I 

114TH CONGRESS 

2D SESSION H. R. 5895 

To establish an improved regulatory process to prevent the introduction and 

establishment in the United States of injurious wildlife. 

IN THE HOUSE OF REPRESENTATIVES 

JULY 14, 2016 

Ms. SLAUGHTER (for herself and Ms. STEFANIK) introduced the following bill; 

which was referred to the Committee on Natural Resources, and in addition to the Committees on the Judiciary, Ways and Means, and the 

Budget, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To establish an improved regulatory process to prevent the 

introduction and establishment in the United States of 

injurious wildlife. 

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 of 2016’’. 

6 SEC. 2. PURPOSE. 

7 The purpose of this Act is to establish an improved 

8 regulatory process to prevent the introduction and estabVerDate Sep 11 2014 23:35 Aug 01, 2016 Jkt 059200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5895.IH H5895

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1 lishment in the United States of any injurious wildlife that 

2 is likely to cause— 

3 (1) economic or environmental harm; or 

4 (2) harm to— 

5 (A) humans; or 

6 (B) animal health. 

7 SEC. 3. DEFINITIONS. 

8 In this Act: 

9 (1) APPROVED WILDLIFE SANCTUARY.—The 

10 term ‘‘approved wildlife sanctuary’’ means a sanc11 tuary that— 

12 (A) provides care for wildlife species; and 

13 (B) is a corporation that— 

14 (i) is— 

15 (I) exempt from taxation under 

16 section 501(a) of the Internal Rev17 enue Code of 1986; and 

18 (II) described in sections 

19 501(c)(3) and 170(b)(1)(A)(vi) of 

20 that Code; 

21 (ii) does not— 

22 (I) commercially trade in any 

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1 uct of any animal regulated under this 

2 Act; or 

3 (II) propagate any animal regu4 lated under this Act; and 

5 (iii) meets additional criteria, as the 

6 Director determines necessary and con7 sistent with the purpose of this Act. 

8 (2) DIRECTOR.—The term ‘‘Director’’ means 

9 the Director of the United States Fish and Wildlife 

10 Service. 

11 (3) FUND.—The term ‘‘Fund’’ means the Inju12 rious Wildlife Prevention Fund established under 

13 section 13(a). 

14 (4) IMPORT.—The term ‘‘import’’ means to 

15 bring, introduce, or attempt to bring or introduce 

16 into any place that is subject to the jurisdiction of 

17 the United States, notwithstanding the meaning of 

18 the term under the customs law of the United 

19 States. 

20 (5) 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 (6) INJURIOUS WILDLIFE TAXON OR TAXA.— 


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1 (A) IN GENERAL.—The term ‘‘injurious 

2 wildlife taxon or taxa’’ means any family, 

3 genus, species, subspecies, or hybrid of non4 native wildlife that is determined by the Direc5 tor to be injurious in the United States to— 

6 (i) a human being; 

7 (ii) an interest of— 

8 (I) agriculture; 

9 (II) horticulture; or 

10 (III) forestry; or 

11 (iii) any wildlife or wildlife resources. 

12 (B) INCLUSIONS.—The term ‘‘injurious 

13 wildlife taxon or taxa’’ includes any— 

14 (i) wildlife specimen that represents a 

15 family, genus, species, subspecies, or hy16 brid described in subparagraph (A) that is 

17 born or reared in— 

18 (I) captivity; or 

19 (II) the wild; 

20 (ii) viable egg, sperm, gamete, or 

21 other reproductive material of a wildlife 

22 specimen described in clause (i); and 

23 (iii) offspring of a wildlife specimen 

24 described in that clause. 


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1 (C) EXCLUSIONS.—The term ‘‘injurious 

2 wildlife taxon or taxa’’ does not include any— 

3 (i) plant pest or biological control or4 ganism that is specifically defined or regu5 lated under the Plant Protection Act (7 

6 U.S.C. 7701 et seq.); 

7 (ii) pest that is defined or regulated 

8 as a threat to livestock or poultry under 

9 the Animal Health Protection Act (7 

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

11 (iii) common and clearly domesticated 

12 species or subspecies, including— 

13 (I) the cat (Felis catus); 

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

15 (III) the chicken (Gallus gallus 

16 domesticus); 

17 (IV) the common canary (Serinus 

18 canaria domesticus); 

19 (V) the dog (Canis lupus 

20 familiaris); 

21 (VI) the donkey or ass (Equus 

22 asinus); 

23 (VII) the goose (Anser spp.); 

24 (VIII) the duck (Anas spp.); 


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1 (IX) the ferret (Mustela furo, 

2 Mustela putorius furo); 

3 (X) the gerbil (Meriones 

4 unguiculatus); 

5 (XI) the goat (Capra aegagrus 

6 hircus); 

7 (XII) the guinea pig or cavy 

8 (Cavia porcellus); 

9 (XIII) the goldfish (Carassius 

10 auratus auratus); 

11 (XIV) hamsters of the species 

12 Cricetulus griseus, Mesocricetus 

13 auratus, Phodopus campbelli, 

14 Phodopus sungorus, and Phodopus 

15 roborovskii; 

16 (XV) the horse (Equus caballus); 

17 (XVI) the llama (Lama glama); 

18 (XVII) the mule or hinny (Equus 

19 caballus x E. asinus); 

20 (XVIII) the pig or hog (Sus 

21 scrofa domestica); 

22 (XIX) the sheep (Ovis aries); or 

23 (XX) any other common and 

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1 species, as determined by the Direc2 tor. 

