I 
112TH CONGRESS 
2D SESSION 
H. R. 5864 
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 
MAY 30, 2012 
Ms. SLAUGHTER (for herself, Mr. RANGEL, Mr. ROGERS of Michigan, Mr. 
KUCINICH, Ms. BORDALLO, Mr. HINCHEY, Mr. FARR, Mrs. MALONEY, 
Mr. KILDEE, and Mr. GRIJALVA) 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 com-
mittee 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 ani-
mal pathogens and parasites that are likely to cause 
harm. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Invasive Fish and 
Wildlife Prevention Act of 2012’’. 
SEC. 2. PURPOSE. 
The purpose of this Act is to establish an improved 
regulatory process for injurious wildlife to prevent the in-
troduction and establishment in the United States of non-
native wildlife and wild animal pathogens and parasites 
that are likely to cause— 
(1) economic or environmental harm; or 
(2) harm to humans or animal health. 
SEC. 3. DEFINITIONS. 
In this Act: 
(1) APPROVED
WILDLIFE
SANCTUARY.—The 
term ‘‘approved wildlife sanctuary’’ means a sanc-
tuary that cares for wildlife species that— 
(A)(i) is a corporation that is exempt from 
taxation under section 501(a) of the Internal 
Revenue Code 1986 and is described in sections 
501(c)(3) and 170(b)(1)(A)(vi) of that Code; or 
(ii) is an educational entity; 
(B) does not commercially trade in animals 
regulated under this Act, including offspring, 
parts, and byproducts of those animals; 
(C) does not propagate animals regulated 
under this Act; and 
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(D) meets any additional criteria that the 
Service determines are necessary and consistent 
with the purpose of this Act. 
(2) 
AQUATIC
NUISANCE
SPECIES
TASK 
FORCE.—The term ‘‘Aquatic Nuisance Species Task 
Force’’ means the Aquatic Nuisance Species Task 
Force established under section 1201 of the Non-
indigenous Aquatic Nuisance Prevention and Control 
Act of 1990 (16 U.S.C. 4702). 
(3) FUND.—The term ‘‘Fund’’ means the Inju-
rious Wildlife Prevention Fund established by sec-
tion 16(a). 
(4) IMPORT.—The term ‘‘import’’ means to 
bring into, or introduce into, or attempt to bring 
into, or introduce into, any place subject to the ju-
risdiction of the United States, regardless of whether 
the bringing into or introduction constitutes an im-
portation within the meaning of the customs laws of 
the United States. 
(5) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(6) INJURIOUS
WILDLIFE.—The term ‘‘inju-
rious wildlife’’ means any species of mammal, bird, 
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fish, mollusk, crustacean, arthropod, coelenterate, 
amphibian, or reptile, and any offspring or egg of 
such a species, that is designated as injurious under 
a regulation promulgated by the Secretary pursuant 
to section 42(a) of title 18, United States Code. 
(7) NATIONAL INVASIVE SPECIES COUNCIL.— 
The term ‘‘National Invasive Species Council’’ 
means the National Invasive Species Council estab-
lished by Executive Order 13112 on February 8, 
1999 (64 Fed. Reg. 6183). 
(8) NATIVE.—The term ‘‘native’’, with respect 
to a wildlife taxon, means a wildlife taxon that his-
torically occurred or currently occurs in the United 
States, other than as a result of an intentional or 
unintentional introduction by humans. 
(9) NONNATIVE WILDLIFE TAXON.— 
(A) IN
GENERAL.—The term ‘‘nonnative 
wildlife taxon’’ means any family, genus, spe-
cies, or subspecies of live animal that is not na-
tive to the United States, regardless of whether 
the animal was born or raised in captivity. 
(B) INCLUSIONS.—The term ‘‘nonnative 
wildlife taxon’’ includes any viable egg, sperm, 
gamete, or other reproductive material or off-
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spring of an animal of a family, genus, species, 
or subspecies described in subparagraph (A). 
