16 U.S.C. § 4909 — Petitions
submitted 34 years ago by Pub. L. 102-440 to r/title-16-CONSERVATION · 202 words · no verdicts yet
Anyone may petition the Secretary to change an exotic-bird import prohibition, suspension, or quota, change a species list, or decide whether a breeding facility qualifies. The Secretary must issue preliminary and, when warranted, final rulings within the stated deadlines.
(a) In general. Anyone may at any time give the Secretary* a written petition asking the Secretary to use authority under this chapter to:
(1) establish, change, or end a prohibition, suspension, or quota on importing an exotic-bird species*;
(2) add an exotic-bird species to or remove it from a list under section 4905; or
(3) decide under section 4906 whether an exotic-bird breeding facility is a qualifying facility*.
(b) Consideration and ruling. For each petition properly submitted under subsection (a), the Secretary must:
(1) within 90 days after receiving it, issue and publish in the Federal Register a preliminary ruling on whether the petition contains enough information to show that the requested action might be justified; and
(2) for each petition found to contain enough information, allow public comment and issue and publish a final ruling in the Federal Register no later than 90 days after the public-comment period ends.
Any person* may at any time submit to the Secretary* a petition in writing requesting that the Secretary exercise authority of the Secretary under this chapter to—
establish, modify, or terminate any prohibition, suspension, or quota under this chapter on importation* of any species* of exotic bird*;
add a species of exotic bird to, or remove such a species from, a list under section 4905 of this title; or
determine under section 4906 of this title whether an exotic bird breeding facility is a qualifying facility*.
For each petition submitted to the Secretary in accordance with subsection (a), the Secretary shall—
within 90 days after receiving the petition, issue and publish in the Federal Register a preliminary ruling regarding whether the petition presents sufficient information indicating that the action requested in the petition might be warranted; and
for each petition determined to present such sufficient information—
provide an opportunity for the submission of public comment on the petition; and
issue and publish in the Federal Register a final ruling on the petition, by not later than 90 days after the end of the period for public comment.
Source credit: (Pub. L. 102–440, title I, § 110, 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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