3 (7) PERSON.—The term ‘‘person’’ means— 

4 (A) an individual, corporation, partnership, 

5 trust, association, or other private entity; 

6 (B) any officer, employee, agent, depart7 ment, or instrumentality of— 

8 (i) the Federal Government; 

9 (ii) any Indian tribe, State, munici10 pality, or political subdivision of a State; or 

11 (iii) any foreign government; or 

12 (C) any other entity subject to the jurisdic13 tion of the United States. 

14 (8) QUALIFIED INSTITUTION.—The term 

15 ‘‘qualified institution’’ means— 

16 (A) an institution that carries out a sci17 entific, zoological, medical research, or edu18 cational purpose, as determined by the Direc19 tor; or 

20 (B) an approved wildlife sanctuary. 

21 (9) SECRETARY.—The term ‘‘Secretary’’ means 

22 the Secretary of the Interior. 

23 (10) STATE.—The term ‘‘State’’ means— 

24 (A) a State; 

25 (B) the District of Columbia; 


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1 (C) the Commonwealth of Puerto Rico; 

2 (D) Guam; 

3 (E) American Samoa; 

4 (F) the Commonwealth of the Northern 

5 Mariana Islands; 

6 (G) the United States Virgin Islands; and 

7 (H) any other territory or possession of the 

8 United States. 

9 (11) TRANSPORT.—The term ‘‘transport’’ 

10 means— 

11 (A) to move; 

12 (B) to convey; 

13 (C) to carry; 

14 (D) to ship by any means; or 

15 (E) to deliver or receive for the purpose 

16 of— 

17 (i) movement; 

18 (ii) conveyance; 

19 (iii) carriage; or 

20 (iv) shipment. 

21 (12) UNITED STATES.—The term ‘‘United 

22 States’’ means— 

23 (A) all of the United States; and 

24 (B) any land or water, including the terri25 torial sea and the Exclusive Economic Zone, 


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1 within the jurisdiction or sovereignty of the 

2 Federal Government. 

3 (13) WILDLIFE.—The term ‘‘wildlife’’ means 

4 any member of the animal kingdom, including any— 

5 (A) mammal; 

6 (B) fish; 

7 (C) bird; 

8 (D) amphibian; 

9 (E) reptile; or 

10 (F) invertebrate. 

11 (14) WILDLIFE RESOURCES.—The term ‘‘wild12 life resources’’ means any— 

13 (A) wildlife; or 

14 (B) type of aquatic or land vegetation on 

15 which any wildlife is dependent. 

16 SEC. 4. DESIGNATION OF INJURIOUS WILDLIFE. 

17 (a) DESIGNATION.—The Secretary, acting through 

18 the Director, may by regulation designate any wildlife as 

19 an injurious wildlife taxon or taxa. 

20 (b) BASIS FOR DESIGNATION.— 

21 (1) SOUND SCIENCE.—The Secretary, acting 

22 through the Director, shall base the designation de23 scribed in subsection (a) on sound science. 

24 (2) SCIENTIFIC RISK ASSESSMENT.—In making 

25 a designation under subsection (a), the Secretary, 


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1 acting through the Director, shall conduct a sci2 entific risk assessment that includes consideration 

3 of— 

4 (A) the scientific name and native range of 

5 the wildlife; 

6 (B) the likelihood and magnitude of the re7 lease or escape of the wildlife; 

8 (C) whether the wildlife has established or 

9 spread, or has the potential to establish or 

10 spread, outside of the native range of the wild11 life in a habitat similar to a habitat in the 

12 United States; or 

13 (D) whether the wildlife has caused, or has 

14 the potential to cause, harm in the United 

15 States to— 

16 (i) a human being; 

17 (ii) an interest of— 

18 (I) agriculture; 

19 (II) horticulture; or 

20 (III) forestry; or 

21 (iii) any wildlife or wildlife resources; 

22 (E) the potential impact of wildlife control 

23 or eradication measures for the wildlife on 

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1 estry, wildlife, or wildlife resources in the 

2 United States; and 

3 (F) any other risk assessment factor, as 

4 determined by the Director in accordance with 

5 the purpose of this Act. 

6 (3) RISK MANAGEMENT DETERMINATION.—In 

7 making a designation under subsection (a), the Sec8 retary, acting through the Director, shall conduct a 

9 risk management determination that includes consid10 eration of— 

11 (A) the results of the scientific risk assess12 ment described in paragraph (2); 

13 (B) the ability and effectiveness of meas14 ures— 

15 (i) to prevent the release or escape of 

16 the wildlife; 

17 (ii) to manage and control the estab18 lishment and spread of the wildlife; or 

19 (iii) to rehabilitate and recover eco20 systems damaged by the wildlife; and 

21 (C) any other risk management factor, as 

22 determined by the Director in accordance with 

23 the purpose of this Act. 

24 (4) AVAILABILITY TO THE PUBLIC.—The Sec25 retary, acting through the Director, shall make 


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1 available to the public the results of the assessments 

2 described in paragraphs (2) and (3). 

