Title 16ConservationRelease 119-73

§4906 Qualifying facilities

Title 16 › Chapter CHAPTER 69— - WILD EXOTIC BIRD CONSERVATION › § 4906

Last updated Apr 6, 2026|Official source

Summary

When someone files a petition, the Secretary must decide if an exotic bird breeding facility qualifies. The decision lasts for a period the Secretary sets, but never more than 3 years. The Secretary must also publish a list of qualifying facilities in the Federal Register from time to time. To qualify, the Secretary must find six things: the facility can produce enough captive-bred birds for the imports planned; its work does not harm the species in the wild; it treats birds humanely; the host country's government has given written proof that the facility can breed the species; that country is a party to the Convention; and every bird exported from the facility was bred there.

Full Legal Text

Title 16, §4906

Conservation — Source: USLM XML via OLRC

(a)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)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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 4906

Title 16Conservation

Last Updated

Apr 6, 2026

Release point: 119-73