Title 16 — Conservation
Chapter 69 — Wild Exotic Bird Conservation
§ 4906. Qualifying facilities
Statutory text
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.
Criteria
The Secretary shall determine under subsection (a) that a facility is a qualifying facility for a species of exotic birds if the Secretary finds each of the following:
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.
The facility is operated in a manner that is not detrimental to the survival of the species in the wild.
The facility is operated in a humane manner.
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.
The country in which the facility is located is a Party to the Convention.
All birds exported from the facility are bred at the facility.
Legislative history
Reconstructed from this section’s Code source credit and amendment notes, resolved against the local Statutes at Large. Editorial notes are evidence, not the law that made the change.
Wild Bird Conservation Act of 1992
Pub. L. 102–440 title I § 107 · 106 Stat. 2224
Enacted · 16 U.S.C. § 4906
(Pub. L. 102–440, title I, § 107, Oct. 23, 1992, 106 Stat. 2228.)
Source evidence
Code source credit
(Pub. L. 102–440, title I, § 107, Oct. 23, 1992, 106 Stat. 2228.)Enacted provision · exact public law section
SEC. 107. QUALIFYING FACILITIES. (a) Determination.— Upon submission of a petition under section 110 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, Federal Register, publication. 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) 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.
1 of 1 references resolved to an enrolled provision