[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 6311 Introduced in House (IH)]







110th CONGRESS
  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.

    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 human or animal 
species' 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.--Regulations under this section shall 
provide that in assessing the risk of a nonnative wildlife species the 
Secretary shall consider at a minimum--
            (1) the identity of the organism to the species level, 
        including to the extent possible more specific information on 
        its subspecies and genetic identity;
            (2) the geographic source of the species and the conditions 
        under which it was captured or bred;
            (3) whether the species has established or spread, or 
        caused harm to the economy or the environment or the health of 
        humans or of wildlife, in ecosystems that are similar to those 
        in the United States but are located outside the United States;
            (4) the likelihood that environmental conditions suitable 
        for the establishment or spread of the species exist anywhere 
        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 rare, 
        threatened, or endangered species in the United States;
            (9) the likelihood that the species would harm habitats or 
        ecosystems in the United States;
            (10) the likelihood that pathogenic species, parasitic 
        species, or free-living species may accompany the species 
        proposed for importation; and
            (11) other factors important to the risks associated with 
        the species.
    (c) Consultation.--In promulgating the regulations, the Secretary 
shall consult with States, Indian tribes, other stakeholders, the 
Aquatic Nuisance Species Task Force, and the Invasive Species Council.
    (d) Transparency.--The Secretary shall ensure that the risk 
assessment process established by the regulations is scientifically 
credible and is consistent with sections 4 and 5.
    (e) Deadlines.--The Secretary shall--
            (1) propose regulations under subsection (a) and an initial 
        list 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), an initial list 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 under the regulations by not later 
        than 37 months after the date of the enactment of this Act.
    (f) Animals Imported 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 a species that 
was imported legally, 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.--
            (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.
            (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 law or regulation.
            (3) Revision.--The Secretary may revise the list issued 
        under this subsection.
    (b) Initial List.--
            (1) In general.--The Secretary shall include in the initial 
        list under this section nonnative wildlife species that the 
        Secretary finds--
                    (A) based on the best scientific and commercial 
                data available, are not harmful to the United States' 
                economy, the environment, or human or other animal 
                species' health; or
                    (B) may be harmful in some respects, but already 
                are so widespread in the United States that future 
                import prohibitions or restrictions would have no 
                practical utility.
            (2) Proposals for inclusion in initial 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 the Internet a request 
                for submission, by persons that import or that intend 
                to import nonnative wildlife species, of proposals of 
                nonnative wildlife species to be included in the 
                initial 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 list.
            (3) Public notice and comment.--Before issuing the initial 
        list under this subsection, the Secretary shall--
                    (A) publish in the Federal Register and make 
                available on the Internet the proposed initial list; 
                and
                    (B) provide for, a period of not less than 60 days, 
                an opportunity to submit public comments on the 
                proposed list.
            (4) Deadline.--The Secretary shall publish in the Federal 
        Register and make available on the Internet an initial list 
        under this subsection.
    (c) Proposal for Inclusion on the Approved List.--
            (1) Request for information.--After publication of the list 
        under this section, upon receipt of a proposal for, or 
        proposing, inclusion of a nonnative wildlife species on the 
        list (including a request to import such a species that is not 
        on the list published under this section and section 5, 
        respectively), the Secretary shall provide notice of the 
        proposal and an opportunity to comment to the head of each 
        agency and each interested person with information relevant to 
        the process for assessing the risk established under section 3.
            (2) Determination.--The Secretary shall make one of the 
        following determinations regarding such a proposal in a 
        reasonable period of time and in accordance with the factors to 
        be considered under section 3(b):
                    (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.
            (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--
                    (A) include the nonnative wildlife species on the 
                list of unapproved species under section 5; or
                    (B) request the person who submitted a proposal for 
                which the determination is made to submit additional 
                information, tests, or data needed to make a definitive 
                determination under this section.
    (d) Notice of Determination.--The Secretary shall publish in the 
Federal Register and make available on the Internet or other 
appropriate means, the determinations made with respect to proposals 
considered under this section.

SEC. 5. LIST OF UNAPPROVED SPECIES.

