II 

113TH CONGRESS 

1ST SESSION S. 1153 

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 

JUNE 12, 2013 

Mrs. GILLIBRAND (for herself, Mr. NELSON, and Mr. LEVIN) 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. 

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 ‘‘Invasive Fish and 

5 Wildlife Prevention Act’’. 


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1 SEC. 2. PURPOSE. 

2 The purpose of this Act is to establish an improved 

3 regulatory process for injurious wildlife to prevent the in4 troduction and establishment in the United States of non5 native wildlife and wild animal pathogens and parasites 

6 that are likely to cause— 

7 (1) economic or environmental harm; or 

8 (2) harm to humans or animal health. 

9 SEC. 3. DEFINITIONS. 

10 In this Act: 

11 (1) APPROVED WILDLIFE SANCTUARY.—The 

12 term ‘‘approved wildlife sanctuary’’ means a sanc13 tuary that cares for wildlife species that— 

14 (A)(i) is a corporation that is exempt from 

15 taxation under section 501(a) of the Internal 

16 Revenue Code 1986 and described in sections 

17 501(c)(3) and 170(b)(1)(A)(vi) of that Code; 

18 (ii) does not commercially trade in animals 

19 regulated under this Act, including offspring, 

20 parts, and byproducts of those animals; and 

21 (iii) does not propagate animals regulated 

22 under this Act; and 

23 (B) meets any additional criteria that the 

24 Service determines are necessary and consistent 

25 with the purpose of this Act. 


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1 (2) AQUATIC NUISANCE SPECIES TASK

2 FORCE.—The term ‘‘Aquatic Nuisance Species Task 

3 Force’’ means the Aquatic Nuisance Species Task 

4 Force established under section 1201 of the Non5 indigenous Aquatic Nuisance Prevention and Control 

6 Act of 1990 (16 U.S.C. 4702). 

7 (3) DIRECTOR.—The term ‘‘Director’’ means 

8 the Director of the United States Fish and Wildlife 

9 Service. 

10 (4) FUND.—The term ‘‘Fund’’ means the Inju11 rious Wildlife Prevention Fund established by sec12 tion 16(a). 

13 (5) IMPORT.—The term ‘‘import’’ means to 

14 bring into, or introduce into, or attempt to bring 

15 into, or introduce into, any place subject to the ju16 risdiction of the United States, regardless of whether 

17 the bringing into or introduction constitutes an im18 portation within the meaning of the customs laws of 

19 the United States. 

20 (6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

21 has the meaning given the term in section 4 of the 

22 Indian Self-Determination and Education Assistance 

23 Act (25 U.S.C. 450b). 

24 (7) NATIONAL INVASIVE SPECIES COUNCIL.— 

25 The term ‘‘National Invasive Species Council’’ 


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1 means the National Invasive Species Council estab2 lished by Executive Order 13112 on February 8, 

3 1999 (64 Fed. Reg. 6183). 

4 (8) NATIVE.—The term ‘‘native’’, with respect 

5 to a wildlife taxon, means a wildlife taxon that his6 torically occurred or currently occurs in the United 

7 States, other than as a result of an intentional or 

8 unintentional introduction by humans. 

9 (9) NONNATIVE WILDLIFE TAXON.— 

10 (A) IN GENERAL.—The term ‘‘nonnative 

11 wildlife taxon’’ means any family, genus, spe12 cies, or subspecies of live animal that is not na13 tive to the United States, regardless of whether 

14 the animal was born or raised in captivity. 

15 (B) INCLUSIONS.—The term ‘‘nonnative 

16 wildlife taxon’’ includes any viable egg, sperm, 

17 gamete, or other reproductive material or off18 spring of an animal of a family, genus, species, 

19 or subspecies described in subparagraph (A). 

20 (C) EXCLUSIONS.—The term ‘‘nonnative 

21 wildlife taxon’’ does not include— 

22 (i) any taxon that is— 

23 (I) specifically defined or regu24 lated as a plant pest or approved for 

25 biological control purposes under the 


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1 Plant Protection Act (7 U.S.C. 7701 

2 et seq.); or 

3 (II) defined or regulated as a 

4 threat to livestock or poultry under 

5 the Animal Health Protection Act (7 

6 U.S.C. 8301 et seq.); or 

7 (ii) any common and clearly domes8 ticated species or subspecies, including— 

9 (I) cat (Felis catus); 

10 (II) cattle or oxen (Bos taurus); 

11 (III) chicken (Gallus gallus 

12 domesticus); 

13 (IV) common canary (Serinus 

14 canaria domesticus); 

15 (V) dog (Canis lupus familiaris); 

16 (VI) donkey or ass (Equus 

17 asinus); 

18 (VII) domesticated members of 

19 the family Anatidae (geese); 

20 (VIII) duck (domesticated Anas 

21 spp.); 

22 (IX) domesticated ferret 

23 (Mustela furo); 

24 (X) gerbil (Meriones 

25 unguiculatus); 


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1 (XI) goat (Capra aegagrus 

2 hircus); 

3 (XII) guinea pig or Cavy (Cavia 

4 porcellus); 

5 (XIII) goldfish (Carassius 

6 auratus auratus); 

7 (XIV) domesticated hamsters 

8 (Cricetulus griseus, Mesocricetus 

9 auratus, Phodopus campbelli, 

10 Phodopus sungorus, and Phodopus 

11 roborovskii); 

12 (XV) horse (Equus caballus); 

13 (XVI) llama (Lama glama); 

14 (XVII) mule or hinny (Equus 

15 caballus x E. asinus); 

16 (XVIII) pig or hog (Sus scrofa 

17 domestica); 

18 (XIX) domesticated varieties of 

19 rabbit (Oryctolagus cuniculus); 

20 (XX) sheep (Ovis aries); or 

21 (XXI) any other species or sub22 species that the Director determines 

23 to be common and clearly domes24 ticated. 

