C. 1382); A ct o f A ugust 31. 1951. 

Ch . 376. T it le 5. se ctio n 501. 65 S ta t. 290 ( 31 

UB.C 483a)

Subpart A— Introduction

§ 13 .1 Gener al.

Each person i nte nding to eng age in an 

activity for which a perm it is required by 

this Sub cha pter B shall, before commencing such activity , obtain a valid 

permit auth orizing such activ ity. Each 

perso n who desires to obtain the permit 

privileges auth orized by this Subchapte r 

B must make application f or su ch permit 

in acco rdance with the requirements of 

this Pa rt 13 and the other regulatio ns in 

this Subch apter B which set fo rth the 

additional requ irem ents for the specific 

permits desired. If the activity f or which 

perm ission is sou ght is covered by the 

requirem ents of more th an one Pa rt of 

this Subch apter B. th e requirements of 

eac h Pa rt must be met. If the inform ation required for each specific permitted 

activity is included, one application will 

be accepted for all permits required, and 

a single perm it will be issued.

§ 1 3 .2 Pu rp os e o f r egula ti on*.

The regulatio ns con tained in this pa rt 

will provide uniform rules an d procedures for application, issuance, renewal, 

conditions, revocation, and general ad ­

ministration of perm its issuable p urs uant 

to th is Subchapter B.

§ 13.3 Sc ope o f re gu la tions.

The provisions In this pa rt are in ad ­

dition to. and are not in lieu of. oth er 

permit regulati ons of this sub cha pte r B 

and apply to all permits issued thereunder. including “Im po rt and Ma rkin g” 

(P art 14), “Feathe r Impor ts" (Part 15), 

"In juriou s Wildlife" (P ar t 16), "E nd an ­

gered Wildlife" (P art 17). "Marin e Mammals” (P art 18), “Migratory Birds” 

(P art 21). and “Eagles" (P art 22).

§ 13.4 Emer gen cy variation fr o m re ­

quirem en ts .

Th e Director may approve vari atio ns 

from the re quirem ents of this par t when 

he finds th at an emergency exists and 

th at the proposed variations will not 

hinder effective admi nistr ation of this 

Subchapte r B, a nd will not be un lawful.

Subpart B— Application for Permits

§ 13 .1 1 Pro ce dure fo r o bta in in g a perm it .

Th e following general procedures ap ­

ply to app lications for perm its:

(a) Forms.— Applications m ust be submitted on a n ap pro priat e Bureau application form, except for tho se application s 

for which the regu lati ons provide th at 

a let ter app lica tion which con tains all 

necessary’ info rma tion, att ach me nts, 

certification, and sig natur e is acceptable. 

In no case will ora l or telephoned ap ­

plications be accepted.

(b) Forwarding instructions.—Applications must be su bmitte d t o t he Special 

Agent in Charge of the Law Enforce ­

me nt Dis trict in which the applican t resides. unless otherwise required in the 

section which applies t o the specific permit desired Perso ns no t residing in the 

United State s must sub mit application s 

to the Director. The add ress of such officials are listed in 55 10.21 and 10.22 of 

this subc hapter.

FEDERAL REGISTER, VOL 39, NO. 3— FRIDAY, JANUARY 4, 1974
202

1162

(c) Time requirement.—Applications 

must be received by the appropriate official of the Bureau at lea st 30 calendar 

days prior to the date on which the ap ­

plicant desires t o have the perm it made 

effective. TTie Bureau will, in all cases, 

att em pt to process app lica tions in the 

sho rtest possible time, and most complete 

and properly addressed app lications will 

be acted o n within 30 days. The Bureau 

does not, however, gua ran tee 30 day issuan ce and some perm its cann ot be issued within th at time period.

(d ) Permit fees.—Applications m ust be 

accom panied by a permit fee in the form 

of a check or money order made payable 

to “Bureau of Spo rt Fisheries and Wild ­

life” for those permits for which a fee is 

shown on the following schedule Such 

permit fees shall not be refun ded if th at 

application is denied.

Ty pe of perm it Fee

Fe ath er im po rt qu ota (p ar t 15 o f this

su bchap te r) :

Im portat io n or e n t r y ........................ <10

Marine mam mals per m it* (p art 18 of

th is subchap te r) :

Sc ientific re se ar ch................. Indiv id ual

basis

Public display ............. .... Indiv id ual

baaea

| 19.1 2 Inform ation requirement* on

permit application*.

(a) Oeneral info rma tion required for

all pe rmit applications.—All applications 

for permit* must con tain the following 

Inform ation:

(1) App licant's name, mailing address, 

and phone number;

(2 ) Where the applican t is an individual. his date of birth, heig ht, weight, 

color of h air , color of eyes, an d sex; and 

business or institutional affiliation, if 

any. having to do with the wildlife to be 

covered by the permit;

<3> Where the applican t is a corporation. Arm. partne rship, institu tion, or 

agency, e ith er priv ate or public, th e name 

and ad dress of t he pres ident o r p rincipal 

officer;

<4 > Location where the perm itte d ac ­

tivity is to be co ndu cted;

(5) Pa rt and section of this sub chapter B under which the permit Is requested 

and such additional info rma tion and 

Justification, including sup porting documents from appropriate auth orities, as 

required by th at section (Parag rap h <b> 

of this section contains a list of sections 

of this sub cha pte r B where the add itional Information needed on app lications for various pe rmits may be foun d.)

(fl> Where the perm itted activity involves a n importation from any foreign 

country which restric ts th e taking, possession. transp ortation, exporta tion or 

sale of wildlife, the appro pri ate documentation. as indicate d in I 14 .42 of this 

subchapter;

(7) Certification in the following 

langua ge:

I hereby ce rtify th a t I have read and am

fa m ilia r w ith th e regu latio ns con tained In

T it le 50. Part 13. of th e Gode of Federal

Regu latio n* and the ot he r applicable par t*

in Subchapte r B of Chapter I o f T it le 50. and

I fu rther ce rtify th at the In fo rm atio n submitte d In th is applicati on fo r a per m it la

com plete and accura te to th e beat of my

RULES AND RE GU LA TION S

knowledge and belief I understan d th at any

false sta tem ent hereon may subject me to

th e cr im inal penalties of 18 U S.C , 1001.

< 8 > Desired effective date of perm it except where Issuance date is fixed by the 

pa rt under which the permit is issued; 

<9» Date;

(10) Signatu re of the ap plican t; and

(11) Such oth er info rmation as the 

Director determ ines relevant to the processing of the application.

(b » Additional information required on

permit applications.— As sta ted in pa ragra ph < a > /5) of this section cert ain ad ditional information is required on all ap ­

plications. These a dditional requirements 

may be found by refe rrin g to the section 

of this subchapter B cited afte r the type 

of perm it for which applica tion is being 

made:

Type or perm it Section

Im portat io n at nonder lgnate d ports

Scie nti fi c....................................... ...... 14. 31

De ter ioratio n prev en tio n. . . . . 14 32

Economic har ds hip......................... 14 33

Marking of package or co ntaine r

Symbol m ark in g............................ 14 83

Feath er im po rt quota :

Im po rtation or e ntr y. ............. 16.21

In ju riou s wildlife:

Im portatio n or sh ip m en t................. 16 22

Endangarsd wildlll s pe rm its .

Economic hardsh ip............................ 17 22

Zoological, sd ucatlonal. scien tific

or prop agation ................................ 17 23

Marins mamm als perm its

Scientific research ................ 18 21

Pu blic display.............................. 18.31

Migratory bird permits

Im port or ex port............. 21.21

Banding or mar king..........................21 22

Scientific colle cti ng ............................21 23

Taxiderm ist .......... ............................. 21 24

Wate rfo wl sale and disposal........... 21 25

Special av lc ulturlst ............................21 26

Special purpose__ _____ _________ 21 27

Falcon ry ............................................ 21 28

Depre dation co nt rol..........................21 41

Eagle permits

Scientific or ex hib itio n......................22 .21

Indian religious u s e .. ...................... 22 22

Depredation c o n tro l. ..; .................. 22 23

Falconry purposes........... ................... 22 24

g 13.13 Abandoned application.

Upon receipt of an incomplete or improperly executed application, the app lica nt shall be notified of t he deficiency in 

the application If the applicant fails to 

supply the deficient inform ation or ot herwise fails to corr ect the deficiency 

within 60 days following t he da te of no tification. the application shall be considered abandoned and the permit fee shall 

not be returned.

8 19.14 Ins uffic im l fee.

Upon receipt of an app lica tion filed

with an insufficient fee. or withou t fee 

where one is required, the application 

and any fee submitted will be retu rne d 

to the applicant.

Subpart C— Permit Administration

8 13.21 Issuance of permits.

(a) No permit may be issued prio r to 

the receipt of a written application 

therefo r, unless a wri tten variation from 

the requirem ents, as au thorize d by I 13.4. 

is in serted into t he official file of t he Bureau An oral or writte n r epr ese nta tion of 

an employee or agent of the United

State s Government, or an a ction of such 

employee or agent, shall n ot be construed 

as a perm it unless it meets the requ irements of a permit as defined in 50 CFR 

10.12.

<b» Upon receipt of a properly execute d application for a permit, the Director shall issue the app-opriate perm it 

unles s—

(1) The applica nt has been assessed a 

civil penalty as convicted of any civil or 

crim inal provision of any s tat ute o r reg ulation relating to the activ ity for which 

the application is filed, if such assessme nt or conviction, evidences a lack of 

responsibility;

<2> The app licant has failed to disclose material info rma tion required, or 

has made false sta tem ents as to any m aterial fact, in connectio n with his 

application;

»3» The applica nt has failed to demonstra te a valid just ificatio n for th e perm it 

and a showing of responsibility;

<4» The authorization requested potentially threa ten s a wildlife population, 

or

< 5 > The Director finds th rou gh further 

inquiry or investigation, or otherwise, 

th at the app licant is not qualified

<c» Each permit shall bear a serial 

number. Such n umber may be reassigned 

to the perm ittee to whom issued so long 

as he main tains c onti nuity of renewal.

(d) The applicant shall be notified in 

writing of the denial of any perm it request. and the reasons ther efor. It au ­

thorized In the notice of denial, the ap ­

plican t may submit furth er informa tion, 

or reasons why the perm it should no t be 

denied. Such furth er submissions shall 

not be considered a new application. The 

final action by th e D irector shall be considered the final adm inistrativ e decision 

of the D epartment

§ 13.2 2 D u ra li o n o f p erm it.

Permits shall entitle the person to 

whom Issued to engage in the activity 

specified in t he permit, within the limitations of the applicab le s tatute and regulations contained in this sub chapt er B. 

for the period sta ted on the permit, un ­

less sooner term ina ted

8 13.2 3 Amen dmen t o f applicati on* or

perm it*.

Where circumstances have changed so 

th at an app licant or perm ittee desires to 

have any term or condition of his application or perm it modified, he must submit in writing full justificatio n and supporting inform atio n in co nforman ce with 

the provisions of this pa rt and the pa rt 

under which the permit has been issued 

or requested Such appli cations lor m odification are subject to the same issuance 

criter ia as are original applications, as 

provided in I 13.21.

§ 13.2 4 Ren ew al of p erm it.

Where the permit is renew able and a 

perm itte e intends to con tinue the activity described in the permit during any 

portion of the yea r ensuing its expiration, 

he shall, unless otherwise notified in 

writing by the Director, file a reques t for 

permit renewal, together with a certified 

statem ent th at the Info rmation in his

FfOCBAL RECISTfR. VO t. 24, NO 3— HtlDAY. JANUARY 4. 1474
203

RULES ANO REGULATIONS 1163

original applica tion is s till c urrently cor ­

rect. or a statem ent of all changes In th e 

original applicatio n, acco mpa nied by anyrequired fee at leas t 30 days p rior to the 

exp iration of his permit Any perso n 

holding a valid renewable perm it, who 

has complied with the foregoing provision of this section, may con tinue such 

activities as were authorized by his expired permit un til his renewal applica ­

tion Is acted upon

| 13.25 P e rm it * no t tr an s fe ra b le ; sa en ls.

(a) Permits issued und er this pa rt are 

not tra nsfer able o r assignable 8ome permits auth orize certa in activities In con ­

nection with a business or commercial enterpris e and in the even t of any lease, 

sale, or tra ns fer of such business entity, 

the successor mu st obtain a permit prio r 

to con tinuing the permitted activity 

However, ce rta in limited r igh ts of succession are provided In 1 13.26.

<b> Except as otherwise s tat ed on the 

face of a p ermit, any person who Is under 

the direct con trol of the perm ittee, or 

who Is employed by or und er contract to 

the permittee fo r the purposes authorized 

by the perm it, may carry out the activity 

auth orized by t he permit.

§ 13.2 6 Rig ht o f su rrea aion by rrrta in

p en o n *.

(a) Ce rtain persons, oth er th an the 

perm ittee , a re grant ed the rig ht to carry 

on a permitted activity for the rem ain ­

der of the term of a cu rre nt permit provided they comply with the provisions 

of parag raph (b) of this section Such 

persons are th e following:

(1) Th e surviving spouse, child, executor. admi nis tra tor , or othe r legal representative of a deceased permitte e; and

(2) A receiver or truste e In bankruptcy or a court designa ted assignee 

for th e benefit of creditors

<b> In ord er to secure the rig ht provided In this section, the person or persons desiring to con tinue the activity 

shall furnish th e permit to the Issuing 

officer for end orsement within 80 days 

from the date the successor begins to 

carry on t he activity.

§13 .27 C l .m ge o f m a ilin g a ddm«* .

During the ter m of his permit, a permittee may change his mailing address 

without procuring a new perm it. However. In every case notifica tion of the 

new mailing address must be forwarded 

to the Issuing official within 30 days 

after such change This section does not 

auth oriz e the change of location of the 

permitted activity for which an amend ­

ment must be obtained In acco rdan ce 

with 1 13.23

§ 1 3 .2 8 C han ge in nam e.

A permittee con tinuing to conduct a 

permitted activity is not required to obtain a new perm it by reason of a mere 

change In tra de name under which a 

business Is conducted or a change of 

nam e by reason of ma rriage or legal decree : Provided, Tha t such p erm itte e m ust 

furnish his perm it to the Issuing official 

for endorsement w ithin 30 days from th e 

date the p erm itte e begins cond ucting the 

permitted activity und er the new name.

§ 13.2 8 O ff ic ia l cn dora cm enl o f rh an g r*

re quir ed.

Any ch ang e In a perm it mutt be made 

by endorsement of the Director or Issuing officer Any modification or change 

In an Issued permit, other th an those 

specifically provid ed tor In this subpart, 

may be grante d or denied In the discretion of the Director.

§ 13.3 0 C ert ain ro n li n u a n ry o f oelivi ly .

A permittee who furnishes his permit 

to the Issuing official for endorsement 

or c orre ction In comp liance with the provisions of this su bp art may con tinue his 

ope ratio ns pend ing Its retu rn.

§ 13 .31 D is continuance o f a ctivity.

When any permittee disc ontinues his 

activ ity, he shall, within 30 days thereof, 

mail his perm it an d a requ est for cancellation to the Issuing officer, and said 

per ml l shall be deemed void upon re ­

ceipt. No refu nd of any pa rt ot an amount 

paid as a perm it fee shall be m ade where 

the operations of the permittee are, for 

any reason, disc ontinued during the t en ­

ure of an Issued permit

Subpart D—Conditions 

§ 13 .4 1 Rec al l and am endm ent o f perm it d uci ng it * t ee m.

Except tor marine mam mal perm its 

(See P ar t 181. all permits ar e Issued subjec t to the cond itio n t hat the B ureau reserves the rig ht to recall and amend the 

provisions of a permit for Just cause at 

any time during Its term. Such am endmen ts tak e effect on the d ate of notification. unless otherw ise specified 

§ 13.4 2 Per mil* are specifie.

The autho rizations on th e face of a 

permit which set forth specific times, 

dates, places, methods of taking, numbers and kinds ot wildlife, location of activity. authorize certa in circumscribed 

transactio ns, or otherwise permit a specifically limited matt er, a re to be str ictl y 

construed and shall not be Interpre ted 

to permit s imilar o r related matt ers o utside the scope of strict con stru ctio n 

§ 13.4 3 A lt era ti on o f p erm it*.

Permits shall not be altered, erased, o r 

mutilat ed, an d any permit which has 

been altered, erased, or mutilated shall 

Immediately become Invalid. Unless specifically permitted on the face thereof, 

no permit shall be copied, nor shall any 

copy of a perm it issued pu rsu ant to this 

Subch apter B be displayed, offered for 

Inspection, or otherwise used for any 

official purpose for which the permit was 

Issued

§ 13.4 4 D is pla y o f p erm it.

Any permit issued u nder this part shall 

be displayed for Inspec tion upon request 

to the Directo r or hts agent, or to any 

oth er person relying upon Its existence 

§ 13.4 5 F il in g o f r epo rt *.

Permittees may be required to file reports of the activities cond ucted under 

the permit Any such rep orts sha ll be filed 

not lat er th an March 31 for the prec eding calenda r year endin g December 31. or

any portion thereof, during which a permit was in force, unless the regulatio ns 

of this sub cha pte r B or the provisions of 

the perm it set forth oth er repo rting 

tequ irem ents.

§ 13.4 6 M ain te nance o f records.

Prom the date of Issuance of the pe rmit. the permittee shall main tain com ­

plete and acc ura te records of any taking, 

possession, tra nsporta tion, sale, pu rchase. barter, exp orta tion, or Im portation of wildlife p ursuan t to such perm it 

Such records shall be kept cu rren t and 

shall include names and addresses ot

person s with whom any wildlife h as been 

purchased, sold, bartere d, or otherwise 

transferred , and the date of such tran saction. and such oth er info rmation as

may be required or app ropriate. Such 

records, unless otherwise specified, shall 

be entered In books, legibly wr itten In 

the English lang uage 8uch records shall 

be retain ed for 5 years from the da te of 

Issuance of th e permit.

§ 13.4 7 In spe ct io n re quir em ent.

Any perso n holding a perm it under 

this sub cha pte r B s hall allow the Dire ctor's age nt to en ter his premises at any 

reaso nable hour to inspect any wildlife 

held or to Inspect, audit, or copy any 

permits, books, o r records required to be 

kept by regulati ons of this su bchap ter B

Subpart E—Violations ot the Permit 

§ 13 .51 Pe nalties fo r vi ola tion o f a perm it , n o ti ce; dem onstration o f co mplia nee .

ia> Any violation of the applicable 

provisions of this Sub chapter, or of the 

sta tute under which the perm it was Issued. or a con dition of the perm it, may 

subject the permittee to the following 

penalties:

ill The penalty provided In the sta tute under which the permit was Issued;

121 Temporar y suspension of the pe rmit for a specified period: and

(3) Revocation of the perm it. When 

revoked, permits must be surren dered to 

the Director on demand

(b) Except in cases ot wlllfullness or 

those In which the public he alt h safe ty 

or Interes t requires, and prior to a ny s uspension or revocation of a perm it, the 

permittee shall be g iven:

(1) Notice by th e Bur eau In writing 

of the fac ts or conduc t which may wa rra nt the suspension or revocatio n; and

<2) Oppor tunity to demo nstrate or 

achieve compliance with all permit 

requ irem ents

PART 14— IMPORT. EXPORT, AND INTER

STATE TRANSPORTATION OF WILDLIFE

Subpart A— Introduction Sec

14.1 Purpose of reg ulations.

14.3 Scope of regu latio ns

14.3 Definition

Sub part B— Importation at Designated Ports

14 11 General res trict ion s

14 13 Desig nated ports

14.13 Emergency diversion.

14.14 In -tra ns lt sh ipments

14.1ft Personal and house hold effects.

14.10 Can adian and Mexican wildlife

14.17 Oceanic sport fisherme n

14 18 Marine mamm als

WOMAl KICISTfl, VCH MO J— HMOAY, JAMUAiY 4. 1*74
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1164 RULES AND REGULATIONS

Sec.

14.19 Imports Into Alaska. Puerto Rico, or 

the Virgin Islands.

14.30 Exceptions by permit.

14.21 Shellfish and fishery products.

14.22 Tropical, ornament al, and aquariu m

fish

Subpart C— Designated Port Exception Permits

14.31 Permits to Import wildlife at nondesignated port for scientific purposes.

14.32 Perm its to impo rt wildlife a t nondeslgnate d ports to minim ize deterioratio n or loss.

14.33 Perm its to Import wildlife a t nondeslgnate d ports to alleviate und ue economic hardship.

Subpart D—Foreign Documentation

14.41 Foreign documenta tion requiremen t.

14.42 Definition of foreign doc umentation

14.43 Exceptions to foreign doc umentation

requirement.

Subpart E—inspection and Clearance of

Importations

14.61 Inspe ction of Imported wildlife.

14.62 Clearance of imported wildlife.

14.63 Clearance procedure.

14.64 Unavailability of Bureau agents.

14.56 Exceptions to clearance requ irem ents.

Subpart F— Declaration for Importation of

Wildlife

14.61 Declaration requirem ent.

14.62 Exceptions to declaration requirem ent. 

Subpart G— Export of Wildlife to Mexico

14.71 Permit to expo rt game mamm als to 

the United Mexican States

Subpart H— Marking Requirements for Certain

Shipments

14.81 Marking package or conta iner.

14.82 Exceptions to the mar king requirement.

14.83 Symbol marking permit.

Authority: Lacey Act. 62 Stet. 687, as

amended. 63 Stat. 89. 74 Sta t. 753. and 83 

Stat 281 (18 US.C. 42-44); Endangered

Species Conservation Act of 1969. sec 4(e ), 

83 Sta t. 278 (16 U.S.C. 668cr 4,. Marine Mammal Protection Act of 1972. sec. 112(a). 86 

Stat. 1042 (16 US.C. 1382); Eagle Act. sec 2. 

54. Sta t 251 (16 US.C. 668a); Act of August 31. 1961. Ch. 376, Title 6 sec tion 601. 66 

Sta t 280 (31 US.C 483a); Black Bass Act. 

44 Stat. 576. Sec. 5. as amended. 83 Stat. 281 

(16 US.C 862c).

Subpart A— Introduction

§ 1 4 .1 Pu rpos e o f regula ti on*.

The regulatio ns contained in this P ar t 

provide unifo rm rules and pro cedures for 

the Importation, exp orta tion, and intersta te transpo rta tio n of wildlife.

§ 14 .2 Scope o f re gu la tions.

The provisions in this pa rt are in ad dition to. a nd a re no t in lieu of, other regulations of t his su bch apter B which may 

require a permit or prescribe additional 

restrictions or conditions for the impor ­

tatio n. exp orta tion, a nd in ter sta te tra ns ­

portation of wildlife. (See also Pa rt 13.) 

§ 14 .3 D efi n it io n .

In add ition to definitio ns contained in 

Pa rt 10 of this sub chapte r, an d unless 

the context otherwise requires in this 

Pa rt H: "Sp ort fisherm en” means a person who takes fish for recr eational 

purposes

Subpart B—Importation at Designated 

Ports

§ 14 .11 Gener al re strictio ns.

Except as otherwise provid ed in this

part, no person shall imp ort or cause to 

be imported any wildlife into the United 

Sta tes at any place other than a Customs port of e ntry designa ted in S 14.12.

§ 14 .1 2 Des igna ted po rts.

The following Customs ports of entry 

are designated for the importation of 

wildlife and shall be referred to hereina fte r as “designated ports":

(a) New York. N Y.;

<b> Miami. Fla.;

(c ) Chicago, Ill.;

(d) San Francisco, Calif.;

(e) Los Angeles, Calif.;

( f) New Orleans. La.;

(g) Seattle. W ash.; and

(h) Honolulu. Hawaii.

§ 1 4 .1 3 Em erg en cy dive rs io n.

Wildlife which has been imported into 

the United States at any port or place 

other th an a desig nated port solely as a 

resu lt of a diversion due to an air craf t 

or vessel emergency may proceed as an 

in-tran sit shipm ent u nde r Customs bond 

to a desig nated port, or to any por t 

where a permit or other provision of t his 

pa rt provides for lawful entry.

§ 1 4 .1 4 In -t ra n sit sh ip m en ts.

Wildlife destined for a point within or 

outside the United State s may be im ­

porte d into the United State s a t any por t 

if such wildlife proceeds a s an in-tr an sit 

ship ment und er Customs bond to a designated port, or to any por t where a 

permit or other provision of this par t 

Drovides for lawful entr y.

§ 14.1 5 Perso na l an d hou se ho ld effects.

<a> Wildlife products or manu fac ­

ture d articles which are not in tend ed for 

sale and are worn as clothing or con ­

tained in accom panying personal bag ­

gage may be imp orted into the United 

Sta tes at any Customs po rt of entry. 

Provided. Tha t this exception to the designated port requ irem ent shall n ot apply 

to any raw or dressed fur, and green, 

salted or crusted hide or skin, game 

trophy, or to any item of endangered 

wildlife.

(b) Wildlife products or manuf acture d 

articles, including mounte d game tr ophies or tan ned hides, which are n ot in ­

tended for sale and are pa rt of a shipme nt of the household effects of persons 

moving the ir residence to the United 

States may be imported at any Customs 

port of entry. Provided. T ha t this e xception to the designated po rt requ irem ent 

shall not apply to any raw, or dressed 

fur. and green, salte d or c rusted hide or 

skin or to any item of endangered 

wildlife.

§ 14.1 6 C an adia n an d M exic an w il d life .

(a) Except for end angered or injurious wildlife, wildlife lawfully tak en by 

U.S. sportsmen in Canada or Mexico, 

and imported for noncommercial pu rposes. may be imported at any Customs 

po rt of entry.

<b) In additio n to the other exceptions 

contained in this part, wildlife, other 

than endangered or inju riou s wildlife, 

whose cou ntry of origin is Canada, or 

which was previously exported from the 

United States to Canada, may be importe d into the United State s at any of 

the following Customs por ts of e ntr y:

(1 ) State of Alaska—Tok Junction;

(2) State of Washin gton—Blaine. 

Sumas. Oroville;

(3) State of Idaho—Eastport;

(4 ) St ate of Montan a—Sweetgrass. 

Raymon d!.

(5 ) State of Nor th Dak ota—Portal, 

Pembina, Dunseith ;

(6) State of Minnesota—Noyes. In te rnationa l Falls. Gr and Portage . Minneapolis-St. Paul;

(7 ) State of Michigan—Sau lt Sainte 

Marie. Detroit. Port Huron;

<8) State of Ohio—Cleveland;

(9) Sta te of New York—BuffaloNiagara Falls. Cham plain;

(1 0 ) State of Ve rm ont—Highgate 

Springs. Derby Line. Norton;

(11) State of Maine—Houlton. C ala is; 

or

(12) State of Massachusetts—Boston.

(c) In add ition to the other excep ­

tions contain ed in this part, wildlife, 

oth er than end angered or inju riou s wildlife. whose country of origin is Mexico, 

or which was previously exported from 

the U nited S tat es to Mexico, may be im ­

ported into the United State s at any of 

the following Customs ports of entry:

(1) Sta te of California—Calexico. San 

Diego-San Ysidro;

(2) State of Arizona—Nogales. San 

Luis; or

(3) State of Texas—El Paso. Laredo. 

Brownsville.

§ 14 .1 7 Ocea nic Aport fish erm en .

Fish take n by spo rt fishermen on 

the high seas, or within the territori al 

seas or fisheries zones of any country 

may be Imported into the United States 

at any port or place.

§ 1 4 .1 8 M ari n e m am m al* .

Any person under the juris diction of 

the United Stat es who ha s lawfully tak en 

a mar ine mam mal on the high seas and 

is auth orized to imp ort such mar ine 

mammal in acco rdance with the Marine 

Mammal Protection Act of 1972 a nd the 

regulatio ns issued pu rsu ant thereto 

(part s 18 and 216 of this title) 

may imp ort such marine mam mal a t any 

por t or place.

§ 14.1 9 Im p o rt* in to M an ka , Pu erto

Rico, or th e V ir g in In la nd*.

In addition to the oth er exceptions

contained in this part, wildlife, oth er 

than enda ngered or injurious wildlife, 

which is imported for final destin ation 

in Alaska. Pue rto Rico, or the Virgin Is ­

land s may be imported throu gh those 

Customs ports of entry nam ed herei nafter for the respective St ate or te rritory:

(a) Alaska—Juneau. Anchorage. F ai rbanks. Tok Jun ction;

(b ) Pue rto Rico—San Ju an ;

(c> Virgin Islands—San Ju an . Puerto

Rico.

FEDERAL REGISTER, VCX. 39, NO 3— FRIDAY. JANUARY 4, 1974
205

§ 14 .2 0 E xception* by p erm it.

Wildlife may be Imported Into the 

United State s at any Customs port of 

entry designa ted In the terms of a valid 

permit Issued pu rsu ant to sub part C of 

this pa rt 14

6 14 .21 Shellf is h an d fis he ry pro duct *.

Except for endangered wildlife, th e following shellfish and fishery products, as 

fu rth er defined In the "Ta riff Schedules 

of the Un ited S tates," Imported for commercial purposes, may en ter the United 

State s at any Customs port of en try:

(a) Progs (T.8.U.S No 10660).

(b) Prog meat (T.S .U8. No. 107.65).

(c) Pish, fresh, chilled, or frozen 

(T.S.U.S. Nos. 110.10-110.70)— tro ut and 

salm on to conform to i 14 61, concerning 

form 3-177, and pa rt 16 of this sub chapter. concern ing injurious species

(d) Pish, d ried, salted, pickled, smoked, 

or kippered (T.S.U.S. Nos 111.10-111.92)

(e) Pish In air tig ht contain ers 

IT.S.U.S. Nos. 112.01-112.94).

(f) Ot he r fish products (T.S.U.8. Nos 

113.01-113.60).

(g) Shellfish (T.S.U.S. Nos 114.01-

114.55) .

(h) Pish oils (T.S.U.S. Nos. 177.02- 

177.26).

(I) Sod oil (T.S.U.S. No. 178.05).

(J ) Pro duc ts of American fisheries 

(T.S.U.S. Nos. 180.00-180.20).

(k) Edible prepar ations (T.8.U.8. Nos 

182.05, 182 11. 182 48. 182.50).

(l) Animal feeds (T.S.U.S. Nos. 184 54.

184.55) .

(m) Pearls (T.S.U.S Nos 741.05. 

741.06).

(n) Coral (T.S.U.S No. 741.15).

§ 14.2 2 T ro p ic a l, o rn am enta l an d aq u ariu m fi. h .

In additio n to the oth er exceptions 

contain ed In this part, other than endang ered or Injur ious wildlife, tropical, 

ornamental, and aquariu m fish may be 

Imported at th e Customs p ort of entry at 

Tam pa. Fla.

Subpart C— Designated Port Exception

Permits

§ 14 .3 1 P e rm it * to im port w il d li fe at

nondc*ignatc d port fo r sc ie ntif ic purThe Directo r may, upon receipt of an 

app lication and In acco rdan ce with the 

Issuance crite ria of this section. Issue a 

perm it authorizin g a scie ntist to Import 

wildlife, othe r than endangered wildlife, 

for scientific purposes at any Customs 

port of en try Such permits may au ­

thorize a single Importation, a series of 

Imp ortations, or Impor tation Into the 

United State s over a specific period of 

time, a nd such authorization may. i n the 

discretion of the Director, be Incorporated Into the term s of anoth er type of 

importation permit.

(a) Application procedure Applications for permits to Im port wildlife, othe r 

th an endangered wildlife, at a no ndesigna ted po rt for scientific purposes 

shall be submitted to the app ropriate 

Special Agent In C harge (See 113.11(b) 

of this sub chapt er) Each such app lication must con tain the general InformaRULES AND REGULATIONS

tlon and certification required by I 13.12 

(a) of this sub chapt er plus the following add itio nal inf orma tio n:

(l i Description of purpose or uses of 

the scientific specim ens to be Imported;

(2) Number and kind s of wildlife to 

be Imported, described by species and 

subspecies. Including the scientific and 

common nam es;

(3) Cou ntry or place of origin;

(4 1 Meth od of shipment;

(5 i Port or ports of entr y where impor tation is requested;

(6) State men t as to wh eth er exception 

Is being requested for a single sh ipment, 

a series of shipmen ts, or imp ortations 

over a specific period of time; and

(7) State men t of t he reason s why Impo rtation should be allowed at the requested port or ports of entry rather 

than a t a de signated port.

(b) Add ition al permit conditions. In 

additio n to the general cond ition s set 

fo rth In par t 13 of this sub cha pte r B. 

permits to Imp ort wildlife, other than 

end angered wildlife, at a nondesignated 

port Issued under this section, shall be 

subject to th e following conditio n:

Permitte e sha ll file such reports as may 

be specified on the permit, and If no report Is specified on the perm it shall file 

an a nn ual rep ort for ea ch calend ar year 

or por tion thereo f ending December 31. 

8uch repo rts shall be filed n ot la ter than 

March 31 for the preceding yea r and 

shall itemize importations b y; Date, p ort 

of entry , method of shipment, c ountry of 

origin, and num bers and kind s of wildlife..

(C) Issuance criteria. The Director 

shall consider the following in determining wh eth er to Issue a perm it to imp ort 

wildlife, othe r than endangered wildlife, 

at a non designa ted port by a scien tist:

(1) A benefit to a bona fide scientific 

rese arch pro ject; or

(2) Facilita tio n of the exchange of 

preserved m useum specimens

(d) Ten ure of permits. The ten ure of 

permits to Imp ort wildlife, oth er than 

end angered wildlife, at nondesignated 

ports for scientific purposes shall be th at 

which is designa ted on the face of the 

perm it, but shall in no case extend beyond December 31 of the second full 

calendar year following the yea r of issue 

§ 14.32 P e rm it * to im p o rt w il d li fe *1

nonde ai gna le d port * to m in im iz e dete ri o ra ti o n o r Io ** .

The Directo r may. upon receipt of an 

app lication which dem ons trates to his 

satisfac tion th at Imp orta tion of wildlife 

at the ports required by the regulations 

of this pa rt will result In a substantial 

deteriora tion or loss of wildlife. Issue a 

permit authorizing the Imp orta tion of 

wildlife. Includ ing enda ngered species, at 

any Customs port of entry . 8uc h permits 

may authorize a single Importation, a 

series of Impor tations, or Importations 

Into the United States over a specific 

period of time, and such authorization 

may. in the disc retion of t he Director, be 

incorp orated Into the terms of ano the r 

type of im portation permit.

(a) Application procedure Applications for permits to Imp ort wildlife at a 

nondesignated po rt to minim ize deterl1165

oration or loss shall be s ubm itte d to the 

app ropriate Special Agent In Charge 

(See I 13.11(b) of th is sub ch ap te r). Each 

such app lica tion must conta in the general Info rma tion and certificatio n require d In 1 13.12(a) of this subchapter 

plus the following Info rma tion:

(1) Number and kinds of w ildlife to be 

Imported, described by species and subspecies. Including the scientific and common name s:

(2) Country or place or origin:

(3' Date or dates of intended Importation :

(4) Method of shipmen t. Including 

nam es of carriers, If any ;

(5) Po rt or por ts of entry where Importation Is requested;

(6) Purpose for which wildlife Is being 

Imported;

(7 1 State ment as to whether exception 

Is being reque sted for a single shipment, 

a series of shipmen ts, or Importations 

over a specified period of time ; and

(8 > State ment of the reasons why the 

Importation shou ld be allowed a t the re ­

quested port or por ts of entry rather 

than a t a designa ted port. Including evidence th at an Importatio n at a designated port by an y meth od at the time In 

question would resu lt In a substant ial 

deterio ration or loss t o the wildlife.

(b) Add ition al permit condition s In 

add ition to the general conditio n set 

forth in Pa rt 13 of this Subchapte r B, 

perm its to Import wildlife at a nondesignated port to minimize deterioration or 

loss shall be sub ject to the following 

conditions:

<1) Permitte e shall file such reports as 

may be specified on the permit and If no 

report Is specified on the pe rmit sh all file 

an ann ual rep ort for each calen dar year 

or portion thereo f ending December 31 

Such repo rts shall be filed not l ate r t ha n 

March 31 of the preceding y ear an d shall 

itemize impor tations by: Date, port of 

entry, method of shipment, cou ntry of 

origin, and num bers and kinds of wildlife.

(2) Pe rmitte e shall pay costs Incurred 

by the Director In Inspecting perm ittee s 

importa tion s at nondesignate d ports. Including the salary, per diem, and travel 

costs of the B ure au agen t

(c) Issuance criteria. The Director 

shall consider the likelihood of a substan tia l deterio ration or loss of wildlife 

In determ ining whe ther to Issue a perm it 

to Import wildlife. Inclu ding en dangered 

species, at a nondesignated port.

(d) Tenure ol permits. The ten ure of 

permits to Import wildlife at nondesignated ports to minim ize deteriora tion o r 

loss shall be th at which Is designa ted on 

the face of the permit, but shall In no 

case exte nd beyond December 31 of the 

second full calen dar yea r following the 

year of issue

§ 14.33 P e rm it * lo im p o rt w il d li fr at

no nde si an ated p ort * lo allevia te undue eeonom ir hard *h ip .

The Director may. upon receipt of an 

application which dem ons trates to his 

satisfa ctio n th at Importatio n of wildlife 

at the ports required by t he regulations 

of this pa rt would subject the app licant 

to u ndue economic hardsh ip. Issue a perFEDERAl REGISTER. VO l. 3V, NO 3---- FtlDAV. JANUARY 4, 1VZ4

No 3— Pt I I I —— 3

43- 977 0 - 75 - 14
206

1166 RULES AND REGULATIONS

mit auth orizing the Imp ortation of wildlife. other than endangered wildlife, at 

any Customs port of entry. Such permits 

may authorize a single imp ortation a 

series of importatio ns, or Importation 

Into the United State s over a specific 

period of time, and such auth orization 

may. In the discretion of the Director, be 

inco rporated Into the term s of anoth er 

type of Importatio n permit

ia> Application pro ced ure !—Applications for perm its to Import wildlife o ther 

than e ndangered wildlife, a t a nondesign 'd port to alleviate und ue economic 

ha.ds hlp shall be submitted to the ap ­

pro priate Special Agent in Charge ‘See 

, 13.11(b) of this sub ch ap ter) . Each such 

application must contain the general In - 

form ation and certification required In 

1 13 12(a) of this sub chapte r, plus the 

following additio nal Info rmation:

(1) Number and kinds of wildlife to be 

imported, described by species and subspecies, Including the scientific and com ­

mon names, and a des cription of the form 

In which it Is to be Imported, as ‘liv e," 

"frozen." "raw hides," or a full description of any manufactured prod uct:

121 Country or place of ori gin:

(3 1 Name and address of supplier:

<4> Method of ship ment:

15 • Por t or ports of entry where Importation Is requested:

(8 • Purpose for which wildlife Is being Imp orte d:

(7> Sta tem ent as to whe ther exception 

Is being requested for a single shipmen t, 

a series of shipments, or fo r Importations 

over a specified period of time If the 

perm it is being requested for a series of 

ship ments over a period of time Include 

a narra tiv e sta tem ent of circumstances 

Including the att ac hm en t of docume ntar y evidence showing a pa tte rn of such 

Importa tion s for a period of at leas t 1 

year, or othe r doc ume ntary evidence to 

support the need for period requested: 

and

• 8) Cost da ta showing the mon etary 

difference between the cost of Imp orta ­

tion at the port requested and the lowest cost of impor tation at the por t 

throug h which importation Is perm itted 

by thes e regu latio ns without a permit.

(b> Addition al permit conditions. In 

add ition <o the general cond ition s set 

forth In Pa rt 13 of this Subchapte r B. 

perm its to Import wildlife, ot her th an endangered wildlife, a t nondeslgnate d ports 

to alleviate undue economic hards hip are 

subject to t he following condition s:

<1) Permittee sh all file suc h repo rts as 

may be specified on the permit, and If 

no r epo rt is specified on the perm it shall 

file a n annual report tor each calend ar 

year or portion thereof ending December 31 8uch reports shall be filed not 

later than March 31 for the preceding 

year and shall Itemize impor tations by: 

Date, port of entry, m ethod of shipm ent, 

country of origin, a nd num bers and kinds 

of wildlife.

(2 > Permittee shall pay costs Incurred 

by th e Director In Inspecting permittee's 

Importations at nondeslg nated ports. Including the salary, per diem and trav el 

costs of the Bureau agent

(c) I nuance criteria. The Director 

shall consider the following In d etermining whether to issue a permit to Import 

wildlife, othe r than endangered wildlife, 

at a nondeslgnated po rt to alleviate 

undue economic hardship:

(1) The difference between the cost of 

importing the wildlife at the port requested and the lowest cost of Imp orting such wildlife at a port perm itted by 

these regulatio ns, and

(2* T he severity of the economic h ardship th at likely would resu lt shou ld the 

perm it not be Issued

(dI Tenure of perm its. The tenure 

of perm its to Import wildlife at nondeslgnated ports to alleviate undue economic hardsh ip shall be th at which Is 

designated on th e face of th e permit, b ut 

shall In no case exte nd beyond December 31 of the second full calen dar yea r 

following the year of Issue.

Subpart D— Foreign Documentation

§ 14 .41 Fore ig n d o ru m rn la ti o n rrq u ir rIf the laws o r regulations of the country of origin, the co untry of e xport, or a 

subdivision thereof, res trict the taking, 

possession, transpo rta tio n, exporta tion , 

or sale of wildlife, the owner. Importer, 

or consignee m ay be required to produce 

foreign documen tation showing th at such 

laws or regulatio ns hav e no t been 

violated.

§ 14 .4 2 D efi n it io n o f fo re ig n docu m enta tion.

The foreign documentatio n which will 

satisfy the requirements of I 14.4 1 may 

be e ith er of the following:

(a) Official perm its or othe r documents showing legal taking, possession, 

tra nsportation, exp orta tion, an d sale Issued by an appro pri ate agency or official 

of the country of origin, and where ap ­

plicable. from the cou ntry of export: If 

such perm its and docume nts are not 

wiltte n In English, th e original documents and certified English translat ion s 

thereof: or

(b) A consular certificate from the 

app ropriate U.8. consul which shows 

th at an appropriate foreign governm ent 

official has certified to the U S. consul 

the Info rmation required In parag rap h

(a) of this section for the country of 

origin and , where applicable, the country 

of export; or

(c) For wildlife lawfully tak en in 

Can ada or the United Mexican State s 

by sportsmen, valid Ca nadia n or Mexican export permits, fishing, or hun ting 

licenses.

§ 14 .4 3 F arr p li o n s Io fo re ig n d o ru m rn -

la tion re quir em ent.

