prove. And I think the rather relative innocent parties, you have to depend-I would think Interior, who would be enforcing this law, would look upon the difference of a professional importer and somebody who buys something inadvertently. Although I just sort of doubt it. I just cannot picture somebody walking into a pet shop and buying something, and an agent running up and fining him $500. I just do not think those things are going to happen. Mr. OBERSTAR. The gentleman from New Jersey. Mr. OBERSTAR. Thank you very much. Mr. HEYMANN. Thank you, Mr. Chairman. Mr. OBERSTAR. For a very helpful presentation. [The following was received for the record:] COMMENTS FROM DICK VAN HOORN, EDITOR OF DE TELEGRAFF (A LEADING AMSTERDAM DAILY) WHO OBSERVED THE SHIPMENT AT AMSTERDAM AIRPORT On 8 September, a shipment of several hundred monkeys (Java macaques) coming from Jakarta, Indonesia, with destination Stockholm, Sweden, was held up for some hours at Amsterdam Airport, while in transit. A controller of the Fauna Division of the Ministry of Culture inspected the cargo. He found there was a very strange smell around the monkey's wooden cages, and he ordered that 2 cages be opened. What he saw was awful. In one cage were 15 macaques, nearly all wounded and in the other cage were 11 animals, of which 7 were dead. They had obviously been killed by lack of fresh air, their eyes were blowing out of their sockets, and they had bitten off their own tongues. The controller inspected the other cages with a lamp and found still more dead and injured monkeys The final destination of the monkeys was: the State Bacteriological Institute of Sweden, Stockholm, Sweden. PARTIAL LIST OF GIBBON IMPORTATION TO THE UNITED STATES FROM SINGAPORE 1973-74 (INCLUDING SIAMANGS) January 9, 1973: 3 Siamangs from Koh to International Animal Exchange, Ferndale, Michigan, USA. Airway Bill Pan Am 026–3131-7241. January 10, 1973: 4 Gibbons from Koh to International Animal Exchange, AWB Pan Am 026-3131-6950. January 11, 1973: 2 Siamangs from Koh to Pet Farm, Miami, AWB British Airways 061-0771-2110. January 18, 1973: 4 Gibbons from Koh to Pet Farm. AWB British Airways 0610771-2294. January 18, 1973: 6 Siamangs from Koh to Pet Farm, AWB Brit. Airways 0610771-2294. January 25, 1973: 3 Siamangs from Koh to Bronson, New York. AWB Pan Am 026 3131-7241. January 30, 1973: 2 Gibbons from Singapore Pet Farm to International Animal Exchange. AWB Pan Am 026-2081-7613. February 3, 1973: 2 Siamangs from Koh to Bronson. Pan Am 026-3137-7213. February 3, 1973: 2 Gibbons from Koh to Bronson. Pan Am 026-3131-7266. February 6, 1973: 2 Siamangs from Mohileff (Singapore) to Mohileff (USA) AWB Japanese (JAL) 131-3669-0916. February 6, 1973: 2 Gibbons from Mohileff to Mohileff. JAL 131–3669-0916. May 5, 1973: 5 Siamangs from Koh to International Animal Exchange. Pan Am 026-3132-0654. May 5, 1973: 4 Siamangs from Koh to Bronson. Pan Am 026-3132-0645. May 26, 1973: 2 Gibbons from Koh to International Animal Exchange Pan Am 026-3132-0612. May 26, 1973: 1 Siamang from Koh to International Animal Exchange Pan Am 026-3132-0612. June 9, 1973: 3 Gibbons from Koh to International Animal Exchange Pan Am 026-3132-0656. June 10, 1973: 2 Gibbons from Koh to Bronson. Pan Am 026-3132-0671. June 20, 1973: 2 Siamangs from Koh to Bronson. Pan Am 026-3132-0671. July 12, 1973: 6 Siamangs from Koh to Pet Farm. British 061-1129-7344. August 14, 1973: 3 Gibbons from Koh to International Animal Exchange, Pan Am 026-3131-0752. August 28, 1973: 4 Siamangs from Koh to Frank Thomson, Bradenton, Florida British 061-1426-6346. September 27, 1973: 8 Siamangs from Koh to Thomson. British 061-1426-9231. May 5, 1974: 6 Siamangs. Koh to Novo Corp. (San Francisco). Philippines 0795101-3804. June 27, 1974: 3 Siamangs. Koh to Thomson. Pan Am 026-3144-7544. July 7, 1974: 3 Gibbons. Koh to Thomson. Pan Am 026-3144-7544. July 10, 1974: 7 Siamangs. Koh to Thomson. Philippines 