3 (c) RULEMAKING FOR THE DESIGNATION OF INJU4 RIOUS WILDLIFE TAXON OR TAXA.— 

5 (1) PROPOSED RULE.—For a proposal to des6 ignate any wildlife as an injurious wildlife taxon or 

7 taxa, the Director shall— 

8 (A) publish a proposed rule in the Federal 

9 Register and on a publicly accessible Federal 

10 website; 

11 (B) provide not fewer than 30 days for 

12 public comment; and 

13 (C) make available on a publicly accessible 

14 Federal website the results of the scientific risk 

15 assessment and the risk management deter16 mination described in subsection (b). 

17 (2) PETITIONS.— 

18 (A) IN GENERAL.—Any interested person 

19 may submit to the Director a petition to des20 ignate any wildlife as an injurious wildlife taxon 

21 or taxa. 

22 (B) CONSIDERATION OF PETITION.—If the 

23 Director determines that a petition described in 

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1 life is an injurious wildlife taxon or taxa, the 

2 Director may— 

3 (i) conduct a scientific risk assess4 ment and a risk management determina5 tion under subsection (b); and 

6 (ii) propose a rule in accordance with 

7 paragraph (1). 

8 (3) NOTICE AND CONSULTATION.—In consid9 ering a proposed designation of injurious wildlife 

10 taxon or taxa described in paragraph (1), the Sec11 retary shall notify and consult with, as appro12 priate— 

13 (A) any affected stakeholder, including— 

14 (i) a State; 

15 (ii) an Indian tribe; and 

16 (iii) a qualified institution; 

17 (B) the Aquatic Nuisance Species Task 

18 Force; 

19 (C) the National Invasive Species Council; 

20 (D) the Secretary of the Department of 

21 Agriculture; 

22 (E) the Director of the Centers for Disease 

23 Control and Prevention; and 

24 (F) the Administrator of the National Oce25 anic and Atmospheric Administration. 


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1 (4) FINAL DETERMINATION.—Not later than 14 

2 months after the date on which a proposed rule de3 scribed in paragraph (1) is published, the Director 

4 shall publish— 

5 (A) a final rule in the Federal Register; or 

6 (B) a notice in the Federal Register that 

7 the proposed rule is withdrawn. 

8 (d) WILDLIFE NOT IN TRADE TO THE UNITED

9 STATES.— 

10 (1) IN GENERAL.—Any wildlife shall be consid11 ered wildlife not in trade to the United States if the 

12 wildlife— 

13 (A) is not native to the United States; and 

14 (B) was not— 

15 (i) as of the date of enactment of this 

16 Act, designated as an injurious wildlife 

17 taxon or taxa under subsection (a); or 

18 (ii) during the 1-year period ending 

19 on the date of enactment of this Act, wide20 ly— 

21 (I) imported into the United 

22 States; or 

23 (II) transported between States. 


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1 (2) REGULATIONS.—Not later than 3 years 

2 after the date of enactment of this Act, the Director 

3 shall promulgate regulations that— 

4 (A) define the term ‘‘wildlife not in trade 

5 to the United States’’ for the purposes of this 

6 Act; and 

7 (B) establish a process to ensure, before 

8 the importation into the United States or trans9 port between States of any wildlife not in trade 

10 to the United States, that wildlife is reviewed 

11 by the Director to determine whether that wild12 life should be designated as an injurious wildlife 

13 taxon or taxa under subsection (a). 

14 (e) PREVIOUSLY LISTED INJURIOUS SPECIES.— 

15 (1) IN GENERAL.—On the date of enactment of 

16 this Act, any wildlife designated as injurious by sec17 tion 42(a) of title 18, United States Code, including 

18 any designation made under that section (as in ef19 fect on the day before the date of enactment of this 

20 Act), shall be designated as an injurious wildlife 

21 taxon or taxa under this Act. 

22 (2) APPLICABILITY.—Subsections (a) through 

23 (d) and section 553 of title 5, United States Code, 

24 shall not apply to any designation, or the publication 

25 of a designation, described in paragraph (1). 


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1 (f) EMERGENCY TEMPORARY DESIGNATION.— 

2 (1) IN GENERAL.—The Director may imme3 diately and temporarily make an emergency tem4 porary designation of any wildlife as an injurious 

5 wildlife taxon or taxa for any wildlife that poses an 

6 imminent threat in the United States to— 

7 (A) a human being; 

8 (B) an interest of— 

9 (i) agriculture; 

10 (ii) horticulture; or 

11 (iii) forestry; or 

12 (C) any wildlife or wildlife resources. 

13 (2) REGULATION.— 

14 (A) IN GENERAL.—In the case of an emer15 gency temporary designation made under para16 graph (1), the Director shall publish a regula17 tion in the Federal Register that includes a de18 tailed reason for which the emergency tem19 porary designation is necessary. 

20 (B) EFFECTIVE IMMEDIATELY.—A regula21 tion described in subparagraph (A) shall be ef22 fective immediately on the date of the publica23 tion of the regulation in the Federal Register. 

24 (C) EXPIRATION.—A regulation promul25 gated under subparagraph (A) shall cease to 


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1 have force and effect not earlier than 1 year 

2 after the date on which the regulation is pub3 lished in the Federal Register. 

4 (D) WITHDRAWAL.—The Director shall 

5 withdraw a regulation issued under subpara6 graph (A) if the Director determines that the 

7 regulation is not necessary. 

