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16 U.S.C. § 4901 — Findings

submitted 34 years ago by Pub. L. 102-440 to r/title-16-CONSERVATION · 478 words · no verdicts yet

in plain englishAI-generated · not legal advice

Congress identifies conservation and animal-welfare problems in the international trade of wild-caught exotic birds. It supports sustainable trade, assistance to countries of origin, and measures consistent with the Convention.

Congress finds: (1) Besides habitat loss and local use, international trade in wild-caught exotic birds for pets is reducing wild populations, and deaths connected with the trade remain unacceptably high. (2) As the largest importer of exotic birds and a Convention Party, the United States should help solve these problems, including by helping origin countries conserve wild birds and ensuring the United States market does not harm species’ survival. (3) Sustainable use can create economic value in birds and their habitats, helping conservation and biological diversity. (4) Unsustainable use should not be allowed. (5) International attention has focused on serious conservation and welfare problems in trade in wild-caught animals, including exotic birds. (6) Countries that do not export wild birds for pets should have their decisions respected and efforts supported. (7) Countries that allow exports often lack the means to create or enforce science-based management plans, and should be helped to ensure humane, sustainable trade. (8) The major exporting countries are Convention Parties. (9) The Convention calls for strict regulation of trade in species threatened with extinction or that may become threatened. (10) Needed population studies, monitoring, and corrective measures for Appendix II species are not always carried out to keep them above levels that could qualify them for Appendix I. (11) Convention resolutions recommend measures for species with very high transport deaths, including, when appropriate, suspending commercial trade between Parties. (12) Article XIV preserves each Party’s right to adopt stricter domestic trade rules, whether or not species are listed in an Appendix. (13) The United States prohibits exporting wild-caught birds native to the United States. (14) This chapter establishes nondiscriminatory measures needed to conserve exotic birds and furthers United States obligations under the Convention.

the actual law source: uscode.house.gov ↗public domain

The Congress finds the following:

(1)

In addition to habitat loss and local use, the international pet trade in wild-caught exotic birds is contributing to the decline of species in the wild, and the mortality associated with the trade remains unacceptably high.

(2)

The United States, as the world’s largest importer of exotic birds and as a Party to the Convention, should play a substantial role in finding effective solutions to these problems, including assisting countries of origin in implementing programs of wild bird conservation, and ensuring that the market in the United States for exotic birds does not operate to the detriment of the survival of species in the wild.

(3)

Sustainable utilization of exotic birds has the potential to create economic value in them and their habitats, which will contribute to their conservation and promote the maintenance of biological diversity generally.

(4)

Utilization of exotic birds that is not sustainable should not be allowed.

(5)

Broad international attention has focused on the serious conservation and welfare problems which currently exist in the trade in wild-caught animals, including exotic birds.

(6)

Many countries have chosen not to export their wild birds for the pet trade. Their decisions should be respected and their efforts should be supported.

(7)

Several countries that allow for the export of their wild birds often lack the means to develop or effectively implement scientifically based management plans, and these countries should be assisted in developing and implementing management plans to enable them to ensure that their wild bird trade is conducted humanely and at sustainable levels.

(8)

The major exotic bird exporting countries are Parties to the Convention.

(9)

The Convention recognizes that trade in species that are threatened with extinction, or that may become so, should be subject to strict regulation.

(10)

The necessary population assessments, monitoring programs, and appropriate remedial measures for species listed in Appendix II of the Convention are not always being undertaken in order to maintain species at levels above which they might become eligible for inclusion in Appendix I of the Convention.

(11)

Resolutions adopted pursuant to the Convention recommend that the Parties to the Convention take appropriate measures regarding trade in species of exotic birds that have significantly high mortality rates in transport, including suspension of trade for commercial purposes between Parties when appropriate.

(12)

Article XIV provides that the Convention in no way affects the right of any Party to the Convention to adopt stricter domestic measures for the regulation of trade in all species, whether or not listed in an Appendix to the Convention.

(13)

The United States prohibits the export of all birds native to the United States that are caught in the wild.

(14)

This chapter provides a series of nondiscriminatory measures that are necessary for the conservation of exotic birds, and furthers the obligations of the United States under the Convention.

Source credit: (Pub. L. 102–440, title I, § 102, Oct. 23, 1992, 106 Stat. 2224.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 102-440 · 106 Stat. 2224

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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