079-5107-0585. July 12, 1974: 2 Gibbons. Singapore Pet Farm to International Animal Exchange. Pan Am 026-4116-5073. August 9, 1974: 6 Gibbons. Koh to International Animal Exchange. Pan Am 0263144-7511. August 27, 1974: 4 Gibbons. Koh to Thomson. Phil. 079-5101-8682. August 30, 1974: 6 Gibbons. Koh to Casa de Pets, Los Angeles. Pan Am 026-31447625. September 5, 1974: 2 Siamangs. Singapore Pet Farm to Dr. John Petrulli. Pan Am 026-4116-5154. September 8, 1974: 1 Gibbon. Singapore Pet Farm to International Animal Exchange. Pan Am 026-4116-5110. October 23, 1974: 3 Gibbons. Koh to Thomson. Phil. 079-5107-3282. SHIPMENTS LEARNED OF FROM OTHER SOURCES December 12, 1974: 2 Siamangs. Singapore Pet Farm to Mr. William Singer (Los Angeles). Both dead on arrival. Carrier; Pan Am. March 6, 1975: 2 Siamangs. Mohileff to Audubon Park Zoo, New Orleans (JAL 131-3916-2675). Shipments sent to the U.S.A. from Singapore, with a stopover in Canada are not reported; however, several shipments of gibbons and siamangs are known to have been made to the Ark Animal Exchange, Van Kleek Hill, Canada. One shipment labelled as "Monkeys" on the Airway Bill was correctly identified as Siamangs by the U.S. Customs. It is not known to what extent mislabelling occurs. Information on export of gibbons and siamangs from Singapore to Europe, Japan, etc. is not easily available. Ms. NORMA MOSES, INTERNATIONAL PRIMATE PROTECTION LEAGUE, House Subcommittee on Fisheries and Wildlife, DEAR MS. MOSES: There is enclosed for the record a copy of an IPPI letter of September 17, 1975, with enclosures, which concerns the case of the California researcher cited in para 2, page 2, of my statement to the House Sub-Committee on Fisheries and Wildlife on October 17, 1979, regarding the bill for the revision of the Lacey Act. I would also like to make comments and provide information in response to some of the concerns expressed by members of the Sub-Committee. Under the strict liability clause of the Endangered Species Act minor violations, which in practice have been in regard to tourists, have been handled with a minimum of complaint. If there is no evidence of intention, the wildlife has been confiscated and no fine imposed. Tourist purchases constitute a considerable drain on wildlife. They provide the great bulk of income for the curios and wildlife markets, which in turn are a major incentive for poaching. Strict liability provisions in wildlife laws do not constitute any new departure. Virtually all U.S. wildlife laws contain such provisions, often for criminal prosecution. Because of the difficulty in enforcing these laws, strict liability has been necessary. There has been no evidence of misuse of strict liability by government authorities. Nearly all State wildlife laws have strict liability clauses, often for criminal violation. The same is true of Federal wildlife laws. Before 1969 the Lacey Act had a strict liability for criminal prosecution-$500 fine or 6 months imprisonment. The Migratory Bird Treaty Act, the Migratory Bird Conservation Act, the Black Bass Act, the National Wildlife Refuge Systems Administration Act, the Migratory Bird Hunting Stamps Act (Duck Stamp Act) and the Airborne Hunting Act all have strict liability for criminal prosecution. The Eagle Act and the Marine Mammal Act have strict liability for assessment of civil penalties, with fines up to $5000 for the former and $10,000 for the latter. I appreciate the opportunity to submit this additional information. HENRY L. HEYMANN, Washington Representative. DEPARTMENT OF ANTHROPOLOGY, Mr. CLARK R. BAVIN, UNIVERSITY OF CALIFORNIA, Davis, Calif., September 17, 1975. Chief, Division of Law Enforcement, U.S. Fish and Wildlife Service, DEAR MR. BAVIN: This letter is to assist you in the investigation of the 31 December 1973 and 16 January 1974 shipments of gibbons from Thailand via Canada to the Comparative Oncology Laboratory, School of