II 

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. 

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 2012’’. 


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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 is described in sections 

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

18 (ii) is an educational entity; 

19 (B) does not commercially trade in animals 

20 regulated under this Act, including offspring, 

21 parts, and byproducts of those animals; 

22 (C) does not propagate animals regulated 

23 under this Act; and 

24 (D) meets any additional criteria that the 

25 Service determines are necessary and consistent 

26 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) FUND.—The term ‘‘Fund’’ means the Inju8 rious Wildlife Prevention Fund established by sec9 tion 16(a). 

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

11 bring into, or introduce into, or attempt to bring 

12 into, or introduce into, any place subject to the ju13 risdiction of the United States, regardless of whether 

14 the bringing into or introduction constitutes an im15 portation within the meaning of the customs laws of 

16 the United States. 

17 (5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 

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

19 Indian Self-Determination and Education Assistance 

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

21 (6) NATIONAL INVASIVE SPECIES COUNCIL.— 

22 The term ‘‘National Invasive Species Council’’ 

23 means the National Invasive Species Council estab24 lished by Executive Order 13112 on February 8, 

25 1999 (64 Fed. Reg. 6183). 


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1 (7) NATIVE.—The term ‘‘native’’, with respect 

2 to a wildlife taxon, means a wildlife taxon that his3 torically occurred or currently occurs in the United 

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

5 unintentional introduction by humans. 

6 (8) NONNATIVE WILDLIFE TAXON.— 

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

8 wildlife taxon’’ means any family, genus, spe9 cies, or subspecies of live animal that is not na10 tive to the United States, regardless of whether 

11 the animal was born or raised in captivity. 

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

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

14 gamete, or other reproductive material or off15 spring of an animal of a family, genus, species, 

16 or subspecies described in subparagraph (A). 

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

18 wildlife taxon’’ does not include— 

19 (i) any taxon that is— 

20 (I) specifically defined or regu21 lated as a plant pest or approved for 

22 biological control purposes under the 

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

24 et seq.); or 


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1 (II) defined or regulated as a 

2 threat to livestock or poultry under 

3 the Animal Health Protection Act (7 

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

5 (ii) any common and clearly domes6 ticated species or subspecies, including— 

7 (I) cat (Felis catus); 

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

9 (III) chicken (Gallus gallus 

10 domesticus); 

11 (IV) common canary (Serinus 

12 canaria domesticus); 

13 (V) dog (Canis lupus familiaris); 

14 (VI) donkey or ass (Equus 

15 asinus); 

16 (VII) domesticated members of 

17 the family Anatidae (geese); 

18 (VIII) duck (domesticated Anas 

19 spp.); 

20 (IX) domesticated ferret 

21 (Mustela furo); 

22 (X) gerbil (Meriones 

23 unguiculatus); 

24 (XI) goat (Capra aegagrus 

25 hircus); 


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1 (XII) guinea pig or Cavy (Cavia 

2 porcellus); 

3 (XIII) goldfish (Carassius 

4 auratus auratus); 

5 (XIV) domesticated hamsters 

6 (Cricetulus griseus, Mesocricetus 

7 auratus, Phodopus campbelli, 

8 Phodopus sungorus, and Phodopus 

9 roborovskii); 

10 (XV) horse (Equus caballus); 

11 (XVI) llama (Lama glama); 

12 (XVII) mule or hinny (Equus 

13 caballus x E. asinus); 

14 (XVIII) pig or hog (Sus scrofa 

15 domestica); 

16 (XIX) domesticated varieties of 

17 rabbit (Oryctolagus cuniculus); 

18 (XX) sheep (Ovis aries); or 

19 (XXI) any other species or sub20 species that the Service determines to 

21 be common and clearly domesticated. 

22 (9) PERSON.—The term ‘‘person’’ means— 

23 (A) an individual, corporation, partnership, 

24 trust, association, or other private entity; 


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1 (B) any officer, employee, agent, depart2 ment, or instrumentality of the Federal Govern3 ment, or of any tribal government, or of any 

4 State, municipality, or political subdivision of a 

5 State, or of any foreign government; and 

6 (C) any other entity subject to the jurisdic7 tion of the Federal United States. 

