[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 669 Introduced in House (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.
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