§ 4910. — Prohibited acts.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 16USC4910]
TITLE 16--CONSERVATION
CHAPTER 69--WILD EXOTIC BIRD CONSERVATION
Sec. 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 or 4907
of this title;
(B) import an exotic bird of a species that pursuant to
section 4905(a)(2)(B) of this title is included in a list under
section 4905 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.
(Pub. L. 102-440, title I, Sec. 111, Oct. 23, 1992, 106 Stat. 2230.)
Section Referred to in Other Sections
This section is referred to in sections 4912, 4914 of this title.