I 
110TH CONGRESS 
2D SESSION 
H. R. 6311 
To prevent the introduction and establishment of nonnative wildlife species 
that negatively impact the economy, environment, or human or animal 
species’ health, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JUNE 19, 2008 
Ms. BORDALLO (for herself, Mr. HASTINGS of Florida, Mr. ABERCROMBIE, 
Mr. KILDEE, Mr. KLEIN of Florida, Ms. MCCOLLUM of Minnesota, and 
Mr. KIND) introduced the following bill; which was referred to the Com-
mittee on Natural Resources 
A BILL 
To prevent the introduction and establishment of nonnative 
wildlife species that negatively impact the economy, envi-
ronment, or human or animal species’ health, and for 
other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as the ‘‘Nonnative Wildlife In-
vasion Prevention Act’’. 
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SEC. 2. PURPOSE. 
The purpose of this Act is to establish a risk assess-
ment process to prevent the introduction into, and estab-
lishment in, the United States of nonnative wildlife species 
that will cause or are likely to cause economic or environ-
mental harm or harm to human or animal species’ health. 
SEC. 3. RISK ASSESSMENT PROCESS FOR IMPORTATION OF 
NONNATIVE WILDLIFE SPECIES. 
(a) IN GENERAL.—The Secretary of the Interior, act-
ing through the United States Fish and Wildlife Service, 
shall promulgate regulations that establish a process for 
assessing the risk of all nonnative wildlife species proposed 
for importation into the United States, other than non-
native wildlife species that are included in the list of ap-
proved species issued under section 4. 
(b) FACTORS TO BE CONSIDERED.—Regulations 
under this section shall provide that in assessing the risk 
of a nonnative wildlife species the Secretary shall consider 
at a minimum— 
(1) the identity of the organism to the species 
level, including to the extent possible more specific 
information on its subspecies and genetic identity; 
(2) the geographic source of the species and the 
conditions under which it was captured or bred; 
(3) whether the species has established or 
spread, or caused harm to the economy or the envi-
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ronment or the health of humans or of wildlife, in 
ecosystems that are similar to those in the United 
States but are located outside the United States; 
(4) the likelihood that environmental conditions 
suitable for the establishment or spread of the spe-
cies exist anywhere in the United States; 
(5) the likelihood of establishment of the species 
in the United States; 
(6) the likelihood of spread of the species in the 
United States; 
(7) the likelihood that the species would harm 
wildlife resources in the United States; 
(8) the likelihood that the species would harm 
rare, threatened, or endangered species in the 
United States; 
(9) the likelihood that the species would harm 
habitats or ecosystems in the United States; 
(10) the likelihood that pathogenic species, 
parasitic species, or free-living species may accom-
pany the species proposed for importation; and 
(11) other factors important to the risks associ-
ated with the species. 
(c) CONSULTATION.—In promulgating the regula-
tions, the Secretary shall consult with States, Indian 
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tribes, other stakeholders, the Aquatic Nuisance Species 
Task Force, and the Invasive Species Council. 
(d) TRANSPARENCY.—The Secretary shall ensure 
that the risk assessment process established by the regula-
tions is scientifically credible and is consistent with sec-
tions 4 and 5. 
(e) DEADLINES.—The Secretary shall— 
(1) propose regulations under subsection (a) 
and an initial list under section 4(b), by not later 
than 2 years after the date of the enactment of this 
Act; 
(2) publish in the Federal Register final regula-
tions under subsection (a), an initial list under sec-
tion 4(b), and a notice of the prohibitions under this 
Act, by not later than 30 days before the date on 
which the Secretary begins assessing risk under the 
regulations; and 
(3) begin assessing risk under the regulations 
by not later than 37 months after the date of the 
enactment of this Act. 
(f) ANIMALS IMPORTED PRIOR TO PROHIBITION OF 
IMPORTATION.—This Act and regulations issued under 
this Act shall not interfere with the ability of any person 
to possess an individual animal of a species that was im-
ported legally, even if such species is later prohibited from 
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being imported under the regulations issued under this 
Act. 
