§ 4905. — List of approved species.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4905]
TITLE 16--CONSERVATION
CHAPTER 69--WILD EXOTIC BIRD CONSERVATION
Sec. 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(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.
(Pub. L. 102-440, title I, Sec. 106, Oct. 23, 1992, 106 Stat. 2227.)
Section Referred to in Other Sections
This section is referred to in sections 4904, 4907, 4909, 4910 of
this title.
