EPOT "HOME OF THE BIG BIRD CAGE" Manufacturers of Wrought Iron Bird Cages Macaw Cages - Parrot Cages - Cockatiel Cages Hanging Perches - Toys - Ladders - Playpens - Bird Nets - Cups - Parrot Stands - Swings. Cage Covers Java Rice Bird Padda oryzivora See Our Products Pest or Pet? At Your Local Pet Shop or Write Direct (EDITOR'S NOTE: This article and its complicated Table has been principally authored by PhzJ Carter of Newington, 2103 N.E. 161 Street Virginia, with substantial research and No. Miami Beach, Florida 33162 other contributions by Clzff Witt, Gaithersburg, MD, Lee Phillips, Har (305) 944-2144 wood, MD, and Ralph Anderson, New ington, VA.)
What is the truth about the Java Rice Bird, P. oryzivora? Is it, as aviculturalists claim, an attractive, hardy finch which adapts well to captivity? Or is it, as the U.S. Department of Interior claims, an "injurious" species destined to become a threat to agriculture, horticulture, forestry, indigenous species of human beings if uncontrolled? This article will attempt to present the history surroun ding the federal regulation of the Java sparrow, define the differences in the various state statutes governing importa tion, transportation, propagation or possession, and finally examine the merits of the case against this species. In the early 1900 's Congress passed the Lacey Act to control and regulate ex otic wildlife in part for the protection of native flora and fauna and to safeguard agricultural production. Although the Department of the Interior was dele gated the responsibility for enforcement, it was not until around 1970 that the In jurious Wildlife Regulations (50 CFR 16) were promulgated to implement the in jurious wildlife mandate of the Lacey Act. Any species labeled "injurious" by the U.S. Fish and Wildlife Service (USFWS) was banned from further im portation into the country. Birds already in the country prior to this time, however, were not regulated. Currently
14 only four birds are labeled "injurious": Puerto Rico, any tem"tory or possession of (1) the Pink Starling, Sturnus roseus, the U.S., or the District of Columbia a also known as the "Rosy Pastor," (2) Java sparrow wt"thout a perm# issued by Que/ea quelea, including the subspecies this office. Interstate shipment withn the black-fronted, red-billed or Sudan U.S. is not prohibited. Proposed regula Kaytee-Mixed for dioch, (3) the red-whiskered bulbul, tions published in the Federal Register Pycnonotus jocosus, and (4) the Java Rice on March 7, 1977 which you were Every Need Bird, Padda oryzivora. evidently quoting make some changes. The American Federation of Avicul There are no Federal restrictions on ture was founded largely to combat the possession of Java spaTTows, provided first attempt by USFWS to expand this they were legally obtained. You should list in December, 1973. This and two contact the individual state to determine subsequent attempts to expand the in tf that state has any restrictions. Ad jurious species list were thwarted, and dresses of state contacts are enclosed. only the original four birds remain on Please contact us tf we can be offur the list. It is significant to note that no ther assistance. one currently at the USFWS Wildlife Sincerely, Assistance Office (the office now in Donald F. Donahoo charge of Injurious Wildlife regulations) Chief, Permit Branch could remember the date when the In Federal Wildlife Permit Office jurious Wildlife Regulation was enacted, nor could they remember what criteria To follow up on the recommendations were used to classify these birds as in made by Mr. Donahoo, Cliff Witt, AFA jurious! First Vice-perident, wrote each state in In 1979, Dr. Barry Adler, New Jersey September, 1979. Letters were received These tags list the ingredients of State Coordinator, at the request of from forty-eight (48) states and four (4) each of the many Kaytee Mixes. President Richard E. Baer, wrote the territories. Later the positions of the re Each ingredient in every Kaytee Federal Wildlife Permit Office, USFWS, maining two states (Connecticut and Formula has a specific job to do. on behalf of AF A regarding the status of Maryland) were clarified by telephone. One will supply protein for strong P. oryzivora because of the many am Table I represents the results of that bodies. Another supplies fats and biguities in the Lacey Act. The reply survey. carbohydrates for energy or a clearly stated that, while further impor The results showed a wide disparity in show winning sheen on coat or tation of Java Rice Birds was banned, the state regulations of P. oryzivora. feathers. Others supply minerals federal regulations did not prohibit Twenty-nine (29) states, over half, had and vitamins. It is the balance possession or interstate shipment. The no regulations. Twelve (12) states re of each of these ingredients that reply from Donald F. Donahoo, then quired permits for importation and five makes the difference and here is Chief of the Permit Branch, USFWS, is (5) required permits for possession in the where our century of formulating printed below in its entirety: state. Six (6) states banned Java Rice experience pays off for the one Birds entirely. This surey was completed who feeds Kaytee. Dear Dr. Adler: in late 1979. Anyone interested in learn This letter is in reply to your January ing of any changes since that time should 27 letter requesting information on ship contact the State Fish and Game agency. (ffjj UYIEE PROOIJCTS INCORPORATED ment ofJava spaTTows. Those AF A members interested in It is illegal under cuTTent regulations receiving a copy of the reply from their (5 0 CFR 16) to import into the U.S. or to state may write the Home Office. transport between the continental U.S. From the information obtained in the and Hawaii, the Commonwealth of survey, and from the experience of the
