Wild Bird Conservation Act (16 USC 4901)

Page 2469

TITLE 16—CONSERVATION

SUBCHAPTER V—COOPERATIVE
ENVIRONMENTAL ANALYSES
§ 4751. Environmental impact analyses
The Secretary of State, in consultation with
the Council on Environmental Quality, is encouraged to enter into negotiations with the
governments of Canada and Mexico to provide
for reciprocal cooperative environmental impact
analysis of major Federal actions which have
significant transboundary effects on the quality
of the human environment in the United States,
Canada, and Mexico.
(Pub. L. 101–646, title I, § 1401, Nov. 29, 1990, 104
Stat. 4773; Pub. L. 104–332, § 2(h)(1), Oct. 26, 1996,
110 Stat. 4091.)

AMENDMENTS
1996—Pub. L. 104–332 made technical amendment to
Pub. L. 101–646, § 1401, which enacted this section.

CHAPTER 68—PACIFIC YEW CONSERVATION
AND MANAGEMENT
§§ 4801 to 4805. Omitted
Editorial Notes
CODIFICATION
Sections 4801 to 4805 were omitted as expired pursuant to section 4807 of this title.
Section 4801, Pub. L. 102–335, § 2, Aug. 7, 1992, 106 Stat.
859, related to findings, purposes, and definitions.
Section 4802, Pub. L. 102–335, § 3, Aug. 7, 1992, 106 Stat.
860, related to Pacific yew conservation and management.
Section 4803, Pub. L. 102–335, § 4, Aug. 7, 1992, 106 Stat.
861, related to research regarding ecology of Pacific
yew, development of alternative methods of procuring
taxol, and propagation of species.
Section 4804, Pub. L. 102–335, § 5, Aug. 7, 1992, 106 Stat.
861, related to collection and sale of Pacific yew resources.
Section 4805, Pub. L. 102–335, § 6, Aug. 7, 1992, 106 Stat.
862, related to construction of chapter with other laws.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 102–335, § 1(a), Aug. 7, 1992, 106 Stat. 859, provided that Pub. L. 102–335 (this chapter) could be cited
as the ‘‘Pacific Yew Act’’.

§ 4806. Repealed. Pub. L. 105–362, title
§ 901(a)(1), Nov. 10, 1998, 112 Stat. 3289

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 requirements of this chapter would expire. Such a conclusion 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.
4902.
4903.
4904.
4905.
4906.
4907.

Editorial Notes

IX,

Section, Pub. L. 102–335, § 7, Aug. 7, 1992, 106 Stat. 862;
Pub. L. 103–437, § 6(d)(43), Nov. 2, 1994, 108 Stat. 4585, related to report to Congress concerning sufficiency of
Pacific yew harvests to supply taxol required for medicinal 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-

§ 4901

4908.
4909.
4910.
4911.
4912.
4913.
4914.
4915.
4916.

Findings.
Statement of purpose.
Definitions.
Moratoria on imports of exotic birds covered
by Convention.
List of approved species.
Qualifying facilities.
Moratoria for species not covered by Convention.
Call for information.
Petitions.
Prohibited acts.
Exemptions.
Penalties and regulations.
Exotic bird conservation assistance.
Marking and recordkeeping.
Authorization of appropriations.
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 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.

§ 4902

TITLE 16—CONSERVATION

(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.
(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 management programs in the countries of origin of
wild birds;
(2) ensuring that all trade in species of exotic birds involving the United States is biologically 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
(B) exotic birds in trade are not subject to
inhumane treatment; and
(4) encouraging and supporting effective implementation of the Convention.
(Pub. L. 102–440, title I, § 103, Oct. 23, 1992, 106
Stat. 2225.)
§ 4903. Definitions
In this chapter—