25 (10) PERSON.—The term ‘‘person’’ means— 


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1 (A) an individual, corporation, partnership, 

2 trust, association, or other private entity; 

3 (B) any officer, employee, agent, depart4 ment, or instrumentality of the Federal Govern5 ment, or of any tribal government, or of any 

6 State, municipality, or political subdivision of a 

7 State, or of any foreign government; and 

8 (C) any other entity subject to the jurisdic9 tion of the Federal United States. 

10 (11) QUALIFIED INSTITUTION.—The term 

11 ‘‘qualified institution’’ means an institution that is 

12 determined by the Director to be— 

13 (A) for scientific, veterinary, or medical re14 search or education, or a zoo or aquarium ac15 credited by the Association of Zoos and Aquar16 iums; or 

17 (B) an approved wildlife sanctuary. 

18 (12) SECRETARY.—The term ‘‘Secretary’’ 

19 means the Secretary of the Interior. 

20 (13) STATE.—The term ‘‘State’’ means— 

21 (A) each of the several States of the 

22 United States; 

23 (B) the District of Columbia; 

24 (C) the Commonwealth of Puerto Rico; 

25 (D) Guam; 


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1 (E) American Samoa; 

2 (F) the Commonwealth of the Northern 

3 Mariana Islands; 

4 (G) the Federated States of Micronesia; 

5 (H) the Republic of the Marshall Islands; 

6 (I) the Republic of Palau; and 

7 (J) the United States Virgin Islands. 

8 (14) UNITED STATES.—The term ‘‘United 

9 States’’ means— 

10 (A) the States; and 

11 (B) any land and water, including the ter12 ritorial sea and the Exclusive Economic Zone, 

13 within the jurisdiction or sovereignty of the 

14 Federal Government. 

15 SEC. 4. PROPOSALS FOR REGULATION OF NONNATIVE 

16 WILDLIFE TAXA. 

17 (a) PROPOSALS.—Any person or entity, or the Direc18 tor, at the discretion of the Director, may propose the reg19 ulation of, or revised regulation of, 1 or more taxa. 

20 (b) INFORMATION.—A proposal by a person or agen21 cy should include adequate information to allow the Direc22 tor to determine whether the taxon meets the criteria for 

23 designation as Injurious I or Injurious II under section 

24 5(a)(1)(A). 

25 (c) PUBLIC AND AGENCY COMMENT.— 


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1 (1) IN GENERAL.—Upon receipt of a proposal 

2 that the Director determines to be complete, and for 

3 any proposal the Director elects to prepare, the Di4 rector shall publish notice of the proposal in the 

5 Federal Register and provide an opportunity for at 

6 least 60 days of public comment. 

7 (2) REGULATIONS FOR COMPLETE PRO8 POSALS.—Not later than 180 days after the date of 

9 enactment of this Act, the Secretary, acting through 

10 the Director, shall promulgate regulations on the cri11 teria for complete proposals. 

12 (d) DETERMINATION.—Not later than 180 days after 

13 the date of publication of a proposal under subsection (c), 

14 or as soon thereafter as is feasible, the Director shall make 

15 a determination as to whether the proposal should be ap16 proved or disapproved. 

17 (e) NOTICE OF DETERMINATION.—The Director 

18 shall— 

19 (1) publish in the Federal Register notice of the 

20 determination made under subsection (d); and 

21 (2) make the basis for the determination avail22 able on a publicly available Federal Internet site. 

23 SEC. 5. SCIENTIFIC RISK ASSESSMENT AND RISK DETER24 MINATION REGULATIONS. 

25 (a) ASSESSMENT AND DETERMINATION.— 


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1 (1) IN GENERAL.—The Secretary, acting 

2 through the Director, shall promulgate regulations— 

3 (A) to further specify the criteria for regu4 lating a nonnative wildlife taxon as— 

5 (i) an Injurious I taxon, which shall 

6 be a taxon— 

7 (I) that the Director deter8 mines— 

9 (aa) to be injurious to 

10 human beings, the interests of 

11 agriculture, horticulture, or for12 estry, or wildlife or wildlife re13 sources of the United States; and 

14 (bb) to have a high degree 

15 of potential harm and is a taxon 

16 with which qualified institutions 

17 have not previously had signifi18 cant experience in maintaining 

19 successfully in captivity and pre20 venting escapes or releases; and 

21 (II) except as provided in section 

22 12, the importation and transpor23 tation of which in interstate commerce 

24 shall be conducted only pursuant to a 


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1 permit issued under section 12 to a 

2 qualified institution; or 

3 (ii) an Injurious II taxon, which shall 

4 be a taxon— 

5 (I) that the Director deter6 mines— 

7 (aa) to be injurious to 

8 human beings, the interests of 

9 agriculture, horticulture, or for10 estry, or wildlife or wildlife re11 sources of the United States; but 