Notwith standing th e provisions of 

1 14.41 . except for end ang ered wildlife, 

foreign documentatio n shall not be re ­

quired for Imp orta tion of the following 

wildlife:

i a) Wildlife p roducts or m anu fac tured 

articles which are no t intended for sale 

and are wo rn as clothing or conta in ed In

accompanying personal baggage, except 

raw or dressed furs, and green, salted, 

or c rusted hides, or skins, game, or game 

trop hies;

(b ) Wildlife products or manu fac ­

tured articles which a re not Intended for 

sale and are a pa rt of a shipm ent of the 

household effects of persons moving 

the ir residence to the United 8tate s. except raw or dressed furs, an d green, 

salted, or crus ted hide s or skin s; and

(c) Shellfish an d fishery products as 

defined in 5 14.21.

Subpart E— Inspection and Clearance of

Importations

§ 14 .51 In spect io n o f im port ed w ild life .

All wildlife shall be subje ct to Inspection by Bureau agents and Customs officers upon Imp orta tion int o the United 

States. Such inspe ction may Include exami nation of the wildlife, the package 

or conta ine r In which such wildlife was 

shipped or transported, foreign documen tati on. de clarations. Bureau or o the r 

permits, and Invoices, waybills, manifests, or other documen ts relating to 

such wildlife Impo rtation.

§ 14.5 2 Cleara nc e o f im p o rt ed w il d life .

Except as otherwise provid ed by this 

sub part, all wildlife imported into the 

United State s must be cleared by a Bureau agent prior to release from deten ­

tion by Customs officers pu rsu ant to 19 

UB.C. 1499. Such clearance shall not be 

construed as a certificatio n of the legality of an Impor tation under the laws or 

regulations of t he U nited State s 

§ 14.5 3 Cle ara nce pro ce dure .

(a) Bureau agents, or Customs officers. pu rsu ant to 1 14.54. may refuse 

clearanc e of imported wildlife when they 

have reasonable grounds to believe:

(1) A Federal law or regu lation has 

been violated;

(2 ) Th at the correc t Iden tity of the 

wildlife has not been esta blished (In such 

cases t he bur den shall be upon the owner. 

Importer, or consignee to prove such 

Iden tity);

(3 ) Th at any foreign documentatio n 

required to accom pany such wildlife Is 

not a uth entic : or

<4> Th at the Importer or his broker 

has filed an Incorre ct or Incomplete 

dec laration for Importatio n as provided 

In subpart F of this pa rt 14.

(b ) Where clearanc e of Imported 

wildlife has been refused, the wildlife 

may. at th e discretio n of the Bureau, be:

(1) Seized:

(2 ) Expo rted by the owner, importer, 

or consignee a t his requ est and expense:

(3 ) Abandoned pursu ant to the pro ­

visions of i 12.15 of this subchap ter: or

(4 ) Released under such bond as may 

be required, an d/or subje ct to recall.

g 14.5 4 U n av ail ab ilit y o f B ure au ag ea la .

Whenever Bureau agents are not 

available, within a reasonable time, to 

inspect and clear Imported wildlife at a 

designated port or oth er po rt at which 

wildlife may be Imported pu rsu an t to the 

regulations of this pari, any Customs 

officer may Inspect and clear such wildlife subject to recall, and. In the case of 

m-tr an slt shipmen ts, may do so a t ei ther 

the port of entr y or the port of destination

FiD MAL ItO IS TM . VO l J9. NO )---- FtlOAV. JANUAtY 4. 1* 74
W7

RULES AND REGULATIONS 1167

§ 14.5 5 Exce ption s Io c le ara nce re quir eExcept for end angered wildlife, the 

cle aran ce procedures of I 14.53 shall not 

be required for im portation of the following wildlife:

(a) Shellfish and fishery products as 

defined in 5 14.21:

(b) Fish tak en by fishermen on the 

high seas, or within the territorial seas 

or fishery zones of any country ;

<c> Ma rine mam mals lawfully taken 

on the hig h seas by US . residents and 

Imported directly in to th e United S tate s. 

Subpart F— Declaration for Importation of

Wildlife

§ 14 .61 D ecla ra ti on re quir em ent.

Except as otherwise provid ed by the 

regulations of this sub part, a completed 

Dec lara tion for Im portation of Fish or 

Wildlife I form 3-177, shall be filed by 

the importer of his bro ker with the Distric t Direct or of Custom s a t the Customs 

port of en try where clearan ce under 

1 14 52 occurs or where release from deten tion by Customs officers pursu ant to 

1# U,8,C occurs The Declaration

for Im po rta tio n of Fish or Wildlife shall 

Include th e following Info rmation:

111 Kama an d address of th e Im porter I

(31 Name an d address of the consignor 

or shipper;

13 > Name of broker. If a ny;

(4) Name of the carr ier. If any;

(8) Perm it num ber under which the 

wildlife Is Impo rted. If any;

<6> Common name, scientific name, 

cou ntry of origin, an d num ber of each 

species or subspecies Imported;

<7i Form In which Imported, le.. live, 

fully mou nted , trop hy, hide, manu fac ­

tur ed product, freshly killed, etc.; and

Hi Certification in the following 

lang uage "I hereby certify th at the inform atio n sub mitted for th e importatio n 

of wildlife la complete and acc ura te to 

the best of my knowledge and belief I 

un derstand th at any false statem ent 

here on may sub ject me to the crim inal 

pen alties of 18 Ufl.C. 1001."

4 14.6 2 Exce pt* 0 " * to decla ra tion re ­

q u ir em en t.

(•> Exc ept for end angered or injurious 

wildlife, a Dec lara tion for Imp orta tion 

of Fish or Wildlife (form 3-1771 shall 

not be required to be filed for Imp orta ­

tion of the following wildlife:

(l i Fish tak en by sport fishermen on 

the high seas or within the ter rito rial 

seas or t he fishery zones of a ny co un try ;

(2> Fish, tak en by spo rt fisherm en In 

Canada o r Mexico:

<3> Shellfish or fishery products Imported for commercial purposes as defined In 1 14.21;

(4i Oam e mam mals or birds from 

Canada or Mexico on which a Dec lara ­

tion for Fr ee Entry of Oam e Mammals or 

Birds Killed by United State s Residents 

(Customs form 33151 has been filed;

<5> Wildlife products or manuf acture d 

articles which are not Intended for sale 

and are worn as cloth ing or contained 

in accompa nying personal baggage except th at a dec laration will be required 

for raw or dressed furs and green salted

or crusted hides or skins; and game or 

game trophies where the exception In 

pa rag raph (4i of this sectio n does not 

apply ; and

161 Wildlife products o r m anu fac ture d 

articles which are no t Intended for sale 

and are a pa rt of a shipment of the 

household effects of persons moving the ir 

residence to the United States, except 

th at a declaration will be required for 

raw or dresse d furs, and green, salted, or 

crusted h ides or skins.

«bi In rega rd to m arine mamm als (see 

Pa rts 18 an d 216) lawfully tak en on the 

high seas by U S reside nts an d imported 

directly into the United States, the Declara tion for Im porta tio n of Fish or Wildlife (Form 3-177) may be filed at any 

Customs port of entry

Sobpart G— Export of Wildlife to Mexico

§ 14 .71 Perm it to export game mum -

mala Io th e I nit ed M ex ic an States.

Perso ns exporti ng to the United Mexican Sta tes antelope, mountain sheep, 

deer. bear, peccary, squirrel, rabb it, or 

hare, or the dead body or pa rts thereof, 

wheth er or not Included in a ma nufac ­

tur ed pro duct or a processed food pro duct, shall be required to prese nt to the 

U S Customs official at the por t of exit, 

on request, a certificate of a warden, 

agent, or other official of the S tat e game 

departm ent of the St ate of origin Such 

certificate shall Hat the game anim als 

by species and number, or oth er appro ­

priate specific description, and certify 

they were tak en or acquired and are 

being exporte d In compliance with the 

sta tutes and regulations of the State 

of o rigin.

Subpart H— Marking Requirements for

Certain Shipments

§ 1 4 .8 1 M ark in g pa ck ag e o r conta in er.

Except as otherwise provid ed in this 

sub part, no person shall ship, tran spo rt, 

carry, brin g or convey any wildlife In 

Inters tat e or foreign commerce unless 

the package or conta ine r in which such 

wildlife Is contain ed has the nam e and 

address of the shipper and the consignee 

and an accurat e sta teme nt of the conten ts by species and num bers of each 

species of wildlife the rei n contained 

clearly and conspicuously mar ked on the 

outside thereo f

8 14.8 2 E xception* Io th e m ark in g requ ir em en t.

(a) Comm ercial shellfish or fishery

products.— The requ irem ents of I 14.81 

do not apply to packages or contain ers 

holding shellfish or fishery products Imported for comm ercial purposes as defined In I 14.21.

(b> Mink, chin chilla, silver lox, blue

lox . rabbit, and nutria.—Th e requ irements of 1 14.81 do not apply to pac kages or other containe rs holding mink, 

chin chilla, silver fox. blue fox. rabb it, 

and n ut ria t hat have been bred and bom 

In captivity: Provided. Th at a sep arate 

signed sta teme nt certifyi ng the anim als 

were bred an d bom In captivity accom ­

panie s the shipping document

(c> Furs, hides, and skins— intersta te

comm erce.—Th e requ irem ents of I 14.81

do not apply to packages or contain ers 

holding furs, hides, and skins shipped 

inter sta te: Provided. Th at the names 

and addresses of the shippe r and consignee are clearly and conspicuously 

marked on th e outside thereof

(d> Sym bol markings Th e requ irements of ! 14 81 do no t apply to packages 

or con tainers shipped, tran spo rted, ca rried. brough t or conveyed in inter sta te 

or foreign commerce where such packages a re clearly marked with a symbol in 

acco rdan ce with th e term s of a valid 

permit issued pu rsu ant to 5 14.83.

§ 14.8 3 Sym bol m a rk in g p erm it.

The Director may. upon receipt of an 

applica tion which dem ons trates to his 

satisfa ctio n th at the ma rking or other 

identification required by 5 14 81 would 

create a significant possibility of the 

theft of the package o r its contents, issue 

a permit authorizin g the use of an iden ­

tific atio n symbol in lieu of the markin g 

required by 5 14.81

(a) Application procedures Applications for symbol mar king permits shall 

be sub mitted to the appro priat e Special 

Agent In Charg e (See I 13.11(b) of this 

subc ha ptar, Each such applica tion m ust 

contain the gengra l Info rmation and c ertific ation required by I 13.12(a) of this 

sub chaptar. plus the following a dditional 

info rmation:

(1) Comm on an d scientific names, an d 

estimated num bers of wildlife to be 

shipped;

(2) Form In which imported or exported. as "raw skins." "fur garm ents ." 

etc.;

(3 1 Ty pe of packaging, metho d of shipmen t. and carrier or carriers. If known;

(4 > Cou ntry or countries of origin for 

imports, and c oun try or c ountries of destination for exports ;

(5) Po rt or por ts of impor tation and 

export;

111 Estima ted frequency of s hipme nts:

(7) Detailed sta tem ents of the reasons 

why the marking required by I 14.81 

would create a significant possibility of 

theft of the package or its contents;

(8> Description of a n evidence showing 

actua l thefts. If any. incurred by applicant which can be ascribed to marking 

requirements of I 14 81. includin g dates, 

description of goods, place, if known, 

value. Including affidavits, invoices, correspondence. an d Insurance claim s rel ative the ret o to conclusively show actual 

losses by ap plicant: and

(8) At the option of th e applicant, a 

suggested symbol which is desired with 

th e understandin g th at such suggested 

symbol may or may not be assigned at the 

discretio n of the Director

(b) Additional permit conditions In 

additio n to the general conditions set 

forth in pa rt 13 of this subchap ter B. 

permits to use symbol markin g shall be 

subect to th e following conditio ns:

(1) When using the symbol In lieu ot

anoth er marking required In I 14.81, the 

entire symbol must be clearly and con ­

spicuously marked on th e outside of every 

package and the symbol, together with 

oth er iden tifying num bers or characters, 

must also appear on all shipping documents relating to such packages or conFID M Al HOISTS*. VOt I t , NO 1— ntlOAV. JANUAIY 4. 1474
1168 RULES AND REGULATIONS

tainers and on a ll documents required by 

55 14.41 and 14.61.

(2) The permittee shall, from the effective date of the permit, m ain tai n complete and acc ura te records of all wildlife 

furs w hich a re shipped, tran sported, c ar ­

ried. brough t or conveyed in int ersta te 

or in foreign commerce and which are 

identified by means of such symbol. The 

records shall include the number, species 

or subspecies, description of the package 

or container, method of shipment, time 

and place of ship ment, includin g the air 

waybill or bill of ladin g numb er, and gen ­

eral description of the items. Such 

records shall be open to Inspection, aud iting. or copying by any auth orized em ­

ployee of the Bureau at any time during 

regular business hours.

(c) Tenure of permits.—The tenure of 

perm its to use symbol markin g shall be 

from the date of issue to June 30 of 

the first full year following the year of 

issue.

PART 15— FEATHER IMPORT QUOTAS

Subpart A— Introduction

Sec.

16.1 Pur po se of regu latio ns .

16.2 Scope of re gu latio ns .

Subpart B— Import Quotas and Permit

Requirement

16.11 Im port quota s establ ishe d.

16.12 Per m it re quirem en t.

Subpart C—Application for and Allocation of

Quotas

16.21 App lic ation fo r qu o ta al lo ca tio n an d

pe rm it.

15.22 Pi lin g dat es fo r ap pl ic at io ns .

15.23 Allo ca tio n of ca le ndar y ea r quo ta s.

18.24 Rea llo ca tio n of unus ed ca le ndar ye ar

quo ta s.

15.26 Is su an ce of pe rm its .

16.26 Ten ur e of I m po rtat io n p er m its . 

Auth obity : Ta riff Class ification Act of

1262. sec. 102. 76 8 ta t. 73-74, 19 UB.C. 1202. 

"S ch ed ule 1. P art 16D, Hea dn ote 2 (d ). Ta riff 

Sc he du les of t he United Sta te s."

Subpart A— Introduction

§ 15 .1 Purp ose o f re gu la tions.

The regulations con tained in this pa rt 

establish ann ual quotas on imp orta tion 

of skins bearing feath ers of the m and arin 

duck, a nd five species of pheasa nts . These 

regulations also govern applications for 

and issuance of permits for the entry 

of such birdskins and esta blish the 

method w hich will be used to allocate and 

reallocate any unused portions of the 

ann ual quo tas among the several 

applicants.

§ 15.2 Scope o f re gula ti on*.

(a) Th e regulations of this pa rt apply

only to the fea the rs or skins of those 

species of birds named In 5 15.11:

(1) Wh eth er raw or processed;

(2) Wh eth er the whole plum age or 

skin or any pa rt of e ith er..

(3 ) Wh eth er or no t attached to a 

whole bird or any pa rt the reo f; and

(4) Wh ether or not form ing pa rt of 

ano the r article

<b> The regulatio ns of this pa rt 15 

do not ap ply:

(1) To any imp orta tion for scientific 

or e ducational purposes;

<2> To the Imp ortation of fully ma nufactu red artificial flies used for fishing.

(3) To the importation of game birds 

killed by United States hu nters abroad, 

and imported by such perso ns for noncomm ercial purposes.

(4) To the importation of live birds; 

and

(5 ) To the imp orta tion of any of the 

follov. ing birds (oth er th an an y such bird 

which, whether or not raised in captivity, 

is a wild bird ): chickens (includin g hens 

and roosters). turkeys, g uinea fowl, geese, 

ducks, pigeons, ostriches, rheas. English 

ring-neck ed pheasants, and pea fowl.

<b> The provisions in this pa rt are in 

add ition to. and are not in lieu of. oth er 

regu latio ns of this Subchapte r B which 

may require a permit or prescribe additional rest rictions or cond ition s for the 

importation, exporta tion , and inter sta te 

transpo rta tio n of wildlife (see also Pa rt 

13 of this subc ha pter).

Subpart B— Imp ort Quotas and Permit

Requirement

§ 1 5 .1 1 Im p o rt qu otas e st ab lis he d.

During any calendar year, beginn ing 

Janu ary 1 and ending December 31. the 

following quotas are establishe d for the 

entry of skins bearing feathe rs. For the 

purpose of these quotas any par t of a 

skin which has been severed shall be considered a whole skin.

(a) For use in the ma nufac ture of 

artificial flies used for f ish ing:

Grey Jung le fowl (Ga llua so n n era ti ). .. n o n e 

(quota elim in at ed )

'M andari n du ck (Afcr gale ri cu la ta )___ 1,000

• Fo rm er sc ient ific na m e: Den dro nessa

ga ler icu lata.

(b) For use in the ma nu fac tur e of a rtificial flies used for fishing or for millinery purposes;

Lady Amhe rst ph easa nt 

{Chry sol ophua am he rs -

tiae)

Golde n ph easa nt iC hr ysolop hua pictua )

Silver ph ea sa nt (L op hu ra

ny cthe mer a)

Ree ves pheas an t (S yr m at icu s reeveaii)

Blue-ea red ph ea sa nt (Croe3 op ti Ion auri tu m )

45 .0 00

In th e 

ag gregate

Brown-ea red ph easa nt IC ro uoptilo n m ante -

h u r tc u m )__________________________ no ne

(q u o ta eli m in at ed )

§ 1 5 .1 2 P erm it r equ ir em en t.

Except as otherwise provid ed In this

section, no person shall Import, enter, or 

cause to be Imported or entered, feathers, 

skins, or skins bea ring fea thers of any 

species listed in ! 15.11 withou t a perm it 

Issued pursu ant to this pa rt: Provided.

Th at any perso n may Import without 

a perm it, for storage In warehouse under 

customs bond, skins bearing fea the rs of 

species for which a quo ta Is provided In 

the preceding 1 15.11. When so Imported 

and stored, such skins shall no t be re ­

moved from the warehouse or entered 

Into the United State s for use without 

a permit Issued pu rsu ant to this part.

No person shall imp ort for warehouse 

storage or other purpose skins bearing 

fea the rs of any species on which the 

quo ta has been eliminated.

Subpart C— Application for and Allocation

of Quotas

§ 15 .21 A pplic ation fo r quota allo ca tion

an d p erm it.

All person s desiring to share in the 

allocatio n of ann ual import quo tas and 

to ob tain a permit to enter skin s bea ring fea the rs shall submit an application 

to the Director during the period set 

forth by 5 15.22. Each such application 

shall con tain the general info rmation 

and certificatio n required by § 13.12(a) 

of this sub chapt er plus the following 

additio nal inf ormation:

(a) Quantity of each species of bird - 

skin or pa rt thereo f for which an impo rtation perm it is reque sted;

(b) Port at which entry will be made, 

or in th e case of warehouse storage un der 

bond, port at which im portation was 

made and loca tion and amount of bird - 

skins presently in s torage;

<c) State ment of th e purpose (use) for 

which the skins bearing fea thers are 

sought to be imported or en ter ed : and

<d) Sta tem ent as to wheth er app lication is being made for an initial allocation of a calend ar year quota, or for re ­

allocation of an unused portio n of a 

calen dar year quota.

§ 15.2 2 F il in g dale * fo r a pplicati on*.

Each a pplication for a quota allocation 

and perm it must be postmarked during 

the dates set forth in parag rap h (a) and 

(b) of this s ectio n In o rder to be considered.

<a> Applicants desiring to participa te 

in the allocation of c alendar yea r quotas 

shall submit application s from Sep tem ­

ber 1 through September 30 of the year 

preceding the calend ar yea r for which 

quota allocations are to be made.

<b) Applicants desiring to partic ipa te 

in th e reallocation of such porti ons of the 

established ann ual quotas as may become availa ble for reallocation, shall 

submit applications from July 1 through 

July 31 of th e c alenda r year during which 

the unused portion of the qu ota becomes 

available for reallocation.

§ 15.2 3 A llo cat io n o f ra le n d a r ye ar

qu o ta ..

As prom ptly as possible afte r the closing date for filing, all applications timely 

filed will be considered and ten tative 

quotas allocated by t he meth od set forth 

in paragrap hs (a) throu gh (e) of this 

sectio n For the purposes of this section, 

the species of pheasan ts for which 

quotas have been provid ed shall be 

grouped together and considered as one 

species.

(a) The num ber of eligible app lica nts 

for skins of ma nd ari n duck and pheas ­

ants. respectively, shall be divided Into 

the quotas of skins available for the en ­

suing calendar yea r for the respective 

species, to determ ine th e n um ber of skins 

of each species the several app licants
RULES AN D REGULATIONS 1169

would be entitled to Import on an equal 

basis

<b> Any a pplic ant for an allocation In 

an am oun t equal to or less t ha n the average quantity esta blished for all applican ts pursu ant to parag raph <a> of this 

section Is entitle d to receive an allocation 

of the qu antity f or w hich he applied.

<c) After the allocations are made 

und er parag raph <b> of this section, all 

remaining unallocated q uantities of skins 

of the respective species shall be allocated equally among those app licants 

who applied for more th an the average 

qua ntities determ ine d under parag rap h 

iai of this section. However, no ap plican t 

shall be allocate d a quantity of skins in 

excess of th e numb er applied for.

<d> Each applicant shall then be furnish ed a tab ulati on by registered or 

certified mail, return receipt requested, 

of the quantities of each species requested a nd the qu antities proposed to be 

alloca ted to each app licant. Each applicant mu st then report by letter addressed 

to the Director, postmarked no t later 

than 30 days af te r date of receip t of the 

notice of proposed allocations, th at he 

accepts the proposed allocatio n. The 

lett er must conta in satisfactory proof, 

such as a copy of a curren tly confirmed 

order, th at orders have been placed for 

the importing of his allo cation of bird 

skins and must be accom panie d by the 

prescribed fee In the form of a postal 

money ord er or a check m ade payable to 

the Bureau of Spo rt Fish eries a nd Wildlife Applicants falling to respo nd to the 

notice of proposed allocations or falling 

to furnish th e prescribed fee shall be 

deemed to have withdra wn th eir ap plications. App lican ts who submit the re ­

quired showing an d fee by othe r than 

registered or ce rtified mall, do so at their 

own risk.

(ei Any q uanti tie s of blrdsklns of the 

respective species which become available for all ocation through the failure of 

applican ts to sub mit th e proper showing 

as required in pa rag raph (d) of this 

section, shall promptly be allocated 

among those app licants whose requests 

were no t satisfied In full, using th e me thods prescribed in pa rag rap hs (a) thro ugh 

(c) of t his section to de term ine the a dditional quantity of skins allowable to each 

such applica nt.

8 15.2 4 R ra llo cati on o f tin uM -d ca lend ar

ye ar quota *.

Any por tion of the calend ar year 

quotas which may become available for 

reallocation through surrender or non ­

use. In whole or in pa rt, of permits ex piring on June 30 of any year, shall be r eallocated as promptly as possible after the 

closing date for filing among app lica nts 

who have submitted pro per applications 

In acco rdance with 515.21 Such reallocations shall be made by th e method 

prescribed in 5 15.23 (a) through (c). If 

the quantities of th e respective species of 

birdskins are insufficient to permit reallocation among all applicants by such 

method, preferen ce shall be given to

those app lica tions bearing the earliest 

postmark.

§ 15 .2 5 iM u an ce o f p erm it ..

As soon as prac ticable a fte r the ann ual

quota allocations or realloca tion s have 

been dete rmined, the quotas allo cated to 

successful applican ts shall be evidenced 

by permits Issued to the applicant with 

copies forwarded to the respecUve D is ­

trict Directors of Customs at the ports 

of entry specified in the applications. 

Such perm its shall authorize the Importation and en try for limited use, of the 

qua ntities of blrd sklns allo cated to each 

applicant. Until such time as it shall 

be found necessary to reduce the imp ort 

quota established for phe asa nts, pe rmits will au tho rize the entry of a stated 

num ber In the aggrega te of those species 

of pheasan t for which a quo ta is 

provided.

§ 15.2 6 T en u re o f im p o rt ati o n p e rm it ..

(a( Permits covering the calendar 

year quota allocations are Issued as of

Janu ary 1 an d rem ain in effect through 

June 30 of the yea r of issue. No exten ­

sion of time shall be granted on such 

perm its and any portion of the quota 

allocations which become availa ble 

throu gh surre nder or nonuse. In whole 

or In part, of a permit exp iring on 

June 30. shall be realloca ted amo ng ap ­

plicants who s ubm it pro per applications.

(bi Permits covering the reallocatio ns 

made pu rsu an t to ! 15.24 shall be issued 

as promptly as possible af te r July 31 

and rem ain in effect throu gh December 31 of the yea r of Issue. No ex ten ­

sion of time shall be granted on such 

permits, and any portion of the quotas 

so realloca ted which are no t imported 

through surre nd er or nonuse of reallocation permits, in whole or In part, on 

or before December 31 of the yea r of 

issue, shall lapse and no fu rth er allocation thereo f shall be made

PART 16— INJURIOUS WILDLIFE

Subpart A— Introduction

Sec.

16.1 Purpose of regulations.

16.2 Scope of regulations.

16.3 General restr ictio ns.

Subpart B—Importation or Shipment of Injurious

Wildllfa

16.11 Im portation of live wild mamm als

16.12 Importation of live wild birds or the ir

eggs

16.13 Importation of live or dead flsh. mollusks. and crus tace ans, or their 

eggs

16.14 Im portation of live amphibians or

their eggs

16.15 Im portation of live reptiles or their

eggs

Subpart C— Permits

16.21 [Reserved)

16.22 Injuri ous wildlife permits.

Subpart D— Additional Exemptions

16 31 | Reserved |

16.32 Im portation by Federal agencies

16.33 Im portation of natural history spec imens.

AuTMoamr Lacey Act. 74 Sta t. 754 (18 

U.8.C. 42)

Subpart A— Introduction

§ 1 6 .1 Pu rp os e o f r egula tions.

The regulations con tained in this pa rt 

Implement the Lacey Act (1 8 U .8 .C . 4 2 ).

§ 1 6 .2 Sc op e o f r egula tions.

Th e provisions of this Pa rt are in ad ­

dition to. an d are not in lieu of, other re gulations of this Subchapter B which may 

require a permit or prescribe addition al 

res tric tions or conditions for the impor ­

tation . ex portation, a nd in ter sta te tr an spo rtation of wildlife (see also P art 13). 

§ 1 6 .3 Gener al re st rictio ns.

Any imp ortation or tra ns po rta tio n of 

live wildlife or eggs ther eof, o r dead flsh 

or eggs or salm onids of the flsh family 

Salm onid ae into the United State s or its 

territo ries or possessions Is deemed to be 

inju riou s or potentially inju riou s to the 

he alth an d welfa re of huma n beings, to 

the int erest of forestry, agriculture, and 

hortic ulture , an d to the welfare and 

survival of the wildlife or wildlife re ­

sources of the United Sta tes ; an d any 

such importation into or th e tra ns po rta ­

tion of live wildlife or eggs thereo f between the c ontin ental U nited Sta tes, the 

Dis trict of Columbia, Hawaii, the Common wea lth of Pu erto Rico, or any te rrito ry or possession of the United Sta tes 

by any mea ns whatsoeve r, is proh ibited 

except for certa in purposes and under 

certa in cond ition s as herei nafte r provided in this pa rt: Provided, Th at the 

provisions of this section shall not apply 

to psittac ine bird s (see also 16.32 and 

16.33 for oth er exemption s).

Subpart B— Importation or Shipment of

Injurious Wildlife

§ 16 .11 Im p o rt a ti o n o f live wild m am ­

mals.

(a) The imp orta tion, transpo rta tio n, 

or acquisition is p rohibited of live specimens of (1) any species of so-called 

•flying fox” or frui t bat of the genus 

Ptero pus; (2 ) any species of mongoose 

or mee rkat of the genera Atilax. Cynictis. Heloyale. Herpestes. Ichn eum ia.

Mungos, and Suricata; (3) any species 

of European rabb it of the genus Oryctolagus: (4 ) any species of India n wild 

dog. red dog. or dhole of the gen us Cuon;

and (5) any species of mu ltim amma te 

ra t or mouse of the genus Mastomys:

Provided, Th at the Directo r shall issue 

permits authorizing the imp orta tion , 

tra nsportation, and possession of such 

mam mals under the term s and condition s set forth in 5 16.22.

<b> Upon the filing of a w ritt en declaration with the District D irector of Customs at the po rt of entry as required 

under g 14.61, all othe r species of live wild 

mam mals may be imported, tran spo rted, 

and possessed in captivity, withou t a 

perm it, for scientific, medical, edu cational, exhibition, or propagatin g pu rposes. but no such live wild mamm als or 

any progeny the reo f may be released 

into the wild exc ept by the St ate wildlife c onserva tion age ncy having jurisdic ­

tion over the area of release or by persons having prior w’rit ten perm ission for

FEDERAL REGISTER VO L 39, NO 3— FRIDAY. JANUARY 4. 1974
1170 RULES AND REGULATIONS

release from such agency: Provided.

Th at the provisions of this parag rap h 

shall not apply to live game mammals 

from Mexico, the imp orta tion of which 

is governed by r egulatio ns und er Pa rt 14 

of this chapter.

§ 16.1 2 Im p o rt ati o n o f live wild b ir d * or

th eir eggs.

(a) The importatio n, transportation, 

or acquisition is proh ibited of any live 

specimen or egg of (1) the species of socalled “pink sta rling ” or "rosy pa sto r” 

St um us rose us; (2) the species of dioch 

(including the subspecies black-fronted, 

red-billed, or Sud an dio ch) Quelea quelea; (3) any species of Java sparrow. 

Padd a oryzivora; (4) the species of redwhiskered bul-bul, Pycnonotus jocosus: 

Provided. Th at the Director shall issue 

permits authorizing the importatio n, 

transp ortation, and possession of such 

live birds under the terms and c onditions 

set forth in 5 16.22.

<b> Upon the filing of a wri tten declaratio n with the D istrict Director of Customs at the por t of entry as required 

und er 9 14.61. all species of live wild 

game, birds may be imported, tra ns ­

ported. and possessed in captivity, withou t a perm it, for scientific, medical, ed ucationa l. exhibition, or prop agating 

purposes, a nd the eggs of such bird s may 

be imported, transp orte d, and possessed, 

withou t a perm it, for propagating or 

scientific collection purposes, b ut no such 

live wild game birds or any progeny 

the reo f may be released into the wild 

exc ept by the S tate wildlife conservation 

agency having Jurisdiction over the are a 

of release or by persons having prior 

writte n permission for release from such 

agency.

(c) Upon the filing of a w ritten declaratio n with the District Director of Custom s at the po rt of entry as required 

under 9 14.61. all species of live, wild 

nong ame birds (oth er th an those listed 

in parag rap h (a) of this section) may be 

Imported, tran spo rted , and possessed in 

captivity, without a perm it, for scientific. medical, educatio nal, exhibition, or 

pro pag ating purposes, but no such live, 

wild nongame birds or any progeny 

thereo f may be released into the wild 

except by or under the direction of 8t ate 

wildlife conservation agencies when such 

agencies have received prior wri tten per ­

mission from the Director for such release: Provided. Th at the provisions of 

this paragr aph shall not apply to live bald 

and golden eagles or to live mig ratory 

birds, the importa tion of which is govern ed by regulatio ns under Pa rts 22 and 

21 of this cha pter, respectively, or to 

bird s of t he Family Psittacidae (parrots, 

macaws, cockatoos, parakeets, lories, 

lovebirds, etc .), the imp ortation and 

transpo rta tio n of which is governed by 

U.8. Public He alth Service regulatio ns 

under 42 CFR 71 and 72.

(d) The imp orta tion of the eggs of 

wild nongame birds is proh ibited except 

as permitted under 9 16.33.

§ 16.1 3 Im p o rt ati o n o f liv e o r dead fisli,

m ollusk s, an d crustac eans, o r th eir

(a) (1) The importation, tra ns po rta ­

tion. or acquisition is prohibited of any 

live fish or viable eggs of the family 

Clariidae: Provided. Th at the Director 

shall issue perm its authorizing the importation. transp ortation, and possession 

of such live fish or viable eggs und er the 

term s and conditions set forth in 9 16.22.

(2) Except as provided in subp ara ­

gra ph (1) of this paragrap h, and except 

for the salmonids of the fish family 

Salmonidae. as provided in pa rag raph

(b) of this section, all species of live or 

dead fish, mollusks, and crustaceans, or 

pa rts thereof, or their eggs, may be imported. transported, and possessed in 

captivity without a permit, for scientific, 

medical, educational, sale, exhibition, or 

propagational purposes upon the filing of 

a wri tten declaration with the Dis trict 

Directo r of Customs at the port of e ntry 

as required under 9 14.61. No such live 

fish, mollusks, crustacean, or any prog ­

eny or eggs thereof, may be released 

into the wild except by the St ate wildlife conservation agency having juris ­

diction over the are a of release or by 

persons having prior wri tten permission 

from such agency.

(b) (1) Notw ithstand ing au tho rity 

grante d Federal agencies in 9 16 32. all 

live or dead fish or eggs of salmonids of 

the fish family Salm onidae are pro ­

hibited entry into the United States for 

any purpose unless such impor tations are 

by direct shipm ent, accom panied by a 

certification th at the imp orta tion is free 

of the protozoan Myxosoma cerebral is. 

the causativ e age nt of so-called "wh irling disease.” and the virus causing viral 

hemorrh agic septicemia or "Egtved dis ­

ea.'e.” The certifica tion shall be signed 

in the cou ntry of origin by a desig nated 

official acce ptab le to the Secreta ry of 

the Interior as being qualified in flsh 

pathology, or in the United State s by a 

qualified fish patholog ist designa ted for 

this purpose by the Secreta ry of the 

Inte rior.

(2) The certificate required by this 

section shall consis t of a stat em en t in the 

English language, printed o r typew ritte n, 

sta tin g th at th is s hipme nt of fish or eggs 

is free from thes e two diseases by the 

methods outlined in Fish Disease Lea flet 9. and will c ontain (I) the date and 

port of exp ort in the country of origin 

an d the anti cipated United State s date 

of arrival and por t of entry. Hi) surface 

or air carrier and flight number, o r vessel name or number, (hi) bill of lading 

number or airway bill number, and (iv) 

the handwritte n signature, in ink, of the 

auth orized certifying officer, and may be 

substantially in the following form:

I______ ___________________ _ ap prov ed by

th e Sec re tary of th e US. D ep ar tm en t of th e

In te rior, on ------------------- as a ce rtifyi ng

(D ate,

official f o r -------------------as re qu ired by Title

(C ou ntry )

50. CF R 13.7( b). do he reby ce rtify, us in g 

th e metho do logy de scrib ed in Fi sh Diseas e 

Le aflet (FD L-9 . Ju ly 1968), th a t th is sh ip ­

m ent of — .................of de ad or live flsh or

(W eigh t in po un ds )

flsh egg s to be sh ippe d un der . .......................

---------------------------------------------is free of th e

(B ill of ladi ng num be r, or

airw ay bi ll nu m be r)

pr ot oz oa n Myxosoma ce rebr alls. th e causa ­

tiv e ag ent of so-called "w hirling disease." 

and th e vi ru s ca us ing viral he m or rh ag ic se pti ce m ia or "Eg tved disease."

The sh ip m en t is sc he du led to de pa rt

------------------------------------- o n ------------------via

(C ity and Cou nt ry ) (Date )

________________________ with an ticip ate d

(N am e of ca rrie r)

ar riva l a t th e po rt o f ........................U S A., on

(City)

(D ate)

(S ig na tu re In Ink of ce rtifyi ng offic er)

(D ate ,

(c) Nothing in this pa rt shall res trict 

th e imp orta tion and tra nspo rta tio n of 

the flsh family Salm onid ae when such 

flsh or eggs have been processed by c anning. pickling, smoking, or otherwise pr epared in a manner whereby all spores of 

the protozoan Myxasoma cereloralis. the 

causative age nt of so-called "whirling 

disease." and the virus causing viral 

hem orrhagic septic ema or so-called 

"Egtved disease." have been killed. Salm ­

on landed in North America and bro ught 

into the United State s for processing or 

sale, or any salmon id ca ught in the wild 

in N orth America under a sp ort or a commercial fishing license shall be exem pt 

from the requirem ents for certification 

an d from the filing of the Declaration for 

Im portation of Wildlife

§ 16.1 4 Im p o rt ati o n o f liv e am phib ia ns

or th eir eggs.

Upon the filing of a wri tten decla ratio n with the District Director of Custom s at the port of entry as required 

under 9 14.61. all species of live amp hib ­

ian s or the ir eggs may be imported, 

tran spo rted, and possessed in captivity, 

without a permit, for scientific, medical, 

education, exhibition, or prop agating 

purposes, but no such live amphibians or 

any progeny or eggs ther eof may be released int o the wild except by the State 

wildlife conservation agency having 

jurisdictio n over the are a of release or 

by perso ns having prior written permission for release from such agency.

§ 16.1 5 Im p o rt ati o n o f liv e re ptile s or

th eir eggs.

Upon the filing of a wri tten de cla ration with the Dis trict Director of Custom s at the port of entry as required 

under 9 14.61. all species of live reptiles 

or their eggs may be imported, t ra nsporte d. and possessed in captivity, withFEDERAL REGISTER, VOL 39. NO 3— FRIDAY. JANUARY 4. 1974
211

RULES AND REGULATIONS 1171

out a permit, for scientific, medical, 

educational, exhibition, or propagating 

purposes, but no such live reptiles o r any 

progeny or eggs thereof may be released 

Into the wild except by the S tate wildlife 

conservation agency having jurisdiction 

over the are a of release or by perso ns 

having prior written permission for release fro m such agency.

Subpart C—Permits 

§ 16.21 [Reserved]

$ 16.22 Injurio us wild life permits.

The Director may, upon receipt of an 

app lication and in acco rdance with the 

issuance cri teria of this section. Issue a 

perm it authorizing the Imp orta tion into 

or ship ment between the con tinental 

United States, the Distlct of Columbia. 

Hawaii, the Commonwealth of Puerto 

Rico, or any possession of the United 

States of inju rious wildlife iSee sub part 

B of this pa rti for zoological, edu cational. medical, or scientific purposes.

tai Application procedure. Applications for permits to import or ship Injurious wildlife for such purposes shall 

be submitted to the appro pri ate Special 

Agent in Charge iSee I 13.11(b) of this 

subc ha pter). Each such appli cation must 

con tain th e general inform ation and ce rtification required by I 13.12(a) of this 

sub chapter plus the following additional 

inform ati on :

(1) The num ber of specimens and the 

common and scientific nam es < genus and 

species) of each species of live wildlife 

proposed to be Imported or otherw ise 

acquired, tran spo rted , and possessed;

(2) Th e purpose of such importatio n, 

or othe r acquisition, tra nsporta tion, and 

possession;

(3) Th e a ddre ss of the premises where 

such live wildlife will be kept i n capti vit y;

(4) Th e nam e and add ress of the 

consignor or oth er person from whom 

such wildlife will be acquired; and

(5) A s tat em en t of a pp lic ant’s qualifications an d previous experien ce in ca ring for an d handling captive wildlife

(b) Additional permit condition s In 

add ition to the general condition s set 

fo rth in Par t 13 of this Subchapte r b, 

perm its to Im port or ship Injurious wildlife for zoological, educational, medical, 

or scientific purposes shall be subject to 

the following conditions:

(1) All live wildlife acquired under 

permit an d all progeny thereo f, must be 

confined in the approved facilities on 

the premises auth orized In the perm it

(2) No live wildlife, acquired und er 

perm it, or any eggs or progeny thereof, 

may be sold, dona ted, traded, loaned, or 

tra nsfer red to any other person unless 

such perso n has a jiermit Lssued by the 

Director under I 14 22 authorizing him to 

acquire an d possess such wildlife or the 

eggs or progeny thereof

(31 Permittees shall sub mit a report of 

all live wildlife acquired under autho rity 

of a permit to the Director wi thin 10 days 

following the date of such acquisition

(4) Permittees must notify the Director by letter within 10 days following the 

death and by telep hone or telegraph 

within 24 hours following the escape of 

any wildlife or their progeny possessed

under auth ority of a perm it, unless specifically exempted from eit he r requirement by special terms of his permit.

(c) Issuan ce criteria. Th e Director 

shall consider the following in deter ­

mining whether to issue a permit to impor t or ship injurious wildlife for zoological. educational, medical, or scientific 

purposes:

<1) Whethe r the wildlife is being importe d or otherw ise acquired for a bona 

fide scientific, medical, educatio nal, or 

zoological exhib ition purpose:

(21 Wh ethe r the facilities for holding 

the wildlife in captivity have been in ­

spected and approved, and consist of a 

basic cage or structur e of a design and 

material adeq uate to preven t esca|je 

which Is ma intained inside a building or 

other facility of such str uc ture th at the 

wildlife could not escape from the build ­

ing or oth er facility afte r escaping from 

the cage or str uctur e m ain tained t he re in;

(3) Wh ether the applicant is a responsible person who Is awa re of the 

potential dangers to public interes ts 

posed by such wildlife, and who by re ason of his knowledge, experience, and 

facilities reasonably can be expected to 

provide adequate protection for such 

public interest s; and

(4) If such wildlife is to be imported 

or otherwise acqu ired for zoological or 

aquarium exhib ition purposes, whe ther 

such exhib ition or display will be open 

to the public during regula r app ropriate 

hours.

Subpart D—Additional Exemptions 

§ 16.31 [Reserved]

§ 16.32 Importation by 1'rderal agencies.

Nothing In this par t shall res trict the 

importatio n and transpo rta tio n, without 

a perm it, of any live wildlife by Federal 

agencies solely for their own use. upon 

the filing of a wri tten decla ration with 

the District Director of Customs at the 

port of entr y as required under I 14.61: 

Provided. Tha t th e p rovisions of this se ction shall not apply to bald and golden 

eagles or t hei r eggs, or to m igratory birds 

or the ir eggs, the imp ortations of which 

are governed by regulations under Parts 

22 and 21 of this ch apter, respectively 

8 16.33 Importation of natural-history

specimens.

Nothing in this par t shall res trict the 

importatio n and transpo rta tio n, without 

a perm it, of dead na tur al- histo ry specimens of wildlife or the ir eggs for museum 

or scientific collection purposes: Provided. T ha t the provisions of this section 

shall not apply to dea d mig rato ry birds, 

the importa tion of which is governed by 

regulations under Pa rts 20 and 21 of this 

chapter; to dead game mam mals from 

Mexico, th e impor tation of which Is governed by regula tions un der Par t 14 of this 

chapter: or to dead bald and golden 

eagles or the ir eggs, the impor tation of 

which is governed by regulations under 

Pa rt 22 of th is ch apter.

