2D SESSION
H. R. 6311
To prevent the introduction and establishment of nonnative wildlife species
that negatively impact the economy, environment, or human or animal
species’ health, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
JUNE 19, 2008
Ms. BORDALLO (for herself, Mr. HASTINGS of Florida, Mr. ABERCROMBIE,
Mr. KILDEE, Mr. KLEIN of Florida, Ms. MCCOLLUM of Minnesota, and
Mr. KIND) 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 human or animal species’ health, and for
other purposes.
1 Be it enacted by the Senate and House of Representa2
tives of the United States of America in Congress assembled,
3 SECTION 1. SHORT TITLE.
4 This Act may be cited as the ‘‘Nonnative Wildlife In5
vasion Prevention Act’’.
2
1 SEC. 2. PURPOSE.
2 The purpose of this Act is to establish a risk assess3
ment process to prevent the introduction into, and estab4
lishment in, the United States of nonnative wildlife species
that will cause or are likely to cause economic or environ6
mental harm or harm to human or animal species’ health.
7 SEC. 3. RISK ASSESSMENT PROCESS FOR IMPORTATION OF
8 NONNATIVE WILDLIFE SPECIES.
9 (a) IN GENERAL.—The Secretary of the Interior, acting
through the United States Fish and Wildlife Service,
11 shall promulgate regulations that establish a process for
12 assessing the risk of all nonnative wildlife species proposed
13 for importation into the United States, other than non14
native wildlife species that are included in the list of approved
species issued under section 4.
16 (b) FACTORS TO BE CONSIDERED.—Regulations
17 under this section shall provide that in assessing the risk
18 of a nonnative wildlife species the Secretary shall consider
19 at a minimum—
(1) the identity of the organism to the species
21 level, including to the extent possible more specific
22 information on its subspecies and genetic identity;
23 (2) the geographic source of the species and the
24 conditions under which it was captured or bred;
(3) whether the species has established or
26 spread, or caused harm to the economy or the envi
•HR 6311 IH
3
1 ronment or the health of humans or of wildlife, in
2 ecosystems that are similar to those in the United
3 States but are located outside the United States;
4 (4) the likelihood that environmental conditions
5 suitable for the establishment or spread of the spe6
cies exist anywhere in the United States;
7 (5) the likelihood of establishment of the species
8 in the United States;
9 (6) the likelihood of spread of the species in the
10 United States;
11 (7) the likelihood that the species would harm
12 wildlife resources in the United States;
13 (8) the likelihood that the species would harm
14 rare, threatened, or endangered species in the
15 United States;
16 (9) the likelihood that the species would harm
17 habitats or ecosystems in the United States;
18 (10) the likelihood that pathogenic species,
19 parasitic species, or free-living species may accom20
pany the species proposed for importation; and
21 (11) other factors important to the risks associ22
ated with the species.
23 (c) CONSULTATION.—In promulgating the regula24
tions, the Secretary shall consult with States, Indian
•HR 6311 IH
4
1 tribes, other stakeholders, the Aquatic Nuisance Species
2 Task Force, and the Invasive Species Council.
3 (d) TRANSPARENCY.—The Secretary shall ensure
4 that the risk assessment process established by the regulations
is scientifically credible and is consistent with sec6
tions 4 and 5.
7 (e) DEADLINES.—The Secretary shall—
8 (1) propose regulations under subsection (a)
9 and an initial list under section 4(b), by not later
than 2 years after the date of the enactment of this
11 Act;
12 (2) publish in the Federal Register final regula13
tions under subsection (a), an initial list under sec14
tion 4(b), and a notice of the prohibitions under this
Act, by not later than 30 days before the date on
16 which the Secretary begins assessing risk under the
17 regulations; and
18 (3) begin assessing risk under the regulations
19 by not later than 37 months after the date of the
enactment of this Act.
21 (f) ANIMALS IMPORTED PRIOR TO PROHIBITION OF
22 IMPORTATION.—This Act and regulations issued under
23 this Act shall not interfere with the ability of any person
24 to possess an individual animal of a species that was imported
legally, even if such species is later prohibited from
•HR 6311 IH
5
1 being imported under the regulations issued under this
2 Act.
3 SEC. 4. LIST OF APPROVED SPECIES.
4 (a) REQUIREMENT TO ISSUE LIST.—
5 (1) IN GENERAL.—Not later than 36 months
6 after the date of enactment of this Act, the Sec7
retary shall publish in the Federal Register a list of
8 nonnative wildlife species approved for importation.
