16 U.S.C. § 4910

Prohibited acts

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(a) Prohibitions(1) In generalSubject to paragraph (2), it is unlawful for any person to—(A) import any exotic bird in violation of any prohibition, suspension, or quota on importation under section 4904 or 4907 of this title;(B) import an exotic bird of a species that pursuant to section 4905(a)(2)(B) of this title is included in a list under section 4905 of this title, if the bird was not captive bred at a qualifying facility; or(C) violate any regulation promulgated by the Secretary pursuant to authority provided by this chapter.(2) Limitation

Paragraph (1)(A) and (B) does not apply to importations made incident to the transit of exotic birds through the United States to foreign countries if the applicable requirements of the Convention have been satisfied with respect to the trade in those exotic birds.

(b) Burden of proof for exemptions

Any person claiming the benefit of any exemption or permit under this chapter shall have the burden of proving that the exemption or permit is applicable or has been granted, and was valid and in force at the time of the alleged violation.

(Pub. L. 102–440, title I, § 111, Oct. 23, 1992, 106 Stat. 2230.)

Notes of Decisions

Cited in 1 case (1 in the last 5 years), 2022–2022 · leading case: Org. of Prof'l Aviculturist, Inc. v. Cate (S.D. Fla. 2022).

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Org. of Prof'l Aviculturist, Inc. v. Cate (S.D. Fla. 2022). “16 U.S.C. § 4910 (b). They assert they did so here.”

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