[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[S. 3606 Introduced in Senate (IS)]
112th CONGRESS
2d Session
S. 3606
To establish an improved regulatory process for injurious wildlife to
prevent the introduction and establishment in the United States of
nonnative wildlife and wild animal pathogens and parasites that are
likely to cause harm.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
September 20, 2012
Mrs. Gillibrand introduced the following bill; which was read twice and
referred to the Committee on Environment and Public Works
_______________________________________________________________________
A BILL
To establish an improved regulatory process for injurious wildlife to
prevent the introduction and establishment in the United States of
nonnative wildlife and wild animal pathogens and parasites that are
likely to cause harm.
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 ``Invasive Fish and Wildlife
Prevention Act of 2012''.
SEC. 2. PURPOSE.
The purpose of this Act is to establish an improved regulatory
process for injurious wildlife to prevent the introduction and
establishment in the United States of nonnative wildlife and wild
animal pathogens and parasites that are likely to cause--
(1) economic or environmental harm; or
(2) harm to humans or animal health.
SEC. 3. DEFINITIONS.
In this Act:
(1) Approved wildlife sanctuary.--The term ``approved
wildlife sanctuary'' means a sanctuary that cares for wildlife
species that--
(A)(i) is a corporation that is exempt from
taxation under section 501(a) of the Internal Revenue
Code 1986 and is described in sections 501(c)(3) and
170(b)(1)(A)(vi) of that Code; or
(ii) is an educational entity;
(B) does not commercially trade in animals
regulated under this Act, including offspring, parts,
and byproducts of those animals;
(C) does not propagate animals regulated under this
Act; and
(D) meets any additional criteria that the Service
determines are necessary and consistent with the
purpose of this Act.
(2) 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).
(3) Fund.--The term ``Fund'' means the Injurious Wildlife
Prevention Fund established by section 16(a).
(4) Import.--The term ``import'' means to bring into, or
introduce into, or attempt to bring into, or introduce into,
any place subject to the jurisdiction of the United States,
regardless of whether the bringing into or introduction
constitutes an importation within the meaning of the customs
laws of the United States.
(5) Indian tribe.--The term ``Indian tribe'' has the
meaning given the term in section 4 of the Indian Self-
Determination and Education Assistance Act (25 U.S.C. 450b).
(6) 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).
(7) Native.--The term ``native'', with respect to a
wildlife taxon, means a wildlife taxon that historically
occurred or currently occurs in the United States, other than
as a result of an intentional or unintentional introduction by
humans.
(8) Nonnative wildlife taxon.--
(A) In general.--The term ``nonnative wildlife
taxon'' means any family, genus, species, or subspecies
of live animal that is not native to the United States,
regardless of whether the animal was born or raised in
captivity.
(B) Inclusions.--The term ``nonnative wildlife
taxon'' includes any viable egg, sperm, gamete, or
other reproductive material or offspring of an animal
of a family, genus, species, or subspecies described in
subparagraph (A).
(C) Exclusions.--The term ``nonnative wildlife
taxon'' does not include--
(i) any taxon 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.); or
(ii) any common and clearly domesticated
species or subspecies, including--
(I) cat (Felis catus);
(II) cattle or oxen (Bos taurus);
(III) chicken (Gallus gallus
domesticus);
(IV) common canary (Serinus canaria
domesticus);
(V) dog (Canis lupus familiaris);
(VI) donkey or ass (Equus asinus);
(VII) domesticated members of the
family Anatidae (geese);
(VIII) duck (domesticated Anas
spp.);
(IX) domesticated ferret (Mustela
furo);
(X) gerbil (Meriones unguiculatus);
(XI) goat (Capra aegagrus hircus);
(XII) guinea pig or Cavy (Cavia
porcellus);
(XIII) goldfish (Carassius auratus
auratus);
(XIV) domesticated hamsters
(Cricetulus griseus, Mesocricetus
auratus, Phodopus campbelli, Phodopus
sungorus, and Phodopus roborovskii);
(XV) horse (Equus caballus);
(XVI) llama (Lama glama);
(XVII) mule or hinny (Equus
caballus x E. asinus);
(XVIII) pig or hog (Sus scrofa
domestica);
(XIX) domesticated varieties of
rabbit (Oryctolagus cuniculus);
(XX) sheep (Ovis aries); or
(XXI) any other species or
subspecies that the Service determines
to be common and clearly domesticated.
