(c) Section 6(a) of the Black Bass Act (46 Stat. 846), as amended (16 U.S.C. 852d(a)) is amended by changing the words "Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of this Act" in the first sentence thereof to read as follows:

"The provisions of this section and any regulations issued thereunder shall be enforced by personnel of the Department of the Interior and the Secretary may utilize by agreement with or without reimbursement personnel and facilities of other Federal agencies, and such personnel".

SEC. 7. (a) Section 1 of the Act of October 15, 1966 (80 Stat. 926), is amended by adding a new subsection at the end thereof to read as follows:

"(d) For the purpose of sections 1 through 3 of this Act, the term 'fish and wildlife' means any wild mammal, fish, wild bird, amphibian, reptile, mollusk, or crustacean.'

(b) Section 2(d) of the Act of October 15, 1966 (80 Stat. 926), is amended by adding a new sentence at the end thereof to read as follows:

"The Secretary is authorized to acquire by purchase, donation, exchange, or otherwise any privately owned land, water, or interests therein, within the boundaries of any area administered by him, to conserve, protect, restore or propagate any selected species of native fish and wildlife that are threatened with extinction without regard to any limitation on appropriations applicable to such area under any other provision of law and each such acquisition shall be administered in accordance with the provisions of law applicable to such area."

PURPOSE OF THE LEGISLATION

The purpose of H.R. 11618 is twofold.

First, in order to assist on an international level in the preservation of threatened species, this legislation would prohibit-except for zoological, educational, and scientific purposes-the importation of any species of wild mammal, fish, wild bird, amphibian, reptile, mollusk, or crustacean or parts thereof that are threatened with extinction.

Second, in order to assist the States in stopping or reducing illegal traffic in certain protected animals, this legislation would make it unlawful for anyone to knowingly put into interstate or foreign commerce any amphibian, reptile, mollusk, or crustacean or parts thereof taken contrary to any Federal, State, or foreign laws or regulations. Present law extends this protection only to wild mammals or wild birds or parts thereof.

LEGISLATIVE BACKGROUND

On February 27, 1967, Congressman Dingell introduced H.R. 6138. Subsequently, Congressman Lennon introduced an identical bill, H.R. 11618, the legislation hereby reported by your committee. Congressman Ottinger introduced a substantially similar bill, H.R.

8693.

The Subcommittee on Fisheries and Wildlife Conservation held hearings on the legislation on October 4, 1967. Your committee was impressed by the wide range of witnesses presenting testimony at the hearings, all of whom were in support of the legislation. There were no unfavorable departmental reports filed on the legislation, and all amendments recommended by the departments were adopted by your committee.

In addition, the bill, as reported, includes three amendments recommended by your committee, which will be discussed hereinafter in the section-by-section analysis of the bill.

Your committee was unanimous in recommending the passage of H.R. 11618, as amended.

BACKGROUND AND NEED FOR THE LEGISLATION

Section 43 of the Criminal Code (18 U.S.C. 43) provides for seizure and forfeiture of any legally protected wild mammal or bird, or parts thereof imported into the United States contrary to the laws or regulations of the foreign country where it was illegally taken. The objective of section 1 of the bill is to increase this protection by making it unlawful to import into the United States any endangered species of fish and wildlife, except for zoological, scientific, or educational

purposes.

Many species of animals are endangered because they are in demand for novelty uses, or because their skins provide specialty or decorative wearing apparel. The hides of spotted cats and zebras are in demand. as luxury apparel and status symbols. Many species of rare and beautiful tropical fish have been dangerously reduced in numbers to supply an ever-increasing market for aquaria fish. Poaching to supply these markets is a lucrative enterprise in Asia and Africa. As the demand and price increase, the animals become rarer and rarer until they either become extinct or, like the sea otter, so scarce that it does not pay to hunt them. The developing countries with only limited resources have not been successful in stopping this traffic.

Under section 1 of the bill, the Secretary of the Interior must first determine, through consultation with the affected foreign country, and, when appropriate, with the International Union for the Conservation of Nature and Natural Resources, that an animal's existence is endangered before he lists it in the Federal Register as an endangered species.