Page 2470

(1) 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.
(2) The term ‘‘exotic bird’’—
(A) means any live or dead member of the
class Aves that is not indigenous to the 50
States or the District of Columbia, including
any egg or offspring thereof; and
(B) does not include—
(i) domestic poultry, dead sport-hunted
birds, dead museum specimens, dead scientific specimens, or products manufactured from such birds; or
(ii) birds in the following families:
Phasianidae,
Numididae,
Cracidae,
Meleagrididae, Megapodiidae, Anatidae,
Struthionidae, Rheidae, Dromaiinae, and
Gruidae.
(3) Each of the terms ‘‘import’’ and ‘‘importation’’ means to land on, bring into, or introduce into, or attempt to land on, bring into, or
introduce into, any place subject to the jurisdiction of the United States.
(4) 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.
(5) 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.
(6) The term ‘‘Secretary’’ means the Secretary of the Interior or a designee of the Secretary of the Interior.
(7) The term ‘‘species’’—
(A) means any species, any subspecies, or
any distinct population segment of a species
or subspecies; and
(B) includes hybrids of any species or subspecies.
(8) 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.
(Pub. L. 102–440, title I, § 104, Oct. 23, 1992, 106
Stat. 2225.)
Executive Documents
TERMINATION OF TRUST TERRITORY OF THE PACIFIC
ISLANDS
For termination of Trust Territory of the Pacific Islands, see note set out preceding section 1681 of Title
48, Territories and Insular Possessions.

§ 4904. Moratoria on imports of exotic birds covered by Convention
(a) Immediate moratorium
(1) Establishment of moratorium
The importation of any exotic bird of a species identified as a category B species in the

Page 2471

§ 4905

TITLE 16—CONSERVATION

report entitled ‘‘Report of the Animals Committee’’, adopted by the 8th meeting of the
Conference of the Parties to the Convention, is
prohibited.
(2) Termination of moratorium
A species of exotic birds shall be subject to
the prohibition on importation established by
paragraph (1) until the Secretary, after notice
and an opportunity for public comment—
(A) determines that appropriate remedial
measures have been taken in the countries
of origin for that species, so as to eliminate
the threat of trade to the conservation of
the species; and
(B) makes the findings described in section
4905(c) of this title for the species and includes the species in the list published under
section 4905(a) of this title.
(b) Emergency authority to suspend imports of
listed species
(1) Authority to suspend imports
The Secretary is authorized to suspend the
importation of exotic birds of any species that
is listed in any Appendix to the Convention,
and if applicable remove the species from the
list under section 4905(a) of this title, if the
Secretary determines that—
(A)(i) trade in that species is detrimental
to the species,
(ii) there is not sufficient information
available on which to base a judgment that
the species is not detrimentally affected by
trade in that species, or
(iii) remedial measures have been recommended by the Standing Committee of
the Convention that have not been implemented; and
(B) the suspension might be necessary for
the conservation of the species.
(2) Termination of suspension
A species of exotic birds shall be subject to
a suspension of importation under paragraph
(1) until the Secretary, after notice and an opportunity for public comment, makes the findings described in section 4905(c) of this title
and includes the species in the list published
under section 4905(a) of this title.
(c) Moratorium after one year for other species
listed in appendices
Effective on the date that is one year after October 23, 1992, the importation of any exotic bird
of a species that is listed in any Appendix to the
Convention is prohibited unless the Secretary
makes the findings described in section 4905(c) of
this title and includes the species in the list
published under section 4905(a) of this title.
(d) Limitation on number imported during first
year
Notwithstanding any other provision of this
chapter, the Secretary shall prohibit the importation, during the 1-year period beginning on
October 23, 1992, of exotic birds of each species
that is listed under any Appendix to the Convention in excess of the number of that species that
were imported during the most recent year for
which the Secretary has complete import data.
(Pub. L. 102–440, title I, § 105, Oct. 23, 1992, 106
Stat. 2226.)

Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in subsec. (d), was in the
original ‘‘this Act’’ and was translated as reading ‘‘this
title’’, meaning title I of Pub. L. 102–440, known as the
Wild Bird Conservation Act of 1992, to reflect the probable intent of Congress.

