Page:United States Statutes at Large Volume 106 Part 3.djvu/432

 106 STAT. 2226 PUBLIC LAW 102-440—OCT. 23, 1992 (ii) birds in the following families: Phasianidae, Numididae, Cracidae, Meleagrididae, Megapodiidae, Anatidae, Struthionidae, Rheidae, Dromaiinae, and Gruidae. (3) Each of the terms "import" and "importation" means to land on, bring into, or introduce into, or attempt to land on, bring into, or introduce into, any place subject to the jurisdiction of the United States. (4) The term "person" means an individual, corporation, partnership, trust, association, or any other private entity; or any officer, employee, agent, department, or instrumentality of the Federal Government, of any State, mimicipality, or political subdivision of a State, or of any foreign government; any State, municipality, or political subdivision of a State; or any other entity subject to the jurisdiction of the United States. (5) The term "qualifying facility" means an exotic bird breeding facility that is included in a list published by the Secretary under section 107. (6) The term "Secretary" means the Secretary of the Interior or a designee of the Secretary of the Interior. (7) The term "species"— (A) means any species, any subspecies, or any distinct population segment of a species or subspecies; and (B) includes hybrids of any species or subspecies. (8) The term "United States" means the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, the Virgin Islands, Guam, the Commonwealth of the Northern Mariana Islands, and the Trust Territory of the Pacific Islands. 16 USC 4904. SEC. 105. MORATORIA ON IMPORTS OF EXOTIC BIRDS COVERED BY CONVENTION. (a) IMMEDIATE MORATORIUM.^ (1) ESTABLISHMENT OF MORATORIUM. —The importation of any exotic bird of a species identified as a category B species in the report entitled "Report of the Animals Committee", adopted by the 8th meeting of the Conference of the Parties to the Convention, is prohibited. (2) TERMINATION OF MORATORIUM.— ^A species of exotic birds shall be subject to the prohibition on importation established by paragraph (1) until the Secretary, after notice and an opportunity for public comment— (A) determines that appropriate remedial measures have been taken in the countries of origin for that species, so as to eliminate the threat of trade to the conservation of the species; and (B) makes the findings described in section 106(c) for the species and includes the species in the list published under section 106(a). (b) EMERGENCY AUTHORITY TO SUSPEND IMPORTS OF LISTED SPECIES.— (1) AUTHORITY TO SUSPEND IMPORTS. — The Secretary is authorized to suspend the importation of exotic birds of any species that is listed in any Appendix to the Convention, and if applicable remove the species from the list under section 106(a), if the Secretary determines that— (A)(i) trade in that species is detrimental to the species.

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