Kaytee feeds are distributed nationwide
It is Kaytee quality that has made its product known nationally. In business since 1866, the company continually im proves its product and services. All Kaytee products should be available at a dealer near you. If you have no dealer, please contact Kaytee Products, KEY Inc., Chilton, Wisconsin 53014. Any Permi\1"777/f Required~ Banned ~ 15 last ten years with those legal birds port ban around 1970, Java Rice Birds already in the country, several conclu- were imported into the United States by sions can be drawn about the Java Rice the thousands annually. Frank Miser of Bird as pest or pet. The underlying fear Magnolia Bird Farm reports that he alone has been that the Java sparrow would brought in 4,000 to 5 ,000 Java Rice Birds become established 10 the wild and each year between 1963 and 1968. He damage agricultural crops. These feral was only one of four or five people im- populations have failed to materialize in porting Java sparrows during that period. T·1-1·f: any significant numbers. Prior to the im- Richard Baer, AFA President, recalled TABLE I ·r·f:·f:D STATE REGULATIONS OF THE JAVA RICE BIRD No Known Permit Banned Regulations Required Permit From All bi\G To Either To Import Required Importation Import or Into To Possess and State Possess State In State Possession Comments Alabama x No No No 'Family Ploceidae Alaska X' No No No is permitted Arizona x No No No 'For al I exotic California No No Yes wildlife 'For all exotic Colorado x No No No wildlife Connecticut Yes' No No 'For commercial Delaware Yes' No No propogation only Florida Pets Only No Yes' No 'Special purpose Geor9ia No No Yes' permits may be issued Hawaii No No From Import• BUY·SELL·TRADE 'Protected as a BIRDS Idaho Vague No Yes(?)' No native species BIRD SUPPLIES Illinois x No No No 'No restrictions if AND EQUIPMENT Indiana x No No No owned before Iowa x• No No No entering state or SEED, FEED if on sale Kansas x No No No in pet stores Kentucky x No No No 'Must be legally Halfmoons Louisiana Yes' No No obtained in state Cockatiels Maine x•• No No of origin Lovebirds Maryland x No No No 'For all exotic wildlife; none Parrakeets Massachusetts Yes No No issued yet for White Headed Nuns Michi9an x No No No Java sparrows Green Singers Minnesota x No No No "Check with local authorities Golden Breasted Waxbills Mississippi Pets Only No Yes" No Missouri Yes" Yes" No "To possess or sell Cordon Bleu all exotic birds Montana Yes" No No AND MANY OTHER TYPES "To import, export Nebraska x No No No and propogate any OF FINCHES Nevada No No From Import exotic wildlife AND HOOKBILLS New Hampshire Yes" No No except imported finches New Jersey Yes" Yes" No "For all exotic New Mexico Yes" No No wildlife New York x No No No "Probably not North Carolina x No No No issued North Dakota x No No No "For most exotic Ohio x No No No wildlife 16 1 Oklahoma No No ' Permission" Yes" required ?18 Oregon X (Now) No No 11 ''Permission'' Pennsylvania No No From Import required lo r al I Rhode Island Yes" No No exotic wildlife South Carolina Yes' 0 No No "Pending outcome of Bill SB 791 South Dakota No No No x "For all exotic Tennessee x No No No wildlife Texas x No No No "For all exotic Utah x No No No wildlife Vermont X" No No No ''Legislation Virginia X" No No No pending 18247 East Valley Blvd. "Uncertain, Washin9ton x No No No confusing (at Yorbita Rd.) West Vir9inia No No From Import "Federal restriction La Puente, CA. 91744 Wisconsin x No No No "Federal restriction Wyoming No No Yes "No territorial 213/964 -8473 Ameri'n Samoa No No From Import" restriction, Guam No No From Import" Federal only Puerto Rico "No local No No From Import" restriction, Virgin Islands No No From Import" Federal only 16 the time when Java Rice Birds were so USFWS injurious list mentioned earlier. common that they could be bought in All of the state restrictions on Java Rice dime stores for $3. 