Nitesbane
April 4th 09, 07:17 PM
A few of my fellow hobbyists seem concerned about this bill, introduced on
January 26, 2009. Similar bills have been introduced in the past as far
back as the 1970's (as far as I know) and all have failed. Personally, I
don't see this having a major impact on the fishkeeping hobby even if it is
passed. The language implies that exceptions can be made, in the form of a
permit, if the people keeping prohibited species are "responsible".
It seems to be aimed mostly at fish, reptiles and amphibians. I have copied
and pasted the full text of the bill below (please snip when responding).
-Nitesbane
HR 669 IH
111th CONGRESS
1st Session
H. R. 669
To prevent the introduction and establishment of nonnative wildlife species
that negatively impact the economy, environment, or other animal species' or
human health, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 26, 2009
Ms. BORDALLO (for herself, Mr. GEORGE MILLER of California, Mr. ABERCROMBIE,
Mr. HASTINGS of Florida, Mr. KIND, Mr. MCGOVERN, Mrs. NAPOLITANO, Mr.
GRIJALVA, Mr. KLEIN of Florida, and Mr. KILDEE) introduced the following
bill; which was referred to the Committee on Natural Resources
A BILL
To prevent the introduction and establishment of nonnative wildlife species
that negatively impact the economy, environment, or other animal species' or
human health, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the 'Nonnative Wildlife Invasion Prevention Act'.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a risk assessment process to prevent
the introduction into, and establishment in, the United States of nonnative
wildlife species that will cause or are likely to cause economic or
environmental harm or harm to other animal species' health or human health.
SEC. 3. RISK ASSESSMENT PROCESS FOR IMPORTATION OF NONNATIVE WILDLIFE
SPECIES.
(a) In General- The Secretary of the Interior, acting through the United
States Fish and Wildlife Service, shall promulgate regulations that
establish a process for assessing the risk of all nonnative wildlife species
proposed for importation into the United States, other than nonnative
wildlife species that are included in the list of approved species issued
under section 4.
(b) Factors To Be Considered- The regulations promulgated under subsection
(a) shall include consideration of-
(1) the identity of the organism to the species level, including to the
extent possible specific information on its subspecies and genetic identity;
(2) the native range of the species;
(3) whether the species has established or spread, or caused harm to the
economy, the environment, or other animal species or human health in
ecosystems in or ecosystems that are similar to those in the United States;
(4) the likelihood that environmental conditions suitable for the
establishment or spread of the species exist in the United States;
(5) the likelihood of establishment of the species in the United States;
(6) the likelihood of spread of the species in the United States;
(7) the likelihood that the species would harm wildlife resources in the
United States;
(8) the likelihood that the species would harm native species that are rare
or native species that have been listed as threatened species or endangered
species in the United States under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(9) the likelihood that the species would harm habitats or ecosystems in the
United States;
(10) the likelihood that pathogenic species or parasitic species may
accompany the species proposed for importation; and
(11) other factors important to assessing the risks associated with the
species, consistent with the purpose under section 2.
(c) Notice- In promulgating the regulations under subsection (a), the
Secretary shall provide notice to States, Indian tribes, other stakeholders
concerned with environmental, humane, public health, economic, trade, and
other relevant issues, the Aquatic Nuisance Species Task Force, the National
Invasive Species Council, the Department of Agriculture, and the Centers for
Disease Control and Prevention.
(d) Transparency- The Secretary shall ensure that the risk assessment
process established by the regulations under subsection (a) is based on
sound science and is consistent with sections 4 and 5.
(e) Deadlines- The Secretary shall-
(1) publish in the Federal Register proposed regulations under subsection
(a) and a proposed preliminary list of approved species under section 4(b),
by not later than 2 years after the date of the enactment of this Act;
(2) publish in the Federal Register final regulations under subsection (a),
a final preliminary list of approved species under section 4(b), and a
notice of the prohibitions under this Act, by not later than 30 days before
the date on which the Secretary begins assessing risk under the regulations;
and
(3) begin assessing risk with respect to nonnative wildlife species under
the final regulations promulgated under subsection (a), and publish notice
thereof, by not later than 37 months after the date of the enactment of this
Act.
(f) Animals Owned Lawfully Prior to Prohibition of Importation- This Act and
regulations issued under this Act shall not interfere with the ability of
any person to possess an individual animal of any species if such individual
animal was legally owned by the person before the risk assessment is begun
pursuant to subsection (e)(3), even if such species is later prohibited from
being imported under the regulations issued under this Act.
SEC. 4. LIST OF APPROVED SPECIES.
(a) Requirement To Issue List of Approved Species-
(1) IN GENERAL- Not later than 36 months after the date of enactment of this
Act, the Secretary shall publish in the Federal Register a list of nonnative
wildlife species approved for importation into the United States.
(2) EXCLUSION OF CERTAIN SPECIES- The Secretary shall not include in the
list-
(A) any species included in the list of prohibited species under section 5;
or
(B) any species, the importation of which is prohibited by any other Federal
law or regulation of the United States due to the likelihood of causing harm
to the economy, the environment, or other animal species or human health.
(3) REVISION- The Secretary may revise the list issued under this section
based on available scientific and commercial information.