PART 17— ENDANGERED WILDLIFE

Subpart A—Intraductlan Sec

17.1 Purpose of regulations .

17.2 Scope of reg ula tions

Subpart S— Endangered Wildlife Liats

Sec

17.11 Endangered for eign wildlife.

17.12 Enda ngered nativ e wildlife.

17.13 Am endments of the llata of en da ngered wUdllfe.

Subpart C— Endangered WUdllfe Importation

Permits

17.21 Oeneral permit req uirement,

17.22 Eco nom ic hardship permits.

17.23 Zoological, ed ucation al, scientific, or

pro pag ation permits.

AuTHoerrv Enda ngered Speci es Conservatio n Act of IMS. sec 4(e ), S3 St at 27B (16

us e. 868cc- «)

Subpart A— Introduction 

8 17.1 Purpose of regulations.

The regulatio ns con tained In this pa rt 

Identify the species or subspecies of native and foreign wildlife determ ined by 

the Secreta ry to be threa ten ed with extinc tion. esta blish procedures and cri ­

teria for issuance of perm its for importation of endangere d foreign wildlife, and 

provide for public particip ation in the 

ame ndm ent of the end ang ered wildlife 

lists. The regulations of this par t implement. In part, the Endangered 8pecies 

Conse rvation Act of 1969 (16 U.8.C. 

668aa to 668cc~6>

§ 17.2 Scope of regulations.

la) The regu latio ns of this par t apply

only to endangered wildlife.

(b) The provisions in this par t are In

add ition to. and are not in lieu of. othe r 

regulations of this subchapter B which 

may require a permit or prescribe add itional restrictions or conditions for the 

Impo rtation, exp orta tion, and inter sta te 

transpo rta tio n of wildlife <8ee also Pa rt 

13 of this su bc ha pter).

Subpart B— Endangered Wildlife Lists

g 17.11 Endangered foreign wildlife.

Based on the best scientific an d commercial da ta availa ble to him an d after 

consultation, in cooperation with the 

Secret ary of Sta te, with the foreign 

cou ntry or c ountries In which such wildlife are norm ally found and . to the extent practicable, with Inte rested persons 

and organiz ations and oth er Interested 

Federal agencies, the Secret ary has de ­

term ined th at the species or subspecies 

of wildlife liste d below are threa ten ed 

with worldwide extinction due to one or 

more of the factors listed in 16 U.8.C 

668cc-3ta> The presence of a trinom ma! 

(th ird word) In the ’scientific name 

colum n identifies th at anima l as a subspecies. If one or more subspecies of a 

species are listed. It indicates th at the 

species as a whole is n ot e ndangered altho ugh the nam ed subspecies are The 

"common a nd commercial na me" column 

contains the most generally accepted 

names In the English language When 

two or more common names f or a species 

are In common usage, the most widely 

used one is placed first, followed by o thers in parentheses The public should be 

aware th at common and commercial 

names may vary from local usage. The 

"where found” column is provided for the 

convenience of the public, is not e xha ustive. is not required to be given by law. 

an d has no legal significance

HO44AL (CCISTES. VO L 34. NO 3— MIOAV. JAN UAIV 4. 1474
212

1172 RULES ANO REGULATIONS

Com mon name Scientific name Where found

Crocodile, Morelet’s

Psptu tyl a pulekemna

SaJmo pU tfc ep ha lut..

Ilfm euopkyaa curia.

I'ruitUa pkreatophila.

PangoRtaR tan ilw on gif i.

1‘aufaaianodon fiQat.

Acanikoruldu t handlirat

('orrobafTut idtikawai

rt M ti a taiMffo

. Ad miralty Islands: Manus Island.

Epieraita rubflapui

('rocodflua rlumbi/rr

CVorodyfiu m or tld it.

O oc ok flm n ito in u 

Crocodplua inter mrdtua

Hacialia pau^rticua

Africa.

Orinoco River, no rth ern South

Coaolopkua paUidua.

Bu rm a. Ind ia, Indon esi a. Malaysia.

Tealudo r

Tortoise, Short-necked or swamp, / ‘Reudemydura uiubrtna

Spkruadon jnind alut

T tm p e n t atabu da .

zptAxAefyR kem pii.

Tur tle , A qu ati c box. . ..

Tu rtl e. Atlanti c Ri dle y..

Tur tle , Haw ksbill

Tur tle , L ea the rba ck.......

Tur tle , South Americ an River. Podocurmu ezpan.

Tur tle , So uth American Ri ver.. 1‘odocntmie uni/ilia

Yacare ( Ca im an )........... Can aan yocare

Eretmotkdfa imbncata

Drrmocbrlyi eoriatea.

Australia.

. New Zealand. 

. Mexico.

Bolivia, A rgentina, Pe ru. Br asil.

Bobwhlte, Ma ske d.. 

Bristl ebird , W estern . .

Bu lbu l, Ma uritius oliv aceous... 

Bul lfinch, Sao Miguel 

Bu sta rd, Gr ea t In di an ............

Con dor. A ndean.

Crane , S iberian w hite ....

Crane, Whooping 

Curasso w. Red-billed. 

Cura ss ow , T rin id ad wh ite - 

headed.

Curle w. Eskim o. . .

Dove, Clo ven -feathered..

Dove, G rena da .......................... .

Dove, Pa lau gro und - - 

Du ck, White-winged wood.

Eagle, Monkey-eat ing.................

Eagle, Spanish im pe ria l.............

Fly catc her , T ah iti

Fo dy , Seychelles.....................

Goose, A leu tian C an ad a.......

Goshawk, Ch ris tm as Is land.

Grebe. Atitlan.. 

Gu an, H orn ed .. 

Gu ll, Au douin’s.

Kestre l. Seychelles.

Ki te. Cu ba ho ok -billed.. 

Ki te. Gre nad a hook-billed.

Ko kak o..................................

Magpie ro bin. Seychelles .

Mai k oh a. Bed-fa ced.............

M eg a pod e. LaPerou se’s 

Monals 'see phe asa nt) 

Monarch. T in ia n. . . . . . . .

Ostric h, Arabian 

Ostric h. West A frican.

Ow l. Anjoua n sco ps......

Owl, S eychelles.................

/AaRyomu bradtppterua longiroatna.

. Ilfpa ipt ita borbontcua olinaceua

PyrrhuJa pyrrhula murina..

Choriotia nipriu pa. . . . . . . . ..........

/ ‘(erodroma eakow

I'tdfur grypkuR

Gnu moaackuR

(Srua /apone nau.. ............................

Gn u fewaoyrrantu

Oar MaawnftadUf

PipiU pipiU pipiU

Num eniua bortalia

lirepanoptila holooerieea..

I* pint da ttfUti

> ialltrolumba tanifrona

Covina eeuiulata

Cdkroopkoyajeferyi.

Agwda krfiara adalberl,

Eqrrtta tulopkotta

I'alpo ptrrprinua ana/uin 

Falya pereyriauR tundriui

Phipidura Upida

h mptdonaz c ulm fohnatorui

Terpatpkoaa torrina 

Pnmarra ni^ra myro

Accipttrr /aeciatua n alalia

Caaatdii paluattu

Amytor nu poydm

Paddymbue aipaa...........

•Hropkoau drrbutnua

larua aadoumu 

At tip drr frattrrau puadlua •oacesil puai

Hutto yaiapayoeaRiR 

Vrlipkaya taaatdtr

Stripopa habroptilua

CKoudrokterai wdaonu

i opaythua aeyekrUaru»t

Moaartka takataukaaar

Stru t k to tamelua ayriaeua

.'truiMio eomrlua ipo tti

OIkr n dSaa capnodea . Comoro Isla nds

Ja pa n, V.K .S.R 

'h ln a , K< 

> In dia.

Ja pa n, C hina. Korea, U.S.S.R.

Ca nada . United States.

Ca nada to A rgentina.

New Caledonia.

West Indies: Grenada.

. Pa lau Islands.

. Ind ia. Th ailan d, Malasia, Burm a. 

Indonesia (including Java). 

Philippines.

Sp ain . Morocco, Algeria.

Ch ina, Korea.

Ca nada, Un ited Stains, Mexico.

. Ca nada, Un ited States, Mexico.

Ja pa n. United States.

In dian Ocean: Ch ristm as Islan d 

Mexico.

Au stralia

Mediterranean.

Com oro Islands.

Ecu ado r Galapagos Islands 

Australia 

Ja pa n, Korea. U.

New Caledonia.

New Zealand.

Mascarene Islands Mauritius. 

Seychelles

Indo nesi a Celebes

Mariana Isla nds Tinia n Island.

Pa rak eet. Paradise ....................

Pa rak eet. Forbes*..........................

Pa rak eet. Mauritius ring necked

CyenorempkuR aurk epa forbtai.

Padtacula kro nen rtk o...............

Australia.

New Zealand 

Mauritius.

FEDERAL REGISTER, VO t. 39. NO. 3— FRIDAY, JANUARY 4. 1974
Com mon name

Pa rake et, O chre-m ark ed.......

Pa rake et. Golden-shouldered 

Pa rak eet. Tu rqu oise .. 

Pa rro t, Bah amas

Pa rro t, Night.

Pa rrot , Orange-bellied 

Pa rro t, Red-browed 

Pa rrot , St. Luda . 

Pa rrot . St. V in cen t.. 

Pa rrot . Scarle t-chested

Penguin. Galapagos

Pheasan t, Chinese monal.

Phea san t, Sd at er ’s inonal

Phea san t. 8w inhoe's......... .

Ph ea sa nt. Western tragopan 

Ph ea sant, Wh ite-eared.

Pi op io......................................

Plo ver . New Zealand shor e. 

Rail. Au ckl and Island

Scr ub -bi rd. Noisy 

Sha ma , Ce bu bla ck ..

Shr ike . Mauritius cuckoo 

Shrike, Reu nion cucko o.. 

Starling, Pon ape Mounta in 

Starling. Ro ths child's .. 

Stork , W hite oriental .

Tern. Californ ia lea st. 

Th rash er. White-breasted 

Trago pans fsee Phea sants) 

Trem ble r, Martinique brown

Wan derer. P la in ...................

Warbler, Ba ch man 's.......

Warbler. Barbad os yellow 

Warbler, Ki rtl an d's .

Warbler. Reed.

Warbler, Rod rigues .. 

Warbler, Se mp er' s................

White-eye. Pon ape tr e a t. . 

White-eye. Seychelles..

Woodpecker, Im erial........

Woodpecker, Ivory-billed. 

Woodpecker. T ris tra m' s 

Wren. Guadeloupe house 

Wren, New Zealand bush . 

Wren, 8t . Luc ia... 

Mamma ls

Arm adil lo. Pink fairy......

Ass, African w il d .. 

Ass. Asian wild.

Ban dicoot, Rab bit..

213

RULES AND REGULATIONS

Scientific name

Ama:ona rhodocorytha.

. Nropkrma tplrndida

Rkanthoptitla paehyrkyncha

Peleeanut oeeUrntalit

Spktnit cut mtndteulnt

. Crotioptllon mantehttricuni

Tragopan ca bo ti. ..

Pophophorut Ikuyttt

hopkophorut teialeri

J/>pkura in inkoi I............

Tragopan mrlanoerphalut

CrotioptUon erottoplilon

Columba paiumbui a:or lea .

Itrmipkaga noranrelandiar

ekathameniii.

T omagra eape m u .........

Tkinornlt norar teelandiar. .

Hal' ui pegloralit mu filer I. . .

Ptrroenemlo pen nata........

Pftm iea tra rm i........... .. .

Prtroiea multicolor multicolor.

Picatkartri or ra t.................

Where found

Bah amas

Australia.

West Indies : Dominica. 

Australia.

West In dies. St. Lucia. 

West I ndies: St. Vincent.

Mexico. Un ited States. Pa nama .

Bu rm a, Chi na.

China , Burm a, Ind ia.

. Ch ina, Burm a. Ind ia.

Maacarrne Isla nds: Reu nion Island. 

New Zealand.

Do.

Arg entina, Peru. Uruguay. Bolivia. 

New Zealand 

Australia Norfolk Islan d 

. Cam eroon.

Togo to Sierra Leone.

. Coptyckut nlger erbuentli. ___

Coquut t yp ic ui......................... Mascarene Isla nds: Mauritius.

West I ndies Martinique.

1173

t 'rrmirora baekn anii...

Pendroica peteekla petee

Pendroiea ktrtlandH

Aeroctpholui luteinla

West I ndies Barbados. 

Bahamas. United States.

'/.otter op t rnodtttut

CamprpkUut tm pm alu

CamprpkUut prineipalu

Pryocoput Jarentlt riekardti.

Troglodytet ardon guadeloupen

Xrn lcut longiprt

. Troglodytei ardon mrtolrueut

Anoa de pretiteomu

Cklamypkorut truneatut.......

A^aus a smus .

Pguut kemtonut ..............

Mexico.

. Cu ba , Un ited States.

. Korea.

West Indies : Guadeloupe 

New Zealand.

West Indies: St, Lucia.

Ethio pia. Somalia. Suda n.

Pa kistan . Ira n. India . Ch ina, Afgh an istan , Ce ntr al Asia.

Bear. Mexican g ris tly . ______ C7i

.\faerolit leueura................................... DoCkaeroput ecaudatui............................. . Do.

Rtbot bantrng ................ .............. Sou theast /

« nrltoni........................... Mexico.

Che etah .........................................

Clouded Leopard (see L eopard)

Col obus. R e d .........................

Col obus. Zan zib ar re d................

Deer, Ba we an ............................

Dee r, Brow-Antlered. E ld ’s ......

Dee r. Mars h..............................

Costa Ric a to nor thern Sou th 

America.

Acinonyx iub atut.....................................Africa. Asia Minor, Ind ia.

Colobut bandiut rufomitratut. . . . . . . . Ken ya.

Cofobus badiut kirkii. Tanzania: Zanzibar.

If/lapkut kukli (Crrmti kukli)............... Indonesia.

I ■MBM

Cervas elapkut macnrllli . . . . . . . . . . Ch ina. Tib et .

Ikama dama meiopotamica. . . . . Ira q. Ira n.

Cervas dutaucell . Ind ia, Nepal.

Dugong

Fe rre t, Black-f oote d. 

Forester, T as man ia n. .

Anteektn ui apica lit............................... Australia.

Cuon alptn ut.......................... .............. U .8 .8.R ., Ind ia.

Pugong dugon. . . . East Africa to Ry uk yu Islan ds.

Gazelle . Clark's ( Dlbatag) 

Gazelle. Cuv iers

Oazelle, Mho rr................ . Gaze Ila dama mkorr

Muttela nigrtpet United St ates. Canad a.

Afecropas gtganleut latmantrntit Australia.

. Vafpes netox ktbet .......................... Canad a.

. Ammoedorcat da rkii.................................. Som alia. Ethio pia.

. GaztUa curit ri............................................ Morocco, TunUda.

FEDERAL RECIS TER, VOL 39, NO. 3— FRIDAY, JANUARY 4. 1974
214

1174 RULES ANO RE GU LA TION S

3— FRIDAY, JANUARY 4. 1974
215

RULES AND REGULATIONS 1175

§ 1 7 .1 2 Endangere d nat iv e w il d life .

After consulation with the appro pri ­

ate States and afte r having reviewed 

the advice and recommendations of interested persons a nd organiz ations as appropriate. the Secre tary has determ ined, 

in acco rdance with the provisions of 

16 U.S.C. 668 aa(c ), the following species 

or subspecies of native wildlife to be 

thr eaten ed with extinction within the 

terr itory of the United Sta tes. The pre sence of a trinom ina l (th ird word) in the 

•‘scientific name " column identifies th at 

anim al as a subspecies. Th e “common 

nam e" column con tain s the most gen erally acce pted names in the English lan ­

guage. When t wo or more common names 

for a species are in common usage, the 

most widely used one is placed first, followed by oth ers in parenthe ses. The 

public should be aware th at common and 

comm ercial nam es may vary from local 

usage. If one or more subspecies of a 

species are listed, it indicates th at the 

species as a whole is not e nda ngered a lthough th e named subspecies are. 

Co m m o n N am e an d Sc ie n t if ic Nam e

Fishes;

fkwiytail, Pahrartftgai, Oita robusla jordant

Chub, humpback: Gila cypha.

Chub, Mohave: Biphatelea mohavenaia

Cisco, longjaw, Coregonua alpenae

Cui-ul; Ghaamiatea cujua.

Dace. Kendall Warm Springs; Rhinichthya

oaculua thermalia.

Dace. Moapa. .Moapa cortacea

Darter, fou nta in: Etheoatoma fonticola.

Darter, M aryland, Etheoatoma sellar e.

Darter. Okaloosa; Etheoatoma okaloosae.

Darter, watercress; Etheoatoma nuchale.

Oambuaia. Big Bend: Gambuaia gaigei

Oambuaia, Clear Creek! Oambuaia heterochir.

Oambuaia. Pecos; Gambuaia nobolia

Kllllflah. Pah rum p; Emp etrichythya lotos.

Pike, blue; Stizostedion vitreu m glaucum

Pupflsh. Comanche Springs; Cyprinodon

elegant.

Pupflsh. Devil's Hole; Cyprinodon diabolia

Pupflsh. Owen River; Cyprinodon radioaua.

Pupflsh. Tecopa: Cyprinodon nevadenia colidoe.

Pupflsh. Warm Springs. Cyprinodon nevadenaia pectoralia

8quawflsh. Colorado River; Ptychocheilua

luciua.

Stickleback, unarmo red threesplne: Goateroaterua oculeatua williamaoni.

8turgeo n. short nose; Acipenaer breviroatrum.

Topmlnnow. Oils; Poecitiopaia occidental^.

Tro ut. Arizona (Ap ache); Salmo sp

Tro ut. Olla; Salmo gilae

Trout, greenback cutth roat; Salmo clarki

stomias.

Tro ut. Lah ontan cutth roa t: Salm o clarki

henshawi.

Tro ut. Palute cutth roat: Salm o clarki seleniria.

Woundfln; Plagopherua argentiaaimua

Reptiles and amp hibians

Alligator. American: Alligator miaaiaatpienaia

Boa. Puerto Rican; Epicratea inom atua

Lizard, blu nt- nosed leopard; Crotaphytua

ailua.

8ala mander. desert slender; Batrachoaepa

aridua.

Salamander. Santa Cruz long-toed; Ambystom a macrodactylum croceum.

Salamander. Texas blind ; Typhlomolge rath -

buni.

Snake. 8an Fran cisco gar ter; Thamnophia airtolia tetrataenia

Toad. Houston: Bu/o houatonenaia

Birds.

Akepa. Hawaii (ak epa); Lozops coccinea

coccinea.

Akepa. Maul (akepu le): Lozops coccinea

ochraceu.

Aklaloa. Kauai. He mig nath us procerus

Aklapolaau: Hemignath us wtlsoni.

Bob white, masked; Colinus virginianus ridwayi.

Condor. California; Gymnogyps califomianus.

Coot. Hawaiian; Fulica americana alai.

Crane. Mississippi sand hill: Grus canadensis

pulla.

Crane, whooping; Grus americana.

Crow. Hawaiian (a lala); Corvus tropicus.

Creeper. Molakal (kakaw ahie); Lozops maculata flammea.

Creeper. O ahu (alauw ahto); Lozops maculata

maculata.

Curlew. Eskimo; Num enius borealis.

Duck. Hawaiian (koloa); Anas wyrilliana

Duck. Laysan. Anas laysanensis

Duck. Mexican: Anas diazi.

Eagle. Sou the rn bald: Haliaeetus leucocephalus leucocephalus.

Falcon. American peregrine; Falco peregrtnus

anatum

Falcon. Arctic peregrine; Falco peregrtnus

tundrius.

Finches. Laysan and Nihon. Psittirostra cantans.

Oallinule. Hawaiian; Gallinula chloropus

sondnceniis

Oooss. Aleu tian Canada; Urania ranadenats

leucopareia

Oo o m . Hawaiian <n«n«); Branta lan dvi -

ceneia.

Hawk. Haw aiian <lo); Buteo aolitariua.

Kite. Florida Everglade (snail kit e); Rostrhamua aoctabUla plumbeua.

Honeycreeper. crested (akohekohe); Palmeria

dolei.

Miller bird, Nihoa; Acrocephalua kingi.

Nukupuus, Kau ai and Maui; Hemignathua

lucidua.

Oo. Kauai (oo a a ); Moho broccatua.

Ou; Paittiroata paittacea.

Pallia; Psittirostra bailleui.

Parrot. Puerto Rican; Amazona vittata.

Parrotb lll. Maul; Paeudoneator zanthorphrys .

Pelican, brown; Pelecanua occidentallia.

Petrel. Hawaiian dark-ru mped; Pterodroma

phaeopygia tandwichenaia.

Pigeon. Puerto Rican plain; Columba inornata wetmorei.

Prairie Chicken. Attwater's greater; Tym -

panuchua cup ido attw ateri.

Rail. California clapper: Rallua longiroatria

obaoletus.

Rail, light-fo oted clapper; Rallua longiroatria

levipea.

Rati, Yuma clapper; Rallua longiroatria

yumanenaia.

Sparrow. Cape Sable; Ammoapiza mirabilia.

Sparrow, dusk y seaside; Ammoapiza migreacena.

Sparrow. Sa nta Barbara: Meloapiza melodia

graminea.

Stilt. Hawaiian; Himan topua himantopua

knudseni.

Tern. California least; Sterna albi/rons

browni.

Thrush, large Kauai; Phaeomia obacurus

my ode st Ina.

Thrush . Molokai (olomau ); Phaeom ia obacurus rutha

Thrush, small Kau ai (pu alo hl) ; Phaeomia

palmeri

Warbler, Bachman's; Vermivora bachmanii.

Warbler, Kirtla nd's; Dendroica kirtlandii.

Whip-poor-will. Pue rto Rican; Caprimu lgu s

noctitherua.

Woodpecker, ivory-billed. Campephilua prin ­

cipalis

Woodpecker. red-coc kaded: Dr nd r ocopuj

borealis

Mammals

Bat, Hswallan hoary; Lasiurus cinereus

semo tus.

Bat. Indiana: Lyotxs sodalts

Cougar. Eastern; Felis concolor cougar.

Deer. Columbian white-taile d; Odocoileus

virginianus leucurus

Deer Key; Odocoileus virginianus clavium.

Ferret, black-footed; Mustela nigripes.

Fox. San Joa quin kit; Vulpes macrotis

mutica

Manatee. Florida (sea cow); Trichechus

manatus latirostris.

Mouse, salt ma rsh harvest; Reithrodontomys

ravive ntris.

Pan ther. Florida; Felis concolor coryi.

Prairie Dog. Utah; Cynomys parvidens.

Pronghorn, Sonoran; Antilocapra americana

sonoriensis.

Rat. Morro Bay kangaroo; Dipodomys heerman ni morroensis.

Squirrel, Delmarva Peninsula fox: Sciurus

niger cinereus.

Wolf. Eastern tim ber; Canis lupus tycoon.

Wolf. North ern Rocky Mountain. Canis lupus

irremotus.

Wolf, red; Canis rufus

§ 17.1 3 Am en dm ents o f th e lis t o f endan gere d w il d life .

‘a> The lists of enda ngered foreign 

wildlife <§ 17.11) and endang ered na ­

tive wildlife (j 1742) may be revised

from time to time aa additional da ta become available which «how, to the Secret ary 's satisfa ctio n, th at a species or 

subspecies should be added to or removed 

from either list.

<b> The Direct or shall receive and 

ma intain da ta rega rdin g enda ngered 

species and subspecies of wildlife and at 

least once every 5 years, will conduc t a 

thoroug h review of the lists of endangered wildlife. Any revisions of the lists 

which are proposed by the Secreta ry as 

the resu lt of such review or otherwise 

will be published in the Federal Register. which notice shall give Interested 

persons not less th an 30 days to subm it 

written comm ents and .«mggestions

• c > At any time any interested person 

may submit a requ est for a review of any 

particular listed or nonlisted species or 

subspecies Such reque sts must be dated 

and in writing, and should be subm itte d 

to the Director. The requ est mu st contai n the following Info rmation:

(1> Name an d address of the person 

making the request;

(2) Association, organization, or business. if any. represe nted by the person 

making the request;

<3» Reasons why the person making 

the request, or the perso n he represents, 

should be conside red to be an "interes ted 

person” ;

(4) Designation of th e pa rticular species or subspecies in question by common 

and scientific nam e;

(5) Narrative exp lanation of the request for review and justifi cation for a 

change in the sta tus of the species or 

subspecies as aforesaid in Question.

Scientific, comm ercial, or other 

da ta believed to support the request; 

and

(7> Signatu re of the person making 

the request

If it is determ ined th at substantisU 

evidence has been pres ente d which warran ts a review, a finding to th at effect

FEOIIAL REGISTER, VOt NO 3---- FRIDAY, JANUARY 4, 1»74
216

1176

shall be published In t he Federal Recist ie . Such notice shall give all Interested 

person s an opp ortu nity to submit inf orma tion on the sta tus of the species or 

subspecies u nd er review In such form of 

mann er as may be specified.

Subpart C—Endangered Wildlife 

Importation Permits 

§ 17.21 General permit requiremen t.

No person shall Import from any foreign country a nd species or subspecies of 

wildlife which the Secreta ry has de ter ­

mined to be thr eaten ed with worldwide 

extinction, as evidenced by Its Inclusion 

on the list of endangered foreign wildlife 

(J 17.11) without a valid permit Issued 

pursu ant to this subp art C.

§ 1 7 .2 2 Eco no m ic h ar ds hi p pe rm its.

The Director may. upon receipt of an 

applica tion and in accordance with the

issuance criteria of this section. Issue a 

permit auth orizing Imp orta tion of endang ered foreign wildlife to prevent 

und ue economic hardship.

(а) Applic ation procedure.—Applications for permits to Import endangered 

foreign wildlife to prevent und ue economic hards hip shall be submitted by 

letter of application to the Director. 

Each such application must conta in the 

general Inform atio n a nd certification required by 113.12(a) of this subchapter 

plus the following add ition al Information :

(1) Common and scientific nam es of 

the species or subspecies, number, and 

description (e.g., tan ned hid es), of the 

wildlife to be covered In the p erm it:

<2) Purpose of the importa tion:

(3) A full sta tem ent of the fact s, circum stan ces an d reasons why failure to 

gr an t a permit und er this section would 

lead to und ue economic hardship, togethe r with all su pporting documents. Including certified copies of all relevant 

con tracts, correspondence, financial 

commitm ents, and cu rre nt and historical 

financial da ta which show the dollar 

amount of anticipa ted loss or economic 

ha rdsh ip;

<4) A full s tatem ent of the a pplica nt's 

Involvement with the Importatio n o f the 

same or similar species or subspecies of 

wildlife dur ing the calend ar year Immed iately preceding the date the proposal to list such species or subspecies 

as e ndangered was published In the Federal Register a nd the sam e Information 

for the period between the d ate the proposed listing was published In the Federal Register and the date th e actual 

determ ina tion th at the species or subspecies was endangered. This statem ent 

shou ld Include certified copies ot all 

relevan t contract, correspondence, and 

financial da ta perta ining to such 

Importatio ns:

(5) Th e economic and legal alt erna ­

tives available to the app licant:

(б) Meth od of ship ment;

(7) If live wildlife is Involved, a detailed description of the type, size, and 

con struction of the con tain er; arr angemen ts for feeding, watering, and oth erwise caring for the wildlife In tra ns it;

RULES AND RE GU LA TION S

and the arra nge men ts for caring for the 

wildlife on Imp ortation Into the United 

State s must be included:

< 8 > Date the importation is expected 

to occur; and

(9) Designated port of entry thr ou gh 

which th e Importation will be made.

<b> Additional permit condition s.—In 

additio n to the general conditio ns set 

fo rth In pa rt 13 of this sub chapt er B, 

permits to import end angered wildlife to 

preven t undue economic hards hip shall 

be subject to the following co nditions:

(1) In addition to any rep orting re ­

quirements set forth In the perm it, a 

rep ort of the Importations made und er 

au th orit y of such pe rm it sh all be su b ­

mitte d in writing to the Directo r within 

10 days following such Importation.

(2) The dea th or escape of any living 

wildlife Imported under the autho rity of 

such permit shall be reported to the Burea u's Office of Endangered Species and 

Inter natio nal Activities (pho ne 202-343- 

5687) Immediately. The carcass of any 

such wildlife which die or are killed 

should be retained In such a mann er as 

not to impa ir i ts use as a scientific specimen.

(c) Issuance criteria.—The Directo r 

shall consider the following In de termi ning whe ther to issue a permit to Import 

endangered foreign wildlife to prevent 

und ue economic hardsh ip:

(1) The di rect or Indirect effect w hich 

Issuing such permit would be likely to 

have upon the wild populations of the 

w ildl ife;

(2) The severity of th e economic h ar dship th at likely would result should the 

perm it n ot be issued;

(3) Evidence th at the applicant had 

entere d Into a valid, bind ing contract 

to imp ort Into the United State s the 

wildlife In question and th at such co ntrac t had been concluded prior to the 

date on which the wildlife was listed as 

enda ngered pursu ant to 9 17.11;

(4) Wh ether the contr act ref err ed to 

In parag rap h (c)(3) of this section had 

been entered into durin g the period between publication In the Federal Register of the proposal to list such species 

as endangered and the da te of actua l 

determ ination th at the species or sub ­

species was endangere d or dur ing a 

period when the applica nt would othe rwise likely have known th e wildlife In 

question would be dete rmined to be 

endangered:

(5) Wh ether It appears the applican t 

can reasonably effect the Imp ortation 

within 1 yea r from the date on which 

the wildlife In question was listed as en ­

dan gered in ! 17.11; and

(6) The economic, legal or oth er 

alte rna tives or relief available to the 

applicant.

(d) Tenure of permits.—Th e ten ure of 

perm its to Import end angered foreign 

wildlife to prevent undue economic ha rd ­

ship shall be designated on the face of 

the permit, but In not case shall exte nd 

beyond 1 year following the addition of 

th at species or subspecies to the list of 

end angered foreign wildlife In S 17.11.

§ 17. 23 Zoo logica l, ed uc at io na l, sc ie ntific, o r pr op ag at io n pe rm its .

Th e Direc tor may, upon receipt of an

application and In accordance with the 

Issuance criteria of this section. Issue a 

perm it au thorizing the im portatio n of endangered foreign wildlife for zoological, 

scientific, o r educational purposes, or for 

th e prop agation of such wildlife In 

captivity.

(a) Application procedures.—Application for perm its to Import endangered 

foreign wildlife for zoological, education al. scientific, or propagatlonal pu rposes shall be submitted by let ter of 

app lication to the Director. Each such 

app lica tion must con tain the general 

Inform atio n and c ertification requ ired by 

9 13.12(a) of this subchapter plus the 

following additio nal Information:

(1) Common and scientific names of 

the species or subspecies, number, age. 

and sex of the wildlife to be covered In 

the perm it;

(2 ) Copy of the contract or other 

agreem ent under which such wildlife Is 

to be Imported, showing the country of 

origin, nam e and address of the seller 

or consignor, date of the contract, number and weight (if availab le), and description of the wildlife;

(3 ) A full statem ent of justificatio n 

for the perm it, includin g details of the 

pro jec t or oth er plan s for utilization of 

the wildlife In relation to zoological, educationa l. scientific, or prop agatlon al 

purposes as app ropriate and the planned 

dispositio n of t he wildlife upon t erminatio n of th e pro ject;

(4) A description and the address of 

th e Institution or other facility where 

the wildlife will be used or maintained;

(5) A sta tem ent th at at the time of 

app lication the wildlife to be imported 

Is still In the wild, was bom In cap ­

tivity. or has been removed from the 

wild;

(8) A resume of the appli cant’s at ­

tem pts to obtain the wildlife to be Imported from sources which would not 

cause the death or removal of a dditional 

animals from the wild. If app ropriate; 

and

(7) If live wildlife Is to be Imported. 

Include;

(I) A complete description, including 

pho tographs or diagrams, of the are a 

an d facilities In which the wildlife will 

be housed;

(II) A brief resume of the technic al 

expertis e available. Including a ny e xpe rience the app licant or his personnel have 

ha d In p ropagating the species or closely 

related species to be Imported;

(III) A statem ent of willingness to pa rticipa te In a cooperative breeding progra m and main tain or contribu te da ta 

to a studbook; and

(lv) A detail description of the type, 

size, and constru ctio n of the con tainer; 

arr angeme nts for feeding, watering, and 

otherwise cari ng for the wildlife In 

tra ns it; and the arra nge ments fo r caring 

for the wildlife on Importation Into the 

United States.

(b) Additional permit condition.—In 

addition to the general condition s set

FEOtRAl REGISTER, VO l. 19. NO. 3— FRIDAY, JANUARY 4. 1974
217

RULES ANO REGULATIONS 1177

forth in pa rt 13 of this sub cha pte r B. 

perm its to Import end ang ered foreign 

wildlife for scientific, educatio nal, or zoological purposes or for the purpose of 

propagation of such wildlife in captivity 

shall be sub ject to the following 

conditio ns:

(1) In addition to any repo rting requirements set forth in the perm it, a 

rep ort of the Imp orta tion mad e under 

au tho rity of any such permit shall be 

submitted In writing to the Direc tor 

Such rep ort mu st be postmarked or actually delivered no later tha n 10 days f ollowing each such importation.

(3 > The de ath or escape of any living 

wildlife Imported und er the autho rity of 

such permit shall be reported to the Bureau 's Office of End ang ered Species and 

Inter na tio na l Activities immediately The 

carc ass of any such wildlife which die or 

are killed should be retain ed In such a 

mann er as no t to impair Its use as a scientific specimen.

(c> Issuance criteria.—Th e Director 

shall consider, among oth er criteria, the 

following in determ ining wheth er to issue a permit to imp ort endangered foreign wildlife for scientific, educational, or 

zoological purposes or for the purpose of 

propagation of such wildlife In captivity:

(1) The d ire ct or ind irect effect which 

Issuing such a permit would be likely to 

have upon the wild populations of the 

wildlife:

<2 > Wh eth er the purpose for which the 

permit is being reque sted would likely 

reduc e the severity of the th re at of extinc tion facing the subject species or 

subspecies:

(3 ) Opinions or views of scientists or 

oth er perso ns or organiz ations knowledgeable of the wildlife to be im ported or 

of othe r m att ers germane to t he ap plication:

(4) Whethe r t he expertise, facilities or 

oth er resources available to th e app lica nt a ppear adequate to successfully ac ­

complish the objectives stat ed In the a pplication: and

(5) Whethe r the purpose for which 

the perm it is being requested is adequate 

to Justify the removal of the wildlife 

from the wild or otherwise change Its 

status.

<d» Tenure ol permits.— The tenu re of 

permits to import end ang ered foreign 

wildlife for scientific, educational, or 

zoological purpo ses or for the purpose of 

propagation of such wildlife In captivity shall be de signated on the face of the 

permit.

PART 19— AIRBORNE HUNTING

Subpirt * — Introduction Sec

19 1 Purpose of reg ulations

1S 2 Sco pe of reg ulations.

19.3 Relation to other law s.

19-4 De finitions.

Sub part B— Prohibition*

19.11 Oe nenu prohibition

19.12 Ex cep tions to general pro hib ition

Subpart C— Federal Permit*

Sec

19.21 Limita tio n on Federal permits.

Subpart D— State Permit* and Annual Report

Requirement*

19.31 St at e permits.

19.32 Annua l reporting require me nts

Authority Fish and Wildlife Act of 1956.

85 Stat 480, as am end ed. 86 8ta t 905 (16

US.C. 742J-1) .

Subpart A— Introduction

§19.1 Purpose o f regulations.

The regulations contain ed in this 

pa rt provide rules relativ e to the prohibition again st shooting or hara ssin g 

of wildlife from any air craft, provide the 

requirements for the contents and filing 

of ann ual reports by the State s regard ­

ing permits issued for such shooting or 

harassing, and provide regulations necessary for effective enforceme nt of the Fish 

and W ildlife Act of 1956 as amended <16 

U.S.C. 742a<-J-l).

§19.2 Scope of regulations.

The regulations con tained in this pa rt 

apply to all persons within the te rr itorial Jurisdiction of the United States, 

to all United Sta tes citizens whether 

within the territorial Jurisdiction of the 

United State s or on the high seas or on 

board ai rc raft in flight over the high 

seas, and to all persons on board ai rcraft belong ing in whole or in pa rt to 

any United State s citizen, firm, or par tners hip. or corporation created by or 

under the laws of the United States, or 

any Sta te, ter ritory or possession 

thereof

§ 19.3 Relation to othe r laws.

The exem ptions to gene ral proh ibitions

of th e Fish a nd W ildlife Act of 1956. th at 

permit airbor ne hu nting in certa in circum stan ces (See Subp art B of this pa rti 

do n ot supersede, or authorize the violation of. o ther laws designed for the c onservation or protection of wildlife, including those laws prohibiting the sho oting or haras sing of bald and golden 

eagles, polar bears and other mar ine 

mammals, migratory birds, an d oth er 

wildlife, except to the ex ten t th at ai rborne hunting is auth orized by regulations or permits issued under autho rity 

of those laws. (See eg.. 5 21.41 of this 

Subch apter]

§ 19.4 Definitions.

In additio n to definitio ns contain ed in

Pa rt 10 of th is subchapter, a nd unless the 

context otherwise requires, in this Pa rt 

19:

"Harass" m ean s to d isturb, worry, molest. rally, con cen trate, harry, chase, 

drive, herd or torm ent.

Subpart B— Prohibitions

§1 9.1 1 General p roh ibition.

(a) Except as otherwise authorized 

by the Fish and Wildlife Act of 1956 as 

amended, no person sh al l:

(1) While airb orn e in any aircraft 

shoo t or atte mpt to shoot fo r th e purpose 

of cap tur ing or killing any wildlife;

(2) Use an air craf t to ha ras s any 

wildlife; or

<3> Knowingly particip ate in using an 

air craf t wheth er in the airc ra ft or on 

the ground for any purpose referred to 

in para gra ph (a> (D o r ( 2):

«b» The acts proh ibited in this section include, bu t are not limited to. any 

perso n who—

(1» Pilots or assists in the operation 

of a n a irc raft from which an othe r person 

shoots or shoots at wildlife while ai rborne, or

<2> While on the grou nd takes or attem pts to tak e any wildlife by means, 

aid, or use of a n air cra ft.

§ 19.12 Exception* to general proh ibitions.

The prohibitio ns of the preceding section shall n ot apply to any person who—

(D Is acting within the scope of his 

official duties as an employee or au thor ­

ized age nt of a S ta te or the United States 

to adm inister or protect or- a id in the 

administration or protection of land, 

water, wildlife, livestock, dom esticated 

animals, huma n life or crops; or

(2> Is acting within the limitati ons of 

a permit referred to in 55 19.21 or 19.31 

of this part.

Subpart C— Federal Permit*

§ 19.21 Limitation on Federal permits.

No Federal permits will be issued to 

auth orize any person to hunt, shoot, or 

haras s any wildlife from an airc raft, except for Federal permits to scare or h erd 

mig ratory birds referred to in 5 21.41 of 

this subchapter.

Subpart D— State Permits and Annual

Report Requirements

§1 9.3 1 State permits.

<a» Except as prov ided in 5 19.3. State s 

may issue permits to perso ns to engage 

in airborne hunting or haras sing of 

wildlife for purposes of a dministering or 

protecting land, water, wildlife, livestock. domestic anim als, huma n life or 

crops. State s may not issue perm its for 

the purpose of sport hunting

(b) Upon issuance of a perm it by a 

State to a person pursu ant to this 

section, the issuing au tho rity will provide Immediate notifica tion to the Special Agent in Cha rge having juris diction 

accordin g to 5 10.22.

§ 19.32 Annual rep orting requirements.

<ai Any State issuing permits to persons to engage in airb orne hunting or 

harassing of wildlife or any St ate whose 

employees or agents particip ate in airborne hu nting or ha ras sin g of wildlife for 

purposes of administering or protecting 

land , water, wildlife, livestock, domestic 

anim als, huma n life or crops, shall file 

with the Director, an ann ual rep ort on 

or before July 1 for the preceding calendar yea r ending December 31.

(b) The a nnual rep ort requir ed by th is 

section shall c ontain the following info rmation as to each such permit issued:

(D The nam e an d address of eac h person to whom a perm it was issued.

FEDERAL REGISTER. VOL 39, NO. 3— FRIDAY, JANUARY 4, 1974
218

RULES AND REGULATIONS

(2) Perm it n umb er a nd Inclusive d ates 

durin g which permit was valid.

(3) The air cra ft num ber of the ai rcr af t used and the location where such 

ai rc raft was based.

(4) Common nam e and numb er of t he 

wildlife for which authorization to take 

was given and a description of the are a 

from which the wildlife were auth orized 

to be taken.

(5) The purpose for which the permit 

was Issued, specifically Identifying 

wheth er the p erm it was Issued to protect 

land, water, wildlife, livestock, domestic 

anim als, crops, or huma n life.

<6) The common nam e and num ber of 

wildlife taken by perm ittees and Sta te 

employees or agents.

<c> A compilation of all annual repor ts required by this section shall be 

mad e by the Director and furnished to 

any State filing such ann ual report.

PART 21— MIGRATORY BIRD PERMITS

Subpart A— Introduction

8«c.

21.1 Purpose of r egu lations.

21.2 Scope of regulation s.

Subpart B—General Requirements And

Exceptions

21.11 Oeneral per mit requ irem ents.

21.12 Oeneral exc eption to permit requirements.

21.13 Per mit exc eptions for captive-reared

mallard ducks.

21.14 Per mit exc eptions for captive-reared

migratory waterfow l other than

mallard ducks.

Subpart C—Specific Permit Pipvlslons

21.21 Imp ort and export per mits

21 J2 Banding or*marking perm its.

21.23 Scien tific colle cting p erm its

21.24 Taxiderm ist permits

21.25 Waterfowl sa le and dispos al permits.

21 28 Specia l a vlc ulturls t perm it.

21.27 Specia l pu rpose permits

21.28 Falconry pe rmits.

Subpart O—Control of Depredating Birds

21.41 Depredation permits.

21.42 Authority to Issue dep redating orders

to permit the killin g of migratory

game birds

21.43 Depredation order for blackbirds, cow -

birds. grackle s. crows and magpies

21.44 Depredation order for desig nated

spe cies of depredating birds In C alifornia.

21.45 Depredation order for dep red ating

purple g allln ules In Louisiana.

AuTHoarrv— Migratory Bird Treaty Act.

sec 3. 40 8ta t 755 (15 U8.C 704).

