(B) any other species the Secretary deter-
mines under section 4(c)(2)(B) is not approved 
for importation. 
(b) PROPOSAL FOR INCLUSION ON THE LIST OF UN-
APPROVED SPECIES.— 
(1) PROPOSAL.— 
(A) IN GENERAL.—Any person may submit 
to the Secretary a proposal to add to the list 
under this section any nonnative wildlife spe-
cies. 
(B) INFORMATION
REQUIRED.—Any pro-
posal under this subsection must include suffi-
cient scientific and commercial information to 
allow the Secretary to evaluate whether the pro-
posed nonnative wildlife species is likely to 
cause economic or environmental harm or harm 
to other animal species’ or human health. 
(2) NOTICE.—The Secretary shall publish no-
tice of a complete proposal in the Federal Register 
and provide an opportunity for 30 days of public 
comment on the proposal. 
(3) DETERMINATION.—Based on scientific and 
commercial information provided in a proposal under 
paragraph (1) or otherwise available to the Sec-
retary, the Secretary shall make one of the following 
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determinations regarding such a proposal in a rea-
sonable period of time and in accordance with regu-
lations issued under section 3: 
(A) The nonnative wildlife species is not 
approved for importation except as provided in 
section 7, and is added to the list of unap-
proved species under this section. 
(B) The nonnative wildlife species is ap-
proved for importation. 
(C) The Secretary has insufficient sci-
entific and commercial information to make a 
determination under subparagraph (A) or (B). 
(4) TREATMENT
OF
APPROVED
SPECIES.—If 
the Secretary makes a determination under para-
graph (3)(B) that a nonnative wildlife species is ap-
proved for importation, the Secretary shall include 
the nonnative wildlife species in the list of approved 
species under section 4. 
(5) NOTICE
OF
DETERMINATION.—The Sec-
retary shall publish in the Federal Register notice of 
the determination made under paragraph (3) and 
make available on a publicly available Federal Inter-
net site or through other appropriate means the 
basis for the determination. 
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(c) REVISION.—The Secretary may revise the list 
issued under this section based on any scientific and com-
mercial information available to the Secretary. 
(d) EMERGENCY AUTHORITY AND TEMPORARY PRO-
HIBITION.— 
(1) IN GENERAL.—If the Secretary determines 
that an emergency exists because a nonnative wild-
life species poses an imminent threat of harm to the 
United States economy, the environment, or human 
or animal species’ health, the Secretary may tempo-
rarily include the nonnative wildlife species in the 
list of unapproved species under this section and, as 
appropriate, remove the species from the list of ap-
proved species under section 4. 
(2) NOTICE
OF
TEMPORARY
LISTING.—The 
Secretary shall publish in the Federal Register no-
tice of each temporary listing under this subsection 
and make available on a publicly available Federal 
Internet site or through other appropriate means the 
basis for the temporary listing. 
(3) DETERMINATION.—Within 180 days after 
temporarily including a nonnative wildlife species in 
the unapproved species list under this section, the 
Secretary shall make a final determination under 
subsection (b)(3) regarding the species, publish in 
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the Federal Register notice of the final determina-
tion, and make available on a publicly available Fed-
eral Internet site or through other appropriate 
means the basis for the final determination. 
(4) LIMITATION ON PROCEDURES.—The proce-
dures under section 4(c)(1)(A)(ii), subsection (b)(2) 
of this section, and section 553 of title 5, United 
States Code, shall not apply to determinations under 
this subsection. 
SEC. 6. PROHIBITIONS AND PENALTIES. 
(a) PROHIBITIONS.—Except as provided in this sec-
tion or in section 7, it is unlawful for any person subject 
to the jurisdiction of the United States to— 
(1) import into or export from the United 
States any nonnative wildlife species that is not in-
cluded in the list of approved species issued under 
section 4; 
(2) transport between any State by any means 
whatsoever any nonnative wildlife species that is not 
included in the list of approved species issued under 
section 4; 
(3) violate any term or condition of a permit 
issued under section 7; 
(4) possess (except as provided in section 3(f)), 
sell or offer to sell, purchase or offer to purchase, 
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or barter for or offer to barter for, any nonnative 
wildlife species that is prohibited from being im-
ported under paragraph (1); 
(5) release into the wild any nonnative wildlife 
species that is prohibited from being imported under 
paragraph (1); or 
(6) breed any nonnative wildlife species that is 
prohibited from being imported under paragraph 
(1), or provide any such species to another person 
for breeding purposes. 
(b) PENALTIES AND ENFORCEMENT.—Any person 
who violates subsection (a) shall be subject to the civil pen-
alties and criminal penalties described in section 4 of the 
Lacey Act Amendments of 1981 (16 U.S.C. 3373). Sec-
tions 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.— 
(1) IN
GENERAL.—The prohibitions in sub-
section (a) shall not apply to— 
(A) any action by Federal, State, tribal, or 
local law enforcement personnel to enforce this 
section; and 
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(B) any action by Federal or State officials 
to prevent the introduction or establishment of 
nonnative wildlife species. 
