+-----------------------------------------------------------------------+
| CHAPTER 69---WILD EXOTIC BIRD CONSERVATION                            |
+-----------------------------------------------------------------------+
| Release date: 2004-04-30                                              |
+-----------------------------------------------------------------------+
| -   **[§ 4901](http://assembler.la                                    |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00004901----000-.html). |
|     Findings**                                                        |
|                                                                       |
| -   **[§ 4902](http://assembler.la                                    |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00004902----000-.html). |
|     Statement of purpose**                                            |
|                                                                       |
| -   **[§ 4903](http://assembler.la                                    |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00004903----000-.html). |
|     Definitions**                                                     |
|                                                                       |
| -   **[§ 4904](http://assembler.la                                    |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00004904----000-.html). |
|     Moratoria on imports of exotic birds covered by Convention**      |
|                                                                       |
| -   **[§ 4905](http://assembler.la                                    |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html). |
|     List of approved species**                                        |
|                                                                       |
| -   **[§ 4906](http://assembler.la                                    |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00004906----000-.html). |
|     Qualifying facilities**                                           |
|                                                                       |
| -   **[§ 4907](http://assembler.la                                    |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00004907----000-.html). |
|     Moratoria for species not covered by Convention**                 |
|                                                                       |
| -   **[§ 4908](http://assembler.la                                    |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00004908----000-.html). |
|     Call for information**                                            |
|                                                                       |
| -   **[§ 4909](http://assembler.la                                    |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00004909----000-.html). |
|     Petitions**                                                       |
|                                                                       |
| -   **[§ 4910](http://assembler.la                                    |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00004910----000-.html). |
|     Prohibited acts**                                                 |
|                                                                       |
| -   **[§ 4911](http://assembler.la                                    |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00004911----000-.html). |
|     Exemptions**                                                      |
|                                                                       |
| -   **[§ 4912](http://assembler.la                                    |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00004912----000-.html). |
|     Penalties and regulations**                                       |
|                                                                       |
| -   **[§ 4913](http://assembler.la                                    |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00004913----000-.html). |
|     Exotic bird conservation assistance**                             |
|                                                                       |
| -   **[§ 4914](http://assembler.la                                    |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00004914----000-.html). |
|     Marking and recordkeeping**                                       |
|                                                                       |
| -   **[§ 4915](http://assembler.la                                    |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00004915----000-.html). |
|     Authorization of appropriations**                                 |
|                                                                       |
| -   **[§ 4916](http://assembler.la                                    |
| w.cornell.edu/uscode/html/uscode16/usc_sec_16_00004916----000-.html). |
|     Relationship to State law**                                       |
+-----------------------------------------------------------------------+
| **§ 4901. Findings**                                                  |
+-----------------------------------------------------------------------+
| The Congress finds the following:                                     |
|                                                                       |
| **(1)** In addition to habitat loss and local use, the international  |
| pet trade in wild-caught exotic birds is contributing to the decline  |
| of species in the wild, and the mortality associated with the trade   |
| remains unacceptably high.                                            |
|                                                                       |
| **(2)** The United States, as the world's largest importer of exotic  |
| birds and as a Party to the Convention, should play a substantial     |
| role in finding effective solutions to these problems, including      |
| assisting countries of origin in implementing programs of wild bird   |
| conservation, and ensuring that the market in the United States for   |
| exotic birds does not operate to the detriment of the survival of     |
| species in the wild.                                                  |
|                                                                       |
| **(3)** Sustainable utilization of exotic birds has the potential to  |
| create economic value in them and their habitats, which will          |
| contribute to their conservation and promote the maintenance of       |
| biological diversity generally.                                       |
|                                                                       |
| **(4)** Utilization of exotic birds that is not sustainable should    |
| not be allowed.                                                       |
|                                                                       |
| **(5)** Broad international attention has focused on the serious      |
| conservation and welfare problems which currently exist in the trade  |
| in wild-caught animals, including exotic birds.                       |
|                                                                       |
| **(6)** Many countries have chosen not to export their wild birds for |
| the pet trade. Their decisions should be respected and their efforts  |
| should be supported.                                                  |
|                                                                       |
| **(7)** Several countries that allow for the export of their wild     |
| birds often lack the means to develop or effectively implement        |
| scientifically based management plans, and these countries should be  |
| assisted in developing and implementing management plans to enable    |
