US (United States) Code. Title 16. Chapter 69: Wild exotic bird

Codificación normativa de EEUU (Estados Unidos) Legislación Federal estadounidense # Conservation

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16 USC CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION

.

-HEAD-

CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION

-MISC1-

Sec.

4901. Findings.

4902. Statement of purpose.

4903. Definitions.

4904. Moratoria on imports of exotic birds covered by Convention.

(a) Immediate moratorium.

(b) Emergency authority to suspend imports of listed

species.

(c) Moratorium after one year for other species

listed in Appendices.

(d) Limitation on number imported during first year.

4905. List of approved species.

(a) Listing.

(b) Captive bred species.

(c) Non-captive bred species.

4906. Qualifying facilities.

(a) Determination.

(b) Criteria.

4907. Moratoria for species not covered by Convention.

(a) In general.

(b) Termination of quota or moratorium.

4908. Call for information.

4909. Petitions.

(a) In general.

(b) Consideration and ruling.

4910. Prohibited acts.

(a) Prohibitions.

(b) Burden of proof for exemptions.

4911. Exemptions.

4912. Penalties and regulations.

(a) Penalties.

(b) District court jurisdiction.

(c) Other enforcement.

(d) Regulations.

(e) Savings provisions.

4913. Exotic bird conservation assistance.

(a) Assistance.

(b) Fund.

(c) Review and report on other conservation

opportunities.

4914. Marking and recordkeeping.

(a) In general.

(b) Avoiding deterrence of breeding.

4915. Authorization of appropriations.

4916. Relationship to State law.

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16 USC Sec. 4901 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION

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Sec. 4901. Findings

-STATUTE-

The Congress finds the following:

(1) In addition to habitat loss and local use, the

international pet trade in wild-caught exotic birds is

contributing to the decline of species in the wild, and the

mortality associated with the trade remains unacceptably high.

(2) The United States, as the world's largest importer of

exotic birds and as a Party to the Convention, should play a

substantial role in finding effective solutions to these

problems, including assisting countries of origin in implementing

programs of wild bird conservation, and ensuring that the market

in the United States for exotic birds does not operate to the

detriment of the survival of species in the wild.

(3) Sustainable utilization of exotic birds has the potential

to create economic value in them and their habitats, which will

contribute to their conservation and promote the maintenance of

biological diversity generally.

(4) Utilization of exotic birds that is not sustainable should

not be allowed.

(5) Broad international attention has focused on the serious

conservation and welfare problems which currently exist in the

trade in wild-caught animals, including exotic birds.

(6) Many countries have chosen not to export their wild birds

for the pet trade. Their decisions should be respected and their

efforts should be supported.

(7) Several countries that allow for the export of their wild

birds often lack the means to develop or effectively implement

scientifically based management plans, and these countries should

be assisted in developing and implementing management plans to

enable them to ensure that their wild bird trade is conducted

humanely and at sustainable levels.

(8) The major exotic bird exporting countries are Parties to

the Convention.

(9) The Convention recognizes that trade in species that are

threatened with extinction, or that may become so, should be

subject to strict regulation.

(10) The necessary population assessments, monitoring programs,

and appropriate remedial measures for species listed in Appendix

II of the Convention are not always being undertaken in order to

maintain species at levels above which they might become eligible

for inclusion in Appendix I of the Convention.

(11) Resolutions adopted pursuant to the Convention recommend

that the Parties to the Convention take appropriate measures

regarding trade in species of exotic birds that have

significantly high mortality rates in transport, including

suspension of trade for commercial purposes between Parties when

appropriate.

(12) Article XIV provides that the Convention in no way affects

the right of any Party to the Convention to adopt stricter

domestic measures for the regulation of trade in all species,

whether or not listed in an Appendix to the Convention.

(13) The United States prohibits the export of all birds native

to the United States that are caught in the wild.

(14) This chapter provides a series of nondiscriminatory

measures that are necessary for the conservation of exotic birds,

and furthers the obligations of the United States under the

Convention.

-SOURCE-

(Pub. L. 102-440, title I, Sec. 102, Oct. 23, 1992, 106 Stat.

2224.)

-MISC1-

SHORT TITLE

Section 101 of title I of Pub. L. 102-440 provided that: ''This

title (enacting this chapter) may be cited as the 'Wild Bird

Conservation Act of 1992'.''