12 (bb) to have a degree of po13 tential for harm that is less than 

14 the degree of potential harm of 

15 an Injurious I taxon or is a taxon 

16 with which qualified institutions 

17 have previously had significant 

18 experience in maintaining suc19 cessfully in captivity and pre20 venting escapes or releases; and 

21 (II) for which no permit is re22 quired if the taxon is— 

23 (aa) imported to a qualified 

24 institution; 


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1 (bb) transported in inter2 state commerce and intrastate 

3 commerce to and among qualified 

4 institutions; or 

5 (cc) held by a qualified insti6 tution; 

7 (B) to establish a process for assessing and 

8 analyzing the risks of taxa that may have been, 

9 or foreseeably could be, imported into, or found 

10 in interstate commerce within, the United 

11 States; and 

12 (C) that may also provide for cases in 

13 which exceptions or additions to the Injurious I 

14 taxon or Injurious II taxon criteria may be nec15 essary to address extraordinary risks. 

16 (2) BASIS, AVAILABILITY, AND REVIEW.—The 

17 Director shall— 

18 (A) ensure that the risk assessment and 

19 risk determination processes conducted under 

20 this section are based on sound science; and 

21 (B) make the results of each such assess22 ment and determination available to the public. 

23 (3) PREVIOUSLY LISTED TAXA.—Each wildlife 

24 taxon previously designated by statute or by the Sec25 retary as injurious under section 42(a) of title 18, 


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1 United States Code (including under any regulation 

2 promulgated under that authority), shall, after the 

3 effective date of the final regulations promulgated 

4 under this subsection, be promptly designated by the 

5 Director as an Injurious I taxon or Injurious II 

6 taxon under this subsection, based on a determina7 tion by the Director of whether the taxon meets the 

8 criteria described in clause (i) or (ii), respectively, of 

9 paragraph (1)(A). 

10 (4) DEADLINES.— 

11 (A) PROPOSED REGULATIONS.—Not later 

12 than 1 year after the date of enactment of this 

13 Act, the Secretary shall publish in the Federal 

14 Register a proposed version of the regulations 

15 required under this subsection. 

16 (B) FINAL REGULATIONS.—Not later than 

17 18 months after the date of enactment of this 

18 Act, the Secretary shall promulgate final regu19 lations required under this subsection, including 

20 a public notification of the process for submis21 sion of a proposal under section 4(a). 

22 (C) ADDITIONAL REQUIREMENT OF PRE23 IMPORT RISK SCREENING FOR ALL TAXA NOVEL

24 TO THE UNITED STATES.— 


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1 (i) IN GENERAL.—Not later than 3 

2 years after the date of enactment of this 

3 Act, the Secretary shall by regulation— 

4 (I) define the phrase ‘‘non-native 

5 wildlife taxa novel to the United 

6 States’’ for the purpose of this sec7 tion; and 

8 (II) set forth a process to ensure 

9 that all unregulated non-native wild10 life taxa novel to the United States 

11 are thereafter reviewed by the Direc12 tor prior to allowance of their impor13 tation to the United States to deter14 mine whether they should be regu15 lated under any of clause (i) or (ii) of 

16 paragraph (1)(A). 

17 (ii) AVOIDANCE OF NEW INCEN18 TIVES.—In promulgating the regulation 

19 under clause (i), the Secretary shall seek 

20 to avoid creating a new incentive for ani21 mal importers to import novel taxa prior to 

22 the effective date of the regulation. 

23 (iii) NEW REGULATION FOR IMPORTS

24 OF TAXA NOVEL TO THE UNITED

25 STATES.—Not later than 1 year after the 


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1 date of promulgation of the regulation 

2 under clause (i), the Secretary shall imple3 ment the regulation. 

4 (b) SCIENTIFIC RISK ASSESSMENT.—The regulations 

5 promulgated under subsection (a) shall require consider6 ation, in an initial scientific risk assessment of a taxon, 

7 of at least— 

8 (1) the scientific name and native range of the 

9 taxon; 

10 (2) whether the taxon has established or 

11 spread, or caused harm to the economy, the environ12 ment, or the health of other animal species in the 

13 United States or in an ecosystem similar to an eco14 system in the United States; 

15 (3) whether environmental conditions suitable 

16 for the establishment or spread of the taxon exist or 

17 will exist in the United States; 

18 (4) the likelihood of establishment and spread 

19 of the taxon; 

20 (5) whether the taxon will cause harm to 

21 human beings, to the interests of agriculture, horti22 culture, forestry, or to wildlife or the wildlife re23 sources of the United States; 


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1 (6) whether the taxon will damage land, water, 

2 or facilities of the National Park System or other 

3 public land; 

4 (7) the best available scientific risk screening 

5 systems or predictive models that apply to the taxon; 

6 and 

7 (8) other factors important to assessing risks, if 

8 any, associated with the taxon, in accordance with 

9 the purpose of this Act. 

10 (c) RISK DETERMINATION.—Prior to designating any 

11 nonnative wildlife taxon as an Injurious I taxon or Inju12 rious II taxon under subsection (a), after conducting a 

13 risk assessment, the Director shall prepare a risk deter14 mination that takes into consideration— 

15 (1) the results of the risk assessment; and 

16 (2) at a minimum— 

17 (A) the capabilities and any efforts of 

18 States, local governments, and Indian tribes to 

19 address the risks, if any, identified by the Di20 rector with respect to the taxon, including the 

21 results of any risk assessments conducted for 

22 the taxon that are available to the Director; 

23 (B) the potential for reduction, mitigation, 

24 control, and management of any risks identi25 fied; and 


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1 (C) whether any risks identified already 

2 are adequately addressed under other applicable 

3 law. 