8 (10) QUALIFIED INSTITUTION.—The term 

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

10 determined by the Service to be— 

11 (A) for scientific, veterinary, or medical re12 search or education, or a zoo or aquarium ac13 credited by the Association of Zoos and Aquar14 iums; or 

15 (B) an approved wildlife sanctuary. 

16 (11) SECRETARY.—The term ‘‘Secretary’’ 

17 means the Secretary of the Interior. 

18 (12) SERVICE.—The term ‘‘Service’’ means the 

19 United States Fish and Wildlife Service. 

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 Serv18 ice, at the discretion of the Service, may propose the regu19 lation 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 Serv22 ice to determine whether the taxon meets the criteria for 

23 designation as Injurious I or Injurious II under section 

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


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1 (c) PUBLIC AND AGENCY COMMENT.—Upon receipt 

2 of a proposal that the Service determines to be complete, 

3 and for any proposal the Service elects to prepare, the 

4 Service shall publish notice of the proposal in the Federal 

5 Register and provide an opportunity for at least 60 days 

6 of public comment. 

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

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

9 or as soon thereafter as is feasible, the Service shall make 

10 a determination as to whether the proposal should be ap11 proved or disapproved. 

12 (e) NOTICE OF DETERMINATION.—The Service 

13 shall— 

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

15 determination made under subsection (d); and 

16 (2) make the basis for the determination avail17 able on a publicly available Federal Internet site. 

18 SEC. 5. SCIENTIFIC RISK ASSESSMENT AND RISK DETER19 MINATION REGULATIONS. 

20 (a) ASSESSMENT AND DETERMINATION.— 

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

22 through the Service, shall promulgate regulations— 

23 (A) to further specify the criteria for regu24 lating a nonnative wildlife taxon as— 


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1 (i) an Injurious I taxon, which shall 

2 be a taxon— 

3 (I) that the Service determines— 

4 (aa) to be injurious to 

5 human beings, the interests of 

6 agriculture, horticulture, or for7 estry, or wildlife or wildlife re8 sources of the United States; and 

9 (bb) to have a high degree 

10 of potential harm and is a taxon 

11 with which qualified institutions 

12 have not previously had signifi13 cant experience in maintaining 

14 successfully in captivity and pre15 venting escapes or releases; and 

16 (II) the importation and trans17 portation of which in interstate com18 merce shall be conducted only pursu19 ant to a permit issued under section 

20 12 to a qualified institution; or 

21 (ii) an Injurious II taxon, which shall 

22 be a taxon— 

23 (I) that the Service determines— 

24 (aa) to be injurious to 

25 human beings, the interests of 


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1 agriculture, horticulture, or for2 estry, or wildlife or wildlife re3 sources of the United States; but 

4 (bb) to have a degree of po5 tential for harm that is less than 

6 the degree of potential harm of 

7 an Injurious I taxon or is a taxon 

8 with which qualified institutions 

9 have previously had significant 

10 experience in maintaining suc11 cessfully in captivity and pre12 venting escapes or releases; and 

13 (II) for which no permit is re14 quired if the taxon is— 

15 (aa) imported to a qualified 

16 institution; 

17 (bb) transported in inter18 state commerce and intrastate 

19 commerce to and among qualified 

20 institutions; or 

21 (cc) held by a qualified insti22 tution; 

23 (B) to establish a process for assessing and 

24 analyzing the risks of taxa that may have been, 

25 or foreseeably could be, imported into, or found 


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1 in interstate commerce within, the United 

2 States; and 

3 (C) that may also provide for cases in 

4 which exceptions or additions to the Injurious I 

5 taxon or Injurious II taxon criteria may be nec6 essary to address extraordinary risks. 

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

8 Service shall— 

9 (A) ensure that the risk assessment and 

10 risk determination processes conducted under 

11 this section are based on sound science; and 

12 (B) make the results of each such assess13 ment and determination available to the public. 

14 (3) PREVIOUSLY LISTED TAXA.—Each wildlife 

15 taxon previously designated by statute or by the Sec16 retary as injurious under section 42(a) of title 18, 

17 United States Code (including under any regulation 

18 promulgated under that authority), shall, after the 

19 effective date of the final regulations promulgated 

20 under this subsection, be promptly designated by the 

21 Service as an Injurious I taxon or Injurious II taxon 

22 under this subsection, based on a determination by 

23 the Service of whether the taxon meets the criteria 

24 described in clause (i) or (ii), respectively, of para25 graph (1)(A). 


