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 Com-
mittee on Natural Resources, and in addition to the Committees on the 
Judiciary, Ways and Means, and the Budget, for a period to be subse-
quently 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 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’’. 
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) DIRECTOR.—The term ‘‘Director’’ means 
the Director of the United States Fish and Wildlife 
Service. 
(4) FUND.—The term ‘‘Fund’’ means the Inju-
rious Wildlife Prevention Fund established by sec-
tion 16(a). 
(5) 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. 
(6) INDIAN TRIBE.—The term ‘‘Indian tribe’’ 
has the meaning given the term in section 4 of the 
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Indian Self-Determination and Education Assistance 
Act (25 U.S.C. 450b). 
(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-
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— 
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(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); 
(VII) domesticated members of 
the family Anatidae (geese); 
(VIII) duck (domesticated Anas 
spp.); 
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(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); 
(XIX) domesticated varieties of 
rabbit (Oryctolagus cuniculus); 
(XX) sheep (Ovis aries); or 
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(XXI) any other species or sub-
species that the Director determines 
to be common and clearly domes-
ticated. 
(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 is 
determined by the Director to be— 
(A) for scientific, veterinary, or medical re-
search or education, or a zoo or aquarium ac-
credited by the Association of Zoos and Aquar-
iums; or 
(B) an approved wildlife sanctuary. 
(12) 
SECRETARY.—The 
term 
‘‘Secretary’’ 
means the Secretary of the Interior. 
(13) STATE.—The term ‘‘State’’ means— 
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(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. 
(14) UNITED
STATES.—The term ‘‘United 
States’’ means— 
(A) the States; and 
(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 Direc-
tor, at the discretion of the Director, may propose the reg-
ulation of, or revised regulation of, 1 or more taxa. 
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(b) INFORMATION.—A proposal by a person or agen-
cy should include adequate information to allow the Direc-
tor 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.— 
(1) IN GENERAL.—Upon receipt of a proposal 
that the Director determines to be complete, and for 
any proposal the Director elects to prepare, the Di-
rector shall publish notice of the proposal in the 
Federal Register and provide an opportunity for at 
least 60 days of public comment. 
(2) 
REGULATIONS
FOR
COMPLETE
PRO-
POSALS.—Not later than 180 days after the date of 
enactment of this Act, the Secretary, acting through 
the Director, shall promulgate regulations on the cri-
teria for complete proposals. 
(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 Director shall make 
a determination as to whether the proposal should be ap-
proved or disapproved. 
(e) NOTICE
OF
DETERMINATION.—The Director 
shall— 
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(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 Director, 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 Director deter-
mines— 
(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-
cant experience in maintaining 
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successfully in captivity and pre-
venting escapes or releases; and 
(II) except as provided in section 
12, the importation and transpor-
tation of which in interstate commerce 
shall be conducted only pursuant 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 Director deter-
mines— 
(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-
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cessfully in captivity and pre-
venting escapes or releases; and 
(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 
Director shall— 
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(A) ensure that the risk assessment and 
risk determination processes conducted under 
this section are based on sound science; and 
(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 
Director as an Injurious I taxon or Injurious II 
taxon under this subsection, based on a determina-
tion by the Director of whether the taxon meets the 
criteria described in clause (i) or (ii), respectively, of 
paragraph (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 
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Act, the Secretary shall promulgate final regu-
lations required under this subsection, including 
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.—Not later than 3 
years after the date of enactment of this 
Act, the Secretary 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 Direc-
tor prior to allowance of their impor-
tation to the United States to deter-
mine whether they should be regu-
lated under any of clause (i) or (ii) of 
paragraph (1)(A). 
(ii) AVOIDANCE
OF
NEW
INCEN-
TIVES.—In promulgating the regulation 
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under clause (i), the Secretary shall seek 
to avoid creating a new incentive for ani-
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; 
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(4) the likelihood of establishment and spread 
of the taxon; 
(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 Director 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 Di-
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rector with respect to the taxon, including the 
results of any risk assessments conducted for 
the taxon that are available to the Director; 
(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 Director 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 Director shall notify 
and consult with, at a minimum— 
(1) affected States, Indian tribes, qualified in-
stitutions, and other stakeholders; 
(2) the Aquatic Nuisance Species Task Force; 
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(3) the National Invasive Species Council; 
(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 Director 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 Director 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 Di-
rector 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 
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the emergency authority under this section, the Director 
shall— 
(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 Director shall respond promptly with a written 
determination on the request. 
SEC. 7. INFORMATION ON IMPORTED ANIMALS. 
(a) IMPROVED INFORMATION.—The Director 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-
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ulatory status of the wildlife, in a form that permits 
that information to be rapidly accessed; and 
(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 Director 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 Director shall regularly— 
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(1) monitor the identities and quantities of non-
native wildlife taxa being imported, with particular 
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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