I 

113TH CONGRESS 

1ST SESSION H. R. 996 

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 HOUSE OF REPRESENTATIVES 

MARCH 6, 2013 

Ms. SLAUGHTER (for herself, Mr. RANGEL, Mr. LEVIN, Mr. HIGGINS, Mr. 

ELLISON, Mr. HASTINGS of Florida, Mr. BLUMENAUER, Mr. GRIJALVA, 

Ms. BORDALLO, Mr. MAFFEI, Ms. LEE of California, Mr. CONYERS, Mrs. 

CAPPS, Mr. MORAN, Ms. KAPTUR, Mr. WALZ, Mr. MURPHY of Florida, 

Mr. SABLAN, Mr. FARR, Mrs. CAROLYN B. MALONEY of New York, Mr. 

PETERS of Michigan, Mr. RYAN of Ohio, Ms. PINGREE of Maine, and Mr. 

DINGELL) 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 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, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Invasive Fish and 

3 Wildlife Prevention Act’’. 

4 SEC. 2. PURPOSE. 

5 The purpose of this Act is to establish an improved 

6 regulatory process for injurious wildlife to prevent the in7 troduction and establishment in the United States of non8 native wildlife and wild animal pathogens and parasites 

9 that are likely to cause— 

10 (1) economic or environmental harm; or 

11 (2) harm to humans or animal health. 

12 SEC. 3. DEFINITIONS. 

13 In this Act: 

14 (1) APPROVED WILDLIFE SANCTUARY.—The 

15 term ‘‘approved wildlife sanctuary’’ means a sanc16 tuary that cares for wildlife species that— 

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

18 taxation under section 501(a) of the Internal 

19 Revenue Code 1986 and is described in sections 

20 501(c)(3) and 170(b)(1)(A)(vi) of that Code; or 

21 (ii) is an educational entity; 

22 (B) does not commercially trade in animals 

23 regulated under this Act, including offspring, 

24 parts, and byproducts of those animals; 

25 (C) does not propagate animals regulated 

26 under this Act; and 


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1 (D) meets any additional criteria that the 

2 Service determines are necessary and consistent 

3 with the purpose of this Act. 

4 (2) AQUATIC NUISANCE SPECIES TASK

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

6 Force’’ means the Aquatic Nuisance Species Task 

7 Force established under section 1201 of the Non8 indigenous Aquatic Nuisance Prevention and Control 

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

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

11 the Director of the United States Fish and Wildlife 

12 Service. 

13 (4) FUND.—The term ‘‘Fund’’ means the Inju14 rious Wildlife Prevention Fund established by sec15 tion 16(a). 

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

17 bring into, or introduce into, or attempt to bring 

18 into, or introduce into, any place subject to the ju19 risdiction of the United States, regardless of whether 

20 the bringing into or introduction constitutes an im21 portation within the meaning of the customs laws of 

22 the United States. 

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

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


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1 Indian Self-Determination and Education Assistance 

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

3 (7) NATIONAL INVASIVE SPECIES COUNCIL.— 

4 The term ‘‘National Invasive Species Council’’ 

5 means the National Invasive Species Council estab6 lished by Executive Order 13112 on February 8, 

7 1999 (64 Fed. Reg. 6183). 

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

9 to a wildlife taxon, means a wildlife taxon that his10 torically occurred or currently occurs in the United 

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

12 unintentional introduction by humans. 

13 (9) NONNATIVE WILDLIFE TAXON.— 

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

15 wildlife taxon’’ means any family, genus, spe16 cies, or subspecies of live animal that is not na17 tive to the United States, regardless of whether 

18 the animal was born or raised in captivity. 

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

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

21 gamete, or other reproductive material or off22 spring of an animal of a family, genus, species, 

23 or subspecies described in subparagraph (A). 

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

25 wildlife taxon’’ does not include— 


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1 (i) any taxon that is— 

2 (I) specifically defined or regu3 lated as a plant pest or approved for 

4 biological control purposes under the 

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

6 et seq.); or 

7 (II) defined or regulated as a 

8 threat to livestock or poultry under 

9 the Animal Health Protection Act (7 

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

11 (ii) any common and clearly domes12 ticated species or subspecies, including— 

13 (I) cat (Felis catus); 

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

15 (III) chicken (Gallus gallus 

16 domesticus); 

17 (IV) common canary (Serinus 

18 canaria domesticus); 

19 (V) dog (Canis lupus familiaris); 

20 (VI) donkey or ass (Equus 

21 asinus); 

22 (VII) domesticated members of 

23 the family Anatidae (geese); 

24 (VIII) duck (domesticated Anas 

25 spp.); 


