---
kind: "section"
citation: "16 U.S.C. § 4904"
title: "16"
title_heading: "Conservation"
number: "4904"
heading: "Moratoria on imports of exotic birds covered by Convention"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/4904"
units:
  - "Chapter 69 — Wild Exotic Bird Conservation"
---

# §4904. Moratoria on imports of exotic birds covered by Convention

- (a) **Immediate moratorium—**
  - (1) **Establishment of moratorium—** The [importation](/usc/16/4903.md?p=3) of any [exotic bird](/usc/16/4903.md?p=2) of a [species](/usc/16/4903.md?p=7) identified as a category B [species](/usc/16/4903.md?p=7) in the report entitled “Report of the Animals Committee”, adopted by the 8th meeting of the Conference of the Parties to the [Convention](/usc/16/4903.md?p=1), is prohibited.
  - (2) **Termination of moratorium—** A [species](/usc/16/4903.md?p=7) of [exotic birds](/usc/16/4903.md?p=2) shall be subject to the prohibition on [importation](/usc/16/4903.md?p=3) established by [paragraph (1)](#a-1) until the [Secretary](/usc/16/4903.md?p=6), 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](/usc/16/4903.md?p=7), so as to eliminate the threat of trade to the conservation of the [species](/usc/16/4903.md?p=7); and
    - (B) makes the findings described in [section 4905(c) of this title](/usc/16/4905.md?p=c) for the [species](/usc/16/4903.md?p=7) and includes the [species](/usc/16/4903.md?p=7) in the list published under [section 4905(a) of this title](/usc/16/4905.md?p=a).
- (b) **Emergency authority to suspend imports of listed species—**
  - (1) **Authority to suspend imports—** The [Secretary](/usc/16/4903.md?p=6) is authorized to suspend the [importation](/usc/16/4903.md?p=3) of [exotic birds](/usc/16/4903.md?p=2) of any [species](/usc/16/4903.md?p=7) that is listed in any Appendix to the [Convention](/usc/16/4903.md?p=1), and if applicable remove the [species](/usc/16/4903.md?p=7) from the list under [section 4905(a) of this title](/usc/16/4905.md?p=a), if the [Secretary](/usc/16/4903.md?p=6) determines that—
    - (A)
      - (i) trade in that [species](/usc/16/4903.md?p=7) is detrimental to the [species](/usc/16/4903.md?p=7),
      - (ii) there is not sufficient information available on which to base a judgment that the [species](/usc/16/4903.md?p=7) is not detrimentally affected by trade in that [species](/usc/16/4903.md?p=7), or
      - (iii) remedial measures have been recommended by the Standing Committee of the [Convention](/usc/16/4903.md?p=1) that have not been implemented; and
    - (B) the suspension might be necessary for the conservation of the [species](/usc/16/4903.md?p=7).
  - (2) **Termination of suspension—** A [species](/usc/16/4903.md?p=7) of [exotic birds](/usc/16/4903.md?p=2) shall be subject to a suspension of [importation](/usc/16/4903.md?p=3) under [paragraph (1)](#b-1) until the [Secretary](/usc/16/4903.md?p=6), after notice and an opportunity for public comment, makes the findings described in [section 4905(c) of this title](/usc/16/4905.md?p=c) and includes the [species](/usc/16/4903.md?p=7) in the list published under [section 4905(a) of this title](/usc/16/4905.md?p=a).
- (c) **Moratorium after one year for other species listed in appendices—** Effective on the date that is one year after October 23, 1992, the [importation](/usc/16/4903.md?p=3) of any [exotic bird](/usc/16/4903.md?p=2) of a [species](/usc/16/4903.md?p=7) that is listed in any Appendix to the [Convention](/usc/16/4903.md?p=1) is prohibited unless the [Secretary](/usc/16/4903.md?p=6) makes the findings described in [section 4905(c) of this title](/usc/16/4905.md?p=c) and includes the [species](/usc/16/4903.md?p=7) in the list published under [section 4905(a) of this title](/usc/16/4905.md?p=a).
- (d) **Limitation on number imported during first year—** Notwithstanding any other provision of this chapter, the [Secretary](/usc/16/4903.md?p=6) shall prohibit the [importation](/usc/16/4903.md?p=3), during the 1-year period beginning on October 23, 1992, of [exotic birds](/usc/16/4903.md?p=2) of each [species](/usc/16/4903.md?p=7) that is listed under any Appendix to the [Convention](/usc/16/4903.md?p=1) in excess of the number of that [species](/usc/16/4903.md?p=7) that were imported during the most recent year for which the [Secretary](/usc/16/4903.md?p=6) has complete [import](/usc/16/4903.md?p=3) data.

## Source credit

(Pub. L. 102–440, title I, § 105, Oct. 23, 1992, 106 Stat. 2226.)

## Notes

### Editorial Notes

### References in Text

This chapter, referred to in subsec. (d), was in the original “this Act” and was translated as reading “this title”, meaning title I of Pub. L. 102–440, known as the Wild Bird Conservation Act of 1992, to reflect the probable intent of Congress.