| them to ensure that their wild bird trade is conducted humanely and   |
| at sustainable levels.                                                |
|                                                                       |
| **(8)** The major exotic bird exporting countries are Parties to the  |
| Convention.                                                           |
|                                                                       |
| **(9)** The Convention recognizes that trade in species that are      |
| threatened with extinction, or that may become so, should be subject  |
| to strict regulation.                                                 |
|                                                                       |
| **(10)** The necessary population assessments, monitoring programs,   |
| and appropriate remedial measures for species listed in Appendix II   |
| of the Convention are not always being undertaken in order to         |
| maintain species at levels above which they might become eligible for |
| inclusion in Appendix I of the Convention.                            |
|                                                                       |
| **(11)** Resolutions adopted pursuant to the Convention recommend     |
| that the Parties to the Convention take appropriate measures          |
| regarding trade in species of exotic birds that have significantly    |
| high mortality rates in transport, including suspension of trade for  |
| commercial purposes between Parties when appropriate.                 |
|                                                                       |
| **(12)** Article XIV provides that the Convention in no way affects   |
| the right of any Party to the Convention to adopt stricter domestic   |
| measures for the regulation of trade in all species, whether or not   |
| listed in an Appendix to the Convention.                              |
|                                                                       |
| **(13)** The United States prohibits the export of all birds native   |
| to the United States that are caught in the wild.                     |
|                                                                       |
| **(14)** This chapter provides a series of nondiscriminatory measures |
| that are necessary for the conservation of exotic birds, and furthers |
| the obligations of the United States under the Convention.            |
+-----------------------------------------------------------------------+
| § 4902. Statement of purpose                                          |
+-----------------------------------------------------------------------+
| The purpose of this chapter is to promote the conservation of exotic  |
| birds by---                                                           |
|                                                                       |
| **(1)** assisting wild bird conservation and management programs in   |
| the countries of origin of wild birds;                                |
|                                                                       |
| **(2)** ensuring that all trade in species of exotic birds involving  |
| the United States is biologically sustainable and is not detrimental  |
| to the species;                                                       |
|                                                                       |
| **(3)** limiting or prohibiting imports of exotic birds when          |
| necessary to ensure that---                                           |
|                                                                       |
| > **(A)** wild exotic bird populations are not harmed by removal of   |
| > exotic birds from the wild for the trade; or                        |
| >                                                                     |
| > **(B)** exotic birds in trade are not subject to inhumane           |
| > treatment; and                                                      |
|                                                                       |
| **(4)** encouraging and supporting effective implementation of the    |
| Convention.                                                           |
+-----------------------------------------------------------------------+
| § 4903. Definitions                                                   |
+-----------------------------------------------------------------------+
| In this chapter---                                                    |
|                                                                       |
| **(1)** The term "Convention" means the Convention on International   |
| Trade in Endangered Species of Wild Fauna and Flora, as amended,      |
| signed in Washington on March 3, 1973, and the Appendices thereto.    |
|                                                                       |
| **(2)** The term "exotic bird"---                                     |
|                                                                       |
| > **(A)** means any live or dead member of the class Aves that is not |
| > indigenous to the 50 States or the District of Columbia, including  |
| > any egg or offspring thereof; and                                   |
| >                                                                     |
| > **(B)** does not include---                                         |
| >                                                                     |
| > **(i)** domestic poultry, dead sport-hunted birds, dead museum      |
| > specimens, dead scientific specimens, or products manufactured from |
| > such birds; or                                                      |
| >                                                                     |
| > **(ii)** birds in the following families: Phasianidae, Numididae,   |
| > Cracidae, Meleagrididae, Megapodiidae, Anatidae, Struthionidae,     |
| > Rheidae, Dromaiinae, and Gruidae.                                   |
|                                                                       |
| **(3)** Each of the terms "import" and "importation" means to land    |
| on, bring into, or introduce into, or attempt to land on, bring into, |
| or introduce into, any place subject to the jurisdiction of the       |
| United States.                                                        |
|                                                                       |
| **(4)** The term "person" means an individual, corporation,           |
| partnership, trust, association, or any other private entity; or any  |
| officer, employee, agent, department, or instrumentality of the       |
| Federal Government, of any State, municipality, or political          |
| subdivision of a State, or of any foreign government; any State,      |
| municipality, or political subdivision of a State; or any other       |
| entity subject to the jurisdiction of the United States.              |
|                                                                       |
| **(5)** The term "qualifying facility" means an exotic bird breeding  |
| facility that is included in a list published by the Secretary under  |
| section                                                               |
| [4906](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004906----000-.html) |
| of this title.                                                        |
|                                                                       |
| **(6)** The term "Secretary" means the Secretary of the Interior or a |
| designee of the Secretary of the Interior.                            |
|                                                                       |
| **(7)** The term "species"---                                         |
|                                                                       |
| > **(A)** means any species, any subspecies, or any distinct          |