The list must be carefully drawn together with the advice and assistance of scientific organizations and specialists in the fields of, but not limited to, zoology, ornithology, herpetology and ichthyology. It is fortunate that the groundwork has been laid through the efforts of the various governments, through the efforts of the International Union for Conservation of Nature and Natural Resources and, through the efforts of the Organization of American States.

The main lists of the world's rare and endangered wildlife compiled by the International Union for Conservation of Nature and Natural Resources includes about 250 mammals and more than 300 birds. Among the species listed are such well-known animals as the mountain gorilla, the orangutan, the chinchilla, the Formosan black bear, many species of the cat family, the Ceylon elephant, the mountain zebra, the Central American tapir, several species of rhinoceros, the pygmy hippopotamus, a number of the members of the deer family, the mountain nyala, the western giant eland, the tamarau, the monkey-eating eagle of the Philippines, the Spanish imperial eagle, a number of the rare pheasants, several of the cranes, pigeons and parrots, and many species of wild songbirds.

In excess of 80 international flights arrive daily at the John F. Kennedy Airport, the leading U.S. port of entry for live wildlife. Most of these flights carry wildlife although not every day. During the period June 26-September 11, 1967, the Department of the Interior witness stated at the hearings that 334 declarations for the importation of live wildlife were filed with the Bureau of Customs officials. Among about 830,000 wildlife individuals reported during that period were about 20,000 birds, 790,000 fish, nearly 4,000 pri

mates, 6,000 reptiles and amphibians, along with fewer numbers of larger animals. He further stated that among the number of endangered species imported through the Kennedy Airport during the past few months have been six timber wolf pups, two black apes, two Galapagos tortoises, five orangutans, and two solenodons.

Other leading ports of entry designated for live wildlife are the international airports at Los Angeles, San Francisco, Seattle, New Orleans, Chicago, and Miami.

Section 43 of the Criminal Code (18 U.S.C. 43) also makes it unlawful for anyone knowingly to put into interstate or foreign commerce any wild mammal or bird, or parts thereof, which have been taken, captured, possessed, or transported contrary to any Federal, State, or foreign laws or regulations. Reptiles, amphibians, mollusks, and crustaceans taken in violation of such laws or regulations and entered into interstate commerce or foreign commerce are not now covered by this section. Section 2 of the bill would extend this protection to all of these species.

State laws and regulations have not been effective in affording protection to some of the species-namely, the alligator.

An excellent illustration of the magnitude of this illegal traffic is contained in the following statement given at the hearings by Dr. Stanley A. Cain, Assistant Secretary for Fish and Wildlife and Parks, Department of the Interior. He obtained this information from a national park ranger while in the Florida Everglades in October of 1967:

One of the park rangers who is the main enforcement officer in a critical area of the park says that his and other people's estimates are that there are about 1,000 poachers active in southern Florida. With drainage and the shrinking of wetlands the alligators are concentrated more and more, and are easier and easier to capture.

It is possible for a poacher to make as much as $100 in one night's foraging for these skins because raw skins are now bringing $6 a linear foot. Several of these poachers are said to make $400 and $500 a week when they are at this illegal business. The total market for these skins in Miami, the illegal market, is in excess of $1 million. I am quoting these data from this ranger.

The protection service provided by the National Park and by the State game agents is entirely inadequate to significantly check this illegal traffic so that we are getting at the critical point when we are hurting them in the pocketbook.

Dr. Cain further stated that more law-enforcement officials are needed but they could not alone entirely resolve this problem. He said:

I think if we had more officials it would help to check this process, but the real problem I believe is the economic problem. If there are means of curbing the market for the sale of such products *** you get at the profit. Until very recently, well, for centuries, people have lived in the Gulf States and alligators were never threatened. It is only recently when the alligator hides have been used for fashion purposes

that the commerce has gone up, and it is the dollar profit
that is threatening the species.

Dr. Cain's statement was supported by testimony offered at the hearings by Dr. Theodore H. Reed, Director, National Zoological Park. He stated that

*

The United States is the most lucrative market for birds, monkeys, furs, hides, and other animals and animal products. Too often our dollars are the reward sought by the poachers and smugglers. * * It is unfortunately true that the temptation of dollars encourages lawbreaking and at times leads to the corruption of officials responsible for wildlife law enforcement.