(C) EXCLUSIONS.—The term ‘‘nonnative 
wildlife taxon’’ does not include— 
(i) any taxon that is— 
(I) specifically defined or regu-
lated as a plant pest or approved for 
biological control purposes under the 
Plant Protection Act (7 U.S.C. 7701 
et seq.); or 
(II) defined or regulated as a 
threat to livestock or poultry under 
the Animal Health Protection Act (7 
U.S.C. 8301 et seq.); or 
(ii) any common and clearly domes-
ticated species or subspecies, including— 
(I) cat (Felis catus); 
(II) cattle or oxen (Bos taurus); 
(III) 
chicken 
(Gallus 
gallus 
domesticus); 
(IV) common canary (Serinus 
canaria domesticus); 
(V) dog (Canis lupus familiaris); 
(VI) 
donkey 
or 
ass 
(Equus 
asinus); 
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(VII) domesticated members of 
the family Anatidae (geese); 
(VIII) duck (domesticated Anas 
spp.); 
(IX) 
domesticated 
ferret 
(Mustela furo); 
(X) 
gerbil 
(Meriones 
unguiculatus); 
(XI) 
goat 
(Capra 
aegagrus 
hircus); 
(XII) guinea pig or Cavy (Cavia 
porcellus); 
(XIII) 
goldfish 
(Carassius 
auratus auratus); 
(XIV) 
domesticated 
hamsters 
(Cricetulus 
griseus, 
Mesocricetus 
auratus, 
Phodopus 
campbelli, 
Phodopus sungorus, and Phodopus 
roborovskii); 
(XV) horse (Equus caballus); 
(XVI) llama (Lama glama); 
(XVII) mule or hinny (Equus 
caballus x E. asinus); 
(XVIII) pig or hog (Sus scrofa 
domestica); 
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(XIX) domesticated varieties of 
rabbit (Oryctolagus cuniculus); 
(XX) sheep (Ovis aries); or 
(XXI) any other species or sub-
species that the Service determines to 
be common and clearly domesticated. 
(10) PERSON.—The term ‘‘person’’ means— 
(A) an individual, corporation, partnership, 
trust, association, or other private entity; 
(B) any officer, employee, agent, depart-
ment, or instrumentality of the Federal Govern-
ment, or of any tribal government, or of any 
State, municipality, or political subdivision of a 
State, or of any foreign government; and 
(C) any other entity subject to the jurisdic-
tion of the Federal United States. 
(11) 
QUALIFIED
INSTITUTION.—The 
term 
‘‘qualified institution’’ means an institution that— 
(A) is determined by the Service to be— 
(i) for scientific research, medical re-
search, or display purposes in a zoo or 
aquarium accredited by the Association of 
Zoos and Aquariums; or 
(ii) an approved wildlife sanctuary; 
and 
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(B) for which the Service determines that 
there has been a proper showing by the owner 
or operator of the institution of responsibility 
and continued protection of the public interest. 
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(13) SERVICE.—The term ‘‘Service’’ means the 
United States Fish and Wildlife Service. 
(14) STATE.—The term ‘‘State’’ means— 
(A) each of the several States of the 
United States; 
(B) the District of Columbia; 
(C) the Commonwealth of Puerto Rico; 
(D) Guam; 
(E) American Samoa; 
(F) the Commonwealth of the Northern 
Mariana Islands; 
(G) the Federated States of Micronesia; 
(H) the Republic of the Marshall Islands; 
(I) the Republic of Palau; and 
(J) the United States Virgin Islands. 
(15) UNITED
STATES.—The term ‘‘United 
States’’ means— 
(A) the States; and 
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(B) any land and water, including the ter-
ritorial sea and the Exclusive Economic Zone, 
within the jurisdiction or sovereignty of the 
Federal Government. 
SEC. 4. PROPOSALS FOR REGULATION OF NONNATIVE 
WILDLIFE TAXA. 
(a) PROPOSALS.—Any person or entity, or the Serv-
ice, at the discretion of the Service, may propose the regu-
lation of, or revised regulation of, 1 or more taxa. 
(b) INFORMATION.—A proposal by a person or agen-
cy should include adequate information to allow the Serv-
ice to determine whether the taxon meets the criteria for 
designation as Injurious I or Injurious II under section 
5(a)(1)(A). 
(c) PUBLIC AND AGENCY COMMENT.—Upon receipt 
of a proposal that the Service determines to be complete, 
and for any proposal the Service elects to prepare, the 
Service shall publish notice of the proposal in the Federal 
Register and provide an opportunity for at least 60 days 
of public comment. 
(d) DETERMINATION.—Not later than 180 days after 
the date of publication of a proposal under subsection (c), 
or as soon thereafter as is feasible, the Service shall make 
a determination as to whether the proposal should be ap-
proved or disapproved. 
