Page:United States Statutes at Large Volume 106 Part 3.djvu/433

 PUBLIC LAW 102-440—OCT. 23, 1992 106 STAT. 2227 (ii) there is not sufficient information available on which to base a judgment that the species is not detrimentally affected by trade in that species, or (iii) remedial measures have been recommended by the Standing Committee of the Convention that have not been implemented; and (B) the suspension might be necessary for the conservation of the species. (2) TERMINATION OF SUSPENSION.— A species of exotic birds shall be subject to a suspension of importation under paragraph (1) until the Secretary, after notice and an opportunity for public comment, makes the findings described in section 106(c) and includes the species in the list published under section 106(a). (c) MORATORIUM AFTER ONE YEAR FOR OTHER SPECIES LISTED IN APPENDICES.—Effective on the date that is one year after the date of the enactment of this Act, the importation of any exotic bird of a species that is listed in any Appendix to the Convention is prohibited unless the Secret£uy makes the findings described in section 106(c) and includes the species in the list published under section 106(a). (d) LIMITATION ON NUMBER IMPORTED DURING FIRST YEAR. — Notwithstanding any other provision of this Act, the Secretary shall prohibit the importation, during the 1-year period beginning on the date of the enactment of this Act, of exotic birds of each species that is listed under any Appendix to the Convention in excess of the number of that species that were imported during the most recent year for which the Secretary has complete import data. SEC. 106. UST OF APPROVED SPECIES. 16 USC 4905. (a) LISTING. — (1) IN GENERAL. —One year after the date of enactment Federal of this Act and periodically theresifter, the Secretary shall, ^j^^^^-gn after notice and an opportunity for public comment, publish P ^ ^ "- in the Federal Register a list of species of exotic birds that are Usted in an Appendix to the Convention and that are not subject to a prohibition or suspension of importation otherwise applicable under section 105(a), (b), or (c). (2) MANNER OF LISTING. —The Secretary shall list a species under paragraph (1) with respect to— (A) the countries of origin from which the species may be imported; and (B) if appropriate, the qualifying facilities in those countries from which the species may be imported. (3) BASES FOR DETERMINATIONS.— In making a determination required under this subsection, the Secretary shall— (A) use the best scientific information available; and (B) consider the adequacy of regulatory and enforcement mechanisms in all countries of origin for the species, including such mechanisms for control of illegal trade. /' (b) CAPTIVE BRED SPECIES.— The Secretary shall include a species of exotic birds in the list under subsection (a) if the Secretary determines that— (1) the species is regularly bred in captivity and no wildcaught birds of the species are in trade; or (2) the species is bred in a qualifying facility.

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