Page:United States Statutes at Large Volume 106 Part 3.djvu/435

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PUBLIC LAW 102-440—OCT. 23, 1992 106 STAT. 2229 SEC. 108. MORATORIA FOR SPECIES NOT COVERED BY CONVENTION. 16 USC 4907. (a) IN GENERAL.— The Secretary shall— (1) review periodically the trade in species of exotic birds that are not listed in any Appendix to the Convention; and (2) after notice and an opportunity for public comment, establish a moratorium or quota on— (A) importation of any species of exotic birds from one or more countries of origin for the species, if the Secretary determines that— (i) the findings described in section 106(c)(2), (3), and (4) cannot be made with respect to the species; and (ii) the moratorium or quota is necessary for the conservation of the species or is otherwise consistent with the purpose of this title; or (B) the importation of all species of exotic birds from a particular country, if— (i) the country has not developed and implemented a management program for exotic birds in trade generally, that ensures both the conservation and the humane treatment of exotic birds during capture, transport, and maintenance; and (ii) the Secretary finds that the moratorium or quota is necessary for the conservation of the species or is otherwise consistent with the piupose of this title. (b) TERMINATION OF QUOTA OR MORATORIUM. — The Secretary shall terminate a quota or moratorium established under subsection (a) if the Secretary finds that the reasons for establishing the quota or moratorium no longer exist. SEC. 109. CALL FOR INFORMATION. Within one month after the date of the enactment of this Act, the Secretary shall issue a call for information on the wild bird conservation program of each country that exports exotic birds, by— (1) publishing a notice in the Federal Register requestin; submission of such information to the Secretary by interested persons; and (2) submitting a written request for such information through the Secretary of State to each country that exports exotic birds. SEC. 110. PETITIONS. (a) IN GENERAL. —Any person may at any time submit to the Secretary a petition in writing requesting that the Secretary exercise authority of the Secretary under this title to— (1) establish, modi^, or terminate any prohibition, suspension, or quota under tnis title on importation of any species of exotic bird; (2) add a species of exotic bird to, or remove such a species from, a list under section 106; or (3) determine under section 107 whether an exotic bird breeding facility is a qualifying facility. (b) CONSIDERATION AND RUUNG.—For each petition submitted to the Secretary in accordance with subsection (a), the Secretary shall— ng all 16 USC 4908. Federal Register, publication. 16 USC 4909. Federal Register, publication.