Subpart A— Introduction

§21 .1 Purpose o f regulations.

Th e regulatio ns contained In t his pa rt 

supplement the general permit regula ­

tions of pa rt 13 of this sub cha pte r with 

respect to perm its for the taking, possession. tra nsportation, sale, purchase , 

barte r, export. Import, band ing and 

marking of mig ratory birds. This pa rt 

also provides certain exceptions to permit requirements for public, scientific or 

educational institutions, and estab lishes 

dep reda tion orders which provide certain limited exceptions to the Migratory 

Bird Tr eaty Act (16 U.8.C. 703-711). 

§ 2 1 .2 Scope of regulations.

(a) Migratory birds, their par ts, nests, 

or eggs, lawfully acquired prio r to the

effective da te of Federal protection un ­

der the Migratory Bird Treaty Act <16 

U.S.C. 703-711) may be possessed or 

transporte d without a Federal perm it, 

but may not be imported, exported, pu rchase d. sold, bartered, or offered for p ur ­

chase. sale, trade, or barter, a nd all sh ipments of such birds must be marked as 

provided by 18 U.8.C. 44 and § 14.81 of 

this sub cha pte r: Provided. Th at no exemption from any sta tute or regu lation 

shall acc rue to any offspring of such 

birds.

<b> This Pa rt 21. excep t for § 21.22 

(banding or marking permits) , does not 

apply to the bald eagle iHaliaeetus leucocephalus) or the golden eagle (Aquila

chrysaetos) tor which regu latio ns are 

provided in p art 22 of this subchapte r.

(c) The provisions of this Par t are in 

additio n to. and are not in lieu of oth er 

regulations of this Subch apter B which 

may require a permit or prescribe addition al rest rictions or conditions for the 

importa tion, exportation, and int ersta te 

tra nspo rta tio n of wildlife (see also Pa rt 

13.)

Subpart B— General Requirements and

Exceptions

§ 21 .1 1 Gener al perm it re quir em ents .

•No perso n shall take, possess, tran sport. sell, purchase, barter, or offer for 

sale, pur cha se or barter, export o r im port 

any mig ratory bird, or the parts, nests, 

or eggs of such bird except as may be 

permitted under the term s of a valid 

permit Issued pursu ant to the provisions 

of this pa rt and pa rt 13. or as perm itte d 

by regu latio ns in this pa rt or pa rt 20 

(th e hunting regulations).

§ 2 1 .1 2 Gen er al ex ce ption to perm it

re quir em ent*.

Th e following exceptions to the per ­

mit requ irem ent are allowed.

(a) Employees of the De partm ent of 

the Inter ior auth orized to enforce the 

provisions of the Migratory Bird Tre aty 

Act of July 3. 1918, as am ended (40 Stat. 

755: 16 U.8.C. 703-711), may. without a 

perm it, tak e or otherwise acquire, hold 

in custody, tran spo rt, and dispose of migratory birds or the ir parts, nests, or 

eggs as necessary in perf orming the ir 

official duties.

(b) 8t at e game departm ents, municipal game farms or parks, and public 

museums, public zoological parks, and 

public scientific or educational insti tutions may acquire by gift or purchase, 

possess. transport, and by gift or sale dispose of lawfully acquired migra tory birds 

or their progeny, part s, nests, or eggs 

withou t a permit: Provided. Tha t such 

bird s may be acquired only from persons 

authorized by this par agrap h or by a p ermit issued pursuant to th is pa rt to possess 

and dispose of such birds, or from Fed ­

eral or State game autho riti es by the 

gift of seized, condemned, or sick or injur ed birds. Any such birds, acquired 

without a p ermit, an d any progeny therefrom may be disposed of only to persons 

authorized by this parag rap h to acquire 

such birds without a perm it Any person 

exercising a privilege grante d by this 

parag rap h must keep accurate records of 

such operatio ns showing the species and 

num ber of birds acquired, possessed, and

disposed of; the nam es and addresses of 

the persons from whom such bird s were 

acquired or to whom such birds were 

donated or sold; and the date s of such 

transact ion s These records shall be 

ma int ain ed on a calend ar year basis and 

shall be retained for a period of 5 years 

following the end of the calend ar year 

covered by the records.

§ 2 1 .1 3 Perm it exce ption* fo r ca ptive -

re are d m allard d uck*.

Cap tive-rear ed and properly marked

mallard ducks, alive or dead, or their 

eggs may be acquired, possessed, sold, 

traded, don ated , tran spo rted, expo rted 

(but not Imp orte d), an d disposed of by 

any person without a permit, sub ject to 

the following conditions, re strictions, and 

req uir em ents:

(a) Nothing in this section shall be 

con stru ed to permit the taking of live 

ma llard ducks or their eggs from the 

wild.

(b) All mal lard ducks possessed in ca ptivity. without a permit, shall have been 

physically marked by rem oval of the hind 

toe from the rig ht foot prior to 4 weeks 

of age a nd all such ducks hatched, raised, 

and retain ed in captivity therea fte r 

shall be so marked prior to reac hing 4 

weeks of age.

(c) When so marked, such live bird s 

may be disposed of to, or acquired from, 

any pers on and possessed and tr an sporte d in any num ber at any time or 

place: Provided. Th at all such bird s 

shall be physically marked prior to sale 

or disposal regardless of whether or not 

they hav e att ain ed 4 weeks of age.

(d) When so marked, such live birds 

may be killed, in any number, a t any time 

or place, by any means except shooting. 

Such bird s may be killed by shooting 

only in accordance with all applicable 

hunting regula tions governing the tak ing 

of ma lla rd ducks from the wild: Provided. That such birds may be killed by 

shooting, in any number, at any time, 

within the confines of any premises operated as a shooting p reserve un der Sta te 

license, perm it, or au tho riz ati on ; or they 

may be sh ot, in any number, at any time 

or place, by an y person for bona fide dog 

tra ining or field tria l purposes: Provided

fur the r. T ha t the provisions of the hunting regulations (part 20 of t his subchapter) an d the Migratory Bird Hunting 

SUmp Act (duck stamp requ irem ent) 

shall not apply to shooting preserve operations. as provided for in this pa ra ­

graph. or to bona fide dog tra ining or 

field tri al operations

(e) At all times during possession, 

tra nsporta tion, and storage un til the raw 

carcasses of such birds are finally processed immediately prior to cooking, 

smoking, or canning, the marked foot 

must rem ain attached to each carcass 

Provided. Th at persons, who operate 

game farms or shooting preserves under 

a St ate license, perm it, or authorization 

for such activities, may remove the 

marked foot when either the num ber of 

his St ate license, permit, or autho riz ation has first been legibly stamp ed in ink 

on the back of each carca ss or on the contai ne r in which each carc ass is main ­

tain ed. or each carcass is identified by a 

SU te ban d on leg or wing pursu ant to

FtDIRA l RIO I STIR, VOL. 39, NO. 3— 5BIDAY, JANUARY 4, 1974
219

RULES AND REGULATIONS 1179

«

of ap plicatio n addre ssed to USDA—

ARS— ANH. Im port- Ex port Anima ls and

Pro ducts. Hy att sville . Md 20782

(2) An Imp ortatio n per mit Is required

before any live birds, oth er than water -

fow l or th eir eggs , or dead migratory

birds, or th eir parts, nests, or egg s may

be Imported. Excep ted from the permit

required by this paragrap h are: il) Live

birds of th e fam ily An atldae. the impor ­

tat ion of wh ich Is reg ula ted by the preced ing paragraph : and (2) migratory

birds tak en pur sua nt to the migratory

bird hu nting regulation*, part 20 of this

subchapter .

(3) A perm it Is require d before any

mig ratory birds, or their parts, nests, or

egg s m ay be exported. Provided tha t cap ­

tiv e-r eared mallards may be exported

without a permit as provided In I 21.13.

ib i Ap plication pro ce du re s—Applications for perm it* to Import or exp ort

migratory birds shall be sub mitted to

the ap pro priate S pe cial Agent in Charge

(se e 1 13.1 1(b) of thi s su bc ha pt er ). Each

suc h ap plicatio n mu st contain the ge neral inf orma tio n and cer tifica tion required by I 13.12(a) of this subcha pter

plus the following addition al Informa ­

tion:

( l i Whether importation or expo rtation Is req ues ted .

(2) Sp ecies and num bers of migratory

birds or their parts, nests, or egg s to be

Imported or exported:

(3 1 Name and add ress of the person

from whom su ch birds a re b eing Imported

or to whom the y are being exported:

(4) Purpose for wh ich Importation or

exp ortatio n Is being mad e:

(5) Es tim ate d da te of arr ival or de ­

partur e of shipm ent, and th e port of

entry or e xi t th rou gh which th e sh ipm en t

will be imp orted or exp orted: and

(6> Fed eral and St at e permit numbers

and typ e of permit* authori zin g posse ssion . acq uisitio n, or dis position of such

birds, th eir part*, nests, or egg s where

such a perm it is required.

(c i Ad ditio na l per m it co nd ition s.—In

add itio n to the gen eral con dition s set

for th In Pa rt 13 of th is Subchapte r B.

Import and exp ort permits shall be sub ­

ject to th e follow ing con dition s

In addition to any reporting requireme nt set for th In the permit, a report of

the Imp ortations or expo rta tio ns ma de

und er authority of su ch per mit shall be

sub mitted In writing to th e Director

Such report mu st be pos tmarked or

act ually delivered no later than 10 days

follow ing each such Imp ortatio n or ex ­

por tation.

(d) Te nu re ot per mits.— Th e ten ure o f

Import and exp ort permits sh all be de sign ated on th e face of th e permit

6 2 1.2 2 H andin g o r m a rk in g perm it*.

(a i Per mit requ ire men t. A banding or

marking per mit is required befo re any

person may rap ture migratory birds for

banding or marking purposes or use

official ban ds Issued by th e Bureau for

banding or marking any migratory bird

(a ) Ap plication procedure s Applications for banding or marking permits

sha ll b e su bm itte d by letter of application

addr essed to th e Bird Ba nd ing Laboratory. Office of Migrato ry Bird Managets ois n s. vot . i» , mo j—stioAv. janu as t

requ irem ent* of his St ate lice nse, permit. or au thoriza tio n When properly

marked, suc h car cas ses may be disposed

of to. or acqu ired from, any pers on and

pos sessed and tra nsp orted In any nu mber at an y tim e or plac e.

g 2 1 .1 4 P e rm it exception* fo r ca ptivere are d m ig ra to ry w ate rf ow l oth er

th an m allard d uel**.

Any person may . withou t a perm it,

law fully acquire captive-rea red and

properly mar ked mig ratory waterfow l of

all speci es oth er th an mallard ducks,

alive or dead, or th eir eggs , and possess

and tra nsp ort su ch bird s or eggs and

any pro gen y or eggs the refro m solely for

his own use subje ct to the following

cond itio ns and re strictions .

(a ) Su ch birds, ali ve or dead, or their

egg s ma y be law fully acq uired only

from holders of valid wat erfowl sale

and dispos al per mit s except th at prop ­

erly marked car cas ses o f such birds may

als o be law fully acqu ired as provided

und er paragrap h (c> of this section .

ib> All progeny of su ch birds or eggs

hatch ed, raised, and retain ed In ca ptivity

mu st be physical ly marked by removal

of the hin d toe from the rig ht foot prior

to rea ching 4 weeks o f age

(c) No suc h birds or eggs or any

progeny or egg s the reof may be disposed

of by an y means , alive or dead , to any

oth er pers on unless a wat erfowl sale and

disp osal per mit lias first been secured

authori zin g su ch disp osal: Provide d.

Th at bona fi de club*, ho tels, restaurants,

boarding houses, and deal ers In m eat and

gam e m ay serve or sel l t o t he ir custom ers

th e car cas ses of any such birds which

they have acq uired from the holder of

a valid waterfow l sale and disposal

perm it.

<d> Law fully possess ed and properly

marked birds may be killed. In a ny num ­

ber. at any tim e or plac e, by any means

except shooting Su ch birds may be

killed by shooting only In accord ance

with all applicab le hu nting reg ulation s

gov ern ing th e tak ing of like species from

th e wild. (See pt. 20 o f th is subc hap ter.)

(e* At all tim es during possession,

tra nsp ort ation, and sto rag e until the raw

car cas ses of such bird are finally pro cesse d Imm ediately prior to cooking,

smo king, or can nin g, th e marked foot

must rem ain at U ch ed to eac h carcass

unless su ch car cas ses were oth erw ise

prop erly marked and the foot removed

prior to a cquis itio n

if ) When any such birds, aliv e or

dead, or th eir eggs are acq uired from a

wat erfowl sale and dispos al perm ittee,

the perm ittee shall fur nis h a copy of

form 3-1 86. notice of wat erfowl sale or

transf er, to be retain ed on file by the

buyer during hl* posse ssion o f s uch birds

or egg s or progeny or egg s thereof

Subpart C— Specific Permit Provisions

6 21.2 1 Im p o rt an d ex p o rt perm it*.

ia i Per m it re quir em en t— (1) A permit from the U S Departm ent of Agriculture Is required befo re any live m igratory bird* or eggs o f th e fam ily Anatld ae

>wild ducks, gee se, brant, and swans)

may be Imported. T he p erm it required by

this paragrap h may be obtained by letter

NOMAi

men t. Burea u of Sport Fishe rie s and

Wildlife. Laurel. Maryland 20810. Each

suc h applicatio n sh all contain the ge neral Information and cer tification set

for th by I 13.12(a) of this subch apter

plus the follow ing addition al Info rma ­

tion

11) 8p ecies and numbers proposed to

be banded o r marked:

(2> Pur pose of banding or marking:

(3) St ate or St at es in wh ich au thorizatio n Is re qu est ed: and

(4) Name and address of the public,

scie ntific, or edu cation al insti tutio n to

which any spe cim ens will be don ated

that are s alv aged pur suant to paragraphs

( 0 ( 3 ) and (4) of this sec tion.

(c i Ad ditio na l pe rm it con dit ion s In

addition to the gen eral cond itio ns set

forth In Pa rt 13 of th is Subchapter B.

banding or marking per mit s sha ll be

sub jec t to th e follow ing c ondit ion s:

(1) The banding of mig ratory birds

shall only be by offlclal num bere d leg

band s Issued by the Bureau. Th e use of

any oth er band. clip. dye. or oth er

me tho d of marking Is pro hibited unless

speci fically autho rized In th e perm it.

(2) All tra ps or ne ts used to cap ture

mig ratory bird s for banding or marking

purposes sh all have atta ch ed the reto a

tag or label clearly sho wing the name

and add ress of the per mittee and his

per mit num ber, or the area In wh ich

such tra ps or nets are loc ate d must be

posted with no tic e of band ing op era tions

posters (form 3-1 155. av ail able upon reque st from th e Bird Ba nding Laboratory.

Office of Migratory Bird Ma nagem ent.

Bureau of Sp ort Fis herie s and Wildlife.

Laurel, ffld. 208101 which shall bear the

name and add ress of the permittee and

the number o f h is p ermit.

(3) Th e holder of a ban din g or ma rking permit ma y salvage, for th e purpose

of donatin g to a public sci entific or ed ucatio nal Institu tion, bird s killed or found

dead as a result of th e per mit tee's no rmal ban din g operations, and casualt ies

from oth er cau ses All dead birds sa lvaged und er authori ty of a migratory

bird bsuidlng or marking permit must be

donat ed and tra nsferred to a public

sci en tific or edu cation al Institu tion at

lea st every 8 m onths or within 60 day* of

the tim e such permit exp ires or Is revoked. unless the permittee has been Issued a special permit autho rizing pos session for a lon ger period o f time.

(4) Perm ittees mu st keep accura te

records of their operations and file repo rts as set for th In the North American

Bird Bandi ng Manua l, or sup plements

the reto, in acc ord ance wi th Instru ctio ns

con tained therein.

(d) Tenure 0/ pe rm its .—B andin g or

marking permits are valid for a period of

2 years from th e date of issue , unless

otherw ise sta ted on th e fac e of the permit

§ 21 .2 3 Scie ntific co lle cting p erm it*.

(a ) Pe rm it requ ire men t. A scientific

col lec ting permit is required befo re any

pers on may tak e, transp ort, or possess

migrato ry birds, their p arts, n ests , or eggs

for scientific researc h or edu cation al

purposes.

lb 1 Ap plication proce dur es. Applications for sci entific col lec ting perm its

4, ivy*
220

1180 RULES AND RE GU LA TION S

shall be submitted to the appropriate 

Special Agent In Charge (See: I 13.11(b) 

of this sub chapter) Each such applica ­

tion must con tain the general Information a nd certification required by I 13.13 

(a) of th is subchapter plus the following 

add ition al In forma tion:

(1) Species and numbers of migratory 

birds or the ir parts, nests, or eggs t o be 

tak en or acquired when It Is possible to 

determine same In ad vance ;

(2) Location or locations where such 

scientific collecting Is prop osed:

(3) Sta tem ent of the purpo se a nd Justification fo r gra nting such a perm it. Including an outline of a ny rese arch pr oject Involved:

(4) Name and address of the public, 

scientific, or educational Institution to 

which all specimens ultimately will be 

donated; and

(5) If a Sta te permit Is required by 

State law. a sta tem ent as to whe ther or 

not the app licant possesses such State 

permit, giving Its nu mber and expiration 

date.

(c) Additional perm it conditions. In 

addition to the general conditions set 

forth In Par t 13 of this Subchapte r B, 

scientific collecting perm its shall be su bjec t to th e following cond ition s:

(1) All specimens tak en and possessed under autho rity of a scientific 

collecting permit must be don ated and 

tra nsfer red to the public scientific, or 

educational Institution designa ted In the 

perm it app lication within 60 days following the date such permit expires or 

Is revoked, unless the permittee h as been 

Issued a special purpose perm it 'See 

9 21.27) authorizing possession for a 

longer period of time.

(2) Unless otherwise provid ed on the 

permit, all migratory game birds tak en 

pursu ant to a scientific collecting permit during the open hu nting seaso n for 

such birds must be in conform ance with 

pa rt 20 of t his subc hapter;

(3) Unless specifically sta ted on the 

perm it, a scientific collec ting permit 

does no t auth oriz e the taking of live 

mig rato ry birds from the wild.

(4) In add ition to any reporting re ­

quirem ent set forth In the permit, a report of the scientific collec ting activities 

conducted und er autho rity of such per ­

mit shall be submitted to the Issuing 

officer on or before Ja nu ary 10 of each 

calend ar yea r following the year of Issue 

unless a differen t date Is sta ted In the 

permit.

(d) Tenure o) permit. Th e tenure of 

scientific collecting permits sh all be from 

date of Issue through the 31st day of 

December of the second full cale nda r 

yea r following the year of Issue unless a 

differen t period of time is prescribed in 

the permit.

§21.2 4 Taxiderm ist permits.

(a) Permit requirement.—A. tax ide rmist permit Is required before any person 

may perform taxidermy services on migratory birds or their parts, nests, or 

eggs for any person oth er th an himself.

<b) Applic ation procedures.— Application for tax ide rmi st permits shall be submitted to the appropriate Special Agent 

in Charge (See: 9 13.11(b) of this subch ap ter ). Each such app lication must

contain the general info rmation and 

certification set forth by 9 13.12(a) of 

this subchapter plus the following additional Information:

(1) The address of premises where 

taxiderm ist services will be provided;

(2) A sta tem ent of the app licant's 

qualifications and experien ce as a taxi ­

dermist; and

(3) If a 8tate perm it Is required by 

Sta te law. a statem ent as to whether or 

not the app licant possesses such Sta te 

permit, giving Its nu mber and e xpiration 

date

(c) Permit authorizations.— A permit 

authorizes a taxiderm ist t o :

(1) Receive, tra nspo rt, hold In custody or possession, mo unt or otherwise 

prepare, migratory birds, and the ir 

parts, nests, or eggs, and return them to 

another.

(2) Sell properly marked, captive 

reared mig ratory waterfowl which he 

has lawfully acquired and mounted. Such 

mounted birds may be placed on consignmen t for sale and may be possessed 

by such consignee for the purpose of sale.

(d) Additional permit conditions.—In 

addition to the general cond ition s set 

forth In pa rt 13 of this sub chapt er B. 

taxidermist permits shall be sub ject to 

the following conditio ns:

(1) Permittees must keep accurate 

records of operations, on a cale nda r 

year basis, showing the names and ad ­

dresses of persons from and to whom 

migratory birds or their parts, nests, or 

eggs were received or delivered, the nu mber and species of such, and the date s of 

receipt and delivery. In add ition to the 

oth er records required by this p ara gra ph, 

the perm ittee must main tai n in his files, 

the original of t he completed form 3-186, 

Notice of Waterfowl Sale or Transfer. confirming his acquisition of captive 

reared, properly marked mig ratory 

waterfowl from the holder of a curre nt 

waterfowl sale and disposal p erm it

(2) Notwith standing the provisions of 

parag rap h (c) of this section, the re ­

ceipt. possession, and storage by a tax idermist of any mig rato ry gam e birds 

taken by ano the r by hunting Is not au ­

thorized unless they are tagged as required by 9 20.36 of this subchapter. The 

required tags may be removed d urin g the 

taxidermy operations but mu st be retained by the taxidermist with the oth er 

records required to be kept and must be 

rea ttache d to the mounte d specim en 

after mounting. The tag must the n remain att ach ed until the mounted specimen is delivered to the owner.

(e) Tenure ol permit.—The ten ure of 

taxidermi st perm its or renew als thereof 

shall be from date of issue through the 

31st day of December of the second full 

calend ar year following the year of 

issue.

§ 21.2 S Waterfowl sale and disposal

permits.

(a) Permit requirement. A waterfowl sale and disposal permit is required 

before any person may lawfully sell, 

trade, donate, ot otherwise dispose of. to 

anoth er person, any species of captivereared and properly marked migratory 

waterfowl or the ir eggs, except th at such 

a permit Is not required for such sales or

disposals of cap tive-reared and properly 

mar ked mal lard ducks or th ei r eggs.

(b> Applic ation procedures. Applications for waterfowl sale and disposed permits shall be submitted to th e appro ­

priate Special Agent in Charge (see:

9 13.12(a) of this subchap ter plus the 

following ad ditional in form ation:

(1) A description of the area where 

waterfowl are to be kept;

(2) Species and num bers of waterfowl 

now In possession and a s tatemen t showing fro m whom these were obtain ed;

(3) A stat em ent as to wheth er or not 

all such waterfowl are marke d as required by the provisions of this Par t 21; 

and

(4) If a St ate perm it is required by 

State law, a statem ent as to wheth er or 

not the app licant possesses suc h Sta te 

perm it, giving Its num ber and exp iration date.

(c) Additional permit conditions. In 

addition to the general conditio ns set 

forth In Par t 13 of this Subchapte r B. 

waterfowl sale a nd disposal p erm its sh all 

be subjec t to the following conditions:

(1) Permittees may no t take migratory waterfowl or their eggs from the 

wild, and may n ot acquire such birds or 

the ir eggs from any person no t au thorized by a valid permit Issued pursu ant to 

this pa rt to dispose of such bird s or th eir 

eggs.

(2) All live mig ratory waterfowl possessed In captivity under autho rity of a 

valid waterfowl sale and disposal permits shall have been, p rior to 4 weeks of 

age. physically marked by removal of 

the hin d toe from the rig ht foot. All 

offspring of such bird s hatch ed, raised 

and retained in captivity shall be so 

marked prior to attai ning 4 weeks of 

age. The preceding does no t apply to 

captive adult geese, swans, an d br an t 

which were marked previous t o M arch 1, 

1967, by a "V'' notch In the web of one 

foot, no r to such birds held in captivity 

at public zoological parks, and public 

scientific or edu cational Institutions.

(3) Such properly mar ked bird s may 

be killed. In a ny number, at any time or 

place, by any means except shooting 

Such birds m ay be killed by shooting only 

In accordance with all the applicable 

hunting regulations governing the ta king of like species from the wild.

(4) At all times during possession, 

tra nsporta tion, and storage until the raw 

carcasses of such birds are finally processed Immediately prio r to cooking, 

smoking, or canning, the mar ked foot 

mu st remain attac hed to eac h carcass: 

Provided, Th at perm itte es who are also 

authorized to sell game under a Sta te 

license, perm it, or authorization may re ­

move the marked foot from the raw ca rcasses If the num ber of h is St ate license, 

perm it, or autho rization ha s first been 

legibly stam ped in Ink on the back of 

each carcass or on the w rapping or contai ner In which each carcass Is ma intained. or each carca ss is identified by a 

State band on leg or wing pu rsu an t to r equirements of his St ate license, perm it, 

or auth orization.

(5) Such properly marked birds, alive 

or dead, or their eggs may be disposed 

of In a ny number, at any time or place, 

to any person: Provided, Tha t all such

FEOIRAL REGISTER, VO l. 3V, NO 3— FRIDAY, JANUARY 4, 1V74
221

birds shall be physically mar ked prior to 

sale or disposal regardless of whether 

or n ot they have atta ined 4 weeks of age. 

and Provided fur the r, Th at on each 

date th at any such birds or their eggs 

are tra nsfer red to anoth er person, the 

perm ittee mu st complete a form 3-186. 

Notice of Waterfowl Sale or Transfer. 

(Bureau will provide supplies of form.) 

The perm ittee will furni sh the original 

of completed form 3-186 to the person 

acquiring the bird s or eggs; ret ain one 

copy in his flies as a record o f h is operations; and. on or before the last day of 

each month, mail three copies of each 

form completed during th at mo nth to 

the office of the Bureau of Sp ort Fisheries and Wildlife which issued his 

permit.

(d) Tenure of permits.—Th e tenure 

of waterfowl sale and disposal permits 

or renewals thereo f shall be from date 

of issue throu gh the 31st day of December of the second full calen dar year following th e year of issue.

§ 2 1.26 Special aviculturist perm it.

(a) Permit requ irement.—A special 

aviculturist perm it is required before 

any perso n may acquire, prop agate, 

possess, exhibit, or dispose of by exchange. sale, or gift to an oth er person 

cap tive-re ared mig rato ry waterfowl not 

physically mar ked by removal of the 

hin d toe from the rig ht foot.

(b) App lication procedures.— Applications for special avicul turist perm its 

shall be submitted to the appropriate 

Special Agent in Charge (see: $ 13.11(b) 

of this subchapter) . Each such app lica ­

tion mu st conta in the general informa ­

tion and certificatio n required by 

fi 13.12(a) of this subchapt er plus the following info rma tion:

(1) A description of the area where 

such waterfowl are to be kept;

(2) Sta tem ent of num ber an d species 

of non -toe -clipped waterfowl perm ittee 

now possesses, and the num ber of each 

species he requests to be auth orized to 

possess;

(3) State ment of how. or when and 

from whom any non-m ark ed waterfowl 

presently in possession were acquired;

(4) State ment of Justification and 

need for such perm it; and

(5) If a St ate permit is required by 

State law. a sta teme nt as to wheth er or 

no t the applican t possesses such State 

perm it, giving its number a nd expiration 

date

(c) Addition al permit conditions. In 

add ition to the general cond ition s set 

forth in Pa rt 13 of this Subchapte r B. 

special avicu lturist permits shall be subjec t to the following conditions:

(1) Permittees may not tak e migratory’ waterfowl or their eggs from the 

wild.

(2» Permittees may no t dispose of m igratory waterfowl which are n ot marked 

by physical remov al of th e hind toe from 

th e rig ht foot prior to 4 weeks o f age to 

any perso n who does no t hold a valid 

special avicu lturist perm it, nor acquire 

such unm arked waterfowl from a ny person who is not t he holder of a valid special avicu lturist perm it.

RULES A N D RE GU LA TION S

(3) On eac h date th at any such un ­

marked bird s or the ir eggs are tra ns ­

ferred to an othe r special aviculturist 

perm ittee, the perm ittee transferr ing 

the birds or the ir eggs mu st complete a 

form 3-186. Notice of Waterfowl Sale or 

Tra nsfer. Th e permittee will furnis h the 

original of completed form 3-186 to the 

perm ittee acquirin g the bird s or eggs; 

retain one copy i n his flies as a re cord of 

his operatio ns; and. on or before the last 

day of each month, mail three copies of 

each form completed during th at m onth 

to the issuing official. Th e perm ittee 

shall clearly ind icate on such form 3-186 

th at the waterfowl sold or transferr ed 

were ‘unma rke d” and shall place his 

special avicu lturist permit number on 

the form, as well as the perm it num ber 

of the tran sferee , and shall not report 

such sales under autho rity of any oth er 

Federal permit. Th e Bureau will provide 

form 3-186 to perm ittee s upon request.

<4) Permitte es shall keep records in 

conform ance with the provisions of 

9 13 46 of this subchapter. Such records 

shall be kept sep arately from records of 

activities under any other Federal permit held by t he perm ittee.

(5) Within 30 d ays following December 31 of eac h calend ar year, perm ittee 

must file a report, negative or otherwise, 

on a form furnished for th at purpose. 

This form will require each permittee to 

record informa tion concerning his tra ns ­

actions durin g the year, a nd will include 

but may no t be lim ited to. the number of 

each species of non-toe -clipped waterfowl and waterfowl eggs on han d at the 

begin ning of the period covered by the 

report, the name, address, and aviculturis t perm it numb er of each perm ittee 

from whom he acquired and to whom he 

transferred any non-toe-clipped waterfowl or waterfowl eggs, and the number 

of eac h species of non-toe -clipped waterfowl and waterfowl eggs left on hand 

as of December 31 of the y ear covered in 

the report.

<d > Tenure of permit.—The tenure of 

special avicu lturist permits shall be 

from date of issue throug h the 31st day 

of December of the second full calendar 

year following the year of issue unless a 

different perio d of time is prescribed in 

the perm it.

§ 2 1.27 Special purpose perm it*.

Sub ject to the disc retion and policies 

of th e Bureau, permits may be issued for 

migratory bird activities outside the 

scope of the stan da rd form permits of 

this part, upon a sufficient showing of 

benefit to the migratory bird resource, 

im portant research reasons, hum ane, or 

other compelling justification.

<a> Permit requirement.— A special 

purpose permit is required before any 

person may lawfully take, salvage, othe rwise acquire, tra nspo rt, or possess migrat ory birds, their parts, nests, or eggs 

for any purpose no t covered by the 

sta nd ard form permits of this pa rt

<b> Application procedures.—Applications for special purpose permits shall 

be submitted to the appro pri ate Special 

Agent in Charge (see 1 13.11(b) of this 

subc ha pter). Eac h su ch app lication must

1181

contain the gen eral inform atio n and ce rtific ation required by 9 13.12(a) of this 

sub chapt er plus the following add ition al 

info rma tion:

(D A detailed sta tem ent describing 

the project or activity which requires 

issua nce of a permit, purpose of such 

project or activity, and a deli neation of 

the are a in which it will be conducted. 

(Copies of sup porting documen ts, research proposals, and any necessary 

State perm its should accompany th e application) ;

(2) Numbers and species of migratory 

birds involved where same can rea son ­

ably be dete rmined in advance; an d

(3) State ment of disposition which 

will be made of migratory bird s involved 

in the pe rm it activity.

(c) Addition al permit conditio ns.— In 

additio n to the general conditio ns set 

forth in Pa rt 13 of this Subchapte r B. 

special purpose perm its shall be sub ject 

to the following co nditions:

(1) Permittees shall file with th e issuing officer an annu al rep ort of opera ­

tion s no t later th an Ja nu ary 31 of each 

year for the precedin g calen dar ye ar or 

any portion thereo f during which the 

permit was in force, describing in detail 

operations un der th e p ermit, n umber and 

species of mig ratory birds acquired, disposed of. and an inventory of those cm 

hand as of Decem ber 31.

(2) Permittees shall make such other 

reports as may be requested by th e issuing officer.

(d) Tenu re of permits.—Th e t en ure of 

special purpose perm its shall be limited 

to the dates which appear on its face, 

but in no case shall be longer th an the 

second fu ll calen dar y ear end ing December 31 following th e da te of issue.

§ 2 1 .2 8 Falc onry p erm it*.

(a) Definitions. In addition to defi nitions con tained in pa rt 10 of this subcha pter. and unless t he con tex t otherwise 

requires, in this se cti on :

• Falconry " means the sport of taking 

quarry by means of t rai ned raptors.

"R aptor” mea ns any mig rato ry bird 

of the family Accip itrid ae (excluding 

bald and golden eagle s), Falconidae. and 

Strigidae.

<b> Inter im rules. Until final regula ­

tion s are promulgated providing for permits. any person may. withou t a Federal 

perm it, take, possess, and tra ns po rt, but 

no t sell, barter, purchase. Imp ort or export, live rap tor s for falconry purposes 

only in a ccordance with laws a nd regu lation s of the State where such act occurs: 

Provided. Th at no person may tak e in 

any one calen dar yea r more than three 

raptors, and Provided fur the r. Tha t no 

perso n may take any rap tor on the en ­

dangere d native wildlife list (50 CFR 

17.12) nor may any St ate issue a permit 

which will allow the taking of any such 

endangered rap tor withou t prior wri tten 

approval from the Director.

Subpart D— Control of Depredating Birds

§ 2 1 .4 1 D epre dati on per m its.

(a) Permit requiremen t. A depre dation permit is requ ired before any person 

may scare, herd, or kill mig ratory birds 

for dep reda tion con trol purposes.

No 3— Pt n i -------4

FEDERAL REGISTER, VO t 34, NO. 3— FRIDAY, JANUARY 4. 1474

4 3 -9 77 0 - 75 - 15
1182 RULES AND REGULATIONS

redatlon ord er may be used for food or 

donated to public museums or public 

scientific and educational Institutions 

for exhibition, scientific, or educatio nal 

purposes, bu t shall not be sold, offered 

for sale, b artered, o r s hippe d for purpose 

of sa le o r barte r, or be wantonly wasted 

or destroyed: Provided, T ha t any migratory game birds which cann ot be so 

utilized sha ll be disposed of as prescribed 

by the Director;

(d) That any ord er Issued pursu ant 

to this section shall not authorize the 

killing of the desig nated species of dep ­

redatin g bird s contr ary to any State 

laws or regulations. The order shall 

specify th at It is issued as an emergency 

measure designed to relieve depredations 

only and shall not be construed as o pen ­

ing. reopening, or extendin g any open 

hunting season contrary to any regu lations prom ulga ted pu rsu ant to sectio n 3 

of the Migratory Bird Treaty Act.

8 21 .4 3 D epre dation ord er fo r bla rk -

bird a, eo wbi rd a, gra rk le a, ero wa an d

mag pies .

A Federal permit shall not be required 

to control yellow-headed red-winged, bicolored red-winged, tri-col ored redwinged. and Brewer's blackbirds, cowbirds. all grackles. crows, an d magpies, 

when found co mm itting or abo ut to commit depreda tions upon orn am ental or 

shade trees, agricu ltural crops, livestock, 

or wildlife, or when concent rated In 

such num bers an d ma nn er as to constitut e a healt h hazard or other nuisance: Provided:

(a) Th at none of the birds killed pursuant to this sectio n, nor their plum ­

age. shall be sold or offered for sale, 

but may be possessed, transported, and 

otherwise disposed of or utilized

(b) Th at any perso n exerc ising any 

of the privileges grante d by this section 

shall permit at all reasonable time s Including during actua l operations, any 

Federal or State game or deputy game 

agent, warden, protector, or othe r game 

law enforceme nt officer free and unrestricted access over the premises on 

which such operatio ns have been or ore 

being cond ucted; and shall furnish 

promptly to such officer wha teve r in ­

form atio n he may require, concerning 

said operations.

(c) Th at nothing in this section shall 

be constru ed to authorize the killing of 

such birds contr ary to any St ate laws or 

regulations; and th at none of the privileges granted under this section shall be 

exercised unles s the person possesses 

whatever permit as may be required for 

such activities by the St ate concerned. 

8 21 .4 4 D epre dation ord er fo r desig ­

nat ed apeeiea o f dep re dating birds in

C ali fo rn ia .

In any county In Califo rnia in which 

meadowlarks, home d larks, goldencrowned. white-crow ned, and other 

crowned sparrows, goldfinches, house 

finches, aco rn woodpeckers. lew is woodpeckers. and flickers are. under ex tra ordinary conditions, seriously inju riou s to 

agricu ltural or other inte rest s, the 

Commissioner of Agriculture may. without a perm it, kill or cause to be killed 

under his general supervision such of 

REGISTER, VOl. 39, NO 3— FRIDAY, JANUARY

(bi Applicant procedures. Applications 

for depreda tion permits shall be submitted to the appropriate Special Agent 

In Charge (see 9 13.11(b) of this subcha pter) Each such application must 

contain th e general Info rmation an d c ertification required by 9 13.12(a) of this 

subchapter plus the following addition al 

Information:

(1) A description of the are a where 

depredations a re occurring;

(2) The na ture of the crops or other 

Inte rests being Injured;

(3) The exten t of such Injury; and 

f») The pa rticular species of migratory bird s com mitting th e Injury.

(c) Additional permit conditions. In 

additio n to the general cond ition s set 

fo rth In Pa rt 13 of this Sub cha pter B. 

dep reda tion permits shall be subject to 

the following conditions:

(1) Permittees may not kill migratory 

birds unless specifically autho rized on th e 

permit.

(2) Unless otherwise specifically au ­

thorized. when perm ittees are au thorized 

to kill migratory birds they may do so 

only with a shotgun not larger th an No. 

10 gauge fired from the shoulder, and 

only on or over the threa ten ed are a or 

are a described on the perm it.

(3) Permittees may no t use blinds, 

pits, or other mea ns of concealmen t, 

decoys, duck calls, or other devices to 

lure or entice bird s within gun range.

(4) All m igratory birds killed shall be 

retrieved by the permittee and turn ed 

over to a Bureau repres entative or his 

designee for disposition ta charltible or 

oth er worthy I nstitutions for use as food, 

or otherwise disposed of as provided by 

law

(5) Only perso ns named on th e perm it 

are auth orized to ac t as agents of the 

permittee un der au tho rity of the perm it

(d) Tenure ol perm its. Th e ten ure of 

dep reda tion permits shall be limited to 

the dates which appear on its face, but in 

no case shall be longer th an one year.

8 21 .4 2 A uth o ri ty to iaaue dep re dat in g

o rd rr a to p e rm it th e k ill in g o f m igra to ry g am e bir d *.

Upon the receipt of evidence clearly 

showing th at m igra tory game birds have 

accu mulated in suc h num bers in a par ­

ticu lar area a s to cause or a bout to cause 

serious damage to agricu ltural, horticultur al. and fish cultural interests, the 

Director is author ized to issue by publication in the Fzd ir al R ic is tzs a dep redation order to p erm it the killing of such 

birds und er the following conditions:

' a ) Th at such birds may only be killed 

by shooting with a shotg un no t larger 

th an No. 10 gauge fired from the 

shoulder, and only on or over the 

thr eaten ed area or areas;

(b) Th at sho oting shall be limite d to 

such time as may be fixed by the Director 

on the basis of all circumstances involved. If prior to term ina tion of the 

period fixed for such shooting, the Director receives Info rmation th at there 

no longer exists a serious th re at to the 

are a or area s involved, he shall without 

delay cause to be published In the Fzozral R ic is tzs an order of revocation;

(c) Tha t such mig rato ry birds as are 

killed under the provisions of any depFEDERAl

the above mig ratory birds as may be 

necessary to safe guard any agricu ltural 

or ho rticultural crop in the county: 

Provided.

(a) Th at such mig rato ry bird s shall 

be killed only when necessary to protect 

agricultura l or horticultu ral crops from 

dep redation; th at none of the above 

mig ratory birds killed, or the pa rts 

thereof, or the plumage of suc h birds, 

shall be sold or removed from the are a 

where killed; but th at all such dead migratory birds shall be burle d or otherwise destroyed within this are a, except 

th at any specimens needed for scientific 

purposes, as determ ined by the State or 

the Direc tor shall not be destroyed.

(b) Th at any Commissioner of Agriculture exercising the privileges grante d 

by this section shall keep records of the 

persons auth orized by the Commissioner 

to kill such mig rato ry birds, and the 

estimat ed num ber of such bird s killed 

pursu ant to the exercise of his authority , 

and the Comm issioner shall submit a 

rep ort thereo f to the Director on or 

before December 31 of each yea r or 

whenever the Director so reque sts

8 21.45 Dep re dation ord er fo r d eprr dating p u rp le g allin ule a in Louia ia na.

Landowners, sharecr oppers, te nants , or

the ir employees or agents, actual ly en ­

gaged In the production of rice in Louisiana. may. w ithout a permit, shoot purple 

gallinules (Ionornls ma rtinlc a) when 

found comm itting or about to commit 

serious dep redatio ns to growing rice 

crops on the premises owned or occupied 

by such persons: Provide d:

(a) Th at purple gallinules may only 

be killed p ursuant to this section between 

May 1 and August 15 in any year.

(b i Th at purple gallinules killed pu rsuant to this sectio n shall not be tra ns ­

ported or sold or offered for sale except 

th at, such tra nspo rta tio n within the 

area , as may be necessary to bury or 

otherwise destroy the carcasses of such 

birds is permitte d: Provided, Th at the 

Director or the St ate agricu ltural departm ent . college, or o the r public instit ution may requisition such purple gallinules killed as may be needed for scientific inves tigations: Provided fur the r.

Th at any purple gallinules killed under 

autho rity of this section may also be 

donated to cha rita ble Inst itutions for 

food purposes.

(c) Th at any person exercising any 

of the privileges grante d by this section 

shall permit at all reasonable times, including during actua l operations, ally 

Federal or State game or deputy game 

agent, warden, protector, or other game 

law enforceme nt officer free and unrestricted access over the premises on 

which such operatio ns have been or are 

being conducted, and shall furnis h 

prom ptly to such officer w hate ver Info rmation he may require, concerning said 

operations.

<d> Th at nothing in this section shall 

be construed to authorize the killing of 

such mig ratory bird s contrary to any 

State laws or regu latio ns: and th at none 

of the privileges gra nte d under this section shall be exercised unless the persor 

possesses whatever permit as may be re 

4, 1974
quired for such activities by the St ate of 

Louisiana

< e ) T ha t a ny perso n authorized by this 

sectio n to exercise the privileges g ranted 

therein shall main tain records of the 

num ber of birds killed on the premises 

and shall submit a report thereof, on or 

before December 31 of eac h year, to the 

Director.

PART 22— EAGLE PERMITS

Subpart A—In.roduction

Sec

22.1 Purpose of regulations.

22.2 Scope of regulations.

22.3 Definitions.

Subpart B—General Requirements

22 11 General permit requirements.

