106 STAT. 2230 PUBLIC LAW 102-440—OCT. 23, 1992 (1) within 90 days after receiving the petition, issue and publish in the Federal Register a preliminary ruling regarding whether the petition presents sufficient information indicating that the action requested in the petition might be warranted; and (2) for each petition determined to present such sufficient information— (A) provide an opportunity for the submission of public comment on the petition; and (B) issue and publish in the Federal Register a final ruling on the petition, by not later than 90 days after the end of the period for public comment. 16 USC 4910. SEC. 111. PROHmiTED ACTS. ' (a) PROHIBITIONS. — (1) IN GENERAL. — Subject to paragraph (2), it is unlawful for any person to— (A) import any exotic bird in violation of any prohibition, suspension, or quota on importation under section 105 or 108; (B) import an exotic bird of a species that pursuant to section 106(a)(2)(B) is included in a list under section 106, if the bird was not captive bred at a qualifying facility; or (C) violate any regulation promulgated by the Secretary pursuant to authority provided by this title. (2) LIMITATION.—Paragraph (1)(A) and (B) does not apply to importations made incident to the transit of exotic birds through the United States to foreign countries if the applicable requirements of the Convention have been satisfied with respect to the trade in those exotic birds. (b) BURDEN OF PROOF FOR EXEMPTIONS.—Any person claiming the benefit of any exemption or permit under this title 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. 16 USC 4911. SEC. 112. EXEMPTIONS. Notwithstanding any prohibition, suspension, or quota under this title on the importation of a species of exotic bird, the Secretary may, through the issuance of import permits, authorize the importation of a bird of the species if the Secretary determines that such importation is not detrimental to the survival of the species and the bird is being imported exclusively for any of the following purposes: (1) Scientific research. (2) As a personally owned pet of an individual who is returning to the United States after being continuously out of the country for a minimum of one year, except that an individual may not import more than 2 exotic birds under this paragraph in any year. (3) Zoological breeding or display programs. (4) Cooperative breeding programs that are— (A) designed to promote the conservation of the species and maintain the species in the wild by enhancing the propagation and survival of the species; and
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