SEC. 4. LIST OF APPROVED SPECIES. 
(a) REQUIREMENT TO ISSUE LIST.— 
(1) IN GENERAL.—Not later than 36 months 
after the date of enactment of this Act, the Sec-
retary shall publish in the Federal Register a list of 
nonnative wildlife species approved for importation. 
(2) EXCLUSION
OF
CERTAIN
SPECIES.—The 
Secretary shall not include in the list— 
(A) any species included in the list of pro-
hibited species under section 5; or 
(B) any species, the importation of which 
is prohibited by any other law or regulation. 
(3) REVISION.—The Secretary may revise the 
list issued under this subsection. 
(b) INITIAL LIST.— 
(1) IN GENERAL.—The Secretary shall include 
in the initial list under this section nonnative wildlife 
species that the Secretary finds— 
(A) based on the best scientific and com-
mercial data available, are not harmful to the 
United States’ economy, the environment, or 
human or other animal species’ health; or 
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(B) may be harmful in some respects, but 
already are so widespread in the United States 
that future import prohibitions or restrictions 
would have no practical utility. 
(2) PROPOSALS
FOR
INCLUSION
IN
INITIAL 
LIST.—The Secretary— 
(A) shall, by not later than 60 days after 
the date of enactment of this Act, publish in 
the Federal Register and make available on the 
Internet a request for submission, by persons 
that import or that intend to import nonnative 
wildlife species, of proposals of nonnative wild-
life species to be included in the initial list 
under this subsection and supporting docu-
mentation for such proposals; 
(B) shall accept such proposals for 10 
months after the date the Secretary publishes 
the request for submissions; and 
(C) may propose a nonnative wildlife spe-
cies for inclusion in the list. 
(3) PUBLIC
NOTICE
AND
COMMENT.—Before 
issuing the initial list under this subsection, the Sec-
retary shall— 
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(A) publish in the Federal Register and 
make available on the Internet the proposed ini-
tial list; and 
(B) provide for, a period of not less than 
60 days, an opportunity to submit public com-
ments on the proposed list. 
(4) DEADLINE.—The Secretary shall publish in 
the Federal Register and make available on the 
Internet an initial list under this subsection. 
(c) PROPOSAL FOR INCLUSION ON THE APPROVED 
LIST.— 
(1) REQUEST FOR INFORMATION.—After publi-
cation of the list under this section, upon receipt of 
a proposal for, or proposing, inclusion of a nonnative 
wildlife species on the list (including a request to im-
port such a species that is not on the list published 
under this section and section 5, respectively), the 
Secretary shall provide notice of the proposal and an 
opportunity to comment to the head of each agency 
and each interested person with information relevant 
to the process for assessing the risk established 
under section 3. 
(2) DETERMINATION.—The Secretary shall 
make one of the following determinations regarding 
such a proposal in a reasonable period of time and 
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in accordance with the factors to be considered 
under section 3(b): 
(A) The nonnative wildlife species is ap-
proved for importation, and is added to the list 
of approved species under this section. 
(B) The nonnative wildlife species is not 
approved for importation, unless permitted 
under section 7. 
(3) TREATMENT OF UNAPPROVED SPECIES.—If 
the Secretary makes a determination under para-
graph (2)(B) that a nonnative wildlife species is not 
approved for importation, the Secretary shall— 
(A) include the nonnative wildlife species 
on the list of unapproved species under section 
5; or 
(B) request the person who submitted a 
proposal for which the determination is made to 
submit additional information, tests, or data 
needed to make a definitive determination 
under this section. 
(d) NOTICE
OF DETERMINATION.—The Secretary 
shall publish in the Federal Register and make available 
on the Internet or other appropriate means, the deter-
minations made with respect to proposals considered 
under this section. 
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SEC. 5. LIST OF UNAPPROVED SPECIES. 
