---
kind: "section"
citation: "16 U.S.C. § 4906"
title: "16"
title_heading: "Conservation"
number: "4906"
heading: "Qualifying facilities"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/4906"
units:
  - "Chapter 69 — Wild Exotic Bird Conservation"
---

# §4906. Qualifying facilities

- (a) **Determination—** Upon submission of a petition under [section 4909 of this title](/usc/16/4909.md) by any [person](/usc/16/4903.md?p=4), the [Secretary](/usc/16/4903.md?p=6) shall determine whether an [exotic bird](/usc/16/4903.md?p=2) breeding facility is a [qualifying facility](/usc/16/4903.md?p=5). Such determination shall be effective for a period specified by the [Secretary](/usc/16/4903.md?p=6), which may not exceed 3 years. The [Secretary](/usc/16/4903.md?p=6) shall, from time to time, publish a list of [qualifying facilities](/usc/16/4903.md?p=5) in the Federal Register.
- (b) **Criteria—** The [Secretary](/usc/16/4903.md?p=6) shall determine under [subsection (a)](#a) that a facility is a [qualifying facility](/usc/16/4903.md?p=5) for a [species](/usc/16/4903.md?p=7) of [exotic birds](/usc/16/4903.md?p=2) if the [Secretary](/usc/16/4903.md?p=6) finds each of the following:
  - (1) The facility has demonstrated the capability of producing captive bred birds of the [species](/usc/16/4903.md?p=7) in the numbers to be imported into the [United States](/usc/16/4903.md?p=8) from that facility.
  - (2) The facility is operated in a manner that is not detrimental to the survival of the [species](/usc/16/4903.md?p=7) in the wild.
  - (3) The facility is operated in a humane manner.
  - (4) The appropriate governmental authority of the country in which the facility is located has certified in writing, and the [Secretary](/usc/16/4903.md?p=6) is satisfied, that the facility has the capability of breeding the [species](/usc/16/4903.md?p=7) in captivity.
  - (5) The country in which the facility is located is a Party to the [Convention](/usc/16/4903.md?p=1).
  - (6) All birds exported from the facility are bred at the facility.

## Source credit

(Pub. L. 102–440, title I, § 107, Oct. 23, 1992, 106 Stat. 2228.)