8 (E) APPLICABILITY.—Subsections (b) and 

9 (c) and section 553 of title 5, United States 

10 Code, shall not apply to an emergency tem11 porary designation issued under subparagraph 

12 (A). 

13 (3) FINAL DETERMINATION.—Not later than 1 

14 year after the date on which an emergency tem15 porary designation is promulgated under paragraph 

16 (2), the Director shall make a final determination 

17 regarding whether the wildlife that is the subject of 

18 the emergency temporary designation should be des19 ignated as an injurious wildlife taxon or taxa under 

20 subsection (a). 

21 (4) REQUEST BY A GOVERNOR.—If the Gov22 ernor of a State requests an emergency temporary 

23 designation under paragraph (1), the Director— 

24 (A) shall respond promptly to the request 

25 in writing; and 


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1 (B) may make an emergency temporary 

2 designation under that paragraph. 

3 (g) ECONOMIC IMPACT ANALYSES.—Notwithstanding 

4 chapter 6 of title 5, United States Code, and section 804 

5 of that title, in carrying out the provisions of this section, 

6 the Secretary may forego economic impact analyses. 

7 SEC. 5. REPORT ON COLLECTION OF INFORMATION ON IM8 PORTED WILDLIFE. 

9 Not later than 18 months after the date of enactment 

10 of this Act, the Secretary, in consultation with the Sec11 retary of Homeland Security, shall provide to the Com12 mittee on Environment and Public Works of the Senate 

13 and the Committee on Natural Resources of the House 

14 of Representatives a report that describes the status of 

15 measures— 

16 (1) to coordinate the collection and manage17 ment of data on imported wildlife; and 

18 (2) to establish an electronic database that 

19 readily identifies, using scientific names to the spe20 cies level (or subspecies level, if applicable)— 

21 (A) imports of all live wildlife; and 

22 (B) whether that wildlife species (or sub23 species) has been designated as an injurious 

24 wildlife taxon or taxa. 


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1 SEC. 6. PREVENTION OF WILDLIFE PATHOGENS AND 

2 PARASITES. 

3 (a) IN GENERAL.—The Secretary shall have the pri4 mary authority to prevent, and the primary responsibility 

5 for preventing, the importation of, and interstate com6 merce in, wildlife pathogens and harmful parasites. 

7 (b) REGULATIONS.— 

8 (1) IN GENERAL.—The Secretary shall promul9 gate regulations— 

10 (A) to minimize the likelihood of introduc11 tion or dissemination of any disease or harmful 

12 parasite of native or nonnative wildlife; and 

13 (B) to impose import restrictions, includ14 ing management measures, health certifications, 

15 quarantine requirements, specifications for con16 veyances, holding water, and associated mate17 rials, shipment and handling requirements, and 

18 any other measure that the Secretary deter19 mines to be necessary— 

20 (i) to prevent the importation of, and 

21 interstate commerce in, wildlife pathogens 

22 and harmful parasites of native and non23 native wildlife; and 

24 (ii) to address— 

25 (I) a particular injurious wildlife 

26 taxon; 


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1 (II) the place of origin of a par2 ticular injurious wildlife taxon; and 

3 (III) the conveyance and mate4 rials associated with wildlife trans5 port. 

6 (c) RELATIONSHIP TO OTHER AUTHORITIES.— 

7 (1) IN GENERAL.—Subject to paragraph (2), 

8 the Secretary shall exclude from regulation under 

9 this section any pathogen, parasite, or host taxon 

10 that is— 

11 (A) defined or regulated by the Secretary 

12 of Health and Human Services as a threat to 

13 humans under section 361 of the Public Health 

14 Service Act (42 U.S.C. 264); 

15 (B) defined or regulated by the Secretary 

16 of Agriculture as a threat to livestock or poultry 

17 under the Animal Health Protection Act (7 

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

19 (C) specifically defined or regulated by the 

20 Secretary of Agriculture as a plant pest or ap21 proved for biological control purposes under the 

22 Plant Protection Act (7 U.S.C. 7701 et seq.). 

23 (2) EXCEPTION.—Notwithstanding paragraph 

24 (1), the Secretary may regulate a pathogen, para25 site, or host taxon described in that paragraph if the 


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1 pathogen, parasite, or host taxon poses a wildlife 

2 disease risk. 

3 (d) COORDINATION.— 

4 (1) IN GENERAL.—In carrying out this section, 

5 the Secretary shall consult and coordinate with— 

6 (A) the heads of other Federal agencies 

7 and departments that regulate injurious wildlife 

8 taxa; 

9 (B) the heads of State wildlife agencies; 

10 (C) State veterinarians; and 

11 (D) other officials with related authorities. 

12 (2) CONSULTATION BY SECRETARY OF AGRI13 CULTURE.—If the Secretary of Agriculture partici14 pates in the World Organization for Animal Health, 

15 the Secretary of Agriculture shall confer and consult 

16 with the Secretary on any matter relating to the pre17 vention of wildlife diseases that may threaten the 

18 United States. 

19 SEC. 7. PROHIBITIONS. 

20 (a) IN GENERAL.—Subject to subsection (b) and sec21 tion 8, it is unlawful for any person subject to the jurisdic22 tion of the United States— 

23 (1) to import into the United States or trans24 port between States any wildlife designated as an in25 jurious wildlife taxon or taxa; 


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1 (2) to possess any wildlife designated as an in2 jurious wildlife taxon or taxa, or a descendant of 

3 that wildlife, that was imported or transported in 

4 violation of this Act; 

5 (3) to import into the United States or trans6 port between States any wildlife not in trade to the 

7 United States; 

8 (4) to possess any wildlife not in trade to the 

9 United States, or a descendant of that wildlife, that 

10 was imported or transported in violation of this Act; 

11 (5) to violate any term or condition of a permit 

12 issued to a qualified institution under section 8; 

13 (6) to release into the wild any wildlife— 

14 (A) designated as an injurious wildlife 

15 taxon or taxa; or 

16 (B) not in trade to the United States; or 

17 (7) to attempt any of the prohibited actions de18 scribed in paragraphs (1) through (6). 

