16 U.S.C. § 4910

Current through P.L. 118-107 (published on www.congress.gov on 11/21/2024)
Section 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 importation 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 provided 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 foreign countries if the applicable requirements of the Convention have been satisfied with respect to the trade in those exotic birds.

(b) Burden of proof for exemptions

Any person claiming the benefit of any exemption 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.

16 U.S.C. § 4910

Pub. L. 102-440, title I, §111, Oct. 23, 1992, 106 Stat. 2230.
Convention
The term "Convention" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, as amended, signed in Washington on March 3, 1973, and the Appendices thereto.
Secretary
The term "Secretary" means the Secretary of the Interior or a designee of the Secretary of the Interior.
United States
The term "United States" means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands.
person
The term "person" means an individual, corporation, partnership, trust, association, or any other private entity; or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State, municipality, or political subdivision of a State, or of any foreign government; any State, municipality, or political subdivision of a State; or any other entity subject to the jurisdiction of the United States.
qualifying facility
The term "qualifying facility" means an exotic bird breeding facility that is included in a list published by the Secretary under section 4906 of this title.