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(I) the ability of the country of origin to imple

ment the Convention, particularly as regards the es

tablishment of a scientific authority and the implementation of Article IV of the Convention.

(2) ANNUAL QUOTAS.-Unless the Secretary has pre6 scribed specific quotas on imports of exotic birds pursuant 7 to paragraph (1) by the date one hundred and eighty days 8 after the date of enactment of this Act, the Secretary shall 9 prescribe quotas pursuant to the following:

(A) Determine the average annual imports of each species for the most recent five calendar years

prior to the date of enactment of this Act, hereafter

called the "base period".

(B) For the year beginning on the date of enactment of this Act, limit imports of each species to 75 percent of the average annual imports during the base period.

(C) For each successive year thereafter, until the fourth anniversary of the date of enactment of this Act or until superseded by specific import quotas or restrictions prescribed in accordance with paragraph (1), reduce the annual limits on imports

of exotic birds by 25 percent of the average annual

imports of each species during the base period.

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1 (3) LIST OF APPROVED SPECIES.-The Secretary 2 shall establish and periodically modify an approved list of 3 species, on a country-by-country basis when appropriate, 4 that may be imported without an import permit under this 5 Act. Species shall only be included on the approved list 6 if:

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(A) After public notice and comment, the Secretary determines, based on the best available scientific and management information, that—

(i) a scientifically based and strictly controlled management plan for the species is in place and is implemented and enforced;

(ii) the management plan for the species. provides incentives for the conservation of the

species and its habitat;

(iii) the use of the species, on the basis of the management plan, is biologically sustain

able, for both the species and its ecosystem; and

(iv) the methods of capture, transport, and maintenance of the species minimize the risk of injury, damage to health, or cruel treatment; or

(B) the species is not listed in the appendices to the Convention. The Secretary may however impose a moratorium or quota at any time for these

species, after considering the criteria in subsection

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(b)(1) of this section and determining that such

moratorium or quota is consistent with the purposes

of this Act.

(c) PETITION.-(1) IN GENERAL.-Any person may 5 at any time submit a petition in writing requesting that 6 the Secretary establish or remove a restriction, quota, or 7 moratorium under this section. Such a petition shall in8 clude such information as may be necessary to dem9 onstrate the need for the action requested by the petition. 10 (2) CONSIDERATION AND RULING.-The Secretary 11 shall publish a notice of receipt of a petition under this 12 subsection in the Federal Register and shall provide an 13 opportunity for the public to comment on petitions which 14 the Secretary has determined contain the necessary infor15 mation. The Secretary shall rule on such petition not later 16 than ninety days after the close of the comment period. 17 SEC. 6. PROHIBITED ACTS.

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(a) GENERAL.-Except as provided in section 7 of 19 this Act, with respect to any species of exotic bird subject 20 to a moratorium or in excess of a quota or an annual limit 21 established pursuant to section 5 of this Act it is unlawful 22 for any person who is subject to the jurisdiction of the 23 United States to

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(1) import any species of exotic bird into the United States;

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(2) violate any regulation pertaining to a prohibition, moratorium, quota, or annual limit for any

exotic bird pursuant to section 5 of this Act and

promulgated by the Secretary pursuant to authority

provide by this Act.

(b) VIOLATIONS.-It is unlawful for any person sub

7 ject to the jurisdiction of the United States to attempt 8 to commit, solicit another to commit, or cause to be com9 mitted, any offense defined in this section.

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(c) EXEMPTIONS.-In connection with any violation 11 of this section any person claiming the benefit of any ex12 emption or permit under this Act shall have the burden 13 of proving that the exemption or permit is applicable or 14 has been granted, and was valid and in force at the time. 15 of the alleged violation.

16 SEC. 7. EXEMPTIONS.

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(a) IN GENERAL.-Notwithstanding the provisions of 18 section 6 of this Act, the Secretary may, through the issu19 ance of import permits, allow the importation of any exotic 20 bird into the United States if the Secretary determines 21 that such importation is nondetrimental to the survival of 22 that species and the bird is being imported for any of the 23 following purposes―

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(1) scientific research,

(2) as personally owned pet birds;

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(3) zoological display,

(4) religious purposes, or

(5) cooperative breeding programs designed to promote the conservation of the species in the wild

by enhancing the propagation and survival of the af fected species.

(b) PRE-ACT EXEMPTIONS.-Notwithstanding the 8 provisions of section 6 of this Act, the Secretary may per9 mit the importation into the United States of any exotic 10 bird subject to a restriction or prohibition on importation 11 under the provisions of this Act if the Secretary finds that 12 such bird was removed from the wild and in trade prior 13 to the effective date of any regulation issued under this 14 Act imposing such restriction or prohibition.

15 SEC. 8. PENALTIES AND REGULATIONS.

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(a) CIVIL PENALTIES.-Any person who knowingly

17 violates, and any person engaged in business as an im18 porter of exotic birds who violates, any provision of this 19 Act, or any provision of any permit or certificate issued 20 hereunder, or of any regulation issued in order to imple21 ment subsection (a)(1) (2) (3) (4), or (c) of section 6 of this 22 Act, may be assessed a civil penalty by the Secretary of 23 not more than $25,000 for each violation. Any person who 24 knowingly violates, and any person engaged in business 25 as an importer of exotic birds who violates, any provision