16 U.S.C. § 4901 — Findings

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 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 im- plementing programs of wild bird conserva- tion, 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 mainte- nance of biological diversity generally. (4) Utilization of exotic birds that is not sus- tainable should not be allowed. (5) Broad international attention has fo- cused 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 deci- sions should be respected and their efforts should be supported. (7) Several countries that allow for the ex- port of their wild birds often lack the means to develop or effectively implement scientif- ically 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 reme- dial measures for species listed in Appendix II of the Convention are not always being under- taken in order to maintain species at levels above which they might become eligible for in- clusion in Appendix I of the Convention. (11) Resolutions adopted pursuant to the Convention recommend that the Parties to the Convention take appropriate measures regard- ing trade in species of exotic birds that have significantly high mortality rates in trans- port, including suspension of trade for com- mercial purposes between Parties when appro- priate. (12) Article XIV provides that the Conven- tion in no way affects the right of any Party to the Convention to adopt stricter domestic measures for the regulation of trade in all spe- cies, 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 non- discriminatory measures that are necessary for the conservation of exotic birds, and fur- thers the obligations of the United States under the Convention. (Pub. L. 102–440, title I, § 102, Oct. 23, 1992, 106 Stat. 2224.) Statutory Notes and Related Subsidiaries SHORT TITLE Pub. L. 102–440, title I, § 101, Oct. 23, 1992, 106 Stat. 2224, provided that: ‘‘This title [enacting this chapter] may be cited as the ‘Wild Bird Conservation Act of 1992’.’’ § 4902. Statement of purpose The purpose of this chapter is to promote the conservation of exotic birds by— (1) assisting wild bird conservation and man- agement programs in the countries of origin of wild birds; (2) ensuring that all trade in species of ex- otic birds involving the United States is bio- logically sustainable and is not detrimental to the species; (3) limiting or prohibiting imports of exotic birds when necessary to ensure that— (A) wild exotic bird populations are not harmed by removal of exotic birds from the wild for the trade; or