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(e) NOTICE
OF
DETERMINATION.—The Service 
shall— 
(1) publish in the Federal Register notice of the 
determination made under subsection (d); and 
(2) make the basis for the determination avail-
able on a publicly available Federal Internet site. 
SEC. 5. SCIENTIFIC RISK ASSESSMENT AND RISK DETER-
MINATION REGULATIONS. 
(a) ASSESSMENT AND DETERMINATION.— 
(1) 
IN
GENERAL.—The 
Secretary, 
acting 
through the Service, shall promulgate regulations— 
(A) to further specify the criteria for regu-
lating a nonnative wildlife taxon as— 
(i) an Injurious I taxon, which shall 
be a taxon— 
(I) that the Service determines— 
(aa) to be injurious to 
human beings, the interests of 
agriculture, horticulture, or for-
estry, or wildlife or wildlife re-
sources of the United States; and 
(bb) to have a high degree 
of potential harm and is a taxon 
with which qualified institutions 
have not previously had signifi-
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cant experience in maintaining 
successfully in captivity and pre-
venting escapes or releases; and 
(II) the importation and trans-
portation of which in interstate com-
merce shall be conducted only pursu-
ant to a permit issued under section 
12 to a qualified institution; or 
(ii) an Injurious II taxon, which shall 
be a taxon— 
(I) that the Service determines— 
(aa) to be injurious to 
human beings, the interests of 
agriculture, horticulture, or for-
estry, or wildlife or wildlife re-
sources of the United States; but 
(bb) to have a degree of po-
tential for harm that is less than 
the degree of potential harm of 
an Injurious I taxon or is a taxon 
with which qualified institutions 
have previously had significant 
experience in maintaining suc-
cessfully in captivity and pre-
venting escapes or releases; and 
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(II) for which no permit is re-
quired if the taxon is— 
(aa) imported to a qualified 
institution; 
(bb) transported in inter-
state commerce and intrastate 
commerce to and among qualified 
institutions; or 
(cc) held by a qualified insti-
tution; 
(B) to establish a process for assessing and 
analyzing the risks of taxa that may have been, 
or foreseeably could be, imported into, or found 
in interstate commerce within, the United 
States; and 
(C) that may also provide for cases in 
which exceptions or additions to the Injurious I 
taxon or Injurious II taxon criteria may be nec-
essary to address extraordinary risks. 
(2) BASIS, AVAILABILITY, AND REVIEW.—The 
Service shall— 
(A) ensure that the risk assessment and 
risk determination processes conducted under 
this section are based on sound science; and 
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(B) make the results of each such assess-
ment and determination available to the public. 
(3) PREVIOUSLY LISTED TAXA.—Each wildlife 
taxon previously designated by statute or by the Sec-
retary as injurious under section 42(a) of title 18, 
United States Code (including under any regulation 
promulgated under that authority), shall, after the 
effective date of the final regulations promulgated 
under this subsection, be promptly designated by the 
Service as an Injurious I taxon or Injurious II taxon 
under this subsection, based on a determination by 
the Service of whether the taxon meets the criteria 
described in clause (i) or (ii), respectively, of para-
graph (1)(A). 
(4) DEADLINES.— 
(A) PROPOSED REGULATIONS.—Not later 
than 1 year after the date of enactment of this 
Act, the Secretary shall publish in the Federal 
Register a proposed version of the regulations 
required under this subsection. 
(B) FINAL REGULATIONS.—Not later than 
18 months after the date of enactment of this 
Act, the Secretary shall promulgate final regu-
lations required under this subsection, including 
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a public notification of the process for submis-
sion of a proposal under section 4(a). 
(C) ADDITIONAL REQUIREMENT OF PRE- 
IMPORT RISK SCREENING FOR ALL TAXA NOVEL 
TO THE UNITED STATES.— 
(i) IN GENERAL.—Five years after the 
date of enactment of this Act, the Sec-
retary shall by regulation— 
(I) define the phrase ‘‘non-native 
wildlife taxa novel to the United 
States’’ for the purpose of this sec-
tion; and 
(II) set forth a process to ensure 
that all unregulated non-native wild-
life taxa novel to the United States 
are thereafter reviewed by the Service 
prior to allowance of their importation 
to the United States to determine 
whether they should be regulated 
under any of clause (i) or (ii) of para-
graph (1)(A). 