(9) Person.--The term ``person'' means--
(A) an individual, corporation, partnership, trust,
association, or other private entity;
(B) any officer, employee, agent, department, or
instrumentality of the Federal Government, or of any
tribal 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 Federal United States.
(10) Qualified institution.--The term ``qualified
institution'' means an institution that is determined by the
Service to be--
(A) for scientific, veterinary, or medical research
or education, or a zoo or aquarium accredited by the
Association of Zoos and Aquariums; or
(B) an approved wildlife sanctuary.
(11) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(12) Service.--The term ``Service'' means the United States
Fish and Wildlife Service.
(13) State.--The term ``State'' means--
(A) each of the several States of the United
States;
(B) the District of Columbia;
(C) the Commonwealth of Puerto Rico;
(D) Guam;
(E) American Samoa;
(F) the Commonwealth of the Northern Mariana
Islands;
(G) the Federated States of Micronesia;
(H) the Republic of the Marshall Islands;
(I) the Republic of Palau; and
(J) the United States Virgin Islands.
(14) United states.--The term ``United States'' means--
(A) the States; and
(B) any land and water, including the territorial
sea and the Exclusive Economic Zone, within the
jurisdiction or sovereignty of the Federal Government.
SEC. 4. PROPOSALS FOR REGULATION OF NONNATIVE WILDLIFE TAXA.
(a) Proposals.--Any person or entity, or the Service, at the
discretion of the Service, may propose the regulation of, or revised
regulation of, 1 or more taxa.
(b) Information.--A proposal by a person or agency should include
adequate information to allow the Service to determine whether the
taxon meets the criteria for designation as Injurious I or Injurious II
under section 5(a)(1)(A).
(c) Public and Agency Comment.--Upon receipt of a proposal that the
Service determines to be complete, and for any proposal the Service
elects to prepare, the Service shall publish notice of the proposal in
the Federal Register and provide an opportunity for at least 60 days of
public comment.
(d) Determination.--Not later than 180 days after the date of
publication of a proposal under subsection (c), or as soon thereafter
as is feasible, the Service shall make a determination as to whether
the proposal should be approved or disapproved.
(e) Notice of Determination.--The Service shall--
(1) publish in the Federal Register notice of the
determination made under subsection (d); and
(2) make the basis for the determination available on a
publicly available Federal Internet site.
SEC. 5. SCIENTIFIC RISK ASSESSMENT AND RISK DETERMINATION REGULATIONS.
(a) Assessment and Determination.--
(1) In general.--The Secretary, acting through the Service,
shall promulgate regulations--
(A) to further specify the criteria for regulating
a nonnative wildlife taxon as--
(i) an Injurious I taxon, which shall be a
taxon--
(I) that the Service determines--
(aa) to be injurious to
human beings, the interests of
agriculture, horticulture, or
forestry, or wildlife or
wildlife resources of the
United States; and
(bb) to have a high degree
of potential harm and is a
taxon with which qualified
institutions have not
previously had significant
experience in maintaining
successfully in captivity and
preventing escapes or releases;
and
(II) the importation and
transportation of which in interstate
commerce shall be conducted only
pursuant to a permit issued under
section 12 to a qualified institution;
or
(ii) an Injurious II taxon, which shall be
a taxon--
(I) that the Service determines--
(aa) to be injurious to
human beings, the interests of
agriculture, horticulture, or
forestry, or wildlife or
wildlife resources of the
United States; but
(bb) to have a degree of
potential for harm that is less
than the degree of potential
harm of an Injurious I taxon or
is a taxon with which qualified
institutions have previously
had significant experience in
maintaining successfully in
captivity and preventing
escapes or releases; and
(II) for which no permit is
required if the taxon is--
(aa) imported to a
qualified institution;
(bb) transported in
interstate commerce and
intrastate commerce to and
among qualified institutions;
or
(cc) held by a qualified
institution;
(B) to establish a process for assessing and
analyzing the risks of taxa that may have been, or
foreseeably could be, imported into, or found in
interstate commerce within, the United States; and
(C) that may also provide for cases in which
exceptions or additions to the Injurious I taxon or
Injurious II taxon criteria may be necessary to address
extraordinary risks.