4 (d) DISCRETIONARY ANALYSIS.— 

5 (1) IN GENERAL.—In preparing the risk deter6 mination for a taxon, the Director may consider the 

7 economic, social, and cultural impacts of a decision 

8 on whether to regulate the taxon. 

9 (2) OTHER REQUIREMENTS.—This section shall 

10 satisfy the requirements of, and apply in lieu of any 

11 other requirement to complete an analysis under, 

12 any other law (including a regulation or Executive 

13 order) on economic, social, or cultural impact. 

14 (e) NOTICE AND CONSULTATION.—In promulgating 

15 regulations under subsection (a), the Director shall notify 

16 and consult with, at a minimum— 

17 (1) affected States, Indian tribes, qualified in18 stitutions, and other stakeholders; 

19 (2) the Aquatic Nuisance Species Task Force; 

20 (3) the National Invasive Species Council; 

21 (4) the Department of Agriculture; 

22 (5) the Centers for Disease Control and Preven23 tion; and 

24 (6) the National Oceanic and Atmospheric Ad25 ministration. 


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1 SEC. 6. EMERGENCY TEMPORARY DESIGNATION. 

2 (a) IN GENERAL.—If the Director determines an 

3 emergency exists because an unregulated nonnative wild4 life taxon poses an imminent threat of harm to individuals 

5 in or wildlife of the United States, or the economy or envi6 ronment of the United States, the Director may imme7 diately temporarily designate the nonnative wildlife taxon 

8 as Injurious I in accordance with section 5(a)(1)(A)(i). 

9 (b) NOTICE OF TEMPORARY DESIGNATION.—The Di10 rector shall promptly— 

11 (1) publish in the Federal Register notice of 

12 each temporary designation under this subsection; 

13 and 

14 (2) make the basis for the designation available 

15 on a publicly available Federal Internet site and 

16 through other appropriate means. 

17 (c) DETERMINATION.—Not later than 1 year after 

18 temporarily designating a nonnative wildlife taxon using 

19 the emergency authority under this section, the Director 

20 shall— 

21 (1) make a final determination regarding 

22 whether the taxon should be further regulated under 

23 either of clause (i) or (ii) of section 5(a)(1)(A); 

24 (2) publish notice of that final determination in 

25 the Federal Register; and 


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1 (3) make the basis for the determination avail2 able on a publicly available Federal Internet site. 

3 (d) LIMITATION ON PROCEDURES.—The procedures 

4 under sections 4 and 5 of this Act and section 553 of title 

5 5, United States Code, shall not apply to temporary des6 ignations under this section. 

7 (e) STATE REQUESTS.—If the Governor of a State 

8 requests a temporary emergency designation under this 

9 section, the Director shall respond promptly with a written 

10 determination on the request. 

11 SEC. 7. INFORMATION ON IMPORTED ANIMALS. 

12 (a) IMPROVED INFORMATION.—The Director shall— 

13 (1) not later than 18 months after the date of 

14 enactment of this Act, establish an electronic data15 base that describes, using scientific names to the 

16 species level (or subspecies level, if applicable), all 

17 quantities of imports of all live wildlife, and the reg18 ulatory status of the wildlife, in a form that permits 

19 that information to be rapidly accessed; and 

20 (2) not later than 30 days after the date of im21 portation of wildlife described in paragraph (1), 

22 make the information described in that paragraph 

23 (other than confidential business information associ24 ated with those imports that is protected under 


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1 other Federal law) available on a publicly available 

2 Federal Internet site. 

3 (b) ANNUAL REPORT OF INFORMATION.—Not later 

4 than 3 years after the date of enactment of this Act, and 

5 not later than each April 1 thereafter, the Director shall 

6 issue, including on a publicly available Federal Internet 

7 site, a report that includes, at a minimum, a description 

8 of— 

9 (1) all nonnative wildlife imported, using sci10 entific names of the wildlife to the species or sub11 species level, to the extent known; and 

12 (2) cumulative quantities of imported wildlife 

13 and the regulatory status of the wildlife. 

14 (c) MONITORING IMPORT INFORMATION.—In con15 sultation with inspection, customs, and border officials in 

16 the Departments of Agriculture and Homeland Security, 

17 the Director shall regularly— 

18 (1) monitor the identities and quantities of non19 native wildlife taxa being imported, with particular 

20 emphasis on wildlife newly in the import trade to the 

21 United States; and 

22 (2) determine, to the maximum extent prac23 ticable, whether the newly traded taxa would meet 

24 the criteria for regulation, and should be regulated, 

25 under any of clause (i) or (ii) of section 5(a)(1)(A). 


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1 SEC. 8. INJURIOUS WILDLIFE DETERMINATIONS. 

2 (a) IN GENERAL.—Immediately upon the date of en3 actment of this Act, the Secretary shall make more rapid 

4 determinations on proposals for regulation of wildlife 

5 under section 42 of title 18, United States Code. 

6 (b) STREAMLINING OF DETERMINATIONS.—In car7 rying out subsection (a) and other provisions of this Act, 

8 the Secretary— 

9 (1) shall use the best available scientific risk 

10 screening systems or predictive models that apply to 

11 the taxon under consideration; 

12 (2) shall forego time-consuming optional admin13 istrative steps, unless the Secretary determines the 

14 steps to be essential; and 

15 (3) notwithstanding chapter 6, and section 804, 

16 of title 5, United States Code, may forego economic 

17 impact analyses. 

