July 17, 2003
Mr. Chairman, thank you for this opportunity to testify regarding the
linkage between wildlife trade and the risks to human health and domestic
wildlife and the laws and regulations that now govern the importation of exotic
wildlife. I am Marshall Jones, Deputy
Director of the U.S. Fish and Wildlife Service (Service). The Service is the principal Federal agency
responsible for enforcing U.S. wildlife protection laws and treaties, including
those that regulate international wildlife trade.
The importation of exotic species was for many years viewed
by the Service in the context of possible threats to U.S. wildlife resources
through such species being becoming invasive, as with zebra mussels or snakehead
fish, or by introducing new diseases among wildlife populations. Recent events demonstrate clearly they can
also represent a threat to human health. The Service has broad authority to
inspect all wildlife imports. Through
this, and other authority, we will actively assist those Federal agencies that
have the expertise and authority to identify and address human health risks
associated with wildlife trade. We are committed to using our authority to help
protect the American people from exotic diseases transmitted through wildlife
imports.
U.S. Wildlife Trade
U.S. wildlife trade has grown over the past decade, heightening concerns
about species conservation, the introduction of injurious animals and plants, and
potential risks to human health and domestic wildlife. In particular, the demand for live wildlife
has escalated, driven in part by the increasing popularity of exotic pets in
the United States.
The ease of travel, transport, and transaction (including e-commerce) has
removed barriers to wildlife trade. Wildlife importers have access to ample financing, the
latest computer and communications technology, and overnight air cargo shipping
services from virtually anyplace in the world.
The economic boom of the 1990s spurred international travel, giving
Americans new opportunities to visit exotic locales and acquire exotic
wildlife.
From 1992
through 2002, the number of species regulated under the Convention on
International Trade in Endangered Species of Wild Fauna and Flora (CITES) – the
international treaty which regulates trade in species that are endangered or
threatened, or that are otherwise vulnerable to the effects of trade –increased
75 percent, and the number of CITES member nations rose from 115 to 162. U.S. trade in wildlife and wildlife products
grew 62 percent, with declared shipments jumping from 74,620 to more than
121,000. The number of different
species in trade increased 75 percent, jumping from some 200,000 in 1992 to
more than 352,000 a decade later. Overall,
in 2002, over 38,000 live mammals, 365,000 live birds, two million live
reptiles, 49 million live amphibians, and 216 million live fish were imported
into the United States.
The
Service enforces nine wildlife conservation statutes that include provisions
governing international trade: the African Elephant Conservation Act, the
Antarctic Conservation Act, the Bald and Golden Eagle Protection Act, the
Endangered Species Act, the Lacey Act, the Marine Mammal Protection Act, the Migratory
Bird Treaty Act, the Rhinoceros and Tiger Conservation Act, and the Wild Bird
Conservation Act. The Service also
implements the Convention on International Trade in Endangered Species of Wild Fauna
and Flora (CITES).
The Lacey
Act and the Endangered Species Act give the Service broad authority to detain
and inspect any international shipment, mail parcel, vehicle, or passenger
baggage and all accompanying documents, whether or not wildlife has been formally
declared. These two statutes define import
to include landing on, or introduction to, any place subject to U.S.
jurisdiction whether or not such activity is considered an import under customs
laws. This definition allows the
Service to address illegal wildlife moving through duty-free areas, free trade
zones, or in-transit through the United States.
In
addition, the Endangered Species Act and Service regulations require wildlife
to be imported and exported through specific ports to facilitate both enforcement
of wildlife laws and clearance of legitimate shipments. Commercial importers and exporters of
wildlife must be licensed by the Service and must pay applicable user fees. In addition, they must file declarations with
the Service detailing the contents of their shipments in order to receive
Service clearance before the Bureau of Customs and Border Protection (BCBP)
inspectors can release a shipment for import or they can load it for
export. Declaration and clearance
requirements also apply to non-commercial and personal wildlife imports and
exports.
The
Service also addresses wildlife trade under the Lacey Act. This statute makes it unlawful to import,
export, transport, sell, receive, acquire, or purchase any fish or wildlife
already taken, possessed, transported, or sold in violation of State, Federal,
Indian tribal, or foreign wildlife laws or regulations. The Lacey Act also requires that contents of
wildlife shipments moving in interstate or foreign commerce be accurately
marked and labeled on the shipping containers.
Under this statute, it is also unlawful to make a false record or
identification of any wildlife transported in interstate or foreign commerce.