(2) Basis, availability, and review.--The Service shall--
(A) ensure that the risk assessment and risk
determination processes conducted under this section
are based on sound science; and
(B) make the results of each such assessment and
determination available to the public.
(3) Previously listed taxa.--Each wildlife taxon previously
designated by statute or by the Secretary as injurious under
section 42(a) of title 18, United States Code (including under
any regulation promulgated under that authority), shall, after
the effective date of the final regulations promulgated under
this subsection, be promptly designated by the Service as an
Injurious I taxon or Injurious II taxon under this subsection,
based on a determination by the Service of whether the taxon
meets the criteria described in clause (i) or (ii),
respectively, of paragraph (1)(A).
(4) Deadlines.--
(A) Proposed regulations.--Not later than 1 year
after the date of enactment of this Act, the Secretary
shall publish in the Federal Register a proposed
version of the regulations required under this
subsection.
(B) Final regulations.--Not later than 18 months
after the date of enactment of this Act, the Secretary
shall promulgate final regulations required under this
subsection, including a public notification of the
process for submission of a proposal under section
4(a).
(C) Additional requirement of pre-import risk
screening for all taxa novel to the united states.--
(i) In general.--Five years after the date
of enactment of this Act, the Secretary shall
by regulation--
(I) define the phrase ``non-native
wildlife taxa novel to the United
States'' for the purpose of this
section; and
(II) set forth a process to ensure
that all unregulated non-native
wildlife taxa novel to the United
States are thereafter reviewed by the
Service prior to allowance of their
importation to the United States to
determine whether they should be
regulated under any of clause (i) or
(ii) of paragraph (1)(A).
(ii) Avoidance of new incentives.--In
promulgating the regulation under clause (i),
the Secretary shall seek to avoid creating a
new incentive for animal importers to import
novel taxa prior to the effective date of the
regulation.
(iii) New regulation for imports of taxa
novel to the united states.--Not later than 1
year after the date of promulgation of the
regulation under clause (i), the Secretary
shall implement the regulation.
(b) Scientific Risk Assessment.--The regulations promulgated under
subsection (a) shall require consideration, in an initial scientific
risk assessment of a taxon, of at least--
(1) the scientific name and native range of the taxon;
(2) whether the taxon has established or spread, or caused
harm to the economy, the environment, or the health of other
animal species in the United States or in an ecosystem similar
to an ecosystem in the United States;
(3) whether environmental conditions suitable for the
establishment or spread of the taxon exist or will exist in the
United States;
(4) the likelihood of establishment and spread of the
taxon;
(5) whether the taxon will cause harm to human beings, to
the interests of agriculture, horticulture, forestry, or to
wildlife or the wildlife resources of the United States;
(6) whether the taxon will damage land, water, or
facilities of the National Park System or other public land;
(7) the best available scientific risk screening systems or
predictive models that apply to the taxon; and
(8) other factors important to assessing risks, if any,
associated with the taxon, in accordance with the purpose of
this Act.
(c) Risk Determination.--Prior to designating any nonnative
wildlife taxon as an Injurious I taxon or Injurious II taxon under
subsection (a), after conducting a risk assessment, the Service shall
prepare a risk determination that takes into consideration--
(1) the results of the risk assessment; and
(2) at a minimum--
(A) the capabilities and any efforts of States,
local governments, and Indian tribes to address the
risks, if any, identified by the Service with respect
to the taxon, including the results of any risk
assessments conducted for the taxon that are available
to the Service;
(B) the potential for reduction, mitigation,
control, and management of any risks identified; and
(C) whether any risks identified already are
adequately addressed under other applicable law.
