Page:United States Statutes at Large Volume 106 Part 3.djvu/431

 PUBLIC LAW 102-440—OCT. 23, 1992 106 STAT. 2225 (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 title 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. SEC. 103. STATEMENT OF PURPOSE. 16 USC 4902. The purpose of this title is to promote the conservation of exotic birds by— (1) assisting wild bird conservation and management programs in the countries of origin of wild birds; (2) ensuring that all trade in species of exotic birds involving the United States is biologically sustainable and is not detrimental to the species; (3) limiting or prohibiting imports of exotic birds when necessary to ensure that— (A) wild exotic bird populations are not harmed by removal of exotic birds from the wild for the trade; or (B) exotic birds in trade are not subject to inhumane treatment; and (4) encouraging and supporting effective implementation of the Convention. SEC. 104. DEFINmONS. 16 USC 4903. In this title— (1) The term "Convention" means the Convention on International Trade in Endangered Species of Wild Fauna and Flora, as amended, signed in Washington on March 3, 1973, and the Appendices thereto. (2) The term "exotic bird"— (A) means any live or dead member of the class Aves that is not indigenous to the 50 States or the District of Columbia, including any egg or offspring thereof; and (B) does not include— (i) domestic poultry, dead sport-hunted birds, dead museum specimens, dead scientific specimens, or products manufactured from such birds; or

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