§ 4905. List of approved species
(a) Listing
(1) In general
One year after October 23, 1992, and periodically thereafter, the Secretary shall, after notice and an opportunity for public comment,
publish in the Federal Register a list of species of exotic birds that are listed in an Appendix to the Convention and that are not subject
to a prohibition or suspension of importation
otherwise applicable under section 4904(a), (b),
or (c) of this title.
(2) Manner of listing
The Secretary shall list a species under
paragraph (1) with respect to—
(A) the countries of origin from which the
species may be imported; and
(B) if appropriate, the qualifying facilities
in those countries from which the species
may be imported.
(3) Bases for determinations
In making a determination required under
this subsection, the Secretary shall—
(A) use the best scientific information
available; and
(B) consider the adequacy of regulatory
and enforcement mechanisms in all countries of origin for the species, including such
mechanisms for control of illegal trade.
(b) Captive bred species
The Secretary shall include a species of exotic
birds in the list under subsection (a) if the Secretary determines that—
(1) the species is regularly bred in captivity
and no wild-caught birds of the species are in
trade; or
(2) the species is bred in a qualifying facility.
(c) Non-captive bred species
The Secretary shall include in the list under
subsection (a) a species of exotic birds that is
listed in an Appendix to the Convention if the
Secretary finds the Convention is being effectively implemented with respect to that species
because of each of the following:
(1) Each country of origin for which the species is listed is effectively implementing the
Convention, particularly with respect to—
(A) the establishment of a scientific authority or other equivalent authority;
(B) the requirements of Article IV of the
Convention with respect to that species; and
(C) remedial measures recommended by
the Parties to the Convention with respect
to that species.
(2) A scientifically-based management plan
for the species has been developed which—
(A) provides for the conservation of the
species and its habitat and includes incentives for conservation;

§ 4906

TITLE 16—CONSERVATION

(B) ensures that the use of the species is
biologically sustainable and maintained
throughout the range of the species in the
country to which the plan applies at a level
that is consistent with the role of the species in the ecosystem and is well above the
level at which the species might become
threatened with extinction; and
(C) addresses factors relevant to the conservation of the species, including illegal
trade, domestic trade, subsistence use, disease, and habitat loss.
(3) The management plan is implemented
and enforced.
(4) The methods of capture, transport, and
maintenance of the species minimizes the risk
of injury or damage to health, including inhumane treatment.
(Pub. L. 102–440, title I, § 106, Oct. 23, 1992, 106
Stat. 2227.)
§ 4906. Qualifying facilities
(a) Determination
Upon submission of a petition under section
4909 of this title by any person, the Secretary
shall determine whether an exotic bird breeding
facility is a qualifying facility. Such determination shall be effective for a period specified by
the Secretary, which may not exceed 3 years.
The Secretary shall, from time to time, publish
a list of qualifying facilities in the Federal Register.
(b) Criteria
The Secretary shall determine under subsection (a) that a facility is a qualifying facility
for a species of exotic birds if the Secretary
finds each of the following:
(1) The facility has demonstrated the capability of producing captive bred birds of the
species in the numbers to be imported into the
United States from that facility.
(2) The facility is operated in a manner that
is not detrimental to the survival of the species in the wild.
(3) The facility is operated in a humane
manner.
(4) The appropriate governmental authority
of the country in which the facility is located
has certified in writing, and the Secretary is
satisfied, that the facility has the capability
of breeding the species in captivity.
(5) The country in which the facility is located 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 Convention
(a) In general
The Secretary shall—
(1) review periodically the trade in species of
exotic birds that are not listed in any Appendix to the Convention; and
(2) after notice and an opportunity for public
comment, establish a moratorium or quota
on—

Page 2472

(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 necessary 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 implemented a management program for exotic 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 moratorium or quota is necessary for the conservation of the species or is otherwise
consistent with the purpose of this chapter.
(b) Termination of quota or moratorium
The Secretary shall terminate a quota or moratorium 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 Register requesting submission of such information to the Secretary by all interested persons;
and
(2) submitting a written request for such information 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 Secretary under this chapter to—
(1) establish, modify, or terminate any prohibition, suspension, or quota under this chapter 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—

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TITLE 16—CONSERVATION

(1) within 90 days after receiving the petition, issue and publish in the Federal Register
a preliminary ruling regarding whether the petition presents sufficient information indicating that the action requested in the petition might be warranted; and
(2) for each petition determined to present
such sufficient information—
(A) provide an opportunity for the submission of public comment on the petition; and
(B) issue and publish in the Federal Register 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 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.
(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
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.

§ 4912

(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.
(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 section 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 manner 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 collected 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 section 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 section 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 District 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.
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)’’.

§ 4913

TITLE 16—CONSERVATION

(c) Other enforcement
The importation of an exotic bird is deemed to
be transportation of wildlife for purposes of section 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

Page 2474

feiture of property collected under this chapter in excess of the cost of paying rewards
under section 4912(c) of this title;
(B) donations received by the Secretary for
exotic bird conservation; and
(C) such amounts as are appropriated to
the Secretary for conserving exotic birds.
(c) Review and report on other conservation opportunities

(Pub. L. 102–440, title I, § 113, Oct. 23, 1992, 106
Stat. 2231.)