    (a) Requirement To Issue List.--
            (1) In general.--The Secretary shall publish in the Federal 
        Register a list of nonnative wildlife species that are 
        prohibited or restricted from entering the United States.
            (2) Included species.--The list under this subsection shall 
        include--
                    (A) those species listed by Federal regulation as 
                injurious wildlife under section 42 of title 18, United 
                States Code, as of the date of enactment of this Act; 
                and
                    (B) any other species the Secretary has determined 
                under section 4(c) is not approved for importation.
    (b) Petition Process To Add or Remove Species From Unapproved 
List.--
            (1) In general.--Any person may petition the Secretary to 
        add to or remove from the list under this section any nonnative 
        wildlife species, consistent with regulations established under 
        this Act.
            (2) Notice.--The Secretary shall publish notice of the 
        petition and provide an opportunity for public comment.
            (3) Action on petition.--The Secretary shall--
                    (A) determine whether or not to add or remove the 
                nonnative wildlife species from the list, as 
                applicable, pursuant to the petition, within a 
                reasonable time and based on information that is 
                provided by the petition or otherwise readily 
                available;
                    (B) notify the petitioner of such determination; 
                and
                    (C) publish such determination in the Federal 
                Register.
    (c) Emergency Authority and Temporary Prohibition.--
            (1) In general.--If the Secretary determines that an 
        emergency exists because a nonnative wildlife species in the 
        United States poses a serious threat of harm to the United 
        States economy, the environment, or human or animal species' 
        health, the Secretary may temporarily place the nonnative 
        wildlife species on the list of unapproved species.
            (2) Determination.--The Secretary shall publish in the 
        Federal Register and make available to the public through the 
        Internet or other appropriate means a final determination of 
        whether to maintain the nonnative wildlife species on the list 
        of unapproved species, within 180 days after temporarily adding 
        the nonnative wildlife species to such list.

SEC. 6. PROHIBITIONS AND PENALTIES.

    (a) Prohibitions.--No person shall--
            (1) import into the United States any nonnative wildlife 
        species or viable eggs of such species that is not included in 
        the list of approved species issued under section 4, except as 
        authorized by a permit under section 7;
            (2) violate any term or condition of a permit issued under 
        section 7;
            (3) knowingly 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), any 
        descendants of such a species, or viable eggs of such a 
        species;
            (4) knowingly release any nonnative wildlife species 
        imported in violation of paragraph (1), or any viable eggs or 
        descendants of such a species;
            (5) knowingly breed any nonnative wildlife species imported 
        in violation of paragraph (1), or provide any such species to 
        others for breeding purposes; or
            (6) knowingly sell or offer to sell, purchase or offer to 
        purchase, barter or offer to barter for or offer to barter for, 
        release, or breed any nonnative wildlife species referred to in 
        section 3(f).
    (b) Penalties and Enforcement.--Any person who violates subsection 
(a) of this section 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.--Subsection (a) shall not apply to 
any action by law enforcement personnel engaged in enforcement of this 
section.
    (d) Effective Date.--This section shall take effect 37 months after 
the date of the enactment of this Act.

SEC. 7. PERMITS.

    The Secretary may issue a permit authorizing importation otherwise 
prohibited by section 6(a)(1) for educational, scientific research, or 
accredited zoological or aquarium display purposes.

SEC. 8. FEES.

    (a) In General.--The Secretary shall establish and collect a fee to 
recover, to the maximum extent practicable, 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 
        amounts received by the United States as fees under this 
        section.
            (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, possession, sale, purchase, release, or breeding of, 
or bartering for, any nonnative wildlife species, except to the extent 
that State law is inconsistent with this Act.
    (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. 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) Invasive species council.--The term ``Invasive Species 
        Council'' means the Invasive Species Council established by 
        Executive Order 13112 on February 8, 1999 (64 Fed. Reg. 6183).
            (3) 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 introduction by 
        humans.
            (4) Nonnative wildlife species.--The term ``nonnative 
        wildlife species''--
                    (A) except as provided in subparagraph (C), means 
                any species of animal that is not a native species, 
                whether or not raised in captivity;
                    (B) except as provided in subparagraph (C), 
                includes--
                            (i) any such species of mammal, bird, fish, 
                        reptile, amphibian, insect, mollusk and 
                        crustacean, arthropod, coelenterate, or other 
                        invertebrate, and
                            (ii) any egg or offspring thereof; and
                    (C) does not include any species specifically 
                defined or regulated as a plant pest under the Plant 
                Protection Act (7 U.S.C. 7701 et seq.) or as a threat 
                to livestock or poultry under the Animal Health 
                Protection Act (7 U.S.C. 8301 et seq.).
            (5) Secretary.--The term ``Secretary'' means the Secretary 
        of the Interior.
            (6) State.--The term ``State'' means any State of the 
        United States, the District of Columbia, American Samoa, Guam, 
        the Commonwealth of the Northern Mariana Islands, Puerto Rico, 
        and the Virgin Islands.
            (7) United states.--The term ``United States'', when used 
        in a geographic sense, means any State of the United States, 
        the District of Columbia, American Samoa, Guam, the 
        Commonwealth of the Northern Mariana Islands, Puerto Rico, the 
        Virgin Islands, any possession of the United States, and any 
        waters within the jurisdiction of the United States.
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