Veterinary Medicine, University of California at Davis. Special Agent Scott Pearson, Sacramento Bureau, U.S. Fish and Wildlife Service, informed me that the case has been reopened. As described below, it is our opinion that there is sufficient evidence of violation of the Lacey Act [18 USC 43 (c) and (d)] to warrant such action. The reference to "the exercise of due care" in Section 43(c) indicates that certain persons at the University of California at Davis had the duty to know whether or not their actions were lawful and, in our opinion, may have acted in violation of this duty. I am enclosing a letter dated 30 May 1975 from Mr. Suthee Natvaratat, DirectorGeneral of the Department of Foreign Trade of the Thai Ministry of Commerce, stating: "Regarding the two shipments of gibbons in question, we have found no evidence of our issuing the export permits to Pimjai Birds and Wild Animals" (the exporter of the gibbons from Thailand). As stated by Mr. Suthee, he is investigating the matter, and I am confident that he would appreciate your cooperation in this investigation. He has already provided me, at the request of the National Research Council of Thailand (letter no. 14450), with the table of "Statistics of Gibbon Export" for the period June 1973 to June 1974. Dr. Shirley McGreal, who shares the chairmanship of the International Primate Protection League (IPPL) with me, certified the table in Bangkok. You will note that the table, copies of which are enclosed both in English and Thai, does not include any shipment for either 31 December 1973 or 16 January 1974. As you know, the only "permits" for export from Thailand which accompanied the two shipments of gibbons to the University of California at Davis were two veterinary health certificates allegedly from the Thai Department of Livestock Development of the Ministry of Agriculture, copies of which the IPPL has already furnished you. There is on file at Don Muang Airport, Bangkok, a health certificate issued to Pimjai on 31 December 1973 for 80 mynah birds. The copy of this certificate that reached the University of California at Davis had ten gibbons added to it. It appears that the second health certificate, dated 16 January 1974, is of doubtful origin. It does not follow the form used by the Department of Livestock Development and the appropriate Thai officials were unable to find anything corresponding to it in Bangkok. You should be able to verify this information on the so-called "export certificates" by contacting Dr. Chamlong Bhuchongsmutta, Director, Disease Control Division, Department of Livestock Development, Ministry of Agriculture, Bangkok, Thailand. In our opinion, the UC Davis people were well aware of the protected status of the gibbons they imported. First, in 1972 they imported gibbons from Singapore, which is known by wildlife importers and others as a transshipment point for wildlife smuggled out of other countries. Additionally, any scientist dealing with gibbons should know that Singapore has not had a native gibbon population in recent history. Secondly, Dr. Thomas Kawakami of the UC Davis Comparative Oncology Laboratory was in Thailand on several occasions. This can probably be verified by checking travel authorizations at NIH and GAO. While in Thailand, Dr. Kawakami worked with the gibbon colony at the SEATO Medical Research Laboratory (SMRL), where he should have learned of the protected status of the animals. The attached correspondence of 27 February 1973 and 28 March 1973 between Lt. Col. Winter and Admiral Samrit Jatinandana indicates that the SMRL had to make a special effort to secure a permit from the Department of Foreign Trade, which was not cleared with the Forest Department, to ship 11 gibbons to UC Davis in 1973. However, the enclosed copy of a letter dated 21 July 1975 from Mr. Preecha Songkrohphan, Secretary to the Department of Foreign Trade, states: "An export license for gib |