(b) Preliminary List-
(1) IN GENERAL- The Secretary shall include in the preliminary list under
this section nonnative wildlife species that the Secretary finds, consistent
with the factors described in section 3(b) and based on scientific and
commercial information that is provided in a proposal under paragraph (2) or
otherwise available to the Secretary-
(A) are not harmful to the United States' economy, the environment, or other
animal species' or human health; or
(B) may be harmful to the United States' economy, the environment, or other
animal species' or human health, but already are so widespread in the United
States that it is clear to the Secretary that any import prohibitions or
restrictions would have no practical utility for the United States.
(2) PROPOSALS FOR INCLUSION IN PRELIMINARY LIST- The Secretary-
(A) shall, by not later than 60 days after the date of enactment of this
Act, publish in the Federal Register, and make available on a publically
available Federal Internet site, a request for submission, by any interested
persons (including persons that import or that intend to import nonnative
wildlife species), of proposals of nonnative wildlife species to be included
in the preliminary list under this subsection and supporting documentation
for such proposals;
(B) shall accept such proposals for 10 months after the date the Secretary
publishes the request for submissions; and
(C) may propose a nonnative wildlife species for inclusion in the
preliminary list.
(3) PUBLIC NOTICE AND COMMENT- Before issuing the final preliminary list of
approved species under this subsection, the Secretary shall-
(A) publish in the Federal Register and make available on a publicly
available Federal Internet site, the proposed preliminary list; and
(B) provide for, a period of not less than 60 days, an opportunity to submit
public comments on the proposed preliminary list.
(4) PUBLICATION OF LIST- The Secretary shall publish in the Federal Register
and make available on a publicly available Federal Internet site, the final
preliminary list under this subsection.
(c) Proposal for Inclusion on the Approved List-
(1) SUBMISSION OF PROPOSALS-
(A) IN GENERAL- After publication of the final preliminary list under
subsection (b)-
(i) any interested person may submit to the Secretary in accordance with
subparagraph (B) a proposal to include a nonnative wildlife species in the
approved list under this section (including a request to import such a
species that is not in the list published under this section and section 5,
respectively); and
(ii) upon receipt of a complete proposal under clause (i), the Secretary
shall publish notice of the proposal in the Federal Register and provide an
opportunity for 30 days of public comment on the proposal.
(B) INFORMATION REQUIRED- Any proposal under this paragraph must include
sufficient scientific and commercial information to allow the Secretary to
evaluate whether the proposed nonnative wildlife species is likely to cause
economic or environmental harm or harm to other animal species' or human
health.
(2) DETERMINATION- Based on scientific and commercial information provided
in a proposal under paragraph (1) or otherwise available to the Secretary,
the Secretary shall make one of the following determinations regarding such
a proposal in a reasonable period of time and in accordance with the
regulations issued under section 3:
(A) The nonnative wildlife species is approved for importation, and is added
to the list of approved species under this section.
(B) The nonnative wildlife species is not approved for importation, unless
permitted under section 7.
(C) The Secretary has insufficient scientific and commercial information to
make a determination under subparagraph (A) or (B).
(3) TREATMENT OF UNAPPROVED SPECIES- If the Secretary makes a determination
under paragraph (2)(B) that a nonnative wildlife species is not approved for
importation, the Secretary shall include the nonnative wildlife species in
the list of unapproved species under section 5.
(4) NOTICE OF DETERMINATION- The Secretary shall publish in the Federal
Register notice of the determination made under paragraph (2) and make
available on a publicly available Federal Internet site or through other
appropriate means, the basis for the determination.
SEC. 5. LIST OF UNAPPROVED SPECIES.
(a) Requirement To Issue List of Unapproved Species-
(1) IN GENERAL- The Secretary shall publish in the Federal Register a list
of nonnative wildlife species that are prohibited from importation into the
United States except as provided in section 7.
(2) INCLUDED SPECIES- The list under this subsection shall include-
(A) those species listed as injurious wildlife under section 42 of title 18,
United States Code, or under regulations under that section, as of the date
of enactment of this Act; and
(B) any other species the Secretary determines under section 4(c)(2)(B) is
not approved for importation.
(b) Proposal for Inclusion on the List of Unapproved Species-
(1) PROPOSAL-
(A) IN GENERAL- Any person may submit to the Secretary a proposal to add to
the list under this section any nonnative wildlife species.
(B) INFORMATION REQUIRED- Any proposal under this subsection must include
sufficient scientific and commercial information to allow the Secretary to
evaluate whether the proposed nonnative wildlife species is likely to cause
economic or environmental harm or harm to other animal species' or human
health.
(2) NOTICE- The Secretary shall publish notice of a complete proposal in the
Federal Register and provide an opportunity for 30 days of public comment on
the proposal.
(3) DETERMINATION- Based on scientific and commercial information provided
in a proposal under paragraph (1) or otherwise available to the Secretary,
the Secretary shall make one of the following determinations regarding such
a proposal in a reasonable period of time and in accordance with regulations
issued under section 3:
(A) The nonnative wildlife species is not approved for importation except as
provided in section 7, and is added to the list of unapproved species under
this section.
(B) The nonnative wildlife species is approved for importation.
(C) The Secretary has insufficient scientific and commercial information to
make a determination under subparagraph (A) or (B).
(4) TREATMENT OF APPROVED SPECIES- If the Secretary makes a determination
under paragraph (3)(B) that a nonnative wildlife species is approved for
importation, the Secretary shall include the nonnative wildlife species in
the list of approved species under section 4.
