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 Director 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 Director under this Act as 
Injurious 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 Director 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 Director 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 Director 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 Director has designated as an Injurious II taxon 
under section 5(a)(1)(A)(ii). 
(2) DISPLAY EXEMPTION.—No permit shall be 
required for the import, interstate or intrastate 
transportation, possession, or breeding of an Inju-
rious I taxon by a qualified zoo or aquarium institu-
tion. 
(3) EXCLUSIONS.—The exemptions described in 
paragraphs (1) and (2) do not include the transfer 
of ownership of an Injurious I taxon or the transfer 
of ownership of an Injurious II taxon to any person 
or entity other than to another qualified institution. 
(4) RECORD.—Each qualified institution or live 
animal transporter that imports, transports (on an 
interstate or intrastate basis), possesses, or breeds 
any taxa designated as Injurious I or II shall main-
tain records, subject to annual inspection by the Di-
rector, at the discretion of the Director, that sum-
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marize the 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 
(2) maintain a current roster of designated 
qualified institutions on a publicly available Federal 
Internet site and through other appropriate means. 
(e) REPORT.—Not later than March 1 of each year, 
a qualified zoo or aquarium shall submit to the Director 
a report on the imports, interstate or intrastate transpor-
tation, possession, or breeding of any Injurious I taxon 
by the qualified zoo or aquarium for the preceding cal-
endar year. 
SEC. 13. USER FEES. 
(a) DEFINITION OF LIVE WILDLIFE SHIPMENTS.— 
In this section, the term ‘‘live wildlife shipment’’ does not 
include shipments made by qualified institutions for sci-
entific, veterinary, or medical research, medical research, 
education, conservation outreach, or display purposes. 
(b) REASONABLE FEE.—Not later than 2 years after 
the date of enactment of this Act, the Secretary shall pro-
pose, and subsequently adopt, by regulation, a reasonable 
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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. 
(c) COST RECOVERY PURPOSE.—The purpose of the 
user fees in this section shall be to recover approximately 
75 percent of the costs to the Director for the services 
listed in subsection (b), after such date as the user fee 
regulation under subsection (b) is fully implemented and 
the amounts of the fees received have been appropriated 
to the Injurious Wildlife Prevention Fund pursuant to sec-
tion 16(b)(2)(A) for at least one full fiscal year. 
(d) FEE LIMIT.— 
(1) IN
GENERAL.—The amount of the addi-
tional fee to be charged on any live wildlife shipment 
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under this section shall be set by the Secretary only 
after fully considering public comments on the pro-
posed fee regulation and it shall be charged broadly 
and fairly across the live wildlife import industry 
and at the lowest level feasible to achieve the cost 
recovery purpose in subsection (c). 
(2) ANNUAL TOTAL FEE REVENUE.—The fees 
shall be set so that the annual total fee revenue shall 
not exceed the amount of the annual total fee rev-
enue of the fee charged by the Director under the 
inspection program of the Director to oversee the 
importation of live wildlife carried out pursuant to— 
(A) section 11(f) of the Endangered Spe-
cies Act of 1973 (16 U.S.C. 1540(f)); 
(B) subpart I of part 14 of title 50, Code 
of Federal Regulations (or successor regula-
tions); and 
(C) other applicable authority. 
SEC. 14. RELATIONSHIP TO STATE LAW. 
(a) POSSESSION
OF LAWFULLY OBTAINED INJU-
RIOUS WILDLIFE TAXA.—Possession of lawfully obtained 
injurious wildlife taxa within a State shall— 
(1) be a matter of State law; and 
(2)(A) not be federally regulated; or 
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(B) not require a Federal permit under this 
Act. 
(b) REGULATIONS AND DETERMINATIONS.—Except 
as provided in subsection (c), nothing in this Act, or in 
the regulations and determinations to be promulgated or 
issued by the Secretary or the Director under this Act, 
preempts or otherwise affects the application of any State 
law that establishes more stringent requirements for— 
(1) the importation, transportation, possession, 
sale, purchase, release, breeding of, or bartering for, 
or any other transaction involving, any nonnative 
wildlife taxon; or 
(2) the prevention of wildlife pathogens and 
harmful parasites. 
(c) LIMITATION ON APPLICATION OF PROHIBITIONS 
TO PREVENT RELEASE.—The Director may limit the ap-
plication of this Act to facilitate implementation of any 
State, local, or tribal program that results in voluntary 
surrender of regulated nonnative wildlife, if the Director 
determines that the limitation will prevent the release of 
that wildlife. 
SEC. 15. PENALTIES AND SANCTIONS. 
(a) CIVIL PENALTIES.— 
(1) CIVIL ADMINISTRATIVE PENALTIES.— 
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(A) IN
GENERAL.—Any person who is 
found by the Secretary, after notice and oppor-
tunity for a hearing conducted in accordance 
with section 554 of title 5, United States Code, 
to have committed any act prohibited by section 
11 shall be liable to the United States for a 
civil penalty in an amount not to exceed 
$10,000 for each violation. 
(B) SUBPOENA POWER.—For the purposes 
of conducting any investigation or hearing 
under this Act, the Secretary may— 
(i) issue subpoenas for the attendance 
and testimony of witnesses and the produc-
tion of relevant papers, books, and docu-
ments; and 
(ii) administer oaths. 
(2) CIVIL JUDICIAL PENALTIES.—Any person 
who violates any provision of this Act, or any regula-
tion promulgated or permit issued under this Act, 
shall be subject to a civil penalty in an amount not 
to exceed $500 for each such violation. 
(b) CRIMINAL OFFENSES.—Any person who know-
ingly violates any provision of this Act, or any regulation 
promulgated or permit issued under this Act, shall, upon 
conviction, be guilty of a class A misdemeanor. 
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(c) NATURAL RESOURCE DAMAGES.—All costs relat-
ing to the mitigation of injury caused by a violation of 
this Act shall be borne by the person that violated this 
Act. 
(d) ENFORCEMENT.— 
(1) OTHER POWERS AND AUTHORITIES.—Any 
person authorized by the Secretary to enforce this 
Act shall have the same authorities as are described 
in section 6 of the Lacey Act Amendments of 1981 
(16 U.S.C. 3375). 
(2) FORFEITURE.— 
(A) IN GENERAL.—A person who is deter-
mined to have violated any provision of this Act 
shall forfeit to the United States— 
(i) any property, real or personal, 
taken or retained in connection with or as 
a result of the offense; and 
(ii) any property, real or personal, 
used or intended to be used to commit or 
to facilitate the commission of the offense. 
(B) DISPOSAL OF PROPERTY.—Upon the 
forfeiture to the United States of any property 
or item described in clause (i) or (ii) of sub-
paragraph (A), or upon the abandonment or 
waiver of any claim to any such property or 
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