9 (2) EXCLUSION OF CERTAIN SPECIES.—The
10 Secretary shall not include in the list—
11 (A) any species included in the list of pro12
hibited species under section 5; or
13 (B) any species, the importation of which
14 is prohibited by any other law or regulation.
15 (3) REVISION.—The Secretary may revise the
16 list issued under this subsection.
17 (b) INITIAL LIST.—
18 (1) IN GENERAL.—The Secretary shall include
19 in the initial list under this section nonnative wildlife
20 species that the Secretary finds—
21 (A) based on the best scientific and com22
mercial data available, are not harmful to the
23 United States’ economy, the environment, or
24 human or other animal species’ health; or
•HR 6311 IH
6
1 (B) may be harmful in some respects, but
2 already are so widespread in the United States
3 that future import prohibitions or restrictions
4 would have no practical utility.
5 (2) PROPOSALS FOR INCLUSION IN INITIAL
6 LIST.—The Secretary—
7 (A) shall, by not later than 60 days after
8 the date of enactment of this Act, publish in
9 the Federal Register and make available on the
10 Internet a request for submission, by persons
11 that import or that intend to import nonnative
12 wildlife species, of proposals of nonnative wild13
life species to be included in the initial list
14 under this subsection and supporting docu15
mentation for such proposals;
16 (B) shall accept such proposals for 10
17 months after the date the Secretary publishes
18 the request for submissions; and
19 (C) may propose a nonnative wildlife spe20
cies for inclusion in the list.
21 (3) PUBLIC NOTICE AND COMMENT.—Before
22 issuing the initial list under this subsection, the Sec23
retary shall—
•HR 6311 IH
7
1 (A) publish in the Federal Register and
2 make available on the Internet the proposed ini3
tial list; and
4 (B) provide for, a period of not less than
60 days, an opportunity to submit public com6
ments on the proposed list.
7 (4) DEADLINE.—The Secretary shall publish in
8 the Federal Register and make available on the
9 Internet an initial list under this subsection.
(c) PROPOSAL FOR INCLUSION ON THE APPROVED
11 LIST.—
12 (1) REQUEST FOR INFORMATION.—After publi13
cation of the list under this section, upon receipt of
14 a proposal for, or proposing, inclusion of a nonnative
wildlife species on the list (including a request to im16
port such a species that is not on the list published
17 under this section and section 5, respectively), the
18 Secretary shall provide notice of the proposal and an
19 opportunity to comment to the head of each agency
and each interested person with information relevant
21 to the process for assessing the risk established
22 under section 3.
23 (2) DETERMINATION.—The Secretary shall
24 make one of the following determinations regarding
such a proposal in a reasonable period of time and
•HR 6311 IH
8
1 in accordance with the factors to be considered
2 under section 3(b):
3 (A) The nonnative wildlife species is ap4
proved for importation, and is added to the list
of approved species under this section.
6 (B) The nonnative wildlife species is not
7 approved for importation, unless permitted
8 under section 7.
9 (3) TREATMENT OF UNAPPROVED SPECIES.—If
the Secretary makes a determination under para11
graph (2)(B) that a nonnative wildlife species is not
12 approved for importation, the Secretary shall—
13 (A) include the nonnative wildlife species
14 on the list of unapproved species under section
5; or
16 (B) request the person who submitted a
17 proposal for which the determination is made to
18 submit additional information, tests, or data
19 needed to make a definitive determination
under this section.
21 (d) NOTICE OF DETERMINATION.—The Secretary
22 shall publish in the Federal Register and make available
23 on the Internet or other appropriate means, the deter24
minations made with respect to proposals considered
under this section.
•HR 6311 IH
9
1 SEC. 5. LIST OF UNAPPROVED SPECIES.
2 (a) REQUIREMENT TO ISSUE LIST.—
3 (1) IN GENERAL.—The Secretary shall publish
4 in the Federal Register a list of nonnative wildlife
species that are prohibited or restricted from enter6
ing the United States.