(5) NOTICE OF DETERMINATION- The Secretary shall publish in the Federal
Register notice of the determination made under paragraph (3) and make
available on a publicly available Federal Internet site or through other
appropriate means the basis for the determination.
(c) Revision- The Secretary may revise the list issued under this section
based on any scientific and commercial information available to the
Secretary.
(d) Emergency Authority and Temporary Prohibition-
(1) IN GENERAL- If the Secretary determines that an emergency exists because
a nonnative wildlife species poses an imminent threat of harm to the United
States economy, the environment, or human or animal species' health, the
Secretary may temporarily include the nonnative wildlife species in the list
of unapproved species under this section and, as appropriate, remove the
species from the list of approved species under section 4.
(2) NOTICE OF TEMPORARY LISTING- The Secretary shall publish in the Federal
Register notice of each temporary listing under this subsection and make
available on a publicly available Federal Internet site or through other
appropriate means the basis for the temporary listing.
(3) DETERMINATION- Within 180 days after temporarily including a nonnative
wildlife species in the unapproved species list under this section, the
Secretary shall make a final determination under subsection (b)(3) regarding
the species, publish in the Federal Register notice of the final
determination, and make available on a publicly available Federal Internet
site or through other appropriate means the basis for the final
determination.
(4) LIMITATION ON PROCEDURES- The procedures under section 4(c)(1)(A)(ii),
subsection (b)(2) of this section, and section 553 of title 5, United States
Code, shall not apply to determinations under this subsection.
SEC. 6. PROHIBITIONS AND PENALTIES.
(a) Prohibitions- Except as provided in this section or in section 7, it is
unlawful for any person subject to the jurisdiction of the United States to-
(1) import into or export from the United States any nonnative wildlife
species that is not included in the list of approved species issued under
section 4;
(2) transport between any State by any means whatsoever any nonnative
wildlife species that is not included in the list of approved species issued
under section 4;
(3) violate any term or condition of a permit issued under section 7;
(4) possess (except as provided in section 3(f)), sell or offer to sell,
purchase or offer to purchase, or barter for or offer to barter for, any
nonnative wildlife species that is prohibited from being imported under
paragraph (1);
(5) release into the wild any nonnative wildlife species that is prohibited
from being imported under paragraph (1); or
(6) breed any nonnative wildlife species that is prohibited from being
imported under paragraph (1), or provide any such species to another person
for breeding purposes.
(b) Penalties and Enforcement- Any person who violates subsection (a) shall
be subject to the civil penalties and criminal penalties described in
section 4 of the Lacey Act Amendments of 1981 (16 U.S.C. 3373). Sections
4(b), 4(e), 5, and 6 of that Act shall apply to such a violation in the same
manner as they apply to a violation of that Act.
(c) Limitation on Application-
(1) IN GENERAL- The prohibitions in subsection (a) shall not apply to-
(A) any action by Federal, State, tribal, or local law enforcement personnel
to enforce this section; and
(B) any action by Federal or State officials to prevent the introduction or
establishment of nonnative wildlife species.
(2) IMPORTATION AND TRANSPORTATION BY FEDERAL AGENCIES- Nothing in this Act
shall restrict the import or transportation between any States of nonnative
wildlife species by a Federal agency for its own use, if the nonnative
wildlife species remains in the possession of a Federal agency.
(d) Effective Date- This section shall take effect upon the publication of
notice under section 3(e)(3).
SEC. 7. PERMITS.
(a) In General- The Secretary may issue a permit authorizing importation
otherwise prohibited under section 6(a)(1), for scientific research,
medical, accredited zoological or aquarium display purposes, or for
educational purposes that are specifically reviewed, approved, and verified
by the Secretary, if the Secretary finds that there has been a proper
showing by the permittee of responsibility for the specimen and continued
protection of the public interest and health with respect to the specimen.
(b) Terms and Conditions- The Secretary may include in a permit under
subsection (a) terms and conditions to minimize the risk of introduction or
establishment of the nonnative wildlife species in the United States.
SEC. 8. FEES.
(a) Fee for Proposal To Include Species in List-
(1) IN GENERAL- The Secretary shall establish in the regulations under
section 3, and collect, a fee from any person that after publication of the
final preliminary list under section 4(b) submits to the Secretary-
(A) a proposal under section 4(c) to include a nonnative wildlife species to
the list of approved species under section 4; or
(B) a proposal under section 5(b) to include a nonnative wildlife species to
the list of unapproved species under section 5.
(2) PURPOSE- The fee shall be to recover costs of assessing risk of
nonnative wildlife species under the regulations issued under section 3.
(b) Nonnative Wildlife Invasion Prevention Fund-
(1) ESTABLISHMENT- There is established in the Treasury a separate account,
which shall be known as the Nonnative Wildlife Invasion Prevention Fund.
(2) CONTENTS- There shall be deposited into the account all amounts received
by the United States as fees under this section or as fines for violations
of this Act and its implementing regulations.
(3) USE- Amounts in the account shall be available to the Secretary, subject
to the availability of appropriations, for the purposes of implementing this
Act.
SEC. 9. TREATMENT OF NONNATIVE WILDLIFE SPECIES AS NONMAILABLE MATTER.
