Full Text of Congressional Bill HR 5013

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Full Text of Congressional Bill HR 5013

Post by Thuan Nguy » Wed, 08 Jul 1992 03:24:40



The following is the full text of bill HR 5013, the [almost] current
version of the bird conservation bill.  Gary Sullivan told me that
the most current version of the bill does not have SECTION 9.
Gary also said that this bill will be voted on very soon.

The text was typed in by Denise Richards.  (Thanks, Denise).  

This bill will have wide reaching impact on the hobby.  Please let your
Congressional Representative know what you like or don't like
about this bill before they vote on it.  

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H.R. 5013

A bill to promote the conservation of *** wild birds.
In the House Of Representatives April 29, 1992
Mr. Studds introduced the following bill; which was referred jointly to the
Committees on Merchant Marine Fisheries and Ways and Means.

A BILL

A bill to promote the conservation of *** wild birds.
Be it enacted by the Senate and the House of Representatives of the United
States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the "Wild Bird Conservation Act of 1992".

SEC. 2. STATEMENT OF PURPOSE.

The purpose of this Act is to promote the conservation of *** birds by
encouraging wild bird conservation and management programs in countries of
origin; by ensuring that all trade in such species involving the United
States is biologically sustainable and to the benefit of the species; and
by limiting or prohibiting imports of *** birds when necessary to ensure
that *** wild bird populations are not harmed be removal for the trade.

SEC. 3. FINDINGS.

The Congress finds that--

(1) the international pet trade in wild-caught birds is contributing to
the decline of many species in the wild, and that mortality remains
unacceptably high for many species;

(2) the United States, as the world's largest importer of *** wild birds,
should play a substantial role in finding solutions to these problems,
including in assisting countries of origin in implementing programs of wild
bird conservation, and in ensuring that their actions are not detrimental to
the survival of the species in the wild;

(3) although sustainable utilization of *** birds has the potential to
create values in them and their habitats that can help conserve them, and
promote the maintenance of biological diversity, utilization that is not
sustainable should not be allowed;

(4) many countries have chosen not to export their wild birds for the pet
trade, and their efforts should be supported;

(5) those countries that choose to export their wild birds often lack the
means to effectively implement scientifically based management plans, and
should be assisted to bring their wild bird trade down to sustainable levels;

(6) international concern has been focused on serious conservation problems
which currently exist in the trade in wild-caught animals, including birds;

(7) article XVI of the Convention permits any party to adopt stricter domestic
measures for the regulation of trade in all species, whether or not listed in
the appendices;

(8) the necessary population assessments, monitoring programs, and appropriate
remedial measures for appendix II species are not always being undertaken in
order to maintain species at level above which they might become eligible for
inclusion in Appendix I; and

(9) the parties to the Convention have recommended that parties take
appropriate measures, including suspension of trade for commercial purposes
between parties when appropriate, regarding trade in species of birds that
have significantly high mortality rates in transport.

SEC. 4. DEFINITIONS

For the purposes of this Act--
(1) the term "Convention" means the Convention on International Trade in
Endangered Species of Wild Fauna and Flora, signed on March 3, 1973, and
the appendices thereto.

(2) the term "*** bird" means any live or dead member of the class Aves
that is not indigenous to the United States, and includes any egg, or
offspring thereof, or the dead body or parts thereof, excluding domestic
poultry, dead sport-hunted birds, dead museum specimens, dead scientific
specimens, and products manufactured from such birds, and birds in the
following families: Phasianidae, Numididae, Cracidae, Meleagrididae,
Megapodiidae, Anatidae, Struthionidae, Rheaidae, Dromaiinae, and Gruidae.

(3) the term "import" 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, whether or not such landing, bringing,
or introduction constitutes an importation within the meaning of the customs
laws 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, or any State,
municipality, or political subdivision of a State; or any other entity
subject to the jurisdiction of the United States.

(5) the term :Secretary" means the Secretary of the Interior or the Secretary
of the Interior's designee.

(6) the term "species" means any species, subspecies or any distinct
population segment of such species or subspecies and includes hybrids of any
of the above.

(7) the term "State" means any of the several States, the District of Columbia,
the Commonwealth of Puerto Rico, American Samoa, the *** Islands, Guam,
and the Trust Territory of the Pacific Islands.

(8) the term :sustainable use" means any use of an *** bird that ensures
that the bird is removed from the wild in a manner designed to conserve its
species and its habitat. Such use involves, among other things: the scientific
determination of the productive capacities of the species and its associated
ecosystems, and the implementations of a management program of use designed
to maintain the species throughout its range at a level consistent with
its role in the ecosystem and well above the level at which it may become
threatened.