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1 (IX) domesticated ferret 

2 (Mustela furo); 

3 (X) gerbil (Meriones 

4 unguiculatus); 

5 (XI) goat (Capra aegagrus 

6 hircus); 

7 (XII) guinea pig or Cavy (Cavia 

8 porcellus); 

9 (XIII) goldfish (Carassius 

10 auratus auratus); 

11 (XIV) domesticated hamsters 

12 (Cricetulus griseus, Mesocricetus 

13 auratus, Phodopus campbelli, 

14 Phodopus sungorus, and Phodopus 

15 roborovskii); 

16 (XV) horse (Equus caballus); 

17 (XVI) llama (Lama glama); 

18 (XVII) mule or hinny (Equus 

19 caballus x E. asinus); 

20 (XVIII) pig or hog (Sus scrofa 

21 domestica); 

22 (XIX) domesticated varieties of 

23 rabbit (Oryctolagus cuniculus); 

24 (XX) sheep (Ovis aries); or 


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1 (XXI) any other species or sub2 species that the Director determines 

3 to be common and clearly domes4 ticated. 

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

6 (A) an individual, corporation, partnership, 

7 trust, association, or other private entity; 

8 (B) any officer, employee, agent, depart9 ment, or instrumentality of the Federal Govern10 ment, or of any tribal government, or of any 

11 State, municipality, or political subdivision of a 

12 State, or of any foreign government; and 

13 (C) any other entity subject to the jurisdic14 tion of the Federal United States. 

15 (11) QUALIFIED INSTITUTION.—The term 

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

17 determined by the Director to be— 

18 (A) for scientific, veterinary, or medical re19 search or education, or a zoo or aquarium ac20 credited by the Association of Zoos and Aquar21 iums; or 

22 (B) an approved wildlife sanctuary. 

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

24 means the Secretary of the Interior. 

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


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1 (A) each of the several States of the 

2 United States; 

3 (B) the District of Columbia; 

4 (C) the Commonwealth of Puerto Rico; 

5 (D) Guam; 

6 (E) American Samoa; 

7 (F) the Commonwealth of the Northern 

8 Mariana Islands; 

9 (G) the Federated States of Micronesia; 

10 (H) the Republic of the Marshall Islands; 

11 (I) the Republic of Palau; and 

12 (J) the United States Virgin Islands. 

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

14 States’’ means— 

15 (A) the States; and 

16 (B) any land and water, including the ter17 ritorial sea and the Exclusive Economic Zone, 

18 within the jurisdiction or sovereignty of the 

19 Federal Government. 

20 SEC. 4. PROPOSALS FOR REGULATION OF NONNATIVE 

21 WILDLIFE TAXA. 

22 (a) PROPOSALS.—Any person or entity, or the Direc23 tor, at the discretion of the Director, may propose the reg24 ulation of, or revised regulation of, 1 or more taxa. 


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1 (b) INFORMATION.—A proposal by a person or agen2 cy should include adequate information to allow the Direc3 tor to determine whether the taxon meets the criteria for 

4 designation as Injurious I or Injurious II under section 

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

6 (c) PUBLIC AND AGENCY COMMENT.— 

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

8 that the Director determines to be complete, and for 

9 any proposal the Director elects to prepare, the Di10 rector shall publish notice of the proposal in the 

11 Federal Register and provide an opportunity for at 

12 least 60 days of public comment. 

13 (2) REGULATIONS FOR COMPLETE PRO14 POSALS.—Not later than 180 days after the date of 

15 enactment of this Act, the Secretary, acting through 

16 the Director, shall promulgate regulations on the cri17 teria for complete proposals. 

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

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

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

21 a determination as to whether the proposal should be ap22 proved or disapproved. 

23 (e) NOTICE OF DETERMINATION.—The Director 

24 shall— 


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

2 determination made under subsection (d); and 

3 (2) make the basis for the determination avail4 able on a publicly available Federal Internet site. 

5 SEC. 5. SCIENTIFIC RISK ASSESSMENT AND RISK DETER6 MINATION REGULATIONS. 

7 (a) ASSESSMENT AND DETERMINATION.— 

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

9 through the Director, shall promulgate regulations— 

10 (A) to further specify the criteria for regu11 lating a nonnative wildlife taxon as— 

12 (i) an Injurious I taxon, which shall 

13 be a taxon— 

14 (I) that the Director deter15 mines— 

16 (aa) to be injurious to 

17 human beings, the interests of 

18 agriculture, horticulture, or for19 estry, or wildlife or wildlife re20 sources of the United States; and 

