16 U.S.C. § 4911

Exemptions

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Notwithstanding any prohibition, suspension, or quota under this chapter on the importation of a species of exotic bird, the Secretary may, through the issuance of import permits, authorize the importation of a bird of the species if the Secretary determines that such importation is not detrimental to the survival of the species and the bird is being imported exclusively for any of the following purposes:(1) Scientific research.(2) As a personally owned pet of an individual who is returning to the United States after being continuously out of the country for a minimum of one year, except that an individual may not import more than 2 exotic birds under this paragraph in any year.(3) Zoological breeding or display programs.(4) Cooperative breeding programs that are—(A) designed to promote the conservation of the species and maintain the species in the wild by enhancing the propagation and survival of the species; and(B) developed and administered by, or in conjunction with, an avicultural, conservation, or zoological organization that meets standards developed by the Secretary.(Pub. L. 102–440, title I, § 112, Oct. 23, 1992, 106 Stat. 2230.)

Notes of Decisions

Cited in 3 cases (1 in the last 5 years), 2007–2022 · leading case: United States v. Cullen, 499 F.3d 157 (2d Cir. 2007).

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United States v. Cullen, 499 F.3d 157 (2d Cir. 2007). · cites it 4× “16 U.S.C. § 4911 . These four purposes are scientific research; personally owned pets of a person returning to the United States after being out of the country for at least one year; zoological breeding or display programs; and certain cooperative breeding programs.”

United States v. Cullen (2d Cir. 2007). · cites it 3× “16 U.S.C. § 4911 . These four 23 purposes are scientific research; personally owned pets of a 24 person returning to the United States after being out of the 25 country for at least one year; zoological breeding or display 26 programs; and certain cooperative breeding programs.”

Org. of Prof'l Aviculturist, Inc. v. Cate (S.D. Fla. 2022). “15–16 (citing 16 U.S.C. § 4911 (4); 50 C.F.R. §§ 15.24 , 15.”

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