Nonnative wildlife species included in the list of approved species issued
under section 4 shall be considered and treated as nonmailable matter under
section 3015 of title 39, United States Code.
SEC. 10. RELATIONSHIP TO STATE LAW.
(a) In General- Nothing in this Act preempts or otherwise affects the
application of any State law that establishes stricter requirements for
importation, transportation, possession, sale, purchase, release, or
breeding of, or bartering for, any nonnative wildlife species.
(b) Limitation on Application of Prohibitions and Penalties To Prevent
Release- The Secretary may limit the application of any provision of section
6 to facilitate implementation of any State program that encourages
voluntary surrender to a State of nonnative wildlife species, if the
Secretary determines that such limitation will prevent release of such
species.
SEC. 11. REQUIREMENT TO ISSUE REGULATIONS.
The Secretary shall prescribe such regulations as are necessary and
appropriate to carry out the purposes of this Act.
SEC. 12. RELATIONSHIP TO OTHER FEDERAL LAWS.
Except as provided in section 13, nothing in this Act shall be construed-
(1) as repealing, superseding, or modifying any provision of the Public
Health Service Act (42 U.S.C. 201 et seq.) or the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.); or
(2) as authorizing any action with respect to the importation of any plant
pest as defined in the Federal Plant Pest Act (7 U.S.C. 150aa et seq.),
insofar as such importation is subject to regulation under that Act.
SEC. 13. REDESIGNATION OF INVASIVE SPECIES COUNCIL AS NATIONAL INVASIVE
SPECIES COUNCIL.
(a) Redesignation- The Invasive Species Council established by Executive
Order 13112 on February 8, 1999 (64 Fed. Reg. 6183) is redesignated as the
National Invasive Species Council.
(b) References- Any reference in a law, map, regulation, document, paper, or
other record of the United States to the council referred to in subsection
(a) is deemed to be a reference to the National Invasive Species Council.
SEC. 14. DEFINITIONS.
For the purposes of this Act:
(1) AQUATIC NUISANCE SPECIES TASK FORCE- The term 'Aquatic Nuisance Species
Task Force' means the Aquatic Nuisance Species Task Force established under
section 1201 of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4702).
(2) IMPORT- The term 'import' means to land on, bring into, or introduce
into, or attempt to land on, bring into, or introduce into, any place
subject to the jurisdiction of the Government of the United States, whether
or not such landing, bringing into, or introduction constitutes an
importation within the meaning of the customs laws of the Government of the
United States.
(3) NATIONAL INVASIVE SPECIES COUNCIL- The term 'National Invasive Species
Council' means the National Invasive Species Council established by
Executive Order 13112 on February 8, 1999 (64 Fed. Reg. 6183), as
redesignated by section 13.
(4) NATIVE SPECIES- The term 'native species' means a species that
historically occurred or currently occurs in the United States, other than
as a result of an intentional or unintentional introduction by humans.
(5) NONNATIVE WILDLIFE SPECIES- The term 'nonnative wildlife species'-
(A) except as provided in subparagraph (C), means any live species or
subspecies of animal that is not a native species or subspecies, whether or
not born or raised in captivity;
(B) except as provided in subparagraph (C), includes-
(i) any such live, wild species or subspecies of mammal, bird, fish,
reptile, amphibian, insect, mollusk, crustacean, arthropod, coelenterate, or
other invertebrate, and
(ii) any viable egg, sperm, gamete, or other reproductive material or
offspring thereof;
(C) does not include any species that is-
(i) specifically defined or regulated as a plant pest or approved for
biological control purposes under the Plant Protection Act (7 U.S.C. 7701 et
seq.); or
(ii) defined or regulated as a threat to livestock or poultry under the
Animal Health Protection Act (7 U.S.C. 8301 et seq.); and
(D) does not include any cat (Felis catus), cattle or oxen (Bos taurus),
chicken (Gallus gallus domesticus), dog (Canis lupus familiaris), donkey or
ass (Equus asinus), domesticated members of the family Anatidae (geese),
duck (domesticated Anas spp.), goat (Capra aegagrus hircus), goldfish
(Carassius auratus auratus), horse (Equus caballus), llama (Lama glama),
mule or hinny (Equus caballus x E. asinus), pig or hog (Sus scrofa
domestica), domesticated varieties of rabbit (Oryctolagus cuniculus), or
sheep (Ovis aries), or any other species or variety of species that is
determined by the Secretary to be common and clearly domesticated.
(6) PERSON- The term 'person' means-
(A) an individual, corporation, partnership, trust, association, or any
other private entity;
(B) any officer, employee, agent, department, or instrumentality of the
Federal Government, or of any State, municipality, or political subdivision
of a State, or of any foreign government; and
(C) any other entity subject to the jurisdiction of the Government of the
United States.
(7) SECRETARY- The term 'Secretary' means the Secretary of the Interior.
(8) STATE- The term 'State' includes the District of Columbia, American
Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, and the Virgin Islands, and any other territory
or possession of the United States.
(9) UNITED STATES- The term 'United States' means the several States of the
United States, the District of Columbia, American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto
Rico, the Virgin Islands, any possession of the United States, and any
waters, including the territorial sea and the Exclusive Economic Zone,
within the jurisdiction or sovereignty of the Government of the United
States.