The Secretary, in consultation with appropriate representatives of industry, the conservation community, the Secretariat of the Convention, and other national and international bodies, shall—
(1) review opportunities for a voluntary program of labeling exotic birds, certification of
exotic bird breeding facilities and retail outlets, and provision of privately organized or
funded technical assistance to other nations;
and
(2) report to the Congress the results of this
review within 2 years after October 23, 1992.

Editorial Notes

(Pub. L. 102–440, title I, § 114, Oct. 23, 1992, 106
Stat. 2232.)

The authority of the Secretary under this
chapter is in addition to and shall not affect the
authority of the Secretary under the Endangered 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 modifying any provision of Federal law.

REFERENCES IN TEXT
Act of December 28, 1973, referred to in subsec.
(a)(1)(D), and the Endangered Species Act of 1973, referred to in subsec. (e), are Pub. L. 93–205, Dec. 28, 1973,
87 Stat. 884, as amended, 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 section 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 subsection (b) to provide financial and technical assistance for projects to conserve exotic birds in
their native countries. In selecting projects for
assistance, the Secretary shall give particular
attention to species that are subject to an import moratorium or quota under this chapter, in
order to assist those countries in the development and implementation of conservation management programs, or law enforcement, or both.
(b) Fund
(1) Establishment
There is established in the Treasury a separate account, which shall be known as the
‘‘Exotic Bird Conservation Fund’’.
(2) Contents
The Fund shall consist of—
(A) all amounts received by the United
States in the form of penalties, fines, or for-

§ 4914. Marking and recordkeeping
(a) In general
The Secretary is authorized to promulgate
regulations to require marking or recordkeeping
that the Secretary determines will contribute
significantly to the ability of the Secretary to
ensure compliance with the prohibitions of section 4910 of this title, for—
(1) any exotic bird that is imported after October 23, 1992; or
(2) any other exotic bird that is—
(A) hatched after October 23, 1992;
(B) offered for sale; and
(C) of a species—
(i) the export of which from any country
of origin is prohibited; and
(ii) that is subject to a high level of illegal trade.
(b) Avoiding deterrence of breeding
The Secretary shall seek to ensure that regulations promulgated under this section will not
have the effect of deterring captive breeding of
exotic birds.
(Pub. L. 102–440, title I, § 115, Oct. 23, 1992, 106
Stat. 2232.)
§ 4915. Authorization of appropriations
There are authorized to be appropriated to the
Secretary $5,000,000 for each of the fiscal years
1993, 1994, and 1995 to carry out this chapter, to
remain available until expended.
(Pub. L. 102–440, title I, § 116, Oct. 23, 1992, 106
Stat. 2233.)
§ 4916. Relationship to State law
Nothing in this chapter may be construed as
precluding the regulation under State law of the
sale, transfer, or possession of exotic birds if
such regulation—
(1) does not authorize any sale, transfer, or
possession of exotic birds that is prohibited
under this chapter; and

Page 2475

TITLE 16—CONSERVATION

(2) is consistent with the international obligations of the United States.
(Pub. L. 102–440, title I, § 117, Oct. 23, 1992, 106
Stat. 2233.)
CHAPTER 70—NORTH PACIFIC
ANADROMOUS STOCKS CONVENTION
Sec.

5001.
5002.
5003.
5004.
5005.
5006.
5007.
5008.
5009.
5010.
5011.
5012.

Purpose.
Definitions.
United States Commissioners.
Advisory Panel.
Commission recommendations.
Administration and enforcement of Convention.
Cooperation with other agencies.
Enforcement provisions.
Unlawful activities.
Additional prohibitions and enforcement.
Funding requirements.
Disposition of property.

