§ 4901. — Findings.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4901]
TITLE 16--CONSERVATION
CHAPTER 69--WILD EXOTIC BIRD CONSERVATION
Sec. 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.
(Pub. L. 102-440, title I, Sec. 102, Oct. 23, 1992, 106 Stat. 2224.)
Short Title
Section 101 of title I of Pub. L. 102-440 provided that: ``This
title [enacting this chapter] may be cited as the `Wild Bird
Conservation Act of 1992'.''