(9) the term "trade" means import.

(10) the term "United States" when used in a geographical context includes all States as defined in the Act.

SEC. 5. RESTRICTION OF IMPORTS.

(a) Prohibition. --Four years after the date of enactment of this Act and
thereafter, the importation of any species of *** bird into the United
States is prohibited unless such species is included as an approved species
in the list to be established and maintained by the Secretary under section
5(b) or otherwise permitted under section 7 of this Act.

(b) IMPORT QUOTAS.--(1) PRESCRIBED QUOTAS.--at any time within four years after
the date of the enactment of this Act, the Secretary may prescribe in the
Federal Register specific annual quotas or moratoria with respect to imports of
any species of *** birds. Notice of such quotas shall be provided to affected
exporting countries in sufficient time to provide for their comments and
consultations. Such quotas shall be allocated on a country by country basis,
where appropriate.  In making these determinations, the Secretary shall,
utilizing the best available scientific and management information, consider
the following criteria:

    (A) the population status of the species in the wild, throughout its range;
    (B) actions recommended by the conference of the parties to the Convention,
        Convention committees, or the Convention secretariat to regulate trade
        in *** birds;
    (C) the levels of mortality associated with trade in the species;
    (D) use for commercial, recreational, scientific, educational, or
        subsistence purposes of the species;
    (E) disease, predation, or other natural or human induced factors
        detrimental to the survival of the species;
    (F) the adequacy of regulatory and enforcement mechanisms in all countries
        of origin of the species, including control of illegal trade;
    (G) the present of threatened destruction or curtailment of the habitat or
        range of the species;
    (H) the country of origin's management plan for the species; and
    (I) the ability of the country of origin to implement the Convention,
        particularly as regards the establishment of a scientific authority
        and the implementation of Article IV of the Convention.

(2) ANNUAL QUOTAS.--Unless the Secretary has prescribed specific quotas on
imports of *** birds pursuant to paragraph (1) by the date one hundred and
eighty days after the date of enactment of this Act, the Secretary shall
prescribe quotas pursuant to the following:

    (A) Determine the average annual imports of each species for the most
        recent five calendar years prior to the date of enactment of the Act,
        hereafter called the "base period".
    (B) For the year beginning on the date of enactment of this Act, limit
        imports of each species to 75 percent of the average annual imports
        during the base period.
    (C) For each successive year thereafter, until the fourth anniversary of
        the date of enactment of this Act or until superseded by specific
        import quotas or restrictions prescribed in accordance with paragraph
        (1), reduce the annual limits on imports of *** birds by 25 percent
        of the average annual imports of each species during the base period.

(3) LIST OF APPROVED SPECIES.--The Secretary shall establish and periodically
modify an approved list of species, on a country-by-country basis when
appropriate, that may be imported without an import permit under this Act.
Species shall only be included on the approved list if:

    (a) After public notice and comment, the Secretary determines, based on
        the best available scientific and management information, that--
        (i) a scientifically based and strictly controlled management plan
            for the species is in place and is implemented and enforced;
       (ii) the management plan for the species provides incentives for the
            conservation of the species and its habitat;
      (iii) the use of the species, on the basis of the management plan, is
            biologically sustainable, for the species and its ecosystem; and
       (iv) the methods of capture, transport, and maintenance of the species
            minimize the risk of injury, damage to health, or cruel treatment;
            or
    (b) the species is not listed on the appendices to the Convention. The
        Secretary may however impose a moratorium or quota at any time for
        these species, after considering the criteria in subsection (b)(1) of
        this section and determining that such moratorium or quota is consistent
        with the purposes if the Act.
    (c) PETITION.--(1) IN GENERAL.-- Any person may at any time submit a
        petition in writing requesting that the Secretary establish or remove
        a restriction, quota, or moratorium under this section. Such a petition
        shall include such information as may be necessary to demonstrate the
        need for the action requested by the petition.

(2) CONSIDERATION AND RULING.--The Secretary shall publish a notice of receipt
of a petition under this subsection in the Federal Register and shall provide
an opportunity for the public to comment on petitions which the Secretary has
determined contain the necessary information. The Secretary shall rule on such
petition not later than ninety days after the close of the comment period.

SEC. 6. PROHIBITED ACTS.

