16 U.S.C. § 4911 — Exemptions

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 information Within one month after October 23, 1992, the Secretary shall issue a call for information on the wild bird conservation program of each country that exports exotic birds, by— (1) publishing a notice in the Federal Reg- ister requesting submission of such informa- tion to the Secretary by all interested persons; and (2) submitting a written request for such in- formation through the Secretary of State to each country that exports exotic birds. (Pub. L. 102–440, title I, § 109, Oct. 23, 1992, 106 Stat. 2229.) § 4909. Petitions (a) In general Any person may at any time submit to the Secretary a petition in writing requesting that the Secretary exercise authority of the Sec- retary under this chapter to— (1) establish, modify, or terminate any pro- hibition, suspension, or quota under this chap- ter on importation of any species of exotic bird; (2) add a species of exotic bird to, or remove such a species from, a list under section 4905 of this title; or (3) determine under section 4906 of this title whether an exotic bird breeding facility is a qualifying facility. (b) Consideration and ruling For each petition submitted to the Secretary in accordance with subsection (a), the Secretary shall— (1) within 90 days after receiving the peti- tion, issue and publish in the Federal Register a preliminary ruling regarding whether the pe- tition presents sufficient information indi- cating that the action requested in the peti- tion might be warranted; and (2) for each petition determined to present such sufficient information— (A) provide an opportunity for the submis- sion of public comment on the petition; and (B) issue and publish in the Federal Reg- ister a final ruling on the petition, by not later than 90 days after the end of the period for public comment. (Pub. L. 102–440, title I, § 110, Oct. 23, 1992, 106 Stat. 2229.) § 4910. Prohibited acts (a) Prohibitions (1) In general Subject to paragraph (2), it is unlawful for any person to— (A) import any exotic bird in violation of any prohibition, suspension, or quota on im- portation under section 4904 or 4907 of this title; (B) import an exotic bird of a species that pursuant to section 4905(a)(2)(B) of this title is included in a list under section 4905 of this title, if the bird was not captive bred at a qualifying facility; or (C) violate any regulation promulgated by the Secretary pursuant to authority pro- vided by this chapter. (2) Limitation Paragraph (1)(A) and (B) does not apply to importations made incident to the transit of exotic birds through the United States to for- eign countries if the applicable requirements of the Convention have been satisfied with re- spect to the trade in those exotic birds. (b) Burden of proof for exemptions Any person claiming the benefit of any exemp- tion or permit under this chapter shall have the burden of proving that the exemption or permit is applicable or has been granted, and was valid and in force at the time of the alleged violation. (Pub. L. 102–440, title I, § 111, Oct. 23, 1992, 106 Stat. 2230.) § 4911. Exemptions Notwithstanding any prohibition, suspension, or quota under this chapter on the importation Page 2521 TITLE 16—CONSERVATION § 4913 1 So in original. Probably should be section ‘‘4910(a)(1)(A) or (B)’’. 2 So in original. Probably should be section ‘‘4910(a)(1)(C)’’. 3 So in original. Probably should be section ‘‘11(a)’’. of a species of exotic bird, the Secretary may, through the issuance of import permits, author- ize 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 indi- vidual who is returning to the United States after being continuously out of the country for a minimum of one year, except that an indi- vidual 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, conserva- tion, or zoological organization that meets standards developed by the Secretary. (Pub. L. 102–440, title I, § 112, Oct. 23, 1992, 106 Stat. 2230.) § 4912. Penalties and regulations (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) 1 of this title or any permit issued under section 4911 of this title 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) 2 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 sec- tion 4910(a) of this title or any permit issued under section 4911 of this title 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 man- ner in which a civil penalty under the Act of December 28, 1973 (Public Law 93–205) [16 U.S.C. 1531 et seq.], may be assessed and col- lected under section 111(a) 3 of that Act [16 U.S.C. 1540(a)]. (2) Criminal 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) 1 of this title or any permit issued under section 4911 of this title shall be fined under title 18 or imprisoned for not more than 2 years, or both. (B) Any person who knowingly violates sec- tion 4910(a)(3) 2 of this title shall be fined under title 18, imprisoned not more than 6 months, or both. (b) District court jurisdiction The several district courts of the United States, including the courts enumerated in sec- tion 460 of title 28, shall have jurisdiction over any action arising under this chapter. For the purposes of this chapter, American Samoa shall be included in the Judicial District of the Dis- trict Court of the United States for the District of Hawaii, and the Trust Territory of Palau and the Northern Marianas shall be included in the Judicial District of the District Court of the United States for the District of Guam. (c) Other enforcement The importation of an exotic bird is deemed to be transportation of wildlife for purposes of sec- tion 3(a) of the Lacey Act Amendments of 1981 (16 U.S.C. 3372(a)). (d) Regulations The Secretary shall prescribe regulations that are necessary and appropriate to carry out the purposes of this chapter. (e) Savings provisions The authority of the Secretary under this chapter is in addition to and shall not affect the authority of the Secretary under the Endan- gered Species Act of 1973 (16 U.S.C. 1531 et seq.) or diminish the authority of the Secretary under the Lacey Act Amendments of 1981 (16 U.S.C. 3371 et seq.). Nothing in this chapter shall be construed as repealing, superseding, or modi- fying any provision of Federal law. (Pub. L. 102–440, title I, § 113, Oct. 23, 1992, 106 Stat. 2231.) Editorial Notes REFERENCES IN TEXT Act of December 28, 1973, referred to in subsec. (a)(1)(D), and the Endangered Species Act of 1973, re- ferred to in subsec. (e), are Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified generally to chapter 35 (§ 1531 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under section 1531 of this title and Tables. The Lacey Act Amendments of 1981, referred to in subsec. (e), is Pub. L. 97–79, Nov. 16, 1981, 95 Stat. 1073, which is classified principally to chapter 53 (§ 3371 et seq.) of this title. For complete classification of this Act to the Code, see Short Title note set out under sec- tion 3371 of this title and Tables. Executive Documents TERMINATION OF TRUST TERRITORY For termination of Trust Territory of Palau and Northern Marianas, see note set out preceding section 1681 of Title 48, Territories and Insular Possessions. § 4913. Exotic bird conservation assistance (a) Assistance The Secretary, subject to the availability of appropriations, shall use amounts in the Exotic Bird Conservation Fund established by sub- section (b) to provide financial and technical as- sistance for projects to conserve exotic birds in their native countries. In selecting projects for assistance, the Secretary shall give particular