21 (bb) to have a high degree 

22 of potential harm and is a taxon 

23 with which qualified institutions 

24 have not previously had signifi25 cant experience in maintaining 


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1 successfully in captivity and pre2 venting escapes or releases; and 

3 (II) except as provided in section 

4 12, the importation and transpor5 tation of which in interstate commerce 

6 shall be conducted only pursuant to a 

7 permit issued under section 12 to a 

8 qualified institution; or 

9 (ii) an Injurious II taxon, which shall 

10 be a taxon— 

11 (I) that the Director deter12 mines— 

13 (aa) to be injurious to 

14 human beings, the interests of 

15 agriculture, horticulture, or for16 estry, or wildlife or wildlife re17 sources of the United States; but 

18 (bb) to have a degree of po19 tential for harm that is less than 

20 the degree of potential harm of 

21 an Injurious I taxon or is a taxon 

22 with which qualified institutions 

23 have previously had significant 

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1 cessfully in captivity and pre2 venting escapes or releases; and 

3 (II) for which no permit is re4 quired if the taxon is— 

5 (aa) imported to a qualified 

6 institution; 

7 (bb) transported in inter8 state commerce and intrastate 

9 commerce to and among qualified 

10 institutions; or 

11 (cc) held by a qualified insti12 tution; 

13 (B) to establish a process for assessing and 

14 analyzing the risks of taxa that may have been, 

15 or foreseeably could be, imported into, or found 

16 in interstate commerce within, the United 

17 States; and 

18 (C) that may also provide for cases in 

19 which exceptions or additions to the Injurious I 

20 taxon or Injurious II taxon criteria may be nec21 essary to address extraordinary risks. 

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

23 Director shall— 


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1 (A) ensure that the risk assessment and 

2 risk determination processes conducted under 

3 this section are based on sound science; and 

4 (B) make the results of each such assess5 ment and determination available to the public. 

6 (3) PREVIOUSLY LISTED TAXA.—Each wildlife 

7 taxon previously designated by statute or by the Sec8 retary as injurious under section 42(a) of title 18, 

9 United States Code (including under any regulation 

10 promulgated under that authority), shall, after the 

11 effective date of the final regulations promulgated 

12 under this subsection, be promptly designated by the 

13 Director as an Injurious I taxon or Injurious II 

14 taxon under this subsection, based on a determina15 tion by the Director of whether the taxon meets the 

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

17 paragraph (1)(A). 

18 (4) DEADLINES.— 

19 (A) PROPOSED REGULATIONS.—Not later 

20 than 1 year after the date of enactment of this 

21 Act, the Secretary shall publish in the Federal 

22 Register a proposed version of the regulations 

23 required under this subsection. 

24 (B) FINAL REGULATIONS.—Not later than 

25 18 months after the date of enactment of this 


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1 Act, the Secretary shall promulgate final regu2 lations required under this subsection, including 

3 a public notification of the process for submis4 sion of a proposal under section 4(a). 

5 (C) ADDITIONAL REQUIREMENT OF PRE6 IMPORT RISK SCREENING FOR ALL TAXA NOVEL

7 TO THE UNITED STATES.— 

8 (i) IN GENERAL.—Not later than 3 

9 years after the date of enactment of this 

10 Act, the Secretary shall by regulation— 

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

12 wildlife taxa novel to the United 

13 States’’ for the purpose of this sec14 tion; and 

15 (II) set forth a process to ensure 

16 that all unregulated non-native wild17 life taxa novel to the United States 

18 are thereafter reviewed by the Direc19 tor prior to allowance of their impor20 tation to the United States to deter21 mine whether they should be regu22 lated under any of clause (i) or (ii) of 

23 paragraph (1)(A). 

24 (ii) AVOIDANCE OF NEW INCEN25 TIVES.—In promulgating the regulation 


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1 under clause (i), the Secretary shall seek 

2 to avoid creating a new incentive for ani3 mal importers to import novel taxa prior to 

4 the effective date of the regulation. 

5 (iii) NEW REGULATION FOR IMPORTS

6 OF TAXA NOVEL TO THE UNITED

7 STATES.—Not later than 1 year after the 

8 date of promulgation of the regulation 

9 under clause (i), the Secretary shall imple10 ment the regulation. 