When such large rewards are available, it is profitable to evade the law, and smuggling becomes a major problem.

The case of the orangutan is relevant. This gravely endangered species survives only in Sumatra and Borneo, where it is under full legal protection. The temptation to disregard these laws was great, however. A smuggler would buy illegally taken orangutans in Sumatra for as little as $5. They could be sold to zoos for $3,000 or more.

Until a few years ago, most orangutans bought by zoos had illegal origins. Zoo buyers could close their eyes to this, because they bought from dealers who in turn bought from other dealers. Zoos did not know where the animals came from or how these animals began their journeys.

In this case, zoos took the initiative in suppressing the illegal trade. Recognizing that zoo purchases could add to the danger of extinction, our American zoos, in 1962, resolved that we would no longer purchase orangutans without evidence of legal origins.

A number of conservation organizations have long urged the enactment of legislation to protect the alligator. Some of those on record in favor of legislation to prohibit interstate commerce in alligators and their hides taken in violation of State laws are the National Wildlife Federation, Wildlife Management Institute, and the Southeastern Association of Game and Fish Commissioners, which is composed of the directors of the State fish and game departments of 15 Southern and Southeastern States.

The 1940 Convention on Nature Protection and Wildlife Preservation in the Western Hemisphere attaches special urgency to all endangered species. The United States ratified this convention in 1941. Many of the signatories of the convention have officially declared to the Organization of American States that certain of their species are in danger of becoming extinct. Enactment of the legislation is another medium for implementation of this convention.

The Endangered Species Act (Public Law 89-669), which implements three treaties on animal protection, provides the basis for a comprehensive program for the preservation of native species of fish and wildlife in the United States that are threatened with extinction.

Your committee is of the opinion that in order to protect effectively such threatened species additional legislation is needed such as that envisioned by H.R. 11618. Passage of this legislation would enable the United States to participate in a worldwide effort to extend pro

tection and assistance to all endangered species. Your committee is most hopeful that with the enactment of this legislation other nations will follow our lead and enact and enforce stricter laws prohibiting the taking of endangered species.

SECTION-BY-SECTION ANALYSIS

There follows a section-by-section summary of H.R. 11618, as amended, accompanied by discussion where appropriate.

After giving careful consideration to the testimony presented at the hearings and the views expressed by the departments, your committee amended the legislation to include all amendments suggested by the departments as well as three additional amendments recommended by the committee. This was accomplished by striking out all after the enacting clause of the bill and substituting new language to the following effect:

SECTION 1

Subsection (a) would prohibit the importation into the United States, its territories or possessions, or the Commonwealth of Puerto Rico, of endangered species of fish or wildlife or parts thereof. The Secretary of the Interior would be charged with making the determination as to which species are threatened with extinction. He would make this determination after consulting with the foreign country from which the species are exported, and when appropriate with the International Union for the Conservation of Nature and Natural Resources. The Secretary would be required to publish in the Federal Register the names of the various fish or wildlife which he finds to be endangered.

This subsection is identical to subsection (a) of the bill, as introduced, except for two changes suggested by the Department of the Interior. The changes are designed to clarify the criteria to be followed by the Secretary in declaring animals endangered.

Subsection (b) would authorize the Secretary to permit some importation of endangered species of fish or wildlife for zoological, educational, and scientific purposes.

Subsection (c) would authorize the Secretary of the Interior to prohibit imports of endangered species of fish or wildlife and the parts thereof into any port in the United States, except at those ports as may be designated by the Secretary of the Interior, with the approval of the Secretary of the Treasury, as ports of entry for vessels or aircraft. This subsection contains new language and is one of the amendments recommended by your committee. The purpose of this amendment is to reduce the cost of the legislation and to facilitate enforcement by limiting ports of entry. Although the witness from the Department of the Interior stated that in his opinion ports of entry could be designated under the regulations authorized to be issued by the Secretary, your committee deems it desirable to remove any doubt. Therefore, language was added to specifically provide the Secretary with such authority.

Subsection (d) would require the Secretary of the Interior to issue such regulations as he would deem necessary in carrying out the purpose of this section. The Secretary of the Treasury would be charged with the responsibility of enforcing such regulations and the foregoing provisions of this section.