January 26, 2009. Similar bills have been introduced in the past as far
back as the 1970's (as far as I know) and all have failed. Personally, I
don't see this having a major impact on the fishkeeping hobby even if it is
passed. The language implies that exceptions can be made, in the form of a
permit, if the people keeping prohibited species are "responsible".
It seems to be aimed mostly at fish, reptiles and amphibians. I have copied
and pasted the full text of the bill below (please snip when responding).
-Nitesbane
HR 669 IH
111th CONGRESS
1st Session
H. R. 669
To prevent the introduction and establishment of nonnative wildlife species
that negatively impact the economy, environment, or other animal species' or
human health, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
January 26, 2009
Ms. BORDALLO (for herself, Mr. GEORGE MILLER of California, Mr. ABERCROMBIE,
Mr. HASTINGS of Florida, Mr. KIND, Mr. MCGOVERN, Mrs. NAPOLITANO, Mr.
GRIJALVA, Mr. KLEIN of Florida, and Mr. KILDEE) introduced the following
bill; which was referred to the Committee on Natural Resources
A BILL
To prevent the introduction and establishment of nonnative wildlife species
that negatively impact the economy, environment, or other animal species' or
human health, and for other purposes.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the 'Nonnative Wildlife Invasion Prevention Act'.
SEC. 2. PURPOSE.
The purpose of this Act is to establish a risk assessment process to prevent
the introduction into, and establishment in, the United States of nonnative
wildlife species that will cause or are likely to cause economic or
environmental harm or harm to other animal species' health or human health.
SEC. 3. RISK ASSESSMENT PROCESS FOR IMPORTATION OF NONNATIVE WILDLIFE
SPECIES.
(a) In General- The Secretary of the Interior, acting through the United
States Fish and Wildlife Service, shall promulgate regulations that
establish a process for assessing the risk of all nonnative wildlife species
proposed for importation into the United States, other than nonnative
wildlife species that are included in the list of approved species issued
under section 4.
(b) Factors To Be Considered- The regulations promulgated under subsection
(a) shall include consideration of-
(1) the identity of the organism to the species level, including to the
extent possible specific information on its subspecies and genetic identity;
(2) the native range of the species;
(3) whether the species has established or spread, or caused harm to the
economy, the environment, or other animal species or human health in
ecosystems in or ecosystems that are similar to those in the United States;
(4) the likelihood that environmental conditions suitable for the
establishment or spread of the species exist in the United States;
(5) the likelihood of establishment of the species in the United States;
(6) the likelihood of spread of the species in the United States;
(7) the likelihood that the species would harm wildlife resources in the
United States;
(8) the likelihood that the species would harm native species that are rare
or native species that have been listed as threatened species or endangered
species in the United States under the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.);
(9) the likelihood that the species would harm habitats or ecosystems in the
United States;
(10) the likelihood that pathogenic species or parasitic species may
accompany the species proposed for importation; and
(11) other factors important to assessing the risks associated with the
species, consistent with the purpose under section 2.
(c) Notice- In promulgating the regulations under subsection (a), the
Secretary shall provide notice to States, Indian tribes, other stakeholders
concerned with environmental, humane, public health, economic, trade, and
other relevant issues, the Aquatic Nuisance Species Task Force, the National
Invasive Species Council, the Department of Agriculture, and the Centers for
Disease Control and Prevention.
(d) Transparency- The Secretary shall ensure that the risk assessment
process established by the regulations under subsection (a) is based on
sound science and is consistent with sections 4 and 5.
(e) Deadlines- The Secretary shall-
(1) publish in the Federal Register proposed regulations under subsection
(a) and a proposed preliminary list of approved species under section 4(b),
by not later than 2 years after the date of the enactment of this Act;
(2) publish in the Federal Register final regulations under subsection (a),
a final preliminary list of approved species under section 4(b), and a
notice of the prohibitions under this Act, by not later than 30 days before
the date on which the Secretary begins assessing risk under the regulations;
and
(3) begin assessing risk with respect to nonnative wildlife species under
the final regulations promulgated under subsection (a), and publish notice
thereof, by not later than 37 months after the date of the enactment of this
Act.
(f) Animals Owned Lawfully Prior to Prohibition of Importation- This Act and
regulations issued under this Act shall not interfere with the ability of
any person to possess an individual animal of any species if such individual
animal was legally owned by the person before the risk assessment is begun
pursuant to subsection (e)(3), even if such species is later prohibited from
being imported under the regulations issued under this Act.
SEC. 4. LIST OF APPROVED SPECIES.
(a) Requirement To Issue List of Approved Species-
(1) IN GENERAL- Not later than 36 months after the date of enactment of this
Act, the Secretary shall publish in the Federal Register a list of nonnative
wildlife species approved for importation into the United States.
(2) EXCLUSION OF CERTAIN SPECIES- The Secretary shall not include in the
list-
(A) any species included in the list of prohibited species under section 5;
or
(B) any species, the importation of which is prohibited by any other Federal
law or regulation of the United States due to the likelihood of causing harm
to the economy, the environment, or other animal species or human health.
(3) REVISION- The Secretary may revise the list issued under this section
based on available scientific and commercial information.
