§ 4906. — Qualifying facilities.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4906]
TITLE 16--CONSERVATION
CHAPTER 69--WILD EXOTIC BIRD CONSERVATION
Sec. 4906. Qualifying facilities
(a) Determination
Upon submission of a petition under section 4909 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.
(Pub. L. 102-440, title I, Sec. 107, Oct. 23, 1992, 106 Stat. 2228.)
Section Referred to in Other Sections
This section is referred to in sections 4903, 4909 of this title.