| > population segment of a species or subspecies; and                  |
| >                                                                     |
| > **(B)** includes hybrids of any species or subspecies.              |
|                                                                       |
| **(8)** The term "United States" means the 50 States, the District of |
| Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin |
| Islands, Guam, the Commonwealth of the Northern Mariana Islands, and  |
| the Trust Territory of the Pacific Islands.                           |
+-----------------------------------------------------------------------+
| **§ 4904. Moratoria on imports of exotic birds covered by             |
| Convention**                                                          |
+-----------------------------------------------------------------------+
| **(a)** Immediate moratorium                                          |
|                                                                       |
| > **(1)** Establishment of moratorium                                 |
| >                                                                     |
| > The importation of any exotic bird of a species identified as a     |
| > category B species in the report entitled "Report of the Animals    |
| > Committee", adopted by the 8th meeting of the Conference of the     |
| > Parties to the Convention, is prohibited.                           |
| >                                                                     |
| > **(2)** Termination of moratorium                                   |
| >                                                                     |
| > A species of exotic birds shall be subject to the prohibition on    |
| > importation established by paragraph (1) until the Secretary, after |
| > notice and an opportunity for public comment---                     |
| >                                                                     |
| > **(A)** determines that appropriate remedial measures have been     |
| > taken in the countries of origin for that species, so as to         |
| > eliminate the threat of trade to the conservation of the species;   |
| > and                                                                 |
| >                                                                     |
| > **(B)** makes the findings described in section                     |
| > [4905](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html) |
| > [(c)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html#c) |
| > of this title for the species and includes the species in the list  |
| > published under section                                             |
| > [4905](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html#a) |
| > of this title.                                                      |
|                                                                       |
| **(b)** Emergency authority to suspend imports of listed species      |
|                                                                       |
| > **(1)** Authority to suspend imports                                |
| >                                                                     |
| > The Secretary is authorized to suspend the importation of exotic    |
| > birds of any species that is listed in any Appendix to the          |
| > Convention, and if applicable remove the species from the list      |
| > under section                                                       |
| > [4905](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html#a) |
| > of this title, if the Secretary determines that---                  |
| >                                                                     |
| > **(A)**                                                             |
| >                                                                     |
| > **(i)** trade in that species is detrimental to the species,        |
| >                                                                     |
| > **(ii)** there is not sufficient information available on which to  |
| > base a judgment that the species is not detrimentally affected by   |
| > trade in that species, or                                           |
| >                                                                     |
| > **(iii)** remedial measures have been recommended by the Standing   |
| > Committee of the Convention that have not been implemented; and     |
| >                                                                     |
| > **(B)** the suspension might be necessary for the conservation of   |
| > the species.                                                        |
| >                                                                     |
| > **(2)** Termination of suspension                                   |
| >                                                                     |
| > A species of exotic birds shall be subject to a suspension of       |
| > importation under paragraph (1) until the Secretary, after notice   |
| > and an opportunity for public comment, makes the findings described |
| > in section                                                          |
| > [4905](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html) |
| > [(c)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html#c) |
| > of this title and includes the species in the list published under  |
| > section                                                             |
| > [4905](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html#a) |
| > of this title.                                                      |
|                                                                       |
| **(c)** Moratorium after one year for other species listed in         |
| appendices                                                            |
|                                                                       |
| Effective on the date that is one year after October 23, 1992, the    |
| importation of any exotic bird of a species that is listed in any     |
| Appendix to the Convention is prohibited unless the Secretary makes   |
| the findings described in section                                     |
| [4905](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html) |
| [(c)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html#c) |
| of this title and includes the species in the list published under    |
| section                                                               |
| [4905](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html) |
| [(a)](http://assembler.law                                            |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html#a) |
| of this title.                                                        |
|                                                                       |
| **(d)** Limitation on number imported during first year               |
|                                                                       |
| Notwithstanding any other provision of this chapter, the Secretary    |
| shall prohibit the importation, during the 1-year period beginning on |
| October 23, 1992, of exotic birds of each species that is listed      |
| under any Appendix to the Convention in excess of the number of that  |
| species that were imported during the most recent year for which the  |
| Secretary has complete import data.                                   |
+-----------------------------------------------------------------------+
| **§ 4905. List of approved species**                                  |
+-----------------------------------------------------------------------+
| **(a)** Listing                                                       |
|                                                                       |