22.12 General restrictions

22.13 Disposition of eagles by the Bureau

Subpart C— Eagle Permits

2221 Permits for scientific or exhibition 

purposes

22.22 Permits for Ind ian religious purposes 

22 23 perm its to take depredating eagles 

22.24 Perm its for Falconry purposes (reserved |

Subpart D— Depredation Control Orders on

Golden Eagles

22 31 Golden eagle d epredation s control order on request of Governor of a 

State.

22.32 Conditions and lim itations on taking 

under depr edation control order 

Authority Bald Eagle Protection Act.

sec. 2. 54 Sta t 251. as ame nded 76 Stat. 1246 

and 86 Stat. 1065. 16 U.S.C 668a

Subpart A—Introduction 

§ 2 2 .1 Pu rpoM * o f re gula tions.

The regulations contained in this pa rt 

govern the tak ing, possession, and t ra ns ­

po rtation of bald and golden eagles for 

scientific, educational, and depreda tions 

control purposes and for the religious 

purposes of Indian tribes The import, 

export, purchase, sale, or ba rte r of bald 

or golden eagles, their parts, nests, or 

eggs is not permitted by any regulatio n of 

this subchap ter B.

§ 22 .2 Scope o f regu latio n**.

<a> Bald eagles, alive or dead, or the ir 

parts, nests, or eggs lawfully acquired 

prior to June 8. 1940. and golden eagles, 

alive or dead, or th eir parts, nests, or eggs 

lawfully acquired prior to October 24. 

1962, may be possessed, or transp orte d 

without a Federal perm it, but may not be 

imported, exported, purcliased. sold, 

trad ed, bartere d, or offered for purchase, 

sale, tra de or barte r; and all shipm ents 

contain ing such birds, part s, nests, or 

eggs must be marked as provided by 18 

U.S.C. 44 an d 5 14.81 of this Sub chapter; 

Provided. Th at no exemption from any 

sta tute or regulation shall accrue to any 

offspring of such birds.

<b» The provisions in this pa rt are in 

addition to. and are not in lieu of. other 

regulatio ns of this sub chapt er B which 

may require a permit or prescribe additional restric tions or cond ition s for the 

imp orta tion , exporta tion , an d inter sta te 

tra nspo rta tio n of wildlife, ‘see also Pa rt 

13 of this sub chapt er)

§ 2 2 .3 D e fi n it io n *.

In addition to definitions contained in 

Pa rt 10 of this subchapter, and unless

223

RULES AND REGULATIONS

the conte xt otherwise requires, in this 

Pa rt 22;

"Take” includes also pursue, shoot, 

shoot at. poison, wound, kill, capture , 

tra p, collect, or molest or disturb.

Subpart B— General Requirements 

§ 22.1 1 G enera l perm it re qu ir em en t* .

No person shall take, possess, or tran sp o rt any bald eagle (Haliaeetus leucocepha lust or any golden eagle (Aquila

chrys aetos). or the parts, nests, or eggs 

of such birds e xcept as may be perm itted 

under the terms of a valid perm it issued 

pursu ant to the provisions of this pa rt 

and Par t 13 and under 9 21.22 (banding 

or mar king perm its), or under a depre ­

dation ord er issued under Subpart D of 

this pa rt

§ 22 .12 G ener al ro trie tio n *.

No person shall sell, purchase , barter, 

trade, or offer for sale, purchase , barter, 

or trade, expo rt or im port, a t a ny time or 

in any manne r, any bald eagle «Haliaeetus leuc ocepha lus). or any golden eagle 

(Aquila chrysaetos) or the parts, nests, 

or eggs of such birds, an d no perm it will 

be issued to authorize such acts.

§22 .13 Di»po*ition of eMgle* by (he

Bure au.

Any bald eagles or golden eagles or their 

parts, nest, or eggs seized for any violation under this pa rt an d forfeited to the 

Governm ent, or otherwise acquired by 

the Bureau, may be placed on loan to 

public museums, public scientific or e ducationa l inst itutions, or public zoological parks, and suit able pa rts or plum - 

mage of such bird s may be don ated to 

individual India ns author ized by permit 

to possess such items for religious pu rposes

Subpart C— Eagle Permits

§ 22.21 Permit* for Hcien tific o r ex h ib ition pur po se *.

The Directo r may. upon receipt of an 

app lication and in acco rdance with the 

issua nce cri ter ia of this section, issue 

a permit authorizin g taking, possession, 

or t ran sportat ion of bald eagles or golden 

eagles, or their parts, nests, or eggs for 

the scientific or exhibition purposes of 

public museums, public scientific societies. or public zoological parks

(a) Application procedure. Applications for permits to take, possess, or 

tra nspo rt bald or golden eagles, the ir 

parts, nests or eggs for scientific or exhibition purposes shall be submitted to 

the a pprop riate Special Agent in Charge 

‘See: 9 13.11(b) of this subchap ter). 

Each such applica tion mu st contain the 

general inform ation an d certificatio n required by 9 13.12(a) of this sub chapter 

plus the following info rma tion:

(1) Species of eagle and num ber of 

such birds, nests, or eggs proposed to 

be take n, possessed, or transported;

(2» Specific locality in which taking 

is proposed, if any;

<3» Method taki ng proposed, if any;

(4) If no t take n, the source of eagles 

and o the r circum stances su rrou nding the 

proposed acquisition or transpo rta tio n;

(5) Name and add ress of the public 

museum, public scientific societies, or 

public zoological park for which they 

are intend ed;

FEDERAL REGISTER. VCH 34. NO 3----FRIDAY, JANUARY

1183

<6> Complete exp lanation an d justifi ­

cation of request, na ture of project or 

study, num ber of specimens now at institution. reason these are inad equate, 

and oth er appro pri ate explana tions.

<b> Addition al permit cond ition s. In 

add ition to the general condition s set 

forth in Par t 13 of this Subchapte r B. 

perm its to tak e, possess, or transpo rt bald 

or golden eagles for scientific or exhibition purposes, shall be sub ject to the 

following con dition: In additio n to any 

repo rting requirement set forth in the 

perm it, the permittee shall subm it a 

report of activities conducted under the 

permit to the Special Agent in Charge 

within 30 days after exp iration of the 

permit.

(c) Issuance criteria. The Direc tor 

shall conduc t an investig ation and not 

issue a perm it to take, possess, or tra ns ­

port bald or golden eagles for scientific 

or exhibition purposes unless he h as determ ined th at s uch taking, possession, or 

tra nspo rta tio n is comp atible with the 

preserv ation of the bald or golden eagle. 

In making such dete rmi nation, the Director shall consider, among othe r cri ­

teria. the following:

(1) The direc t or indirect effect which 

issuing such perm it would be likely to 

have upon the wild pop ulations of bald 

and golden eagles;

(2) Wh eth er the expertise, facilities, 

or oth er resources available to the ap ­

plican t appear adequate to successfully 

accom plish the objectives sta ted in the 

application ;

(3) Wh eth er the justifi cation of the 

purpose for which t he pe rmit is being requested is adequate to justify the removal of the eagle from the wild or 

otherwise ch ang e its sta tus; and

(4) Wh eth er the applican t has dem ­

on strate d th at the permit is being re ­

quested for bona fide scientific 6r e xhibition purposes of public museums, public 

scientific societies, or public zoological 

parks.

(d ) Tenure of perm its. The ten ure of 

perm its to take bald or golden eagles for 

scientific or exhibition purposes shall be 

th at shown on the face of the permit.

§ 22 .2 2 P e rm it * fo r In d ia n re lig io u *

pur po se *.

The Director may. upon receipt of an 

app lication an d in acco rdan ce with the 

issuance crite ria of this section, issue a 

permit authorizing the taking, possession. and tra ns po rta tio n of bald or golden eagles, or their part s, nests. o* eggs 

for the religious use of Indians.

<a) App lication procedure. Applications for permits to take, possess, and 

tra ns po rt bald or golden eagles, the ir 

parts, nests, or eggs for the religious use 

of Indians s’'all be submitted to the appropria te Special Agent in Charge (See 

9 13.11(b) of this sub chapter ). Only ap ­

plica tions from individual Ind ians will 

be accepted. Each such app lication must 

con tain the general info rma tion and 

certification required by 9 13.12(a) *of 

this sub chapt er plus the following add itional information:

(1) Species and num ber of eagles or 

feathe rs proposed to be taken, or acquire d by gift or inheritance .

I. 1474
224

1184 RULES AND REGULATIONS

(21 State and local are a where the 

taking la proposed to be done, or from 

whom acquired.

<31 Name of trib e with which applica nt Is associated

(4 ) Name of tribal religious ceremony (les) for which required.

(5) Applican t mu st attach a certification from the Bur eau of Indian Affairs th at the applicant Is an Indian.

(8) Applicant must atta ch a certification from a duly authorized official of 

the religious group th at the applica nt 

Is authorized to particip ate In such ceremonies.

(b) Additional permit conditions. In 

additio n to the general cond ition s set 

forth In pa rt 13 of this sub chapt er B. 

permits to take, possess, and tra nspo rt 

bald or golden eagles, the ir parts, nests 

or eggs, f or the religious use of Ind ians 

shall be subject to the following conditions:

(1 > Bald or golden eagles or the ir parts 

possessed under permits Issued pursua n t to this section are not tran sferable, 

except such birds or the ir parts may be 

hande d down from gen eration to gene ratl' or from one India n to an oth er in 

acco rdance with tribal or religious customs: and

(2) Permittees shall make such reports or submit Inventories of eagle 

fea the rs or parts on han d as may be requested by the Special Agent In Charge.

(c) Issuan ce criteria The Director 

shall conduct an Investig ation an d not 

Issue a pe rmit to take, possess. and transport bald or golden eagles, their parts, 

nests or eggs, for the religious use of 

Ind ians unless he has dete rmined that 

such taking, possession, and tra nspo rtation Is comp atible with the preservation of the bald or golden eagle In mak ­

ing such deter mination, th e Director 

shall consider, among oth er criter ia, the 

following:

(1) The d irect or Indirect effect w hich 

issuing such permit would be likely to 

have upon the wild populations of bald 

or golden eagles: and

(2) Wh eth er the applican t Is an In ­

dia n who Is authorized to particip ate In 

bona M e trib al religious ceremonies.

(d) Tenure of permits. Any perm it Issued pursu ant to this section under 

which the applicant Is authorized to 

tak e eagles shall be valid during the period specified on the face thereo f which 

shall in no case be longer th an 1 year 

from date of Issue. Any permit Issued 

pu rsu ant to this par t which auth orizes 

the perm ittee to tra ns po rt and possess 

eagles or their pa rts shall be valid for 

the life of the permittee unless sooner 

revoked.

§ 2 2 .2 3 P e rm it * Io ta ke d epre dating

ea gle*.

Th e Director may. upon receipt of an 

application and In acco rdan ce with the 

issuance criter ia of this section. Issue a 

permit auth orizing the tak ing of depre ­

dating bald or golden eagles.

(a) Application procedure. Applications for permits to take depredat ing 

bald or golden eagles shall be submitted

to the appropriate Special Agent In 

Oharge (Sec: i 13.11(b) of this subchapter ). Each such app lication must 

con tain the general i nformation an d certification required by S 13.12(a) of this 

subchapter plus th e following additio nal 

Information:

(1) Species a nd numb er of eagles proposed to be ta ke n:

(2) Location and description of property where taking Is proposed:

(3) Inclusive dates for which permit 

Is reque sted:

(4 ) Method of tak ing proposed;

(5) Kind and number of livestock or 

domestic anim als owned by applican t;

(6) Kind and amount of alleged damage : and

(7) Name, addre ss, age. and business 

rela tionship with applicant of any person the app licant proposes to ac t for 

him as his age nt In the taking of such 

eagles

(b) Addition al permit conditions. In 

addition to the general cond ition s set 

forth In pa rt 13 of this sub chapt er B. 

permits to tak e dep redatin g bald or 

golden eagles shall be subject to t he following conditions:

(11 Bald or golden eagles may be taken 

under permit by firearms, trap s, or other 

suitable means except by poison or from 

air cra ft;

(2) The tak ing of eagles u nde r perm it 

may be done only by t he permittee or his 

agents nam ed In the permit;

(3) Any eagle tak en under autho rity 

of such permit will be promptly turn ed 

over to a Bureau age nt or ot he r game 

law enforc eme nt officer designated In the 

permit; and

(4 ) In addition to any reporting requirem ent set forth In the perm it, the 

perm itte e shall sub mit a rep ort of activities conducted under the permit to the 

Special Agent In Charge within 10 days 

following completion of the tak ing operations or the expiration of th e permit 

whichever occurs first.

(c) Issuance criteria. The Director 

shall conduct an Investigation an d not 

Issue a permit to tak e dep red ating bald 

or golden eagles unless he has deter ­

mined th at such taking is comp atible 

with the preserv ation of the bald or 

golden eagle In makin g such determi nation the Director shall consider th e following:

(1) The d irect or Ind irect effect which 

issuing such perm it would be likely to 

have upon the wild population of bald 

or golden eagles;

(2) Wh ether there Is evidence t o show 

th at bald or golden eagles have in fac t 

become seriously Injurious to wildlife or 

to agricu lture or ot he r Inte rests In the 

particular locality to be covered by the 

perm it, and the Inju ry comp lained of Is 

sub stantial; and

(3) Wh ether the only way to abate the 

damage caused by the bald or golden 

eagle Is to take some or all of t he offending birds.

(c) Tenure of permits. The ten ure of 

any permit to tak e bald or golden eagles 

for depredatio n control purposes shall 

be th at shown on the face ther eof, and

shall in no case be longer th an 90 da ys 

from date of issue.

§ 2 2 .2 4 P e rm it * fo r fa lc onry purp ose *.

[ Res erved ]

Subpart D — Depredation Control Orders on

Golden Eagles

§ 22 .3 1 Golde n ea gle dep re dat io ns co ntr o l ord er on requ es t o f G over nor o f

a St ale.

(a) Whenever the Governor of any

Sta te requests permission to tak e golden 

eagles to seasonally prote ct dom esticated 

flocks and herds In s uch Sta te, th e Director shall mak e an Investigation and if 

he dete rmines t hat such tak ing is necessary to an d will season ally pro tect domesticated flocks and herd s in such 

States he shall authorize such taki ng in 

whatever pa rt or pa rts of the St ate and 

for such periods as he dete rmines necessary to protect such Interests.

(b) Requests from the Governor of a

Sta te to take golden eagles to season ally 

protect domesticated flocks and herds 

must be submitted In writing to the Director listing the periods of time durin g 

which the taking of s uch birds Is recom ­

mended. and Including a map of the 

State indicating the boundaries of the 

proposed are a of taking. Such requests 

should Include a statem en t of the tac ts 

and the source of such fac ts th at in the 

Governor's opinion Justifies the request. 

After a decision by th e Director, the Governor will be advised in writing con cer ning the request and a notice will be published In the Fzdzral Register

§ 22 .3 2 C onditio n* an d lim itati o n s on

ta k in g under dep re dation co ntrol

ord er.

(a) Whenever the tak ing of golden 

eagles without a permit Is auth orized for 

the seasonal protection of livestock, such 

birds may be tak en by firearms, trap s, 

or o ther suitable m eans ex cept by poison 

or from aircra ft.

<b> Any person exerc ising any of the 

privileges grante d by th is S ub part D must 

permit all reasonable times, includin g 

during actual operations, any Bureau 

agent, or oth er game law enforceme nt 

officer free and un res tric ted access over 

the premises on which such operatio ns 

have been or are being conducted: and 

shall furnish promptly to such officer 

whatever Informa tion he may require 

concerning such operations.

<c> The autho rity to tak e golden eagles 

under a depred ations control order issued 

pursu ant to this Su bp art D only au ­

thorizes the taking of golden eagles when 

necessary to season ally protect dom esticated flocks and herds, and all such birds 

taken must be reported an d turne d over 

to a local Bureau Agent.

The changes In these regulations made 

by the original notice of proposed rulemaking <38 FR 10208). a nd the changes 

adopted in this rule mak ing are virtually 

all editorial or

 structur al changes The 

only substantive chan ges Involve a re ­

laxa tion and c larif ication of certain proF tM tA l M O U TH. VO l J». NO J— HIDAV, JANUARY 4. 1474
225

RULES AND REGULATIONS 1183

ced ure s and sta tem ents of Agency policy

In making determinations on per mit applicatio ns Consid ering th e extrem ely

long period during wh ich th e public has

had act ual notice of these changes , and

con sid eri ng the Imp ortance of mak ing

these rules effectiv e as soo n as possible

for public con ven ien ce, it ha s been de ­

term ined th at there Is good cause to

mak e th is rulemaking effective upo n

pub lication pursu ant to 5 U.S.C. 553

EB ect ive da te : Th ese regulat ion s be-

< com e e ffe cti ve on Jan uary 4, 1974.

Cubti s Bohlen.

Acting Assistant Secretary

lor Fish and Wildlife and Parks.

D ec eh be b 27,1973.

|F R Do c.74-255 Filed 1 -6 -7 4: 8: 46 am ]

FIDIBAL IM IS T tl. *0 4 14, NO 1— HUOAY. J ANU A t t 4. 1* 74 *4 44—74
226

QUESTION NO. 16

it

MEMORANDUM OF UNDERSTANDING 

BETWEEN THE

U .S . FIS H AND WILDLIFE SERVICE 

UNITED STATES DEPARTMENT OF THE INTERIOR 

AND THE

NATIONAL MARINE FISHERIE S SERVICE 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 

UNITED STATES DEPARTMENT OF COMMERCE 

REGARDING

JURISDICTIONAL RESPON SIB ILITIE S AND LISTING PROCEDURES 

UNDER THE ENDANGERED SPECIES ACT OF 19 73

WHEREAS, u n d e r th e E n d an g ere d S p e c ie s A ct o f 1973, (1 6 U .S .C . 

5 5 1 5 3 1 -4 3 ) ( th e " A c t" ) , th e S e c r e ta r y o f th e I n t e r i o r and th e 

S e c r e ta r y o f Comm erce s h a r e , amo ng o th e r th i n g s , th e r e s p o n s ib i l i t y to d e te rm in e s p e c ie s o f fa u n a an d f l o r a t o b e e n d a n g e re d 

s p e c ie s an d th r e a te n e d s p e c i e s ;

WHEREAS, th e S e c r e ta r y o f th e I n t e r i o r an d th e S e c r e ta r y o f 

Comm erce h a v e d e le g a te d th o s e r e s p o n s i b i l i t i e s t o th e D i r e c t o r , 

U .S . F is h an d W il d li f e S e r v ic e , and th e D i r e c t o r , N a tio n a l M ari ne 

F i s h e r i e s S e r v ic e , r e s p e c t i v e l y ;

WHEREAS, th e R e o rg a n iz a tio n P la n No . 4 o f 1 9 /0 , ','h ic li u n d e r th e 

A c t, g o v e rn s th e r e s p o n s i b i l i t i e s o f e a c h S e c ie l.a ry , d o es n o t 

a d e q u a te ly s e t f o r t h th o s e s p e c ie s o f fa u n a an d f l o r a u n d e r th e 

j u r i s d i c t i o n o f th e S e c r e ta r y o f th e I n t e r i o r and th o s e u n d e r 

th e j u r i s d i c t i o n o f th e S e c r e ta r y o f Ccirm er ce ;
227

WHEREAS, th e D ir e c to r , U .S . F is h an d W ild li f e S e rv ic e , an d th e 

D ir e c to r, N a ti o n a l M ar in e F is h e r ie s S e rv ic e , w is h to e s ta b l is h 

p ro ced u re s f o r th e im p le m en ta ti o n of th e Act and f o r th e amendme nt of th e U nit ed S ta te s L i s t s of End an ge re d S p ecie s and 

T h re ate n ed S p e c ie s;

WHEREAS, th e D ir e c to r , U .S . F is h an d W ild li fe S e rv ic e , and th e 

D ir e c to r, N a ti o n a l M ar in e F is h e r ie s S e rv ic e , c o n s id e r i t 

d e s ir a b le to d e fin e t h e i r r e s p e c tiv e j u r i s d i c t i o n s w it h r e s p e c t 

to th e A ct ;

NOW THEREFORE,, th e D ir e c to r , U .S . F is h and W ild li f e S e rv ic e , and 

th e D ir e c to r, N a ti o n a l M ar in e F is h e r ie s S e rv ic e , h ere b y agre e 

as fo ll o w s w it h r e s p e c t to t h e i r r e s p o n s i b i l i t i e s f o r sp e c ie s 

o f fa una s u b je c t to th e A ct an d f o r th e a d d itio n of s p e c ie s of 

fa una to th e U nit ed S ta te s L is ts of E ndan ger ed S p ecie s and 

T h re ate n ed S p e c ie s, and f o r o th e r r e v is io n s o f th o se L i s t s :

1. (a ) The D ir e c to r , N a ti o n a l M ar in e F is h e r ie s S e rv ic e , s h a l l

ha ve j u r i s d i c t i o n over an d s h a l l d ete rm in e w h eth er s p e c ie s in 

th e fo ll o w in g c l a s s e s , o r d e r s , o r gro ups of an im als s h a l l be 

ad de d to th e l i s t s of endangere d s p e c ie s and th re a te n e d s p e c ie s 

o r ch an ge d in s ta tu s from th 'r e a te n e d to endangere d:
228

A ll s p e c ie s o f th e o rd e r C eta cea; a l l s p e c ie s of th e 

o rd e r P in n ip e d ia , o th e r th a n w a lr u se s; a l l co c jn a rc la ll y 

h a rv e ste d s p e c ie s o f th e phylu m M oll usc a and th e 

c la s s C ru sta ce a w hi ch sp en d a l l of t h e i r lif e tim e s in e s tu a r in e 

w a te rs ; an d a l l o th e r nonraann nalian s p e c ie s (e x cep t members of 

th e c la s s e s A ve s, A m ph ib ia , and R e p t i l i a ) , which e i t h e r ( i) 

r e s id e th e m ajo r p o r tio n of t h e i r lif e tim e s in m ari ne w a te rs; 

o r ( i i ) a re s p e c ie s whi ch sp en d p a r t of t h e i r lif e tim e s in 

e s tu a r in e w a te rs , i f th e m aj or p o r ti o n o f th e re m ain in g tim e 

(th e tim e w hi ch i s n o t sp e n t in e s tu a r in e w a te rs) i s sp e n t in 

m ari ne w a te rs .

F or th e p urp ose s o f t h i s Memorandum of U n d ers ta n d in g : ( i) 

"c om m erc ia ll y h a rv e s te d sp e c ie s " i s d efi n e d to mea n s p e c ie s 

whi ch a re co m m er ci al ly h a rv e ste d fro m th e e s tu a ry a t th e tim e 

t h i s Memorandum i s sig n e d ; and ( i i ) " l i s t s of endanger ed 

sp e c ie s an d th re a te n e d s p e c ie s " i s d e fin e d to mean th e 

en dan ger ed sp e c ie s and th re a te n e d s p e c ie s l i s t e d p u rsu a n t to

s e c tio n 4 of th e A ct.

(b ) The pro pose d d e te rm in a ti o n of th e D ir e c to r, N a ti o n a l 

M ar in e F is h e r ie s S e rv ic e , th a t su ch a sp e c ie s sh o u ld be ad de d to 

th e l i s t s of en danger ed s p e c ie s an d th re a te n e d s p e c ie s o r 

ch an ge d in s t a t u s from th re a te n e d to endangere d, an d th e c o r r e s ­

pon di ng pro pose d l i s t i n g by th e D ir e c to r , U.S . F is h an d W ild li fe 

S e rv ic e , s h a l l be p u b li s h e d in a s in g le docume nt in th e Fe de r a l
229

R e g is te r , si g n ed by b o th D ir e c to r s . Comments on th e pro pose d 

l i s t i n g s h a l l be d ir e c te d to th e D ir e c to r , N a ti o n a l M ar in e 

F is h e r ie s S e rv ic e , who s h a l l conduct a l l a p p ro p ria te o r re q u ir e d 

s t a t u s re v ie w s, c o n s u lta tio n s , an d n o t i f i c a t i o n s , an d who may,

in h is d is c r e tio n , h o ld an y a p p r o p r ia te h e a r in g s . Th e f i n a l

' • • • • ■ ■’ . ‘

d e te rm in a ti o n of th e D ir e c to r , N a ti o n a l M ar in e F is h e r ie s S e rv ic e , 

th a t su ch a s p e c ie s sh ould be ad de d to th e l i s t s o f en dan ger ed 

s p e c ie s o r th re a te n e d s p e c ie s o r ch an ge d in s ta tu s from 

th r e a te n e d to endangere d, an d th e c o rr esp o n d in g l i s t i n g by th e 

D ir e c to r , U .S . F is h and W ild lif e S e rv ic e , s h a l l be p u b li sh e d 

in a s in g le document in th e F e d e ra l R e g is te r , sig n e d by b o th

D ir e c to r s .

(c ) Bo th D ir e c to rs m us t j o i n t l y ag re e w het her su ch a s p e c ie s 

s h a l l be rem oved fro m th e l i s t s o f endanger ed s p e c ie s and 

th re a te n e d s p e c ie s o r ch an ge d in s t a t u s from endanger ed to

th r e a te n e d .

(d ) The pro pose d a c tio n by th e D ir e c to rs w it h r e s p e c t to 

w heth er su ch a s p e c ie s sh o u ld be rem ov ed fro m th e l i s t s of 

en danger ed s p e c ie s an d th re a te n e d s p e c ie s o r ch an ge d in s ta tu s 

from endanger ed to th r e a te n e d , an d th e co rr esp o n d in g pro pose d 

r e v is io n o f th o se l i s t s by th e D ir e c to r , U .S . F is h an d W ild li f e 

S e rv ic e , s h a l l be p u b li s h e d in a s in g le document in th e 

F e d e ra l R e g is te r , sig n e d by b o th D ir e c to r s . Comm ents on th e 

pro pose d r e v is io n o f th o se l i s t s s h a l l be d ir e c te d to b o th
230

D ir e c to r s , u n le s s o th e rw is e ag re ed in w ritin g by th e D ir e c to rs , 

i f b o th D ir e c to rs d e s ir e h e a rin g s on th e pr op os ed r e v is io n ,

J o in t h e a rin g s s h a l l be h e ld , u n le s s o th e rw is e ag re ed in w riti n g 

by th e D ir e c to r s . The D ir e c to r, N a ti o n a l M arin e F is h e r ie s 

S e rv ic e , s h a l l co nduct a l l a p p ro p ria te o r re q u ir ed s ta tu s re v ie w s, 

c o n s u lta tio n s , and n o t i f i c a t i o n s . The f i n a l a c ti o n by th e 

D ir e c to rs w it h r e s p e c t to w het her su ch a sp e c ie s sh ould be 

rem oved from th e l i s t s of endanger ed an d th re a te n e d s p e c ie s or 

ch an ge d in s ta tu s from en dan ger ed to th re a te n e d , and th e c o r r e s ­

pondin g r e v is io n of th o se l i s t s by th e D ir e c to r, U .S . F is h an d 

W ild li fe S e rv ic e , s h a l l be p u b li s h e d in a s in g le document in th e 

F ed era l Reg i s t e r , sig n ed by b o th D ir e c to r s .

2. The D ir e c to r , U .S . F is h an d W ild li f e S e rv ic e , s h a ll ha ve 

j u r i s d i c t i o n o v e r, and s h a ll d ete rm in e w het her sp e c ie s in th e 

fo ll o w in g c l a s s e s , o rd e rs , or gro ups o f an im al s s h a l l be adde d 

to o r rem ov ed fro m th e l i s t s o f en danger ed sp e c ie s and 

th re a te n e d s p e c ie s o r ch an ge d in s ta tu s fro m e ith e r c a te g o ry 

to th e o th e r , and s h a l l l i s t su ch s p e c ie s in h is d is c r e tio n .

A ll mem bers of th e c la s s e s Mar r a l i a (e xcept mem bers of th e 

o rd e r C e ta c e a , an d mem bers of th e o rd e r P in n u p ed ia , o th e r th an 

W a lr u se s), A ve s, R e p tilia (ex c ep t m ari ne t u r t l e s of th e f a m ili e s 

C h e lc n Jid ae and De i ic c h e lid a e ) , A m phi bia , an d a l l o th e r sp e c ie s 

(e x c e p t s p e c ie s of th e o rd e rs C eta cea an d P in n ip e d ia , o th e r th an 

W al ru se s) whi ch e i t h e r ( i) sp en d th e m ajo r p o rti o n of t h e i r

lif e tim e s on la n d a n d /o r in f r e s h w a te r; o r ( i i ) a re s p e c ie s
231

whi ch sp en d p a r t of t h e i r lif e tim e s in e s tu a r in e w a te rs , i f 

th e m aj or p o r ti o n of th e re m ain in g ti m e (th e tim e whi ch i s n o t 

sp e n t in e s tu a r in e w a te rs) i s sp e n t on la nd a n d /o r in f re s h

w a te r.

3 . (a ) The D ir e c to r , U .S . F is h an d W ild li fe S e r v ic e , and th e

D ir e c to r , N a ti o n a l M ar in e F is h e r ie s S e rv ic e , s h a l l ha ve j o i n t 

j u r i s d i c t i o n o v e r, an d s h a l l j o i n t l y d ete rm in e w h eth er s p e c ie s 

of fa u n a n o t s p e c i f i c a l l y a s sig n e d in p ara g ra p h s 1 and 2 ab ov e 

s h a l l be ad de d to o r remo ve d from th e l i s t s of endangere d sp e c ie s 

an d th re a te n e d sp e c ie s o r ch an ge d in s ta tu s fro m on e c a te g o ry 

to th e o th e r . In th e ca se o f a d d itio n , re m oval, o r ch an ge in 

s ta tu s of on e o f ’ th e s e s p e c ie s , th e p ro ced u re s e t f o r th in 

p ara g ra p h 3(b ) s h a l l be fo ll o w ed w it h a l l of th e a p p r o p r ia te 

a c ti o n s to be do ne j o i n t l y , w it h th e co n cu rr en ce o f b o th 

D ir e c to r s , in c lu d in g an y n o tic e s o f re v ie w , pro pose d d ete rm in ­

a t io n s , n o t i f i c a t i o n s , h e a r in g s , c o n s u lta tio n s , r e c e ip t o f 

comme nts, and f i n a l d e te rm in a ti o n s ; p ro v id e d , t h a t , th e 

D ir e c to rs may ag re e in w r itin g th a t h e a rin g s an d th e r e c e ip t 

o f com ments nay be th e r e s p o n s i b i l i t y of e i t h e r D ir e c to r .

(b ) The pro pose d j o i n t d e te rm in a ti o n by th e D ir e c to r , 

r a t i o n a l M ar in e F is h e r ie s S e rv ic e , an d th e D ir e c to r , U .S . F is h 

end W ild li f e S e rv ic e , and th e c o rr esp o n d in g pro pose d r e v is io n 

o f th e l i s t s by th e D ir e c to r , U .S . F is h and W ild lif e S e rv ic e , 

s h a l l be p u b li s h e d In a s in g le do cu men t in th e Fe d e r a l R e g is te r ,
232

si g n ed by b o th D ir e c to r s . Where b o th D ir e c to rs co nc ur in th e 

d e te rm in a ti o n th a t a f i n a l r e v is io n of th e l i s t s sh ould be ma de, 

th e f i n a l d e te rm in a ti o n by th e D ir e c to rs and th e co rr esp o n d in g 

f i n a l r e v is io n o f th e l i s t s by th e D ir e c to r , U.S. F is h an d 

W ild li fe S e rv ic e , s h a l l be p u b li s h e d in a s in g le docume nt in 

th e F e d e ra l R e g is te r , si g n ed by b o th D ir e c to rs .

4. F in a l a l lo c a tio n of r e s p o n s i b i l i t i e s un der th e End an ge re d 

S p ecie s A ct of 19 73 , w it h r e s p e c t to m ari ne t u r t l e s of th e 

f a m ilie s C h e lo n ii d a e and D er m och el id ae m us t be re so lv e d a t some

f u tu r e ti m e . For t h i s re a so n , i t i s ag re ed th a t u n t i l t h i s 

p a r t i c u l a r is s u e i s re s o lv e d , a l l a c ti o n s , re s p e c ti n g su ch 

t u r t l e s w i l l be u n d ert ak en j o i n t l y , u sin g th e same j o i n t a c tio n s , 

re q u ir e m e n ts , and p ro ced u re s c o n ta in e d in para g ra p h 3 (b ).

5. In em erge nc y s i t u a t i o n s , r e g u la tio n s pro m ulg ate d w it h re s p e c t 

to l i s t i n g p u rsu a n t to th e p ro v is io n s o f s e c tio n ( 4 ) ( f ) ( 2 ) ( B ) ( ii) 

o f th e Act s h a l l be undert aken u sin g th e j u r i s d i c t i o n a l a s s ig n ­

m en ts and th e j o i n t p ro c e d u re s, to th e e x te n t a p p r o p r ia te , 

d e s c rib e d in p ara g ra p h s 1, 2, 3, an d 4.

6. N e it h e r ag en cy w i l l u n i l a t e r a l l y a c t on th e l i s t i n g o f an y 

p la n t sp e c ie s u n t i l th e j u r i s d i c t i o n a l is s u e , w it h r e s p e c t to 

p la n ts , i s re s o lv e d .
233

7. Each Director agrees that he and his staff will, at all 

stages, consult with and consider the recommendations of the 

other Director and his staff with respect to all actions 

proposed to be taken under the authority of the Memorandum of 

Understanding.

8. This Memorandum of Understanding has been executed in order 

to permit an orderly, efficient administration of the Act and 

should not be construed to govern the activities of either 

Secretary with respect to any other program administered by

them.

This Memorandum of Understanding will become effective when 

signed by the Director, U.S. Fish and Wildlife Service, and the 

Director, National Marine Fisheries Service. Either of the 

aforementioned Directors may cancel this Memorandum of Understanding upon thirty days written notice to the other

Director.

t
234

L QUESTIONS NO. 14 , 16 and 17

' ' \ j O c p u i » u i c n c v i tn w l u > a u.u

Cz i ’ S OF TH a ti'-CRETARY

V/. SlilNGTON, D.C. 20240

AUS 1 9 13ft

f u r Madun Chairma n:

Y.-nv Co' ""’.i. te e ha s reipuc >ted th e vi.eszs of th ia r..- p-r tmnnt on 

H«R. 1>393 end H.R . 160 79, sim il a r b i l l s :,To amend th e End ang ered 

Spe ci es Act o f 1973 to wake i t more c o n sis te n t with th e Ma rine 

M’ mnjal P ro te c ti o n Act of 1972 ."

•

H.R . 15693 would emend se c ti o n 9(h ) o f th e Endan gered Spec ie s Act 

o f 1973 (l6 U.S.C . 1.533; 67 S ta t. 69M to exem pt from th e p ro h ib it ed 

se ts comm erc ial a c tiv itie s in volv in g p a rts and pro duct s o f en dang ered 

f is h and w ild li fe ta ken p rio r to December 28 , 197 3. This p ro vis io n 

would al lo w th e p a rts or pro duct s of en da ng ered sp ecie s held in th e 

cours e of a comm erc ial a c tiv ity on th e dat e o f en ac tm en t o f th e Enda ng ered Spec ie s Act o f 1973 to be im po rted , ex port ed, tr a n sp o rte d , 

o ff ere d fo r sa le o r so ld in in te r s ta te or fo re ig n commerce.

E.R . l6O79 would amend se c ti o n 9 o f th e En dan gered Sp ec ie s Act o f 1973 

t y ad di ng a rew su bse cti on (h ) to e , . ,pt from th e p ro h ib it e d a c ts id e n ­

t i f i e d in cla u se (E ) an d ( / ) o f s e c tio n 9 ( a )( 1 ) o f th e Act marine 

nr.-u.-al a o r t h - i r p ro d u c ts "ta k e n .n rt, i f J im ported b. ?o.-e Cc e.- -.b er 21,

197 2. " '.this pr -o yi si on would al lo w sp ecie s o f marine n a raa ls which ar e 

o r may be l i s t e d as en da ng ered or th e ir p ro d u c ts , held in th e co ur se 

o f a comm erc ial a c tiv ity and, i f im po rted befo re th e e ffe c ti v e da te 

o f th e Marine Me mal P ro te cti o n Act o f 19 72 , to be tr an sp o rt e d and 

so ld In in te r s ta te <?r fo re ig n col m-rce.

The prob lem addre ss ed by th ese b i l l s is o f g re at co nc ern to th is 

Dep artm en t. Sin ce en actm en t o f th e 1973 En dangere d Sp ec ies A ct , 

we hav e become awa re of s itu a ti o n s where in d iv id u a ls le g a ll y po sse ssed , p r io r to en ac tm en t p a rts or pro ducts o f en da ng ered sp ecie s 

fo r th e pur-pose of sa le o r ‘f o r o th e r a c tiv ity o f a comm erc ial n a tu re .

A sim il a r s itu a tio n e x is ts with re sp ec t to li v e an im al s. For ex am ple ,

p r io r to en ac tm en t o f th e 1973 Endangere d Spec ie s A ct , zoo s end

c ir cu ses end v ari o u s o th er ty pes o f liv e an im al rt-.a lers re g u la rly

open ged in th e s a le end in te r s ta te tr a n s p o rt o f I’up lr .s o r im ced ed *

r- if

 ’al. s wh ich wo .0 F e d e ra ll y l i f t e d r m id cn p-r ort . th e Fn d--uge rcd

Fp -'-cic s A ct o f 1969 d id not p r e b i b i t su ch co . .i-l ci. a c t i v i t y , b u t

p.j. ih lb .i t :-d • ily th e ' • >po?. t<- 'i o n 0 f • „ ;<-iv J l is te d --s endanger ed .

Fi't h pas sa ge of th e 5.973 A ct , such co . e rc ia J. r u t iv i t y was p ro h ib it e d .
235

O'hts Depai tm en t fu lly su pported th is p ro h ib it io n r as to re du ce th e 

•’ z-ad fo r c e r ta in an im als whose co ntinued ex is te n ce wa s, and i s , in 

» •-p aid y. How ever, we re co gniz e th a t suc h a p ro h ib it io n has als o 

c- Ted economic hard sh ip on many in d iv id u a ls who were eng age d in 

.1 .g ii -it ia te comm erc ial a c tiv itie s p r io r to pa ss ag e o f th e 1973 A ct .

I t i3 ou r Jud gm ent th a t th e com me rcial demand fo r en da ng ered anim als 

sh ould be re duce d, and th e U ni te d S ta te s sh ou ld ta k e th e le ad by 

re duci ng th e demand o f i t s c itiz e n s . How ever, we b e li e v e th a t a 

r,-dn.«l re d u cti o n o f t h is demand would c re a te le s s se ver e econ omic 

_ ji d s h ip fo r many le g it im a te comm erc ial e n te rp ris e s . re

As we t e s t i f i e d a t th e hear in g on th ese b i l l s befo re yo ur subcom mittee 

on f is h e rie s and W il d li fe C ons er va tion and th e En vironm en t, we do no t 

b e li e v e th a t th e amendments to th e En dang ered Spe ci es Act pr op os ed 

by H.R. 15393 and H.R. l6o h3 would re so lv e th e problem s with re sp ect 

to . jiv e an im als no r would th ey pro vid e fo r suc h a gra dual re d u cti o n 

o f th e demand. At th a t h eari n g , we recom mended th a t th e Committee 

d e fe r a cti o n on th ese b i ll s u n t il we had an op po i-tuni ty to co nfe r 

w it h re p re se n ta ti v e s o f th e De par tm ent o f Com er ce w ith a view to 

pro posi ng more eo i'p re he ns iv e amendments to a ll e v ia te th ese pr ob lem s. 

Ac cord! ngly , we recommend th a t th e fo llow in g amendments to th e Act 

be ad op te d in l ie u of e ith e r H.R. 15393 or H.R. 160*43:

1. S ecti o n 10 (b ) sh ould be amended to add a new subp arag raph (H ) 

to re ed as fo ll ow s:

n

(H) 'f ie S ecre ta ry r ay g ra n t, uu de r suc h ter ms and con d it io n s as 

ha may p re s c rib e , ex em pti ons to th e p ro h ib it io n s on ex p o rt ati o n 

in se c ti o n 9 (a )( 1 )(A ), and to th e p ro h ib it io n s in se c ti o n s 9(a ) 

(l) (E ) and (F) to pe rson s fo r st ocks or in v en to rie s o f p a rts or 

pro duct s of en da ng ered sp ecie s la w fu ll y h eld w it h in th e U ni te d 

S ta te s on December 28 , 19 73 , pro vid ed th a t suc h exem ptions sh a ll 

no t ex te nd to any p a rts o r pro duct s acq u ir ed a f te r December 28 , 1973 

end fu rth e r pro vid ed th a t no such ex em pti on s h a ll ex te nd beyond 

th re e years from th e da te o f en ac tm en t of th is amendment, ex ce pt 

th a t th is su b secti o n s h a ll no t ap pl y to p e r s e s la w fu ll y ho ld in g 

p .rt-s o r pro ducts of marine ma' n a ls , as th e t e n is defi ned 

i,i th e I’>‘-i e ta i P ro te cti o n .lo t of 1978, fo r which en fo rcem en t 

j i . j with th e S ecre ta ry of C o—o r e . He nay g ra n t, un de r such t e r 3 

■d con d it io n s rs he . -y p re s c rib e , e « .tp ti o n s Go th e p ro h ib it io n s 

in secti o n s 9 ( n ) ( l)( A), ( E ), and (F ) fo r sp ecie s so d efi n ed . For 

p irt3 or pro ducts 01’ sp e c ie s, th e S e c reta ry may g ra nt ex em ptions to 

"he p ro h ib it io n s in Secti ons 9 ( a ) ( l) ( A) , ( E ), and (F) un de r such 

■ 1..3 end co n d it io n s rs he r-.y p re s c rib e . n o tw it hst andin g he
p ro v is io n s o f S ecti on 4 (f)(2 )(A ), re g u la ti o n s pub li sh ed by the 

S e cre ta ry o f Commerce in co nn ec tion w ith t h i s ex em pti on w il l 

he e ffe c ti v e as o f th e date o f p u b lic a ti o n ."

2 .. S ecti on 10 (b ) sh ould be fu rth e r amended to add a su bp ar ag ra ph (5 ) 

to re ad as fo llow s:

"( 5) The S ecre ta ry may g ra n t, un de r such te im s and conditio ns 

as he may p re s c rib e , ex em ptions to th e p ro h ib it io n s in se cti o n 

2 (a )( 1 )( A ), (E ) and (K) to pe rson s su b je ct to th e J u ris d ic ti o n of 

th e Uni ted S ta te s fo r liv e en da ng ered sp ecie s of f is h and w il dl i f e la w fu ll y h eld in c a p ti v it y on December 28 , 1973.”