(d) Discretionary Analysis.--
(1) In general.--In preparing the risk determination for a
taxon, the Service may consider the economic, social, and
cultural impacts of a decision on whether to regulate the
taxon.
(2) Other requirements.--This section shall satisfy the
requirements of, and apply in lieu of any other requirement to
complete an analysis under, any other law (including a
regulation or Executive order) on economic, social, or cultural
impact.
(e) Notice and Consultation.--In promulgating regulations under
subsection (a), the Service shall notify and consult with, at a
minimum--
(1) affected States, Indian tribes, and other stakeholders;
(2) the Aquatic Nuisance Species Task Force;
(3) the National Invasive Species Council;
(4) the Department of Agriculture;
(5) the Centers for Disease Control and Prevention; and
(6) the National Oceanic and Atmospheric Administration.
SEC. 6. EMERGENCY TEMPORARY DESIGNATION.
(a) In General.--If the Service determines an emergency exists
because an unregulated nonnative wildlife taxon poses an imminent
threat of harm to individuals in or wildlife of the United States, or
the economy or environment of the United States, the Service may
immediately temporarily designate the nonnative wildlife taxon as
Injurious I in accordance with section 5(a)(1)(A)(i).
(b) Notice of Temporary Designation.--The Service shall promptly--
(1) publish in the Federal Register notice of each
temporary designation under this subsection; and
(2) make the basis for the designation available on a
publicly available Federal Internet site and through other
appropriate means.
(c) Determination.--Not later than 1 year after temporarily
designating a nonnative wildlife taxon using the emergency authority
under this section, the Service shall--
(1) make a final determination regarding whether the taxon
should be further regulated under either of clause (i) or (ii)
of section 5(a)(1)(A);
(2) publish notice of that final determination in the
Federal Register; and
(3) make the basis for the determination available on a
publicly available Federal Internet site.
(d) Limitation on Procedures.--The procedures under sections 4 and
5 of this Act and section 553 of title 5, United States Code, shall not
apply to temporary designations under this section.
(e) State Requests.--If the Governor of a State requests a
temporary emergency designation under this section, the Service shall
respond promptly with a written determination on the request.
SEC. 7. INFORMATION ON IMPORTED ANIMALS.
(a) Improved Information.--The Service shall--
(1) not later than 18 months after the date of enactment of
this Act, establish an electronic database that describes,
using scientific names to the species level (or subspecies
level, if applicable), all quantities of imports of all live
wildlife, and the regulatory status of the wildlife, in a form
that permits that information to be rapidly accessed; and
(2) not later than 30 days after the date of importation of
wildlife described in paragraph (1), make the information
described in that paragraph (other than confidential business
information associated with those imports that is protected
under other Federal law) available on a publicly available
Federal Internet site.
(b) Annual Report of Information.--Not later than 3 years after the
date of enactment of this Act, and not later than each April 1
thereafter, the Service shall issue, including on a publicly available
Federal Internet site, a report that includes, at a minimum, a
description of--
(1) all nonnative wildlife imported, using scientific names
of the wildlife to the species or subspecies level, to the
extent known; and
(2) cumulative quantities of imported wildlife and the
regulatory status of the wildlife.
(c) Monitoring Import Information.--In consultation with
inspection, customs, and border officials in the Departments of
Agriculture and Homeland Security, the Service shall regularly--
(1) monitor the identities and quantities of nonnative
wildlife taxa being imported, with particular emphasis on
wildlife newly in the import trade to the United States; and
(2) determine, to the maximum extent practicable, whether
the newly traded taxa would meet the criteria for regulation,
and should be regulated, under any of clause (i) or (ii) of
section 5(a)(1)(A).
SEC. 8. INJURIOUS WILDLIFE DETERMINATIONS.
(a) In General.--Immediately upon the date of enactment of this
Act, the Secretary shall make more rapid determinations on proposals
for regulation of wildlife under section 42 of title 18, United States
Code.
(b) Streamlining of Determinations.--In carrying out subsection (a)
and other provisions of this Act, the Secretary--
(1) shall use the best available scientific risk screening
systems or predictive models that apply to the taxon under
consideration;
(2) shall forego time-consuming optional administrative
steps, unless the Secretary determines the steps to be
essential; and
(3) notwithstanding chapter 6, and section 804, of title 5,
United States Code, may forego economic impact analyses.