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1 (4) DEADLINES.— 

2 (A) PROPOSED REGULATIONS.—Not later 

3 than 1 year after the date of enactment of this 

4 Act, the Secretary shall publish in the Federal 

5 Register a proposed version of the regulations 

6 required under this subsection. 

7 (B) FINAL REGULATIONS.—Not later than 

8 18 months after the date of enactment of this 

9 Act, the Secretary shall promulgate final regu10 lations required under this subsection, including 

11 a public notification of the process for submis12 sion of a proposal under section 4(a). 

13 (C) ADDITIONAL REQUIREMENT OF PRE14 IMPORT RISK SCREENING FOR ALL TAXA NOVEL

15 TO THE UNITED STATES.— 

16 (i) IN GENERAL.—Five years after the 

17 date of enactment of this Act, the Sec18 retary shall by regulation— 

19 (I) define the phrase ‘‘non-native 

20 wildlife taxa novel to the United 

21 States’’ for the purpose of this sec22 tion; and 

23 (II) set forth a process to ensure 

24 that all unregulated non-native wild25 life taxa novel to the United States 


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1 are thereafter reviewed by the Service 

2 prior to allowance of their importation 

3 to the United States to determine 

4 whether they should be regulated 

5 under any of clause (i) or (ii) of para6 graph (1)(A). 

7 (ii) AVOIDANCE OF NEW INCEN8 TIVES.—In promulgating the regulation 

9 under clause (i), the Secretary shall seek 

10 to avoid creating a new incentive for ani11 mal importers to import novel taxa prior to 

12 the effective date of the regulation. 

13 (iii) NEW REGULATION FOR IMPORTS

14 OF TAXA NOVEL TO THE UNITED

15 STATES.—Not later than 1 year after the 

16 date of promulgation of the regulation 

17 under clause (i), the Secretary shall imple18 ment the regulation. 

19 (b) SCIENTIFIC RISK ASSESSMENT.—The regulations 

20 promulgated under subsection (a) shall require consider21 ation, in an initial scientific risk assessment of a taxon, 

22 of at least— 

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

24 taxon; 


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1 (2) whether the taxon has established or 

2 spread, or caused harm to the economy, the environ3 ment, or the health of other animal species in the 

4 United States or in an ecosystem similar to an eco5 system in the United States; 

6 (3) whether environmental conditions suitable 

7 for the establishment or spread of the taxon exist or 

8 will exist in the United States; 

9 (4) the likelihood of establishment and spread 

10 of the taxon; 

11 (5) whether the taxon will cause harm to 

12 human beings, to the interests of agriculture, horti13 culture, forestry, or to wildlife or the wildlife re14 sources of the United States; 

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

16 or facilities of the National Park System or other 

17 public land; 

18 (7) the best available scientific risk screening 

19 systems or predictive models that apply to the taxon; 

20 and 

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

22 any, associated with the taxon, in accordance with 

23 the purpose of this Act. 

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

25 nonnative wildlife taxon as an Injurious I taxon or InjuVerDate Mar 15 2010 02:05 Sep 27, 2012 Jkt 019200 PO 00000 Frm 00015 Fmt 6652 Sfmt 6201 E:\BILLS\S3606.IS S3606

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1 rious II taxon under subsection (a), after conducting a 

2 risk assessment, the Service shall prepare a risk deter3 mination that takes into consideration— 

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

5 (2) at a minimum— 

6 (A) the capabilities and any efforts of 

7 States, local governments, and Indian tribes to 

8 address the risks, if any, identified by the Serv9 ice with respect to the taxon, including the re10 sults of any risk assessments conducted for the 

11 taxon that are available to the Service; 

12 (B) the potential for reduction, mitigation, 

13 control, and management of any risks identi14 fied; and 

15 (C) whether any risks identified already 

16 are adequately addressed under other applicable 

17 law. 

18 (d) DISCRETIONARY ANALYSIS.— 

19 (1) IN GENERAL.—In preparing the risk deter20 mination for a taxon, the Service may consider the 

21 economic, social, and cultural impacts of a decision 

22 on whether to regulate the taxon. 