11 (b) SCIENTIFIC RISK ASSESSMENT.—The regulations 

12 promulgated under subsection (a) shall require consider13 ation, in an initial scientific risk assessment of a taxon, 

14 of at least— 

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

16 taxon; 

17 (2) whether the taxon has established or 

18 spread, or caused harm to the economy, the environ19 ment, or the health of other animal species in the 

20 United States or in an ecosystem similar to an eco21 system in the United States; 

22 (3) whether environmental conditions suitable 

23 for the establishment or spread of the taxon exist or 

24 will exist in the United States; 


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1 (4) the likelihood of establishment and spread 

2 of the taxon; 

3 (5) whether the taxon will cause harm to 

4 human beings, to the interests of agriculture, horti5 culture, forestry, or to wildlife or the wildlife re6 sources of the United States; 

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

8 or facilities of the National Park System or other 

9 public land; 

10 (7) the best available scientific risk screening 

11 systems or predictive models that apply to the taxon; 

12 and 

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

14 any, associated with the taxon, in accordance with 

15 the purpose of this Act. 

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

17 nonnative wildlife taxon as an Injurious I taxon or Inju18 rious II taxon under subsection (a), after conducting a 

19 risk assessment, the Director shall prepare a risk deter20 mination that takes into consideration— 

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

22 (2) at a minimum— 

23 (A) the capabilities and any efforts of 

24 States, local governments, and Indian tribes to 

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1 rector with respect to the taxon, including the 

2 results of any risk assessments conducted for 

3 the taxon that are available to the Director; 

4 (B) the potential for reduction, mitigation, 

5 control, and management of any risks identi6 fied; and 

7 (C) whether any risks identified already 

8 are adequately addressed under other applicable 

9 law. 

10 (d) DISCRETIONARY ANALYSIS.— 

11 (1) IN GENERAL.—In preparing the risk deter12 mination for a taxon, the Director may consider the 

13 economic, social, and cultural impacts of a decision 

14 on whether to regulate the taxon. 

15 (2) OTHER REQUIREMENTS.—This section shall 

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

17 other requirement to complete an analysis under, 

18 any other law (including a regulation or Executive 

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

20 (e) NOTICE AND CONSULTATION.—In promulgating 

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

22 and consult with, at a minimum— 

23 (1) affected States, Indian tribes, qualified in24 stitutions, and other stakeholders; 

25 (2) the Aquatic Nuisance Species Task Force; 


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1 (3) the National Invasive Species Council; 

2 (4) the Department of Agriculture; 

3 (5) the Centers for Disease Control and Preven4 tion; and 

5 (6) the National Oceanic and Atmospheric Ad6 ministration. 

7 SEC. 6. EMERGENCY TEMPORARY DESIGNATION. 

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

9 emergency exists because an unregulated nonnative wild10 life taxon poses an imminent threat of harm to individuals 

11 in or wildlife of the United States, or the economy or envi12 ronment of the United States, the Director may imme13 diately temporarily designate the nonnative wildlife taxon 

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

15 (b) NOTICE OF TEMPORARY DESIGNATION.—The Di16 rector shall promptly— 

17 (1) publish in the Federal Register notice of 

18 each temporary designation under this subsection; 

19 and 

20 (2) make the basis for the designation available 

21 on a publicly available Federal Internet site and 

22 through other appropriate means. 

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

24 temporarily designating a nonnative wildlife taxon using 


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1 the emergency authority under this section, the Director 

2 shall— 

3 (1) make a final determination regarding 

4 whether the taxon should be further regulated under 

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

6 (2) publish notice of that final determination in 

7 the Federal Register; and 

8 (3) make the basis for the determination avail9 able on a publicly available Federal Internet site. 

10 (d) LIMITATION ON PROCEDURES.—The procedures 

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

12 5, United States Code, shall not apply to temporary des13 ignations under this section. 

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

15 requests a temporary emergency designation under this 

16 section, the Director shall respond promptly with a written 

17 determination on the request. 

18 SEC. 7. INFORMATION ON IMPORTED ANIMALS. 

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

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

21 enactment of this Act, establish an electronic data22 base that describes, using scientific names to the 

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

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1 ulatory status of the wildlife, in a form that permits 

2 that information to be rapidly accessed; and 

3 (2) not later than 30 days after the date of im4 portation of wildlife described in paragraph (1), 

5 make the information described in that paragraph 

6 (other than confidential business information associ7 ated with those imports that is protected under 

8 other Federal law) available on a publicly available 

9 Federal Internet site. 

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

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

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

13 issue, including on a publicly available Federal Internet 

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

15 of— 

16 (1) all nonnative wildlife imported, using sci17 entific names of the wildlife to the species or sub18 species level, to the extent known; and 

19 (2) cumulative quantities of imported wildlife 

20 and the regulatory status of the wildlife. 