SEC. 9. EFFECT ON INJURIOUS WILDLIFE PROVISION.
This Act and the regulations promulgated under this Act shall take
precedence over any conflicting regulation promulgated under section 42
of title 18, United States Code.
SEC. 10. PREVENTION OF WILDLIFE PATHOGENS AND PARASITES.
(a) In General.--The Secretary shall have the primary authority to
prevent, and the primary responsibility for preventing, the importation
of, and interstate commerce in, wildlife pathogens and harmful
parasites.
(b) Regulations.--
(1) In general.--In addition to regulations required under
section 5(a), the Secretary shall promulgate such regulations
as are necessary--
(A) to minimize the likelihood of introduction or
dissemination of any disease or harmful parasite of
native or nonnative wildlife; and
(B) to impose any additional necessary import
restrictions, including management measures, health
certifications, quarantine requirements, specifications
for conveyances, holding water, and associated
materials, shipment and handling requirements, and
other measures that the Secretary determines to be
necessary--
(i) to prevent the importation of, and
interstate commerce in, wildlife pathogens and
harmful parasites; and
(ii) to address--
(I) a particular taxon;
(II) the place of origin of a
particular taxon; and
(III) the conveyance and materials
associated with wildlife transport.
(c) Relationship to Other Authorities.--
(1) In general.--Except as provided in paragraph (2), the
Secretary shall exclude from regulation under this section any
pathogen, parasite, or host taxon that is--
(A) defined or regulated by the Department of
Health and Human Services as a threat to humans under
section 361 of the Public Health Service Act (42 U.S.C.
264);
(B) defined or regulated by the Department of
Agriculture as a threat to livestock or poultry under
the Animal Health Protection Act (7 U.S.C. 8301 et
seq.); or
(C) specifically defined or regulated by the
Department of Agriculture as a plant pest or approved
for biological control purposes under the Plant
Protection Act (7 U.S.C. 7701 et seq.).
(2) Exception.--The Secretary may regulate a pathogen,
parasite, or host taxon described in any of subparagraphs (A)
through (C) of paragraph (1) to the extent that the taxon also
poses a wildlife disease risk.
(d) Coordination.--
(1) In general.--In promulgating regulations under and
otherwise carrying out this section and section 7, the
Secretary shall consult and coordinate with--
(A) other Federal agencies and departments with
authority to regulate taxa;
(B) State wildlife agencies;
(C) State veterinarians; and
(D) other officials with related authorities.
(2) Consultation by secretary of agriculture.--In any case
in which the Secretary of Agriculture participates in the World
Organization for Animal Health, the Secretary of Agriculture
shall confer and consult with the Secretary on any matters
relating to prevention of wildlife diseases that may threaten
the United States.
SEC. 11. PROHIBITIONS.
(a) Prohibitions.--Except as provided in this section or section
12, it shall be unlawful for any person subject to the jurisdiction of
the United States--
(1) to import into the United States any nonnative wildlife
taxon the Service has designated as Injurious I or Injurious II
under section 5(a)(1)(A) or under section 6, or to knowingly
possess such an animal, or the descendant of such an animal,
that was imported in violation of this subsection;
(2) to engage in interstate commerce for any nonnative
wildlife taxon described in paragraph (1), or to knowingly
possess such an animal, or the descendant of an animal, that
was transported in interstate commerce in violation of this
subsection;
(3) to violate any term or condition of a permit issued to
a qualified institution under section 12 for a taxon designated
as Injurious I under clause (i) of section 5(a)(1)(A) or under
section 6;
(4) to release into the wild any nonnative wildlife taxon
described in paragraph (1);
(5) to violate any additional regulation promulgated by the
Secretary as necessary to prevent the importation of, and
interstate commerce in, wildlife pathogens and harmful
parasites under this Act; or
(6) to attempt any of the prohibited actions described in
paragraphs (1) through (5).