23 (2) OTHER REQUIREMENTS.—This section shall 

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

25 other requirement to complete an analysis under, 


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1 any other law (including a regulation or Executive 

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

3 (e) NOTICE AND CONSULTATION.—In promulgating 

4 regulations under subsection (a), the Service shall notify 

5 and consult with, at a minimum— 

6 (1) affected States, Indian tribes, and other 

7 stakeholders; 

8 (2) the Aquatic Nuisance Species Task Force; 

9 (3) the National Invasive Species Council; 

10 (4) the Department of Agriculture; 

11 (5) the Centers for Disease Control and Preven12 tion; and 

13 (6) the National Oceanic and Atmospheric Ad14 ministration. 

15 SEC. 6. EMERGENCY TEMPORARY DESIGNATION. 

16 (a) IN GENERAL.—If the Service determines an 

17 emergency exists because an unregulated nonnative wild18 life taxon poses an imminent threat of harm to individuals 

19 in or wildlife of the United States, or the economy or envi20 ronment of the United States, the Service may imme21 diately temporarily designate the nonnative wildlife taxon 

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

23 (b) NOTICE OF TEMPORARY DESIGNATION.—The 

24 Service shall promptly— 


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1 (1) publish in the Federal Register notice of 

2 each temporary designation under this subsection; 

3 and 

4 (2) make the basis for the designation available 

5 on a publicly available Federal Internet site and 

6 through other appropriate means. 

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

8 temporarily designating a nonnative wildlife taxon using 

9 the emergency authority under this section, the Service 

10 shall— 

11 (1) make a final determination regarding 

12 whether the taxon should be further regulated under 

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

14 (2) publish notice of that final determination in 

15 the Federal Register; and 

16 (3) make the basis for the determination avail17 able on a publicly available Federal Internet site. 

18 (d) LIMITATION ON PROCEDURES.—The procedures 

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

20 5, United States Code, shall not apply to temporary des21 ignations under this section. 

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

23 requests a temporary emergency designation under this 

24 section, the Service shall respond promptly with a written 

25 determination on the request. 


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1 SEC. 7. INFORMATION ON IMPORTED ANIMALS. 

2 (a) IMPROVED INFORMATION.—The Service shall— 

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

4 enactment of this Act, establish an electronic data5 base that describes, using scientific names to the 

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

7 quantities of imports of all live wildlife, and the reg8 ulatory status of the wildlife, in a form that permits 

9 that information to be rapidly accessed; and 

10 (2) not later than 30 days after the date of im11 portation of wildlife described in paragraph (1), 

12 make the information described in that paragraph 

13 (other than confidential business information associ14 ated with those imports that is protected under 

15 other Federal law) available on a publicly available 

16 Federal Internet site. 

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

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

19 not later than each April 1 thereafter, the Service shall 

20 issue, including on a publicly available Federal Internet 

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

22 of— 

23 (1) all nonnative wildlife imported, using sci24 entific names of the wildlife to the species or sub25 species level, to the extent known; and 


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1 (2) cumulative quantities of imported wildlife 

2 and the regulatory status of the wildlife. 

3 (c) MONITORING IMPORT INFORMATION.—In con4 sultation with inspection, customs, and border officials in 

5 the Departments of Agriculture and Homeland Security, 

6 the Service shall regularly— 

7 (1) monitor the identities and quantities of non8 native wildlife taxa being imported, with particular 

9 emphasis on wildlife newly in the import trade to the 

10 United States; and 

11 (2) determine, to the maximum extent prac12 ticable, whether the newly traded taxa would meet 

13 the criteria for regulation, and should be regulated, 

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

15 SEC. 8. INJURIOUS WILDLIFE DETERMINATIONS. 

16 (a) IN GENERAL.—Immediately upon the date of en17 actment of this Act, the Secretary shall make more rapid 

18 determinations on proposals for regulation of wildlife 

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

20 (b) STREAMLINING OF DETERMINATIONS.—In car21 rying out subsection (a) and other provisions of this Act, 

22 the Secretary— 

23 (1) shall use the best available scientific risk 

24 screening systems or predictive models that apply to 

25 the taxon under consideration; 


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1 (2) shall forego time-consuming optional admin2 istrative steps, unless the Secretary determines the 

3 steps to be essential; and 

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

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

6 impact analyses. 