(ii) AVOIDANCE
OF
NEW
INCEN-
TIVES.—In promulgating the regulation 
under clause (i), the Secretary shall seek 
to avoid creating a new incentive for ani-
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mal importers to import novel taxa prior to 
the effective date of the regulation. 
(iii) NEW REGULATION FOR IMPORTS 
OF
TAXA
NOVEL
TO
THE
UNITED 
STATES.—Not later than 1 year after the 
date of promulgation of the regulation 
under clause (i), the Secretary shall imple-
ment the regulation. 
(b) SCIENTIFIC RISK ASSESSMENT.—The regulations 
promulgated under subsection (a) shall require consider-
ation, in an initial scientific risk assessment of a taxon, 
of at least— 
(1) the scientific name and native range of the 
taxon; 
(2) whether the taxon has established or 
spread, or caused harm to the economy, the environ-
ment, or the health of other animal species in the 
United States or in an ecosystem similar to an eco-
system in the United States; 
(3) whether environmental conditions suitable 
for the establishment or spread of the taxon exist or 
will exist in the United States; 
(4) the likelihood of establishment and spread 
of the taxon; 
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(5) whether the taxon will cause harm to 
human beings, to the interests of agriculture, horti-
culture, forestry, or to wildlife or the wildlife re-
sources of the United States; 
(6) whether the taxon will damage land, water, 
or facilities of the National Park System or other 
public land; 
(7) the best available scientific risk screening 
systems or predictive models that apply to the taxon; 
and 
(8) other factors important to assessing risks, if 
any, associated with the taxon, in accordance with 
the purpose of this Act. 
(c) RISK DETERMINATION.—Prior to designating any 
nonnative wildlife taxon as an Injurious I taxon or Inju-
rious II taxon under subsection (a), after conducting a 
risk assessment, the Service shall prepare a risk deter-
mination that takes into consideration— 
(1) the results of the risk assessment; and 
(2) at a minimum— 
(A) the capabilities and any efforts of 
States, local governments, and Indian tribes to 
address the risks, if any, identified by the Serv-
ice with respect to the taxon, including the re-
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sults of any risk assessments conducted for the 
taxon that are available to the Service; 
(B) the potential for reduction, mitigation, 
control, and management of any risks identi-
fied; and 
(C) whether any risks identified already 
are adequately addressed under other applicable 
law. 
(d) DISCRETIONARY ANALYSIS.— 
(1) IN GENERAL.—In preparing the risk deter-
mination for a taxon, the Service may consider the 
economic, social, and cultural impacts of a decision 
on whether to regulate the taxon. 
(2) OTHER REQUIREMENTS.—This section shall 
satisfy the requirements of, and apply in lieu of any 
other requirement to complete an analysis under, 
any other law (including a regulation or Executive 
order) on economic, social, or cultural impact. 
(e) NOTICE AND CONSULTATION.—In promulgating 
regulations under subsection (a), the Service shall notify 
and consult with, at a minimum— 
(1) affected States, Indian tribes, and other 
stakeholders; 
(2) the Aquatic Nuisance Species Task Force; 
(3) the National Invasive Species Council; 
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(4) the Department of Agriculture; 
(5) the Centers for Disease Control and Preven-
tion; and 
(6) the National Oceanic and Atmospheric Ad-
ministration. 
SEC. 6. EMERGENCY TEMPORARY DESIGNATION. 
(a) IN GENERAL.—If the Service determines an 
emergency exists because an unregulated nonnative wild-
life taxon poses an imminent threat of harm to individuals 
in or wildlife of the United States, or the economy or envi-
ronment of the United States, the Service may imme-
diately temporarily designate the nonnative wildlife taxon 
as Injurious I in accordance with section 5(a)(1)(A)(i). 
(b) NOTICE
OF TEMPORARY DESIGNATION.—The 
Service shall promptly— 
(1) publish in the Federal Register notice of 
each temporary designation under this subsection; 
and 
(2) make the basis for the designation available 
on a publicly available Federal Internet site and 
through other appropriate means. 
