C.F.R. » Title 50 » CHAPTER I—UNITED STATES FISH AND WILDLIFE SERVICE, DEPARTMENT OF THE INTERIOR › SUBCHAPTER B—TAKING, POSSESSION, TRANSPORTATION, SALE, PURCHASE, BARTER, EXPORTATION, AND IMPORTATION OF WILDLIFE AND PLANTS › PART 15—WILD BIRD CONSERVATION ACT › Subpart B—Prohibitions and Requirements

50 C.F.R. § 15.11

Prohibitions

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(a) Except as provided under a permit issued pursuant to subpart C of this part, it is unlawful for any person subject to the jurisdiction of the United States to commit, attempt to commit, to solicit another to commit, or to cause to be committed, any of the acts described in paragraphs (b) through (f) of this section in regard to any exotic bird.

(b) It is unlawful to import into the United States any exotic bird species listed in the Appendices to the Convention that is not included in the approved list of species, pursuant to subpart D of this part, except that this paragraph (b) does not apply to any exotic bird that was bred in a foreign breeding facility listed as qualifying pursuant to subpart E of this part.

(c) It is unlawful to import into the United States any exotic bird species not listed in the Appendices to the Convention that is listed in the prohibited species list, pursuant to subpart F of this part.

(d) It is unlawful to import into the United States any exotic bird species from any country included in the prohibited country list, pursuant to subpart F of this part.

(e) It is unlawful to import into the United States any exotic bird species from a qualifying facility breeding exotic birds in captivity, listed pursuant to subpart E of this part, if the exotic bird was not captive-bred at the listed facility.

(f) It is unlawful for any person subject to the jurisdiction of the United States to engage in any activity with an exotic bird imported under a permit issued pursuant to this part that violates a condition of said permit.

[58 FR 60536, Nov. 16, 1993, as amended at 59 FR 62255, Dec. 2, 1994]
Notes of Decisions
Cited in 1 case, 1994–1994 · leading case: Humane Soc'y of the United States v. Babbitt, 849 F. Supp. 814 (D.D.C. 1994).
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Humane Soc'y of the United States v. Babbitt, 849 F. Supp. 814 (D.D.C. 1994). · cites it 4× “16, 1993), to be codified at 50 C.F.R. § 15.11 (b)(2). 1 Plaintiffs argue that this provision violates the plain language of the Act, which bars the importation of “any” species listed in “any” appendix to the Convention.”
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