3 . Section 4 sh ould be amended to add a new su b se cti on (g ) to re ad 

as fo ll ow s:

"( g) 'Ihe Secre ta xy may l i s t , by re g u la ti o n , cap ti v e-b re d , s e lf - 

su sta in in g en da ng ered sp ecie s w it hin th e U ni ted S ta te s and may 

• allo w exem ptions from th e p ro h ib it io n s of S ecti o n 9 fo r such 

sp e c ie s. Whenever th e S ecre ta ry l i s t s a sp ecie s purs uant to 

th is su b sec ti o n , bn s h a ll is su e suc h re g u la ti o n s as he deeos 

nece ss ary and advis able to pro vid e fo r th e conse rv ati on o f suc h 

sp e c ie s."

Amendment No. 1 would add a new ty pe o f economic hard sh ip exem ption to 

th e s e alr ead y foun d in S ecti o n 10(b ). I t would allow an exem pti on on ly 

to c e rta in of th e p ro h ib it io n s , namely th ose deal in g w it h ex p o rt ati o n 

and in te r s ta te commerce, and th en cn.ly fo r p a rts or pro ducts o f en da ng ered 

sp ecie s h eld w it h in th e U ni ted S ta te s on December 28 , 1973. The exem ption ha3 a maximum tim e p eri o d of th re e y ears from th e dat e o f th e 

amendment". We b eli e v e th a t th re e year s i s s u f f ic ie n t tim e fo r most 

h o ld ers o f st ocks to dis pose o f the m, w ithout bei ng so lo ng as to 

e ffe c ti v e ly re c re a te a marke t fo r th e pro duct s o f en da ng ered sp ecie s.

At th e end of th e th re e y ear p e rie d , Co ng ress w ill be ab le to review 

th e s itu a tio n .

he S ecre ta ry is giv en a u th o rit y to s e t th e tc i' -s and condit io ns ox' 

su ch ex em pt io ns . Th ese ar e ex pec te d to in clu de st andar ds of pro of 

o f th e exem pt s ta tu s o f p « rts p ro d u c ts , re q ii re u e n ts fo r in ve nt or * >s 

o r bended wa reh ouse pro ce dure s where a p p ro p ri a te , re qu irem en ts fo r 

th e in sp ecti o n o f boo ks and re co rd s, and ap p ro p ri ate re p o rt in g and 

in sp e cti o n re quir em ents .
237

The f in a l ex ce ption to pro po se d amendment Ho. 1 i s in te nded to 

g re a t th e S e c re ta ry of Commerce a u th o rit y to d eal with th e s p e c if ic 

pro ble m o f la rg e st ocks o f sperm wh ale p ro d u c ts , suc h as scrimsha w 

an d am ber gris. Some who le sa le d eale rs have in v en to rie s o f suc h 

pi 'cdu ct s th a t may re q u ir e more th an th re e year s to d is tr ib u te .

Terms sc.d co n d it io n s of exem ption s fo r m arin e mammal p a rts and 

pro ducts w ill in clu de r e g is tr a tio n o f in v e n to rie s w ith th e S ecre ta ry , 

ke ep in g o f co mp lete sa le s re c o rd s, f ilin g o f suc h re p o rt s as th e 

S ecre ta ry may re q u ir e , and p ro v is io n s fo r duly auth o ri zed re pre se nta tiv e s of th e S ecre ta ry to hav e acc es s to th e in v en to rie s and 

re co rd s o f th o se hold in g in v e n to rie s . F u ll vs e w ill be made o f th e 

re b u tt a b le pr es um pt io n au th o ri zed in S ecti on 9( h) th e Act .

Amendment No. 2 would c re a te a fu rth e r econom ic hard sh ip ex em ption.

This" exem pti on i s ap p li cab le to liv e en da ng ered f is h and w ild li fe 

fo r c e r ta in oth er w is e p ro h ib it e d a c tio n s , nam ely im port , ex p o rt , 

sa le and i n te r s ta te commerce.

The pu rp ose of t h i s exem ption is to al lo w th o se per so ns w it h in th e 

U nited S ta te s who owned liv e en da ng er ed fis h o r w ild li fe on December 

28 , 1973, to co ntinue to u t il i z e th a t w ild li fe in th e co urs e o f 

a comm erc ial a c tiv ity which in volv es in te r s ta te or in te rn a ti o n a l 

t r a v e l. It- w ould p rim a ril y b e n e fit th ose who us e suc h fis h or w il d li fe 

in tra v e li n g c ir c u se s or e x h ib it io n s , or comm erc ial zoos tra n s fe rrin g 

anim als . The ex em pti on w il l expir e n a tu ra ll y a t th e end of th e 

u se fu l l i f e of th e fi sh or w ild li f e .

This ex em pt io n, lik e th e one desc ri bed above un de r new Secti o n 10 

(b )(U ) w ill am eli ora te th e e ffe c t o f th e new p ro h ib it io n s o f th is 

A ct , fo r th o se who co ul d no t q u a li fy fo r th e exem pti on in S ecti on 9(b ).

At th e sane ti m e , th e S ecre ta ry would hav e s u f f ic ie n t d is c re tio n to 

pre ven t a 'd r a in on th e w il d p o p u la ti o n o f th e en da ng ered f is h and w ild li fe 

th ro ug h th e sti m u la ti o n o f a r- r k e t, c it h e r d ir e c tly or in d ir e c tly .

Amendment No. 3 would au th o ri ze th e S e c re ta iy to d esi g n ate fo r exe mp tion 

from c e rta in p ro h ib it io n s c ap ti v e-b re d liv e en da ng er ed f is h and wild ­

l i f e , pro vid ed th a t th e p o p ula ti on of c ap ti v e en i a ls o f th a t sp ecie s 

i s s e lf-s u s ta in in g . Whenever th e S e c re ta ry d e sig n ate s sp ecie s ns ce pt.iv e-b io d s e lf - s u s ta in in g , he must is su e suc h re g u la ti o n s , whi ch may 

in clu d e p erm it o r li c e n sin g re quir em ents , as ai-e nece ss ary to pro vid e 

fo r th e co n se rv ati o n of th e sp e c ie s. Thi s a u th o rit y i s s im il a r to 

th e a u th o rit y un de r S ecti o n H(d) fo r th re a te n e d sp e c ie s.

43 -977 0 - 75 - 16
238

Tn a d d it io n to th e e !s we would su og ca t th a t Section

1 1 (e )( 3 ) o f th e Act ha ca ndid by ri din g th e fo llow in g word s a fte r 

th e words "Such pe rs ons may," and bef or e th e word s "e xe cu te and 

Se rv e cay a r re s t w a rr an t, ":

r

’*e a r re s ts w ithout a w .r ic n t fo r any v io la ti o n o f th is 

Ac t i f th ey have l'e es on ab le giov nd s to b eli ev e th a t th e pe rson 

to be a rre ste d is committing th e v io la ti o n in hi 3 pr es en ce 

o r vi ew , and "

T his amend e n t would c o rr e c t an ap par en t overn ig ht in th e Act , by 

in s e rti n g a u th o ris a ti o n fo r en fo rcem en t pers onnel to a r r e s t , with -- 

Out a w arr an t, pe rs on s committing v io la ti o n s in th e ir pre se nce or 

vi ew . Th is au th o ri ty was in th e Endan gered Spec ie s Con se rv at io n 

Ac t o f 1969, is fou nd in a ll o th er w il d li fe le g is la tio n , and was 

i n th e b i ll s which wore th e b a sis of th is Act . I t ap pe ar s to hav e 

bee n in ad v e rt e n tl y o t- ait te d in one d ra ft in g p ro cess. I t is a 

tr a d itio n a l law en fo rcem en t a u th o rit y , and we b eli e v e i t is ne ce ss ar y 

t o th e pro per en fo rcem en t of th is A ct , w ith i t s br oa d scop e of pr oh ib itio n s .

The Offi.c c of Management end Budget h-s ad vi ce d th a t th ere is no 

o b je c ti o n to th e p re se n ta ti o n o f th is re p o rt from th e st andpoin t 

o f th e A dM in is ti ati on’s piog rta n.

Ho no rable Le onor K. S v U lw i 

f’h e ii n sn , Comm ittee on Me.c hrnt 

duo and F is h e ri es 

Mouse o f re p re se n ta ti v e s 

sh in g to n , D.C. 20515
Q U E S TI O N N O. 1 8

N a v i g a ble l a te r a H an db oo k

A p pe n di x • St a n d ar d F o mi a n d Pr oce d u r al Ai de P art B-’- a

Ot her I n te ri or

Re gi o n al or Fiel d Re q uest

O ffic es re vie w s ' t o r Dcte nP u bll e N otice ' sl o n o f ti n s

or K or a

< I nf or s mti o n

Fiel d I n ve sti g ati o n

as a p p r o p ri ate

Me mo of Co m me nt t o

R D, B SF W----------------------------

P u blic N o tic e

Iss ue d b y C E D is tr ic t E n gi neer ( D E)

or j j C O D is tr ic t C o m ma nder ( D C)

All Re gi o n al a n d Fiel d O ffic es of

I n te ri or B ure a us t h at h a ve Re q ue ste d N o tic es

o f S p o rt Fis h er ie s a n d W il d lif e

” BS F W Re gi o n al Dir ec t o r, ( R D), Acti n g

t hr o u g h D R BS, l o g s n oti c e, o v er se es 

F O assi g n m e nt a n d f a cilit a t e s X,

re vie w b y ot he r B ure a u s ^

V * 

Re q u est t o E E or D C f or

E xt e nsi o n o f ti n e ( Ap p. A- 3)

BSF W Di visi o n o f Rl »e r

 /' B asi n St u dies ( D R BS) Area

 or Fi el d O ffic e ( F O) L o gs

a nd Scr ee n s N otice

Fi el d I n ve sti g ati o n

as a p p r o p ri at e

Dr aft Re p ort wit h c o m plet e d

f o r More I nf or m ati o n ( A p p. A- J) Fi el d A p pr ais al F or m

or

Me no n o tif yi n g " No Acti o n "

( A pp. A- Vi or " No si g nific a n t

c t

R D, BS F W, c oll a te s

c o nt e n ts a n d see ks

Re s ol uti o n o f a q y

Dis a gree me nts o n

^s u b st a n ti ve Is s u es

I n te ri or Fiel d O ffic es Dis a g ree

R D, BS F W, re q u ests E E or D C t o Gr a nt

E xt e nsi o n o f T u ne t o Res ol ve

R D, BS F W, a n d Ot her I n te ri or Fiel d

O ffic e s Refer A n al yse s a n d D ocu me nta

o n s u bs t a nti v e Is s u es t o He a d q u art ers

I n te ri or Fiel d O ffic e s A gree o m

De p art me nt al Le tte r o f C o me nt

I n cl u di n g BS F W ( S er vi ce ) Re p ort-

• He a d q u a rters B u re ais a n d O ffic es

c o nsi d er Is s u es u n der le a d o f

Dir ec t o r, BS F W

R D I nf or me D E or D C of a n y P N

o n w hic h De p art ment w ill n ot

c o n se nt ( A p p. A-l <^ or w hic h

I n v ol v es w or k n ot e x p ecte d t o

h a ve si g nific a n t e n vir o n me n a l

le p ect e ( A p p.fl-( b). T he » M J

be tr a ns mitte d I n gr o u ps,

li s t e d i n a wee kl y l e tt e r, or

ot he r e x pe diti o us w a y.

BS F W, pr e p ar e. Oe p arte e ntel le t t e r o f c o w ae nt t o D E or X o n BSF W

lett er he a d I n e o n x jr.tl n e c o c p «t 5tl. rl c v, c t I n te ri or fie l d o f fi c e.,

i n cl u di n g BS F W ( S er vi ce ) Re p ort, or st ati n g De p art m e nt's c o n se n s us

p o si ti o n es t a blis he d at fie l d or he a d q u ar ters le v el a n d e n cl osi n g wit h

t h e l e t t e r t he BS F W ( S er vi ce ) re p ort.

B ure a us

Dis a gr ee'

BS F W a n d/ or B O R

a n d/ or N FS a n d

ot he r B ure a us

a n d o ffic e s

I n v ol v e d

A/S- F WP (l e a d ).

A ssist a nt 

Secret ar y- P r o gr a m /

De v nl o p n m t a n d /

B u d get ( A/ S- P D B), /

e n d ot he r A s sis t a n t/

Se cr et ar y J oi n tl y /

Deci de 

Q p p art ner.t al P ositi o n

Dir ec t o r, BS F W,

I n st r u ct s R D, BS F W,

as t o De p art me nt' s

BS F W, D O R, p os iti o n

MPS n ot 

I n v ol ve d

A/S- P D B e n d

ot he r A ssist a nt

Se cre t ar y J o i n tl y

Deci de

E E or D C i n p o

r ec o m e n d e d C o n diti o ns

a n d Is s u es Per mit or

De nies Per mit

C o n diti o ns \

A gree me nt Re ac he d a n d

Per mit A p pli c ati o n

M o difie d or Per mit

C o n diti o ne d as M ut u all y

A gree d I

D E or D C F or w ar ds U S DI- Ser vlce

Reject t o A p plic a n t a nd

E nc oi r a ges Meeti n g, I f Re q uire d,

t o ft pl ai n C o n diti o ns a n d Res ol v e

Diffe re nc es

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A ppe n d ix I I

Responses to Questions Submitted by Senator Hansen to 

Mr. Greenwalt

243

September 27, 1974. Lyn n Gbee nw alt,

Acting Director, U.S. Fish and Wildlife Service, Department of the Interior,

Washington, D.C.

, Dear Mr. Greenwa lt : Tha nk yo u fo r ap pe ar in g be fore th e Sen at e In te ri or 

Co mm ittee. En clo sed are thos e qu es tion s which I ag re ed to def er as ki ng a t th a t 

tim e a nd i nst ea d to send to yo u in w riting .

I re al iz e thes e ha ve bee n so m ew ha t de laye d bu t I wo uld lik e to re qu es t th at 

a rep ly be mad e be fore th e mee tin g on Octo be r 1, be tw ee n Sec re ta ry Morton an d 

re pr es en ta tives of th e Wyoming W oo lgro wers is held. I mus t ap olo gize for 

mak in g th is requ est. If it is no t po ssible to do so, I am ce rt ain th es e qu es tio ns 

will be ra is ed a t th e m eeting.

I wo uld l ike to t han k you in ad va nc e fo r yo ur res po nse.

W ith ki nd rega rd s.

Sinc erely ,

Clifford P. H an se n,

U.S. Senator. En clo sure.

Questions for Lyn n Greenw alt F rom Senator Han se n. Septemb er 27, 1974

1. Does th e U.S. Fi sh an d W ild lif e Se rvice supp ly stry ch nin e out of Po ca tel lo, 

Id ah o supp ly de po t? If so, wi ll you supp ly 1080? If no t. w h at’s th e differen ce ?

2. W ha t scientific fa ct s were us ed to ju st if y th e Exe cu tiv e O rd er ? How doe s

th e al le ga tion th at th e en vi ro nm en ta l da m ag e was ca us ed by to xic an ts sq ua re 

with th e B er ry m an aff idav its an d th e Env iron m en ta l Im pa ct Sta te m en t th at 

was being proc essed thro ug h th e D ep ar tm en t of th e In te ri o r in 1971?

3. The st ate s w er e told th a t trap pi ng , de nn in g an d sh oo tin g wo uld co ntrol 

losses. Now we are told th a t th es e pl us th e M-44 wi ll co ntro l los ses . W hat pr oo f 

do yo u ha ve t h a t trap pi ng , de nn ing an d sh oo tin g plus t he M-4 4 will co ntrol los ses?

4. Is it th e po sitio n of th e D ep ar tm en t of t he In te ri or an d oth er Fed er al Ag encie s to give th e S ta te s th e resp on sibi lit y of pre dato r co ntro l w ith ou t giving the 

Sta te s th e auth ori ty to us e th e metho ds th a t are ne ce ss ar y fo r th a t co ntro l?

5. W as th e to ta l co ntro l effort fo r coyo tes in 1961 th e sa m e as it was in 197 0- 

74?

If “yes ” wi ll you supp ly in fo rm at io n to su bst anti ate yo ur st at em en t fo r Wyoming w ith a quan ta ti ve am ou nt of i nput fo r c on tro l.

If “no,” d id it i nc re as e o r de crea se in to ta l ef fo rt?

W ha t ha pp en ed to losses d ur in g th a t tim e?

P roposed Que sti on s for Mr. L yn n Greenw alt, Septemb er 26. 1974

1. Hav e th e re se ar ch effo rts of th e In te ri o r an d A gr ic ul tu re D ep ar tm en ts pr oduced an y sign ifi ca nt br ea kth ro ughs in pre dato r co ntro l?

2. Is th e In te ri o r D ep ar tm en t se ek in g to re gis te r th e M-4 4 under th e FIF R A 

Act an d, in th e in te rim , has an ex tens ion to th e te m po ra ry pe rm it, fo r us e un de r 

th e Exe cu tive O rd er eme rgency p ro gr am been so ug ht ?

3. W ha t is th e curr ent co mmitm en t of th e In te ri or D ep ar tm en t to pre dat or 

co ntro l? Do es it wish to re ta in ju ri sd ic tion un de r th e Act of 1931 or is it still 

in te re st ed in tr an sf err in g pri m ar y re sp on sibi lity to th e Sta te s?

4- Would th e In te ri o r D ep ar tm en t be will ing to tu rn ov er pre dato r co ntrol 

ju ri sd ic tion to th e D ep ar tm en t of A gr ic ul tu re ?

5. Would you kind ly prov ide curr ent st ati st ic s refle cting th e eff ec tiv en ess of 

th e em erge nc y or der M -44 p ro gr am ?

6. Could you de ta il how you will en su re fu tu re de cis ions of th e W ild lif e Se rv ­

ice wi ll be ba sed on st rict ly pr of es sion al in put an d no t pu re ly po lit ic al co nsider at io ns ?

7. Could you de scrib e in de ta il th e re su lts of an y sign ifi ca nt re ce nt stud ies 

co nc erning coyo te an d eagle pre da tion upon do mestic liv estock ?

U.S. Depa rtm ent of th e I nterior.

F is h and Wildl ife Service.

Washington. D.C. Ho n. Clifford P. H an se n.

U.S. Senate.

Washington. D.C.

Dear Senator H a n sen: Th e enclo sed in fo rm at io n is prov ided in resp on se to 

qu es tio ns ra is ed in you r l ett er of S ep tem be r 2 7.1 974 .
244

I apprecia te your intere st in the predator control program and hope this information will be of use to you.

Sincerely yours,

Lynn A. Greenwalt,

Special Assistant to the Director.

Enclosure.

September 26, 1974, List of Questions

Question No. 1.—Have the research efforts of the Interior and Agriculture 

Departments produced any significant breakthroughs in predato r control?

Response. No significant breakthroughs in controlling predato r losses have 

been uncovered by the Departmen t of the Interior or the Department of Agriculture in the ir predato r research programs. The path is long and difficult and 

no single contol method is likely to product a cure-all for the problems.

Significant progress has been made in thre e major areas of predator research :

A. In damage assessment, detailed field autopsy studies at Twin Falls, Idaho, 

and Raleigh, Wyoming, are coming up with confirmed predato r losses ranging 

from one to four percent on flocks of sheep on open range over the last two years 

in areas of intensive control. This loss is prim arily to coyotes. Eagle depredations 

are spotty, both geographically and seasonally.

Measurements of confirmed predato r losses in the absence of coyote control 

on two ranches in Montana and New Mexico show predato r losses of 24 and 14 

percent respectively.

B. In predator ecology we are now completing the third year of work to 

determine predator abundance in the western States. These indices showed 

significant decreases in three States and increases in five States in 1973. This 

survey, together with information on sheep distribution, provides valuable info rmation to management on population tren ds of coyotes and in determining the 

impact of control on predator abundance.

Generally, in intensive livestock production areas, which a re areas of intensive 

predator control, the indices tend to be lower, inferring that control is holding 

coyote populations at lower, though still fluctuating, levels.

C. Finally, in the development of new control techniques, we are concentrating 

research efforts on non-lethal methods, but resu lts of coyote behavior studies 

to date indicate that this approach does not offer the promise that many have 

hoped for.

To back this up, we are pressing research on selective leth al techniques 

designed to take offending animals. The toxic colla r that stops kille r coyotes 

at the point of atta ck is an example. Development of control techniques, scientific data collection, and registration require time.

Question No. 2.—Is the Inte rior Department seeking to register the M-44 

under the FIFRA Act and. in the interim, has an extension to the temp orary 

permit for use under the Executive Order emergency program been sought?

Response. The Department of the Interior first applied for reg istratio n of 

the M-44 cyanide device in February 1970. The E nvironmental Protection Agency 

denied registration pending additional data . The Depa rtment is presently gather ­

ing efficacy data on the M-44 device through its present program under an 

experimental use permit issued by the Environm ental Protection Agency. These 

data will be used to support application for registration. An extension of the 

experimental use p ermit is being requested.

Question No. 3.—What is the current commitment of the Inte rior Department 

to predator control? Does it wish to retain jurisdiction under the Act of 1931 

or is it still interested in tran sferrin g prim ary responsibility to the States?

Response. In keeping with the inte nt of the Executive Order, the Fish and 

Wildlife Service has undertak en an intensified research effort to learn more about 

the extent of predator losses and the best ways to abate such losses.

In recognition of the need to prevent a disruption in necessary damage 

control service while legislation is being considered, the Service has initiated a 

control program using non-poisonous methods with special emphasis on reducing 

damage in critical areas. The Service and the Depa rtment are committed to 

this effort, and have no intention of turning responsibility over to any other 

Federal agency or to the States, though we a re interested in arrangem ents with 

States to conduct the operational program under cooperative arrangements.

In 1972 and again iq 1973 the Administration proposed legislation to redirect 

Ihe Federal animal damage control program. The key to the proposed legislation 

was to have the State s, which are prim arily responsible for management of
resident wildlife, conduct the operation al control programs, and to provide cost 

sharing Federal funds in support of these programs. Policy and guidance would 

be provided by the Service.

The Service is continuing its pre dator control program under the 1931 Act 

and is negotiating with the States to carry out operational programs on the 

basis of eoperative agreements. New animal damage control legislation may be 

desirable in order to enable the Department to develop an effective cooperative 

program with the States. It is our inten tion to introduce new legislation after 

we have developed experience with Federal-Sta te cooperative programs. The 

new legislation will be based on proven operational and con tractural procedures.

Question No. 4-—Would the Interior Depa rtment be willing to turn over predator control ju risdiction to the Department of Agriculture?

Response. We consider the control of predato rs to be a wildlife problem. The 

management—enhancement and control—of wildlife is a responsibility of the 

Department of the Interior. While certain wildlife prey on livestock, it does 

not necessarily follow that the prevention of such predation should be the 

responsibility of the Department of Agriculture. Predation frequently occurs 

against other wildlife as well as domestic animals. Since the Department of 

Agriculture’s concern is for livestock and other domestic animals, unnecessary 

duplication of a Federal program would occur as another agency would control 

predation a gainst wildlife—with the same predators involved.

It is possible to work closely with livestock inte rests to deal with wild 

anim als which conflict with domestic animals. This has been a function of the 

Depa rtment of the Interior for many years and the fund ame ntal responsibility 

for wild animal management should rem ain there.

Question No. 5.—Would you kindly provide current statistics reflecting the 

effectiveness of the emergency order M-44 program ?

Response. Cumulative data for approval to use the M-44 device through 

September 21,1974, are as follows :

SUMMARY OF M-44 APP ROV ED BY SE RV ICE 

|As of Se pt. 2 1 ,1974|

Region: State Counties Areas

Maximum

number of Livestock involved

M-44’s -------------------------------------------------

Acres approved Number Type

Region 1:

Califor nia ________ ____ 1 1 7, 200 20 200 Sheep.

Oregon_______________ 5 21 7,169 231 2, 957 Sheep and goats.

Nevad a_______________ 2 5 59, 700 180 7, 921 Sheep.

Idah o________________ 1 1 3,000 20 1,400 Do.

Subt otal____________ 9 28 77,089 451 12, 478

Region 2 :

Arizon a_______________ 3 19 39, 580 412 3, 754 Do.

New Mexico...... ............... 7 18 122,844 635 8, 747 Do.

Te xa s________________ 35 132 1,191 ,679 2,419 112,301 Sheep and Goats.

Sub tot al......... . ............. 43 lb9 1, 354,103 3, 466 124, 802

Region 6:

Montana________ _____ 20 31 222, 084 893 22,82 5 Sheep.

Utah. . . . . . . . . . . . . . . . 12 22 97,128 475 23,218 Do.

Wyoming______________ 6 23 208, 320 1,090 30,812 Do.

Sub tot al......... . ........ 38 76 527,532 2,45 8 76,855

Grand total __________ 90 273 1,958, 724 6, 375 214,135

Although summer weather conditions seriously limit M-44 effectiveness, 213 

coyotes were taken by this device during this time period. We do not consider 

the number of coyotes taken to be a true measure of the success of the program. 

The use of the M-44 was successful in stopping losses in only a small percentage 

of the 273 emergency situations. Texas reported the best resu lts—depredations 

ceased on 49 of the 88 emergency are as reported. This degree of success was not 

approached in any of the other States. One calf was taken accidentally in New 

Mexico, and no human accidents have resulted from this program. Testing of
246

M-44’s during other seasons of the year needs to be completed to give a clearer 

picture of its value as a tool for resolving depredation problems where mechanical 

methods have not been effective.

Question No. 6.—Could you detail how you will ensure future decisions of the 

Wildlife Service will be based on strictly professional input and not purely 

political cosiderations?

Response. The U.S. Fish and Wildlife Service is a scientific organization with a 

mission of protection and enhancement of fish and wildlife resources. It is not a 

political organization, and recommendations or decisions emanatin g from it are 

not politically based. However, the Service m ust on occasion carry out decisions 

which are political in nature. The Service is not an independent entity , and 

thus must sometimes ca rry out directives from higher organizational levels within 

the Department or the Executive Branch which are not based on purely scientific 

evidence.

Question No. 1.—Could you describe in detail the results of any significant recent 

studies concerning coyote and eagle predation upon domestic livestock?

Response. The Service does not have a formal study addressing eagle depredations on livestock, but they are considered incidental to measurements of preda tor 

losses.

In June of this year a report of eagles killing lambs on a ranch in Montana 

was brought to the attention of our staff a t the Denver Wildlife Research Center. 

In orde r to gain detailed inform ation on the natur e of the problem, and to verify 

the eagle kills, an existing contract with the University of Montana concerning 

coyote losses was amended to include eagles. During a three-week period, starting 

in mid-June, a tota l of 44 eagle kills to lambs was verified on this ranch. In this 

par ticula r incident there was a concentration of 45 eagles. Normal eagle food was 

extrem ely low in the are a in which the kills occurred. This is the first verified kill 

of this magnitude. The eagles have since dispersed.

With regard to coyotes, significant studies are described in response to question 

one, September 26, 1974, List of Questions.

Sep te mbe r 27, 1974, Lis t of Qu es ti o ns

Question No. 1.—Does the U.S. Fish and Wildlife Service supply strychnine 

out of Pocatello, Idaho supply depot? If so, will you supply 1080? I f not, wha t's 

the difference?

Response. The U.S. Fish and Wildlife Service does supply strychnine grain 

baits for control of some rodents. This is restricted to geographical areas where 

comparable baits ar e not available from commercial sources.

We do not supply 1080 grain baits for rodent control.

The Executive Order prohibits the use of chemical toxicants that have poten tial secondary hazards in pred atory as well as non-predatory animal damage 

control. The Depa rtment has taken the position that 1080, when used for rodent control, does pose a secondary poisoning hazard.

Potential for secondary poisoning effects from normal uses of Pocatello Supply Depot formulated strychnine grain baits are related to remn ant amounts 

of the toxic ant not degraded in the gastrointes tinal tra ct prior to death of the 

tar get individual, and are not associated with other body parts. Since baits 

are trea ted at the lowest concentration effective against the targ et animal, the 

possibility of “secondary poisoning effects” occurring under field conditions is 

remote.

Question No. 2.—What scientific facts were used to justify the Executive 

Order?

How does the allegation that the environmental damage was caused by tox ican ts square with the Berryman affidavits and the Environmental Impact State ­

ment tha t was being processed through the Department of the Interior in 1971 ?

Response. In hearings conducted by the House of Representatives. Committee on Merchant Marine and Fisheries, Subcommittee on Fisheries and Wildlife Conservation and the Environment. March 19, 1973, Assistant Secretary 

of the Departmen t of the Interior for Fish and Wildlife and Parks made the 

following sta temen t:

“In 1964, because of public concern, the concern of Congress, and increasing 

concern in the Department of the Inte rior over this Federal program, the then 

Secretary of the Interior, Stew art Udall, directed his Wildlife Management 

Advisory Board to investigate the program. Their report—commonly referred
247

to as the Leopold Report—made recommendations for certain program changes 

which became the basis for major redirection of Federal anim al damage control 

activities.

“However, with increasing environmental awareness, there was continuing 

concern over the use of poisons for predator control. The public and executive 

concern culminated in the estab lishm ent of a task force of seven scientists by 

Dr. Stanley A. Cain. Commissioned by the Secretary of the Interio r. Rogers 

Morton and the Chairman of the Council on Environmental Quality, Russell 

Train, the task force undertook a review of predator control activities. Their 

report, published in Jan uary 1972, contained a number of significant findings, 

conclusions and recommendations. It formed the basis for executive action which 

began immediately upon release of the report.”

Question No. 3.—The States were told tha t trapping, denning and shooting 

would control losses. Now we are told that these, plus the M-44’s, will control 

losses. What proof do you have that trapping, denning and shooting, plus the 

M-44’s, will control losses?

Response. The implication in the issuance of Executive Order 11643 was tha t 

mechanical methods could effectively control losses to predato rs in most instances. Provisions for the use of chemical methods were incorporated in the 

order for cases where mechanical tools were inadequate. In the past two years 

the Service has demonstrated that the increased use of and refinements in available mechanical methods are effective in controlling depredation in most cases, 

and that there are some situation s where mechanical methods are not effective. 

We believe the M-44 device will increase our capabilities for resolving the conflict in a substantial number of these cases.

Whether the supplemental use of the M-44 device will provide the required 

level of protection has yet to be determined. It is still too early to evalu ate 

the effectiveness of the M—44 device. Emergency use of this tool has involved 

the hot, dry summer months when this tool is least effective. We are requesting an extension on the experimental use permit issued by the Environmental 

Protection Agency to include seasons when they are most effective and when 

other available mechanical methods are adversely affected by weathe r conditions.

Question No. 4.—Is it the position of the Depa rtment of the Interior and other 

Federal agencies to give the States the responsibility of predator control without giving the States the autho rity to use the methods that are necessary for 

that control?

Response. No—it definitely is not. It is the position of the Depa rtment tha t 

predator damage control programs be designed to meet the legitimate needs 

of the livestock indu strie s with a minimum impact on non-targe t species. This 

is in line with the dual responsibilities inherent in the management of wildlife 

resources. The Depa rtment is attempting to tra nsfer the operation al responsibility of anim al damage control of resident wildlife to the States with the 

assu ranc e that these criteria will be met to the satisfactio n of the Secretary 

of the Inte rior. It is not our inte nt that State programs would he denied the 

use of animal damage control methods which would otherwise be available to 

Federal programs.

We are atte mpting to gather additional efficacy data on the M-44 device which 

will suppo rt the registration of this control tool and make it available for use 

in approved Sta te programs for resolving conflicts when and where evidence 

indicates that such is needed to supplem ent other available control methods.

Question No. 5.—Was the tota l control effort for coyotes in 1961 the same as 

it was in 1970-74?

If “yes,” will you supply information to sub stantiate your statem ent for Wyoming w ith a qu antitative amount of input for control.

If “no,” did it increase or decrease in total effort?

What happened to losses d urin g that time?

Response. The tota l effort on animal damage control in the Sta te of Wyoming 

during the period of 1961 through 1973 decreased in manpower (44.5 to 40 manyears, respectively) and increased in funding ($269,783 to $550,000, respectively). 

Since the Leopold Report (196-1), a change in the philosophy of coyote damage 

control was enforced, which directed more efforts in the are as where depredation 

damage was occurring, and less in the surrounding are as to reduce coyote drift 

into the problem areas. Also, recommendations contained in the Cain Report 

(1972) were instrume ntal in effecting the term ination of the use of chemical
248

toxicants for controlling damage caused by preda tory animals, except in specific 

emergency situations as described in Executive Order 11643.

In an effort to determ ine whether coyote damage could be controlled by 

mechanical methods, the U.S. Fish and Wildlife Service intensified its animal 

damage control efforts during the critical calving and lambing periods, prim arily 

through the increased use of aircraft in the problem areas. From data gathered 

during the special spring and summer efforts of 1972 and 1973, it was concluded 

that there were specific situations where mechanical methods alone were not 

effective in some situation s. As a result, the Depa rtment took action to develop a 

stream lined procedure for quickly identifying and approving the emergency use »

of M-44’s where non-chemical control methods were found to be ineffective. As 

of September 21, 1974, 23 requests for the emergency use of up to 1,990 M-44’s 

were approved in the State of Wyoming, involving 6 counties, 208,320 acres, and 

30.812 sheep.

Generally stated, the Service’s animal damage control efforts since 1961 have •

evolved from a preventive damage control approach to reacting to specific damage 

conflicts when and where they occur. The Service is presently conducting damage 

assessment studies in Wyoming to accurately determ ine losses to predators.

Objective inform ation as compiled by the Service is not conclusive on this 

question.
A pp en dix I I I

Responses to Questions Submi tte d by Se nator Magnuson 

to M r. G ree nw alt

251

United States Department of the Interior

ADDRESS ONLY THE DIRECTOR.

FISH AND WILDLIFE SERVICE

FISH AND WILDLIFE SERVICE 

WASHINGTON, DC. 20240

SEP 2 7 1974

W ar re n G, M ag nu so n, Cha irman 

C om m itt ee on Commerce 

U n it e d S ta te s S en ate 

W ash in g to n , D.C . 20510 

D ea r Mr, M ag nu so n:

The e n c lo se d in fo rm a ti o n i s p ro v id e d in re s p o n se to s p e c i f i c q u e s tio n s 

r a is e d in yo u r l e t t e r o f Septe m ber 20 , 1974 .

I hop e t h i s in fo rm a ti o n w i l l be u s e f u l to yo u an d th e C om m itte e.

E n c lo s u re s

S in c e r e ly y o u rs

«
252

Q u esti o n No. 1

As yo u kn ow , $ 1 .1 m illio n w er e ad de d by th e C ongre ss to th e P r e s i d e n t 's 

r e q u e s t f o r f i s c a l y e a r 19 74 f o r th e o p e r a tio n s an d m ain te n an ce o f 

n a tio n a l w i l d l i f e re fu g e s an d o th e r re fu g e p u rp o s e s . In a d d i t i o n , th e 

P r e s i d e n t 's b u d g et i t s e l f c o n ta in e d an in c r e a s e o f some $928,0 00 o v er 

th e f i s c a l y e a r 1973 b u d g e t. O th er a d d itio n a l fu nds p re su m ably w er e 

mad e a v a ila b le to th e r e fu g e sy st em in f i s c a l y e a r 1974 as a r e s u l t o f 

su p p le m e n ta l a p p r o p r ia tio n s to co v er th e s o - c a lle d "P ay A ct " in c r e a s e s 

in em p lo y ees' p a y , p ro b a b ly some $1 m il l io n . To sum u p , th e re fu g e 

sy ste m sh o u ld hav e r e c e iv e d in e x c e s s o f $3 m illio n more in f i s c a l y e a r 

1974 th a n in f i s c a l y e a r 19 73 . Di d th e re fu g e sy ste m in d eed r e c e iv e

t h i s in c re a s e ?

I s i t tr u e t h a t a go od p o r tio n w en t to e s t a b l i s h a new r e g io n a l o f f i c e

in Den ve r?

Do yo u p la n to f i g h t f o r g r e a t e r f i n a n c i a l s u p p o rt o f th e N a ti o n a l 

W ild lif e R ef uge Sys tem ?

R es ponse

I t i s tr u e t h a t th e a p p a re n t in c r e a s e f o r a d m in is te r in g th e re fu g e sy ste m 

in FY 1974 wa s ab o u t $3 m i l l io n . How ev er , th e r e wa s a $605,0 00 w ag eb oa rd 

su p p le m e n ta l in FY 19 73 w hic h wa s n o t c a r r ie d o v e r in t o th e FY 197 4 b a s e ; 

th u s , th e FY 197 4 in c r e a s e wa s n e g a te d to t h i s e x t e n t . The a c tu a l 

in c r e a s e a p p r o p ria te d f o r re fu g e s was more l i k e $ 2.4 m illio n .
253

Of th is am ou nt, ab ou t $2 .2 m il lio n was bu dg et ed fo r d ir e c t f i e l d s ta tio n 

us e and th e re m ai nder was bud ge te d fo r h ig h er c o sts o f te le com m unic ati ons, 

post age and o th e r su pport s e rv ic e s .

I t is not tr u e th a t a good p o rti o n we nt to e s ta b lis h a new re g io n a l o f f ic e 

in Den ve r. I n i t i a l fu ndin g to su p p o rt th a t p o rti o n of th e De nv er o ffic e 

th a t i s des ig ned to p la n and su p e rv is e re fu g e o p e ra ti o n s was d eri v ed from 

tr a n s f e r s of fu nd s from th e P o rtl a n d , M in nea poli s and Albuq ue rq ue re g io n a l 

o f f i c e s .

As fo r f ig h ti n g fo r g re a te r f in a n c ia l su p p o rt o f th e N ati o n al W il d li fe 

Refug e Sy ste m, th is i s c e r ta in ly an o b je c ti v e of th e S e rv ic e , and one of 

my p ers o n al co n cern s. Thi s i s r e f le c te d in th e FY 1975 budget re q u e st 

wh ich ea rm arke d 22 perc en t o f th e $1 0, 886,0 00 prog ram in c re a s e s in 

re so u rc e management fo r o p e ra ti n g and m ain ta in in g re fu g e s. In a d d it io n , 

we have recommended s u b s ta n tia l in c re a s e s in th e FY 1976 budget fo r 

re fu g e o p e ra ti o n and m ai nte nan ce .

The F is h and W il d li fe S erv ic e must re sp on d to a br oa d sp ec trum of hig h 

p r i o r it y dema nds. Among th ese are th e en da ng er ed sp e c ie s prog ram 

purs uant to th e En dangere d Specie s Ac t o f 19 73 , th e m ar in e mammals 

program pu rs u an t to th e Mari ne Mammal P ro te c ti o n Ac t o f 1972 as w e ll as 

h a b ita t p re se rv a ti o n and ma nagem ent. The ne ed fo r str e n g th e n in g th e 

re fu g e sy stem mu st be view ed w it h in th e co n te x t o f th ese and o th e r 

co mpe tin g ne ed s as w ell as w it h in th e co n te x t o f g e n era l f i s c a l r e s t r a i n t s .

43-977 0 - 75 - 17
O b v io u sly , I ca n n o t a d v o c a te th e s u p p o rt o f on e S e rv ic e pro gra m to th e 

e x c lu s io n o f o th e r s h a v in g h ig h p r i o r i t y . I t i s my ai m to m a in ta in a 

p ro p e r b a la n c e an d to se ek p ro p e r r e c o g n itio n an d s u p p o rt o f a l l th e 

S e r v ic e 's im p o rta n t e f f o r t s .

Q u esti o n No. 2

As yo u know , th e r e h a s been some c r i t i c i s m o f th e U .S . F is h an d W ild life 

S e rv ic e f o r th e d e la y s in im ple m enti ng th e p r o v is io n s o f th e E ndan ger ed 

S p e c ie s A ct o f 1973. For ex am p le , th e U n it ed S ta te s an d o v e r 80 o th e r 

n a tio n s w er e s i g n a to r i e s to th e C onvention o f I n t e r n a t i o n a l T ra de an d 

E ndan ger ed S p e c ie s o f F lo ra an d Fa un a sig n e d in W as hin gto n in Ma rch 

1973. A nu mbe r o f c r i t i c a l l y en dangere d c a t s , su ch a s th e Clo ud ed 

L eo p ard , th e M arb le C a t, an d many o t h e r s , w er e i d e n t i f i e d in a p p e n d ic e s 

to th e C onventi on a s b e in g en d an g ere d . A lt h o u g h p r o te c tio n w i l l u l t i ­

m a te ly be g iv e n th o s e an im a ls when th e C on v en ti o n be co m es e f f e c t i v e , 

th e y a re n o t on th e en d an g ere d s p e c ie s l i s t now.

F u rth e rm o re , in Ja n u a ry 19 73 S e c re ta ry M or to n an no un ce d t h a t th r e e la r g e 

s p e c ie s o f k an g aro o w er e " th r e a te n e d w it h w orl dw id e e x t i n c t i o n " an d y e t , 

no a c tio n h as been ta k e n to p la c e th e s e a n im a ls on th e en d an g ere d s p e c ie s 

l i s t . The O ffic e o f E ndan ger ed S p e c ie s w ith in th e U .S . F is h an d W ild life 

S e rv ic e h as rec om mended t h a t o v er 60 s p e c ie s o f m o ll u sk s an d c r u s ta c e a n s

be ad de d to th e l i s t , b u t no a c tio n h as been ta k e n .

Why h as mo vem ent been so sl ow ?
May we hav e y o u r a s s u ra n c e th a t yo u w i l l mak e e v e ry r e a s o n a b le e f f o r t to 

sp eed up th e pro gra m ?

R es po ns e

D is c re p a n c ie s in th e F e d e ra l en d an g ere d s p e c ie s l i s t an d th e ap p e n d ic e s 

to th e C onv en ti o n o f I n t e r n a t i o n a l T ra de in E ndan ger ed S p e c ie s o f W ild 

Fau na an d F lo ra e x i s t b e cau se th e c r i t e r i a s p e c if ie d in th e C onv en ti o n 

a re somew hat d i f f e r e n t th a n th o s e in th e F e d e ra l la w . The S e rv ic e i s 

p r e s e n tly in th e p ro c e s s o f com par in g th e F e d e ra l l i s t to th e a p p e n d ic e s 

an d e v a lu a tin g th e s t a tu s o f s p e c ie s w he re th e r e a re d i s c r e p a n c ie s . We 

w i l l o f f e r am en dm en ts to th e a p p e n d ic e s i f n e c e s s a ry whe n th e C onvention 

i s in e f f e c t i n t e r n a t i o n a l l y . L ik e w is e , t h i s com pari so n may r e v e a l 

s p e c ie s w hic h sh o u ld be ad de d to th e F e d e ra l l i s t , remov ed o r r e c l a s s i ­

f i e d . The S e rv ic e w i l l i n i t i a t e a p p r o p r ia te a c tio n s i f w a rra n te d .

