Didn't you say something in your statement about it currently being tested in the courts? Mr. GOTTSCHALK. Yes. Senator CHAFEE. All right. Mr. GOTTSCHALK. I would be glad to give those citations to the staff, if you would like to have them. Senator CHAFEE. If you could, that would be helpful. Thank you very much, Mr. Gottschalk. We appreciate as always your taking the trouble to come here. Keep up the good work. Mr. GOTTSCHALK. Thank you. Senator CHAFEE. Now, ladies and gentlemen, that concludes our hearing today. [Whereupon, at 12:05 p.m., the committee recessed to reconvene subject to the call of the Chair.] [Statements submitted for the record and the bill, S. 1882, follow:] STATEMENT OF LYNN A. GREENWALT, DIRECTOR OF THE U.S. FISH It is a pleasure to be here today to testify on Senate Bill 1882. This legislation to amend the Lacey and Black Bass Acts has the full support of the Administration and was referred to by the President in his Environmental Message on August 2nd. Mr. Chairman, history is replete with examples of wild animals exterminated by commercial exploitation: --Steller's Sea Cow, West Indian Monk Seal, Great Auk, Sea Mink, and Passenger Pigeon to name just a few. Habitat modifications resulting from advance of civilization and settlement, improved transportation systems, and inadequate protection and/or no enforcement have a way of devastating fish and wildlife populations. The enormous flocks of wild pigeons which once darkened the skies of the Upper Mississippi Valley, New York, and southern New England had already begun to decrease by the middle of the last century. In 1857 a select committee of the Ohio State Senate made these comments on a bill to protect the Passenger Pigeon: "The passenger pigeon needs no protecton. Wonder- In one 40-day period in 1869, nearly 12 million pigeons were sent to market from Hartford, Michigan. The last wild pigeon was shot near Detroit on September 14, 1908, and the last Passenger Pigeon in captivity died in the Cincinnati Zoological Garden on September 1, 1914. By the 1890's it was clear that market hunting had to be brought under control. Individual States could not protect their wild species alone because of the interstate traffic in wild meats and wildlife products. If a State set hunting seasons, bag limits and made it illegal to sell wildlife, hunters would simply poach the animals and transport them into a neighboring State for sale. State laws did not cover the wildlife killed in another State. In addition, many States did not prevent the sale of wildlife. Federal action was the only solution to outlaw interstate traffic in wildlife illegally killed in their State of origin. Congressman John F. of Iowa authored the Lacey Act of 1900 to stop illegal market hunting. In testifying on his proposal he stated: Lacey "This bill is directed against the pothunter. When you take away his market you destroy his occupation. Take The basic concept of the Lacey Act was to prohibit interstate commerce in wildlife illegally taken, possessed, transported or sold under State law. That Act was expanded to include foreign commerce in 1935, because of concern by Congress that U.S. citizens were involved in illegal marketing of foreign wildlife. The Lacey Act has been an effective weapon to control profiteering in the wildlife resources of the world. It has been hailed by all the States in our country and most of the nations of the world, including both wildlife producing and consuming countries. The reason this statute has been so effective over the years has been because it was amended to keep pace with changing illegal commercial practices. It was last amended ten years ago to expand its scope and increase penalties. Since then, times have changed rapidly and it must be amended again to cope with the expanding illegal commercial inroads into the diminishing wildlife resources of the world. Mr. Chairman, the problem is that world commerce in wildlife is an enormous business. In 1978 importations into the United States alone amounted to over 13.1 million animal hides and skins, 368,000 live birds, 2 1/2 million live reptiles and amphibians, 152,000 game trophies, 260 million tropical fish, and 187 million individual products manufactured from wildlife. These figures are particularly staggering when you realize that they include only declared and documented shipments which are ostensively legal. The sheer volume of these shipments makes adequate inspection by our limited number of enforcement officers working closely with U.S. Customs officers impossible. Smuggled wildlife, of course, is not declared and therefore not included in these figures. The exact extent of illegal traffic is unknown, but based on actual seizures and intelligence we believe it may run as high as 10-25 percent of total wildlife shipments depending on the species involved. |