Importation of Exotic Wild Birds to the United States; Amendment of Final Rule Implementing the Wild Bird Conservation Act of 1992

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On October 23, 1992 the Wild Bird Conservation Act (WBCA) was signed into law, the purposes of which include promoting the conservation of exotic birds by: Ensuring that all imports into the United States of species of exotic birds are biologically sustainable and not detrimental to the species; ensuring that imported birds are not subject to inhumane treatment during capture and transport; and assisting wild bird conservation and management programs in countries of origin. This proposal amends the final rule published by the Fish and Wildlife Service (Service) on November 16, 1993 in the Federal Register (58 FR 60524), which implements the prohibitions stipulated in the WBCA and provides permit requirements and procedures for some allowed exemptions. As a result of a lawsuit filed on February 15, 1994 by the Humane Society of the United States and Defenders of Wildlife, and a resultant District Court Order that a portion of the contested regulation is invalid, the Service hereby proposes to amend 50 CFR 15.11 (b) and (c). Notice of the Court Order was published in the Federal Register on May 24, 1994. Consistent with that Court Order, the Service announced in that Federal Register