I 
111TH CONGRESS 
1ST SESSION 
H. R. 669 
To prevent the introduction and establishment of nonnative wildlife species 
that negatively impact the economy, environment, or other animal species’ 
or human health, and for other purposes. 
IN THE HOUSE OF REPRESENTATIVES 
JANUARY 26, 2009 
Ms. BORDALLO (for herself, Mr. GEORGE MILLER of California, Mr. ABER-
CROMBIE, Mr. HASTINGS of Florida, Mr. KIND, Mr. MCGOVERN, Mrs. 
NAPOLITANO, Mr. GRIJALVA, Mr. KLEIN of Florida, and Mr. KILDEE) 
introduced the following bill; which was referred to the Committee on 
Natural Resources 
A BILL 
To prevent the introduction and establishment of nonnative 
wildlife species that negatively impact the economy, envi-
ronment, or other animal species’ or human 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 other animal species’ health or 
human 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.—The regulations 
promulgated under subsection (a) shall include consider-
ation of— 
(1) the identity of the organism to the species 
level, including to the extent possible specific infor-
mation on its subspecies and genetic identity; 
(2) the native range of the species; 
(3) whether the species has established or 
spread, or caused harm to the economy, the environ-
ment, or other animal species or human health in 
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ecosystems in or ecosystems that are similar to those 
in the United States; 
(4) the likelihood that environmental conditions 
suitable for the establishment or spread of the spe-
cies exist 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 
native species that are rare or native species that 
have been listed as threatened species or endangered 
species in the United States under the Endangered 
Species Act of 1973 (16 U.S.C. 1531 et seq.); 
(9) the likelihood that the species would harm 
habitats or ecosystems in the United States; 
(10) the likelihood that pathogenic species or 
parasitic species may accompany the species pro-
posed for importation; and 
(11) other factors important to assessing the 
risks associated with the species, consistent with the 
purpose under section 2. 
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(c) NOTICE.—In promulgating the regulations under 
subsection (a), the Secretary shall provide notice to States, 
Indian tribes, other stakeholders concerned with environ-
mental, humane, public health, economic, trade, and other 
relevant issues, the Aquatic Nuisance Species Task Force, 
the National Invasive Species Council, the Department of 
Agriculture, and the Centers for Disease Control and Pre-
vention. 
(d) TRANSPARENCY.—The Secretary shall ensure 
that the risk assessment process established by the regula-
tions under subsection (a) is based on sound science and 
is consistent with sections 4 and 5. 
(e) DEADLINES.—The Secretary shall— 
(1) publish in the Federal Register proposed 
regulations under subsection (a) and a proposed pre-
liminary list of approved species under section 4(b), 
by not later than 2 years after the date of the enact-
ment of this Act; 
(2) publish in the Federal Register final regula-
tions under subsection (a), a final preliminary list of 
approved species under section 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 
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(3) begin assessing risk with respect to non-
native wildlife species under the final regulations 
promulgated under subsection (a), and publish no-
tice thereof, by not later than 37 months after the 
date of the enactment of this Act. 
(f) ANIMALS OWNED LAWFULLY PRIOR TO PROHIBI-
TION 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 any species if 
such individual animal was legally owned by the person 
before the risk assessment is begun pursuant to subsection 
(e)(3), even if such species is later prohibited from being 
imported under the regulations issued under this Act. 
SEC. 4. LIST OF APPROVED SPECIES. 
(a) REQUIREMENT TO ISSUE LIST OF APPROVED 
SPECIES.— 
(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 
into the United States. 
(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 
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(B) any species, the importation of which 
is prohibited by any other Federal law or regu-
lation of the United States due to the likelihood 
of causing harm to the economy, the environ-
ment, or other animal species or human health. 
(3) REVISION.—The Secretary may revise the 
list issued under this section based on available sci-
entific and commercial information. 
(b) PRELIMINARY LIST.— 
(1) IN GENERAL.—The Secretary shall include 
in the preliminary list under this section nonnative 
wildlife species that the Secretary finds, consistent 
with the factors described in section 3(b) and based 
on scientific and commercial information that is pro-
vided in a proposal under paragraph (2) or other-
wise available to the Secretary— 
(A) are not harmful to the United States’ 
economy, the environment, or other animal spe-
cies’ or human health; or 
(B) may be harmful to the United States’ 
economy, the environment, or other animal spe-
cies’ or human health, but already are so wide-
spread in the United States that it is clear to 
the Secretary that any import prohibitions or 
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restrictions would have no practical utility for 
the United States. 
(2) PROPOSALS
FOR
INCLUSION
IN
PRELIMI-
NARY 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 a 
publically available Federal Internet site, a re-
quest for submission, by any interested persons 
(including persons that import or that intend to 
import nonnative wildlife species), of proposals 
of nonnative wildlife species to be included in 
the preliminary list under this subsection and 
supporting documentation 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 preliminary list. 
(3) PUBLIC
NOTICE
AND
COMMENT.—Before 
issuing the final preliminary list of approved species 
under this subsection, the Secretary shall— 
(A) publish in the Federal Register and 
make available on a publicly available Federal 
Internet site, the proposed preliminary list; and 
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(B) provide for, a period of not less than 
60 days, an opportunity to submit public com-
ments on the proposed preliminary list. 
(4) PUBLICATION
OF
LIST.—The Secretary 
shall publish in the Federal Register and make 
available on a publicly available Federal Internet 
site, the final preliminary list under this subsection. 
(c) PROPOSAL FOR INCLUSION ON THE APPROVED 
LIST.— 
(1) SUBMISSION OF PROPOSALS.— 
(A) IN GENERAL.—After publication of the 
final preliminary list under subsection (b)— 
(i) any interested person may submit 
to the Secretary in accordance with sub-
paragraph (B) a proposal to include a non-
native wildlife species in the approved list 
under this section (including a request to 
import such a species that is not in the list 
published under this section and section 5, 
respectively); and 
(ii) upon receipt of a complete pro-
posal under clause (i), the Secretary shall 
publish notice of the proposal in the Fed-
eral Register and provide an opportunity 
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