16 U.S.C. § 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.(Pub. L. 102–440, title I, § 102, Oct. 23, 1992, 106 Stat. 2224.)Statutory Notes and Related SubsidiariesShort TitlePub. L. 102–440, title I, § 101, Oct. 23, 1992, 106 Stat. 2224, provided that: “This title [enacting this chapter] may be cited as the ‘Wild Bird Conservation Act of 1992’.”
Notes of Decisions
Cited in
4
cases (
1 in the last 5 years), 1994–2025 · leading case:
United States v. Cullen, 499 F.3d 157 (2d Cir. 2007).
United States v. Cullen, 499 F.3d 157 (2d Cir. 2007).
“In the first place, defendant was prosecuted, convicted and sentenced under the Wild Bird Conservation Act of 1992 (Wild Bird Act or Act), 16 U.S.C. § 4901 et seq., a federal statute that includes civil and criminal penalties.”
Humane Soc'y of the United States v. Babbitt, 849 F. Supp. 814 (D.D.C. 1994).
· cites it 2× “The Wild Bird Conservation Act of 1992, 16 U.S.C. § 4901 et seq., (the “Act”), is intended “to conserve birds in the wild in order to protect their genetic diversity and the *815 integrity of the ecosystem in which they are found.”
United States v. Cullen (2d Cir. 2007).
“In the first place, defendant was prosecuted, 4 convicted and sentenced under the Wild Bird Conservation Act of 5 1992 (Wild Bird Act or Act), 16 U.S.C. § 4901 et seq., a federal 6 statute that includes civil and criminal penalties.”
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