16 U.S.C. § 4910 — Prohibited acts

(a) Prohibitions. (1) In general. Unless paragraph (2) applies, no person^* may: (A) import^* an exotic bird^* in violation of an import prohibition, suspension, or quota under section 4904 or 4907 of this title; (B) import an exotic bird of a species^* on a list under section 4905 when section 4905(a)(2)(B) requires the species to be on that list, if the bird was not bred in captivity at a qualifying facility^*; or (C) violate a regulation that the Secretary^* issued under this chapter. (2) Limitation. Paragraph (1)(A) and (B) do not apply when the import is part of moving exotic birds through the United States^* to foreign countries, if the applicable requirements of the Convention^* have been met for the trade in those birds.

(b) Burden of proof for exemptions. A person who claims an exemption or permit under this chapter must prove that the exemption or permit applies or was granted and that it was valid and in force when the alleged violation occurred. This section does not define “qualifying facility” or “Convention.”