7 SEC. 9. EFFECT ON INJURIOUS WILDLIFE PROVISION. 

8 This Act and the regulations promulgated under this 

9 Act shall take precedence over any conflicting regulation 

10 promulgated under section 42 of title 18, United States 

11 Code. 

12 SEC. 10. PREVENTION OF WILDLIFE PATHOGENS AND 

13 PARASITES. 

14 (a) IN GENERAL.—The Secretary shall have the pri15 mary authority to prevent, and the primary responsibility 

16 for preventing, the importation of, and interstate com17 merce in, wildlife pathogens and harmful parasites. 

18 (b) REGULATIONS.— 

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

20 required under section 5(a), the Secretary shall pro21 mulgate such regulations as are necessary— 

22 (A) to minimize the likelihood of introduc23 tion or dissemination of any disease or harmful 

24 parasite of native or nonnative wildlife; and 


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1 (B) to impose any additional necessary im2 port restrictions, including management meas3 ures, health certifications, quarantine require4 ments, specifications for conveyances, holding 

5 water, and associated materials, shipment and 

6 handling requirements, and other measures that 

7 the Secretary determines to be necessary— 

8 (i) to prevent the importation of, and 

9 interstate commerce in, wildlife pathogens 

10 and harmful parasites; and 

11 (ii) to address— 

12 (I) a particular taxon; 

13 (II) the place of origin of a par14 ticular taxon; and 

15 (III) the conveyance and mate16 rials associated with wildlife trans17 port. 

18 (c) RELATIONSHIP TO OTHER AUTHORITIES.— 

19 (1) IN GENERAL.—Except as provided in para20 graph (2), the Secretary shall exclude from regula21 tion under this section any pathogen, parasite, or 

22 host taxon that is— 

23 (A) defined or regulated by the Depart24 ment of Health and Human Services as a 


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1 threat to humans under section 361 of the Pub2 lic Health Service Act (42 U.S.C. 264); 

3 (B) defined or regulated by the Depart4 ment of Agriculture as a threat to livestock or 

5 poultry under the Animal Health Protection Act 

6 (7 U.S.C. 8301 et seq.); or 

7 (C) specifically defined or regulated by the 

8 Department of Agriculture as a plant pest or 

9 approved for biological control purposes under 

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

11 seq.). 

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

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

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

15 the extent that the taxon also poses a wildlife dis16 ease risk. 

17 (d) COORDINATION.— 

18 (1) IN GENERAL.—In promulgating regulations 

19 under and otherwise carrying out this section and 

20 section 7, the Secretary shall consult and coordinate 

21 with— 

22 (A) other Federal agencies and depart23 ments with authority to regulate taxa; 

24 (B) State wildlife agencies; 

25 (C) State veterinarians; and 


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1 (D) other officials with related authorities. 

2 (2) CONSULTATION BY SECRETARY OF AGRI3 CULTURE.—In any case in which the Secretary of 

4 Agriculture participates in the World Organization 

5 for Animal Health, the Secretary of Agriculture 

6 shall confer and consult with the Secretary on any 

7 matters relating to prevention of wildlife diseases 

8 that may threaten the United States. 

9 SEC. 11. PROHIBITIONS. 

10 (a) PROHIBITIONS.—Except as provided in this sec11 tion or section 12, it shall be unlawful for any person sub12 ject to the jurisdiction of the United States— 

13 (1) to import into the United States any non14 native wildlife taxon the Service has designated as 

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

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

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

18 was imported in violation of this subsection; 

19 (2) to engage in interstate commerce for any 

20 nonnative wildlife taxon described in paragraph (1), 

21 or to knowingly possess such an animal, or the de22 scendant of an animal, that was transported in 

23 interstate commerce in violation of this subsection; 

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

25 issued to a qualified institution under section 12 for 


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

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

3 (4) to release into the wild any nonnative wild4 life taxon described in paragraph (1); 

5 (5) to violate any additional regulation promul6 gated by the Secretary as necessary to prevent the 

7 importation of, and interstate commerce in, wildlife 

8 pathogens and harmful parasites under this Act; or 

9 (6) to attempt any of the prohibited actions de10 scribed in paragraphs (1) through (5). 

