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Title 16 — Conservation

Chapter 69 — Wild Exotic Bird Conservation

§ 4909. Petitions

Statutory text

(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), 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.

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.

  1. Wild Bird Conservation Act of 1992

    Pub. L. 102–440 title I § 110 · 106 Stat. 2224

    Enacted · 16 U.S.C. § 4909

    (Pub. L. 102–440, title I, § 110, Oct. 23, 1992, 106 Stat. 2229.)

    Source evidence

    Code source credit
    (Pub. L. 102–440, title I, § 110, Oct. 23, 1992, 106 Stat. 2229.)

    Enacted provision · exact public law section
    SEC. 110. PETITIONS. (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 title to— (1) establish, modify, or terminate any prohibition, suspension, or quota under this title 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 106; or (3) determine under section 107 whether an exotic bird breeding facility is a qualifying facility. (b) Consideration and Ruling.— For each petition submitted Federal Register, publication. to the Secretary in accordance with subsection (a), 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.

1 of 1 references resolved to an enrolled provision

Credits

(Pub. L. 102–440, title I, § 110, , 106 Stat. 2229.)

Parsed from the official OLRC USLM XML in data/usc_all/usc16.xml · release point 119-108 · OLRC build 2026-07-16

USLM identifier /us/usc/t16/s4909