GOV/MIL FED GOV proposes to BAN all non-native to USA ANIMALS excpt cats & dogs.

[ainitfunny]

US HOUSE bill HR669 "The Nonnative Wildlife Invasion Prevention Act (H.R. 669)" Proposes to ban NATIONWIDE everything from snakes, gekko's, turtles any non native animal imported or brought or bought from another nation, no matter how long that animal species has lived in America. JUST ABOUT EVERYTHING but dogs and cats. It would be ILLEGAL TO POSSESS, BREED, SELL any non native wild animal. At this stage of the bill's drafting it would require the ZOO to secure (Probably meaning BUY, which is just ANOTHER TAX) THOUSANDS OF PERMITS YEARLY to keep their exhibited animals!

http://www.todaystmj4.com/news/local/43210957.html

There is a video interview with a pet shop owner at the above link, just click on the "video" link to the left of the article.
HERE IS A VERY ANGRY (DISENCHANTED DEMOCRAT?)BLOGGER WHO LOOKED INTO THE DETAILS:
http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x8331059

 

[mzkitty]

Wow, now this could make Dennis go nuclear!!!

Oops, the way it read on first glance, I thought it meants cats and dogs too. LOL.

 

[denfoote]

Time for the good people of Wisconsin to show their traitorous critters the gallows!!

 

[ainitfunny]

SORRY FOLKS, I GOOFED. This is NOT a Wisconsin proposed law, it is a PROPOSED FEDERAL LAW FOR EVERYBODY.


The Nonnative Wildlife Invasion Prevention Act (H.R. 669)
I Edited the original post to correct that initial goof.

You REALLY ought to go read this bloggers post to get a real sense of what is really up. http://www.democraticunderground.com/discuss/duboard.php?az=view_all&address=132x8331059

 

[ainitfunny]

I wonder how they are going to handle people with ostrich farms or llamas? Will they be buying expensive permits every year for each animal?

TAXING IS BECOMING A REAL SCIENCE OF INNOVATION BY THOSE DESPERATELY LOOKING FOR NEW WAYS TO "LEGALLY" PLUNDER WHATEVER WEALTH WE STILL POSSESS AND/OR MAKE CRIMINALS OF PEACEFUL HARD WORKING PEOPLE.

 

[Lilbitsnana]

So, does this include farm animals? Horses, cows, pigs, chickens, etc??

Those can be pets sometimes too, and I am pretty certain most of those are "non-native". Especially since they go retroactive to the beginning it seems.

 

[rhughe13]

So, does this include farm animals? Horses, cows, pigs, chickens, etc??

Those can be pets sometimes too, and I am pretty certain most of those are "non-native". Especially since they go retroactive to the beginning it seems.

That's a thought. I hope I don't have to give up my batam silkie chickens. Of course they have yet to officially prove the origin of the species, because both Japan and China have the claim.

Just a legal mixup in a nation of bureaucracy I guess.

 

[ainitfunny]

here is what you see everywhere on the net among groups of people affected by this proposed ban:

Facts:

The Nonnative Wildlife Invasion Prevention Act (H.R. 669), introduced by Del. Madeleine Bordallo (D-Guam) Chair of the Subcommittee on Insular Affairs, Oceans and Wildlife of the House Natural Resources Committee
would totally revamp how nonnative species are regulated under the Lacey Act.

Currently, the Fish and Wildlife Service is required to demonstrate that a species is injurious to health and welfare of humans, the interests of agriculture, horticulture or forestry, and the welfare and survival of
wildlife resources of the U.S.

HR 669 substantially complicates that process by compelling the Service to produce two lists after conducting a risk assessment for each nonnative wildlife species to determine if it is likely to “cause economic or
environmental harm or harm to other animal species’ health or human health.” In order to be placed on the “Approved List” it must be established that the species has not, or is not likely, to cause “harm” anywhere in the
US. Species that are considered potentially harmful would be placed on an “Unapproved List.” Furthermore, HR 669 would essentially ban all species that do not appear on the Approved List, regardless of whether or not they
have ever been petitioned for listing or are sufficiently well studied to enable a listing determination.


Species not appearing on the “Approved List” could not be imported into the United States; therefore, all unapproved nonnative species could not be moved interstate. In addition, trade in all such unlisted species would
come to a halt – possession would be limited and all breeding would cease. Unless those species are included on the approved list import, export, transport, and breeding would be prohibited. Exceptions are limited and would not be available to pet owners across the nation.

