Upon submission of a petition under section 4909 of this title by any person, the Secretary shall determine whether an exotic bird
breeding facility is a qualifying facility. Such determination shall be effective for a period specified by the Secretary, which
may not exceed 3 years. The Secretary shall, from time to time, publish a list of qualifying facilities
in the Federal Register.
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 country 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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