21 (c) MONITORING IMPORT INFORMATION.—In con22 sultation with inspection, customs, and border officials in 

23 the Departments of Agriculture and Homeland Security, 

24 the Director shall regularly— 


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1 (1) monitor the identities and quantities of non2 native wildlife taxa being imported, with particular 

3 emphasis on wildlife newly in the import trade to the 

4 United States; and 

5 (2) determine, to the maximum extent prac6 ticable, whether the newly traded taxa would meet 

7 the criteria for regulation, and should be regulated, 

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

9 SEC. 8. INJURIOUS WILDLIFE DETERMINATIONS. 

10 (a) IN GENERAL.—Immediately upon the date of en11 actment of this Act, the Secretary shall make more rapid 

12 determinations on proposals for regulation of wildlife 

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

14 (b) STREAMLINING OF DETERMINATIONS.—In car15 rying out subsection (a) and other provisions of this Act, 

16 the Secretary— 

17 (1) shall use the best available scientific risk 

18 screening systems or predictive models that apply to 

19 the taxon under consideration; 

20 (2) shall forego time-consuming optional admin21 istrative steps, unless the Secretary determines the 

22 steps to be essential; and 

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

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

25 impact analyses. 


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1 SEC. 9. EFFECT ON INJURIOUS WILDLIFE PROVISION. 

2 This Act and the regulations promulgated under this 

3 Act shall take precedence over any conflicting regulation 

4 promulgated under section 42 of title 18, United States 

5 Code. 

6 SEC. 10. PREVENTION OF WILDLIFE PATHOGENS AND 

7 PARASITES. 

8 (a) IN GENERAL.—The Secretary shall have the pri9 mary authority to prevent, and the primary responsibility 

10 for preventing, the importation of, and interstate com11 merce in, wildlife pathogens and harmful parasites. 

12 (b) REGULATIONS.— 

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

14 required under section 5(a), the Secretary shall pro15 mulgate such regulations as are necessary— 

16 (A) to minimize the likelihood of introduc17 tion or dissemination of any disease or harmful 

18 parasite of native or nonnative wildlife; and 

19 (B) to impose any additional necessary im20 port restrictions, including management meas21 ures, health certifications, quarantine require22 ments, specifications for conveyances, holding 

23 water, and associated materials, shipment and 

24 handling requirements, and other measures that 

25 the Secretary determines to be necessary— 


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1 (i) to prevent the importation of, and 

2 interstate commerce in, wildlife pathogens 

3 and harmful parasites; and 

4 (ii) to address— 

5 (I) a particular taxon; 

6 (II) the place of origin of a par7 ticular taxon; and 

8 (III) the conveyance and mate9 rials associated with wildlife trans10 port. 

11 (c) RELATIONSHIP TO OTHER AUTHORITIES.— 

12 (1) IN GENERAL.—Except as provided in para13 graph (2), the Secretary shall exclude from regula14 tion under this section any pathogen, parasite, or 

15 host taxon that is— 

16 (A) defined or regulated by the Depart17 ment of Health and Human Services as a 

18 threat to humans under section 361 of the Pub19 lic Health Service Act (42 U.S.C. 264); 

20 (B) defined or regulated by the Depart21 ment of Agriculture as a threat to livestock or 

22 poultry under the Animal Health Protection Act 

23 (7 U.S.C. 8301 et seq.); or 

24 (C) specifically defined or regulated by the 

25 Department of Agriculture as a plant pest or 


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1 approved for biological control purposes under 

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

3 seq.). 

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

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

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

7 the extent that the taxon also poses a wildlife dis8 ease risk. 

9 (d) COORDINATION.— 

10 (1) IN GENERAL.—In promulgating regulations 

11 under and otherwise carrying out this section and 

12 section 7, the Secretary shall consult and coordinate 

13 with— 

14 (A) other Federal agencies and depart15 ments with authority to regulate taxa; 

16 (B) State wildlife agencies; 

17 (C) State veterinarians; and 

18 (D) other officials with related authorities. 

19 (2) CONSULTATION BY SECRETARY OF AGRI20 CULTURE.—In any case in which the Secretary of 

21 Agriculture participates in the World Organization 

22 for Animal Health, the Secretary of Agriculture 

23 shall confer and consult with the Secretary on any 

24 matters relating to prevention of wildlife diseases 

25 that may threaten the United States. 


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1 SEC. 11. PROHIBITIONS. 

2 (a) PROHIBITIONS.—Except as provided in this sec3 tion or section 12, it shall be unlawful for any person sub4 ject to the jurisdiction of the United States— 

5 (1) to import into the United States any non6 native wildlife taxon the Director has designated as 

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

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

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

10 was imported in violation of this subsection; 

11 (2) to engage in interstate commerce for any 

12 nonnative wildlife taxon described in paragraph (1), 

13 or to knowingly possess such an animal, or the de14 scendant of an animal, that was transported in 

15 interstate commerce in violation of this subsection; 

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

17 issued to a qualified institution under section 12 for 

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

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

20 (4) to release into the wild any nonnative wild21 life taxon described in paragraph (1); 

22 (5) to violate any additional regulation promul23 gated by the Secretary as necessary to prevent the 

24 importation of, and interstate commerce in, wildlife 

25 pathogens and harmful parasites under this Act; or 


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1 (6) to attempt any of the prohibited actions de2 scribed in paragraphs (1) through (5). 