(b) Exemption for Interstate Transportation of Animals of Later-
Regulated Taxa.--
(1) In general.--Except as provided in paragraph (2), an
individual animal that was lawfully owned prior to the taxa to
which the animal belongs being regulated by the Service under
this Act as Injurious II may be transported interstate without
a permit by any person for noncommercial purposes only.
(2) Exception.--The exemption under paragraph (1) does not
apply to an animal of any taxa designated by the Service as
Injurious I.
(c) Limitation on Application.--
(1) In general.--The prohibitions in this section 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, State, tribal, or local
officials to prevent the introduction or establishment
of nonnative wildlife, or wildlife pathogens or
parasites, including actions to transport, hold, and
shelter animals of taxa regulated under this Act.
(2) Importation and transportation by federal agencies.--
Nothing in this Act shall restrict the importation or
transportation between any States of nonnative wildlife by a
Federal agency for the use of the Federal agency if the
nonnative wildlife remains in the possession of a Federal
agency.
(d) Effective Date.--This section takes effect on the date that is
30 days after the date of promulgation of the final regulations under
section 5(a).
SEC. 12. PERMITS AND EXEMPTIONS FOR QUALIFIED INSTITUTIONS AND LIVE
ANIMAL TRANSPORTERS.
(a) Permits.--The Service may issue to a qualified institution a
permit authorizing any of the actions otherwise prohibited under
section 11 for any wildlife taxon designated under clause (i) or (ii)
of section 5(a)(1)(A) or under section 6.
(b) Terms and Conditions.--The Service may include in a permit
under subsection (a) terms and conditions to minimize the risk of
introduction or establishment of nonnative wildlife, pathogens, and
parasites in the United States.
(c) Exemption and Reporting.--
(1) In general.--No permit shall be required for any
qualified institution or any live animal transportation company
or other live animal transporter that is in temporary
possession of an animal delivering it to, or transporting it
from, a qualified institution, to import or transport (on an
interstate or intrastate basis), or possess or breed, any taxon
that the Service has designated as an Injurious II taxon under
section 5(a)(1)(A)(ii).
(2) Exclusions.--The exemption described in paragraph (1)
does not include the transfer of ownership of an Injurious II
taxon to any person or entity other than to another qualified
institution.
(3) Record.--Each qualified institution or live animal
transporter that imports, transports (on an interstate or
intrastate basis), possesses, or breeds any taxa designated as
Injurious II shall maintain records, subject to annual
inspection by the Service, at the discretion of the Service,
that summarize the transactions of the qualified institution or
live animal transporter for the covered taxa.
(d) Regulations; List of Qualified Institutions.--The Secretary
shall--
(1) promulgate regulations to implement this section; and
(2) maintain a current roster of designated qualified
institutions on a publicly available Federal Internet site and
through other appropriate means.
SEC. 13. USER FEES.
(a) Definition of Live Wildlife Shipments.--In this section, the
term ``live wildlife shipment'' does not include shipments made by
qualified institutions for scientific, veterinary, or medical research,
education, conservation outreach, or display purposes.
(b) Reasonable Fee.--Not later than 2 years after the date of
enactment of this Act, the Secretary shall propose, and subsequently
adopt, by regulation, a reasonable fee to be charged on imported live
wildlife shipments for use in recovering a portion of the costs of--
(1) improving the information available on the importation
and interstate commerce trade of wildlife;
(2) monitoring that information under section 7;
(3) conducting risk assessments and risk analyses for
nonnative wildlife taxa in that trade under sections 4 and 5;
(4) making emergency designations under section 6; and
(5) preventing wildlife pathogens and parasites under
section 10.
(c) Cost Recovery Purpose.--The purpose of the user fees in this
section shall be to recover approximately 75 percent of the Service's
costs of the services it undertakes listed in subsection (b), after
such date as the user fee regulation under subsection (b) is fully
implemented and the amounts of the fees received have been appropriated
to the Injurious Wildlife Prevention Fund pursuant to section
16(b)(2)(A) for at least one full fiscal year.