(c) DETERMINATION.—Not later than 1 year after 
temporarily designating a nonnative wildlife taxon using 
the emergency authority under this section, the Service 
shall— 
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(1) make a final determination regarding 
whether the taxon should be further regulated under 
either of clause (i) or (ii) of section 5(a)(1)(A); 
(2) publish notice of that final determination in 
the Federal Register; and 
(3) make the basis for the determination avail-
able on a publicly available Federal Internet site. 
(d) LIMITATION ON PROCEDURES.—The procedures 
under sections 4 and 5 of this Act and section 553 of title 
5, United States Code, shall not apply to temporary des-
ignations under this section. 
(e) STATE REQUESTS.—If the Governor of a State 
requests a temporary emergency designation under this 
section, the Service shall respond promptly with a written 
determination on the request. 
SEC. 7. INFORMATION ON IMPORTED ANIMALS. 
(a) IMPROVED INFORMATION.—The Service shall— 
(1) not later than 18 months after the date of 
enactment of this Act, establish an electronic data-
base that describes, using scientific names to the 
species level (or subspecies level, if applicable), all 
quantities of imports of all live wildlife, and the reg-
ulatory status of the wildlife, in a form that permits 
that information to be rapidly accessed; and 
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(2) not later than 30 days after the date of im-
portation of wildlife described in paragraph (1), 
make the information described in that paragraph 
(other than confidential business information associ-
ated with those imports that is protected under 
other Federal law) available on a publicly available 
Federal Internet site. 
(b) ANNUAL REPORT OF INFORMATION.—Not later 
than 3 years after the date of enactment of this Act, and 
not later than each April 1 thereafter, the Service shall 
issue, including on a publicly available Federal Internet 
site, a report that includes, at a minimum, a description 
of— 
(1) all nonnative wildlife imported, using sci-
entific names of the wildlife to the species or sub-
species level, to the extent known; and 
(2) cumulative quantities of imported wildlife 
and the regulatory status of the wildlife. 
(c) MONITORING IMPORT INFORMATION.—In con-
sultation with inspection, customs, and border officials in 
the Departments of Agriculture and Homeland Security, 
the Service shall regularly— 
(1) monitor the identities and quantities of non-
native wildlife taxa being imported, with particular 
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emphasis on wildlife newly in the import trade to the 
United States; and 
(2) determine, to the maximum extent prac-
ticable, whether the newly traded taxa would meet 
the criteria for regulation, and should be regulated, 
under any of clause (i) or (ii) of section 5(a)(1)(A). 
SEC. 8. INJURIOUS WILDLIFE DETERMINATIONS. 
(a) IN GENERAL.—Immediately upon the date of en-
actment of this Act, the Secretary shall make more rapid 
determinations on proposals for regulation of wildlife 
under section 42 of title 18, United States Code. 
(b) STREAMLINING OF DETERMINATIONS.—In car-
rying out subsection (a) and other provisions of this Act, 
the Secretary— 
(1) shall use the best available scientific risk 
screening systems or predictive models that apply to 
the taxon under consideration; 
(2) shall forego time-consuming optional admin-
istrative steps, unless the Secretary determines the 
steps to be essential; and 
(3) notwithstanding chapter 6, and section 804, 
of title 5, United States Code, may forego economic 
impact analyses. 
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SEC. 9. EFFECT ON INJURIOUS WILDLIFE PROVISION. 
This Act and the regulations promulgated under this 
Act shall take precedence over any conflicting regulation 
promulgated under section 42 of title 18, United States 
Code. 
SEC. 10. PREVENTION OF WILDLIFE PATHOGENS AND 
PARASITES. 
(a) IN GENERAL.—The Secretary shall have the pri-
mary authority to prevent, and the primary responsibility 
for preventing, the importation of, and interstate com-
merce in, wildlife pathogens and harmful parasites. 
(b) REGULATIONS.— 
(1) IN GENERAL.—In addition to regulations 
required under section 5(a), the Secretary shall pro-
mulgate such regulations as are necessary— 
(A) to minimize the likelihood of introduc-
tion or dissemination of any disease or harmful 
parasite of native or nonnative wildlife; and 
(B) to impose any additional necessary im-
port restrictions, including management meas-
ures, health certifications, quarantine require-
ments, specifications for conveyances, holding 
water, and associated materials, shipment and 
handling requirements, and other measures that 
the Secretary determines to be necessary— 
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(i) to prevent the importation of, and 
interstate commerce in, wildlife pathogens 
and harmful parasites; and 
(ii) to address— 
(I) a particular taxon; 
(II) the place of origin of a par-
ticular taxon; and 
(III) the conveyance and mate-
rials associated with wildlife trans-
port. 