(2) IMPORTATION
AND
TRANSPORTATION
BY 
FEDERAL AGENCIES.—Nothing in this Act shall re-
strict the import or transportation between any 
States of nonnative wildlife species by a Federal 
agency for its own use, if the nonnative wildlife spe-
cies remains in the possession of a Federal agency. 
(d) EFFECTIVE DATE.—This section shall take effect 
upon the publication of notice under section 3(e)(3). 
SEC. 7. PERMITS. 
(a) IN GENERAL.—The Secretary may issue a permit 
authorizing importation otherwise prohibited under sec-
tion 6(a)(1), for scientific research, medical, accredited zo-
ological or aquarium display purposes, or for educational 
purposes that are specifically reviewed, approved, and 
verified by the Secretary, if the Secretary finds that there 
has been a proper showing by the permittee of responsi-
bility for the specimen and continued protection of the 
public interest and health with respect to the specimen. 
(b) TERMS AND CONDITIONS.—The Secretary may 
include in a permit under subsection (a) terms and condi-
tions to minimize the risk of introduction or establishment 
of the nonnative wildlife species in the United States. 
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SEC. 8. FEES. 
(a) FEE FOR PROPOSAL TO INCLUDE SPECIES IN 
LIST.— 
(1) IN GENERAL.—The Secretary shall establish 
in the regulations under section 3, and collect, a fee 
from any person that after publication of the final 
preliminary list under section 4(b) submits to the 
Secretary— 
(A) a proposal under section 4(c) to in-
clude a nonnative wildlife species to the list of 
approved species under section 4; or 
(B) a proposal under section 5(b) to in-
clude a nonnative wildlife species to the list of 
unapproved species under section 5. 
(2) PURPOSE.—The fee shall be to recover 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 all amounts received by the United 
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States as fees under this section or as fines for vio-
lations of this Act and its implementing regulations. 
(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, transpor-
tation, possession, sale, purchase, release, or breeding of, 
or bartering for, any nonnative wildlife species. 
(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. 
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SEC. 11. REQUIREMENT TO ISSUE REGULATIONS. 
The Secretary shall prescribe such regulations as are 
necessary and appropriate to carry out the purposes of 
this Act. 
SEC. 12. RELATIONSHIP TO OTHER FEDERAL LAWS. 
Except as provided in section 13, nothing in this Act 
shall be construed— 
(1) as repealing, superseding, or modifying any 
provision of the Public Health Service Act (42 
U.S.C. 201 et seq.) or the Federal Food, Drug, and 
Cosmetic Act (21 U.S.C. 301 et seq.); or 
(2) as authorizing any action with respect to 
the importation of any plant pest as defined in the 
Federal Plant Pest Act (7 U.S.C. 150aa et seq.), in-
sofar as such importation is subject to regulation 
under that Act. 
SEC. 13. REDESIGNATION OF INVASIVE SPECIES COUNCIL 
AS NATIONAL INVASIVE SPECIES COUNCIL. 
(a) REDESIGNATION.—The Invasive Species Council 
established by Executive Order 13112 on February 8, 
1999 (64 Fed. Reg. 6183) is redesignated as the National 
Invasive Species Council. 
(b) REFERENCES.—Any reference in a law, map, reg-
ulation, document, paper, or other record of the United 
States to the council referred to in subsection (a) is 
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deemed to be a reference to the National Invasive Species 
Council. 
SEC. 14. 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) IMPORT.—The term ‘‘import’’ means to 
land on, bring into, or introduce into, or attempt to 
land on, bring into, or introduce into, any place sub-
ject to the jurisdiction of the Government of the 
United States, whether or not such landing, bringing 
into, or introduction constitutes an importation with-
in the meaning of the customs laws of the Govern-
ment of the United States. 
(3) 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), as redesignated by sec-
tion 13. 
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(4) NATIVE SPECIES.—The term ‘‘native spe-
cies’’ means a species that historically occurred or 
currently occurs in the United States, other than as 
a result of an intentional or unintentional introduc-
tion by humans. 
(5) NONNATIVE WILDLIFE SPECIES.—The term 
‘‘nonnative wildlife species’’— 
(A) except as provided in subparagraph 
(C), means any live species or subspecies of ani-
mal that is not a native species or subspecies, 
whether or not born or raised in captivity; 
(B) except as provided in subparagraph 
(C), includes— 
(i) any such live, wild species or sub-
species of mammal, bird, fish, reptile, am-
phibian, insect, mollusk, crustacean, ar-
thropod, coelenterate, or other inverte-
brate, and 
(ii) any viable egg, sperm, gamete, or 
other reproductive material or offspring 
thereof; 
(C) does not include any species that is— 
(i) specifically defined or regulated as 
a plant pest or approved for biological con-
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