| > **(1)** In general                                                  |
| >                                                                     |
| > One year after October 23, 1992, and periodically thereafter, the   |
| > Secretary shall, after notice and an opportunity for public         |
| > comment, publish in the Federal Register a list of species of       |
| > exotic birds that are listed in an Appendix to the Convention and   |
| > that are not subject to a prohibition or suspension of importation  |
| > otherwise applicable under section                                  |
| > [4904](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004904----000-.html) |
| > [(a)](http://assembler.law.                                         |
| cornell.edu/uscode/html/uscode16/usc_sec_16_00004904----000-.html#a), |
| > (b), or (c) of this title.                                          |
| >                                                                     |
| > **(2)** Manner of listing                                           |
| >                                                                     |
| > The Secretary shall list a species under paragraph (1) with respect |
| > to---                                                               |
| >                                                                     |
| > **(A)** the countries of origin from which the species may be       |
| > imported; and                                                       |
| >                                                                     |
| > **(B)** if appropriate, the qualifying facilities in those          |
| > countries from which the species may be imported.                   |
| >                                                                     |
| > **(3)** Bases for determinations                                    |
| >                                                                     |
| > In making a determination required under this subsection, the       |
| > Secretary shall---                                                  |
| >                                                                     |
| > **(A)** use the best scientific information available; and          |
| >                                                                     |
| > **(B)** consider the adequacy of regulatory and enforcement         |
| > mechanisms in all countries of origin for the species, including    |
| > such mechanisms for control of illegal trade.                       |
|                                                                       |
| **(b)** Captive bred species                                          |
|                                                                       |
| The Secretary shall include a species of exotic birds in the list     |
| under subsection (a) of this section if the Secretary determines      |
| that---                                                               |
|                                                                       |
| > **(1)** the species is regularly bred in captivity and no           |
| > wild-caught birds of the species are in trade; or                   |
| >                                                                     |
| > **(2)** the species is bred in a qualifying facility.               |
|                                                                       |
| **(c)** Non-captive bred species                                      |
|                                                                       |
| The Secretary shall include in the list under subsection (a) of this  |
| section a species of exotic birds that is listed in an Appendix to    |
| the Convention if the Secretary finds the Convention is being         |
| effectively implemented with respect to that species because of each  |
| of the following:                                                     |
|                                                                       |
| > **(1)** Each country of origin for which the species is listed is   |
| > effectively implementing the Convention, particularly with respect  |
| > to---                                                               |
| >                                                                     |
| > **(A)** the establishment of a scientific authority or other        |
| > equivalent authority;                                               |
| >                                                                     |
| > **(B)** the requirements of Article IV of the Convention with       |
| > respect to that species; and                                        |
| >                                                                     |
| > **(C)** remedial measures recommended by the Parties to the         |
| > Convention with respect to that species.                            |
| >                                                                     |
| > **(2)** A scientifically-based management plan for the species has  |
| > been developed which---                                             |
| >                                                                     |
| > **(A)** provides for the conservation of the species and its        |
| > habitat and includes incentives for conservation;                   |
| >                                                                     |
| > **(B)** ensures that the use of the species is biologically         |
| > sustainable and maintained throughout the range of the species in   |
| > the country to which the plan applies at a level that is consistent |
| > with the role of the species in the ecosystem and is well above the |
| > level at which the species might become threatened with extinction; |
| > and                                                                 |
| >                                                                     |
| > **(C)** addresses factors relevant to the conservation of the       |
| > species, including illegal trade, domestic trade, subsistence use,  |
| > disease, and habitat loss.                                          |
| >                                                                     |
| > **(3)** The management plan is implemented and enforced.            |
| >                                                                     |
| > **(4)** The methods of capture, transport, and maintenance of the   |
| > species minimizes the risk of injury or damage to health, including |
| > inhumane treatment.                                                 |
+-----------------------------------------------------------------------+
| **§ 4906. Qualifying facilities**                                     |
+-----------------------------------------------------------------------+
| **(a)** Determination                                                 |
|                                                                       |
| Upon submission of a petition under section                           |
| [4909](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004909----000-.html) |
| of this title by any person, the Secretary shall determine whether an |
| exotic bird breeding facility is a qualifying facility. Such          |
| determination shall be effective for a period specified by the        |
| Secretary, which may not exceed 3 years. The Secretary shall, from    |
| time to time, publish a list of qualifying facilities in the Federal  |
| Register.                                                             |
|                                                                       |
| **(b)** Criteria                                                      |
|                                                                       |
| The Secretary shall determine under subsection (a) of this section    |
| that a facility is a qualifying facility for a species of exotic      |