The injurious wildlife provisions
of the Lacey Act under
Title 18 restrict the importation and interstate transportation of wildlife
deemed “injurious” or potentially injurious to human beings, to the interests
of agriculture, horticulture, and forestry, or to wildlife or wildlife
resources of the United States. The statute only applies to wild mammals, birds, fish,
amphibians, reptiles, mollusks, and crustaceans. The Service cannot regulate insects, spiders, plants, or other
organisms under the injurious wildlife provisions of the Lacey Act.
There are currently 12 genera of mammals, four species of birds, three families of fishes, one species of crustacean, one species of mollusk, and one reptile species listed as injurious under the Lacey Act. The Service has received petitions for listing the black carp, bighead carp, silver carp, and the remaining 27 species of snakes in the genus Boiga related to the brown tree snake as injurious wildlife. The Service is actively engaged in the administrative steps required to process each of these petitions.
Several
general criminal laws also help the Service address international wildlife
trade. Section 545 of Title 18
prohibits smuggling – which includes knowingly importing any merchandise
contrary to law. It also addresses
subsequent transactions involving smuggled goods. Section 1001 of Title 18, which outlaws false statements, is
useful when importers or exporters deliberately file false declarations or
other required information.
The
African Elephant Conservation Act, the Antarctic Conservation Act, the Bald and
Golden Eagle Protection Act, the Endangered Species Act, the Marine Mammal
Protection Act, the Migratory Bird Treaty Act, the Rhinoceros and Tiger
Conservation Act, and the Wild Bird Conservation Act all have conservation-related
prohibitions on the import and/or export of certain wildlife species.
CITES requires
party countries to use a system of permits to regulate trade of listed animal
and plant species. The Endangered
Species Act, which implements the treaty in the United States, prohibits any
trade contrary to CITES or the possession of any specimens traded contrary to
CITES. While CITES regulates over 3,000
animal species, the vast majority of wildlife in trade is not listed on its
appendices.
CITES
requires that live specimens be transported to minimize risk of injury or
damage to the health of the animal.
Shipments that travel by air must comply with the International Air
Transport Association (IATA) guidelines for humane transport.
IATA
guidelines require the shipper to certify that animals are in good health and
condition. In addition, for reptiles
and amphibians, the shipper must certify that the animals are free of external
parasites and any readily recognizable diseases. Shippers must also provide health declarations and permits
required under any national authority.
Service humane transport regulations for importing mammals and birds
(including CITES species) reflect the IATA guidelines and require veterinary
health certificates stating that the mammal or bird is healthy and appears to
be free of any communicable disease.
The Service’s wildlife inspection program provides the
Nation’s front-line defense against illegal wildlife trafficking while
facilitating legitimate trade. At
present, 92 wildlife inspectors are stationed at 32 major U.S. airports, ocean
ports, and border crossings, where they monitor imports and exports to ensure
compliance with our laws and regulations.
In addition, the President’s fiscal year 2004 budget request seeks
funding for 9 additional inspectors to meet immediate needs for additional
staffing along the Nation’s northern and southern borders.
Wildlife
inspectors focus on detecting and deterring illegal trade in protected species
and preventing the introduction of injurious wildlife. The training and expertise required for this
specialized field of import/export control include an in-depth grasp of both U.S.
and foreign wildlife statutes; wide-ranging species identification skills for
recognizing live specimens, parts, and products; knowledge of humane transport
requirements; and use of protective clothing and equipment.
Service
wildlife inspectors are an integral part of the Federal inspection team
responsible for policing the people, goods, and vehicles entering the United
States. They work closely with BCBP
inspectors in the newly formed Department of Homeland Security, as well as with
the Department of Agriculture’s Veterinary Services (APHIS-VS), the Food and
Drug Administration (FDA), and the Centers for Disease Control and Prevention
(CDC).
Wildlife
inspectors, however, are the only Federal officers at ports of entry who focus exclusively
on wildlife trade. The information they
collect through the wildlife declaration process is valuable to Federal agencies,
U.S. and international conservation organizations, wildlife trade industries,
educational institutions, researchers, and other groups. In recent years, for example, the Service
has used these records extensively to help CDC identify possible health risks
associated with exotic wildlife trade.
Diseases Associated with Wildlife in International Trade
The
Service recognizes that disease, contamination, or injury are possible risks to
wildlife inspectors. Inspectors are
trained to follow safety guidelines and use protective equipment when they
handle shipments of concern, which include raw hunting trophies treated with
pesticides, live non-human primates, live venomous snakes and insects, bushmeat,
and carcasses or other raw wildlife parts.
Inspectors are not, however, trained in the detection of disease.