(b) Preliminary List-
(1) IN GENERAL- The Secretary shall include in the preliminary list under
this section nonnative wildlife species that the Secretary finds, consistent
with the factors described in section 3(b) and based on scientific and
commercial information that is provided in a proposal under paragraph (2) or
otherwise available to the Secretary-
(A) are not harmful to the United States' economy, the environment, or other
animal species' or human health; or
(B) may be harmful to the United States' economy, the environment, or other
animal species' or human health, but already are so widespread in the United
States that it is clear to the Secretary that any import prohibitions or
restrictions would have no practical utility for the United States.
(2) PROPOSALS FOR INCLUSION IN PRELIMINARY LIST- The Secretary-
(A) shall, by not later than 60 days after the date of enactment of this
Act, publish in the Federal Register, and make available on a publically
available Federal Internet site, a request for submission, by any interested
persons (including persons that import or that intend to import nonnative
wildlife species), of proposals of nonnative wildlife species to be included
in the preliminary list under this subsection and supporting documentation
for such proposals;
(B) shall accept such proposals for 10 months after the date the Secretary
publishes the request for submissions; and
(C) may propose a nonnative wildlife species for inclusion in the
preliminary list.
(3) PUBLIC NOTICE AND COMMENT- Before issuing the final preliminary list of
approved species under this subsection, the Secretary shall-
(A) publish in the Federal Register and make available on a publicly
available Federal Internet site, the proposed preliminary list; and
(B) provide for, a period of not less than 60 days, an opportunity to submit
public comments on the proposed preliminary list.
(4) PUBLICATION OF LIST- The Secretary shall publish in the Federal Register
and make available on a publicly available Federal Internet site, the final
preliminary list under this subsection.
(c) Proposal for Inclusion on the Approved List-
(1) SUBMISSION OF PROPOSALS-
(A) IN GENERAL- After publication of the final preliminary list under
subsection (b)-
(i) any interested person may submit to the Secretary in accordance with
subparagraph (B) a proposal to include a nonnative wildlife species in the
approved list under this section (including a request to import such a
species that is not in the list published under this section and section 5,
respectively); and
(ii) upon receipt of a complete proposal under clause (i), the Secretary
shall publish notice of the proposal in the Federal Register and provide an
opportunity for 30 days of public comment on the proposal.
(B) INFORMATION REQUIRED- Any proposal under this paragraph must include
sufficient scientific and commercial information to allow the Secretary to
evaluate whether the proposed nonnative wildlife species is likely to cause
economic or environmental harm or harm to other animal species' or human
health.
(2) DETERMINATION- Based on scientific and commercial information provided
in a proposal under paragraph (1) or otherwise available to the Secretary,
the Secretary shall make one of the following determinations regarding such
a proposal in a reasonable period of time and in accordance with the
regulations issued under section 3:
(A) The nonnative wildlife species is approved for importation, and is added
to the list of approved species under this section.
(B) The nonnative wildlife species is not approved for importation, unless
permitted under section 7.
(C) The Secretary has insufficient scientific and commercial information to
make a determination under subparagraph (A) or (B).
(3) TREATMENT OF UNAPPROVED SPECIES- If the Secretary makes a determination
under paragraph (2)(B) that a nonnative wildlife species is not approved for
importation, the Secretary shall include the nonnative wildlife species in
the list of unapproved species under section 5.
(4) NOTICE OF DETERMINATION- The Secretary shall publish in the Federal
Register notice of the determination made under paragraph (2) and make
available on a publicly available Federal Internet site or through other
appropriate means, the basis for the determination.
SEC. 5. LIST OF UNAPPROVED SPECIES.
(a) Requirement To Issue List of Unapproved Species-
(1) IN GENERAL- The Secretary shall publish in the Federal Register a list
of nonnative wildlife species that are prohibited from importation into the
United States except as provided in section 7.
(2) INCLUDED SPECIES- The list under this subsection shall include-
(A) those species listed as injurious wildlife under section 42 of title 18,
United States Code, or under regulations under that section, as of the date
of enactment of this Act; and
(B) any other species the Secretary determines under section 4(c)(2)(B) is
not approved for importation.
(b) Proposal for Inclusion on the List of Unapproved Species-
(1) PROPOSAL-
(A) IN GENERAL- Any person may submit to the Secretary a proposal to add to
the list under this section any nonnative wildlife species.
(B) INFORMATION REQUIRED- Any proposal under this subsection must include
sufficient scientific and commercial information to allow the Secretary to
evaluate whether the proposed nonnative wildlife species is likely to cause
economic or environmental harm or harm to other animal species' or human
health.
(2) NOTICE- The Secretary shall publish notice of a complete proposal in the
Federal Register and provide an opportunity for 30 days of public comment on
the proposal.
(3) DETERMINATION- Based on scientific and commercial information provided
in a proposal under paragraph (1) or otherwise available to the Secretary,
the Secretary shall make one of the following determinations regarding such
a proposal in a reasonable period of time and in accordance with regulations
issued under section 3:
(A) The nonnative wildlife species is not approved for importation except as
provided in section 7, and is added to the list of unapproved species under
this section.
(B) The nonnative wildlife species is approved for importation.
(C) The Secretary has insufficient scientific and commercial information to
make a determination under subparagraph (A) or (B).
(4) TREATMENT OF APPROVED SPECIES- If the Secretary makes a determination
under paragraph (3)(B) that a nonnative wildlife species is approved for
importation, the Secretary shall include the nonnative wildlife species in
the list of approved species under section 4.