(c) RELATIONSHIP TO OTHER AUTHORITIES.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), the Secretary shall exclude from regula-
tion under this section any pathogen, parasite, or 
host taxon that is— 
(A) defined or regulated by the Depart-
ment of Health and Human Services as a 
threat to humans under section 361 of the Pub-
lic Health Service Act (42 U.S.C. 264); 
(B) defined or regulated by the Depart-
ment of Agriculture as a threat to livestock or 
poultry under the Animal Health Protection Act 
(7 U.S.C. 8301 et seq.); or 
(C) specifically defined or regulated by the 
Department of Agriculture as a plant pest or 
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approved for biological control purposes under 
the Plant Protection Act (7 U.S.C. 7701 et 
seq.). 
(2) EXCEPTION.—The Secretary may regulate a 
pathogen, parasite, or host taxon described in any of 
subparagraphs (A) through (C) of paragraph (1) to 
the extent that the taxon also poses a wildlife dis-
ease risk. 
(d) COORDINATION.— 
(1) IN GENERAL.—In promulgating regulations 
under and otherwise carrying out this section and 
section 7, the Secretary shall consult and coordinate 
with— 
(A) other Federal agencies and depart-
ments with authority to regulate taxa; 
(B) State wildlife agencies; 
(C) State veterinarians; and 
(D) other officials with related authorities. 
(2) CONSULTATION
BY
SECRETARY
OF
AGRI-
CULTURE.—In any case in which the Secretary of 
Agriculture participates in the World Organization 
for Animal Health, the Secretary of Agriculture 
shall confer and consult with the Secretary on any 
matters relating to prevention of wildlife diseases 
that may threaten the United States. 
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SEC. 11. PROHIBITIONS. 
(a) PROHIBITIONS.—Except as provided in this sec-
tion or section 12, it shall be unlawful for any person sub-
ject to the jurisdiction of the United States— 
(1) to import into the United States any non-
native wildlife taxon the Service has designated as 
Injurious I or Injurious II under section 5(a)(1)(A) 
or under section 6, or to knowingly possess such an 
animal, or the descendant of such an animal, that 
was imported in violation of this subsection; 
(2) to engage in interstate commerce for any 
nonnative wildlife taxon described in paragraph (1), 
or to knowingly possess such an animal, or the de-
scendant of an animal, that was transported in 
interstate commerce in violation of this subsection; 
(3) to violate any term or condition of a permit 
issued to a qualified institution under section 12 for 
a taxon designated as Injurious I under clause (i) of 
section 5(a)(1)(A) or under section 6; 
(4) to release into the wild any nonnative wild-
life taxon described in paragraph (1); 
(5) to violate any additional regulation promul-
gated by the Secretary as necessary to prevent the 
importation of, and interstate commerce in, wildlife 
pathogens and harmful parasites under this Act; or 
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(6) to attempt any of the prohibited actions de-
scribed in paragraphs (1) through (5). 
(b) EXEMPTION FOR INTERSTATE TRANSPORTATION 
OF ANIMALS OF LATER-REGULATED TAXA.— 
(1) IN GENERAL.—Except as provided in para-
graph (2), an individual animal that was lawfully 
owned prior to the taxa to which the animal belongs 
being regulated by the Service under this Act as In-
jurious II may be transported interstate without a 
permit by any person for noncommercial purposes 
only. 
(2) EXCEPTION.—The exemption under para-
graph (1) does not apply to an animal of any taxa 
designated by the Service as Injurious I. 
(c) LIMITATION ON APPLICATION.— 
(1) IN GENERAL.—The prohibitions in this sec-
tion shall not apply to— 
(A) any action by Federal, State, tribal, or 
local law enforcement personnel to enforce this 
section; and 
(B) any action by Federal, State, tribal, or 
local officials to prevent the introduction or es-
tablishment of nonnative wildlife, or wildlife 
pathogens or parasites, including actions to 
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transport, hold, and shelter animals of taxa reg-
ulated under this Act. 
(2) IMPORTATION
AND
TRANSPORTATION
BY 
FEDERAL AGENCIES.—Nothing in this Act shall re-
strict the importation or transportation between any 
States of nonnative wildlife by a Federal agency for 
the use of the Federal agency if the nonnative wild-
life remains in the possession of a Federal agency. 