18 SEC. 9. EFFECT ON INJURIOUS WILDLIFE PROVISION. 

19 This Act and the regulations promulgated under this 

20 Act shall take precedence over any conflicting regulation 

21 promulgated under section 42 of title 18, United States 

22 Code. 

23 SEC. 10. PREVENTION OF WILDLIFE PATHOGENS AND 

24 PARASITES. 

25 (a) IN GENERAL.—The Secretary shall have the pri26 mary authority to prevent, and the primary responsibility 


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1 for preventing, the importation of, and interstate com2 merce in, wildlife pathogens and harmful parasites. 

3 (b) REGULATIONS.— 

4 (1) IN GENERAL.—In addition to regulations 

5 required under section 5(a), the Secretary shall pro6 mulgate such regulations as are necessary— 

7 (A) to minimize the likelihood of introduc8 tion or dissemination of any disease or harmful 

9 parasite of native or nonnative wildlife; and 

10 (B) to impose any additional necessary im11 port restrictions, including management meas12 ures, health certifications, quarantine require13 ments, specifications for conveyances, holding 

14 water, and associated materials, shipment and 

15 handling requirements, and other measures that 

16 the Secretary determines to be necessary— 

17 (i) to prevent the importation of, and 

18 interstate commerce in, wildlife pathogens 

19 and harmful parasites; and 

20 (ii) to address— 

21 (I) a particular taxon; 

22 (II) the place of origin of a par23 ticular taxon; and 


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1 (III) the conveyance and mate2 rials associated with wildlife trans3 port. 

4 (c) RELATIONSHIP TO OTHER AUTHORITIES.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), the Secretary shall exclude from regula7 tion under this section any pathogen, parasite, or 

8 host taxon that is— 

9 (A) defined or regulated by the Depart10 ment of Health and Human Services as a 

11 threat to humans under section 361 of the Pub12 lic Health Service Act (42 U.S.C. 264); 

13 (B) defined or regulated by the Depart14 ment of Agriculture as a threat to livestock or 

15 poultry under the Animal Health Protection Act 

16 (7 U.S.C. 8301 et seq.); or 

17 (C) specifically defined or regulated by the 

18 Department of Agriculture as a plant pest or 

19 approved for biological control purposes under 

20 the Plant Protection Act (7 U.S.C. 7701 et 

21 seq.). 

22 (2) EXCEPTION.—The Secretary may regulate a 

23 pathogen, parasite, or host taxon described in any of 

24 subparagraphs (A) through (C) of paragraph (1) to 


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1 the extent that the taxon also poses a wildlife dis2 ease risk. 

3 (d) COORDINATION.— 

4 (1) IN GENERAL.—In promulgating regulations 

5 under and otherwise carrying out this section and 

6 section 7, the Secretary shall consult and coordinate 

7 with— 

8 (A) other Federal agencies and depart9 ments with authority to regulate taxa; 

10 (B) State wildlife agencies; 

11 (C) State veterinarians; and 

12 (D) other officials with related authorities. 

13 (2) CONSULTATION BY SECRETARY OF AGRI14 CULTURE.—In any case in which the Secretary of 

15 Agriculture participates in the World Organization 

16 for Animal Health, the Secretary of Agriculture 

17 shall confer and consult with the Secretary on any 

18 matters relating to prevention of wildlife diseases 

19 that may threaten the United States. 

20 SEC. 11. PROHIBITIONS. 

21 (a) PROHIBITIONS.—Except as provided in this sec22 tion or section 12, it shall be unlawful for any person sub23 ject to the jurisdiction of the United States— 

24 (1) to import into the United States any non25 native wildlife taxon the Director has designated as 


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1 Injurious I or Injurious II under section 5(a)(1)(A) 

2 or under section 6, or to knowingly possess such an 

3 animal, or the descendant of such an animal, that 

4 was imported in violation of this subsection; 

5 (2) to engage in interstate commerce for any 

6 nonnative wildlife taxon described in paragraph (1), 

7 or to knowingly possess such an animal, or the de8 scendant of an animal, that was transported in 

9 interstate commerce in violation of this subsection; 

10 (3) to violate any term or condition of a permit 

11 issued to a qualified institution under section 12 for 

12 a taxon designated as Injurious I under clause (i) of 

13 section 5(a)(1)(A) or under section 6; 

14 (4) to release into the wild any nonnative wild15 life taxon described in paragraph (1); 

16 (5) to violate any additional regulation promul17 gated by the Secretary as necessary to prevent the 

18 importation of, and interstate commerce in, wildlife 

19 pathogens and harmful parasites under this Act; or 

20 (6) to attempt any of the prohibited actions de21 scribed in paragraphs (1) through (5). 

22 (b) EXEMPTION FOR INTERSTATE TRANSPORTATION

23 OF ANIMALS OF LATER-REGULATED TAXA.— 

24 (1) IN GENERAL.—Except as provided in para25 graph (2), an individual animal that was lawfully 


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1 owned prior to the taxa to which the animal belongs 

2 being regulated by the Director under this Act as 

3 Injurious II may be transported interstate without a 

4 permit by any person for noncommercial purposes 

5 only. 

6 (2) EXCEPTION.—The exemption under para7 graph (1) does not apply to an animal of any taxa 

8 designated by the Director as Injurious I. 

