Title 16 — Conservation
Chapter 69 — Wild Exotic Bird Conservation
§ 4907. Moratoria for species not covered by Convention
Statutory text
In general
The Secretary shall—
review periodically the trade in species of exotic birds that are not listed in any Appendix to the Convention; and
after notice and an opportunity for public comment, establish a moratorium or quota on—
importation of any species of exotic birds from one or more countries of origin for the species, if the Secretary determines that—
the findings described in section 4905(c)(2), (3), and (4) of this title cannot be made with respect to the species; and
the moratorium or quota is necessary for the conservation of the species or is otherwise consistent with the purpose of this chapter; or
the importation of all species of exotic birds from a particular country, if—
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
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.
Termination of quota or moratorium
The Secretary shall terminate a quota or moratorium established under subsection (a) if the Secretary finds that the reasons for establishing the quota or moratorium no longer exist.
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 § 108 · 106 Stat. 2224
Enacted · 16 U.S.C. § 4907
(Pub. L. 102–440, title I, § 108, Oct. 23, 1992, 106 Stat. 2229.)
Source evidence
Code source credit
(Pub. L. 102–440, title I, § 108, Oct. 23, 1992, 106 Stat. 2229.)Enacted provision · exact public law section
SEC. 108. MORATORIA FOR SPECIES NOT COVERED BY CONVENTION. (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 106(c) (2), (3), and (4) 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 title; 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 title. (b) Termination of Quota or Moratorium.— The Secretary shall terminate a quota or moratorium established under subsection (a) if the Secretary finds that the reasons for establishing the quota or moratorium no longer exist.
1 of 1 references resolved to an enrolled provision