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16 U.S.C. § 4901 — Findings
Federal law — U.S. Code and appendices · legal_authorities
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 s
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Source location: Title 16, Chapter 69, § 4901; chapter-069-wild-exotic-bird-conservation.md
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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.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Marine Mammal Protection Act** The Secretary of Commerce has authority to take appropriate monitoring or enforcement actions under the Marine Mammal Protection Act of 1972 ([16 U.S.C. 1361](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1361&num=0&edition=prelim) et seq.).
**(b) Magnuson-Stevens Fishery Conservation and Management Act** The Secretary of Commerce has authority to take appropriate monitoring or enforcement actions under the following provisions of law:
(1) The Magnuson-Stevens Fishery Conservation and Management Act ([16 U.S.C. 1801](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1801&num=0&edition=prelim) et seq.).
(2) The Magnuson-Stevens Fishery Conservation and Management Reauthorization Act of 2006 ([16 U.S.C. 1891](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1891&num=0&edition=prelim) et seq.).
(3) The High Seas Driftnet Fishing Moratorium Protection Act ([16 U.S.C. 1826d](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826d&num=0&edition=prelim) et seq.).
(4) The Shark Conservation Act of 2010 ([16 U.S.C. 1826k](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1826k&num=0&edition=prelim) note; 1857 note).
(5) The Shark Finning Prohibition Act ([16 U.S.C. 1822](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1822&num=0&edition=prelim) note).
**(c) Fishermen’s Protective Act of 1967** The Secretary of Commerce and Secretary of the Interior have authority to take appropriate monitoring or enforcement actions under section 8 of the Fishermen’s Protective Act of 1967 ([22 U.S.C. 1978](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title22-section1978&num=0
Source: Supplied U.S. Code snapshot — release unconfirmed · 19 U.S.C. § 4731
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Federal law — U.S. Code and appendices · legal_authorities
Page 2517
TITLE 16—CONSERVATION
§ 4902
dicinal purposes and concerning Pacific yew inventory
required by section 4802(d) of this title.
§ 4807. Omitted
Editorial Notes
CODIFICATION
Section, Pub. L. 102–335, § 7, formerly § 8, Aug. 7, 1992,
106 Stat. 862; renumbered § 7 and amended Pub. L.
105–362, title IX, § 901(a)(2), Nov. 10, 1998, 112 Stat. 3289,
provided that if the Secretary of Health and Human
Services, the Secretary of Agriculture, and the Sec-
retary of the Interior concluded that quantities of
taxol sufficient to satisfy medicinal demands were
available from sources other than the Pacific yew, they
were to jointly notify Congress, at which time the re-
quirements of this chapter would expire. Such a conclu-
sion was transmitted to Congress by the Secretaries in
a letter dated Jan. 26, 1998.
A prior section 7 of Pub. L. 102–335 was classified to
section 4806 of this title prior to repeal by Pub. L.
105–362.
CHAPTER 69—WILD EXOTIC BIRD
CONSERVATION
Sec.
4901.
Findings.
4902.
Statement of purpose.
4903.
Definitions.
4904.
Moratoria on imports of exotic birds covered
by Convention.
4905.
List of approved species.
4906.
Qualifying facilities.
4907.
Moratoria for species not covered by Conven-
tion.
4908.
Call for information.
4909.
Petitions.
4910.
Prohibited acts.
4911.
Exemptions.
4912.
Penalties and regulations.
4913.
Exotic bird conservation assistance.
4914.
Marking and recordkeeping.
4915.
Authorization of appropriations.
4916.
Relationship to State law.
§ 4901. Findings
The Congress finds the following:
(1) In addition to habitat loss and local use,
the international pet trade in wild-caught ex-
otic birds is contributing to the decline of spe-
cies in the wild, and the mortality associated
with the trad
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 4901
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.