(a) GENERAL.--Except as provided in section 7 of this Act, with respect to any
species of *** bird subject to a moratorium or in excess of a quota or an
annual limit established pursuant to section 5 of this Act it is unlawful for
any person who is subject to the jurisdiction of the United States to--
    (1) import any species of *** bird into the United States;
    (2) violate any regulation pertaining to a prohibition, moratorium, quota,
        or annual limit for any *** bird pursuant to section 5 of this Act
        and promulgated by the Secretary pursuant to authority provide by this
        Act.
(b) VIOLATIONS.--It is unlawful for any person subject to the jurisdiction of
the United States to attempt to commit, solicit another to commit, or cause to
be committed, any offense defined in this section.
(c) EXEMPTIONS.--In connection with any violation of this section any person
claiming the benefit of any exemption or permit under this Act 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.

SEC. 7. EXEMPTIONS.

(a) IN GENERAL.--Notwithstanding the provisions of section 6 of this Act, the
Secretary may, through the issuance of import permits, allow the importation
of any *** bird into the United States if the Secretary determines that
such importation is nondetrimental to the survival of that species and the
bird is being imported for any of the following purposes--
    (1) scientific research,
    (2) as personally owned pet birds'
    (3) zoological display,
    (4) religious purposes, or
    (5) cooperative breeding programs designed to promote the conservation of
        the species in the wild by enhancing the propagation and survival of
        the affected species.
(b) PRE-ACT EXEMPTIONS.--Notwithstanding the provisions of section 6 of this
Act, the Secretary may permit the importation into the United States of any
*** bird subject to a restriction or prohibition on importation under the
provisions of this Act if the Secretary finds that such bird was removed from
the wild and in trade prior to the effective date of any regulation issued
under this Act imposing such restriction or prohibition.

SEC. 8. PENALTIES AND REGULATIONS.

(a) CIVIL PENALTIES.--Any person who knowingly violates, and any person engaged
in business as an importer of *** birds who violates, any provision of this
Act, or any provision of any permit or certificate issued hereunder, or of any
regulation issued in order to implement subsection (a)(1)(2)(3)(4) or (c) of
section 6 of this Act, may be assessed a civil penalty by the Secretary of not
more than $25,000 for each violation. Any person who knowingly violates, and
any person engaged in business as an importer of *** birds who violates, any provision of any other regulation issued under this Act may be assessed a civil
penalty by the Secretary of not more than $12,000 for each violation. Any person
who otherwise violates any provision of this Act, or any regulation, permit, or certificate issued hereunder, may be assessed a civil penalty by the Secretary
of not more than $500 for each such violation.

(b) REGULATIONS.--The Secretary shall prescribe regulations as are necessary
and appropriate to carry out the purposes of this Act.

(c) SAVINGS PROVISIONS.--The authority of the Secretary under this Act is in
addition to and shall not affect the authority of the Secretary under the
Endangered Species Act of 1973 (16 U.S.C. 1531 et seq.), or diminish the
Secretary's authority under the Lacey Act (16 U.S.C. 3371 et seq.).

(d) Nothing in this Act shall be construed to be less restrictive than any
other Act of Congress.

SEC. 9. OTHER FAUNA AND FLORA.

The Secretary is authorized to promulgate such regulations as the Secretary
may deem appropriate to implement the decisions and recommendations of the
conference of the parties to the Convention relating to all wildlife and
plants and to take stricter domestic measures that pertain to the conditions
for such trade. Particular attention should be paid to those decisions and
recommendations designed to enhance the conservation of species in the wild
or that pertain to the conditions for international trade or transport of
species included in the appendices to the Convention.

SEC. 10. EFFECTIVE DATE.

The Act shall take effect on the date of its enactment.

SEC. 11. *** BIRD CONSERVATION FUND.

(a) All amounts received by the United States in the form of penalties, fines,
or forfeiture of property collected under this Act in excess of the cost of
carrying out the provisions of section 8(d) of this Act, donations received
by the Secretary, and any additional amounts appropriated, shall be deposited
in a separate account known as the *** Bird Conservation Fund to be used
for the conservation of *** birds in their countries of origin. Particular
attention shall be given to the provision of both funds and technical assistance
to countries of origin containing birds subject to trade restrictions pursuant
to this Act in order to assist them in the development and implementation of
conservation management programs. These monies shall remain available until
expended.

(b) In cooperation with appropriate representatives of industry, the
conservation community, the CITES secretariat, and other national and
international bodies, the Secretary shall review opportunities for a voluntary
program of labeling birds, certification of breeding facilities and retail
outlets, and provision of privately organized or funded technical assistance
to other nations, and shall report back to Congress with the results of this
review within two years after the date of enactment of this Act.

SEC. 12. AUTHORIZATION OF APPROPRIATIONS.

These are authorized to be appropriated to the Secretary and the *** Bird
Conservation Fund, a total of not to exceed $5,000,000 for each of the first
three fiscal years from the date of enactment to carry out the purposes of
this Act, to remain available until expended.