Digest of Federal Resource Laws of Interest to the U.S. Fish and Wildlife Service
Wild Bird Conservation Act
Wild Bird Conservation Act -- Title I of P.L. 102-440, signed October 23, 1992 (106 Stat. 2224)
establishes a new Federal system to limit or prohibit U.S. imports of exotic bird species, as
follows:
- Imposes an immediate moratorium on the importation of certain exotic bird species
identified by the Convention on International Trade in Endangered Species (CITES), and
provides procedures for the Secretary to suspend trade in any CITES listed bird species and to
remove trade suspensions on species.
- Directs the Secretary to publish in the Federal Register a list of exotic bird species for
which trade is allowed, and provides procedures for determining such species.
- Provides criteria for the Secretary to determine whether exotic bird breeding facilities in
other nations are "qualified" to export species to the U.S.
- Directs the Secretary to periodically review the trade in non-CITES species, and authorizes
the Secretary to impose emergency moratoria or quotas if determined necessary for species
conservation. Procedures are provided for this action and for removal of such quotas or
moratoria.
- Within a month of enactment (by November 23, 1992), the Secretary is directed to request
from exporting nations information on their conservation programs for wild birds.
- Provides guidelines regarding petitions that may be submitted to the Secretary, and
procedures the Secretary shall follow in considering each petition.
- Sets forth purposes for which the Secretary may issue permits (i.e. exemptions) for the
importation of exotic birds.
- Establishes guidelines for the assessment of civil penalties by the Secretary, and prescribes
criminal penalties for violations of this law. Also directs the Secretary to develop regulations to
carry out this Act.
- Establishes an Exotic Bird Conservation Fund and directs the Secretary to select for
assistance, projects in countries of wild bird origin. Also requires the Secretary, in consultation
with others, to review opportunities for additional wild bird conservation programs and report to
Congress within 2 years of enactment (by October 23, 1994).
- Authorizes the Secretary to develop marking or record-keeping regulations to assist
enforcement of and compliance with prohibitions under this Act.
- Authorizes appropriations to the Secretary of up to $5 million for each of Fiscal Years 1993
through 1995.
The legislative history includes: House Report 102-749, Parts 1 and 2; Congressional
Record pages H7995 - 97, August 11, 1992; Congressional Record pages S15871 - 73,
September 30, 1992; and a Presidential statement issued at the signing of the bill.
This authority is administered by the Assistant Director for International Affairs and the
Assistant Director for Refuges and Wildlife.
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