9 (c) LIMITATION ON APPLICATION.— 

10 (1) IN GENERAL.—The prohibitions in this sec11 tion shall not apply to— 

12 (A) any action by Federal, State, tribal, or 

13 local law enforcement personnel to enforce this 

14 section; and 

15 (B) any action by Federal, State, tribal, or 

16 local officials to prevent the introduction or es17 tablishment of nonnative wildlife, or wildlife 

18 pathogens or parasites, including actions to 

19 transport, hold, and shelter animals of taxa reg20 ulated under this Act. 

21 (2) IMPORTATION AND TRANSPORTATION BY

22 FEDERAL AGENCIES.—Nothing in this Act shall re23 strict the importation or transportation between any 

24 States of nonnative wildlife by a Federal agency for 


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1 the use of the Federal agency if the nonnative wild2 life remains in the possession of a Federal agency. 

3 (d) EFFECTIVE DATE.—This section takes effect on 

4 the date that is 30 days after the date of promulgation 

5 of the final regulations under section 5(a). 

6 SEC. 12. PERMITS AND EXEMPTIONS FOR QUALIFIED INSTI7 TUTIONS AND LIVE ANIMAL TRANSPORTERS. 

8 (a) PERMITS.—The Director may issue to a qualified 

9 institution a permit under this Act authorizing any of the 

10 actions otherwise prohibited under section 11 for any wild11 life taxon designated under clause (i) or (ii) of section 

12 5(a)(1)(A) or under section 6. 

13 (b) TERMS AND CONDITIONS.—The Director may in14 clude in a permit under subsection (a) terms and condi15 tions to minimize the risk of introduction or establishment 

16 of nonnative wildlife, pathogens, and parasites in the 

17 United States. 

18 (c) EXEMPTION AND REPORTING.— 

19 (1) IN GENERAL.—No permit under this Act 

20 shall be required for any qualified institution or any 

21 live animal transportation company or other live ani22 mal transporter that is in temporary possession of 

23 an animal delivering it to, or transporting it from, 

24 a qualified institution, to import or transport (on an 

25 interstate or intrastate basis), or possess or breed, 


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1 any taxon that the Director has designated as an In2 jurious II taxon under section 5(a)(1)(A)(ii). 

3 (2) DISPLAY EXEMPTION.—No permit under 

4 this Act shall be required for the import, interstate 

5 or intrastate transportation, possession, or breeding 

6 of an Injurious I taxon by a qualified zoo or aquar7 ium institution. 

8 (3) EXCLUSIONS.—The exemptions described in 

9 paragraphs (1) and (2) do not include the transfer 

10 of ownership of an Injurious I taxon or the transfer 

11 of ownership of an Injurious II taxon to any person 

12 or entity other than to another qualified institution. 

13 (4) RECORD.—Each qualified institution or live 

14 animal transporter that imports, transports (on an 

15 interstate or intrastate basis), possesses, or breeds 

16 any taxa designated as Injurious I or II shall main17 tain records, subject to annual inspection by the Di18 rector, at the discretion of the Director, that sum19 marize the transactions of the qualified institution 

20 or live animal transporter for the covered taxa. 

21 (d) REGULATIONS; LIST OF QUALIFIED INSTITU22 TIONS.—The Secretary shall— 

23 (1) promulgate regulations to implement this 

24 section; and 


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1 (2) maintain a current roster of designated 

2 qualified institutions on a publicly available Federal 

3 Internet site and through other appropriate means. 

4 (e) REPORT.—Not later than March 1 of each year, 

5 a qualified zoo or aquarium shall submit to the Director 

6 a report on the imports, interstate or intrastate transpor7 tation, possession, or breeding of any Injurious I taxon 

8 by the qualified zoo or aquarium for the preceding cal9 endar year. 

10 SEC. 13. USER FEES. 

11 (a) DEFINITION OF LIVE WILDLIFE SHIPMENTS.— 

12 In this section, the term ‘‘live wildlife shipment’’ does not 

13 include shipments made by qualified institutions for sci14 entific, veterinary, or medical research, medical research, 

15 education, conservation outreach, or display purposes. 

16 (b) REASONABLE FEE.—Not later than 2 years after 

17 the date of enactment of this Act, the Secretary shall pro18 pose, and subsequently adopt, by regulation, a reasonable 

19 fee to be charged on imported live wildlife shipments for 

20 use in recovering a portion of the costs of— 

21 (1) improving the information available on the 

22 importation and interstate commerce trade of wild23 life; 

24 (2) monitoring that information under section 

25 7; 


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1 (3) conducting risk assessments and risk anal2 yses for nonnative wildlife taxa in that trade under 

3 sections 4 and 5; 

4 (4) making emergency designations under sec5 tion 6; and 

6 (5) preventing wildlife pathogens and parasites 

7 under section 10. 

8 (c) COST RECOVERY PURPOSE.—The purpose of the 

9 user fees in this section shall be to recover approximately 

10 75 percent of the costs to the Director for the services 

11 listed in subsection (b), after such date as the user fee 

12 regulation under subsection (b) is fully implemented and 

13 the amounts of the fees received have been appropriated 

14 to the Injurious Wildlife Prevention Fund pursuant to sec15 tion 16(b)(2)(A) for at least one full fiscal year. 