11 (b) EXEMPTION FOR INTERSTATE TRANSPORTATION

12 OF ANIMALS OF LATER-REGULATED TAXA.— 

13 (1) IN GENERAL.—Except as provided in para14 graph (2), an individual animal that was lawfully 

15 owned prior to the taxa to which the animal belongs 

16 being regulated by the Service under this Act as In17 jurious II may be transported interstate without a 

18 permit by any person for noncommercial purposes 

19 only. 

20 (2) EXCEPTION.—The exemption under para21 graph (1) does not apply to an animal of any taxa 

22 designated by the Service as Injurious I. 

23 (c) LIMITATION ON APPLICATION.— 

24 (1) IN GENERAL.—The prohibitions in this sec25 tion shall not apply to— 


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

2 local law enforcement personnel to enforce this 

3 section; and 

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

5 local officials to prevent the introduction or es6 tablishment of nonnative wildlife, or wildlife 

7 pathogens or parasites, including actions to 

8 transport, hold, and shelter animals of taxa reg9 ulated under this Act. 

10 (2) IMPORTATION AND TRANSPORTATION BY

11 FEDERAL AGENCIES.—Nothing in this Act shall re12 strict the importation or transportation between any 

13 States of nonnative wildlife by a Federal agency for 

14 the use of the Federal agency if the nonnative wild15 life remains in the possession of a Federal agency. 

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

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

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

19 SEC. 12. PERMITS AND EXEMPTIONS FOR QUALIFIED INSTI20 TUTIONS AND LIVE ANIMAL TRANSPORTERS. 

21 (a) PERMITS.—The Service may issue to a qualified 

22 institution a permit authorizing any of the actions other23 wise prohibited under section 11 for any wildlife taxon 

24 designated under clause (i) or (ii) of section 5(a)(1)(A) 

25 or under section 6. 


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1 (b) TERMS AND CONDITIONS.—The Service may in2 clude in a permit under subsection (a) terms and condi3 tions to minimize the risk of introduction or establishment 

4 of nonnative wildlife, pathogens, and parasites in the 

5 United States. 

6 (c) EXEMPTION AND REPORTING.— 

7 (1) IN GENERAL.—No permit shall be required 

8 for any qualified institution or any live animal trans9 portation company or other live animal transporter 

10 that is in temporary possession of an animal deliv11 ering it to, or transporting it from, a qualified insti12 tution, to import or transport (on an interstate or 

13 intrastate basis), or possess or breed, any taxon that 

14 the Service has designated as an Injurious II taxon 

15 under section 5(a)(1)(A)(ii). 

16 (2) EXCLUSIONS.—The exemption described in 

17 paragraph (1) does not include the transfer of own18 ership of an Injurious II taxon to any person or en19 tity other than to another qualified institution. 

20 (3) RECORD.—Each qualified institution or live 

21 animal transporter that imports, transports (on an 

22 interstate or intrastate basis), possesses, or breeds 

23 any taxa designated as Injurious II shall maintain 

24 records, subject to annual inspection by the Service, 

25 at the discretion of the Service, that summarize the 


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1 transactions of the qualified institution or live ani2 mal transporter for the covered taxa. 

3 (d) REGULATIONS; LIST OF QUALIFIED INSTITU4 TIONS.—The Secretary shall— 

5 (1) promulgate regulations to implement this 

6 section; and 

7 (2) maintain a current roster of designated 

8 qualified institutions on a publicly available Federal 

9 Internet site and through other appropriate means. 

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, education, con15 servation 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 Service’s costs of the services it under11 takes listed in subsection (b), after such date as the user 

12 fee regulation under subsection (b) is fully implemented 

13 and the amounts of the fees received have been appro14 priated to the Injurious Wildlife Prevention Fund pursu15 ant to section 16(b)(2)(A) for at least one full fiscal year. 

