Title 16, ConservationRelease 119-110

§4905 List of Approved Species

Title 16 › CHAPTER 69 — WILD EXOTIC BIRD CONSERVATION › § 4905

Last updated Sep 22, 2026|Official source

Summary

The Secretary must publish, starting one year after October 23, 1992 and again from time to time, a public list of exotic bird species from the Convention appendices that may be imported into the United States. The list is published after notice and public comment and does not include species that are banned or suspended by other import rules. Each listed species must show the countries it can come from and, when needed, which approved facilities in those countries may supply the birds. The Secretary must use the best scientific information and check that the countries have good laws and enforcement to stop illegal trade. A species is put on the list if it is captive-bred and not mixed with wild-caught birds in trade, or if it is bred in an approved facility. Wild-caught species can be listed only if the Convention is being properly carried out for that species in each source country (including having scientific authorities and following Article IV and party recommendations), a science-based management plan exists and is enforced, the plan protects the species and its habitat and keeps use at safe levels, and capture, transport, and care methods reduce harm and avoid inhumane treatment.

Full Legal Text

Title 16, §4905

Conservation, Source: USLM XML via OLRC

(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;
(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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 4905

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110