Title 16, ConservationRelease 119-110

§4906 Qualifying Facilities

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

Last updated Sep 22, 2026|Official source

Summary

When someone petitions, the Secretary must decide if an exotic bird breeding facility qualifies. The decision can last up to 3 years, and a list of qualifying facilities must be published in the Federal Register. To qualify, the facility must meet six points: it can produce the numbers to be imported; it does not harm wild populations; it is humane; the country where it is located gives a written government certificate that the Secretary accepts saying it can breed the species; the 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)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.

Reference

Citations & Metadata

Citation

16 U.S.C. § 4906

Title 16, Conservation

Last Updated

Sep 22, 2026

Release point: 119-110