3 (b) EXEMPTION FOR INTERSTATE TRANSPORTATION

4 OF ANIMALS OF LATER-REGULATED TAXA.— 

5 (1) IN GENERAL.—Except as provided in para6 graph (2), an individual animal that was lawfully 

7 owned prior to the taxa to which the animal belongs 

8 being regulated by the Director under this Act as 

9 Injurious II may be transported interstate without a 

10 permit by any person for noncommercial purposes 

11 only. 

12 (2) EXCEPTION.—The exemption under para13 graph (1) does not apply to an animal of any taxa 

14 designated by the Director as Injurious I. 

15 (c) LIMITATION ON APPLICATION.— 

16 (1) IN GENERAL.—The prohibitions in this sec17 tion shall not apply to— 

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

19 local law enforcement personnel to enforce this 

20 section; and 

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

22 local officials to prevent the introduction or es23 tablishment of nonnative wildlife, or wildlife 

24 pathogens or parasites, including actions to 


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1 transport, hold, and shelter animals of taxa reg2 ulated under this Act. 

3 (2) IMPORTATION AND TRANSPORTATION BY

4 FEDERAL AGENCIES.—Nothing in this Act shall re5 strict the importation or transportation between any 

6 States of nonnative wildlife by a Federal agency for 

7 the use of the Federal agency if the nonnative wild8 life remains in the possession of a Federal agency. 

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

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

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

12 SEC. 12. PERMITS AND EXEMPTIONS FOR QUALIFIED INSTI13 TUTIONS AND LIVE ANIMAL TRANSPORTERS. 

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

15 institution a permit authorizing any of the actions other16 wise prohibited under section 11 for any wildlife taxon 

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

18 or under section 6. 

19 (b) TERMS AND CONDITIONS.—The Director may in20 clude in a permit under subsection (a) terms and condi21 tions to minimize the risk of introduction or establishment 

22 of nonnative wildlife, pathogens, and parasites in the 

23 United States. 

24 (c) EXEMPTION AND REPORTING.— 


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

2 for any qualified institution or any live animal trans3 portation company or other live animal transporter 

4 that is in temporary possession of an animal deliv5 ering it to, or transporting it from, a qualified insti6 tution, to import or transport (on an interstate or 

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

8 the Director has designated as an Injurious II taxon 

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

10 (2) DISPLAY EXEMPTION.—No permit shall be 

11 required for the import, interstate or intrastate 

12 transportation, possession, or breeding of an Inju13 rious I taxon by a qualified zoo or aquarium institu14 tion. 

15 (3) EXCLUSIONS.—The exemptions described in 

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

17 of ownership of an Injurious I taxon or the transfer 

18 of ownership of an Injurious II taxon to any person 

19 or entity other than to another qualified institution. 

20 (4) 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 I or II shall main24 tain records, subject to annual inspection by the Di25 rector, at the discretion of the Director, that sumVerDate Mar 15 2010 03:30 Mar 08, 2013 Jkt 029200 PO 00000 Frm 00028 Fmt 6652 Sfmt 6201 E:\BILLS\H996.IH H996

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1 marize the transactions of the qualified institution 

2 or live animal 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 (e) REPORT.—Not later than March 1 of each year, 

11 a qualified zoo or aquarium shall submit to the Director 

12 a report on the imports, interstate or intrastate transpor13 tation, possession, or breeding of any Injurious I taxon 

14 by the qualified zoo or aquarium for the preceding cal15 endar year. 

16 SEC. 13. USER FEES. 

17 (a) DEFINITION OF LIVE WILDLIFE SHIPMENTS.— 

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

19 include shipments made by qualified institutions for sci20 entific, veterinary, or medical research, medical research, 

21 education, conservation outreach, or display purposes. 

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

23 the date of enactment of this Act, the Secretary shall pro24 pose, and subsequently adopt, by regulation, a reasonable 


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1 fee to be charged on imported live wildlife shipments for 

2 use in recovering a portion of the costs of— 

3 (1) improving the information available on the 

4 importation and interstate commerce trade of wild5 life; 

6 (2) monitoring that information under section 

7 7; 

8 (3) conducting risk assessments and risk anal9 yses for nonnative wildlife taxa in that trade under 

10 sections 4 and 5; 

11 (4) making emergency designations under sec12 tion 6; and 

13 (5) preventing wildlife pathogens and parasites 

14 under section 10. 