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16 USC Sec. 4902 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION

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Sec. 4902. Statement of purpose

-STATUTE-

The purpose of this chapter is to promote the conservation of

exotic birds by -

(1) assisting wild bird conservation and management programs in

the countries of origin of wild birds;

(2) ensuring that all trade in species of exotic birds

involving the United States is biologically sustainable and is

not detrimental to the species;

(3) limiting or prohibiting imports of exotic birds when

necessary to ensure that -

(A) wild exotic bird populations are not harmed by removal of

exotic birds from the wild for the trade; or

(B) exotic birds in trade are not subject to inhumane

treatment; and

(4) encouraging and supporting effective implementation of the

Convention.

-SOURCE-

(Pub. L. 102-440, title I, Sec. 103, Oct. 23, 1992, 106 Stat.

2225.)

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16 USC Sec. 4903 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION

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Sec. 4903. Definitions

-STATUTE-

In this chapter -

(1) The term ''Convention'' means the Convention on

International Trade in Endangered Species of Wild Fauna and

Flora, as amended, signed in Washington on March 3, 1973, and the

Appendices thereto.

(2) The term ''exotic bird'' -

(A) means any live or dead member of the class Aves that is

not indigenous to the 50 States or the District of Columbia,

including any egg or offspring thereof; and

(B) does not include -

(i) domestic poultry, dead sport-hunted birds, dead museum

specimens, dead scientific specimens, or products

manufactured from such birds; or

(ii) birds in the following families: Phasianidae,

Numididae, Cracidae, Meleagrididae, Megapodiidae, Anatidae,

Struthionidae, Rheidae, Dromaiinae, and Gruidae.

(3) Each of the terms ''import'' and ''importation'' means to

land on, bring into, or introduce into, or attempt to land on,

bring into, or introduce into, any place subject to the

jurisdiction of the United States.

(4) The term ''person'' means an individual, corporation,

partnership, trust, association, or any other private entity; or

any officer, employee, agent, department, or instrumentality of

the Federal Government, of any State, municipality, or political

subdivision of a State, or of any foreign government; any State,

municipality, or political subdivision of a State; or any other

entity subject to the jurisdiction of the United States.

(5) The term ''qualifying facility'' means an exotic bird

breeding facility that is included in a list published by the

Secretary under section 4906 of this title.

(6) The term ''Secretary'' means the Secretary of the Interior

or a designee of the Secretary of the Interior.

(7) The term ''species'' -

(A) means any species, any subspecies, or any distinct

population segment of a species or subspecies; and

(B) includes hybrids of any species or subspecies.

(8) The term ''United States'' means the 50 States, the

District of Columbia, the Commonwealth of Puerto Rico, American

Samoa, the Virgin Islands, Guam, the Commonwealth of the Northern

Mariana Islands, and the Trust Territory of the Pacific Islands.

-SOURCE-

(Pub. L. 102-440, title I, Sec. 104, Oct. 23, 1992, 106 Stat.

2225.)

-TRANS-

TERMINATION OF TRUST TERRITORY OF THE PACIFIC ISLANDS

For termination of Trust Territory of the Pacific Islands, see

note set out preceding section 1681 of Title 48, Territories and

Insular Possessions.

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16 USC Sec. 4904 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION

-HEAD-

Sec. 4904. Moratoria on imports of exotic birds covered by

Convention

-STATUTE-

(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.

-SOURCE-

(Pub. L. 102-440, title I, Sec. 105, Oct. 23, 1992, 106 Stat.

2226.)

-REFTEXT-

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.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4905, 4910 of this title.

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16 USC Sec. 4905 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION

-HEAD-

Sec. 4905. List of approved species

-STATUTE-

(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.

-SOURCE-

(Pub. L. 102-440, title I, Sec. 106, Oct. 23, 1992, 106 Stat.

2227.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4904, 4907, 4909, 4910 of

this title.

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16 USC Sec. 4906 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION

-HEAD-

Sec. 4906. Qualifying facilities

-STATUTE-

(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.

-SOURCE-

(Pub. L. 102-440, title I, Sec. 107, Oct. 23, 1992, 106 Stat.

2228.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4903, 4909 of this title.