16 (d) FEE LIMIT.—The amount of the additional fee 

17 to be charged on any live wildlife shipment under this sec18 tion shall be set by the Secretary only after fully consid19 ering public comments on the proposed fee regulation and 

20 it shall be charged broadly and fairly across the live wild21 life import industry and at the lowest level feasible to 

22 achieve the cost recovery purpose in subsection (c). The 

23 fees shall be set so that the annual total fee revenue shall 

24 not exceed the amount of the annual total fee revenue of 

25 the fee charged by the Service under the inspection proVerDate Mar 15 2010 02:05 Sep 27, 2012 Jkt 019200 PO 00000 Frm 00029 Fmt 6652 Sfmt 6201 E:\BILLS\S3606.IS S3606

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1 gram of the Service to oversee the importation of live wild2 life carried out pursuant to— 

3 (1) section 11(f) of the Endangered Species Act 

4 of 1973 (16 U.S.C. 1540(f)); 

5 (2) subpart I of part 14 of title 50, Code of 

6 Federal Regulations (or successor regulations); and 

7 (3) other applicable authority. 

8 SEC. 14. RELATIONSHIP TO STATE LAW. 

9 (a) PURPOSE.—The general purpose of this Act is 

10 improving Federal regulation of international importation 

11 and interstate commerce in injurious wildlife taxa. Posses12 sion of lawfully obtained injurious wildlife taxa within a 

13 State is intended to be a matter of State law and not to 

14 be Federally regulated or to require a Federal permit 

15 under this Act. 

16 (b) IN GENERAL.—Except as provided in subsection 

17 (c), nothing in this Act, or in the regulations and deter18 minations to be promulgated or issued by the Secretary 

19 or the Service under this Act, preempts or otherwise af20 fects the application of any State law that establishes 

21 more stringent requirements for— 

22 (1) the importation, transportation, possession, 

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

24 or any other transaction involving, any nonnative 

25 wildlife taxon; or 


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1 (2) the prevention of wildlife pathogens and 

2 harmful parasites. 

3 (c) LIMITATION ON APPLICATION OF PROHIBITIONS

4 TO PREVENT RELEASE.—The Service may limit the appli5 cation of this Act to facilitate implementation of any 

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

7 surrender of regulated nonnative wildlife, if the Service de8 termines that the limitation will prevent the release of that 

9 wildlife. 

10 SEC. 15. PENALTIES AND SANCTIONS. 

11 (a) CIVIL PENALTIES.— 

12 (1) CIVIL ADMINISTRATIVE PENALTIES.— 

13 (A) IN GENERAL.—Any person who is 

14 found by the Secretary, after notice and oppor15 tunity for a hearing conducted in accordance 

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

17 to have committed any act prohibited by section 

18 11 shall be liable to the United States for a 

19 civil penalty in an amount not to exceed 

20 $10,000 for each violation. 

21 (B) SUBPOENA POWER.—For the purposes 

22 of conducting any investigation or hearing 

23 under this Act, the Secretary may— 

24 (i) issue subpoenas for the attendance 

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1 tion of relevant papers, books, and docu2 ments; and 

3 (ii) administer oaths. 

4 (2) CIVIL JUDICIAL PENALTIES.—Any person 

5 who violates any provision of this Act, or any regula6 tion promulgated or permit issued under this Act, 

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

8 to exceed $500 for each such violation. 

9 (b) CRIMINAL OFFENSES.—Any person who know10 ingly violates any provision of this Act, or any regulation 

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

12 conviction, be guilty of a class A misdemeanor. 

13 (c) NATURAL RESOURCE DAMAGES.—All costs relat14 ing to the mitigation of injury caused by a violation of 

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

16 Act. 

17 (d) ENFORCEMENT.— 

18 (1) OTHER POWERS AND AUTHORITIES.—Any 

19 person authorized by the Secretary to enforce this 

20 Act shall have the same authorities as are described 

21 in section 6 of the Lacey Act Amendments of 1981 

22 (16 U.S.C. 3375). 

23 (2) FORFEITURE.— 


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1 (A) IN GENERAL.—A person who is deter2 mined to have violated any provision of this Act 

3 shall forfeit to the United States— 

4 (i) any property, real or personal, 

5 taken or retained in connection with or as 

6 a result of the offense; and 

7 (ii) any property, real or personal, 

8 used or intended to be used to commit or 

9 to facilitate the commission of the offense. 

10 (B) DISPOSAL OF PROPERTY.—Upon the 

11 forfeiture to the United States of any property 

12 or item described in clause (i) or (ii) of sub13 paragraph (A), or upon the abandonment or 

14 waiver of any claim to any such property or 

15 item, the property or item shall be disposed of 

16 by the Secretary in a manner consistent with 

17 the purpose of this Act. 

