106 STAT. 2228 PUBLIC LAW 102-440—OCT. 23, 1992 (c) NON-CAPTIVE BRED SPECIES. —The Secretary shall include in the list under subsection (a) a species of exotic birds that is listed in an Appendix to the Convention if the Secretary finds the Convention is being effectively implemented with respect to that species because of each of the following: (1) Each country of origin for which the species is listed is effectively implementing the Convention, particularly with respect to— (A) the establishment of a scientific authority or other equivalent authority; (B) the requirements of Article IV of the Convention with respect to that species; and (C) remedial measures recommended by the Parties to the Convention with respect to that species. (2) A scientifically-based management plan for the species has been developed which— (A) provides for the conservation of the species and its habitat and includes incentives for conservation; (B) ensures that the use of the species is biologically sustainable and maintained throughout the range of the species in the country to which the plan applies at a level that is consistent with the role of the species in the ecosystem and is well above the level at which the species might become threatened with extinction; and (C) addresses factors relevant to the conservation of the species, including illegal trade, domestic trade, subsistence use, disease, and habitat loss. (3) The management plan is implemented and enforced. (4) The methods of capture, transport, and maintenance of the species minimizes the risk of injury or damage to health, including inhumane treatment. 16 USC 4906. SEC. 107. QUALIFYING FACILITIES. (a) DETERMINATION. — Upon submission of a petition under section 110 by any person, the Secretary shall determine whether an exotic bird breeding facility is a qualif^ng facility. Such determination shall be effective for a period specified by the Secretary, Federal which may not exceed 3 years. The Secretary shall, from time puWication
- ® time, publish a list of qualifying facilities in the Federal Register.
(b) CRITERIA. —The Secretary shall determine under subsection (a) that a facility is a qualifying facility for a species of exotic birds if the Secretary finds each of the following: (1) The facility has demonstrated the capability of producing captive bred birds of the species in the numbers to be imported into the United States from that facility. (2) The facility is operated in a manner that is not detrimental to the survival of the species in the wild. (3) The facility is operated in a humane manner. (4) The appropriate governmental authority of the coiuitry in which the facility is located has certified in writing, and the Secretary is satisfied, that the facility has the capability of breeding the species in captivity. (5) The country in which the facility is located is a Party to the Convention. (6) All birds exported from the facility are bred at the facility.
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