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

16 user fees in this section shall be to recover approximately 

17 75 percent of the costs to the Director for the services 

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

19 regulation under subsection (b) is fully implemented and 

20 the amounts of the fees received have been appropriated 

21 to the Injurious Wildlife Prevention Fund pursuant to sec22 tion 16(b)(2)(A) for at least one full fiscal year. 

23 (d) FEE LIMIT.— 

24 (1) IN GENERAL.—The amount of the addi25 tional fee to be charged on any live wildlife shipment 


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1 under this section shall be set by the Secretary only 

2 after fully considering public comments on the pro3 posed fee regulation and it shall be charged broadly 

4 and fairly across the live wildlife import industry 

5 and at the lowest level feasible to achieve the cost 

6 recovery purpose in subsection (c). 

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

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

9 not exceed the amount of the annual total fee rev10 enue of the fee charged by the Director under the 

11 inspection program of the Director to oversee the 

12 importation of live wildlife carried out pursuant to— 

13 (A) section 11(f) of the Endangered Spe14 cies Act of 1973 (16 U.S.C. 1540(f)); 

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

16 of Federal Regulations (or successor regula17 tions); and 

18 (C) other applicable authority. 

19 SEC. 14. RELATIONSHIP TO STATE LAW. 

20 (a) POSSESSION OF LAWFULLY OBTAINED INJU21 RIOUS WILDLIFE TAXA.—Possession of lawfully obtained 

22 injurious wildlife taxa within a State shall— 

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

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


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1 (B) not require a Federal permit under this 

2 Act. 

3 (b) REGULATIONS AND DETERMINATIONS.—Except 

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

5 the regulations and determinations to be promulgated or 

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

7 preempts or otherwise affects the application of any State 

8 law that establishes more stringent requirements for— 

9 (1) the importation, transportation, possession, 

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

11 or any other transaction involving, any nonnative 

12 wildlife taxon; or 

13 (2) the prevention of wildlife pathogens and 

14 harmful parasites. 

15 (c) LIMITATION ON APPLICATION OF PROHIBITIONS

16 TO PREVENT RELEASE.—The Director may limit the ap17 plication of this Act to facilitate implementation of any 

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

19 surrender of regulated nonnative wildlife, if the Director 

20 determines that the limitation will prevent the release of 

21 that wildlife. 

22 SEC. 15. PENALTIES AND SANCTIONS. 

23 (a) CIVIL PENALTIES.— 

24 (1) CIVIL ADMINISTRATIVE PENALTIES.— 


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1 (A) IN GENERAL.—Any person who is 

2 found by the Secretary, after notice and oppor3 tunity for a hearing conducted in accordance 

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

5 to have committed any act prohibited by section 

6 11 shall be liable to the United States for a 

7 civil penalty in an amount not to exceed 

8 $10,000 for each violation. 

9 (B) SUBPOENA POWER.—For the purposes 

10 of conducting any investigation or hearing 

11 under this Act, the Secretary may— 

12 (i) issue subpoenas for the attendance 

13 and testimony of witnesses and the produc14 tion of relevant papers, books, and docu15 ments; and 

16 (ii) administer oaths. 

17 (2) CIVIL JUDICIAL PENALTIES.—Any person 

18 who violates any provision of this Act, or any regula19 tion promulgated or permit issued under this Act, 

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

21 to exceed $500 for each such violation. 

22 (b) CRIMINAL OFFENSES.—Any person who know23 ingly violates any provision of this Act, or any regulation 

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

25 conviction, be guilty of a class A misdemeanor. 


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1 (c) NATURAL RESOURCE DAMAGES.—All costs relat2 ing to the mitigation of injury caused by a violation of 

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

4 Act. 

5 (d) ENFORCEMENT.— 

6 (1) OTHER POWERS AND AUTHORITIES.—Any 

7 person authorized by the Secretary to enforce this 

8 Act shall have the same authorities as are described 

9 in section 6 of the Lacey Act Amendments of 1981 

10 (16 U.S.C. 3375). 

11 (2) FORFEITURE.— 

12 (A) IN GENERAL.—A person who is deter13 mined to have violated any provision of this Act 

14 shall forfeit to the United States— 

15 (i) any property, real or personal, 

16 taken or retained in connection with or as 

17 a result of the offense; and 

18 (ii) any property, real or personal, 

19 used or intended to be used to commit or 

20 to facilitate the commission of the offense. 

