Lacey Act Amendments of 2021
Bill: S.626 | Sponsor: Sen. Rubio, Marco (R-FL)
Policy area: Crime and Law Enforcement

Summary:
Lacey Act Amendments of 2021
This bill modifies the injurious wildlife provision of the Lacey Act, which generally prohibits the import and shipment of listed living creatures and their eggs.
First, the bill specifies that the prohibition on shipment applies to interstate shipments within the continental United States.
Second, the bill authorizes the Department of the Interior to issue an emergency designation prohibiting the importation of a species if necessary to address an imminent threat to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife, or to the wildlife resources of the United States.
Third, the bill establishes a presumptive prohibition on the importation of any nonnative species of wild mammal, wild bird, fish (including mollusks and crustacea), amphibian, or reptile, or the eggs of any such species. The presumption may be overcome if Interior determines that the species does not pose a significant risk of invasiveness to the United States.

To amend title 18, United States Code, to enhance protections against 
 the importation, and transport between States, of injurious species, 
                        and for other purposes.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Lacey Act Amendments of 2021''.

SEC. 2. AMENDMENTS.

    (a) In General.--Section 42 of title 18, United States Code, is 
amended--
            (1) in subsection (a)(1)--
                    (A) in the first sentence, by striking ``shipment 
                between the continental United States'' and inserting 
                ``transport between the States''; and
                    (B) by inserting after the first sentence the 
                following: ``Notwithstanding any other provision of 
                law, the Secretary of the Interior may prescribe by 
                regulation an emergency designation prohibiting the 
                importation of any species of wild mammals, wild birds, 
                fish (including mollusks and crustacea), amphibians, or 
                reptiles, or the offspring or eggs of any such species, 
                as injurious to human beings, to the interests of 
                agriculture, horticulture, forestry, or to wildlife or 
                the wildlife resources of the United States, for not 
                more than 3 years, under this subsection, if the 
                Secretary of the Interior determines that such 
                regulation is necessary to address an imminent threat 
                to human beings, to the interests of agriculture, 
                horticulture, forestry, or to wildlife or the wildlife 
                resources of the United States. An emergency 
                designation prescribed under this subsection shall take 
                effect immediately upon publication in the Federal 
                Register, unless the Secretary of the Interior 
                prescribes an effective date that is not later than 60 
                days after the date of publication. During the period 
                during which an emergency designation prescribed under 
                this subsection for a species is in effect, the 
                Secretary of the Interior shall evaluate whether the 
                species should be designated as an injurious wildlife 
                species under the first sentence of this paragraph.''; 
                and
            (2) by adding at the end the following:
    ``(d) Presumptive Prohibition on Importation.--
            ``(1) In general.--Importation into the United States of 
        any species of wild mammals, wild birds, fish (including 
        mollusks and crustacea), amphibians, or reptiles, or the 
        offspring or eggs of any such species, that is not native to 
        the United States and, as of the date of enactment of the Lacey 
        Act Amendments of 2021, is not prohibited under subsection 
        (a)(1), is prohibited, unless--
                    ``(A) during the 1-year period preceding the date 
                of enactment of the Lacey Act Amendments of 2021, the 
                species was, in more than minimal quantities--
                            ``(i) imported into the United States; or
                            ``(ii) transported between the States, any 
                        territory of the United States, the District of 
                        Columbia, the Commonwealth of Puerto Rico, or 
                        any possession of the United States; or
                    ``(B) the Secretary of the Interior determines, 
                after an opportunity for public comment, that the 
                species does not pose a significant risk of 
                invasiveness to the United States and publishes a 
                notice in the Federal Register of the determination.
            ``(2) Rule of construction.--Nothing in paragraph (1) shall 
        be construed to limit the authority of the Secretary of the 
        Interior under subsection (a)(1).''.
    (b) Conforming Amendments.--Section 42(a) of title 18, United 
States Code, is amended--
            (1) in paragraph (2), by inserting ``and subsection (d)'' 
        after ``this subsection'';
            (2) in paragraph (3)--
                    (A) by striking ``the foregoing'' and inserting 
                ``paragraph (1) or subsection (d)''; and
                    (B) by striking ``this Act'' each place the term 
                appears and inserting ``this section'';
            (3) in paragraph (4), by inserting ``or subsection (d)'' 
        after ``this subsection''; and
            (4) in paragraph (5)--
                    (A) by inserting ``and subsection (d)'' after 
                ``this subsection''; and
                    (B) by striking ``hereunder'' and inserting ``under 
                such provisions''.
    (c) Regulations; Effective Date.--
            (1) Regulations.--Not later than 1 year after the date of 
        enactment of this Act, the Secretary of the Interior shall 
        promulgate regulations to define the term ``minimal 
        quantities'' for purposes of subsection (d)(1)(A) of section 42 
        of title 18, United States Code, as added by subsection (a)(2).
            (2) Effective date.--Subsection (d) of section 42 of title 
        18, United States Code, as added by subsection (a)(2), shall 
        take effect on the date that is 1 year after the date of 
        enactment of this Act.
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