Live
wildlife presents the highest risk for introduction of diseases that may be
transmitted to humans or animals. Live
mammals have been associated with rabies, brucellosis, herpes-B, hantavirus,
ebola, plague, tularemia and several other diseases that are transmissible to
humans. According to CDC, 70,000 people
get salmonellosis from live reptiles each year, and live birds have been
responsible for transmitting avian chlamydiosis.
The
import of exotic wildlife parts, including meat, also poses the risk of
introducing diseases. Contact with
non-human primates in Central Africa is believed to be the source of HIV/AIDS
in humans, and it has been suggested that the recent outbreak of Severe Acute
Respiratory Syndrome (SARS) is linked to an Asian palm civet.
Service Enforcement
Coordination with Agencies Responsible for Health Issues
Service wildlife inspectors routinely inspect and take enforcement action on wildlife shipments that are known to pose a disease risk. Inspectors regularly coordinate with CDC on physical inspections of non-human primates, under-sized turtles and tortoises, and bats – all of which are subject to CDC import restrictions based on human health concerns. Inspectors also coordinate with USDA-VS on wildlife importations that are prohibited due to livestock health issues, such as hedgehogs that can transmit hoof and mouth disease and tortoises carrying ticks infected with heartwater disease and to quarantine exotic birds seized at our borders.
Service Efforts Related
to Monkeypox
Before the Department of Health and Human Services (HHS) issued its joint order addressing African rodents, CDC consulted the Service about possible enforcement assistance with trade embargos and other prohibitions that might be needed to prevent the introduction and additional spread of monkeypox. The Service also analyzed trade records collected through the declaration process to provide CDC, FDA, State wildlife and agriculture officials, and local health officials with information on potential businesses associated with, and the extent of, the live African rodent trade.
When HHS announced its African rodent trade embargo, the Service alerted wildlife inspectors to begin immediate enforcement of the new import/export bans and issued a public bulletin explaining our enforcement actions. We published this bulletin on the web, posted it at staffed wildlife ports of entry, shared it with our Federal inspection partners including CPB, CDC, and FDA, and provided it to our licensed commercial dealers and to the National Customs Brokers Association, which circulated it to their members. Wildlife inspectors have also reached out to the trade community, airlines, and Federal inspection counterparts at the local level to ensure awareness of, and compliance with, the trade embargo.
The Service is actively involved in an interagency working group at the national level and is coordinating with CDC on importations. Our wildlife inspectors have worked closely with other Federal inspection agencies to identify and address shipments from Africa that may contain rodents.
At New York’s John F. Kennedy International Airport, for example, Service inspectors conducting routine physical inspections of caviar in a refrigerated warehouse spotted shipments from Ghana manifested as fish for human consumption that actually contained rodent bushmeat from Africa. In addition, Service inspectors, who are equipped with protective masks and suits and are intensively trained in their use, provided such protective gear to other Federal inspection agencies involved in monkeypox enforcement efforts at the airport.
After receiving information from CDC about the possible shift in bushmeat shipments from New York to Baltimore due to enhanced enforcement at JFK, Service inspectors and agents in Maryland began to target African flights for inspection. At the port of Chicago, wildlife inspectors invited local CDC and FDA inspectors to view physical inspections of hunting trophies and bushmeat from Africa that had the potential to contain rodents. Several shipments are now being held there for final disposition by CDC. Other wildlife ports have encountered both bushmeat and hunting trophies that contain prohibited rodents and are coordinating with CDC on their disposition.
We have also reviewed our authority to address wildlife-linked threats to human health under the injurious species provisions of the Lacey Act. Because the Lacey Act requires the Service to first make an injurious finding before listing a species – a finding which includes the opportunity for public comment – and is somewhat limited in scope, it is not as well suited as other vehicles to rapidly respond to such threats. For example, the HHS joint order imposing a trade and interstate transport embargo on African rodents was far more encompassing and enacted more rapidly than any action that the Service could take under the injurious wildlife provisions of the Lacey Act.
Conclusion
In
closing, I want to assure the Committee that the Service is prepared to
continue assisting those Federal agencies that have the expertise and authority
to identify and address human health risks and risks to domestic wildlife associated
with wildlife trade. We are committed
to providing whatever help we can by collecting and analyzing trade data and by
using our inspectors and special agents at ports of entry for enforcement of any
wildlife trade restrictions that are introduced to protect the American people
from wildlife-transmitted disease.
We share
the Committee’s concerns about the possible introduction of such diseases and
appreciate this opportunity to review our authorities and role in regulating
the import and export of exotic wildlife. This concludes my testimony and I
would be happy to answer the Committee’s questions.