§ 4904. — Moratoria on imports of exotic birds covered by Convention.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4904]
TITLE 16--CONSERVATION
CHAPTER 69--WILD EXOTIC BIRD CONSERVATION
Sec. 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(c) of this
title for the species and includes the species in the list
published under section 4905(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(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(c) of this title and includes the species in the
list published under section 4905(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(c) of this title and includes the
species in the list published under section 4905(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.
(Pub. L. 102-440, title I, Sec. 105, Oct. 23, 1992, 106 Stat. 2226.)
References in Text
This chapter, referred to in subsec. (d), was in the original ``this
Act'' and was translated as reading ``this title'', meaning title I of
Pub. L. 102-440, known as the Wild Bird Conservation Act of 1992, to
reflect the probable intent of Congress.
Section Referred to in Other Sections
This section is referred to in sections 4905, 4910 of this title.
