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16 U.S.C. § 4911 — Exemptions
Federal law — U.S. Code and appendices · legal_authorities
Notwithstanding any prohibition, suspension, or quota under this chapter on the importation of a species of exotic bird, the Secretary may, through the issuance of import permits, authorize the importation of a bird of the species if the Secretary determines that such importation is not detrimental to the survival of the species and the bird is being imported exclusively for any of the following purposes:
(1) Scientific research.
(2) As a personally owned pet of an individual who is returning to the United States after being continuously out of the country for a minimum of one year, except that an individual may not import more than 2 exotic birds under this paragraph in any year.
(3) Zoological breeding or display programs.
(4) Cooperative breeding programs that are—
(A) designed to promote the conservation of the species and maintain the species in the wild by enhancing the propagation and survival of the species; and
(B) developed and administered by, or in conjunction with, an avicultural, conservation, or zoological organization that meets standards developed by the Secretary.
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Source location: Title 16, Chapter 69, § 4911; chapter-069-wild-exotic-bird-conservation.md
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Notwithstanding any prohibition, suspension, or quota under this chapter on the importation of a species of exotic bird, the Secretary may, through the issuance of import permits, authorize the importation of a bird of the species if the Secretary determines that such importation is not detrimental to the survival of the species and the bird is being imported exclusively for any of the following purposes:
(1) Scientific research.
(2) As a personally owned pet of an individual who is returning to the United States after being continuously out of the country for a minimum of one year, except that an individual may not import more than 2 exotic birds under this paragraph in any year.
(3) Zoological breeding or display programs.
(4) Cooperative breeding programs that are—
(A) designed to promote the conservation of the species and maintain the species in the wild by enhancing the propagation and survival of the species; and
(B) developed and administered by, or in conjunction with, an avicultural, conservation, or zoological organization that meets standards developed by the Secretary.
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Penalties**
(1) **Civil penalties**
(A) Any person who knowingly violates, and any person engaged in business as an importer of exotic birds who violates, section 4910(a)(1) or (2) 11 So in original. Probably should be section “4910(a)(1)(A) or (B)”. of this title or any permit issued under [section 4911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4911&num=0&edition=prelim) may be assessed a civil penalty by the Secretary of not more than $25,000 for each violation.
(B) Any person who knowingly violates, and any person engaged in business as an importer of exotic birds who violates, section 4910(a)(3) 22 So in original. Probably should be section “4910(a)(1)(C)”. of this title may be assessed a civil penalty by the Secretary of not more than $12,000 for each such violation.
(C) Any person who otherwise violates [section 4910(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4910/a&num=0&edition=prelim) or any permit issued under [section 4911 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section4911&num=0&edition=prelim) may be assessed a civil penalty by the Secretary of not more than $500 for each such violation.
(D) A civil penalty under this section shall be assessed, and may be collected, in the manner in which a civil penalty under the Act of December 28, 1973 (Public Law 93–205) [[16 U.S.C. 1531](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1531&num=0&edition=prelim) et seq.], may be assessed and collected under section 111(a) 33 So in original. Probably should be section “11(a)”. of that Act [[16 U.S.C. 1540(a)](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-sectio
Source: Supplied U.S. Code snapshot — release unconfirmed · 16 U.S.C. § 4912
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Federal law — U.S. Code and appendices · legal_authorities
Page 2520
TITLE 16—CONSERVATION
§ 4907
(5) The country in which the facility is lo-
cated is a Party to the Convention.
(6) All birds exported from the facility are
bred at the facility.
(Pub. L. 102–440, title I, § 107, Oct. 23, 1992, 106
Stat. 2228.)
§ 4907. Moratoria for species not covered by Con-
vention
(a) In general
The Secretary shall—
(1) review periodically the trade in species of
exotic birds that are not listed in any Appen-
dix to the Convention; and
(2) after notice and an opportunity for public
comment, establish a moratorium or quota
on—
(A) importation of any species of exotic
birds from one or more countries of origin
for the species, if the Secretary determines
that—
(i) the findings described in section
4905(c)(2), (3), and (4) of this title cannot be
made with respect to the species; and
(ii) the moratorium or quota is nec-
essary for the conservation of the species
or is otherwise consistent with the purpose
of this chapter; or
(B) the importation of all species of exotic
birds from a particular country, if—
(i) the country has not developed and im-
plemented a management program for ex-
otic birds in trade generally, that ensures
both the conservation and the humane
treatment of exotic birds during capture,
transport, and maintenance; and
(ii) the Secretary finds that the morato-
rium or quota is necessary for the con-
servation of the species or is otherwise
consistent with the purpose of this chap-
ter.
(b) Termination of quota or moratorium
The Secretary shall terminate a quota or mor-
atorium established under subsection (a) if the
Secretary finds that the reasons for establishing
the quota or moratorium no longer exist.
(Pub. L. 102–440, title I, § 108, Oct. 23, 1992, 106
Stat. 2229.)
§ 4908. Call for informat
Source: Supplied 2024 U.S. Code historical extraction · 16 U.S.C. § 4911
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.