§4905 List of Approved Species

Summary

The Secretary must publish, one year after October 23, 1992, and again from time to time, a list in the Federal Register of exotic bird species that are on an Appendix to the Convention and that are not banned under section 4904(a), (b), or (c). Before putting the list out, the Secretary must give notice and let the public comment. The list must say which countries the birds may be imported from and, when needed, which qualifying facilities in those countries may supply them. When deciding what to put on the list, the Secretary must use the best scientific information and look at how strong each source country’s rules and enforcement are, including efforts to stop illegal trade. A species must be listed if it is regularly bred in captivity with no wild-caught birds in trade, or if it is bred in a qualifying facility. A species can also be listed if the Convention is being effectively carried out for that species — meaning source countries are following the Convention (such as having a scientific authority and meeting Article IV and related measures), there is a science-based management plan that protects the species and habitat, keeps use sustainable and well above threat levels, addresses problems like illegal trade and habitat loss, the plan is being enforced, and capture, transport, and care methods minimize harm and avoid inhumane treatment.