---
kind: "section"
citation: "16 U.S.C. § 4905"
title: "16"
title_heading: "Conservation"
number: "4905"
heading: "List of approved species"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/4905"
units:
  - "Chapter 69 — Wild Exotic Bird Conservation"
---

# §4905. List of approved species

- (a) **Listing—**
  - (1) **In general—** One year after October 23, 1992, and periodically thereafter, the [Secretary](/usc/16/4903.md?p=6) shall, after notice and an opportunity for public comment, publish in the Federal Register a list of [species](/usc/16/4903.md?p=7) of [exotic birds](/usc/16/4903.md?p=2) that are listed in an Appendix to the [Convention](/usc/16/4903.md?p=1) and that are not subject to a prohibition or suspension of [importation](/usc/16/4903.md?p=3) otherwise applicable under [section 4904(a)](/usc/16/4904.md?p=a), (b), or (c) of this title.
  - (2) **Manner of listing—** The [Secretary](/usc/16/4903.md?p=6) shall list a [species](/usc/16/4903.md?p=7) under [paragraph (1)](#a-1) with respect to—
    - (A) the countries of origin from which the [species](/usc/16/4903.md?p=7) may be imported; and
    - (B) if appropriate, the [qualifying facilities](/usc/16/4903.md?p=5) in those countries from which the [species](/usc/16/4903.md?p=7) may be imported.
  - (3) **Bases for determinations—** In making a determination required under this subsection, the [Secretary](/usc/16/4903.md?p=6) 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](/usc/16/4903.md?p=7), including such mechanisms for control of illegal trade.
- (b) **Captive bred species—** The [Secretary](/usc/16/4903.md?p=6) shall include a [species](/usc/16/4903.md?p=7) of [exotic birds](/usc/16/4903.md?p=2) in the list under [subsection (a)](#a) if the [Secretary](/usc/16/4903.md?p=6) determines that—
  - (1) the [species](/usc/16/4903.md?p=7) is regularly bred in captivity and no wild-caught birds of the [species](/usc/16/4903.md?p=7) are in trade; or
  - (2) the [species](/usc/16/4903.md?p=7) is bred in a [qualifying facility](/usc/16/4903.md?p=5).
- (c) **Non-captive bred species—** The [Secretary](/usc/16/4903.md?p=6) shall include in the list under [subsection (a)](#a) a [species](/usc/16/4903.md?p=7) of [exotic birds](/usc/16/4903.md?p=2) that is listed in an Appendix to the [Convention](/usc/16/4903.md?p=1) if the [Secretary](/usc/16/4903.md?p=6) finds the [Convention](/usc/16/4903.md?p=1) is being effectively implemented with respect to that [species](/usc/16/4903.md?p=7) because of each of the following:
  - (1) Each country of origin for which the [species](/usc/16/4903.md?p=7) is listed is effectively implementing the [Convention](/usc/16/4903.md?p=1), particularly with respect to—
    - (A) the establishment of a scientific authority or other equivalent authority;
    - (B) the requirements of Article IV of the [Convention](/usc/16/4903.md?p=1) with respect to that [species](/usc/16/4903.md?p=7); and
    - (C) remedial measures recommended by the Parties to the [Convention](/usc/16/4903.md?p=1) with respect to that [species](/usc/16/4903.md?p=7).
  - (2) A scientifically-based [management plan](/usc/16/544.md?p=k) for the [species](/usc/16/4903.md?p=7) has been developed which—
    - (A) provides for the conservation of the [species](/usc/16/4903.md?p=7) and its habitat and includes incentives for conservation;
    - (B) ensures that the use of the [species](/usc/16/4903.md?p=7) is biologically sustainable and maintained throughout the range of the [species](/usc/16/4903.md?p=7) in the country to which the plan applies at a level that is consistent with the role of the [species](/usc/16/4903.md?p=7) in the ecosystem and is well above the level at which the [species](/usc/16/4903.md?p=7) might become threatened with extinction; and
    - (C) addresses factors relevant to the conservation of the [species](/usc/16/4903.md?p=7), including illegal trade, domestic trade, subsistence use, disease, and habitat loss.
  - (3) The [management plan](/usc/16/544.md?p=k) is implemented and enforced.
  - (4) The methods of capture, transport, and maintenance of the [species](/usc/16/4903.md?p=7) minimizes the risk of injury or damage to health, including inhumane treatment.

## Source credit

(Pub. L. 102–440, title I, § 106, Oct. 23, 1992, 106 Stat. 2227.)