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16 U.S.C. § 4905 — List of approved species

submitted 34 years ago by Pub. L. 102-440 to r/title-16-CONSERVATION · 463 words · no verdicts yet

in plain englishAI-generated · not legal advice

The Secretary must publish a list of Appendix-listed exotic-bird species that may be imported, identified by origin country and sometimes qualifying facility. The listing requires scientific and regulatory findings, with separate rules for captive-bred and non-captive-bred species.

(a)(1) One year after October 23, 1992, and periodically afterward, after notice and public comment, the Secretary must publish in the Federal Register species listed in a Convention Appendix that are not otherwise barred or suspended under section 4904(a), (b), or (c). (2) The Secretary must identify the origin countries from which each listed species may be imported and, when appropriate, the qualifying facilities in those countries. (3) The Secretary must use the best available science and consider the adequacy of regulatory and enforcement systems in every origin country, including systems against illegal trade.
(b) The Secretary must list a species if the Secretary finds either (1) it is regularly bred in captivity and no wild-caught birds of that species are traded, or (2) it is bred at a qualifying facility.
(c) For a species not covered by subsection (b), the Secretary must list an Appendix-listed species if the Convention is being effectively applied to it because: (1) Every listed origin country effectively applies the Convention, especially by (A) establishing a scientific or equivalent authority, (B) meeting Article IV requirements for the species, and (C) carrying out Convention Parties’ recommended corrective measures; (2) a science-based management plan has been developed that (A) conserves the species and habitat and provides conservation incentives, (B) keeps use biologically sustainable across the species’ range in the country, at a level consistent with its ecosystem role and well above the level at which it might become threatened with extinction, and (C) addresses illegal and domestic trade, subsistence use, disease, habitat loss, and other relevant conservation factors; (3) the plan is implemented and enforced; and (4) capture, transport, and maintenance methods minimize injury, health damage, and inhumane treatment.

the actual law source: uscode.house.gov ↗public domain
(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) 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) 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 credit: (Pub. L. 102–440, title I, § 106, Oct. 23, 1992, 106 Stat. 2227.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 102-440 · 106 Stat. 2227

A history note hasn’t been published yet. The record shows enactment by Pub. L. 102-440 on 1992-10-23.

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