98 a pair. And that in Birds other than those required of all ex ALUMINUM cluded a free cage! It must be recognized otic wildlife were based solely on the that out of the several hundred thousand USFWS label of'' injurious,'' not on ex I. D. BIRD birds imported prior to the ban, a perience, and USFWS can no longer Available Now ei.!1111 ~ significant number must have escaped or remember why the Java Rice Bird was in BAN Os from Europe been released into the wild. Shipping jurious in the first place. OPEN • COLORED and handling during that period was lax Further evidence that the rules and Used to Identify Families or Splits Inside and because birds were cheap and plen regulations were not based on problems Metric Meas. Numbered Price tiful, little thought was given to with P. oryzivora come from examina A 2.5 mm Finches 1 - 20 6e ea. escapees. Also some of the dime store tion of the map. Java sparrows are B 3 mm Canaries 1 - 20 le ea. pets must have been released when the regulated as much in states with cold c 4 mm Parakeets 1 - 20 Be ea. owners became tired of them. In spite of climates such as Maine, Montana and available in: Purple this, feral populations have failed to Pennsylvania, and are unregulated in Red, Black, Silver, Gold, Lime, Green, Blue become established except in the most Texas which has a more tropical climate. D 6 mm Cockatiels 1 - 10 10e ea. tropical climates. Even Florida, where a few Java Rice Birds E 8 mm Game Birds 1 - 10 12e ea. The replies to the state survey showed have become established, treats it no dif F 10 mm Pheasant 1 - 10 12e ea. (small) that only two states, Florida and Hawaii, ferent than all exotic wildlife. The states G 12 mm Pheasant 1 - 10 13e ea. and the territory of Puerto Rico had feral with climates most suitable to P. oryziv available in: (large) populations. In Hawaii a few Java Rice ora are not alarmed, and others where Green, Red, Silver, Blue, Gold Birds have become established on the winters are too severe for the bird to sur island of Oahu with no reported prob vive, prohibit it. minimum order lems. Likewise in Florida, small, localiz In the final analysis there appears to $5.00 +.75c postage & handling ed populations had become established be no evidence to support the theory that Calif. add 6% tax. at the southernmost tip with no prob Java Rice Birds can become established in lems. Puerto Rico reported that the Java the wild in any significant numbers, and fl (714) 826-5248 Rice Bird was ''well established in the no documentation of any damage to wild in Puerto Rico mainly around agricultural interests exists. The USFWS ~ 'Bi'td 'Band metropolitan Sanjuan .... The secretary cannot provide the original data to f (j nfr'tnationaL of Natural Resources determines that P. substantiate its claim that P. oryzivora is oryzivora is not detrimental to human "injurious," yet that designation in 10441 Barbara Ann, Cypress, CA 90630 beings, vegitation, natural resources or itself has spawned many state regula wild fauna of Puerto Rico.'' The Java tions. No states with stringent regula Rice Bird has not sustained large tions had problems with the Java spar numbers in the wild nor has it row, but most had none established in threatened crops. In the three tropical the wild to begin with. In Florida, climates where a few have become Hawaii and Puerto Rico where small AVIARY established, none have been reported as numbers do exist in the wild, the feared pests. problems never materialized. WEST If history and experience do not show In May, 1981, it was learned that the the Java Rice Bird to be a pest, then why USFWS Office of Wildlife Assistance has No. AW-36 the proliferation of state permits and prepared a new set of regulations cover Diameter 11" regulations covering the importation, ing the injurious wildlife which, among Bag Depth 16" propogation, possession and I or ship other things, will, for the first time, Handle 36" ment of the legal Java Rice Birds? Most establish criteria and procedures for No. AW-18 of the States requireing permits for im listing and deli.sting species. These new Diameter 11" portation or possession of Java sparrows proposed rules will be published as soon ... Bag Depth 16" require permits for all exotic wildlife and as President Reagan lifts the hold order ~ Handle 18" are by not means singling out P. oryziv on publishing new regulations. During No. AW-12 ora. The other reason States regulate Java the next few months AFA will be peti 8" Rice Birds was based on the USFWS tioning the Director of USFWS to review 11" classification of' 'injurious,'' not because the injurious species list and remove the 12" of any problems experienced within the Java Rice Bird. Anyone have information State. Excerpts from the Pennsylvania about Java Rice Birds in the following Game Commission reply were typical, areas should contact Cliff Witt at 24112 "If the Java Rice Bird is listed as an 'in Doreen Dr., Gaithersburg, Maryland jurious species' by USDI, it would not be 20760, phone (301) 774-0303: (1) any legal to ship or import one into Penn feral populations in the U.S., (2) any sylvania." The West Virginia Depart large scale releases of Java Rice Birds, (3) nylon netting, hardwood handles, and spring steel ment of Natural Resouirces replied in approximate numbers imported prior to hoops. almost identical language, where the the ban, (4) any known damage caused 2042 ATLANTIDA DR. birds are likewise banned from import by feral populations, and (5) any other HACIENDA HEIGHTS, CA 91745 into the state. Nevada bans Java Rice information concerning whether Java Birds from importation along with three Rice Birds should be classified as in (213) 330-8700 other birds: the exact four birds on the jurious or not • 17