| birds if the Secretary finds each of the following:                   |
|                                                                       |
| > **(1)** The facility has demonstrated the capability of producing   |
| > captive bred birds of the species in the numbers to be imported     |
| > into the United States from that facility.                          |
| >                                                                     |
| > **(2)** The facility is operated in a manner that is not            |
| > detrimental to the survival of the species in the wild.             |
| >                                                                     |
| > **(3)** The facility is operated in a humane manner.                |
| >                                                                     |
| > **(4)** The appropriate governmental authority of the country in    |
| > which the facility is located has certified in writing, and the     |
| > Secretary is satisfied, that the facility has the capability of     |
| > breeding the species in captivity.                                  |
| >                                                                     |
| > **(5)** The country in which the facility is located is a Party to  |
| > the Convention.                                                     |
| >                                                                     |
| > **(6)** All birds exported from the facility are bred at the        |
| > facility.                                                           |
+-----------------------------------------------------------------------+
| **§ 4907. Moratoria for species not covered by Convention**           |
+-----------------------------------------------------------------------+
| **(a)** In general                                                    |
|                                                                       |
| The Secretary shall---                                                |
|                                                                       |
| > **(1)** review periodically the trade in species of exotic birds    |
| > that are not listed in any Appendix to the Convention; and          |
| >                                                                     |
| > **(2)** after notice and an opportunity for public comment,         |
| > establish a moratorium or quota on---                               |
| >                                                                     |
| > **(A)** importation of any species of exotic birds from one or more |
| > countries of origin for the species, if the Secretary determines    |
| > that---                                                             |
| >                                                                     |
| > **(i)** the findings described in section                           |
| > [**4905**](http://assembler.l                                       |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html) |
| > [**(c)(2)**](http://assembler.law.co                                |
| rnell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html#c_2), |
| > (3), and (4) of this title cannot be made with respect to the       |
| > species; and                                                        |
| >                                                                     |
| > **(ii)** the moratorium or quota is necessary for the conservation  |
| > of the species or is otherwise consistent with the purpose of this  |
| > chapter; or                                                         |
| >                                                                     |
| > **(B)** the importation of all species of exotic birds from a       |
| > particular country, if---                                           |
| >                                                                     |
| > **(i)** the country has not developed and implemented a management  |
| > program for exotic birds in trade generally, that ensures both the  |
| > conservation and the humane treatment of exotic birds during        |
| > capture, transport, and maintenance; and                            |
| >                                                                     |
| > **(ii)** the Secretary finds that the moratorium or quota is        |
| > necessary for the conservation of the species or is otherwise       |
| > consistent with the purpose of this chapter.                        |
|                                                                       |
| **(b)** Termination of quota or moratorium                            |
|                                                                       |
| The Secretary shall terminate a quota or moratorium established under |
| subsection (a) of this section if the Secretary finds that the        |
| reasons for establishing the quota or moratorium no longer exist.     |
+-----------------------------------------------------------------------+
| **§ 4908. Call for information**                                      |
+-----------------------------------------------------------------------+
| Within one month after October 23, 1992, the Secretary shall issue a  |
| call for information on the wild bird conservation program of each    |
| country that exports exotic birds, by---                              |
|                                                                       |
| > **(1)** publishing a notice in the Federal Register requesting      |
| > submission of such information to the Secretary by all interested   |
| > persons; and                                                        |
| >                                                                     |
| > **(2)** submitting a written request for such information through   |
| > the Secretary of State to each country that exports exotic birds.   |
+-----------------------------------------------------------------------+
| **§ 4909. Petitions**                                                 |
+-----------------------------------------------------------------------+
| **(a)** In general                                                    |
|                                                                       |
| Any person may at any time submit to the Secretary a petition in      |
| writing requesting that the Secretary exercise authority of the       |
| Secretary under this chapter to---                                    |
|                                                                       |
| > **(1)** establish, modify, or terminate any prohibition,            |
| > suspension, or quota under this chapter on importation of any       |
| > species of exotic bird;                                             |
| >                                                                     |
| > **(2)** add a species of exotic bird to, or remove such a species   |
| > from, a list under section                                          |
| > [4905](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html) |
| > of this title; or                                                   |
| >                                                                     |
| > **(3)** determine under section                                     |
| > [4906](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004906----000-.html) |
| > of this title whether an exotic bird breeding facility is a         |
| > qualifying facility.                                                |
|                                                                       |
| **(b)** Consideration and ruling                                      |
|                                                                       |
| For each petition submitted to the Secretary in accordance with       |
| subsection (a) of this section, the Secretary shall---                |