(d) Fee Limit.--The amount of the additional fee to be charged on
any live wildlife shipment under this section shall be set by the
Secretary only after fully considering public comments on the proposed
fee regulation and it shall be charged broadly and fairly across the
live wildlife import industry and at the lowest level feasible to
achieve the cost recovery purpose in subsection (c). The fees shall be
set so that the annual total fee revenue shall not exceed the amount of
the annual total fee revenue of the fee charged by the Service under
the inspection program of the Service to oversee the importation of
live wildlife carried out pursuant to--
(1) section 11(f) of the Endangered Species Act of 1973 (16
U.S.C. 1540(f));
(2) subpart I of part 14 of title 50, Code of Federal
Regulations (or successor regulations); and
(3) other applicable authority.
SEC. 14. RELATIONSHIP TO STATE LAW.
(a) Purpose.--The general purpose of this Act is improving Federal
regulation of international importation and interstate commerce in
injurious wildlife taxa. Possession of lawfully obtained injurious
wildlife taxa within a State is intended to be a matter of State law
and not to be Federally regulated or to require a Federal permit under
this Act.
(b) In General.--Except as provided in subsection (c), nothing in
this Act, or in the regulations and determinations to be promulgated or
issued by the Secretary or the Service under this Act, preempts or
otherwise affects the application of any State law that establishes
more stringent requirements for--
(1) the importation, transportation, possession, sale,
purchase, release, breeding of, or bartering for, or any other
transaction involving, any nonnative wildlife taxon; or
(2) the prevention of wildlife pathogens and harmful
parasites.
(c) Limitation on Application of Prohibitions To Prevent Release.--
The Service may limit the application of this Act to facilitate
implementation of any State, local, or tribal program that results in
voluntary surrender of regulated nonnative wildlife, if the Service
determines that the limitation will prevent the release of that
wildlife.
SEC. 15. PENALTIES AND SANCTIONS.
(a) Civil Penalties.--
(1) Civil administrative penalties.--
(A) In general.--Any person who is found by the
Secretary, after notice and opportunity for a hearing
conducted in accordance with section 554 of title 5,
United States Code, to have committed any act
prohibited by section 11 shall be liable to the United
States for a civil penalty in an amount not to exceed
$10,000 for each violation.
(B) Subpoena power.--For the purposes of conducting
any investigation or hearing under this Act, the
Secretary may--
(i) issue subpoenas for the attendance and
testimony of witnesses and the production of
relevant papers, books, and documents; and
(ii) administer oaths.
(2) Civil judicial penalties.--Any person who violates any
provision of this Act, or any regulation promulgated or permit
issued under this Act, shall be subject to a civil penalty in
an amount not to exceed $500 for each such violation.
(b) Criminal Offenses.--Any person who knowingly violates any
provision of this Act, or any regulation promulgated or permit issued
under this Act, shall, upon conviction, be guilty of a class A
misdemeanor.
(c) Natural Resource Damages.--All costs relating to the mitigation
of injury caused by a violation of this Act shall be borne by the
person that violated this Act.
(d) Enforcement.--
(1) Other powers and authorities.--Any person authorized by
the Secretary to enforce this Act shall have the same
authorities as are described in section 6 of the Lacey Act
Amendments of 1981 (16 U.S.C. 3375).
(2) Forfeiture.--
(A) In general.--A person who is determined to have
violated any provision of this Act shall forfeit to the
United States--
(i) any property, real or personal, taken
or retained in connection with or as a result
of the offense; and
(ii) any property, real or personal, used
or intended to be used to commit or to
facilitate the commission of the offense.
(B) Disposal of property.--Upon the forfeiture to
the United States of any property or item described in
clause (i) or (ii) of subparagraph (A), or upon the
abandonment or waiver of any claim to any such property
or item, the property or item shall be disposed of by
the Secretary in a manner consistent with the purpose
of this Act.
(e) Application of Customs Laws.--All powers, rights, and duties
conferred or imposed by the customs laws upon any officer or employee
of the Customs Service may, for the purpose of this Act, be exercised
or performed by the Secretary, or by such officers or employees of the
United States as the Secretary may designate.
SEC. 16. INJURIOUS WILDLIFE PREVENTION FUND.
