Guest guest Posted April 25, 2009 Report Share Posted April 25, 2009 > http://www.govit.com/vote/congress.aspx?bill=2009-hr-669 ` > HR 669You haven’t voted yet. Abstain 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. Sponsor: Madeleine Z. Bordallo (D) GU Status: Active 583 votes 86% No 92 votes 59 COMMENTS Details Member Votes Take Action: email friends email congress link Summary:1/26/2009--Introduced.Nonnative Wildlife Invasion Prevention Act - Requires the Secretary of the Interior to promulgate regulations establishing a process for assessing the risk of all nonnative wildlife species proposed for importation into the United States, other than those included in a list of approved species issued under this Act. Sets forth factors that must be considered, including the identity of the organism to the species level, the native range of the species, whether the species has caused harm to the economy, the environment, or other animal species or human health in similar ecosystems, and the likelihood of establishment or spread of the species in the United States. Provides procedures for issuance and expansion of a list of nonnative wildlife species approved for importation and a list of nonnative wildlife species that are prohibited.Establishes prohibitions on: (1) importation or transportation between states of nonnative species that are not included in the list of approved species; (2) permit violations; and (3) possession, purchase, sale, barter, release, or breeding of such species.Exempts from such prohibitions actions by law enforcement personnel to enforce this Act or by federal or state officials to prevent the introduction or establishment of nonnative wildlife species. Declares that nothing in this act restricts the importation or transportation between states of such species by a federal agency for its own use if the species remains in its possession. Authorizes the Secretary to issue permits authorizing otherwise prohibited importation for scientific research, for medical, accredited zoological 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 responsibility for the specimen and continued protection of the public interest and health.Allows the imposition of fees on persons who submit a proposal to include a species in either of the lists to recover the costs of assessing risks of nonnative wildlife species. Establishes a Nonnative Wildlife Invasion Prevention Fund into which such fees and fines for violations will be deposited.Redesignates the Invasive Species Council established by Executive Order 13112 as the National Invasive Species Council. Text of Legislation:HR 669 IH111th CONGRESS1st SessionH. R. 669To 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 REPRESENTATIVESJanuary 26, 2009Ms. BORDALLO (for herself, Mr. GEORGE MILLER of California, Mr. ABERCROMBIE, 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 ResourcesA BILLTo 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.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 ‘Nonnative Wildlife Invasion Prevention Act’.SEC. 2. PURPOSE.The purpose of this Act is to establish a risk assessment process to prevent the introduction into, and establishment in, the United States of nonnative wildlife species that will cause or are likely to cause economic or environmental 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, acting 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 nonnative wildlife species that are included in the list of approved species issued under section 4.(b) Factors To Be Considered- The regulations promulgated under subsection (a) shall include consideration of--(1) the identity of the organism to the species level, including to the extent possible specific information 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 environment, or other animal species or human health in 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 species 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 proposed for importation; and(11) other factors important to assessing the risks associated with the species, consistent with the purpose under section 2.© Notice- In promulgating the regulations under subsection (a), the Secretary shall provide notice to States, Indian tribes, other stakeholders concerned with environmental, 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 Prevention.(d) Transparency- The Secretary shall ensure that the risk assessment process established by the regulations 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 preliminary list of approved species 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 regulations 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(3) begin assessing risk with respect to nonnative wildlife species under the final regulations promulgated under subsection (a), and publish notice thereof, by not later than 37 months after the date of the enactment of this Act.(f) Animals Owned Lawfully 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 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 Secretary 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 prohibited species under section 5; or(B) any species, the importation of which is prohibited by any other Federal law or regulation of the United States due to the likelihood of causing harm to the economy, the environment, or other animal species or human health.(3) REVISION- The Secretary may revise the list issued under this section based on available scientific 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 provided in a proposal under paragraph (2) or otherwise available to the Secretary--(A) are not harmful to the United States’ economy, the environment, or other animal species’ or human health; or(B) may be harmful to the United States’ economy, the environment, or other animal species’ or human health, but already are so widespread in the United States that it is clear to the Secretary that any import prohibitions or restrictions would have no practical utility for the United States.(2) PROPOSALS FOR INCLUSION IN PRELIMINARY 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 request 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© may propose a nonnative wildlife species 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(B) provide for, a period of not less than 60 days, an opportunity to submit public comments 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.© 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 subparagraph (B) a proposal to include a nonnative 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 proposal under clause (i), the Secretary shall publish notice of the proposal in the Federal Register and provide an opportunity for 30 days of public comment on the proposal.(B) INFORMATION REQUIRED- Any proposal under this paragraph must include sufficient scientific and commercial information to allow the Secretary to evaluate whether the proposed nonnative wildlife species is likely to cause economic or environmental harm or harm to other animal species’ or human health.(2) DETERMINATION- Based on scientific and commercial information provided in a proposal under paragraph (1) or otherwise available to the Secretary, the Secretary shall make one of the following determinations regarding such a proposal in a reasonable period of time and in accordance with the regulations issued under section 3:(A) The nonnative wildlife species is approved 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.© The Secretary has insufficient scientific and commercial information to make a determination under subparagraph (A) or (B).(3) TREATMENT OF UNAPPROVED SPECIES- If the Secretary makes a determination under paragraph (2)(B) that a nonnative wildlife species is not approved for importation, the Secretary shall include the nonnative wildlife species in the list of unapproved species under section 5.(4) NOTICE OF DETERMINATION- The Secretary shall publish in the Federal Register notice of the determination made under paragraph (2) and make available on a publicly available Federal Internet site or through other appropriate means, the basis for the determination.SEC. 5. LIST OF UNAPPROVED SPECIES.Full Text of Legislation Quote Link to comment Share on other sites More sharing options...
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