UNITED STATES V. FIFTY THREE ECLECTUS PARROTS
685 F.2d 1131 (9th Cir. 1982)
NATURE OF THE CASE: This was an appeal from a summary judgment.
FACTS: Allen raises and trades birds as a vocation. He imported eclectus parrots from a
dealer in Singapore and the birds came from Indonesia. The birds were not allowed to be
exported from Indonesia and neither Allen nor U.S. Customs was aware that this was so.
However, U.S. Customs learned of that law and seized the birds under 19 U.S.C. Section 1527
(1976). That statute prohibits the importation of wild birds protected under the laws of a
foreign nation. Allen claimed that he had done all required to find out whether Indonesia
protected the birds and he had made an innocent mistake. Allen also claimed that the birds
were not wild birds since they had been raised in captivity. The United States claimed that
any birds found in a wild state are protected under the statute. The court rule that the
statute applied to innocent as well as culpable mistakes and that forfeiture was
appropriate. Allen appealed.
ISSUE:
RULE OF LAW:
HOLDING AND DECISION:
LEGAL ANALYSIS:
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