(5) NOTICE OF DETERMINATION- The Secretary shall publish in the Federal
Register notice of the determination made under paragraph (3) and make
available on a publicly available Federal Internet site or through other
appropriate means the basis for the determination.
(c) Revision- The Secretary may revise the list issued under this section
based on any scientific and commercial information available to the
Secretary.
(d) Emergency Authority and Temporary Prohibition-
(1) IN GENERAL- If the Secretary determines that an emergency exists because
a nonnative wildlife species poses an imminent threat of harm to the United
States economy, the environment, or human or animal species' health, the
Secretary may temporarily include the nonnative wildlife species in the list
of unapproved species under this section and, as appropriate, remove the
species from the list of approved species under section 4.
(2) NOTICE OF TEMPORARY LISTING- The Secretary shall publish in the Federal
Register notice of each temporary listing under this subsection and make
available on a publicly available Federal Internet site or through other
appropriate means the basis for the temporary listing.
(3) DETERMINATION- Within 180 days after temporarily including a nonnative
wildlife species in the unapproved species list under this section, the
Secretary shall make a final determination under subsection (b)(3) regarding
the species, publish in the Federal Register notice of the final
determination, and make available on a publicly available Federal Internet
site or through other appropriate means the basis for the final
determination.
(4) LIMITATION ON PROCEDURES- The procedures under section 4(c)(1)(A)(ii),
subsection (b)(2) of this section, and section 553 of title 5, United States
Code, shall not apply to determinations under this subsection.
SEC. 6. PROHIBITIONS AND PENALTIES.
(a) Prohibitions- Except as provided in this section or in section 7, it is
unlawful for any person subject to the jurisdiction of the United States to-
(1) import into or export from the United States any nonnative wildlife
species that is not included in the list of approved species issued under
section 4;
(2) transport between any State by any means whatsoever any nonnative
wildlife species that is not included in the list of approved species issued
under section 4;
(3) violate any term or condition of a permit issued under section 7;
(4) possess (except as provided in section 3(f)), sell or offer to sell,
purchase or offer to purchase, or barter for or offer to barter for, any
nonnative wildlife species that is prohibited from being imported under
paragraph (1);
(5) release into the wild any nonnative wildlife species that is prohibited
from being imported under paragraph (1); or
(6) breed any nonnative wildlife species that is prohibited from being
imported under paragraph (1), or provide any such species to another person
for breeding purposes.
(b) Penalties and Enforcement- Any person who violates subsection (a) shall
be subject to the civil penalties and criminal penalties described in
section 4 of the Lacey Act Amendments of 1981 (16 U.S.C. 3373). Sections
4(b), 4(e), 5, and 6 of that Act shall apply to such a violation in the same
manner as they apply to a violation of that Act.
(c) Limitation on Application-
(1) IN GENERAL- The prohibitions in subsection (a) shall not apply to-
(A) any action by Federal, State, tribal, or local law enforcement personnel
to enforce this section; and
(B) any action by Federal or State officials to prevent the introduction or
establishment of nonnative wildlife species.
(2) IMPORTATION AND TRANSPORTATION BY FEDERAL AGENCIES- Nothing in this Act
shall restrict the import or transportation between any States of nonnative
wildlife species by a Federal agency for its own use, if the nonnative
wildlife species remains in the possession of a Federal agency.
(d) Effective Date- This section shall take effect upon the publication of
notice under section 3(e)(3).
SEC. 7. PERMITS.
(a) In General- The Secretary may issue a permit authorizing importation
otherwise prohibited under section 6(a)(1), for scientific research,
medical, accredited zoological or aquarium display purposes, or for
educational purposes that are specifically reviewed, approved, and verified
by the Secretary, if the Secretary finds that there has been a proper
showing by the permittee of responsibility for the specimen and continued
protection of the public interest and health with respect to the specimen.
(b) Terms and Conditions- The Secretary may include in a permit under
subsection (a) terms and conditions to minimize the risk of introduction or
establishment of the nonnative wildlife species in the United States.
SEC. 8. FEES.
(a) Fee for Proposal To Include Species in List-
(1) IN GENERAL- The Secretary shall establish in the regulations under
section 3, and collect, a fee from any person that after publication of the
final preliminary list under section 4(b) submits to the Secretary-
(A) a proposal under section 4(c) to include a nonnative wildlife species to
the list of approved species under section 4; or
(B) a proposal under section 5(b) to include a nonnative wildlife species to
the list of unapproved species under section 5.
(2) PURPOSE- The fee shall be to recover costs of assessing risk of
nonnative wildlife species under the regulations issued under section 3.
(b) Nonnative Wildlife Invasion Prevention Fund-
(1) ESTABLISHMENT- There is established in the Treasury a separate account,
which shall be known as the Nonnative Wildlife Invasion Prevention Fund.
(2) CONTENTS- There shall be deposited into the account all amounts received
by the United States as fees under this section or as fines for violations
of this Act and its implementing regulations.
(3) USE- Amounts in the account shall be available to the Secretary, subject
to the availability of appropriations, for the purposes of implementing this
Act.
SEC. 9. TREATMENT OF NONNATIVE WILDLIFE SPECIES AS NONMAILABLE MATTER.
Nonnative wildlife species included in the list of approved species issued
under section 4 shall be considered and treated as nonmailable matter under
section 3015 of title 39, United States Code.
SEC. 10. RELATIONSHIP TO STATE LAW.
