Wild Bird Conservation Act

Legal Authority

• 16 U.S.C. §§ 4901–4916 (Wild Bird Conservation Act of 1992) — Prohibits the importation of most wild-caught exotic bird species listed in CITES appendices unless FWS has approved the species for import; establishes criminal penalties for violations; authorizes FWS to create cooperative programs to benefit wild bird populations in country of origin
• 50 CFR Part 15 — U.S. Fish and Wildlife Service implementing regulations; governs the approved species list, import permit requirements, exemptions for scientific research and personal pets, prohibited species and source-country list, and enforcement

Key Mechanics

The Wild Bird Conservation Act (WBCA, 16 U.S.C. §§ 4901–4916) effectively ended the commercial import of wild-caught exotic birds into the United States. Before 1992, the U.S. was the world's largest importer of wild-caught parrots, macaws, and cockatoos — hundreds of thousands annually — with mortality rates of 60-80% during capture and transport. Under 50 CFR Part 15, importing a CITES-listed exotic bird species for commercial purposes is prohibited unless the species appears on FWS's Approved List. To appear on the approved list, a country must demonstrate that its export programs are humane, scientifically based, and not detrimental to wild populations. FWS also maintains a Prohibited Species List for species whose trade poses the greatest conservation risk; listed species cannot be imported under any circumstances. Exemptions exist for: personal pets (one bird per person per year, not for resale); scientific research (permit required); cooperative breeding programs (permit required); and law enforcement or educational purposes. Imports of captive-bred birds — typically from facilities certified by FWS — are handled under a separate permit pathway. Violations are criminal offenses with fines up to $25,000 and imprisonment up to one year per violation for misdemeanor violations; felony penalties apply for knowing violations with intent to profit.

Current Rule (2026)

What This Rule Does

The Wild Bird Conservation Act (WBCA) of 1992 essentially ended commercial imports of most wild-caught exotic birds into the United States. Before the Act, the U.S. was the world's largest importer of wild-caught parrots, macaws, cockatoos, and other exotic birds — hundreds of thousands per year — a trade associated with mortality rates of 60–80% during capture and transport and population crashes for many species in the wild. Congress responded by making it unlawful to import any exotic bird species listed in the appendices of the Convention on International Trade in Endangered Species (CITES) unless that species appears on FWS's approved list. Species that are not on the approved list, that originate from banned countries, or that appear on a separate prohibited species list cannot be imported for commercial purposes under any circumstances.

FWS maintains the approved list based on whether the importing country can certify that the species' wild population can sustain export, whether the country has management programs in place, and whether the CITES listing reflects actual sustainability. Species regularly reviewed for removal from the approved list when export data suggests overextraction. The practical effect is that nearly all exotic birds sold in the U.S. today are domestically bred, not wild-caught — a transformation from the pre-1992 market.

The regulations at 50 CFR Part 15 implement the statute and govern who can import, under what permits, and with what documentation. The Part also establishes the cooperative breeding program approval process, which allows zoos and conservation programs to participate in international genetic exchange outside the normal import prohibition.

Key Provisions

• § 15.11 — Prohibitions: it is unlawful to import any CITES-listed exotic bird not on the FWS approved list; to import any bird from a country on the prohibited country list; to import any bird on the prohibited species list; or to possess, sell, or transport any exotic bird imported in violation of the Act; penalties flow from WBCA § 4912 and may also invoke Lacey Act liability
• § 15.12 — Requirements: any exotic bird import requires either a permit under Subpart C or compliance with the approved list under Subpart D; one categorical exception allows re-import of a U.S.-exported bird by its original exporter if accompanied by the original CITES export permit
• § 15.21 — Permit eligibility: FWS may issue import permits for four purposes only — scientific research; zoological breeding or display programs; cooperative breeding programs designed to maintain species in the wild; and personally owned pet birds of persons returning to the U.S. after being abroad for more than one year; commercial import permits are not available for CITES-listed species not on the approved list
• § 15.22 — Scientific research permits: applicant must provide species common and scientific name, age class and sex if known, source country and collection region, status of the species in the collection region, copies of any foreign collecting permits, and a description of the scientific objectives; FWS evaluates whether the research purpose justifies import and whether the bird's welfare will be protected
• § 15.23 — Zoological permits: applicant must demonstrate that the exotic bird is part of a coordinated species survival plan or similar breeding/display program managed by an accredited zoo; FWS evaluates whether the importation serves genuine conservation or educational purposes
• § 15.25 — Cooperative breeding program approval: organizations may seek FWS approval of their cooperative breeding program, which then allows program participants to import covered species without individual permits; approved programs must demonstrate they are managed for conservation benefit to wild populations, not for commercial gain; FWS may revoke approval if program objectives change
• §§ 15.31–15.33 — Approved species list procedures: FWS publishes the approved list in the Federal Register; any person may petition to add a species (showing sustainable export) or remove a species (showing unsustainable export or population stress); FWS consults the CITES Secretariat and range-country governments before listing decisions; the list is reviewed at least every two years
• §§ 15.41–15.45 — Prohibited country and species lists: FWS may add a country to the prohibited list if it lacks CITES enforcement capacity, fails to report required trade data, or has a pattern of illegal wild bird trade; FWS may add species to the prohibited species list based on population assessments indicating the species cannot sustain any import regardless of source country

How It Affects You

If you breed exotic birds and sell them domestically, the WBCA does not directly regulate you — it covers import, not domestic breeding and sale. But the Act shaped the domestic market you operate in: by closing off wild-caught imports, it created demand for captive-bred birds and established that captive-bred birds are the legal norm in U.S. commerce.

If you are a zoo, wildlife conservancy, or research institution wanting to import exotic birds for breeding programs or research, you need a FWS permit under Subpart C. The permit application process takes 60–90 days; incomplete applications or species without strong documentation of conservation purpose are frequently denied or returned. Zoos participating in CITES-coordinated Species Survival Plans (SSPs) may qualify for cooperative breeding program approval, which streamlines ongoing imports without individual permits for each bird.

If you are a private individual returning to the U.S. after living abroad for more than a year with a pet bird, you may import that bird without a commercial permit — but the bird must be your personally owned pet (not purchased abroad for import), and you must have been absent for more than 12 months. The bird must still comply with USDA import health requirements (90-day quarantine for psittacine birds entering the U.S. for the first time).

Statutory Authority

This rule implements:

• 16 U.S.C. §§ 4901–4916 — Wild Bird Conservation Act of 1992 (Pub. L. 102-440): directs FWS to establish an approved species list, approved cooperative breeding programs, and prohibited country and species lists; authorizes import permits for scientific research and conservation purposes; provides civil penalties up to $25,000 per violation and criminal penalties for knowing violations

Recent Rulemakings

• 82 FR 16540 (2017) — Updated the approved list of exotic bird species and revised the cooperative breeding program approval procedures
• 79 FR 43964 (2014) — Amended the prohibited species list based on updated population assessments for several psittacine species
• 63 FR 52634 (1998) — Revised permit application requirements for scientific research and zoological programs

Pending Action