16 U.S.C. § 4907 — Moratoria for species not covered by Convention
submitted 34 years ago by Pub. L. 102-440 to r/title-16-CONSERVATION · 221 words · no verdicts yet
The Secretary must periodically review trade in exotic-bird species not listed in any Convention appendix. After notice and public comment, the Secretary must establish a moratorium or quota in the specified circumstances and must end it when its reasons no longer exist.
(a) In general. The Secretary* must periodically review trade in exotic-bird species* that are not listed in any Appendix to the Convention*. After notice and an opportunity for public comment, the Secretary must establish a moratorium or quota on:
(1) importing a species of exotic birds from one or more countries where the species originates, if the Secretary determines that:
(A) the findings described in section 4905(c)(2), (3), and (4) cannot be made for the species; and
(B) the moratorium or quota is necessary to conserve the species or is otherwise consistent with this chapter’s purpose; or
(2) importing all exotic-bird species from a particular country, if:
(A) the country has not developed and put into effect a general management program for exotic birds in trade that ensures both conservation and humane treatment during capture, transport, and maintenance; and
(B) the Secretary finds that the moratorium or quota is necessary to conserve the species or is otherwise consistent with this chapter’s purpose.
(b) Ending a quota or moratorium. The Secretary must end a quota or moratorium established under subsection (a) if the Secretary finds that the reasons for establishing it no longer exist. This section does not define “Convention” or “Appendix.”
The Secretary* shall—
review periodically the trade in species* of exotic birds that are not listed in any Appendix to the Convention*; and
after notice and an opportunity for public comment, establish a moratorium or quota on—
importation* of any species of exotic birds from one or more countries of origin for the species, if the Secretary determines that—
the findings described in section 4905(c)(2), (3), and (4) of this title cannot be made with respect to the species; and
the moratorium or quota is necessary for the conservation of the species or is otherwise consistent with the purpose of this chapter; or
the importation of all species of exotic birds from a particular country, if—
the country has not developed and implemented a management program for exotic birds in trade generally, that ensures both the conservation and the humane treatment of exotic birds during capture, transport, and maintenance; and
the Secretary finds that the moratorium or quota is necessary for the conservation of the species or is otherwise consistent with the purpose of this chapter.
The Secretary shall terminate a quota or moratorium established under subsection (a) if the Secretary finds that the reasons for establishing the quota or moratorium no longer exist.
Source credit: (Pub. L. 102–440, title I, § 108, Oct. 23, 1992, 106 Stat. 2229.)
- 1992Enacted · Pub. L. 102-440 · 106 Stat. 2229
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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