(a) In General- Nothing in this Act preempts or otherwise affects the
application of any State law that establishes stricter requirements for
importation, transportation, possession, sale, purchase, release, or
breeding of, or bartering for, any nonnative wildlife species.
(b) Limitation on Application of Prohibitions and Penalties To Prevent
Release- The Secretary may limit the application of any provision of section
6 to facilitate implementation of any State program that encourages
voluntary surrender to a State of nonnative wildlife species, if the
Secretary determines that such limitation will prevent release of such
species.
SEC. 11. REQUIREMENT TO ISSUE REGULATIONS.
The Secretary shall prescribe such regulations as are necessary and
appropriate to carry out the purposes of this Act.
SEC. 12. RELATIONSHIP TO OTHER FEDERAL LAWS.
Except as provided in section 13, nothing in this Act shall be construed-
(1) as repealing, superseding, or modifying any provision of the Public
Health Service Act (42 U.S.C. 201 et seq.) or the Federal Food, Drug, and
Cosmetic Act (21 U.S.C. 301 et seq.); or
(2) as authorizing any action with respect to the importation of any plant
pest as defined in the Federal Plant Pest Act (7 U.S.C. 150aa et seq.),
insofar as such importation is subject to regulation under that Act.
SEC. 13. REDESIGNATION OF INVASIVE SPECIES COUNCIL AS NATIONAL INVASIVE
SPECIES COUNCIL.
(a) Redesignation- The Invasive Species Council established by Executive
Order 13112 on February 8, 1999 (64 Fed. Reg. 6183) is redesignated as the
National Invasive Species Council.
(b) References- Any reference in a law, map, regulation, document, paper, or
other record of the United States to the council referred to in subsection
(a) is deemed to be a reference to the National Invasive Species Council.
SEC. 14. DEFINITIONS.
For the purposes of this Act:
(1) AQUATIC NUISANCE SPECIES TASK FORCE- The term 'Aquatic Nuisance Species
Task Force' means the Aquatic Nuisance Species Task Force established under
section 1201 of the Nonindigenous Aquatic Nuisance Prevention and Control
Act of 1990 (16 U.S.C. 4702).
(2) IMPORT- The term 'import' means to land on, bring into, or introduce
into, or attempt to land on, bring into, or introduce into, any place
subject to the jurisdiction of the Government of the United States, whether
or not such landing, bringing into, or introduction constitutes an
importation within the meaning of the customs laws of the Government of the
United States.
(3) NATIONAL INVASIVE SPECIES COUNCIL- The term 'National Invasive Species
Council' means the National Invasive Species Council established by
Executive Order 13112 on February 8, 1999 (64 Fed. Reg. 6183), as
redesignated by section 13.
(4) NATIVE SPECIES- The term 'native species' means a species that
historically occurred or currently occurs in the United States, other than
as a result of an intentional or unintentional introduction by humans.
(5) NONNATIVE WILDLIFE SPECIES- The term 'nonnative wildlife species'-
(A) except as provided in subparagraph (C), means any live species or
subspecies of animal that is not a native species or subspecies, whether or
not born or raised in captivity;
(B) except as provided in subparagraph (C), includes-
(i) any such live, wild species or subspecies of mammal, bird, fish,
reptile, amphibian, insect, mollusk, crustacean, arthropod, coelenterate, or
other invertebrate, and
(ii) any viable egg, sperm, gamete, or other reproductive material or
offspring thereof;
(C) does not include any species that is-
(i) specifically defined or regulated as a plant pest or approved for
biological control purposes under the Plant Protection Act (7 U.S.C. 7701 et
seq.); or
(ii) defined or regulated as a threat to livestock or poultry under the
Animal Health Protection Act (7 U.S.C. 8301 et seq.); and
(D) does not include any cat (Felis catus), cattle or oxen (Bos taurus),
chicken (Gallus gallus domesticus), dog (Canis lupus familiaris), donkey or
ass (Equus asinus), domesticated members of the family Anatidae (geese),
duck (domesticated Anas spp.), goat (Capra aegagrus hircus), goldfish
(Carassius auratus auratus), horse (Equus caballus), llama (Lama glama),
mule or hinny (Equus caballus x E. asinus), pig or hog (Sus scrofa
domestica), domesticated varieties of rabbit (Oryctolagus cuniculus), or
sheep (Ovis aries), or any other species or variety of species that is
determined by the Secretary to be common and clearly domesticated.
(6) PERSON- The term 'person' means-
(A) an individual, corporation, partnership, trust, association, or any
other private entity;
(B) any officer, employee, agent, department, or instrumentality of the
Federal Government, or of any State, municipality, or political subdivision
of a State, or of any foreign government; and
(C) any other entity subject to the jurisdiction of the Government of the
United States.
(7) SECRETARY- The term 'Secretary' means the Secretary of the Interior.
(8) STATE- The term 'State' includes the District of Columbia, American
Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the
Commonwealth of Puerto Rico, and the Virgin Islands, and any other territory
or possession of the United States.
(9) UNITED STATES- The term 'United States' means the several States of the
United States, the District of Columbia, American Samoa, Guam, the
Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto
Rico, the Virgin Islands, any possession of the United States, and any
waters, including the territorial sea and the Exclusive Economic Zone,
within the jurisdiction or sovereignty of the Government of the United
States.