PROHIBITED ACTS.

SEC. 111. PROHIBITED 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.