|                                                                       |
| > **(1)** within 90 days after receiving the petition, issue and      |
| > publish in the Federal Register a preliminary ruling regarding      |
| > whether the petition presents sufficient information indicating     |
| > that the action requested in the petition might be warranted; and   |
| >                                                                     |
| > **(2)** for each petition determined to present such sufficient     |
| > information---                                                      |
| >                                                                     |
| > **(A)** provide an opportunity for the submission of public comment |
| > on the petition; and                                                |
| >                                                                     |
| > **(B)** issue and publish in the Federal Register a final ruling on |
| > the petition, by not later than 90 days after the end of the period |
| > for public comment.                                                 |
+-----------------------------------------------------------------------+
| **§ 4910. Prohibited acts**                                           |
+-----------------------------------------------------------------------+
| **(a)** Prohibitions                                                  |
|                                                                       |
| > **(1)** In general                                                  |
|                                                                       |
| Subject to paragraph (2), it is unlawful for any person to---         |
|                                                                       |
| > **(A)** import any exotic bird in violation of any prohibition,     |
| > suspension, or quota on importation under section                   |
| > [4904](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004904----000-.html) |
| > or                                                                  |
| > [4907](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004907----000-.html) |
| > of this title;                                                      |
| >                                                                     |
| > **(B)** import an exotic bird of a species that pursuant to section |
| > [4905](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html) |
| > [(a)(2)(B)](http://assembler.law.cor                                |
| nell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html#a_2_B) |
| > of this title is included in a list under section                   |
| > [4905](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004905----000-.html) |
| > of this title, if the bird was not captive bred at a qualifying     |
| > facility; or                                                        |
| >                                                                     |
| > **(C)** violate any regulation promulgated by the Secretary         |
| > pursuant to authority provided by this chapter.                     |
| >                                                                     |
| > **(2)** Limitation                                                  |
| >                                                                     |
| > Paragraph (1)(A) and (B) does not apply to importations made        |
| > incident to the transit of exotic birds through the United States   |
| > to foreign countries if the applicable requirements of the          |
| > Convention have been satisfied with respect to the trade in those   |
| > exotic birds.                                                       |
|                                                                       |
| **(b)** Burden of proof for exemptions                                |
|                                                                       |
| Any person claiming the benefit of any exemption or permit under this |
| chapter shall have the burden of proving that the exemption or permit |
| is applicable or has been granted, and was valid and in force at the  |
| time of the alleged violation.                                        |
+-----------------------------------------------------------------------+
| **§ 4911. Exemptions**                                                |
+-----------------------------------------------------------------------+
| Notwithstanding any prohibition, suspension, or quota under this      |
| chapter on the importation of a species of exotic bird, the Secretary |
| may, through the issuance of import permits, authorize the            |
| importation of a bird of the species if the Secretary determines that |
| such importation is not detrimental to the survival of the species    |
| and the bird is being imported exclusively for any of the following   |
| purposes:                                                             |
|                                                                       |
| > **(1)** Scientific research.                                        |
| >                                                                     |
| > **(2)** As a personally owned pet of an individual who is returning |
| > to the United States after being continuously out of the country    |
| > for a minimum of one year, except that an individual may not import |
| > more than 2 exotic birds under this paragraph in any year.          |
| >                                                                     |
| > **(3)** Zoological breeding or display programs.                    |
| >                                                                     |
| > **(4)** Cooperative breeding programs that are---                   |
| >                                                                     |
| > **(A)** designed to promote the conservation of the species and     |
| > maintain the species in the wild by enhancing the propagation and   |
| > survival of the species; and                                        |
| >                                                                     |
| > **(B)** developed and administered by, or in conjunction with, an   |
| > avicultural, conservation, or zoological organization that meets    |
| > standards developed by the Secretary.                               |
+-----------------------------------------------------------------------+
| ** 4912. Penalties and regulations**                                  |
+-----------------------------------------------------------------------+
| **(a)** Penalties                                                     |
|                                                                       |
| > **(1)** Civil penalties                                             |
| >                                                                     |
| > **(A)** Any person who knowingly violates, and any person engaged   |
| > in business as an importer of exotic birds who violates, section    |
| > [4910](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004910----000-.html) |
| > [(a)(1)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00004910----000-.html#a_1) |
| > or                                                                  |
| > (2) [\[1\]](http://assembler.law.cornell.e                          |
| du/uscode/html/uscode16/usc_sec_16_00004912----000-.html#FN-1%23FN-1) |
| > of this title or any permit issued under section                    |
| > [4911](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004911----000-.html) |
| > of this title may be assessed a civil penalty by the Secretary of   |
| > not more than \$25,000 for each violation.                          |
| >                                                                     |