21 (B) DISPOSAL OF PROPERTY.—Upon the 

22 forfeiture to the United States of any property 

23 or item described in clause (i) or (ii) of sub24 paragraph (A), or upon the abandonment or 

25 waiver of any claim to any such property or 


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1 item, the property or item shall be disposed of 

2 by the Secretary in a manner consistent with 

3 the purpose of this Act. 

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

5 rights, and duties conferred or imposed by the customs 

6 laws upon any officer or employee of the Customs Service 

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

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

9 United States as the Secretary may designate. 

10 SEC. 16. INJURIOUS WILDLIFE PREVENTION FUND. 

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

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

13 the ‘‘Injurious Wildlife Prevention Fund’’, to be adminis14 tered by the Secretary, and to be available without fiscal 

15 year limitation and subject to appropriation, for use in ac16 cordance with subsection (c). 

17 (b) TRANSFERS TO FUND.— 

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

19 such amounts as are appropriated to the Fund 

20 under paragraph (2). 

21 (2) FEES AND PENALTIES.—There are appro22 priated to the Fund, out of funds of the Treasury 

23 not otherwise appropriated, amounts equivalent to 

24 amounts collected— 


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1 (A) as user fees and received in the Treas2 ury under section 13(a); 

3 (B) as civil administrative or judicial pen4 alties under section 15; and 

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

6 section 42 of title 18, United States Code (in7 cluding a regulation promulgated under that 

8 section). 

9 (c) USE OF FUNDS.— 

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

11 the Fund for a fiscal year— 

12 (A) 75 percent shall be available to the 

13 Secretary for use in carrying out this Act (other 

14 than paragraph (2)); and 

15 (B) 25 percent shall be used by the Sec16 retary to carry out paragraph (2). 

17 (2) AID FOR STATE WILDLIFE RISK ASSESS18 MENTS.— 

19 (A) IN GENERAL.—The Secretary shall es20 tablish a program to provide natural resource 

21 assistance grants to States for use in sup22 porting best practices and capacity-building by 

23 States, consistent with the purpose of this Act, 

24 for— 


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1 (i) inspecting and monitoring wildlife 

2 imports and interstate commerce; and 

3 (ii) conducting assessments of risk as4 sociated with the intentional importation of 

5 nonnative wildlife taxa. 

6 (B) ADMINISTRATION.—The program 

7 under this paragraph shall be administered by 

8 the Director under the Federal Aid to States 

9 program of the Director. 

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

11 be made available for any purpose other than a purpose 

12 described in subsection (c). 

13 (e) ANNUAL REPORTS.— 

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

15 the end of each fiscal year beginning with fiscal year 

16 2014, the Secretary shall submit to the Committee 

17 on Appropriations of the House of Representatives, 

18 the Committee on Appropriations of the Senate, the 

19 Committee on Environment and Public Works of the 

20 Senate, and the Committee on Natural Resources of 

21 the House of Representatives a report on the oper22 ation of the Fund during the fiscal year. 

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

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


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1 (A) A statement of the amounts deposited 

2 in the Fund. 

3 (B) A description of the expenditures made 

4 from the Fund for the fiscal year, including the 

5 purpose of the expenditures. 

6 (C) Recommendations for additional au7 thorities to fulfill the purpose of the Fund. 

8 (D) A statement of the balance remaining 

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

10 (f) SEPARATE APPROPRIATIONS ACCOUNT.—Section 

11 1105(a) of title 31, United States Code, is amended— 

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

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

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

15 (relating to obligational authority and outlays re16 quested for homeland security) as paragraph (35); 

17 and 

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

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

20 Wildlife Prevention Fund established by section 

21 16(a) of the Invasive Wildlife Prevention Act of 

22 2012, which shall include the estimated amount of 

23 deposits in the Fund, obligations, and outlays from 

24 the Fund.’’. 


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1 SEC. 17. RELATIONSHIP TO OTHER FEDERAL LAWS. 

2 Nothing in this Act— 

3 (1) repeals, supersedes, or modifies any provi4 sion of— 

5 (A) the Public Health Service Act (42 

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

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

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

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

10 7701 et seq.); or 

11 (D) the Animal Health Protection Act (7 

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

13 (2) authorizes any action with respect to the 

14 importation of any plant pest, including a biological 

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

16 U.S.C. 150aa et seq.), to the extent that the impor17 tation is subject to regulation under that Act. 

18 SEC. 18. REQUIREMENT TO PROMULGATE REGULATIONS. 

19 In addition to regulations required under section 5 

20 and other provisions of this Act, the Secretary shall pro21 mulgate such regulations as are necessary to carry out this 

22 Act. 

Æ 


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