7 (2) INCLUDED SPECIES.—The list under this
8 subsection shall include—
9 (A) those species listed by Federal regulation
as injurious wildlife under section 42 of
11 title 18, United States Code, as of the date of
12 enactment of this Act; and
13 (B) any other species the Secretary has de14
termined under section 4(c) is not approved for
importation.
16 (b) PETITION PROCESS TO ADD OR REMOVE SPE17
CIES FROM UNAPPROVED LIST.—
18 (1) IN GENERAL.—Any person may petition the
19 Secretary to add to or remove from the list under
this section any nonnative wildlife species, consistent
21 with regulations established under this Act.
22 (2) NOTICE.—The Secretary shall publish no23
tice of the petition and provide an opportunity for
24 public comment.
(3) ACTION ON PETITION.—The Secretary
26 shall—
•HR 6311 IH
10
1 (A) determine whether or not to add or re2
move the nonnative wildlife species from the
3 list, as applicable, pursuant to the petition,
4 within a reasonable time and based on information
that is provided by the petition or other6
wise readily available;
7 (B) notify the petitioner of such deter8
mination; and
9 (C) publish such determination in the Federal
Register.
11 (c) EMERGENCY AUTHORITY AND TEMPORARY PRO12
HIBITION.—
13 (1) IN GENERAL.—If the Secretary determines
14 that an emergency exists because a nonnative wildlife
species in the United States poses a serious
16 threat of harm to the United States economy, the
17 environment, or human or animal species’ health,
18 the Secretary may temporarily place the nonnative
19 wildlife species on the list of unapproved species.
(2) DETERMINATION.—The Secretary shall
21 publish in the Federal Register and make available
22 to the public through the Internet or other appro23
priate means a final determination of whether to
24 maintain the nonnative wildlife species on the list of
unapproved species, within 180 days after tempo
•HR 6311 IH
11
1 rarily adding the nonnative wildlife species to such
2 list.
3 SEC. 6. PROHIBITIONS AND PENALTIES.
4 (a) PROHIBITIONS.—No person shall—
(1) import into the United States any nonnative
6 wildlife species or viable eggs of such species that is
7 not included in the list of approved species issued
8 under section 4, except as authorized by a permit
9 under section 7;
(2) violate any term or condition of a permit
11 issued under section 7;
12 (3) knowingly possess (except as provided in
13 section 3(f)), sell or offer to sell, purchase or offer
14 to purchase, or barter for or offer to barter for, any
nonnative wildlife species that is prohibited from
16 being imported under paragraph (1), any descend17
ants of such a species, or viable eggs of such a spe18
cies;
19 (4) knowingly release any nonnative wildlife
species imported in violation of paragraph (1), or
21 any viable eggs or descendants of such a species;
22 (5) knowingly breed any nonnative wildlife spe23
cies imported in violation of paragraph (1), or pro24
vide any such species to others for breeding purposes;
or
•HR 6311 IH
12
1 (6) knowingly sell or offer to sell, purchase or
2 offer to purchase, barter or offer to barter for or
3 offer to barter for, release, or breed any nonnative
4 wildlife species referred to in section 3(f).
5 (b) PENALTIES AND ENFORCEMENT.—Any person
6 who violates subsection (a) of this section shall be subject
7 to the civil penalties and criminal penalties described in
8 section 4 of the Lacey Act Amendments of 1981 (16
9 U.S.C. 3373). Sections 4(b), 4(e), 5, and 6 of that Act
10 shall apply to such a violation in the same manner as they
11 apply to a violation of that Act.
12 (c) LIMITATION ON APPLICATION.—Subsection (a)
13 shall not apply to any action by law enforcement personnel
14 engaged in enforcement of this section.
15 (d) EFFECTIVE DATE.—This section shall take effect
16 37 months after the date of the enactment of this Act.
17 SEC. 7. PERMITS.
18 The Secretary may issue a permit authorizing impor19
tation otherwise prohibited by section 6(a)(1) for edu20
cational, scientific research, or accredited zoological or
21 aquarium display purposes.
22 SEC. 8. FEES.
23 (a) IN GENERAL.—The Secretary shall establish and
24 collect a fee to recover, to the maximum extent practicable,
•HR 6311 IH
13
1 costs of assessing risk of nonnative wildlife species under
2 the regulations issued under section 3.