§ 5001. Purpose
It is the purpose of this chapter to implement
the Convention for the Conservation of Anadromous Stocks in the North Pacific Ocean,
signed in Moscow, February 11, 1992.
(Pub. L. 102–567, title VIII, § 802, Oct. 29, 1992, 106
Stat. 4309; Pub. L. 102–587, title VIII, § 8002, Nov.
4, 1992, 106 Stat. 5098; Pub. L. 106–562, title III,
§ 304(a), Dec. 23, 2000, 114 Stat. 2806.)
Editorial Notes
REFERENCES IN TEXT
This chapter, referred to in text, was in the original
‘‘this title’’, meaning title VIII of Pub. L. 102–567, which
is classified generally to this chapter. For complete
classification of title VIII to the Code, see Short Title
note below and Tables.
CODIFICATION
Title VIII of Pub. L. 102–567 and Pub. L. 102–587 enacted identical sections. Title VIII of Pub. L. 102–587
was repealed by Pub. L. 106–562.
Statutory Notes and Related Subsidiaries
SHORT TITLE
Pub. L. 102–587, title VIII, § 8001, Nov. 4, 1992, 106 Stat.
5098, which provided that title VIII of Pub. L. 102–587,
which enacted this chapter and repealed sections 1021
to 1023, 1025 to 1027, 1029, 1030, and 1032 to 1035 of this
title and provisions set out as notes under section 1021
of this title, could be cited as the ‘‘North Pacific Anadromous Stocks Convention Act of 1992’’, was repealed
by Pub. L. 106–562, title III, § 304(a), Dec. 23, 2000, 114
Stat. 2806.
Pub. L. 102–567, title VIII, § 801, Oct. 29, 1992, 106 Stat.
4309, provided that: ‘‘This title [enacting this chapter
and repealing sections 1021 to 1023, 1025 to 1027, 1029,
1030, and 1032 to 1035 of this title and provisions set out
as notes under section 1021 of this title] may be cited
as the ‘North Pacific Anadromous Stocks Act of 1992’.’’

§ 5002. Definitions
As used in this chapter, the term—
(1) ‘‘Anadromous stocks’’ means stocks of
species listed in the Annex to the Convention
that migrate into the Convention area.
(2) ‘‘Anadromous fish’’ means fish of the species listed in the Annex to the Convention
that migrate into the Convention area.

§ 5002

(3) ‘‘Authorized officer’’ means a law enforcement official authorized to enforce this
chapter under section 5008(a) of this title.
(4) ‘‘Commission’’ means the North Pacific
Anadromous Fish Commission provided for by
article VIII of the Convention.
(5) ‘‘Convention’’ means the Convention for
the Conservation of Anadromous Stocks of the
North Pacific Ocean, signed in Moscow, February 11, 1992.
(6) ‘‘Convention area’’ means the waters of
the North Pacific Ocean and its adjacent seas,
north of 33 degrees North Latitude,1 beyond
200 nautical miles from the baselines from
which the breadth of the territorial sea is
measured.
(7) ‘‘Directed fishing’’ means fishing targeted at a particular species or stock of fish.
(8) ‘‘Ecologically related species’’ means living marine species which are associated with
anadromous stocks found in the Convention
area, including, but not restricted to, both
predators and prey of anadromous fish.
(9) ‘‘Enforcement officer’’ means a law enforcement official authorized by any Party to
enforce this chapter.
(10) ‘‘Exclusive economic zone’’ means the
zone established by Proclamation Numbered
5030, dated March 10, 1983. For purposes of applying this chapter, the inner boundary of that
zone is a line coterminous with the seaward
boundary of each of the coastal States.
(11) ‘‘Fish’’ means finfish, mollusks, crustaceans, and all other forms of marine animal
and plant life other than marine mammals and
birds.
(12) ‘‘Fishing’’ means—
(A) the catching, taking, or harvesting of
fish, or any other activity that can reasonably be expected to result in the catching,
taking, or harvesting of fish; or
(B) any operation at sea in preparation for
or in direct support of any activity described
in subparagraph (A).
(13) ‘‘Fishing vessel’’ means—
(A) any vessel engaged in catching fish
within the Convention area or in processing
or transporting fish loaded in the Convention area;
(B) any vessel outfitted to engage in any
activity described in subparagraph (A);
(C) any vessel supporting a vessel described in subparagraph (A) or (B).
(14) ‘‘Incidental taking’’ means catching,
taking, or harvesting a species or stock of fish
while conducting directed fishing for another
species or stock of fish.
(15) ‘‘Party’’ means Canada, Japan, the Russian Federation, the United States, and any
other nation that may accede to the Convention.
(16) ‘‘Secretary’’ means the Secretary of
State.
(17) ‘‘United States Section’’ means the
United States Commissioners of the Commission.
(Pub. L. 102–567, title VIII, § 803, Oct. 29, 1992, 106
Stat. 4309; Pub. L. 102–587, title VIII, § 8003, Nov.
1 So

in original. Probably should not be capitalized.