Wild Bird Conservation Act
Final Rule Summary
November 1999
The Final Rule implementing the Wild Bird Conservation Act (WBCA)
of 1992 permits importation of wild-caught birds meeting certain criteria for
sustainable use of wild bird populations.
This marks the first time in a regulation that the Fish and
Wildlife Service has defined sustainable use of a species subject to importation
into the United States. This Final Rule also effectively lifts WBCA import
restrictions for bird species meeting the sustainable use criteria. Publication
of the Final Rule pertaining to the approval of overseas breeding facilities is
all that remains to complete the implementation of all WBCA regulations.
The Wild Bird Conservation Act was unanimously passed by
Congress and signed into law October 23, 1992. It limits imports of exotic bird
species to ensure that their populations are not harmed by international trade.
It also encourages wild bird conservation programs in the countries of origin by
ensuring that trade in such species involving the United States is both
biologically sustainable and of benefit to the species. Previous Final Rules
implementing the Act provided requirements for obtaining permits, established an
Approved List of Captive-Bred Species and, with a few exceptions, prohibited
imports of all birds listed by the Convention on International Trade in
Endangered Species (CITES), an international trade conservation treaty.
Unlike other regulations, this Final Rule lifts a restriction
rather than imposing a new one. The Service notes that results of the Wild Bird
Conservation Act are already visible in the decline of wild bird imports coming
into the country.
The WBCA Final Rule allows the importation of wild-caught birds
into the United States when the Fish and Wildlife Service determines that such
importation is:
1) Biologically
sustainable.
2) Non-detrimental to
species survival in the wild, and
3) That CITES is being
implemented effectively in the countries from which the birds are exported. This
aspect of the Final Rule lifts prior WBCA import restrictions, which curtailed
the importation of all CITES-listed, wild-caught birds. It provides
opportunities for importation of wild-caught birds meeting sustainable use
criteria.
The Final Rule implements procedures establishing criteria that
would enable wild-caught bird species to be included on the list of birds
approved for importation to the United States. Wild-caught birds on this
Approved List could be imported without a WBCA permit if they came from a
country that had developed a scientifically based management plan for
sustainable use of the species.
Publication of this Final Rule will allow exporting countries to
submit applications to the Fish and Wildlife Service for the approval of their
sustainable use management plans. The Final Rule defines sustainable use as
"the use of a species in a manner and at a level such that populations of
the species are maintained at biologically viable levels for the long term and
involves a determination of the productive capacity of the species and its
ecosystem, in order to ensure that utilization does not exceed those capacities
or the ability of the population to reproduce, maintain itself and perform its
role or function in its ecosystem."
The Fish and Wildlife Service received approximately 1,500
comments from bird breeders, animal welfare organizations, scientific
organizations and other groups, which were considered as part of the development
of the Final Rule. The Final Rule was released in the January 24, 1996 issue of
the Federal Register.
INTERNATIONAL AFFAIRS
OFFICE OF MANAGEMENT AUTHORITY
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Arlington, VA 22203
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U.S. Fish and Wildlife Service
www.fws.gov
