Title 16 — Conservation
Chapter 69 — Wild Exotic Bird Conservation
§ 4910. Prohibited acts
Statutory text
Prohibitions
In general
Subject to paragraph (2), it is unlawful for any person to—
import any exotic bird in violation of any prohibition, suspension, or quota on importation under section 4904 or 4907 of this title;
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
violate any regulation promulgated by the Secretary pursuant to authority provided by this chapter.
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.
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.
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 § 111 · 106 Stat. 2224
Enacted · 16 U.S.C. § 4910
(Pub. L. 102–440, title I, § 111, Oct. 23, 1992, 106 Stat. 2230.)
Source evidence
Code source credit
(Pub. L. 102–440, title I, § 111, Oct. 23, 1992, 106 Stat. 2230.)Enacted provision · exact public law section
SEC. 111. PROHIBITED ACTS. (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 105 or 108; (B) import an exotic bird of a species that pursuant to section 106(a)(2)(B) is included in a list under section 106, 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 title. (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 title 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.
1 of 1 references resolved to an enrolled provision