THE IMPACT

Nonnative species in the pet trade encompass virtually every bird, reptile, fish and a number of mammals (e.g., hamsters, gerbils, guinea pigs, ferrets) commonly kept as pets. It is immaterial under HR 669 that the

* Vast majority of these nonnative species in the pet trade have been in the United States in large numbers for decades, some for hundreds of years, and have not proven to be an environmental problem.
* Numerous species are raised in the United States for many purposes, pets, recreational fishing and hunting, food, etc.
* Only a small number of species kept as pets have caused environmental problems, and this has generally been on a very localized basis (i.e. southern Florida, Hawaii).
* Most states have exercised their authority to regulate problem species within their own borders through a mixture of management regimes ranging from permit systems to bans. HR669 - March 31, 2009
* The HR 669 listing criteria mandates proving a negative – that no harm has or is likely to occur within whole of the entire United States.
* The “risk assessment” process is too limited in scope and application and should instead be a a broader “risk analysis” that also takes into consideration socio-economic factors and mitigation (management) measures that might be utilized by the federal and state agencies.


HR 669 would employ a 2-step process of a Preliminary and a Final Approved List along with the Services having to promulgate regulations not only to deal with creation of the lists but also regulating all aspects of this
rather complex bill. The Service would have to complete major portions of the list and regulation process within 24 months of passage. Imagine how the Service will be able to conduct the required risk assessment outlined in
HR 669 within these timeframes when it takes on average 4 years for the Service to find a species harmful under the current Lacey Act. The bill sets up the under-resourced Service for failure and numerous lawsuits by activist groups.

 

[imaginative]

US HOUSE bill HR669 "The Nonnative Wildlife Invasion Prevention Act (H.R. 669)"

Sounds like it is finally the fedgov taking control of the porous US border.

(or maybe just wishful thinking)

Or hey, maybe we could ship Barak Hussein Obama back to Kenya under the "The Nonnative Wildlife Invasion Prevention Act"

 

[Irish]

Gosh that would get rid of horses too. Horses were first brought to Mexico by the Spanish in the hmmmm 1400's I think, and migrated into the southern US. They were also brought here by the early immigrants.

Let see, Hereford cattle were brought in during the 1800's to handle the Colorado winters. In fact most of the "domesticated" farm animals were brought here from Europe and other countries.

 

[ainitfunny]

Does anyone else see an INSANE desire by our government to AGAIN CREATE A PROBLEM they have NO ABILITY WHATSOEVER TO MANAGE, ENFORCE OR "SOLVE".

These @ssh*les cannot even keep NON-NATIVE PEOPLE from "invading" our nation!

WHAT ARE THEY GOING TO DO? Send "ARMED Fish and Wildlife SWAT TEAMS" through suburbia kicking in kids bedrooms looking for gekko's and hamsters?? Do we now face a hundred year "war on exotic or unusual pets?" Will your house be "seized" because you had the "wrong" kind of fish in your aquarium?

 

[Lilbitsnana]

Gosh that would get rid of horses too. Horses were first brought to Mexico by the Spanish in the hmmmm 1400's I think, and migrated into the southern US. They were also brought here by the early immigrants.

Let see, Hereford cattle were brought in during the 1800's to handle the Colorado winters. In fact most of the "domesticated" farm animals were brought here from Europe and other countries.

That was the point of my question. Seems to me, it could end up banning everything (except the dog/cat exception) but the rattlesnakes, bunnies, etc around here.

 

[dissimulo]

It doesn't include farm animals (at least common ones):

(D) does not include any cat (Felis catus), cattle or oxen (Bos taurus), chicken (Gallus gallus domesticus), dog (Canis lupus familiaris), donkey or ass (Equus asinus), domesticated members of the family Anatidae (geese), duck (domesticated Anas spp.), goat (Capra aegagrus hircus), goldfish (Carassius auratus auratus), horse (Equus caballus), llama (Lama glama), mule or hinny (Equus caballus x E. asinus), pig or hog (Sus scrofa domestica), domesticated varieties of rabbit (Oryctolagus cuniculus), or sheep (Ovis aries), or any other species or variety of species that is determined by the Secretary to be common and clearly domesticated.

 

[Lilbitsnana]

Does anyone else see an INSANE desire by our government to AGAIN CREATE A PROBLEM they have NO ABILITY WHATSOEVER TO MANAGE, ENFORCE OR "SOLVE".

These @ssh*les cannot even keep NON-NATIVE PEOPLE from "invading" our nation!

WHAT ARE THEY GOING TO DO? Send "ARMED Fish and Wildlife SWAT TEAMS" through suburbia kicking in kids bedrooms looking for gekko's and hamsters?? Do we now face a hundred year "war on exotic or unusual pets?"

They are covering their bases. Effectively (one law after another) making EVERY American a criminal.