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16 USC Sec. 4907 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION

-HEAD-

Sec. 4907. Moratoria for species not covered by Convention

-STATUTE-

(a) In general

The Secretary shall -

(1) review periodically the trade in species of exotic birds

that are not listed in any Appendix to the Convention; and

(2) after notice and an opportunity for public comment,

establish a moratorium or quota on -

(A) importation of any species of exotic birds from one or

more countries of origin for the species, if the Secretary

determines that -

(i) the findings described in section 4905(c)(2), (3), and

(4) of this title cannot be made with respect to the species;

and

(ii) the moratorium or quota is necessary for the

conservation of the species or is otherwise consistent with

the purpose of this chapter; or

(B) the importation of all species of exotic birds from a

particular country, if -

(i) the country has not developed and implemented a

management program for exotic birds in trade generally, that

ensures both the conservation and the humane treatment of

exotic birds during capture, transport, and maintenance; and

(ii) the Secretary finds that the moratorium or quota is

necessary for the conservation of the species or is otherwise

consistent with the purpose of this chapter.

(b) Termination of quota or moratorium

The Secretary shall terminate a quota or moratorium established

under subsection (a) of this section if the Secretary finds that

the reasons for establishing the quota or moratorium no longer

exist.

-SOURCE-

(Pub. L. 102-440, title I, Sec. 108, Oct. 23, 1992, 106 Stat.

2229.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4910 of this title.

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16 USC Sec. 4908 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION

-HEAD-

Sec. 4908. Call for information

-STATUTE-

Within one month after October 23, 1992, the Secretary shall

issue a call for information on the wild bird conservation program

of each country that exports exotic birds, by -

(1) publishing a notice in the Federal Register requesting

submission of such information to the Secretary by all interested

persons; and

(2) submitting a written request for such information through

the Secretary of State to each country that exports exotic birds.

-SOURCE-

(Pub. L. 102-440, title I, Sec. 109, Oct. 23, 1992, 106 Stat.

2229.)

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16 USC Sec. 4909 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION

-HEAD-

Sec. 4909. Petitions

-STATUTE-

(a) In general

Any person may at any time submit to the Secretary a petition in

writing requesting that the Secretary exercise authority of the

Secretary under this chapter to -

(1) establish, modify, or terminate any prohibition,

suspension, or quota under this chapter on importation of any

species of exotic bird;

(2) add a species of exotic bird to, or remove such a species

from, a list under section 4905 of this title; or

(3) determine under section 4906 of this title whether an

exotic bird breeding facility is a qualifying facility.

(b) Consideration and ruling

For each petition submitted to the Secretary in accordance with

subsection (a) of this section, the Secretary shall -

(1) within 90 days after receiving the petition, issue and

publish in the Federal Register a preliminary ruling regarding

whether the petition presents sufficient information indicating

that the action requested in the petition might be warranted; and

(2) for each petition determined to present such sufficient

information -

(A) provide an opportunity for the submission of public

comment on the petition; and

(B) issue and publish in the Federal Register a final ruling

on the petition, by not later than 90 days after the end of the

period for public comment.

-SOURCE-

(Pub. L. 102-440, title I, Sec. 110, Oct. 23, 1992, 106 Stat.

2229.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4906 of this title.

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16 USC Sec. 4910 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION

-HEAD-

Sec. 4910. Prohibited acts

-STATUTE-

(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.

-SOURCE-

(Pub. L. 102-440, title I, Sec. 111, Oct. 23, 1992, 106 Stat.

2230.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in sections 4912, 4914 of this title.

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16 USC Sec. 4911 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION

-HEAD-

Sec. 4911. Exemptions

-STATUTE-

Notwithstanding any prohibition, suspension, or quota under this

chapter on the importation of a species of exotic bird, the

Secretary may, through the issuance of import permits, authorize

the importation of a bird of the species if the Secretary

determines that such importation is not detrimental to the survival

of the species and the bird is being imported exclusively for any

of the following purposes:

(1) Scientific research.

(2) As a personally owned pet of an individual who is returning

to the United States after being continuously out of the country

for a minimum of one year, except that an individual may not

import more than 2 exotic birds under this paragraph in any year.

(3) Zoological breeding or display programs.

(4) Cooperative breeding programs that are -

(A) designed to promote the conservation of the species and

maintain the species in the wild by enhancing the propagation

and survival of the species; and

(B) developed and administered by, or in conjunction with, an

avicultural, conservation, or zoological organization that

meets standards developed by the Secretary.