19 (b) LIMITATION ON APPLICATION.— 

20 (1) IN GENERAL.—The prohibitions described 

21 in subsection (a) shall not apply to any action car22 ried out by a Federal, State, or tribal government 

23 official— 

24 (A) to enforce any of those prohibitions; or 


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1 (B) to prevent the introduction or estab2 lishment of any wildlife designated as an inju3 rious wildlife taxon or taxa or any wildlife not 

4 in trade to the United States, including any ac5 tion to transport or possess (including holding 

6 and sheltering) that wildlife. 

7 (2) WILDLIFE IN POSSESSION OF A FEDERAL

8 AGENCY.—Nothing in this Act restricts the importa9 tion or transport between States of an injurious 

10 wildlife taxon or taxa or any wildlife not in trade by 

11 a Federal agency for the use of the Federal agency 

12 if the wildlife remains in the possession of the Fed13 eral agency. 

14 (3) DEAD NATURAL HISTORY SPECIMENS.— 

15 Nothing in this Act restricts the importation of a 

16 dead natural history specimen for a museum or sci17 entific collection if the dead natural history specimen 

18 is properly preserved in a manner that minimizes, to 

19 the maximum extent practicable, the risk of expo20 sure from any harmful wildlife pathogen or parasite. 

21 SEC. 8. PERMITS. 

22 (a) IN GENERAL.—The Director may issue to a quali23 fied institution a permit that authorizes the import into 

24 the United States or transport between States of wildlife 

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1 entific, zoological, medical research, or educational pur2 poses if the Director finds that qualified institution prop3 erly demonstrates— 

4 (1) responsibility; and 

5 (2) continued protection of— 

6 (A) human beings; 

7 (B) the interests of— 

8 (i) agriculture; 

9 (ii) horticulture; and 

10 (iii) forestry; and 

11 (C) wildlife and wildlife resources. 

12 (b) MULTI-YEAR PERMIT.—At the request of the 

13 qualified institution, a permit issued under subsection (a) 

14 shall be a multi-year permit of not less than 3 years if 

15 the permit is for a zoological, public display, conservation, 

16 or educational outreach purpose. 

17 (c) TERMS AND CONDITIONS.—The Director may in18 clude in a permit issued under subsection (a) any terms 

19 and conditions designed to minimize the risk of introduc20 tion, establishment, and transport between States of any 

21 wildlife designated as an injurious wildlife taxon or taxa, 

22 as determined by the Director. 

23 (d) TERMINATION.—The Director shall immediately 

24 terminate a permit issued under this section if the DirecVerDate Sep 11 2014 23:35 Aug 01, 2016 Jkt 059200 PO 00000 Frm 00024 Fmt 6652 Sfmt 6201 E:\BILLS\H5895.IH H5895

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1 tor determines that the holder of a multi-year permit 

2 issued under this section does not meet— 

3 (1) the definition of a ‘‘qualified institution’’; or 

4 (2) the requirements of subsection (a). 

5 (e) RECORDKEEPING AND REPORTING.— 

6 (1) RECORDKEEPING.—A qualified institution 

7 that is issued a permit under subsection (a) shall 

8 maintain records, subject to annual inspection by the 

9 Director, of the importation into the United States, 

10 transportation between States, possession, or breed11 ing of any wildlife designated as an injurious wildlife 

12 taxon or taxa. 

13 (2) REPORT.—Not later than March 1 of the 

14 first calendar year beginning after the date on which 

15 a permit is issued under subsection (a), and each 

16 March 1 thereafter for the duration of the permit, 

17 each qualified institution shall submit to the Direc18 tor a report on the importation, interstate transport, 

19 possession, or breeding by the qualified institution of 

20 any wildlife designated as an injurious wildlife taxon 

21 or taxa during the preceding calendar year. 

22 (f) REGULATIONS; LIST OF QUALIFIED INSTITU23 TIONS.—The Director shall— 

24 (1) promulgate regulations to implement this 

25 section; and 


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1 (2) maintain a current roster of qualified insti2 tutions on a publicly available Federal website and 

3 through other appropriate means, as determined by 

4 the Director. 

5 (g) STREAMLINING PERMIT APPLICATIONS.—The 

6 Director may develop and implement an electronic system 

7 for the submission of permit applications under this sec8 tion. 

9 SEC. 9. FEES FOR LIVE WILDLIFE SHIPMENT. 

10 (a) DEFINITION OF LIVE WILDLIFE SHIPMENT.—In 

11 this section, the term ‘‘live wildlife shipment’’ does not in12 clude a shipment made by a qualified institution for sci13 entific, zoological, medical research, or educational pur14 poses. 