(a) REQUIREMENT TO ISSUE LIST.— 
(1) IN GENERAL.—The Secretary shall publish 
in the Federal Register a list of nonnative wildlife 
species that are prohibited or restricted from enter-
ing the United States. 
(2) INCLUDED SPECIES.—The list under this 
subsection shall include— 
(A) those species listed by Federal regula-
tion as injurious wildlife under section 42 of 
title 18, United States Code, as of the date of 
enactment of this Act; and 
(B) any other species the Secretary has de-
termined under section 4(c) is not approved for 
importation. 
(b) PETITION PROCESS TO ADD OR REMOVE SPE-
CIES FROM UNAPPROVED LIST.— 
(1) IN GENERAL.—Any person may petition the 
Secretary to add to or remove from the list under 
this section any nonnative wildlife species, consistent 
with regulations established under this Act. 
(2) NOTICE.—The Secretary shall publish no-
tice of the petition and provide an opportunity for 
public comment. 
(3) ACTION
ON
PETITION.—The Secretary 
shall— 
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(A) determine whether or not to add or re-
move the nonnative wildlife species from the 
list, as applicable, pursuant to the petition, 
within a reasonable time and based on informa-
tion that is provided by the petition or other-
wise readily available; 
(B) notify the petitioner of such deter-
mination; and 
(C) publish such determination in the Fed-
eral Register. 
(c) EMERGENCY AUTHORITY AND TEMPORARY PRO-
HIBITION.— 
(1) IN GENERAL.—If the Secretary determines 
that an emergency exists because a nonnative wild-
life species in the United States poses a serious 
threat of harm to the United States economy, the 
environment, or human or animal species’ health, 
the Secretary may temporarily place the nonnative 
wildlife species on the list of unapproved species. 
(2) DETERMINATION.—The Secretary shall 
publish in the Federal Register and make available 
to the public through the Internet or other appro-
priate means a final determination of whether to 
maintain the nonnative wildlife species on the list of 
unapproved species, within 180 days after tempo-
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rarily adding the nonnative wildlife species to such 
list. 
SEC. 6. PROHIBITIONS AND PENALTIES. 
(a) PROHIBITIONS.—No person shall— 
(1) import into the United States any nonnative 
wildlife species or viable eggs of such species that is 
not included in the list of approved species issued 
under section 4, except as authorized by a permit 
under section 7; 
(2) violate any term or condition of a permit 
issued under section 7; 
(3) knowingly possess (except as provided in 
section 3(f)), sell or offer to sell, purchase or offer 
to purchase, or barter for or offer to barter for, any 
nonnative wildlife species that is prohibited from 
being imported under paragraph (1), any descend-
ants of such a species, or viable eggs of such a spe-
cies; 
(4) knowingly release any nonnative wildlife 
species imported in violation of paragraph (1), or 
any viable eggs or descendants of such a species; 
(5) knowingly breed any nonnative wildlife spe-
cies imported in violation of paragraph (1), or pro-
vide any such species to others for breeding pur-
poses; or 
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(6) knowingly sell or offer to sell, purchase or 
offer to purchase, barter or offer to barter for or 
offer to barter for, release, or breed any nonnative 
wildlife species referred to in section 3(f). 
(b) PENALTIES AND ENFORCEMENT.—Any person 
who violates subsection (a) of this section shall be subject 
to the civil penalties and criminal penalties described in 
section 4 of the Lacey Act Amendments of 1981 (16 
U.S.C. 3373). Sections 4(b), 4(e), 5, and 6 of that Act 
shall apply to such a violation in the same manner as they 
apply to a violation of that Act. 
(c) LIMITATION ON APPLICATION.—Subsection (a) 
shall not apply to any action by law enforcement personnel 
engaged in enforcement of this section. 
(d) EFFECTIVE DATE.—This section shall take effect 
37 months after the date of the enactment of this Act. 
SEC. 7. PERMITS. 