16 (d) FEE LIMIT.— 

17 (1) IN GENERAL.—The amount of the addi18 tional fee to be charged on any live wildlife shipment 

19 under this section shall be set by the Secretary only 

20 after fully considering public comments on the pro21 posed fee regulation and it shall be charged broadly 

22 and fairly across the live wildlife import industry 

23 and at the lowest level feasible to achieve the cost 

24 recovery purpose in subsection (c). 


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1 (2) ANNUAL TOTAL FEE REVENUE.—The fees 

2 shall be set so that the annual total fee revenue shall 

3 not exceed the amount of the annual total fee rev4 enue of the fee charged by the Director under the 

5 inspection program of the Director to oversee the 

6 importation of live wildlife carried out pursuant to— 

7 (A) section 11(f) of the Endangered Spe8 cies Act of 1973 (16 U.S.C. 1540(f)); 

9 (B) subpart I of part 14 of title 50, Code 

10 of Federal Regulations (or successor regula11 tions); and 

12 (C) other applicable authority. 

13 SEC. 14. RELATIONSHIP TO STATE LAW. 

14 (a) POSSESSION OF LAWFULLY OBTAINED INJU15 RIOUS WILDLIFE TAXA.—For purposes of this Act, pos16 session of lawfully obtained injurious wildlife taxa within 

17 a State shall— 

18 (1) be a matter of State law; and 

19 (2)(A) not be federally regulated; or 

20 (B) not require a Federal permit under this 

21 Act. 

22 (b) REGULATIONS AND DETERMINATIONS.—Except 

23 as provided in subsection (c), nothing in this Act, or in 

24 the regulations and determinations to be promulgated or 

25 issued by the Secretary or the Director under this Act, 


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1 preempts or otherwise affects the application of any State 

2 law that establishes more stringent requirements for— 

3 (1) the importation, transportation, possession, 

4 sale, purchase, release, breeding of, or bartering for, 

5 or any other transaction involving, any nonnative 

6 wildlife taxon; or 

7 (2) the prevention of wildlife pathogens and 

8 harmful parasites. 

9 (c) LIMITATION ON APPLICATION OF PROHIBITIONS

10 TO PREVENT RELEASE.—The Director may limit the ap11 plication of this Act to facilitate implementation of any 

12 State, local, or tribal program that results in voluntary 

13 surrender of regulated nonnative wildlife, if the Director 

14 determines that the limitation will prevent the release of 

15 that wildlife. 

16 SEC. 15. PENALTIES AND SANCTIONS. 

17 (a) CIVIL PENALTIES.— 

18 (1) CIVIL ADMINISTRATIVE PENALTIES.— 

19 (A) IN GENERAL.—Any person who is 

20 found by the Secretary, after notice and oppor21 tunity for a hearing conducted in accordance 

22 with section 554 of title 5, United States Code, 

23 to have committed any act prohibited by section 

24 11 shall be liable to the United States for a 


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1 civil penalty in an amount not to exceed 

2 $10,000 for each violation. 

3 (B) SUBPOENA POWER.—For the purposes 

4 of conducting any investigation or hearing 

5 under this Act, the Secretary may— 

6 (i) issue subpoenas for the attendance 

7 and testimony of witnesses and the produc8 tion of relevant papers, books, and docu9 ments; and 

10 (ii) administer oaths. 

11 (2) CIVIL JUDICIAL PENALTIES.—Any person 

12 who violates any provision of this Act, or any regula13 tion promulgated or permit issued under this Act, 

14 shall be subject to a civil penalty in an amount not 

15 to exceed $500 for each such violation. 

16 (b) CRIMINAL OFFENSES.—Any person who know17 ingly violates any provision of this Act, or any regulation 

18 promulgated or permit issued under this Act, shall, upon 

19 conviction, be guilty of a class A misdemeanor. 

20 (c) NATURAL RESOURCE DAMAGES.—All costs relat21 ing to the mitigation of injury caused by a violation of 

22 this Act shall be borne by the person that violated this 

23 Act. 

24 (d) ENFORCEMENT.— 


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1 (1) OTHER POWERS AND AUTHORITIES.—Any 

2 person authorized by the Secretary to enforce this 

3 Act shall have the same authorities as are described 

4 in section 6 of the Lacey Act Amendments of 1981 

5 (16 U.S.C. 3375). 

6 (2) FORFEITURE.— 

7 (A) IN GENERAL.—A person who is deter8 mined to have violated any provision of this Act 

9 shall forfeit to the United States— 

10 (i) any property, real or personal, 

11 taken or retained in connection with or as 

12 a result of the offense; and 

13 (ii) any property, real or personal, 

14 used or intended to be used to commit or 

15 to facilitate the commission of the offense. 

16 (B) DISPOSAL OF PROPERTY.—Upon the 

17 forfeiture to the United States of any property 

18 or item described in clause (i) or (ii) of sub19 paragraph (A), or upon the abandonment or 

20 waiver of any claim to any such property or 

21 item, the property or item shall be disposed of 

22 by the Secretary in a manner consistent with 

23 the purpose of this Act. 

24 (e) APPLICATION OF CUSTOMS LAWS.—All powers, 

25 rights, and duties conferred or imposed by the customs 


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1 laws upon any officer or employee of the Customs Service 

2 may, for the purpose of this Act, be exercised or performed 

3 by the Secretary, or by such officers or employees of the 

4 United States as the Secretary may designate. 

5 SEC. 16. INJURIOUS WILDLIFE PREVENTION FUND. 

6 (a) ESTABLISHMENT.—There is established in the 

7 Treasury of the United States a Fund, to be known as 

8 the ‘‘Injurious Wildlife Prevention Fund’’, to be adminis9 tered by the Secretary, and to be available without fiscal 

10 year limitation and subject to appropriation, for use in ac11 cordance with subsection (c). 