15 (b) REASONABLE USER FEE.—Not later than 2 

16 years after the date of enactment of this Act, the Director 

17 shall propose and adopt by regulation a reasonable fee to 

18 be charged on any imported live wildlife shipment for use 

19 in recovering a portion of the costs of— 

20 (1) improving the information available on the 

21 importation into the United States and transport be22 tween States of wildlife; 

23 (2) monitoring the import information described 

24 in section 5; 


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1 (3) conducting scientific risk assessments and 

2 risk management determinations for wildlife taxa 

3 under section 4(b); 

4 (4) making emergency temporary designations 

5 under section 4(f); and 

6 (5) developing and implementing an electronic 

7 system for streamlining the submission of permit ap8 plications in accordance with section 8(g). 

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

10 user fee described in subsection (b) is to recover approxi11 mately 75 percent of the costs to the Director for the serv12 ices listed in that subsection after— 

13 (1) the date on which the user fee regulation 

14 described in that subsection is fully implemented; 

15 and 

16 (2) the amounts of the user fees received have 

17 been appropriated to the Fund established in section 

18 13(a) for not less than 1 full fiscal year. 

19 (d) FEE LIMIT.— 

20 (1) IN GENERAL.—The amount of the user fee 

21 under this section shall be— 

22 (A) set by the Director only after consid23 ering public comments on the proposed user fee 

24 regulation; and 

25 (B) charged— 


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1 (i) broadly and fairly across the live 

2 wildlife import industry; and 

3 (ii) at the lowest level practicable to 

4 achieve the cost recovery purpose described 

5 in subsection (c). 

6 (2) ANNUAL TOTAL FEE REVENUE.—In setting 

7 the user fee under this section, the Director shall 

8 seek to set a user fee amount that ensures that the 

9 annual total user fee revenue is not more than the 

10 amount of the annual total fee revenue of the fees 

11 charged by the Director under the inspection pro12 gram of the Director to oversee the importation of 

13 live wildlife carried out pursuant to— 

14 (A) section 11(f) of the Endangered Spe15 cies Act of 1973 (16 U.S.C. 1540(f)); and 

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

17 of Federal Regulations (or successor regula18 tions). 

19 (e) SEPARATION FROM OTHER FEES.—The Sec20 retary shall keep the user fees collected in accordance with 

21 this section separate from any other fees that the Sec22 retary collects for any other law enforcement or inspection 

23 activity. 


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1 SEC. 10. PENALTIES AND SANCTIONS. 

2 (a) ENFORCEMENT.—The Secretary and the Sec3 retary of Homeland Security— 

4 (1) shall enforce the provisions of this Act, in5 cluding any regulations or permits issued under this 

6 Act; and 

7 (2) may require the furnishing of an appro8 priate bond, if desirable to ensure compliance with 

9 those provisions. 

10 (b) AUTHORIZATION BY THE SECRETARY.—Any per11 son authorized by the Secretary to enforce this Act shall 

12 have the authorities described in section 6(b) of the Lacey 

13 Act Amendments of 1981 (16 U.S.C. 3375(b)). 

14 (c) CIVIL PENALTIES.— 

15 (1) IN GENERAL.—Subject to paragraph (2), 

16 any person who violates any provision of this Act, 

17 any permit issued under this Act, or a regulation 

18 issued under this Act may be assessed a civil penalty 

19 by the Secretary of not more than $10,000 for each 

20 violation. 

21 (2) NOTICE AND OPPORTUNITY FOR A HEAR22 ING.— 

23 (A) IN GENERAL.—No civil penalty may be 

24 assessed under this subsection for a violation 

25 under this Act unless a person described in 


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1 paragraph (1) is given notice and opportunity 

2 for a hearing with respect to the violation. 

3 (B) HEARING.— 

4 (i) IN GENERAL.—A hearing described 

5 in subparagraph (A) shall be conducted in 

6 accordance with section 554 of title 5, 

7 United States Code. 

8 (ii) SUBPOENA.—The Secretary may, 

9 for any hearing under this paragraph— 

10 (I) issue a subpoena for— 

11 (aa) the attendance or testi12 mony of a witness; or 

13 (bb) the production of rel14 evant papers, books, or docu15 ments; and 

16 (II) administer an oath. 

17 (iii) FEES AND MILEAGE.—Any wit18 ness summoned under clause (ii) shall be 

19 paid the same fees and mileage that are 

20 paid to a witness in a court of the United 

21 States. 

22 (iv) CONTUMACY OR FAILURE TO

23 OBEY A SUBPOENA.— 

24 (I) IN GENERAL.—In the case of 

25 contumacy or failure to obey a subVerDate Sep 11 2014 23:35 Aug 01, 2016 Jkt 059200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6201 E:\BILLS\H5895.IH H5895

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1 poena issued under clause (ii), the dis2 trict court of the United States for 

3 the district in which the subpoenaed 

4 person is found, resides, or transacts 

5 business, on application by the United 

6 States and after notice to the subpoe7 naed person, may issue an order re8 quiring the person— 

9 (aa) to appear and give tes10 timony before the Secretary; or 

11 (bb) to appear and produce 

12 documentary evidence before the 

13 Secretary. 

14 (II) FAILURE TO OBEY ORDER.— 

15 Any failure to obey an order issued 

16 under subclause (I) may be punished 

17 by the court described in that sub18 clause as contempt of that court. 

