---
kind: "section"
citation: "16 U.S.C. § 4910"
title: "16"
title_heading: "Conservation"
number: "4910"
heading: "Prohibited acts"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/16/4910"
units:
  - "Chapter 69 — Wild Exotic Bird Conservation"
---

# §4910. Prohibited acts

- (a) **Prohibitions—**
  - (1) **In general—** Subject to [paragraph (2)](#a-2), it is unlawful for any [person](/usc/16/4903.md?p=4) to—
    - (A) [import](/usc/16/4903.md?p=3) any [exotic bird](/usc/16/4903.md?p=2) in [violation](/usc/16/620e.md?p=11) of any prohibition, suspension, or quota on [importation](/usc/16/4903.md?p=3) under section [4904](/usc/16/4904.md) or [4907](/usc/16/4907.md) of this title;
    - (B) [import](/usc/16/4903.md?p=3) an [exotic bird](/usc/16/4903.md?p=2) of a [species](/usc/16/4903.md?p=7) that pursuant to [section 4905(a)(2)(B) of this title](/usc/16/4905.md?p=a-2-B) is included in a list under [section 4905 of this title](/usc/16/4905.md), if the bird was not captive bred at a [qualifying facility](/usc/16/4903.md?p=5); or
    - (C) violate any regulation promulgated by the [Secretary](/usc/16/4903.md?p=6) pursuant to authority provided by this chapter.
  - (2) **Limitation—** Paragraph [(1)(A)](#a-1-A) and (B) does not apply to [importations](/usc/16/4903.md?p=3) made incident to the transit of [exotic birds](/usc/16/4903.md?p=2) through the [United States](/usc/16/4903.md?p=8) to foreign countries if the applicable requirements of the [Convention](/usc/16/4903.md?p=1) have been satisfied with respect to the trade in those [exotic birds](/usc/16/4903.md?p=2).
- (b) **Burden of proof for exemptions—** Any [person](/usc/16/4903.md?p=4) claiming the benefit of any exemption or permit under this chapter 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](/usc/16/620e.md?p=11).

## Source credit

(Pub. L. 102–440, title I, § 111, Oct. 23, 1992, 106 Stat. 2230.)