-SOURCE-

(Pub. L. 102-440, title I, Sec. 112, Oct. 23, 1992, 106 Stat.

2230.)

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4912 of this title.

-CITE-

16 USC Sec. 4912 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION

-HEAD-

Sec. 4912. Penalties and regulations

-STATUTE-

(a) Penalties

(1) Civil penalties

(A) Any person who knowingly violates, and any person engaged

in business as an importer of exotic birds who violates, section

4910(a)(1) or (2) (FOOTNOTE 1) of this title or any permit issued

under section 4911 of this title may be assessed a civil penalty

by the Secretary of not more than $25,000 for each violation.

(FOOTNOTE 1) So in original. Probably should be section

''4910(a)(1)(A) or (B)''.

(B) Any person who knowingly violates, and any person engaged

in business as an importer of exotic birds who violates, section

4910(a)(3) (FOOTNOTE 2) of this title may be assessed a civil

penalty by the Secretary of not more than $12,000 for each such

violation.

(FOOTNOTE 2) So in original. Probably should be section

''4910(a)(1)(C)''.

(C) Any person who otherwise violates section 4910(a) of this

title or any permit issued under section 4911 of this title may

be assessed a civil penalty by the Secretary of not more than

$500 for each such violation.

(D) A civil penalty under this section shall be assessed, and

may be collected, in the manner in which a civil penalty under

the Act of December 28, 1973 (Public Law 93-205) (16 U.S.C. 1531

et seq.), may be assessed and collected under section 111(a)

(FOOTNOTE 3) of that Act (16 U.S.C. 1540(a)).

(FOOTNOTE 3) So in original. Probably should be section

''11(a)''.

(2) Criminal penalties

(A) Any person who knowingly violates, and any person engaged

in business as an importer of exotic birds who violates, section

4910(a)(1) or (2) (FOOTNOTE 1) of this title or any permit issued

under section 4911 of this title shall be fined under title 18 or

imprisoned for not more than 2 years, or both.

(B) Any person who knowingly violates section 4910(a)(3)

(FOOTNOTE 2) of this title shall be fined under title 18,

imprisoned not more than 6 months, or both.

(b) District court jurisdiction

The several district courts of the United States, including the

courts enumerated in section 460 of title 28, shall have

jurisdiction over any action arising under this chapter. For the

purposes of this chapter, American Samoa shall be included in the

Judicial District of the District Court of the United States for

the District of Hawaii, and the Trust Territory of Palau and the

Northern Marianas shall be included in the Judicial District of the

District Court of the United States for the District of Guam.

(c) Other enforcement

The importation of an exotic bird is deemed to be transportation

of wildlife for purposes of section 3(a) of the Lacey Act

Amendments of 1981 (16 U.S.C. 3372(a)).

(d) Regulations

The Secretary shall prescribe regulations that are necessary and

appropriate to carry out the purposes of this chapter.

(e) Savings provisions

The authority of the Secretary under this chapter is in addition

to and shall not affect the authority of the Secretary under the

Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.) or diminish

the authority of the Secretary under the Lacey Act Amendments of

1981 (16 U.S.C. 3371 et seq.). Nothing in this chapter shall be

construed as repealing, superseding, or modifying any provision of

Federal law.

-SOURCE-

(Pub. L. 102-440, title I, Sec. 113, Oct. 23, 1992, 106 Stat.

2231.)

-REFTEXT-

REFERENCES IN TEXT

Act of December 28, 1973, referred to in subsec. (a)(1)(D), and

the Endangered Species Act of 1973, referred to in subsec. (e), are

Pub. L. 93-205, Dec. 28, 1973, 87 Stat. 884, as amended, which is

classified generally to chapter 35 (Sec. 1531 et seq.) of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 1531 of this title and

Tables.

The Lacey Act Amendments of 1981, referred to in subsec. (e), is

Pub. L. 97-79, Nov. 16, 1981, 95 Stat. 1073, as amended, which

enacted chapter 53 (Sec. 3371 et seq.) of this title, amended

section 1540 of this title and section 42 of Title 18, Crimes and

Criminal Procedure, repealed sections 667e and 851 to 856 of this

title and sections 43, 44, 3054, and 3112 of Title 18, and enacted

provisions set out as notes under sections 1540 and 3371 of this

title. For complete classification of this Act to the Code, see

Short Title note set out under section 3371 of this title and

Tables.