(a) Establishment.--There is established in the Treasury of the
United States a Fund, to be known as the ``Injurious Wildlife
Prevention Fund'', to be administered by the Secretary, and to be
available without fiscal year limitation and subject to appropriation,
for use in accordance with subsection (c).
(b) Transfers to Fund.--
(1) In general.--The Fund shall consist of such amounts as
are appropriated to the Fund under paragraph (2).
(2) Fees and penalties.--There are appropriated to the
Fund, out of funds of the Treasury not otherwise appropriated,
amounts equivalent to amounts collected--
(A) as user fees and received in the Treasury under
section 13(a);
(B) as civil administrative or judicial penalties
under section 15; and
(C) as a civil penalty for any violation of section
42 of title 18, United States Code (including a
regulation promulgated under that section).
(c) Use of Funds.--
(1) In general.--Of the amounts deposited in the Fund for a
fiscal year--
(A) 75 percent shall be available to the Secretary
for use in carrying out this Act (other than paragraph
(2)); and
(B) 25 percent shall be used by the Secretary to
carry out paragraph (2).
(2) Aid for state wildlife risk assessments.--
(A) In general.--The Secretary shall establish a
program to provide natural resource assistance grants
to States for use in supporting best practices and
capacity-building by States, consistent with the
purpose of this Act, for--
(i) inspecting and monitoring wildlife
imports and interstate commerce; and
(ii) conducting assessments of risk
associated with the intentional importation of
nonnative wildlife taxa.
(B) Administration.--The program under this
paragraph shall be administered by the Service under
the Federal Aid to States program of the Service.
(d) Prohibition.--Amounts in the Fund may not be made available for
any purpose other than a purpose described in subsection (c).
(e) Annual Reports.--
(1) In general.--Not later than 60 days after the end of
each fiscal year beginning with fiscal year 2011, the Secretary
shall submit to the Committee on Appropriations of the House of
Representatives, the Committee on Appropriations of the Senate,
the Committee on Environment and Public Works of the Senate,
and the Committee on Natural Resources of the House of
Representatives a report on the operation of the Fund during
the fiscal year.
(2) Contents.--Each report shall include, for the fiscal
year covered by the report, the following:
(A) A statement of the amounts deposited in the
Fund.
(B) A description of the expenditures made from the
Fund for the fiscal year, including the purpose of the
expenditures.
(C) Recommendations for additional authorities to
fulfill the purpose of the Fund.
(D) A statement of the balance remaining in the
Fund at the end of the fiscal year.
(f) Separate Appropriations Account.--Section 1105(a) of title 31,
United States Code, is amended--
(1) by redesignating paragraphs (35) and (36) as paragraphs
(36) and (37), respectively;
(2) by redesignating the second paragraph (33) (relating to
obligational authority and outlays requested for homeland
security) as paragraph (35); and
(3) by adding at the end the following:
``(38) a separate statement for the Injurious Wildlife
Prevention Fund established by section 16(a) of the Invasive
Wildlife Prevention Act of 2012, which shall include the
estimated amount of deposits in the Fund, obligations, and
outlays from the Fund.''.
SEC. 17. RELATIONSHIP TO OTHER FEDERAL LAWS.
Nothing in this Act--
(1) repeals, supersedes, or modifies any provision of--
(A) the Public Health Service Act (42 U.S.C. 201 et
seq.);
(B) the Federal Food, Drug, and Cosmetic Act (21
U.S.C. 301 et seq.);
(C) the Plant Protection Act (7 U.S.C. 7701 et
seq.); or
(D) the Animal Health Protection Act (7 U.S.C. 8301
et seq.); or
(2) authorizes any action with respect to the importation
of any plant pest, including a biological control agent, under
the Federal Plant Pest Act (7 U.S.C. 150aa et seq.), to the
extent that the importation is subject to regulation under that
Act.
SEC. 18. REQUIREMENT TO PROMULGATE REGULATIONS.
In addition to regulations required under section 5 and other
provisions of this Act, the Secretary shall promulgate such regulations
as are necessary to carry out this Act.
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