Laws: Cases and Codes : U.S. Code : Title 16 : Section 4901


   
U.S. Code as of: 01/19/04
Section 4901. Findings

      The Congress finds the following:
        (1) In addition to habitat loss and local use, the
      international pet trade in wild-caught exotic birds is
      contributing to the decline of species in the wild, and the
      mortality associated with the trade remains unacceptably high.
        (2) The United States, as the world's largest importer of
      exotic birds and as a Party to the Convention, should play a
      substantial role in finding effective solutions to these
      problems, including assisting countries of origin in implementing
      programs of wild bird conservation, and ensuring that the market
      in the United States for exotic birds does not operate to the
      detriment of the survival of species in the wild.
        (3) Sustainable utilization of exotic birds has the potential
      to create economic value in them and their habitats, which will
      contribute to their conservation and promote the maintenance of
      biological diversity generally.
        (4) Utilization of exotic birds that is not sustainable should
      not be allowed.
        (5) Broad international attention has focused on the serious
      conservation and welfare problems which currently exist in the
      trade in wild-caught animals, including exotic birds.
        (6) Many countries have chosen not to export their wild birds
      for the pet trade. Their decisions should be respected and their
      efforts should be supported.
        (7) Several countries that allow for the export of their wild
      birds often lack the means to develop or effectively implement
      scientifically based management plans, and these countries should
      be assisted in developing and implementing management plans to
      enable them to ensure that their wild bird trade is conducted
      humanely and at sustainable levels.
        (8) The major exotic bird exporting countries are Parties to
      the Convention.
        (9) The Convention recognizes that trade in species that are
      threatened with extinction, or that may become so, should be
      subject to strict regulation.
        (10) The necessary population assessments, monitoring programs,
      and appropriate remedial measures for species listed in Appendix
      II of the Convention are not always being undertaken in order to
      maintain species at levels above which they might become eligible
      for inclusion in Appendix I of the Convention.
        (11) Resolutions adopted pursuant to the Convention recommend
      that the Parties to the Convention take appropriate measures
      regarding trade in species of exotic birds that have
      significantly high mortality rates in transport, including
      suspension of trade for commercial purposes between Parties when
      appropriate.
        (12) Article XIV provides that the Convention in no way affects
      the right of any Party to the Convention to adopt stricter
      domestic measures for the regulation of trade in all species,
      whether or not listed in an Appendix to the Convention.
        (13) The United States prohibits the export of all birds native
      to the United States that are caught in the wild.
        (14) This chapter provides a series of nondiscriminatory
      measures that are necessary for the conservation of exotic birds,
      and furthers the obligations of the United States under the
      Convention.



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