19 (3) SEPARATE OFFENSE.—Each violation under 

20 this Act shall be a separate offense. 

21 (4) REMISSION OR MITIGATION.—The Secretary 

22 may remit or mitigate any civil penalty assessed 

23 under this subsection. 

24 (5) FAILURE TO PAY.— 


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1 (A) IN GENERAL.—If a person assessed a 

2 civil penalty under paragraph (1) fails to pay 

3 the civil penalty, the Secretary may request 

4 that the Attorney General institute a civil ac5 tion to collect the penalty in a district court of 

6 the United States for any district in which the 

7 person is found, resides, or transacts business, 

8 and that court shall have jurisdiction to hear 

9 and decide the action. 

10 (B) RECORD; SUBSTANTIAL EVIDENCE.— 

11 The court described in subparagraph (A) 

12 shall— 

13 (i) hear the action described in that 

14 subparagraph on the record made before 

15 the Secretary in a hearing under in para16 graph (2)(B); and 

17 (ii) sustain the decision of the Sec18 retary if that decision is supported by sub19 stantial evidence in the record, considered 

20 as a whole. 

21 (d) CRIMINAL OFFENSES.—Any person who know22 ingly violates any provision of this Act, any permit issued 

23 under this Act, or a regulation issued under this Act shall 

24 be guilty of a class A misdemeanor. 


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1 (e) NATURAL RESOURCE DAMAGES.—Any costs re2 lating to the mitigation of injury caused by a violation of 

3 this Act shall be borne by the person who violated this 

4 Act. 

5 (f) FORFEITURE.— 

6 (1) IN GENERAL.— 

7 (A) WILDLIFE.—Any wildlife that is im8 ported, transported, possessed, or released into 

9 the wild in violation of this Act or a permit or 

10 regulation issued under this Act, or any wildlife 

11 that any person has attempted to import, trans12 port, possess, or release into the wild in viola13 tion of this Act or a permit or regulation issued 

14 under this Act, shall be promptly exported or 

15 destroyed at the expense of the importer, con16 signee, or recipient. 

17 (B) EQUIPMENT.—Any vessel, vehicle, air18 craft, or other equipment used to aid in the im19 porting, transporting, possessing, or releasing 

20 into the wild, or in the attempt to import, 

21 transport, possess, or release into the wild, of 

22 wildlife in a criminal violation of this Act shall 

23 be subject to forfeiture to the United States if 

24 the owner of the vessel, vehicle, aircraft, or 

25 equipment was, at the time of the alleged illegal 


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1 act, a consenting party or privy to the alleged 

2 illegal act or in the exercise of due care should 

3 have known that the vessel, vehicle, aircraft, or 

4 equipment would be used in a criminal violation 

5 of this Act. 

6 (2) APPLICATION OF CUSTOMS LAW.— 

7 (A) IN GENERAL.—Subject to subpara8 graph (B), all provisions of law relating to the 

9 seizure, forfeiture, and condemnation of prop10 erty for violation of customs law, the disposition 

11 of that property or the proceeds from the sale 

12 of that property, and the remission or mitiga13 tion of that forfeiture, shall apply to the sei14 zures and forfeitures incurred, or alleged to 

15 have been incurred, under this Act if those pro16 visions of law are not inconsistent with this Act. 

17 (B) EXCEPTION.—Any power, right, or 

18 duty conferred or imposed by customs law on 

19 any officer or employee of the Department of 

20 Homeland Security may, for the purposes of 

21 this Act, be exercised or performed by the Sec22 retary, or by such persons as the Secretary may 

23 designate, only if a warrant for the search or 

24 seizure is issued in accordance with rule 41 of 

25 the Federal Rules of Criminal Procedure. 


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1 (3) STORAGE COST.—Any person convicted of 

2 an offense or assessed a civil penalty under this Act 

3 shall be liable for the costs incurred in the storage, 

4 care, and maintenance of any wildlife seized in con5 nection with the applicable violation. 

6 (4) CIVIL FORFEITURE.—A civil forfeiture 

7 under this section shall be governed by chapter 46 

8 of title 18, United States Code. 

9 SEC. 11. RELATIONSHIP TO STATE AND FEDERAL LAW. 

10 (a) RELATIONSHIP TO STATE LAW.—Nothing in this 

11 Act prevents a State or Indian tribe from making or en12 forcing a law or regulation that is consistent with this Act. 

13 (b) REPEAL.— 

14 (1) IN GENERAL.—Section 42 of title 18, 

15 United States Code, is amended— 

16 (A) by striking ‘‘(a)(1) The’’ and all that 

17 follows through ‘‘(c) The Secretary’’ and insert18 ing ‘‘The Secretary’’; and 

19 (B) by striking ‘‘this subsection’’ each 

20 place it appears and inserting ‘‘this section’’. 

21 (2) EFFECT.—The amendment made by para22 graph (1) shall not affect any right or duty that ma23 tured, any penalty that was incurred, or any pro24 ceeding begun, under subsection (a) or (b) of section 

25 42 of title 18, United States Code (as in effect on 


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1 the day before the date of enactment of this Act), 

2 before the date of enactment of this Act. 