(d) EFFECTIVE DATE.—This section takes effect on 
the date that is 30 days after the date of promulgation 
of the final regulations under section 5(a). 
SEC. 12. PERMITS AND EXEMPTIONS FOR QUALIFIED INSTI-
TUTIONS AND LIVE ANIMAL TRANSPORTERS. 
(a) PERMITS.—The Service may issue to a qualified 
institution a permit authorizing any of the actions other-
wise prohibited under section 11 for any wildlife taxon 
designated under clause (i) or (ii) of section 5(a)(1)(A) 
or under section 6. 
(b) TERMS AND CONDITIONS.—The Service may in-
clude in a permit under subsection (a) terms and condi-
tions to minimize the risk of introduction or establishment 
of nonnative wildlife, pathogens, and parasites in the 
United States. 
(c) EXEMPTION AND REPORTING.— 
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(1) IN GENERAL.—No permit shall be required 
for any qualified institution or any live animal trans-
portation company or other live animal transporter 
that is in temporary possession of an animal deliv-
ering it to, or transporting it from, a qualified insti-
tution, to import or transport (on an interstate or 
intrastate basis), or possess or breed, any taxon that 
the Service has designated as an Injurious II taxon 
under section 5(a)(1)(A)(ii). 
(2) EXCLUSIONS.—The exemption described in 
paragraph (1) does not include the transfer of own-
ership of an Injurious II taxon to any person or en-
tity other than to another qualified institution. 
(3) REPORTS.—Each qualified institution or 
live animal transporter that imports, transports (on 
an interstate or intrastate basis), possesses, or 
breeds any taxa designated as Injurious II shall file 
annual reports with the Service that summarize, for 
the period covered by the report, transactions of the 
qualified institution or live animal transporter for 
the covered taxa. 
(d) REGULATIONS; LIST
OF QUALIFIED INSTITU-
TIONS.—The Secretary shall— 
(1) promulgate regulations to implement this 
section; and 
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(2) maintain a current roster of designated 
qualified institutions on a publicly available Federal 
Internet site and through other appropriate means. 
SEC. 13. USER FEES. 
(a) IN GENERAL.—Not later than 2 years after the 
date of enactment of this Act, the Secretary shall propose, 
and subsequently adopt, by regulation, a reasonable fee 
to be charged on imported live wildlife shipments for use 
in recovering a portion of the costs of— 
(1) improving the information available on the 
importation and interstate commerce trade of wild-
life; 
(2) monitoring that information under section 
7; 
(3) conducting risk assessments and risk anal-
yses for nonnative wildlife taxa in that trade under 
sections 4 and 5; 
(4) making emergency designations under sec-
tion 6; and 
(5) preventing wildlife pathogens and parasites 
under section 10. 
(b) COST RECOVERY PURPOSE.—The purpose of the 
user fees in this section shall be to recover approximately 
75 percent of the Service’s costs of the services it under-
takes listed in subsection (a), after such date as the user 
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fee regulation under subsection (a) is fully implemented 
and the amounts of the fees received have been appro-
priated to the Injurious Wildlife Prevention Fund pursu-
ant to section 16(b)(2)(A) for at least one full fiscal year. 
(c) FEE LIMIT.—The amount of the additional fee 
to be charged on any live wildlife shipment under this sec-
tion shall be set by the Secretary only after fully consid-
ering public comments on the proposed fee regulation and 
it shall be charged broadly and fairly across the live wild-
life import industry and at the lowest level feasible to 
achieve the cost recovery purpose in subsection (b). The 
fees shall be set so that the annual total fee revenue shall 
not exceed the amount of the annual total fee revenue of 
the fee charged by the Service under the inspection pro-
gram of the Service to oversee the importation of live wild-
life carried out pursuant to— 
(1) section 11(f) of the Endangered Species Act 
of 1973 (16 U.S.C. 1540(f)); 
(2) subpart I of part 14 of title 50, Code of 
Federal Regulations (or successor regulations); and 
(3) other applicable authority. 
SEC. 14. RELATIONSHIP TO STATE LAW. 
(a) PURPOSE.—The general purpose of this Act is 
improving Federal regulation of international importation 
and interstate commerce in injurious wildlife taxa. Posses-
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