12 (b) TRANSFERS TO FUND.— 

13 (1) IN GENERAL.—The Fund shall consist of 

14 such amounts as are appropriated to the Fund 

15 under paragraph (2). 

16 (2) FEES AND PENALTIES.—There are appro17 priated to the Fund, out of funds of the Treasury 

18 not otherwise appropriated, amounts equivalent to 

19 amounts collected— 

20 (A) as user fees and received in the Treas21 ury under section 13(a); 

22 (B) as civil administrative or judicial pen23 alties under section 15; and 

24 (C) as a civil penalty for any violation of 

25 section 42 of title 18, United States Code (inVerDate Mar 15 2010 01:43 Jun 18, 2013 Jkt 029200 PO 00000 Frm 00035 Fmt 6652 Sfmt 6201 E:\BILLS\S1153.IS S1153

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1 cluding a regulation promulgated under that 

2 section). 

3 (c) USE OF FUNDS.— 

4 (1) IN GENERAL.—Of the amounts deposited in 

5 the Fund for a fiscal year— 

6 (A) 75 percent shall be available to the 

7 Secretary for use in carrying out this Act (other 

8 than paragraph (2)); and 

9 (B) 25 percent shall be used by the Sec10 retary to carry out paragraph (2). 

11 (2) AID FOR STATE WILDLIFE RISK ASSESS12 MENTS.— 

13 (A) IN GENERAL.—The Secretary shall es14 tablish a program to provide natural resource 

15 assistance grants to States for use in sup16 porting best practices and capacity-building by 

17 States, consistent with the purpose of this Act, 

18 for— 

19 (i) inspecting and monitoring wildlife 

20 imports and interstate commerce; and 

21 (ii) conducting assessments of risk as22 sociated with the intentional importation of 

23 nonnative wildlife taxa. 

24 (B) ADMINISTRATION.—The program 

25 under this paragraph shall be administered by 


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1 the Director under the Federal Aid to States 

2 program of the Director. 

3 (d) PROHIBITION.—Amounts in the Fund may not 

4 be made available for any purpose other than a purpose 

5 described in subsection (c). 

6 (e) ANNUAL REPORTS.— 

7 (1) IN GENERAL.—Not later than 60 days after 

8 the end of each fiscal year beginning with fiscal year 

9 2014, the Secretary shall submit to the Committee 

10 on Appropriations of the House of Representatives, 

11 the Committee on Appropriations of the Senate, the 

12 Committee on Environment and Public Works of the 

13 Senate, and the Committee on Natural Resources of 

14 the House of Representatives a report on the oper15 ation of the Fund during the fiscal year. 

16 (2) CONTENTS.—Each report shall include, for 

17 the fiscal year covered by the report, the following: 

18 (A) A statement of the amounts deposited 

19 in the Fund. 

20 (B) A description of the expenditures made 

21 from the Fund for the fiscal year, including the 

22 purpose of the expenditures. 

23 (C) Recommendations for additional au24 thorities to fulfill the purpose of the Fund. 


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1 (D) A statement of the balance remaining 

2 in the Fund at the end of the fiscal year. 

3 (f) SEPARATE APPROPRIATIONS ACCOUNT.—Section 

4 1105(a) of title 31, United States Code, is amended— 

5 (1) by redesignating paragraphs (35) and (36) 

6 as paragraphs (36) and (37), respectively; 

7 (2) by redesignating the second paragraph (33) 

8 (relating to obligational authority and outlays re9 quested for homeland security) as paragraph (35); 

10 and 

11 (3) by adding at the end the following: 

12 ‘‘(38) a separate statement for the Injurious 

13 Wildlife Prevention Fund established by section 

14 16(a) of the Invasive Wildlife Prevention Act of 

15 2012, which shall include the estimated amount of 

16 deposits in the Fund, obligations, and outlays from 

17 the Fund.’’. 

18 SEC. 17. RELATIONSHIP TO OTHER FEDERAL LAWS. 

19 Nothing in this Act— 

20 (1) repeals, supersedes, or modifies any provi21 sion of— 

22 (A) the Public Health Service Act (42 

23 U.S.C. 201 et seq.); 

24 (B) the Federal Food, Drug, and Cosmetic 

25 Act (21 U.S.C. 301 et seq.); 


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1 (C) the Plant Protection Act (7 U.S.C. 

2 7701 et seq.); 

3 (D) the Animal Health Protection Act (7 

4 U.S.C. 8301 et seq.); 

5 (E) the Animal Welfare Act (7 U.S.C. 

6 2131 et seq.); or 

7 (F) the Endangered Species Act of 1973 

8 (16 U.S.C. 1531 et seq.); or 

9 (2) authorizes any action with respect to the 

10 importation of any plant pest, including a biological 

11 control agent, under the Federal Plant Pest Act (7 

12 U.S.C. 150aa et seq.), to the extent that the impor13 tation is subject to regulation under that Act. 

14 SEC. 18. REQUIREMENT TO PROMULGATE REGULATIONS. 

15 In addition to regulations required under section 5 

16 and other provisions of this Act, the Secretary shall pro17 mulgate such regulations as are necessary to carry out this 

18 Act. 

Æ 


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