3 (c) RELATIONSHIP TO OTHER FEDERAL LAWS.— 

4 Nothing in this Act— 

5 (1) repeals, supersedes, or modifies— 

6 (A) the Public Health Service Act (42 

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

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

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

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

11 7701 et seq.); 

12 (D) the Animal Health Protection Act (7 

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

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

15 2131 et seq.); 

16 (F) the Endangered Species Act of 1973 

17 (16 U.S.C. 1531 et seq.); 

18 (G) any other provision of Federal law 

19 other than the provision described in subsection 

20 (b); or 

21 (H) any right, privilege, or immunity 

22 granted, reserved, or established pursuant to a 

23 treaty, statute, or an Executive order relating 

24 to any Indian tribe, band, or community; 


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1 (2) enlarges or diminishes the authority of any 

2 State or Indian tribe to regulate the activities of any 

3 person on an Indian reservation; or 

4 (3) authorizes any action with respect to the 

5 importation of any plant pest, including any biologi6 cal control agent, under the Plant Protection Act (7 

7 U.S.C. 7701 et seq.) to the extent that the importa8 tion of the plant pest, including a biological control 

9 agent, is subject to regulation under that Act. 

10 SEC. 12. REQUIREMENT TO PROMULGATE REGULATIONS. 

11 The Secretary— 

12 (1) shall promulgate the regulations required by 

13 this Act; and 

14 (2) may promulgate other such regulations as 

15 are necessary to carry out this Act. 

16 SEC. 13. ESTABLISHMENT OF FUNDS AND APPROPRIA17 TIONS ACCOUNT. 

18 (a) INJURIOUS WILDLIFE PREVENTION FUND.— 

19 (1) ESTABLISHMENT.—The Secretary of the 

20 Treasury shall establish in the Treasury of the 

21 United States a fund, to be known as the ‘‘Injurious 

22 Wildlife Prevention Fund’’. 

23 (2) DEPOSITS.—Beginning with the next full 

24 fiscal year after the date of enactment of this Act 

25 and for each fiscal year thereafter, the Secretary 


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1 and the Secretary of the Treasury shall deposit in 

2 the Fund all revenues received by the Secretary and 

3 the Secretary of Treasury as user fees under section 

4 9 and civil and criminal penalties under section 10. 

5 (3) ADMINISTRATION.—The Secretary shall ad6 minister the Fund. 

7 (4) OBLIGATIONS.— 

8 (A) IN GENERAL.—The Secretary and the 

9 Director, as appropriate, may obligate amounts 

10 in the Fund to carry out this Act, without fur11 ther appropriation. 

12 (B) AVAILABILITY.—Amounts available for 

13 obligation under this section shall remain avail14 able without fiscal year limitation. 

15 (b) USE OF FUNDS.— 

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

17 the Fund for a fiscal year— 

18 (A) 75 percent shall be available to the 

19 Secretary for use in carrying out this Act (other 

20 than paragraph (2)); and 

21 (B) 25 percent shall be used by the Direc22 tor to carry out paragraph (2). 

23 (2) NATURAL RESOURCE ASSISTANCE

24 GRANTS.— 


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1 (A) IN GENERAL.—The Secretary shall es2 tablish a program to make natural resource as3 sistance grants to States and Indian tribes for 

4 use in supporting best practices and capacity 

5 building by States and Indian tribes, consistent 

6 with the purposes of this Act, for— 

7 (i) inspecting and monitoring inter8 state transport of wildlife between States; 

9 and 

10 (ii) conducting assessments of risk as11 sociated with the intentional importation of 

12 any wildlife. 

13 (B) FUNDING.—Of the amounts described 

14 in paragraph (1)(B), 10 percent shall be avail15 able to the Director for the implementation of 

16 the program established under subparagraph 

17 (A). 

18 (c) PROHIBITION.—Amounts in the Fund may not be 

19 made available for any purpose other than a purpose de20 scribed in subsection (b). 

21 (d) ANNUAL REPORTS.— 

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

23 the end of each fiscal year beginning with fiscal year 

24 2017, the Director shall submit to the Committees 

25 on Appropriations and Environment and Public 


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1 Works of the Senate and the Committees on Appro2 priations and Natural Resources of the House of 

3 Representatives a report that describes the operation 

4 of the Fund during the preceding fiscal year. 

5 (2) CONTENTS.—A report described in para6 graph (1) shall include, for the fiscal year covered by 

7 the report— 

8 (A) a statement of the amounts deposited 

9 in the Fund; 

10 (B) a description of any expenditure made 

11 from the Fund for the fiscal year, including the 

12 purpose of the expenditure; 

13 (C) a recommendation for any additional 

14 authority to fulfill the purpose of the Fund; and 

15 (D) a statement of the balance remaining 

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

17 (e) SEPARATE APPROPRIATIONS ACCOUNT.—Section 

18 1105(a) of title 31, United States Code, is amended by 

19 adding at the end the following: 

20 ‘‘(40) a separate statement for the Injurious 

21 Wildlife Prevention Fund established under section 

22 13(a) of the Invasive Fish and Wildlife Prevention 

23 Act of 2016, that includes the estimated amount of 

24 deposits in the Fund, obligations, and outlays from 

25 the Fund.’’. 


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1 SEC. 14. SEVERABILITY. 

2 If any provision of this Act, an amendment made by 

3 this Act, or the application of such a provision or amend4 ment to any person or circumstance is held to be unconsti5 tutional, the remainder of this Act and the amendments 

6 made by this Act, and the application of the provision or 

7 amendment to any other person or circumstance, shall not 

8 be affected. 

Æ 


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