United States v. Fifty-Three (53) Eclectus Parrots, and George E. Allen, Claimant-Appellant

Allen appeals from a summary judgment in favor of the government, ordering the forfeiture of 56 eelectus parrots. We affirm.

Appellant Allen raises and trades birds as an avocation. On his behalf, an importer bought eelectus parrots from a bird dealer in Singapore and imported them into the United States. The birds originated in Indonesia, which has prohibited the export of eelectus parrots, with special exceptions not applicable here, since 1972. The parrots arrived in the United States without any documentation showing their legal acquisition or export from Indonesia. Importation of protected wild birds without such accompanying documentation is proscribed by 19 U.S.C. § 1527 (1976). The government therefore instituted this in rem forfeiture action under 19 U.S.C. § 1527 (b).

The facts surrounding the importation of the birds are essentially undisputed. Appellant’s importer knew that the eclectus parrots originated in Indonesia, not Singapore. He did not know, however, that Indonesia restricted their export, or that these particular parrots had been exported illegally. Before bringing the parrots into this country the importer had asked United States Customs agents whether…