3 (b) NONNATIVE WILDLIFE INVASION PREVENTION
4 FUND.—
(1) ESTABLISHMENT.—There is established in
6 the Treasury a separate account which shall be
7 known as the Nonnative Wildlife Invasion Preven8
tion Fund.
9 (2) CONTENTS.—There shall be deposited into
the account amounts received by the United States
11 as fees under this section.
12 (3) USE.—Amounts in the account shall be
13 available to the Secretary, subject to the availability
14 of appropriations, for the purposes of implementing
this Act.
16 SEC. 9. TREATMENT OF NONNATIVE WILDLIFE SPECIES AS
17 NONMAILABLE MATTER.
18 Nonnative wildlife species included in the list of ap19
proved species issued under section 4 shall be considered
and treated as nonmailable matter under section 3015 of
21 title 39, United States Code.
22 SEC. 10. RELATIONSHIP TO STATE LAW.
23 (a) IN GENERAL.—Nothing in this Act preempts or
24 otherwise affects the application of any State law that establishes
stricter requirements for importation, possession,
•HR 6311 IH
14
1 sale, purchase, release, or breeding of, or bartering for,
2 any nonnative wildlife species, except to the extent that
3 State law is inconsistent with this Act.
4 (b) LIMITATION ON APPLICATION OF PROHIBITIONS
5 AND PENALTIES TO PREVENT RELEASE.—The Secretary
6 may limit the application of any provision of section 6 to
7 facilitate implementation of any State program that en8
courages voluntary surrender to a State of nonnative wild9
life species, if the Secretary determines that such limita10
tion will prevent release of such species.
11 SEC. 11. DEFINITIONS.
12 For the purposes of this Act:
13 (1) AQUATIC NUISANCE SPECIES TASK
14 FORCE.—The term ‘‘Aquatic Nuisance Species Task
15 Force’’ means the Aquatic Nuisance Species Task
16 Force established under section 1201 of the Non17
indigenous Aquatic Nuisance Prevention and Control
18 Act of 1990 (16 U.S.C. 4702).
19 (2) INVASIVE SPECIES COUNCIL.—The term
20 ‘‘Invasive Species Council’’ means the Invasive Spe21
cies Council established by Executive Order 13112
22 on February 8, 1999 (64 Fed. Reg. 6183).
23 (3) NATIVE SPECIES.—The term ‘‘native spe24
cies’’ means a species that historically occurred or
•HR 6311 IH
15
1 currently occurs in the United States, other than as
2 a result of an introduction by humans.
3 (4) NONNATIVE WILDLIFE SPECIES.—The term
4 ‘‘nonnative wildlife species’’—
(A) except as provided in subparagraph
6 (C), means any species of animal that is not a
7 native species, whether or not raised in cap8
tivity;
9 (B) except as provided in subparagraph
(C), includes—
11 (i) any such species of mammal, bird,
12 fish, reptile, amphibian, insect, mollusk
13 and crustacean, arthropod, coelenterate, or
14 other invertebrate, and
(ii) any egg or offspring thereof; and
16 (C) does not include any species specifi17
cally defined or regulated as a plant pest under
18 the Plant Protection Act (7 U.S.C. 7701 et
19 seq.) or as a threat to livestock or poultry
under the Animal Health Protection Act (7
21 U.S.C. 8301 et seq.).
22 (5) SECRETARY.—The term ‘‘Secretary’’ means
23 the Secretary of the Interior.
24 (6) STATE.—The term ‘‘State’’ means any
State of the United States, the District of Columbia,
•HR 6311 IH
16
1 American Samoa, Guam, the Commonwealth of the
2 Northern Mariana Islands, Puerto Rico, and the
3 Virgin Islands.
4 (7) UNITED STATES.—The term ‘‘United
5 States’’, when used in a geographic sense, means
6 any State of the United States, the District of Co7
lumbia, American Samoa, Guam, the Commonwealth
8 of the Northern Mariana Islands, Puerto Rico, the
9 Virgin Islands, any possession of the United States,
10 and any waters within the jurisdiction of the United
11 States.
Æ
•HR 6311 IH
Add your content here