W ith re g a rd to th e c a t s , a re v ie w o f t h e i r s t a t u s i s p r e s e n tly under w ay . 

We a r e p r e s e n tly p re p a re d to ta k e a c tio n in th e k an garo o s i t u a t i o n . In 

a d d itio n to th e a c t i v i t i e s su m m ar iz ed in th e e n c lo s e d "F a c t S h e e t— 

K an g aro o s" , S e rv ic e s p e c i a l i s t s hav e j u s t com ple te d e x te n s iv e f i e l d 

i n v e s ti g a t i o n s . Rec om men da tion s on th e s t a t u s o f th e k a n g a ro o s a re 

b e in g p re p a re d f o r fo rm al p ro p o s a l in th e F e d e ra l R e g is te r so o n . A c ti o n 

on th e m o ll u sk s an d c ru s ta c e a n s i s p r o g re s s in g an d F e d e ra l R e g is te r 

p u b lic a tio n i s p la n n ed s h o r t l y . D ela y s hav e o c c u rre d b e c a u se o f th e 

nee d to f u l l y e v a lu a te th e l e g a l an d e n v ir o n m e n ta l c o n n o ta tio n s o f su ch 

l i s t i n g .
The Endangered Species Act of 1973 r equires certa in activities be u nde rtaken to assure that decisi ons on listing a species as endangered or

threatened are based on the best scientific and commercial data availaable. Such listing can be accomplished only after all interested persons 

and org ani zations, approp riate State and foreig n governments and interested Federal agencies are consulted. The governor of each State in 

whic h a species is known to occur must be notifi ed of contemplated action 

and allowed at least three months to submit recommendations. Detailed 

just ifications must be devel oped and specific rulem akin g processes 

followed in the publicat ion of notifications, data and decisions in the 

Federal Register. Obviously, with such requirements, the listing, 

delisting and reclassif icat ion of species can take c onsid erab le time to 

accomplish.

The Endangered Species Act of 1973, like any comp rehensive law which 

creates a new program or changes an existi ng program significantly 

requires a perio d of educa tion and adjustment. The highly sophisticated 

inte rrelationships called for in the Act have neces sita ted lengthy interpretiv e sessions wi th Federal and State agenc ies as well as other organ ­

izations and groups. Implementation at the Federal as well as the State 

level has been hampe red by inadequate funds and manpower.

Impl ementation of the p rogram will certa inly be facilitated now that the

De pa rtment’s FY 1975 appro pria tion has been enacted. Our initial efforts
since the Act was passed have been to develop a firm base of underst andi ng 

within Federa l and State agencies, to prepar e the best poss ible reg ula ­

tions, develop an effic ient and effec tive permit system, and thereby

assure that this n ew and far- reaching conserva tion program has the best

possible foundation.

Question No. 3

One of the mos t unhe alth y trends in Federal progr ams in recent ye ars has 

been the vast expa nsio n of Wash ington and regional offices relativ e to 

field stations where obviously most of the wor k in any agency like the 

U.S. Fish and Wildlife Service takes place.

How many people does the Service emplo y and wha t is the breakdown between 

the Was hington office, regional offices, and field stations? Has the 

percentage dist ribu tion changed in recent years?

It is our unde rstanding that the Washington o ffice of the U.S. Fish and 

Wildlife Service oversp ent its share of the S er vice’s appr opri atio ns for 

fiscal year 1974 by some $2 million. Is this correct? How do you 

propose to make up the deficit? Do you intend to divert funds from

field stations?

If confirmed, do you plan to devo te greater support of your resources to

field stations than has been in the past?
258

Re sponse

As of Ju ly 1, 19 74 , th e S erv ic e had 4, 15 5 pe rm an en t f u ll- tim e em ploy ees 

and 1, 40 1 "o th e r" (p a rt-tim e , tempo rary and in te r m itte n t em pl oy ee s) on 

bo ar d fo r a t o t a l of 5, 55 6 t o ta l p aid em pl oy ee s. The bre akd ow n was as

fo ll o w s:

F u ll -ti m e

Pe rm anen t A ll Oth er

H ea dquart er s 

R eg io nal Lev el 

F ie ld O pera ti ons

318 46

709 110

3, 12 8 1,24 5

T o ta l 4, 15 5 1, 40 1

P erc en ta g e-w is e, over th e p a st se v e ra l y e ars th e re ha s been an in c re a se 

in th e number o f em ploy ees a t th e f ie ld o p e ra ti o n s le v e l.

I t is n o t c o rre c t th a t th e Washin gto n O ff ic e ov ers p en t i t s sh are of th e 

S e rv ic e 's Res ou rc e Management A p p ro p ri ati o n and th e N ati o n al W il d li fe 

Re fug e Fun ds fo r FY 1974 by $2 m il lio n . Furt herm ore , a d e f i c i t never

e x is te d and no fu nd s we re d iv e rte d from f ie ld s ta tio n s .

P rio r to th e begin nin g o f FY 19 74 , a d e c is io n was made to co n v ert to a

managemen t by prog ram con cep t. Thi s re q u ir e d a co m pl et e re s tr u c tu r in g 

of th e budgeting and accounti ng sy st em , in clu d in g co mpu ter reprog ramming 

As a r e s u l t, fo r much of th e f i s c a l y e a r, many of th e co mpu ter p r in to u ts

r e f le c tin g f in a n c ia l managem ent in fo rm ati o n we re go in g th ro ugh a te s tin g

and re fin in g p ro c e ss. Based on wh at we now know to be in a c c u ra te

*
259

co mpu ter r e tu r n s , a d d it io n a l a ll o tm e n ts we re made la t e in th e f i s c a l y ear

to th e re g io n a l o f f i c e s , r e s u lti n g in in ad eq u ate fu ndin g a t th e W ashing ton 

O ff ic e le v e l. As soon as th is d is cre p an cy was i d e n tif ie d , th e re g io n a l

o f f ic e s we re n o tif ie d and th e ir fu ndin g le v e ls re du ce d in am ounts s u f f i -

4

c ie n t to c o rre c t th e s itu a tio n . However, th e re g io n a l o f f ic e s h ad, to 

v ary in g l e v e ls , o b li g a te d th e fu n d s. I t was th e re fo re n ecessary fo r

• them to can cel some of th ese o b lig a tio n s .

A ft e r a l l f i s c a l year- en d adju stm en ts and re c o n c ilia tio n s we re acc om pli sh ed, 

th e S erv ic e had an u n o b li g ate d b ala n ce of $8 10 ,000 in th e R es ou rc e Management A p p ro p ri ati o n . In a d d it io n th e re re m ai ned , as of Ju ne 30 , 19 74 , an 

u n o b li g a te d b ala nce a v a il a b le fo r o b li g a tio n of $4,0 65,0 00 in th e N ati o n al 

W il d li fe Refug e Fund. We were re q u ir e d to c a rry an u n o b li g a te d b ala nce 

of $4,0 03,0 00. We ex ce ed ed th is re quir em ent by $6 2, 00 0.

In re g ard to dev o ti n g g re a te r su p p o rt of our re so u rc e s to f i e l d s t a ti o n s ,

a c ti o n a lr e a d y i s un de rw ay , as re p re se n te d by th e f i s c a l y e ar 1975 ap pro ­

p r ia tio n s and f i s c a l year 1976 tfu dg et p la n s to str e n g th e n f i e l d s ta tio n 

c a p a b il i ti e s . New and expanded law en fo rc em en t o f f ic e s are b ein g e s ta b ­

lis h e d , re fu g e r e h a b ilita tio n and h a b ita t man agement i s p ro ceedin g a t a

r a te n o t p o ss ib le in p r io r y e a rs , and re se a rc h la b o ra to ry s t a f f s are

*

in c re a s in g w it h in Serv ic e-w id e manpower c o n s tr a in ts .

The m ajor in c re a s e in th e f i s c a l y ear 1975 bu dget was fo r b io lo g ic a l 

s e rv ic e s , which ex pa nd s ou r c a p a b ilitie s fo r envir onm en ta l p ro te c ti o n
260

o f f i s h an d w i l d l i f e an d t h e i r h a b i t a t s . Thes e fu nds w i l l be a s s ig n e d

to e x i s ti n g r e s e a rc h l a b o r a t o r i e s , t e c h n ic a l a s s i s t a n c e , e c o lo g ic a l 

s e r v ic e f i e l d s t a t i o n s (fo rm e rly r i v e r b a s in s t u d i e s ) , an d to p ro c u re ­

men t o f p r o f e s s io n a l s c i e n t i f i c s e r v ic e s by c o n t r a c t .

As a fo rm er f i e l d m an ag er m y se lf f o r many y e a r s , I am aw ar e o f th e 

im p o rt an c e o f p ro v id in g s t a f f s an d fu n d in g a d e q u a te to g e t th e jo b do ne

on th e g ro u n d . By th e sam e s ta n d a rd , how ever, I am w e ll aw ar e o f th e 

f r u s t r a t i o n s e n c o u n te re d by f i e l d w o rk ers who la c k p ro p e r a d m in is tr a tiv e 

s u p p o r t, pro gra m d i r e c t i o n , o r s t a f f a s s i s t a n c e o f th e k in d o f fe r e d o n ly 

by r e g io n a l o r c e n t r a l h e a d q u a rte rs o f f i c e s . I t i s my i n t e n t to do my 

b e s t to a s s u re t h a t b o th a re p ro v id e d in p ro p e r m ea su re so t h a t th e

S e rv ic e ca n do th e b e s t p o s s ib le jo b .

Q u e sti o n No. 4

L e g is la tio n in tr o d u c e d in th e Ho use t h i s p a s t sum mer wo uld e s t a b l i s h th e 

" N a ti o n a l W ild lif e R efu ge Sy stem O rg an ic A c t" . Und er t h i s b i l l , th e 

re fu g e sy ste m wou ld be s e t up a s a s e p a r a te e n t i t y . The F is h an d W ild life

S e rv ic e th e n w ou ld c o n s i s t o f two B u re au s: th e B ur ea u o f N a tio n a l

W ild life R efu ges an d th e Bur ea u o f S p o rt F is h e r ie s an d W ild lif e . Do yo u

th in k th e r e i s nee d to p ro v id e co m p re h en si v e p o lic y d i r e c t i o n f o r th e 

re fu g e sy ste m u n d er a new o r g a n iz a tio n a l s y s te m , a s t h i s l e g i s l a t i o n 

e n v is io n s , o r can t h i s be p ro v id e d f o r a d e q u a te ly u n d er th e p r e s e n t 

a d m in is tr a tiv e sy st em ?
Resp onse

H.R. 15856, th e N a ti o n a l W ild lif e Ref ug e Sys te m O rg an ic A ct o f 1 972, wou ld 

p ro v id e new p o lic y d i r e c t i o n f o r th e Syst em , c l a s s i f y r e fu g e s a c c o rd in g to 

pro gra m p u rp o s e s , a u th o r iz e th e s tu d y o f p o t e n t i a l re fu g e s i t e s in u rb an 

a r e a s , e s t a b l i s h 86 m illio n a c r e s o f la n d in A la sk a as p a r t o f th e Syst em , 

r e q u ir e C o n g re s sio n a l a p p ro v a l b e fo re an y la n d s i n th e Sys te m a re d is p o s e d 

o f , an d c r e a te a Bur ea u o f N a tio n a l W ild lif e R e fu g es. The new B ure au o f 

N a tio n a l W ild lif e R efu ges w ou ld be r e s p o n s ib le f o r a d m in is tr a tio n o f th e 

N a tio n a l W ild lif e Ref ug e Sys te m an d a l l pr og ra m s a nd f a c i l i t i e s in v o lv e d 

in w i l d l i f e h a b i t a t r e s e a r c h . La ws, pro gra m s an d a c t i v i t i e s " r e l a t i n g 

to r a r e , en d an g ere d an d th r e a te n e d s p e c ie s o f w i l d l i f e " w ou ld be a d m in is ­

te r e d by th e new Bur ea u o f W ild lif e R e fu g es. A ll f u n c tio n s re m a in in g in 

th e F is h an d W ild life S e rv ic e w ou ld be a d m in is te re d by a B ure au o f S p o rt 

F is h e r ie s an d W ild lif e .

W hi le we su p p o rt th e o b je c tiv e s o f t h i s l e g i s l a t i o n to g iv e ad ded r e c o g n itio n an d s t a t u s to a u n iq u e N a tio n a l netw o rk o f la n d s , we do n o t s u p p o rt 

a p ro p o s a l w hic h wou ld r e s u l t in d u p lic a tio n o f f u n c tio n , u n n e c e s s a r ily 

in c r e a s e F e d e ra l o p e r a tin g c o s t s , an d c o n f l i c t w it h c e r t a i n A d m in is tra tio n 

p o s i t i o n s . S p l i t t i n g th e F is h an d W ild lif e S e rv ic e i n t o two B u re a u s, 

w h il e c e r t a i n l y e le v a tin g th e o r g a n iz a tio n a l s t a t u s o f th e p r e s e n t 

D iv is io n o f W ild lif e R e fu g e s, w ou ld n e c e s s i t a t e e x te n s iv e d u p lic a tio n o f 

a d m in is tr a tiv e an d s u p p o rt s e r v ic e s as w e ll a s v a r io u s o th e r pro gra m
262

activities. One of the Service's m ajor programs is the managem ent and

protecti on of the migra tory bird resource. Many of our wildlife refuges

were acquired to further the manageme nt of this resource. This legi slation proposes spli ttin g the managemen t into two Bureaus which appears

to be unacceptable. Another example is endangered and threatened species

of fish and wi ldli fe are found both on and off National Wildlife Refuge

System lands, and programs designed to carry out the Endangered Species ,

Act of 1973 would have to be duplicate d in bot h Bureaus. In addition, 

certain prov isions in H.R. 15856 conflict wit h the Admini stration's 

propo sal related to Nati onal interest lands in Alaska under the Alaska 

Nati ve Claims Settlement Act.

Over and above these objections to H.R. 15856 is the fact that adequate 

authority prese ntly exists under the Fish and Wildlife Act of 1956 and 

the National Wildlife Refuge Syste m Adm inis tration Act to provide for 

the ad ministr atio n and management of lands in the System.

We are p roud of the progress that has been ma de over the past 10 years 

to preserve vital habitat for the Nation's fish and wildlife resources.

Since 1965, over 1.2 million acres have been added to the System. In 

1974 alone 93,000 acres were acqui red in fee or easement, for a total

«

of over 31 mil lion acres of land. Obviously, more than just acqu isition 

of land is necess ary if we are to assure the perpetuation of this

resource. Whil e the objectives of the p roposed National Wil dlife Refuge ♦
263

System Organi c Act are laudable in their reco gnition of the importance 

of habitat manageme nt, these objectives are already being reflecte d by 

increases in funds for refuge opera tion and mainte nanc e activiti es in 

FY 1975. Substant ial increases are b eing planne d for FY 1976 to continue 

an accelerated habitat manag emen t p rog ram as well as for a ncil lary 

programs.

•

Quest ion No. 5

Obviously, the U.S. Fish and Wil dlif e Service has drawn its support in 

the past primari ly from those who reli sh the chance to get away from it 

all and ha ve the means and opportun ity to enjoy fish and wi ldlife in 

rural and even wilderne ss environments. Histo rically, the ben efit s that 

the U.S. Fish and Wildlife Service has to offer have not been abun dantly 

availa ble to urban residents, particul arly the poor and the disadvantaged. 

Ob viously, a preponderance of the p opul atio n in this country knows very 

little about the U.S. Fish and Wi ldli fe Servic e and pr obab ly cares not to. 

The Service is just not relevant or important to a substantial part of 

our urban population.

How mi ght the U.S. Fish and Wildlif e Servic e become m ore responsi ve to 

the needs of these people?

«

Response

With regard to the historical role of the U.S. Fish and Wildlif e Service, 

it is true that we have been rurally, or no n-urban oriented. This is
only natural since most wildlife occurs in the rural or non-u rban environment. It is also true substantially because urban citizens have her eto ­

fore exhibi ted far less interest in wildlife than their rural counterparts 

In recent years the entire perspective on wi ldli fe resources has been 

changing to include the full spectrum of citizenry. We fully intend to 

accommodate the ne w interests of the urban people. However, funding and 

manpower restraints ma ke it unrealistic to expect that the Service will 

be able to maintain o perat iona l programs strictly for the benefit of 

urban people. The price of real estate in or near major metr opolitan 

areas makes future a cqui sition of mana geable tracts of wildlife habitat 

difficult. Presently, we have a number of such areas including San 

Francisco Bay N ational Wildlife Refuge, Tinicum National Environmental 

Center, Great Swamp National Wildlife Refuge, Parker River National 

Wildl ife Refuge, Long Island National Wildl ife Refuge, Sherburne Natio nal 

Wildlife Refuge, Back Bay National W ildl ife Refuge and Wyandot te National 

Wildlife Refuge. Acquisit ion of wi ldli fe habitat even in the most rural 

areas of the c ountry Is becoming increasingly difficult because of high

land costs. These circums tances lead me to conclude that a Service role

in involving urban people in wildlife matters which are not entirely

land-based will be mo re of inform ation and education.

By working throug h the medium of envir onme ntal education, an apprec iati on 

of wildlif e and its attend ant pleasu res can be offered to millions of 

urban people. Through the authorities of such laws as the National
265

Env iron m en ta l P o li cy A ct , i t i s p o ss ib le to "b ri n g f is h and w ild lif e to 

ev er y Am eri can ho me."

In Ju ly o f th is y ear a panel o f e x p e rts was convene d to lo ok in to th e 

com ple x m att er of envir onm en ta l e d u c a ti o n , i t s p o s s ib i l it i e s and i t s 

ra m ific a ti o n s . A re p o rt on th e p a n e l's fin d in g s i s due e a r ly in 

O ct ober .

Thi s p a st y ear th e Serv ic e up gr ad ed th e c a lib e r and sc op e of i t s p u b li c 

in fo rm ati o n pr og ram . As a r e s u l t , th e s t a f f w ill be in b e tt e r p o s itio n 

to a d v is e and in flu e n c e p o li c y d e c is io n s th a t more d ir e c tly a f f e c t 

peo ple and to acco mmodate th e ne ed s o f th e ur ba n c o n sti tu e n c y th ro ugh a 

r e v ita liz e d sy stem o f th e more tr a d i t io n a l a sp e c ts of in fo rm ati o n d i s ­

se m in ati o n ; i . e . , r a d io , te le v is io n , th e p r in t m ed ia , and g e n e ra l w il d ­

l i f e o rie n te d in fo rm a ti o n a l m a te ria ls .

The S erv ic e w ill move as d e c is iv e ly and on as br oa d a fto n t as i s f e a s ib le 

un de r e x is tin g le g i s l a ti v e a u th o rity and w it h in e x is ti n g econ om ic r e s t r a i n ts 

to b ri n g ex posu re to and aw ar en es s o f our w ild lif e re so u rc e s to ev er y 

c itiz e n , re g a rd le s s o f h is s o c ia l s ta tu s o r fin a n c ia l sta n d in g .

Enc lo se d i s a copy o f a re c e n tl y pr od uc ed p u b li c a ti o n o rie n te d p rim a ril y 

to th e urb an c itiz e n r y , " F if ty B ir ds o f Town and C ity ."

7

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Question No. 6

As we are all we ll aware, there has been considera ble controversy in 

the past wit h respect to who among the F ederal agencies shall have 

primary juri sdiction over five large wildli fe ranges in the West.

Included are the Kofa and Cabeza Prieta in Arizona, the Charles Sheldon

and Desert in Nevada, and Charles M. Russell in Montana.

The jurisdict ion of the Service over these areas is shared w ith the 

Bureau of Land Mana gement whi ch is respo nsible for handling certain 

grazing and mi ning entry matters. Unfortunately , the dual admi nist rati on 

of these areas has not proven sati sfactory in the past.

As I understand it, Undersecretar y Whitaker proposed earlier this year 

that primary jurisdict ion lie with the U.S. Fish and Wildlife, at least 

with respect to the Arizona ranges and the Desert Game Range. Do you 

agree with Undersec reta ry Whitaker?

What is the current status of the del iber atio ns and when m ight a final

decision be made?

Response

We agree with the positi on taken by Unde r Secret ary Whitaker in regard 

to jurisdiction on the Kofa and Cabeza Prieta Game Ranges; the Desert 

National Wildlif e Range has been under the jurisdiction of the Fi sh and

Wildlife Servic e for several years. We have taken necessary measures
267

to effect this change. Withdrawal requests were filed with the Bureau 

of Land Managemen t's State offices and public notification and hearings 

have been completed. Info rmati on obtained as a result of the hearing 

process is curren tly being eval uate d and we understan d that a final 

recomme ndat ion w ill be deve lope d b y the Bureau of Land Management in 

the near future and submitted to the Secretary. Dete rmin ations as to 

the man agem ent of Charles Sheldon and Charles M. Russell Ranges are 

still being deliberated in the D epartme nt at a level above the Service.

It is my position that whatever the man agin g agency, the wi ldlife and 

wild land s value s of these areas must have first conside rati on and the 

areas managed accordingly.

Questio n No. 7

In ref eren ce to the statements about the Dep artm ent becoming the "biological arm for fish and wil dli fe resources and the man agement and 

preserv atio n of essent ial habita t", could you explain how this will 

interface wi th NOAA's responsi bili ties in the c oastal and estua rine 

zone and in the mar ine environment?

Respo nse

The coastal and estuarine areas are of critical importance to the miss ions 

of the F ish and W ildlife Service. These areas support diverse and impo rtant wil dlif e populations. Many of the Na tiona l Wildl ife Refuges are

located in the coastal zone. The prod ucti ve food chains of m arin e and
268

estuarine environments are e ssent ial to the m aintenance of populations

of ma ny b irds.ma mma ls, reptiles and amphibians, includin g a number of

rare and endangered species. Certai n species of anadromous fish, for 

which our agency has responsibility, spend a por tion of their life

cycles in these areas. So we are concerned with u ndersta ndin g and

protect ing the total ecosyst em values of these areas.

At the same time, we recog nize NOAA's resp onsibilities for manageme nt of 

marine fisheries and certai n marine mammals, for coastal zone management,

for establishm ent of marin e and estuarine sanctuaries, and for research

on ocean poll utio n and other oceanic phenomena. We have been coop erating

actively with NOAA in a numb er of these programs. For example, we have

been assist ing NOA A in the formulation of its marin e sanctuaries program 

under Title III of the Marine Protection, Research, and Sanctuaries Act

of 1972. We have been wo rking coop erati vely in carry ing out provisions

of the Fish and Wildl ife Coor dination Act in coastal areas, including 

developme nt of joint posit ions on a number of important environmental 

issues. We also expect to be workin g closely with NO AA and the States 

to contribute information and input to the coastal zone manageme nt 

process as the developmen t of State coastal zone manag emen t programs 

proceed.

Our genera l objective is to assu re that our acti vities and those of NO AA 

wit h respect to protection of the coastal envi ronm ent are complementary
269

to th e e x te n t p o s s ib le . We re co g n iz e th a t th e re are some a re a s of ov erla p p in g i n te r e s t and ju r is d ic t io n , b u t b e li e v e th a t we a re ma kin g good 

p ro g re ss in c o o rd in a ti n g our e f f o r t s .

Q ues ti on No. 8

Could you pro vid e th e Re cor d w it h a f u l l e r st ate m en t e x p la in in g th e 

sc op e of th is pl an ne d exam in at io n of " t o t a l b io lo g ic a l sy ste m s" , w it h 

p a r tic u la r em ph as is upon any e f f o r t s in th e m ar in e en vi ro nm en t and 

c o a s ta l ec os ys te m ? How is i t c o o rd in ate d w it h NOAA and EPA?

Re spon se

The p rin c ip a l fo cu s fo r ou r exam in at io n o f t o ta l b i o lo g '; a l sy st em s w ill 

be in our newly e s ta b li s h e d B io lo g ic a l S erv ic es Pr og ram. The grow ing 

body of envir onm en ta l law s now re q u ir e s b io lo g ic a l ass ess m ents in g r e a te r 

dep th and much e a r l i e r in th e deci si on-m akin g p ro c e ss. In a d d it io n to 

th e Fis h and W il d li fe C oord in ati on A ct, th e N ati o n al Env ironm en ta l P o li cy 

A ct, th e Wate r Res ou rc es Developme nt Ac t and o th e r r e la te d laws a l l re q u ir e 

th e c o lle c tio n and e v alu a ti o n of b io lo g ic a l d a ta in a ti m ely man ne r. The 

B io lo g ic a l S erv ic es Pro gra m ha s been i n i t i a t e d to assu re e a r ly re c o g n itio n and p ro te c ti o n o f f is h and w ild lif e v a lu e s in la nd and w ate r d e v elopment d e c is io n s and a c ti o n s by m ars h all in g re so u rce s and s c i e n t i f i c 

c a p a b il ity to pro vid e f is h and w ild lif e in fo rm ati o n pr om pt ly to d e c is io n 

makers in re so u rc e de ve lo pm en t and c o n se rv a ti o n ag en cie s both w it h in and 

w it hout th e Dep artm en t o f th e I n t e r i o r .

43-977 0 - 75 - 18
270

In FY 1975 we are to initiate ecol ogical studies relating to the impact 

of coal and oil shale development; power plan t siting, design and ope ration; stream ch anne liza tion and other alterations; geothermal steam 

development; development and allocation of western water resources; and 

coastal ecosystems problems. Many of these activities are directly 

related to the accelerat ed program of energy resea rch and development 

under Pr oject Independence. We will also be initiating a National 

Wetla nds Inventory, conducting studies of biologica l indicators of envi ­

ronmental degrada tion whi ch can be used in develo pment of monitor ing 

programs, and wi ll be initiating an information transfer p rogram to make 

the i nform ation available to decision makers.

Our coastal ecos ystems program is still in the formative stage. However, 

we are giving Initial emphasis to studies of the coastal impact of accelerated Outer Cont inen tal Shelf oil and gas developme nt in areas such as 

the Gulf of Mexico, Southern California, the Gu lf of Alaska and the Mi dAtlantic Bight. We are workin g very closely with NOAA and other agencies 

concerned to design and conduct studies which w ill permit predict ion or 

detect ion of damage to marin e and c oasta l environm ents stemming from 

these developments. For the most part, NOAA's studies are being designed 

to empha size the offshore areas, with those of the Fish and Wildl ife 

Service focusing on the marshes, estuaries and inshore areas. There are 

also certa in d iffe renc es in subject matte r emphasis. For example, NOAA 

is resp onsib le for a ssess ing m arine fish populations and their
271

associated food chains, whereas we are asses sing the p opulati ons and 

food chain relationships of wat erfowl, seabirds and other coastal birds. 

The o veral l result we are striving for, however, is a comp lementary one 

through which the resources and capabilit ies of both agencies will be 

meshed to provide the best possi ble look at the total ecosystem.

In addition to NOAA and the Fish and Wildlife Service, EPA, the Geolog ical Survey, and the coastal States conce rned are participa nts in this 

effort, either as active study parti cipa nts or in an advi sory role.

They are all members of the Depa rtment of the Interior's Outer Con tin ental Shelf Research Mana gement Advi sory Board whi ch is advis ing the 

Bureau of Land M anagement on the type of enviro nmen tal data and assessments required in connection wit h its leasing program.

Question No. 9

Mr. Re ed ’s statem ent indicated that there have been differen ces with 

NOAA's Natio nal Marin e Fisheries Service regarding, and I quote, "areas 

that involv e commercial expl oita tion ." The Commerce Committe e was not 

aware of any lack of protection of marine mammal s or endange red species 

under NOAA's jurisdiction. Would you please explain this stat emen t at 

this time for the Record?

Response

The clarifi cati on y ou reques t involves perhap s more an issue of emphasis 

than of substance. It must be kept in mi nd that the Fish and Wildlife
272

Service and the National Marine Fisheries Service have different, and 

at times poten tially conflicting, missions. The mission of the Fish 

and Wil dlif e Service is to protect, conserve and enhance fish and 

wildlife r esour ces with a view toward esthetic and recreational values.

Consequently, decisions made by the Fish and Wildl ife Service are *

weigh ted accordingly. The Nationa l Ma rine Fisher ies Service must necessarily consid er the commercial implications of their actions and weight A

their decisi ons in that regard. In light of these varying missions, It 

woul d seem that total agreement between the two Services would be more 

cause for close questioning than a lack of total agreement, whic h is 

only to be expected. Reco gniti on of the fact that total agreement 

between the two Services is unlikely does not require the conclusio n that 

there are d iffe rences presen t to the extent that they might be cha racterized as serious disputes. It simp ly means that if issues w hic h are now 

in the hands of the National Marine Fisher ies Service were instead in 

the hands of the Fish and Wildlife Service, the resolution of those 

issues m ight be slightly different in reflectio n of the differi ng purposes 

of the two Services. This Service has no data whic h indicate that NOAA 

is not diligent in its efforts to protect mari ne mammals and e ndangered 

species, and we make no such allegations.

A

Question No. 10

Could you also provi de for the Record any documents spelling out agreements

between you and NOA A with regard to deline atio n of responsibilities under |

the En dange red Species Act and the Mari ne Mam mal Protection Act?
Re sponse

The En dang ered Specie s Act of 1973 did n o t d e li n e a te ag en cy r e s p o n s ib ility 

fo r sp e c ie s of f is h , w ild lif e or p la n ts . T h ere fo re , a fo rm al ag reem en t 

ha s be en si gned by both ag en cie s w it h re g ard to manageme nt and p ro te c ti o n 

of en da ng er ed and th re a te n e d sp e c ie s under th e A ct . A cop y of th a t 

ag reem en t i s en clo se d .

A fo rm al ag reem en t i s p re s e n tly bein g n e g o ti a te d w it h th e Dep artm en t of 

Commerce to in c re a se e ffic ie n c y in en fo rc em en t and o th e r r e la te d management a sp e c ts fo r th e m ar in e mammals un de r ea ch ag en c y 's j u r is d ic t io n as 

d e li n e a te d in th e Mari ne Mammal P ro te c ti o n Act of 19 72 . An in fo rm al 

c o o p era ti v e ag reem en t i s p re s e n tly in e f f e c t. Sin ce en ac tm en t of th e 

Marine Mammal P ro te c ti o n A ct, th e two ag en cie s have met on a re g u la r 

b a sis to c o o rd in a te a c t i v i t i e s un de r th e A ct . A ll re g u la ti o n s is su ed 

p u rs u an t to th e Act have be en c le a re d by ea ch ag en cy p r io r to is su an ce 

o f any pr op os ed ru le m ak in g in th e F ed era l R e g is te r.

Q ues ti on No. 11

By what s ta tu to r y a u th o rity i s th e FWS ex pe nd in g i t s " t r a d i t io n a l se rv ic e 

a c t i v i t i e s " as you sa y on page fo u r o f yo ur st ate m en t?

Re spon se

Fo r many y ears th e S erv ic e ha s be en en gaged in b io lo g ic a l f ie ld work in 

many re so u rc e de ve lopm en t a re a s in clu d in g e v a lu a ti n g th e e f f e c ts on f is h 

and w ild lif e of pow er pla nt s i t in g and c o n s tr u c ti o n , r iv e r d re d g in g ,
stre am a lt e r a t io n , c o a s ta l de ve lopm en t and th e lik e . As ex p la in ed in th e 

re sp onse to q u e sti o n e ig h t, th e grow ing body of envir onm en ta l laws now 

re q u ir e s b io lo g ic a l ass ess m ents on th e re c o rd , in d e p th , and e a rly in 

th e deci si on-m ak in g p ro c ess. In a d d it io n to th e Fis h and W il d li fe Co ord in a ti o n A ct, th e N ati o n al Env iron m en ta l P o li cy A ct, th e Wate r Res ou rc es 

Developme nt Ac t and o th e r re la te d la w s, a l l re q u ir e th e c o ll e c tio n and 

e v a lu a ti o n of b io lo g ic a l d a ta in a ti m ely man ne r. In o rd er to f u l f i l l 

i t s m is si on of p ro v id in g such b io lo g ic a l e v a lu a ti o n s , th e S erv ic e is 

e s ta b lis h in g v a rio u s e co sy ste m -r ela te d prog rams to an aly ze , a sse ss and 

e v a lu a te envir onm en ta l im pa ct s on a N ati o n al s c a le . Thi s prog ram 

re p re se n ts an ex pan si on of t r a d itio n a l S erv ic e a c t i v i t i e s in th a t e x is t ­

in g pr og rams ha ve be en re a li g n e d to be more re sp o n siv e to N ati o n al com mitm en ts . In o rd e r to ac co m pl is h t h is , th e Con gr es s ha s a u th o ri zed an 

in c re a se of $4.1 m il li o n and 124 p o s itio n s in FY 1975.

Q ues tion No. 12

At a tim e when a l l of us are co nc er ne d about th e ne ed to improve th e 

e ffic ie n c y of th e F ed era l Governm ent and to p re v en t o v erl ap p in g and 

c o n f li c tin g fu n c ti o n s o f Federa l a g en c ie s, how ca n th ese new " a c t i v it i e s " 

be j u s t i f i e d when we a lr ead y ha ve NOAA and EPA ch ar ge d w it h some of

th ese id e n tic a l fu n c ti o n s?
275

Response

We are not aware of any activity contem plat ed under this new pr ogram 

emphasis which will result in overlap or conflict with functions of

NOAA, EPA or any other Federa l agency. The n ew biological services

4

effort is a realignment and acce lera tion of exist ing programs designed 

to analyze, assess and evalu ate environ ment al impacts of resource 

developm ent activities on fish and wil dlife on a Nationa l scale. We

will be wo rking closely wi th NOAA, EPA and other Feder al agencies, State 

and local conservat ion agencies, public and private organiz atio ns to 

devel op and mak e available accurate, timely bi olog ical d ata so that 

resource developme nt agencies will have the informati on necessa ry on

which to base their de cisions. Coordin atio n wil l be maintained to

insure agains t actual d upli cati on of effort and to promote the transfer

of informat ion of interest to resource agencies.

Both EPA and NOA A as w ell as the Fish and Wildl ife Service m ay each 

review and comment on the impacts of a propose d developm ent project, 

analyze various areas of environm enta l concern, and compile data on a 

variety of envir onme ntal topics. The obje ctives and approach to a given 

envi ronm enta l matte r differ wi th the mis sion and respons ibil itie s of the 

C agency. The research and developm ent work of one agency ma y benefit or

be of use to the other agency. One agenc y may develop and provide environmental data to the other agen cy u nder contract or othe r a dmin istrative

9
276

arrangements. The biologic al services program wi ll neither impact the 

objectives of these agencies nor change their approach to en vironmental 

matters. However, the results of the Fish and Wil dlif e Service's new 

program emphas is very likely may ben efit EPA, NOA A and ot her agencies 

concerned w ith envi ronme ntal matter s by making accurate biologic al data 

available in a mo re timely manner which may be relevant to objectives 

and programs of these agencies.

t
MEMORANDUM OF UNDERSTANDING 

BETWEEN THE

U .S . FIS H AND WILDLIFE SERVICE 

UNITED STATES DEPARTMENT OF THE INTERIOR 

AND THE

NATIONAL MARINE FIS HE RIE S SERVICE 

NATIONAL OCEANIC AND ATMOSPHERIC ADMINISTRATION 

UNITED STATES DEPARTMENT OF COMMERCE 

REGARDING

JURISDICTIONAL RE SPON SIB ILITIE S AND LIST ING PROCEDURES 

UNDER THE ENDANGERED SPE CIE S ACT OF 19 73

WHEREAS, u n d e r th e E n d angere d S p e c ie s A ct o f 1 9 7 3 , (1 6 U .S .C . 

S J1 5 3 1 -4 3 ) ( th e " A c t" ) , th e S e c r e t a r y o f th e I n t e r i o r an d th e 

S e c r e ta r y o f Com merce s h a r e , among o t h e r t h i n g s , th e r e s p o n s ib i l i t y to d e te rm in e s p e c ie s o f fa u n a an d f l o r a t o b e e n d a n g e re d 

s p e c ie s an d th r e a te n e d s p e c i e s ;

WHEREAS, th e S e c r e ta r y o f th e I n t e r i o r an d th e S e c r e ta r y o f 

Comm erce h a v e d e le g a te d th o s e r e s p o n s i b i l i t i e s t o th e D i r e c t o r , 

U .S . F is h and W ild lif e S e r v ic e , an d th e D i r e c t o r , N a tio n a l M ari ne 

F i s h e r i e s S e r v ic e , r e s p e c t i v e l y ;

WHEREAS, th e R e o rg a n iz a tio n P la n No . 4 o f 1970, w h ic h u n d e r th e 

A c t, g o v e rn s th e r e s p o n s i b i l i t i e s o f e a c h S e c r e ta r y , d o es n o t 

a d e q u a te ly s e t f o r t h th o s e s p e c ie s o f fa u n a an d f l o r a u n d e r th e 

j u r i s d i c t i o n o f th e S e c r e ta r y o f th e I n t e r i o r and th o s e u n d e r 

th e j u r i s d i c t i o n o f th e S e c r e ta r y o f Co mmerce;
278

WHEREAS, the Director, U.S. Fish and Wildlife Service, and the 

Director, National Marine Fisheries Service, wish to establish 

procedures for the implementation of the Act and for the amendment of the United States Lists of Endangered Species and 

Threatened Species;

WHEREAS, the Director, U.S. Fish and Wildlife Service, and the

* y

Director, National Marine Fisheries Service, consider it 

desirable to define their respective jurisdictions with respect

to the Act;

NOW THEREFORE,, the Director, U.S. Fish and Wildlife Service, and 

the Director, National Marine Fisheries Service, hereby agree 

as follows with respect to their responsibilities for species 

of fauna subject to the Act and for the addition of species of 

fauna to the United States Lists of Endangered Species and 

Threatened Species, and for other revisions of those Lists:

1. (a) The Director, National Marine Fisheries Service, shall

have jurisdiction over and shall determine whether species in 

the following classes, orders, or groups of animals shall be

added to the lists of endangered species and threatened species *

or changed in status from threatened to endangered:

9
A ll sp e c ie s of th e o rd e r C eta cea; a l l sp e c ie s of th e 

o rd e r P in n ip e d ia , o th e r th a n w a lr u se s ; a l l co m n erc ia ll y 

h a rv e ste d sp e c ie s o f th e ph ylu m M oll usc a and th e 

c la s s C ru sta ce a whi ch sp en d a l l o f t h e i r lif e tim e s in e s tu a rin e 

w a te rs ; and a l l o th e r non ma mm alian sp e c ie s (e x cep t members of 

th e c la s s e s Ave s, Am ph ib ia, and R e p tl l ia ) , which e it h e r ( i) 

r e s id e th e m aj or p o rtio n o f t h e i r lif e tim e s in m ar in e w a te rs; 

o r ( i i ) a re sp e c ie s whi ch sp en d p a r t o f t h e i r lif e tim e s in 

e s tu a r in e w a te rs , i f th e m aj or p o rtio n o f th e re m ain in g tim e 

(th e tim e w hi ch i s n o t sp e n t in e s tu a r in e w a te rs) i s sp e n t in 

m ari ne w a te rs.

For th e p u rp o ses of t h is Memorandum of U n d ers ta n d in g : ( i ) 

"c o m m erc ia ll y h a rv e ste d s p e c ie s " i s d e fi n e d to mean sp e c ie s 

w hi ch a re co m m er ci al ly h a rv e ste d from th e e s tu a ry a t th e tim e 

t h i s Memorandum i s sig n e d ; and ( i i ) " l i s t s of en dan gere d 

s p e c ie s an d th re a te n e d s p e c ie s ” i s d e fin e d to mean th e 

endangere d sp e c ie s and th re a te n e d sp e c ie s l i s t e d p u rsu a n t to

s e c ti o n 4 of th e A ct.

(b ) The pro pose d d e te rm in a ti o n of th e D ir e c to r , N a ti o n a l 

M ar in e F is h e r ie s S e rv ic e , t h a t su ch a sp e c ie s sh o u ld be ad de d to 

th e 1 1 sts of endan gere d sp e c ie s an d th re a te n e d sp e c ie s o r 

ch an ge d in s t a tu s fro m th re a te n e d to endangere d, and th e c o r re s ­

pondin g pro pose d l i s t i n g by th e D ir e c to r , U. S. F is h and W il d li fe 

S e rv ic e , s h a l l be p u b li sh ed in a s in g le docume nt in th e F e d e ra l
280

R e g is te r , sig n ed by b o th D ir e c to r s . Comments on th e pro pose d 

l i s t i n g s h a l l be d ir e c te d to th e D ire c to r, N a ti o n a l M arine 

F is h e r ie s S e rv ic e , who s h a l l co nduct a l l a p p ro p ria te o r re q u ir e d 

s t a tu s re v ie w s, c o n s u lta tio n s , and n o t if i c a t io n s , and who may, 

in h is d is c r e tio n , h o ld an y a p p ro p ria te h e a rin g s . The f i n a l 

d e te rm in a ti o n o f th e D ire c to r, N a ti o n a l M ar in e F is h e r ie s S e rv ic e ,

t h a t su ch a sp e c ie s sh ould be ad de d to th e l i s t s o f en dan ger ed |

s p e c ie s o r th re a te n e d sp e c ie s or ch an ge d in s t a tu s fro m

th re a te n e d to en d angere d, and th e c o rr esp o n d in g l i s t i n g by th e

D ir e c to r , U.S . F is h and W il d lif e S e rv ic e , s h a l l be p u b li sh ed

in a s in g le do cume nt in th e F e d e ra l R e g is te r , sig n e d by b o th

D ir e c to r s .

(c ) Bo th D ire c to rs mus t j o i n t l y ag re e w heth er su ch a sp e c ie s 

s h a l l be rem oved from th e l i s t s of en dan ger ed s p e c ie s and 

th re a te n e d sp e c ie s o r ch an ge d in s ta tu s fro m endan gere d to

th re a te n e d .

