16 USC 4904 - Moratoria on imports of exotic birds covered by Convention

U.S Code last checked for updates: May 01, 2024

§ 4904.

Moratoria on imports of exotic birds covered by Convention

(a)

Immediate moratorium

(1)

Establishment of moratorium

(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

(c)

Moratorium after one year for other species listed in appendices

(d)

Limitation on number imported during first year

(Pub. L. 102–440, title I, § 105, Oct. 23, 1992, 106 Stat. 2226.)

cite as: 16 USC 4904