| > **(B)** Any person who knowingly violates, and any person engaged   |
| > in business as an importer of exotic birds who violates, section    |
| > [4910](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004910----000-.html) |
| > [                                                                   |
| (a)(3)](http://assembler.law.cornell.edu/uscode/html/uscode16/usc_sec |
| _16_00004910----000-.html#a_3) [\[2\]](http://assembler.law.cornell.e |
| du/uscode/html/uscode16/usc_sec_16_00004912----000-.html#FN-2%23FN-2) |
| > of this title may be assessed a civil penalty by the Secretary of   |
| > not more than \$12,000 for each such violation.                     |
| >                                                                     |
| > **(C)** Any person who otherwise violates section                   |
| > [4910](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004910----000-.html) |
| > [(a)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00004910----000-.html#a) |
| > of this title or any permit issued under section                    |
| > [4911](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004911----000-.html) |
| > of this title may be assessed a civil penalty by the Secretary of   |
| > not more than \$500 for each such violation.                        |
| >                                                                     |
| > **(D)** A civil penalty under this section shall be assessed, and   |
| > may be collected, in the manner in which a civil penalty under the  |
| > Act of December 28, 1973 (Public Law 93--205)                       |
| > \[[16](http                                                         |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [1531](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html) |
| > et seq.\], may be assessed and collected under section              |
| > 111(a) [\[3\]](http://assembler.law.cornell.e                       |
| du/uscode/html/uscode16/usc_sec_16_00004912----000-.html#FN-3%23FN-3) |
| > of that Act                                                         |
| > \[[16](http                                                         |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| > U.S.C.                                                              |
| > [1540](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001540----000-.html) |
| > [(a)](http://assembler.law.co                                       |
| rnell.edu/uscode/html/uscode16/usc_sec_16_00001540----000-.html#a)\]. |
| >                                                                     |
| > **(2)** Criminal penalties                                          |
| >                                                                     |
| > **(A)** Any person who knowingly violates, and any person engaged   |
| > in business as an importer of exotic birds who violates, section    |
| > [4910](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004910----000-.html) |
| > [(a)(1)](http://assembler.law.c                                     |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00004910----000-.html#a_1) |
| > or                                                                  |
| > (2) [\[1\]](http://assembler.law.cornell.e                          |
| du/uscode/html/uscode16/usc_sec_16_00004912----000-.html#FN-1%23FN-1) |
| > of this title or any permit issued under section                    |
| > [4911](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004911----000-.html) |
| > of this title shall be fined under title 18 or imprisoned for not   |
| > more than 2 years, or both.                                         |
| >                                                                     |
| > **(B)** Any person who knowingly violates section                   |
| > [4910](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004910----000-.html) |
| > [                                                                   |
| (a)(3)](http://assembler.law.cornell.edu/uscode/html/uscode16/usc_sec |
| _16_00004910----000-.html#a_3) [\[2\]](http://assembler.law.cornell.e |
| du/uscode/html/uscode16/usc_sec_16_00004912----000-.html#FN-2%23FN-2) |
| > of this title shall be fined under title 18, imprisoned not more    |
| > than 6 months, or both.                                             |
|                                                                       |
| **(b)** District court jurisdiction                                   |
|                                                                       |
| The several district courts of the United States, including the       |
| courts enumerated in section                                          |
| [460](http://assembler.l                                              |
| aw.cornell.edu/uscode/html/uscode28/usc_sec_28_00000460----000-.html) |
| of title                                                              |
| [28](http:                                                            |
| //assembler.law.cornell.edu/uscode/html/uscode28/usc_sup_01_28.html), |
| shall have jurisdiction over any action arising under this chapter.   |
| For the purposes of this chapter, American Samoa shall be included in |
| the Judicial District of the District Court of the United States for  |
| the District of Hawaii, and the Trust Territory of Palau and the      |
| Northern Marianas shall be included in the Judicial District of the   |
| District Court of the United States for the District of Guam.         |
|                                                                       |
| **(c)** Other enforcement                                             |
|                                                                       |
| The importation of an exotic bird is deemed to be transportation of   |
| wildlife for purposes of section 3(a) of the Lacey Act Amendments of  |
| 1981                                                                  |
| ([16](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| U.S.C.                                                                |
| [3372](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html) |
| [(a)](http://assembler.law.c                                          |
| ornell.edu/uscode/html/uscode16/usc_sec_16_00003372----000-.html#a)). |
|                                                                       |
| **(d)** Regulations                                                   |
|                                                                       |
| The Secretary shall prescribe regulations that are necessary and      |
| appropriate to carry out the purposes of this chapter.                |
|                                                                       |
| **(e)** Savings provisions                                            |
|                                                                       |
| The authority of the Secretary under this chapter is in addition to   |
| and shall not affect the authority of the Secretary under the         |
| Endangered Species Act of 1973                                        |
| ([16](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| U.S.C.                                                                |
| [1531](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00001531----000-.html) |
| et seq.) or diminish the authority of the Secretary under the Lacey   |
| Act Amendments of 1981                                                |
| ([16](http                                                            |
| ://assembler.law.cornell.edu/uscode/html/uscode16/usc_sup_01_16.html) |
| U.S.C.                                                                |
| [3371](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00003371----000-.html) |
| et seq.). Nothing in this chapter shall be construed as repealing,    |
