ALLcrimesfood&drugstaxestelecomcommercehealthconservationtransportationagricultureveteransbrowse all titles »
0

16 U.S.C. § 4904 — Moratoria on imports of exotic birds covered by Convention

submitted 34 years ago by Pub. L. 102-440 to r/title-16-CONSERVATION · 464 words · no verdicts yet

in plain englishAI-generated · not legal advice

This section prohibits or suspends imports of certain exotic birds and limits first-year import quantities. Species can leave these restrictions only after the Secretary makes specified conservation findings and lists them.

(a)(1) Importing an exotic bird of a species identified as category B in the Animals Committee report adopted at the Convention’s eighth Conference of the Parties is prohibited. (2) The prohibition lasts until, after notice and public comment, the Secretary (A) decides that origin countries have taken suitable corrective measures eliminating the trade threat to conservation, and (B) makes the section 4905(c) findings and lists the species under section 4905(a).
(b)(1) The Secretary may suspend imports of any species listed in a Convention Appendix and, if appropriate, remove it from the section 4905(a) list, if the Secretary decides that (A) trade harms the species, there is not enough information to decide trade does not harm it, or Convention Standing Committee corrective measures have not been implemented, and (B) suspension may be needed for conservation. (2) The suspension lasts until, after notice and public comment, the Secretary makes the section 4905(c) findings and lists the species under section 4905(a).
(c) Starting one year after October 23, 1992, importing any Appendix-listed species is prohibited unless the Secretary makes the section 4905(c) findings and lists it under section 4905(a).
(d) Despite other provisions, during the one-year period beginning October 23, 1992, the Secretary must prohibit imports of each Appendix-listed species above the number imported in the latest year for which complete import data exists.

the actual law source: uscode.house.gov ↗public domain
(a) Immediate moratorium
(1) Establishment of moratorium

The importation of any exotic bird of a species identified as a category B species in the report entitled “Report of the Animals Committee”, adopted by the 8th meeting of the Conference of the Parties to the Convention, is prohibited.

(2) Termination of moratorium

A species of exotic birds shall be subject to the prohibition on importation established by paragraph (1) until the Secretary, after notice and an opportunity for public comment—

(A)

determines that appropriate remedial measures have been taken in the countries of origin for that species, so as to eliminate the threat of trade to the conservation of the species; and

(B)

makes the findings described in section 4905(c) of this title for the species and includes the species in the list published under section 4905(a) of this title.

(b) Emergency authority to suspend imports of listed species
(1) Authority to suspend imports

The Secretary is authorized to suspend the importation of exotic birds of any species that is listed in any Appendix to the Convention, and if applicable remove the species from the list under section 4905(a) of this title, if the Secretary determines that—

(A)
(i)

trade in that species is detrimental to the species,

(ii)

there is not sufficient information available on which to base a judgment that the species is not detrimentally affected by trade in that species, or

(iii)

remedial measures have been recommended by the Standing Committee of the Convention that have not been implemented; and

(B)

the suspension might be necessary for the conservation of the species.

(2) Termination of suspension

A species of exotic birds shall be subject to a suspension of importation under paragraph (1) until the Secretary, after notice and an opportunity for public comment, makes the findings described in section 4905(c) of this title and includes the species in the list published under section 4905(a) of this title.

(c) Moratorium after one year for other species listed in appendices

Effective on the date that is one year after October 23, 1992, the importation of any exotic bird of a species that is listed in any Appendix to the Convention is prohibited unless the Secretary makes the findings described in section 4905(c) of this title and includes the species in the list published under section 4905(a) of this title.

(d) Limitation on number imported during first year

Notwithstanding any other provision of this chapter, the Secretary shall prohibit the importation, during the 1-year period beginning on October 23, 1992, of exotic birds of each species that is listed under any Appendix to the Convention in excess of the number of that species that were imported during the most recent year for which the Secretary has complete import data.

Source credit: (Pub. L. 102–440, title I, § 105, Oct. 23, 1992, 106 Stat. 2226.)

history & why it existsrecord from the source credit
  • 1992Enacted · Pub. L. 102-440 · 106 Stat. 2226

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

all 0 arguments · sorted by: best

0/280

no arguments yet — make the first case