The Secretary may issue a permit authorizing impor-
tation otherwise prohibited by section 6(a)(1) for edu-
cational, scientific research, or accredited zoological or 
aquarium display purposes. 
SEC. 8. FEES. 
(a) IN GENERAL.—The Secretary shall establish and 
collect a fee to recover, to the maximum extent practicable, 
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costs of assessing risk of nonnative wildlife species under 
the regulations issued under section 3. 
(b) NONNATIVE WILDLIFE INVASION PREVENTION 
FUND.— 
(1) ESTABLISHMENT.—There is established in 
the Treasury a separate account which shall be 
known as the Nonnative Wildlife Invasion Preven-
tion Fund. 
(2) CONTENTS.—There shall be deposited into 
the account amounts received by the United States 
as fees under this section. 
(3) USE.—Amounts in the account shall be 
available to the Secretary, subject to the availability 
of appropriations, for the purposes of implementing 
this Act. 
SEC. 9. TREATMENT OF NONNATIVE WILDLIFE SPECIES AS 
NONMAILABLE MATTER. 
Nonnative wildlife species included in the list of ap-
proved species issued under section 4 shall be considered 
and treated as nonmailable matter under section 3015 of 
title 39, United States Code. 
SEC. 10. RELATIONSHIP TO STATE LAW. 
(a) IN GENERAL.—Nothing in this Act preempts or 
otherwise affects the application of any State law that es-
tablishes stricter requirements for importation, possession, 
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sale, purchase, release, or breeding of, or bartering for, 
any nonnative wildlife species, except to the extent that 
State law is inconsistent with this Act. 
(b) LIMITATION ON APPLICATION OF PROHIBITIONS 
AND PENALTIES TO PREVENT RELEASE.—The Secretary 
may limit the application of any provision of section 6 to 
facilitate implementation of any State program that en-
courages voluntary surrender to a State of nonnative wild-
life species, if the Secretary determines that such limita-
tion will prevent release of such species. 
SEC. 11. DEFINITIONS. 
For the purposes of this Act: 
(1) 
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). 
(2) INVASIVE
SPECIES
COUNCIL.—The term 
‘‘Invasive Species Council’’ means the Invasive Spe-
cies Council established by Executive Order 13112 
on February 8, 1999 (64 Fed. Reg. 6183). 
(3) NATIVE SPECIES.—The term ‘‘native spe-
cies’’ means a species that historically occurred or 
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currently occurs in the United States, other than as 
a result of an introduction by humans. 
(4) NONNATIVE WILDLIFE SPECIES.—The term 
‘‘nonnative wildlife species’’— 
(A) except as provided in subparagraph 
(C), means any species of animal that is not a 
native species, whether or not raised in cap-
tivity; 
(B) except as provided in subparagraph 
(C), includes— 
(i) any such species of mammal, bird, 
fish, reptile, amphibian, insect, mollusk 
and crustacean, arthropod, coelenterate, or 
other invertebrate, and 
(ii) any egg or offspring thereof; and 
(C) does not include any species specifi-
cally defined or regulated as a plant pest under 
the Plant Protection Act (7 U.S.C. 7701 et 
seq.) or as a threat to livestock or poultry 
under the Animal Health Protection Act (7 
U.S.C. 8301 et seq.). 
(5) SECRETARY.—The term ‘‘Secretary’’ means 
the Secretary of the Interior. 
(6) STATE.—The term ‘‘State’’ means any 
State of the United States, the District of Columbia, 
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American Samoa, Guam, the Commonwealth of the 
Northern Mariana Islands, Puerto Rico, and the 
Virgin Islands. 
(7) 
UNITED
STATES.—The 
term 
‘‘United 
States’’, when used in a geographic sense, means 
any State of the United States, the District of Co-
lumbia, American Samoa, Guam, the Commonwealth 
of the Northern Mariana Islands, Puerto Rico, the 
Virgin Islands, any possession of the United States, 
and any waters within the jurisdiction of the United 
States. 
Æ 
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