| superseding, or modifying any provision of Federal law.               |
+-----------------------------------------------------------------------+
| **§ 4913. Exotic bird conservation assistance**                       |
+-----------------------------------------------------------------------+
| **(a)** Assistance                                                    |
|                                                                       |
| The Secretary, subject to the availability of appropriations, shall   |
| use amounts in the Exotic Bird Conservation Fund established by       |
| subsection (b) of this section to provide financial and technical     |
| assistance for projects to conserve exotic birds in their native      |
| countries. In selecting projects for assistance, the Secretary shall  |
| give particular attention to species that are subject to an import    |
| moratorium or quota under this chapter, in order to assist those      |
| countries in the development and implementation of conservation       |
| management programs, or law enforcement, or both.                     |
|                                                                       |
| **(b)** Fund                                                          |
|                                                                       |
| > **(1)** Establishment                                               |
| >                                                                     |
| > There is established in the Treasury a separate account, which      |
| > shall be known as the "Exotic Bird Conservation Fund".              |
| >                                                                     |
| > **(2)** Contents                                                    |
| >                                                                     |
| > The Fund shall consist of---                                        |
| >                                                                     |
| > **(A)** all amounts received by the United States in the form of    |
| > penalties, fines, or forfeiture of property collected under this    |
| > chapter in excess of the cost of paying rewards under section       |
| > [4912](http://assembler.l                                           |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004912----000-.html) |
| > [(c)](http://assembler.law                                          |
| .cornell.edu/uscode/html/uscode16/usc_sec_16_00004912----000-.html#c) |
| > of this title;                                                      |
| >                                                                     |
| > **(B)** donations received by the Secretary for exotic bird         |
| > conservation; and                                                   |
| >                                                                     |
| > **(C)** such amounts as are appropriated to the Secretary for       |
| > conserving exotic birds.                                            |
|                                                                       |
| **(c)** Review and report on other conservation opportunities         |
|                                                                       |
| The Secretary, in consultation with appropriate representatives of    |
| industry, the conservation community, the Secretariat of the          |
| Convention, and other national and international bodies, shall---     |
|                                                                       |
| > **(1)** review opportunities for a voluntary program of labeling    |
| > exotic birds, certification of exotic bird breeding facilities and  |
| > retail outlets, and provision of privately organized or funded      |
| > technical assistance to other nations; and                          |
| >                                                                     |
| > **(2)** report to the Congress the results of this review within 2  |
| > years after October 23, 1992.                                       |
+-----------------------------------------------------------------------+
| **§ 4914. Marking and recordkeeping**                                 |
+-----------------------------------------------------------------------+
| **(a)** In general                                                    |
|                                                                       |
| The Secretary is authorized to promulgate regulations to require      |
| marking or recordkeeping that the Secretary determines will           |
| contribute significantly to the ability of the Secretary to ensure    |
| compliance with the prohibitions of section                           |
| [4910](http://assembler.l                                             |
| aw.cornell.edu/uscode/html/uscode16/usc_sec_16_00004910----000-.html) |
| of this title, for---                                                 |
|                                                                       |
| > **(1)** any exotic bird that is imported after October 23, 1992; or |
| >                                                                     |
| > **(2)** any other exotic bird that is---                            |
| >                                                                     |
| > **(A)** hatched after October 23, 1992;                             |
| >                                                                     |
| > **(B)** offered for sale; and                                       |
| >                                                                     |
| > **(C)** of a species---                                             |
| >                                                                     |
| > **(i)** the export of which from any country of origin is           |
| > prohibited; and                                                     |
| >                                                                     |
| > **(ii)** that is subject to a high level of illegal trade.          |
|                                                                       |
| **(b)** Avoiding deterrence of breeding                               |
|                                                                       |
| The Secretary shall seek to ensure that regulations promulgated under |
| this section will not have the effect of deterring captive breeding   |
| of exotic birds.                                                      |
+-----------------------------------------------------------------------+
| **§ 4915. Authorization of appropriations**                           |
+-----------------------------------------------------------------------+
| There are authorized to be appropriated to the Secretary \$5,000,000  |
| for each of the fiscal years 1993, 1994, and 1995 to carry out this   |
| chapter, to remain available until expended.                          |
+-----------------------------------------------------------------------+
| **§ 4916. Relationship to State law**                                 |
+-----------------------------------------------------------------------+
| Nothing in this chapter may be construed as precluding the regulation |
| under State law of the sale, transfer, or possession of exotic birds  |
| if such regulation---                                                 |
|                                                                       |
| > **(1)** does not authorize any sale, transfer, or possession of     |
| > exotic birds that is prohibited under this chapter; and             |
| >                                                                     |
| > **(2)** is consistent with the international obligations of the     |
| > United States.                                                      |
+-----------------------------------------------------------------------+