(d ) The pro pose d a c tio n by th e D ire c to rs w it h r e s p e c t to 

w heth er su ch a sp e c ie s sh ould be rem oved fro m th e l i s t s of 

endan gere d sp e c ie s and th re a te n e d sp e c ie s o r ch an ge d in s ta tu s 

from en dan ger ed to th re a te n e d , and th e co rr esp o n d in g pro pose d 

r e v is io n of th o se l i s t s by th e D ir e c to r , U.S . F is h and W il d li fe 

S e rv ic e , s h a l l be p u b li sh e d in a s in g le do cume nt in th e 

F e d e ra l R e g is te r , sig n ed by b o th D ir e c to r s . Comments on th e 

pro pose d r e v is io n o f th o se l i s t s s h a l l be d ir e c te d to b o th
D ir e c to r s , u n le ss o th erw is e ag re ed in w r itin g by th e D ir e c to r s .

I f b o th D ire c to rs d e s ir e h e a rin g s on th e pr op os ed r e v is io n ,

J o i n t h e a rin g s s h a l l be h e ld , u n le s s o th erw is e agre ed in w ritin g 

by th e D ir e c to r s . The D ir e c to r , N a ti o n a l Marine F is h e r ie s 

S e rv ic e , s h a l l co nduct a l l a p p ro p ria te o r re q u ir e d s t a tu s re vie w s 

c o n s u lta tio n s , and n o t i f i c a t i o n s . The f i n a l a c ti o n by th e 

D ir e c to r s w it h re s p e c t to w h eth er su ch a sp e c ie s sh ould be 

rem oved from th e l i s t s of endan gere d and th re a te n e d sp e c ie s o r 

ch an ge d in s ta tu s from en dan gere d to th re a te n e d , and th e c o r re s ­

pondin g r e v is io n of th o se l i s t s by th e D ire c to r, D .S . F is h and 

W il d lif e S e rv ic e , s h a l l be p u b li s h e d In a s in g le do cu me nt i n th e 

F e d e ra l R e g is te r , sig n ed by b o th D ir e c to r s .

2. The D ir e c to r , U.S . F is h an d W il d lif e S e rv ic e , s h a l l ha ve 

j u r i s d i c t i o n o v er, and s h a l l d ete rm in e w heth er sp e c ie s in th e 

fo ll o w in g c la s s e s , o rd e rs , o r gro ups of an im als s h a l l be ad ded 

to o r rem oved fro m th e l i s t s o f endan gere d sp e c ie s and 

th re a te n e d sp e c ie s o r ch an ge d in s t a t u s fro m e ith e r c a te g o ry 

to th e o th e r , and s h a l l l i s t su ch s p e c ie s in h is d is c r e tio n .

A ll mem bers of th e c la s s e s Mammalia (e xcept mem bers of th e 

o rd e r C e ta ce a , and mem bers of th e o rd e r P in n ep ed ia , o th e r th an 

W alr u se s), Ave s, R e p tilia (e x c e p t m ari ne t u r tl e s of th e f a m ilie s 

C h elo n il d ae and D erm o ch eli d ae), A m ph ib ia , and a l l o th e r sp e c ie s 

(e x ce p t sp e c ie s of th e o rd e rs C e ta cea and P in n ip e d ia , o th e r th an 

W al ru se s) which e it h e r ( i ) sp en d th e m aj or p o rti o n of t h e i r 

lif e tim e s on la nd a n d /o r in f r e s h w a te r; o r ( i i ) a re sp e c ie s
282

whic h sp en d p a rt of t h e i r l if e tim e s in e s tu a r in e w a te rs , i f 

th e m aj or p o rtio n of th e re m ain in g tim e (th e ti m e whi ch i s not 

sp e n t in e s tu a rin e w a te rs) i s sp e n t on la n d a n d /o r in fre s h

w a te r,

3. (a ) The D ir e c to r , U .S . F is h and W il d li fe S e rv ic e , and th e

D ir e c to r , N a ti o n a l M ar in e F is h e r ie s S e rv ic e , s h a l l ha ve j o i n t

1

J u r i s d i c ti o n o v er, and s h a l l j o i n t l y dete rm in e w h eth er sp e c ie s 

o f fa una n o t s p e c if ic a lly a ssig n e d in p ara g ra p h s 1 and 2 above 

s h a l l be ad de d to o r rem oved from th e l i s t s of en dan gere d sp e c ie s 

an d th re a te n e d sp e c ie s or ch an ge d in s ta tu s fro m on e c ate g o ry 

to th e o th e r . In th e case of a d d it io n , re m oval, o r ch an ge in 

s t a t u s of on e o f" th e s e s p e c ie s , th e pro ced u re s e t f o r th in 

p a ra g ra p h 3(b ) s h a ll be fo ll o w ed w it h a l l of th e a p p ro p ria te 

a c tio n s to be done j o i n t l y , w it h th e con cu rr en ce of b o th 

D ir e c to r s , in c lu d in g an y n o tic e s of re v ie w , pro pose d d ete rm in ­

a ti o n s , n o t if i c a t io n s , h e a r in g s , c o n s u lta tio n s , r e c e ip t of 

comm ents, and f i n a l d e te rm in a ti o n s; p ro v id e d , t h a t , th e 

D ire c to rs may agre e in w r itin g th a t h e a rin g s and th e r e c e ip t 

o f commen ts may be th e r e s p o n s i b i li t y of e it h e r D ir e c to r .

(b ) The pro pose d j o i n t d e te rm in a ti o n by th e D ir e c to r ,

N a ti o n a l M ar in e F is h e r ie s S e rv ic e , and th e D ir e c to r , U.S . F is h

an d W il d lif e S e rv ic e , and th e co rr e sp o n d in g pro pose d r e v is io n f

o f th e l i s t s by th e D ir e c to r , U.S . F is h and W il d lif e S e rv ic e , 

s h a l l be p u b li sh ed in a s in g le do cume nt in th e F e d e ra l R e g is te r ,
sig n e d by b o th D ir e c to r s . Where both D ir e c to rs co ncu r in th e 

d e te rm in a ti o n th a t a f i n a l r e v is io n of th e l i s t s sh ould be made, 

th e f i n a l d e te rm in a ti o n by th e D ir e c to rs and th e co rr esp o n d in g 

f i n a l r e v is io n o f th e l i s t s by th e D ire c to r, U.S . F is h and 

W il d lif e S e rv ic e , s h a l l be p u b li sh ed in a s in g le docume nt in 

th e F e d e ra l R e g is te r , sig n ed by b o th D ire c to rs .

4 . F in a l a llo c a tio n o f r e s p o n s i b i li t ie s under th e End an ge re d 

S p e c ie s Ac t of 19 73 , w it h re s p e c t to m ar in e t u r t l e s o f th e 

f a m ilie s C h e lo n ii d ae and D er m och el id ae mus t be re so lv e d a t some 

f u tu r e ti m e. For t h i s re a so n , i t i s agre ed th a t u n t i l t h is 

p a r t i c u l a r is s u e i s r e s o lv e d , a l l a c ti o n s, re s p e c ti n g su ch 

t u r t l e s w i l l be u n d ert ak en j o i n t l y , usi n g th e same j o i n t a c tio n s , 

re q u ir e m e n ts , and p ro ced u re s c o n ta in ed in p ara g ra p h 3 (b ).

5 . In em erge nc y s i t u a t i o n s , r e g u la ti o n s pro m ulg at ed w it h re sp e c t 

to l i s t i n g p u rs u a n t to th e p ro v is io n s of s e c ti o n ( 4 ) ( f ) ( 2 ) ( B ) ( ii) 

o f th e Act s h a l l be u n d ert ak en u si n g th e j u r i s d i c t i o n a l a ssig n ­

m en ts and th e j o i n t p ro c e d u re s, to th e e x te n t a p p ro p ria te , 

d e sc rib e d i n p ara g ra p h s 1, 2 , 3 , and 4.

6. N e it h e r ag en cy w i l l u n i la t e r a ll y a c t on th e l i s t i n g of any 

p la n t sp e c ie s u n t i l th e j u r i s d i c t i o n a l is s u e , w it h r e s p e c t to 

p l a n t s , i s re so lv e d .
284

7. Each D ir e c to r a g re e s t h a t he and h is s t a f f w i l l, a t a l l 

s ta g e s , c o n su lt w it h and c o n sid e r th e reco m men da tio ns of th e 

o th e r D ir e c to r and h is s t a f f w it h re s p e c t to a l l a c ti o n s 

pr opose d to be ta k e n under th e a u th o r ity of th e Memorandum of 

U nders ta ndin g.

8. T his Memorandum of U nd ers ta n d in g has be en exec ute d in o rd e r 

to p erm it an o r d e rly , e f f i c i e n t a d m in is tra tio n of th e Ac t and 

sh ould n o t be c o n str u ed to gover n th e a c t i v i t i e s of e ith e r 

S e c re ta ry w it h r e s p e c t to any o th e r pr og ram ad m in is te re d by

them .

T h is Memorandum o f U nders ta n d in g w i l l become e f f e c tiv e when 

si g n ed by th e D ir e c to r , U .S . F is h and W il d lif e S e rv ic e , and th e 

D ire c to r, N a ti o n a l M ar in e F is h e r ie s S e rv ic e . E it h e r of th e 

afo re m en ti oned D ire c to rs may c an c el t h i s Memorandum of Un de rsta n d in g upo n t h i r t y da ys w r itte n n o ti c e to th e o th e r

D ire c to r.

AU6 2 £ 2 g

Dat e Dat e
285

FACT SHEET - - KANGAROOS

The D ep ar tm en t o f th e I n t e r i o r be came In v o lv ed In th e kan gar oo is s u e 

on Ja n u ary 23, 19 72 , when M rs. M ar ia n Newman, now a r e s e a rc h a s s i s t a n t 

f o r th e Fun d f o r A nim al s, fo rm a ll y re q u e s te d th e D ep ar tm en t to ad d 

s e v e r a l "k angaro os" to th e l i s t o f Enda nge re d F o re ig n F is h an d W ild life . 

Un der th e law th e n in e f f e c t , th e End an ger ed S p ecie s C o n serv ati o n Act o f 

19 69 , we wer e r e q u ire d to re vie w th e s t a tu s o f an y s p e c ie s o r su b sp e c ie s 

o f v e r te b r a te , m o ll u sk , o r c ru s ta c e a n w hi ch ap p eare d to be th re a te n e d 

w it h w orl d-w id e e x tin c tio n du e to a v a r ie ty o f re a so n s in c lu d in g

• Wk. O -.V M x. a. V..XCAJL W k J/W A. V JL il g u l p u o c a • • • • x o w x U w

a ls o ch ar ged us w it h th e r e s p o n s i b i li t y " . . . t o ta k e m ea su re s to p re v e n t 

an y f i s h o r w i l d l i f e fro m be co m in g th re a te n e d w it h e x t i n c t i o n . . . " .

A lt hough th e law d id n o t s p e c i f i c a l l y c o n s id e r mism an ag em en t, th e S en at e 

R ep o rt which ac co m pa ni ed th a t l e g i s l a t i o n p o in te d o u t, in r e fe re n c e to 

fo re ig n a n im a ls , th a t we wer e " . . . t o be a l e r t to in s ta n c e s o f g ro ss ’ 

mism anagem en t o f w i l d l i f e re s o u rc e s , so th a t we may c o r re c t th e s e -

d e f ic ie n c ie s b e fo re a giv en s p e c ie s re a c h e s th e a c tu a l p o in t of 

en d an g erm en t. . . " .

In re sp o n se to Mr s. Newman’s r e q u e s t, s p e c i a l i s t s in th e F is h an d W il d li fe 

S e rv ic e under to ok a re v ie w of th e d a ta a v a ila b le in an a tt e m p t to fin d o u t 

j u s t w ha t th e s i t u a t i o n was re g a rd in g th e s e a n im a ls . As r e q u ire d by la w ,

43-977 0 - 75 - 19
286

an d i n c o o p e ra ti o n w it h our D ep ar tm en t o f S t a te , th ey a ls o 's o u g h t 

th e vi ew s o f th e A u s tr a lia n Gov er nm en t.

On Decem ber 8, 19 72 , Mr. E a rl B a y sin g er, A s s is ta n t C h ie f o f ou r O ffi c e 

o f End an ge re d S p ecie s an d I n te r n a tio n a l A c t i v i t i e s , p re p a re d a re p o rt - 

su m m ar iz in g ou r f in d in g s . Among o th e r th in g s t h i s r e p o rt p o in te d o u t:

— t h a t th e r e d , th e e a s te r n g ra y , an d th e w e ste rn gra y

kangar oos (e x c e p t f o r th e su b sp e c ie s fo un d on th e 

is la n d o f Tas m an ia ) p ro b ab ly wer e n o t en dan ger ed In 

th e c l a s s i c a l s e n se — t h a t i s th ey a re n o t y e t so 

re duce d in nu mbe rs t h a t th ey a re on th e b rin k o f 

o b liv io n o3 i s th e c a s e w it h some o th e r endangere u 

• s p e c ie s l i k e th e b lu e w hal e o r th e wh oo ping c ra n e ;

— how ev er , i t wa s a p p a re n t th a t th ey a re v ery v u ln e ra b le 

an im als — d ro u g h t, th e h a b i t a t in whi ch th ey o c c u r an d 

o th e r c o n d itio n s make the m ver y ea sy p re y to g u n n ers ;

— th a t th e y a r e b e in g k i l l e d in ver y la r g e nu m be rs ;

— t h a t m os t o f t h i s k i l l i n g i s co m m er ci al in n a tu re an d 

th e r e fo r e th e re i s no s e l f - r e g u la ti n g me chnis m as sometim es i s th e case w it h anim als ta ken only fo r s p o r t p u rp o se s;

— t h a t no c o o rd in a te d , e f f e c t iv e means e i t h e r o f a s s e s s in g 

th e im pac t o f t h i s h a r v e s t on th e kan garo o p o p u la ti o n s o r 

o f r e g u la tin g i t was in e f f e c t;
287

That p ro p o sal g e n e ra te d a g r e a t d e a l o f I n t e r e s t an d comment fro m 

ou r c i tiz e n s an d th o se o f o th e r c o u n tr ie s .

D uri ng th e p e rio d t h i s p ro p o s a l was op en fo r p u b li c com ment, 

r e p r e s e n ta tiv e s o f th e U nit ed S ta te s an d over e ig h ty o th e r n a ti o n s met 

In W as hing ton an d n e g o tia te d a C onven tion on I n te r n a tio n a l T ra de In 

End an ge re d S p ecie s o f W ild Fa un a an d F lo ra . A u s tr a lia was on e o f th e 

f n a tio n s in v o lv ed in th e s e n e g o tia tio n s , an d s p e c i a l i s t s on h e r d e le ­

g a tio n we re a b le to d is c u s s th e kan gar oo s i t u a t i o n a t le n g th w it h 

D ep ar tm en t o f th e I n t e r i o r s t a f f .

A ll th e in fo rm a ti o n w hi ch ca ne to our a t t e n t i o n d u ri n g th e comm ent 

p e rio d was an aly zed and su m m ar iz ed In a se co nd r e p o rt d a te d A p ril 18 , 

which- p o in te d o u t th a t no d a ta w er e re c e iv e d whi ch r e fu te d o u r e a r l i e r 

c o n c lu s io n s and ag a in recom me nded th a t th e th re e co m m er ci al k an agaro os 

be p la c e d on o u r l i s t o f Enda nge re d F o re ig n F is h an d W ild lif e .

Ho we ver, bet w ee n th e tim e th e se co nd r e p o r t was p re p a re d an d b e fo re we 

had an o p p o rtu n it y to a c t , we re c e iv e d wo rd fro m A u s tr a lia t h a t th e r e was 

to be a h ig h - le v e l m eeti ng o f A u s tr a lia n S ta te an d F e d e ra l W ild life 

C o n serv ati o n o f f i c i a l s to a d d re ss th e kan gar oo pro ble m . S in ce th e m aj or 

th r e a t to th e se an im als a p p eare d to be th e la c k o f an e f f e c t iv e c o n s e rv a ti o n 

pro gra m , we d e fe rre d f u r th e r a c tio n u n t i l we co u ld le a r n th e ou tcom e o f

th e m ee ti ng in A u s tr a lia .

•
288

— an d th a t th e U. S. m ar ket p ro v id e d a s i g n if ic a n t

sti m u lu s to t h i s co m m er ci al h a r v e s t.

The r e p o rt recom mended t h a t we p u b lis h In th e F e d e ra l R e g is te r a p ro p o sa l

to ad d s e v e ra l f o re ig n a n im a ls — ?n ex ud in g th e th r e e co m m er ci al ly

u t i l i z e d k an g aro o s— th e re d , th e w e s te rn g ra y , an d th e e a s te r n g ra y — to our

l i s t o f Endan ge re d F o re ig n F is h an d W ild lif e . I t s tr e s s e d t h a t th e th r e a t

fa ced by th o se th r e e s p e c ie s — an d th e s e a re th e c o n tr o v e rs ia l o n es— stemm ed J

p rim a rily fro m a h eav y , co m m er ci al e x p lo ita tio n an d th a t th e re was no evid en ce 

o f an e f f e c t iv e , c o o rd in a te d , e n fo rc e d r e g u la tio n o f th a t e x p lo ita tio n which 

ap peare d s u f f i c i e n t to in s u re th e co n ti n u e d s u r v iv a l o f th o se a n im a ls . To 

th e c o n tr a ry , th e re was e v id en ce w hi ch in d ic a te d th a t no su ch r e g u la tio n was

in e f f e c t .

In view o f th is in fo rm a ti o n th e Ja n u ary 13, 19 73 , is s u e o f th e F e d e ra l R e g is te r

c a r r ie d o u r p ro p o sa l to ad d 14 an im als to th e l i s t o f End an ge re d F o re ig n F is h

an d W ild life an d s e v e ra l o th e rs to th e l i s t o f End an ge re d N a ti v e F is h and

W ild life . Among th o se pro pose d f o r th e fo re ig n l i s t were th e re d , th e e a s te rn

gra y an d th e w e s te rn gra y k .n g a ro o s . T his a c tio n was ac co m pa ni ed by a p re ss

r e le a s e to a l e r t th e p u b lic , th e in d u s tr y , an d o th e r i n t e r e s t e d p a r t i e s o f ou r

I n te n tio n s . S in ce p la c in g an an im al on t h a t l i s t wo uld hav e p r o h ib ite d th e

im p o rta ti o n o f th a t s p e c ie s o r an y p a r ts o r p ro d u cts fro m su ch an im als excep t

un de r p e rm it s w hic h we re is s u e d o n ly fo r v ery s p e c if ic p u rp o se s th e law r e ­

q u ir e d us to p ro v id e an o p p o r tu n ity . . . u s u a lly a t l e a s t 30 d a y s . . . f o r p u b li c

comment b e fo re ta k in g f i n a l a c t i o n . f
289

That m eeti ng to ok p la c e in May. Among th e re co m m en da tion s’ wh ic h r e s u lte d 

was on e whi ch wo uld e s t a b l is h an e f f e c t iv e , c o o rd in a te d F e d e r a l/S ta te 

k angaro o c o n s e rv a ti o n pr og ra m . We w er e a d v is e d th a t th e r e ap p eare d to be 

go od p ro s p e c ts f o r su ch a pr og ra m an d f e l t i t s ch an ce o f su c cess wo uld be 

im pro ved i f we d e fe rre d a c tio n on p la c in g th e kan garo os on ou r l i s t u n t i l 

th e A u s tr a lia n s ha d an o p p o rtu n it y to s o r t th e s e pr ob le m s o u t among 

th e m se lv e s.

At ab o u t th e sam e ti m e , Mr. M urph y, th e A u s tr a lia n M in is te r fo r Cus tom s 

an d E x c is e , re fu s e d to l i f t a lo n g -s ta n d in g b an on th e e x p o rt o f kan gar oo 

p ro d u c ts . A p p a re n tl y , th e re h as bee n a ban on th e e x p o rt o f su ch m a te ria l

many y e a r s , b u t ea ch y e a r th e gov er nm en t ha d s e t i t a s id e . Mr. M ur ph y' s 

co u ra geous a c tio n p ro v id ed a much g r e a te r deg re e o f p ro te c tio n to th e 

kang aro o th an wo uld hav e bee n p ro v id e d i f we had p la c e d the m on our l i s t .

H is a c tio n p ro h ib it e d th e e x p o rt o f kan gar oo p ro d u c ts . Ou r a c tio n si m ply 

wou ld hav e p re v e n te d Im port in to t h i s c o u n tr y — th e m ar ke t th ro u g h o u t th e 

r e s t o f th e w orl d wo uld hav e re m ain ed .

One h as to re c o g n iz e t h a t th e U n it ed S ta te s u n i l a t e r a l l y can n o t in s u re th e 

k a n g a ro o s' c o n ti n u e d s u r v iv a l— t h a t i s so m eth in g th a t ca n be accom pli shed 

o n ly by th e A u s tr a lia n p eople an d t h e i r govern m ents .

In vi ew o f th o se h appenin gs th e D ep ar tm en t an no un ce d ou r d e f e r r a l — an d I 

i t e r a t e th e wo rd " d e f e r r a l" —o f f u r t h e r a c tio n to w ar d p la c in g th e s e kangaro os 

on ou r l i s t o f End an ge re d F o re ig n F is h an d W ild life . We a ls o an no un ce d 

th a t we were r e s e rv in g ou r o p ti o n s to ta k e f u r th e r a c tio n i f th e e x p o rt ba n
290

w as’ l i f t e d , i f i t ap p eare d th e s ta tu s o f an y o f th e s e an im als was 

d e t e r i o r i a t i n g , o r i f i t d id n o t ap p ear th a t a c o n s e rv a ti o n pr og ra m 

wo uld m a te ria x iz e . In f a c t , we now a re gr ow in g in c r e a s in g ly co nce rn ed 

over wha t ap p ears to be a la c k o f a c tio n on th e p a r t o f th e A u s tr a lia n s

to im plem en t su ch a pr ogra m . *

As yo u p ro bably know, The P re s id e n t r e c e n tly sig n e d th e new End an ge re d

S p ecie s Act o f 1973 in to la w . T his l e g i s l a t i o n g iv e s us a d d itio n a l |

a u th o r ity to conserv e th re a te n e d o r endangere d s p e c ie s an d w i l l be 

a p p lic a b le to th e kan gar oo s i t u a t i o n . I t wou ld all o w u s, fo r I n s ta n c e , 

to re g u la te Im p o rt s o f a th re a te n e d s p e c ie s b e fo re t h a t s p e c ie s be comes 

t r u ly .

In l i g h t o f t h i s new a u th o r ity , I p la n to se nd a s p e c i a l i s t to A u s tr a lia 

In e a r ly 1974 to mee t w it h p ers o n s and o rg a n iz a tio n s in v o lv ed w it h th e 

kan garo o. Our f i n a l d e te rm in a ti o n on th e re d and gra y sp e c ie s w i l l b e

made so on a f t e r h i s r e tu r n .

You ca n be a s su re d th a t I ta k e my r e s p o n s i b i l i t i e s fo r th e c o n s e rv a ti o n o f 

en dan ger ed w i l d l i f e very s e r io u s ly . We’r e goin g to ta k e w hate ver a c tio n s 

a re a v a ila b le to us to in s u re th a t no s p e c ie s — in c lu d in g th e k an g aro o s— is

l o s t .

f
A ppe n d ix IV

Under Authority Previously Granted, the Following 

Communications Were Ordered Printed

The Waterways J ournal, Weekly,

Sf. Louis, Mo., August 2, 1974-

Hon. Thomas F. Eagleton,

Dirksen Sena te Office Building,

Washington, D.C.

Dear Senator Eagleton : We understand that the Senate has received the 

nomination of Mr. Lynn Adams Green walt to be the Director of the U.S. Fish 

and Wildlife Service.

Before Mr. Greenwalt is confirmed, we would greatly appreciate it if you, and 

the Senators who will consider his nomination, will make sure tha t Mr. Greenwalt understa nds the inte nt of Congress, as stated in the Natio nal Environmental Protection Act, to give an equal balance of consideration in public works and 

commerce to the welfare of man as well as fish and wildlife. In the past it has 

appeared to us that the personnel of the U.S. Bureau of Sports Fisheries and 

Wildlife have not considered this intent of Congress in some of their activities.

One action which has caused us the most concern are the ir attempts to stop 

dredging by the U.S. Army Corps of Engineers in navigation channel construction and maintenance in rivers and harbors, and also the work of priv ate contracto rs who supply the country with vital building mate rials, such as sand and 

gravel.

Regarding dredging, I would appreciate if you would point out to Mr. Greenwalt th at the Army Corps of Engineers is currently working on an in-depth study 

of dredging and dredge spoil disposition to determine jus t what, if any lasting 

effects, it has on the environment, including fish and wildlife. This study is being 

done at the Waterways Experiment Station at Vicksburg, Mississippi.

We would apprecia te it if you would also point out to Mr. Greenwalt tha t the 

actions of c ertain personnel in the U.S. Bureau of Sports Fisheries and Wildlife 

has halted, or a t leas t delayed, the construction of docks and terminals a t certain 

locations on the inland waterways, including St. Louis, and in ocean ports, although the welfare of the American i»eople demand that water-borne commerce 

has adequate and efficient ports and term inals to handle cargo that is yearly 

increasing in size.

Personnel of The U.S. Bureau of Sports Fish eries and Wildlife has even made 

it difficult to establish barge fleeting are as (equivalent to railroad switching 

yards) which are vital to the conduct or tran spo rtation of the inland waterways 

because, they say, the barges “displace” fish.

We respectfullj’ request tha t you pass our concerns on to Mr. Greenwalt, and 

to other members of the Senate who will be considering his nomination.

We greatly apprecia te the many favors you have done for us in the past and 

would be equally appreciative of any action you can take in rega rd to the above 

matter.

Respectfully,

J ames V. Swift, 

Business Manager.

Puyallup Tribe of Indians,

Medicine Creek Treaty Nation, 

Tacoma, Wash., Aug ust 21, 197j.

Mr. R. Kahler Martinson,

Regional Director, U.S. Fish and Wild life Service, Department of the Interior,

Portland, Oreg.

Dear Director Martinson: On July 25, Mr. L. Edw ard Perry forwarded an 

informational copy of y our 'Salmonid Hatchery Feasibility Study—South Puget 

Sound Area' to the Puyallup Tribal Council. Frankly, some aspects of it are as 

surp rising as its deficiencies a re disappointing.

There are several matters, including th e hatch ery study status, that we choose 

to discuss with you at this time. Perh aps some of these issues should also he tak en 

up at a meeting between the Puyallup Tribal Council, p erhaps with other Tribes 

represented, and yourself and your staff. An early meeting date would be 

prefe rred.

By separate letter we have sent you copy of a statement to the Bureau of 

Indian Affairs regarding pressing budget needs of the Puyallup Tribe for fisheries management activities and related purposes. We are interested in whether 

your office may have any funds which might be used to meet some of these program requirem ents. At this point, it is an inquiry of interest rather th an a direct 

request.
We unde rstand that your Regional Office is securing the approximate $690,000 

in appropriations secured through its add-on, or amended, budget request. A 

variety of agencies and offices have indicated that these funds will be split between your Fisheries Services Program and the Washington Departments of 

Fisheries and Game. If this be true, we are confused by it. Depa rtmental communications with us, and briefing papers, indicated that the Northwest Fisheries 

Program (Tumwater) had earlier th is ye ar requested $550,000 for its “case a rea” 

biological and technical services program, plus $140,000 for its Columbia River 

related activities.

At a meeting with Indian representa tives from a score of Tribes in Portland on 

May 1, you made reference to the case area amount (“about half-a-million-dollar 

increase”) before going on to sta te: “We are going to be advocating for the st ate 

to get money, too, but * * * th at ’s not part of the budget request we are making.” 

We seriously doubt tha t different Tribes would have urged OMB and Administration clearance for these funds, and congressional support for their appropriation, 

if tribal repre sentatives had known that your May 1 stateme nts were false. Were 

they? Have we again been misled in order that your Office might make good 

some commitment it has made to these State agencies? We know that the combined trib al needs for funding and assistance services have not diminished since 

May 1.

We recognize t ha t considerable amounts of federal funds have been used regularl y in support of State fisheries management, hatchery production, research, 

and other operations. Also, we are aware that the Northwest Fisheries Program 

has provided limited supplemental funding assistance to State activ ities on occasion. Federal assistance to the State and its agencies can appropriately serve 

legitimate needs. T hat would not be the basis for any of our objections.

Unilateral action by federal agencies to with draw effective services and support 

to Indian Tribes in favor of sponsoring a blind commitment to State priorities 

and plans seem inconsistent with the established federal obligations to Indian 

people—and is contrary to the objectives of th e Bold! Decision fo r bringing about 

improved cooperation and coordination between the governments of the Tribes 

themselves and the State. The increased managem ent responsibilities resting 

with the Tribes requires a larg er role in planning and budgeting processes, not 

that Indians be eliminated from those processes altogether.

If your Office is to function as an “advocate of fish resources.” as you have 

described its attitude, then surely you cannot refuse or fail to recognize the 

Tribes’ role and responsibilities as advocates, managers, and protectors of fish 

resources. Any attitude that Tribes are nothing more tha n anoth er “self-interested 

user group” is wholly unjustified. Any assumption that State agency positions 

are inherently valid and that tribal motives and views are naturally suspect 

abandons a posture of objectivity and advocacy, and plainly disregards existing 

relationships to the fish resources.

We question the appropriatenes s of dividing up the $690,000 Boldt Implementation funds with State Fisheries and Game, if the identified needs of plaintiff 

Indian Tribes are neither addressed nor met. The 1973 Inter-Agency Agreement 

between your Office and the BIA, under which $250,000 was contracted to your 

Bureau from BIA FY-1974 funds, provided for “assistance to the Indian tribes 

in the protection and development of the ir fishery resources and to ass ist the 

BIA and the Interior Solicitor and the Justice Depa rtment in defending the 

Indians’ treaty fishing righ ts.” Obviously, the request and justificatio n for the 

$690,000 add-on budget were developed un der the terms of tha t contract.

By Jan uary 9, 1973, the U.S. Attorney’s Office had outlined the services it expected from your Bureau under the contract, specifically detailing the need to 

identify and develop a post-trial federal commitment for meeting trib al technical assistance needs. Noting tha t “the currently very low level of the assets of 

most of the plaintiff tribes requires an extensive, continuing provision of technical services to the plain tiff tribe s,” the U.S. attorney emphasized that “post-trial 

assistance” should “terminate only if a trib e is capable of obtaining such expert 

assistance.”

After the March 29, 1974, Inte rior departmental briefings in Washington. D.C., 

where funding needs were outlined for Boldt implementation needs, the Deputy 

Assistant Secretary for Fish and Wildlife and Parks, Mr. Curtis Bohlen, wrote 

us on April 26 and declared : “The policy of this Department is to a ssist the tribe s 

in any way possible in the management and harvest of trib al fish and wildlife 

resources. * • * we are planning to expand our capability to assist the Puget 

Sound tribes in qualifying for self-regulation of anadromous fish harvests at offreservation locations.”
295

It seemed fur the r force was given to the direction and promises, expressed to 

us and other Indian representatives by Departmen tal and agency officials, by the 

April 12 congressional decla ration of policy included in the Indian Financing Act 

of 1974, st at in g:

“It is hereby declared to be th e policy of Congress * * * to help develop and 

utilize Indian resources, both physical and human, to a point where the 

Indians will fully exercise responsibility for the utilization and management 

of their own resources and where they will enjoy a sta ndard of living 

from the ir own productive efforts comparable to tha t enjoyed by non-Indians 

> in neighboring communities.”

Recent discussions with the Washington congressional delegation in D.C. indicated the ir solid support for tha t policy and its application to the consistent effect 

of the Boldt Decision. Their commitment to the people involved and to the fish 

resources uniformly followed the declared principles t ha t (1) the Decision should 

y not be subverted, but should be implemented for the good of a ll ; (2) there should

be no congressional attempt to override the Boldt ruling at the expense of Indians 

in favor of non-Indians; and (3) there should be increased trib al-Sta te communications, coordination and cooperation in various facets of management and 

increased production of fish resources in order tha t all needs and inte rests could 

be met and served. In sum, more fish and less fighting.

We know of no Tribe which has opposed these attitudes and various policy 

statements. We are aware, however, of growing Indian concern over contradictions and adverse actions developing in federal circles and in the increasing 

subordination of federal decisions to State designs.

The questions of hatch ery construction, operations, funding, and policies—and 

the nature of your South Budget Sound Area feasibility study—presents an 

excellent example which points out crucial problems.

The engineering studies and cost estim ates can be useful, and most assuredly 

would have been useful in a complete feasibility study which we, and the 

several other Tribes also requesting it, had expected would be done. Nowhere 

do we find any general or specific state ments of need or justification, nor any 

inclusion of information furnished by the Tribes relating to current or projected 

future fisheries and management plans. We would expect that these and other 

considerations would themselves be examined in making a determination of 

feasibility.

Rather than simply permitting the State agencies to write in their own positions and conclusions for this partial study—and those conclusions att rac tin g 

the major force for consideration in the absence of crucial justify ing materi als 

and stateme nts showing Indian and general need for the proposed project—the ir 

positions also ought to be examined before making a final sta tem ent on feasibility. 

How valid are their stated positions? Are they valid and of sufficient oppositional 

merit to justify both non-feasibility and defea t of the proposal? Does a feasib ility 

| study stop with the ir assertion that there should be no additional hatchery

management agency in the area , or does it proceed to examine why they have 

insisted upon a dual and divided system of fish management themselves? How 

well have they managed hatchery and stocking operations in the study area? 

What findings lead to what conclusions in examining such considerations in 

» developing a final form judgm ent on feasibility?

9 We are not suggesting inclusion of voluminous extraneo us matter, but only

a fair chance for actual feasibility to be demonstrated or denied. Some considerations cited by the State agencies are of sub stan tial concern to ourselves as well. 

The “population density barrier” question, and tlie impact of artificial plants on 

natural run stocks, were, in fact, issues that the Puyallup Tribe raised in the 

Game Department’s civil lawsuit again st the Tribe in Puyallup Remand II I when 

retu rned from the U.S. Supreme Court. They are issues we shall be carry ing 

in U.S. v. Washington. Phase II. The Game Departmen t has been p lanting steelhead on the Puyallup River for some years, progressively incre asing the numbers 

planted with a resultant progressively decreasing return of both natural run and 

hatchery reared adults. The a nswer to the issue is not that the Game Department 

shou'd continue its programs without examination, and tha t there should be no 

federal Indian hatch ery in tlie area, but there should be determination of what 

the problems are and what are the most appropriate solutions.

That Departm ent’s assertion that they can readily supply all smolts needed in 

the are a stan ds in contradiction io o ther Pu get Sound Marine Wa ter area studies 

which state future hatchery needs, the present efforts to secure $7.4 million for 

increasing production capacity of all existing federal and sta te hatcheries in 

Washington, as well as previous efforts by Fisheries and Game to secure Nisqually
296

Indian Community approval for establishment of both hatch ery and rearing 

facilities on the Nisqually River.

The Indian Tribes of this area are cognizant of the excellent repo rts previously 

issued out of the Tumw ater Indian Fisheries Services office. Both Indian people 

and the citizenry of W ashington should be greatly appreciative of th e lead taken 

by tliat office in moving for dram atic changes in public policy regarding the 

effects of improper logging operations upon fish resources. The cooperative 

efforts of that Office and the Quinault Tribe in addressing the problem and 

acting and reporting on it preceded general recognition of the need to do something about it in all areas by nearly a decade. The impetus came from the 

Quinault projects and the staunch support of U.S. Representative Jul ia Butler 

Hansen in insisting that the efforts be federally funded. Thus, we are gravely 

disappointed that your •‘feasibility stud y” in the present instance is so fa r below 

file q ua’ity and standards we had come to expect from your Bureau.

We do believe that the hatchery engineering inform ation supplied in the 

study could be the base for a finalized feasibility study and ma ste rplan consistent 

with the objectives of the Indian Tribes of the study area. The time loss in being 

able to proceed now to seek supportive federal, private, foundation, or other 

investment funds for developing the desired facilities is probably the major 

harm of not having been provided a complete feasibility study and implementation plan.

The Puyallup Tribe will be addressing the other affected Tribes, the Medicine 

Creek Treaty Council, and the Indian Fisheries Commission, about the prospects 

of our proceeding jointly, in cooperation with the Northwest Fisheries Program 

office and other resources, for completing the study and a final plan. That would, 

of course, require some sources of funding. We believe it would constitute, 

another reason why yon should hold tightly onto your $090,000 add-on funds—at 

least until the extent of such needs are presented and you are able to meet with 

all the concerned Tribes.

We sincere’y hope that you are responsive to our expression of concerns as 

presented in this letter. However, since various of the issues of policy and plans 

are determined in other decision-making areas as well, we consider it necessary 

to communicate these and related concerns to additional parties and officials. 

Insofar as the functions of your Office and Programs are involved, we shall 

send you copies of our related correspondence or complaints.

We shall sincerely appreciate your every consideration in these matters, and 

look forward to an early response.

Respectfully yours,

R am on a Ben n ett,

Chairwoman, Puyallup Tribal Council.

H a n k Adam s,

Puyallup Fisheries Management Coordinating Consultant.

T h e F un d for An im a l s,

Washington, D.C., September 18, 7.974.

Mr. .Terry Durkin,

Mr. Mike Brownlee,

Immigration and Naturalization Building, f

Washington, D.C.

Dear Mr. Durkin and Brownlee : I enjoy talking with you and appreciate 

your considering some serious problems at Inte rior that might be appropriate 

to question Mr. Lynn Greenwalt about at his forthcoming confirmation hearings.

Probably the gravest problem at the present time is that concerning the 

threaten ed grizzly bear population of the lower 48 states, a situation for which 

Mr. Greenwalt must take a great deal of the responsibility.

I have enclosed the Interior Department’s la test grizzly report, which clearly 

states that the bear is threate ned with extinction in the lower 48 state s. Also 

enclosed is some additional background inform ation which may be helpful.*

Despite the fact tha t Interior has determined tha t the grizzly is threatened, 

neither Interior nor the U.S. Forest Service is lifting a finger to stop this y ear ’s 

hunting season, which takes place for the most part on Federal, Forest Service 

lands. In fact, according to Forest Service Chief John McGuire, Mr. Greenwalt

Information referred to was retained to committee files.
has not even advised the For est Service to close or curtail the season at their 

recent meeting on the subject.

In Wyoming, the season began on 10 Septe mber; in Montana, two areas opened 

on 15 Septem ber; the other 15 hunting areas open on 20 October. Two of the 

latte r areas are within the Yelowstone ecosystem. Montana has issued 910 

grizzly bear hunting licenses this year, which is about the number of grizzlies 

estimated to remain in the entire lower 48 state s. Since this may be the last 

hunting season these bears, the increased hunting inte rest—the las t chance to 

get a grizzly “troph y”—could help push the species over the brink. Yet, Interior 

has not yet moved to add the grizzly to its list of endangered and threa tened 

species.

In fact, the Interior Departm ent’s whole endangered species program is at a 

standstill. In Jan uar y, 1973, Interior Secretary Rogers Morton announced that 

the thre e large species of kangaroo were “thre aten ed with worldwide extinction ” 

(sta tem ent enclosed), yet no action has been taken to list these animals.

In Jan uary, 1974, the green and loggerhead turtles were proposed for the endangered list, yet they have not been listed.

The Office of Endangered Species has recommended that over 60 species of 

mollusks and crustaceans be proposed for the list, but this lias not been done.

Several critically endangered cats, which appe ar on the list of the Convention 

on International T rade in Endangered Species of Flora and Fauna, do not appe ar 

on our endangered species list. This group includes the folowing species : the 

extremely rare clouded leopard (ncofilis nebuloxa), which has been placed in the most endangered category by Grea t Britain and the State of New York 

(through its Mason Act). Even the Internatio nal Fu r Trade Federation has recommended a ban on its exploitation because of its scarcity. Another cat denied 

protection is the marbled cat (Felix marmo ratu ), a beau tifully pattern ed Asian cat which Interior admits “has always been regarded as rare” (“Status Report 

on Cats of the World,” by I)r. John Parad iso, Office of Endangered Species). 

Other threaten ed cats not added to the list and mentioned in this study inclu de: 

the lriomote Jungle Cat (Mayailu rus iriomntus) of the Ryukyu Islands (“Ley- hausen states tha t the population is certainly below 300 anima ls at the moment 

and in dire need of complete and efficient protection”) ; the Andem cat (Felix jacobita), of South America (“ It is apparently much rarer and has a more limited 

range than the pampas cat, and thus may be more vulnerable” ) ; Temminck’s 

cat (Felix temmincki) of Southeast Asia; the black footed cat (Felix nigripex) of the African desert (“rare and reduced in rang e” ) ; the leopard cat (Felix bengalcnsix) of Asia; the flat headed cat (Felix planiceps) of Asia; and the jaguarund i (Felix yagouaroundi) of South America and the southwestern U.S.

None of these cats has been added to the endangered list, even though they 

are all listed in the most endangered category by the Intern ational Convention, 

agreed to by the U.S. and over 80 other nations in April. 1973 in Washington.

Nor has Interior taken action to protect such rare species as the Glacier Bear 

(only about 500 remain in Alaska and Canad a), the Indian Elephant, the chimpanzee, and other anim als which are rapidly becoming threaten ed with extinction.

I coulld go on and on. but I am sure you get the po in t: Interior is simply not 

fulfilling its responsibilities under the law to protect rare and endangered species. 

Before confirming Mr. Greenwalt as Director of the U.S. Fish and Wildlife Service. I hope th at you will e xtr act from him a commitment to rectify this situation.

Please let me know if you have any questions or would like additional info rmation.

Thanks agains for your interest.

Sincerely yours.

Le w is R eg ex steix .
Q

?r. f
EXECUTIVE SESSION

TU ESD AY, OC TO BE R 1, 19 74

The Committee on Interior and Insular Affairs met in open markup 

session on October 1. 1974, at 10 a.in. in room 3110 Dirksen Senate. 

Office Building to consider bills pending and other matters pending 

on the agenda. 'I'hosc present were: Senator Bible, presiding; Senator 

Metcalf; Senator Johnston; Senator Haskell; Senator Church; 

Senator Ahourezk; Senator Metzenhaum; Senator Fan nin; and 

Senator Bartlett.

1 he first matter discussed by the committee was the nomination by 

the President of Lynn A. Greenwalt to he Director of U.S. Fish and 

Wildlife Service. Senator Metcalf stated that he had chaired the hearings on this nomination, and while there had been no executive session 

on the nominee s financial statement, he had examined it carefully and 

was satisfied that there was no conflict of interest. Senator Metcalf 

moved that the nomination of Mr. Greenwalt lx* favorably reported 

to the Senate and Senator Fannin seconded the motion.

There being no objection, the nomination of Lynn A. Greenwalt to 

he Director of the I ,S. Fish and Wildlife Service was unanimously 

reported to the Senate.

(299)

O