-TRANS-

TERMINATION OF TRUST TERRITORY

For termination of Trust Territory of Palau and Northern

Marianas, see note set out preceding section 1681 of Title 48,

Territories and Insular Possessions.

-SECREF-

SECTION REFERRED TO IN OTHER SECTIONS

This section is referred to in section 4913 of this title.

-CITE-

16 USC Sec. 4913 01/06/03

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TITLE 16 - CONSERVATION

CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION

-HEAD-

Sec. 4913. Exotic bird conservation assistance

-STATUTE-

(a) Assistance

The Secretary, subject to the availability of appropriations,

shall use amounts in the Exotic Bird Conservation Fund established

by subsection (b) of this section to provide financial and

technical assistance for projects to conserve exotic birds in their

native countries. In selecting projects for assistance, the

Secretary shall give particular attention to species that are

subject to an import moratorium or quota under this chapter, in

order to assist those countries in the development and

implementation of conservation management programs, or law

enforcement, or both.

(b) Fund

(1) Establishment

There is established in the Treasury a separate account, which

shall be known as the ''Exotic Bird Conservation Fund''.

(2) Contents

The Fund shall consist of -

(A) all amounts received by the United States in the form of

penalties, fines, or forfeiture of property collected under

this chapter in excess of the cost of paying rewards under

section 4912(c) of this title;

(B) donations received by the Secretary for exotic bird

conservation; and

(C) such amounts as are appropriated to the Secretary for

conserving exotic birds.

(c) Review and report on other conservation opportunities

The Secretary, in consultation with appropriate representatives

of industry, the conservation community, the Secretariat of the

Convention, and other national and international bodies, shall -

(1) review opportunities for a voluntary program of labeling

exotic birds, certification of exotic bird breeding facilities

and retail outlets, and provision of privately organized or

funded technical assistance to other nations; and

(2) report to the Congress the results of this review within 2

years after October 23, 1992.

-SOURCE-

(Pub. L. 102-440, title I, Sec. 114, Oct. 23, 1992, 106 Stat.

2232.)

-CITE-

16 USC Sec. 4914 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION

-HEAD-

Sec. 4914. Marking and recordkeeping

-STATUTE-

(a) In general

The Secretary is authorized to promulgate regulations to require

marking or recordkeeping that the Secretary determines will

contribute significantly to the ability of the Secretary to ensure

compliance with the prohibitions of section 4910 of this title, for

-

(1) any exotic bird that is imported after October 23, 1992; or

(2) any other exotic bird that is -

(A) hatched after October 23, 1992;

(B) offered for sale; and

(C) of a species -

(i) the export of which from any country of origin is

prohibited; and

(ii) that is subject to a high level of illegal trade.

(b) Avoiding deterrence of breeding

The Secretary shall seek to ensure that regulations promulgated

under this section will not have the effect of deterring captive

breeding of exotic birds.

-SOURCE-

(Pub. L. 102-440, title I, Sec. 115, Oct. 23, 1992, 106 Stat.

2232.)

-CITE-

16 USC Sec. 4915 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION

-HEAD-

Sec. 4915. Authorization of appropriations

-STATUTE-

There are authorized to be appropriated to the Secretary

$5,000,000 for each of the fiscal years 1993, 1994, and 1995 to

carry out this chapter, to remain available until expended.

-SOURCE-

(Pub. L. 102-440, title I, Sec. 116, Oct. 23, 1992, 106 Stat.

2233.)

-CITE-

16 USC Sec. 4916 01/06/03

-EXPCITE-

TITLE 16 - CONSERVATION

CHAPTER 69 - WILD EXOTIC BIRD CONSERVATION

-HEAD-

Sec. 4916. Relationship to State law

-STATUTE-

Nothing in this chapter may be construed as precluding the

regulation under State law of the sale, transfer, or possession of

exotic birds if such regulation -

(1) does not authorize any sale, transfer, or possession of

exotic birds that is prohibited under this chapter; and

(2) is consistent with the international obligations of the

United States.

-SOURCE-

(Pub. L. 102-440, title I, Sec. 117, Oct. 23, 1992, 106 Stat.

2233.)

-CITE-