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

19 rights, and duties conferred or imposed by the customs 

20 laws upon any officer or employee of the Customs Service 

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

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

23 United States as the Secretary may designate. 


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1 SEC. 16. INJURIOUS WILDLIFE PREVENTION FUND. 

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

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

4 the ‘‘Injurious Wildlife Prevention Fund’’, to be adminis5 tered by the Secretary, and to be available without fiscal 

6 year limitation and subject to appropriation, for use in ac7 cordance with subsection (c). 

8 (b) TRANSFERS TO FUND.— 

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

10 such amounts as are appropriated to the Fund 

11 under paragraph (2). 

12 (2) FEES AND PENALTIES.—There are appro13 priated to the Fund, out of funds of the Treasury 

14 not otherwise appropriated, amounts equivalent to 

15 amounts collected— 

16 (A) as user fees and received in the Treas17 ury under section 13(a); 

18 (B) as civil administrative or judicial pen19 alties under section 15; and 

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

21 section 42 of title 18, United States Code (in22 cluding a regulation promulgated under that 

23 section). 

24 (c) USE OF FUNDS.— 

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

26 the Fund for a fiscal year— 


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1 (A) 75 percent shall be available to the 

2 Secretary for use in carrying out this Act (other 

3 than paragraph (2)); and 

4 (B) 25 percent shall be used by the Sec5 retary to carry out paragraph (2). 

6 (2) AID FOR STATE WILDLIFE RISK ASSESS7 MENTS.— 

8 (A) IN GENERAL.—The Secretary shall es9 tablish a program to provide natural resource 

10 assistance grants to States for use in sup11 porting best practices and capacity-building by 

12 States, consistent with the purpose of this Act, 

13 for— 

14 (i) inspecting and monitoring wildlife 

15 imports and interstate commerce; and 

16 (ii) conducting assessments of risk as17 sociated with the intentional importation of 

18 nonnative wildlife taxa. 

19 (B) ADMINISTRATION.—The program 

20 under this paragraph shall be administered by 

21 the Service under the Federal Aid to States 

22 program of the Service. 

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

24 be made available for any purpose other than a purpose 

25 described in subsection (c). 


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1 (e) ANNUAL REPORTS.— 

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

3 the end of each fiscal year beginning with fiscal year 

4 2011, the Secretary shall submit to the Committee 

5 on Appropriations of the House of Representatives, 

6 the Committee on Appropriations of the Senate, the 

7 Committee on Environment and Public Works of the 

8 Senate, and the Committee on Natural Resources of 

9 the House of Representatives a report on the oper10 ation of the Fund during the fiscal year. 

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

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

13 (A) A statement of the amounts deposited 

14 in the Fund. 

15 (B) A description of the expenditures made 

16 from the Fund for the fiscal year, including the 

17 purpose of the expenditures. 

18 (C) Recommendations for additional au19 thorities to fulfill the purpose of the Fund. 

20 (D) A statement of the balance remaining 

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

22 (f) SEPARATE APPROPRIATIONS ACCOUNT.—Section 

23 1105(a) of title 31, United States Code, is amended— 

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

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


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

2 (relating to obligational authority and outlays re3 quested for homeland security) as paragraph (35); 

4 and 

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

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

7 Wildlife Prevention Fund established by section 

8 16(a) of the Invasive Wildlife Prevention Act of 

9 2012, which shall include the estimated amount of 

10 deposits in the Fund, obligations, and outlays from 

11 the Fund.’’. 

12 SEC. 17. RELATIONSHIP TO OTHER FEDERAL LAWS. 

13 Nothing in this Act— 

14 (1) repeals, supersedes, or modifies any provi15 sion of— 

16 (A) the Public Health Service Act (42 

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

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

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

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

21 7701 et seq.); or 

22 (D) the Animal Health Protection Act (7 

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

24 (2) authorizes any action with respect to the 

25 importation of any plant pest, including a biological 


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

2 U.S.C. 150aa et seq.), to the extent that the impor3 tation is subject to regulation under that Act. 

4 SEC. 18. REQUIREMENT TO PROMULGATE REGULATIONS. 

5 In addition to regulations required under section 5 

6 and other provisions of this Act, the Secretary shall pro7 mulgate such regulations as are necessary to carry out this 

8 Act. 

Æ 


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