"If the laws or regulations of the country of origin, the country been violated." The regulations define foreign documentation as: "(a) Official permits or other documents showing legal taking, possession, transportation, and sale issued by an appropriate agency or official of the country of origin, and where applicable from the country of export; ..." 50 CFR 14.42." Interior has pointed out to us that the requesting of documents is discretionary and therefore does not have to be implemented. We urge that the bill under consideration include language that the owner, importer or consignee shall be required to produce foreign documentation showing that the laws of the country of origin and the country or countries of re-export have not been violated. This would not be a new departure. It would bring the Lacey Act in line with Section 527 of the Tariff Act of 1930, which requires that certain wildlife imports be accompanied by a certificate showing their legality. The Lacey Act covers the subject of inhumane shipment of wildlife making it "unlawful", according to 18 USC 42 (c), "for any person, including any importer, knowingly to cause or permit any wildlife to be transported to the United States under inhumane or unhealthful conditions..." 18 USC 42 (c) (2) states "the presence ... of a substantial ratio of dead, crippled, diseased or starving wild animals shall be deemed prima facie evidence of the violation of this sub ... section." Similar to the import provisions of the Lacey Act, the IPPL has sought in vain for years to obtain enforcement of the Act's humane provisions. Violation of these provisions constitute a virtual chamber of horrors. On Dec. 12, 1974, two siamangs were shipped to Los Angeles by Christopher Wee of the Singapore Pet Farm on Pan American Airlines. Both arrived dead. According to the recipient, they were frozen to death. On July 1, 1974, six otters were shipped on Fan Am from Bangkok to Los Angeles. On arrival four were dead evidently from thirst. On May 11, 1973, eight gibbons were shipped from Vientiane to Clovis, New Mexico. Two arrived dead from freezing. On March 25, 1973, a shipment of sixty baboons was sent from Dakar to Detroit. The carriers were Air France and United Airlines. Eighteen were alive on arrival in Detroit. From a handwritten notation on the Import Declaration (Form 3-177), it appears that only eleven arrived alive at the final destination, Ferndale, Michigan. On August 12, 1970, two gibbons were shipped from Bangkok to the Herpetological Research and Exchange at San Carlos, Califormis. According to the invoice from the Bangkok Wildlife Company, Ltd., which was attached to the Form 3-177, the gibbons were shipped in snake crates. This meant that the animals almost certainly did not receive food or water since the handlers would have expected the crates to contain snakes. However, probably even worse, a gibbor never lies down. Thus the animals were encased in an unnatural position. This alone, taking into account the high intelligence of gibrons, which belong to the ane family, must have meant that the animals underwent extreme mental and physical torture. The reason for the lack of enforcement of the humane provisions of the Lacey Act and the resultant cruelty, according to Treasury and Interior, which are jointly charged with their enforcement, is that the courts in the few cases brought to trial have found that a "substantial ratio" of the animals were not dead or crippled etc. In short, the law floundered on the definition of "substantial ratio". To correct this deficiency we urge that the bill under discussion amend Part 42 (c) (2) of Title 18 of the USC so that the lack of a substantial effort to ship the animal in a humane manner by providing sufficient space, ventilation, food and water shall be deemed prima facie evidence of violation. I have here a newspaper clipping regarding a shipment of monkeys.. from Indonesia in September in which 625 were shipped and over twothirds perished. They were so tightly packed that many of them screamed until their throats swelled and halted their breathing. Others died directly from suffocation, their eyes were bulging from their sockets and they had bitten off their tongues. The shipment was made by the Soviet Airlines flying to Sweden. I give this simply as an example that inhumane shipments are continuing. In summary, we urge that the fine under the strict liability clause of the bill under discussion be raised from $500 to at least $1000. This is necessary to deter violation in a period when the profits from the smuggling of wildlife are increasing rapidly. An additional need to hold down the ille al importation of wildlife is to make it mandatory that the omer, importer or consignee produce foreign documentation showing that the laws of the country of origin and the country or countries of re-export have not been violated. Thirdly, we request that 18USC(c)(2), which covers inhumane shipments under the Lacey Act, be amended to read that "lack of a substantial effort to ship the animal in a humane manner by providing sufficient space, ventilation, food and water shall be deemed prima facie evidence of violation." I thank the Chairman and the members of the committee for the opportunity to testify in this important matter. I will be glad to answer any questions. Department of Justice STATEMENT OF JAMES W. MOORMAN ASSISTANT ATTORNEY GENERAL LAND AND NATURAL RESOURCES DIVISION BEFORE THE COMMITTEE ON ENVIRONMENT AND PUBLIC WORKS UNITED STATES SENATE CONCERNING S. 1882, "TO AMEND THE BLACK BASS AND LACEY ACTS" ON NOVEMBER 6, 1979 |