 

[BigBadBossyDog]

Oh, dear. Budweiser Clydesdales come from Scotland.

What will the super bowl do without the Clydesdales? I think that's why most people watch.

lol

 

[Lilbitsnana]

It doesn't include farm animals (at least common ones):

Thanks...my scanning/reading abilities seem to be incredibly lacking today.

 

[Housecarl]

Some things you just can't improve upon and are timeless....
____________________
Suppose you were an idiot and suppose you were a member of Congress. But I repeat myself.

Mark Twain

This country has come to feel the same when Congress is in session as when the baby gets hold of a hammer.

I don't make jokes. I just watch the government and report the facts.

Will Rogers

 

[dissimulo]

Thanks...my scanning/reading abilities seem to be incredibly lacking today.

You didn't miss anything - I pulled that out of the full text of the bill on another site.

 

[ainitfunny]

Congress > Legislation > 2009-2010 (111th Congress) > H.R. 669
Full Text of H.R. 669: Nonnative Wildlife Invasion Prevention Act

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This version: Introduced in House. This is the original text of the bill as it was written by its sponsor and submitted to the House for consideration. This is the latest version of the bill available on this website.

HR 669 IH

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. 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 Resources

A BILL

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.

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.

(c) 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

(C) 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.

(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 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.

(C) 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.

(a) Requirement To Issue List of Unapproved Species-

(1) IN GENERAL- The Secretary shall publish in the Federal Register a list of nonnative wildlife species that are prohibited from importation into the United States except as provided in section 7.

(2) INCLUDED SPECIES- The list under this subsection shall include--

(A) those species listed as injurious wildlife under section 42 of title 18, United States Code, or under regulations under that section, as of the date of enactment of this Act; and

(B) any other species the Secretary determines under section 4(c)(2)(B) is not approved for importation.

(b) Proposal for Inclusion on the List of Unapproved 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 species.

(B) INFORMATION REQUIRED- Any proposal under this subsection 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) NOTICE- The Secretary shall publish notice 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 Secretary, the Secretary shall make one of the following determinations regarding such a proposal in a reasonable period of time and in accordance with regulations 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 unapproved species under this section.

(B) The nonnative wildlife species is approved for importation.

(C) The Secretary has insufficient scientific and commercial information to make a determination under subparagraph (A) or (B).

(4) TREATMENT OF APPROVED SPECIES- If the Secretary makes a determination under paragraph (3)(B) that a nonnative wildlife species is approved for importation, the Secretary shall include the nonnative wildlife species in the list of approved species under section 4.

(5) NOTICE OF DETERMINATION- The Secretary shall publish in the Federal Register notice of the determination made under paragraph (3) and make available on a publicly available Federal Internet site or through other appropriate means the basis for the determination.

(c) Revision- The Secretary may revise the list issued under this section based on any scientific and commercial information available to the Secretary.

(d) Emergency Authority and Temporary Prohibition-

(1) IN GENERAL- If the Secretary determines that an emergency exists because a nonnative wildlife species poses an imminent threat of harm to the United States economy, the environment, or human or animal species’ health, the Secretary may temporarily include the nonnative wildlife species in the list of unapproved species under this section and, as appropriate, remove the species from the list of approved species under section 4.

(2) NOTICE OF TEMPORARY LISTING- The Secretary shall publish in the Federal Register notice 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 the Federal Register notice of the final determination, and make available on a publicly available Federal Internet site or through other appropriate means the basis for the final determination.

(4) LIMITATION ON PROCEDURES- The procedures 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 section 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 included 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, or barter for or offer to barter for, any nonnative wildlife species that is prohibited from being imported 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 penalties and criminal penalties described in section 4 of the Lacey Act Amendments of 1981 (16 U.S.C. 3373). Sections 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 subsection (a) shall not apply to--

(A) any action by Federal, State, tribal, or local law enforcement personnel to enforce this section; and

(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 restrict the import or transportation between any States of nonnative wildlife species by a Federal agency for its own use, if the nonnative wildlife species 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 section 6(a)(1), for scientific research, 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 with respect to the specimen.

(b) Terms and Conditions- The Secretary may include in a permit under subsection (a) terms and conditions to minimize the risk of introduction or establishment of the nonnative wildlife species in the United States.

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 include a nonnative wildlife species to the list of approved species under section 4; or

(B) a proposal under section 5(b) to include 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 Prevention Fund.

(2) CONTENTS- There shall be deposited into the account all amounts received by the United States as fees under this section or as fines for violations 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 approved 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 establishes stricter requirements for importation, transportation, 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 encourages voluntary surrender to a State of nonnative wildlife species, if the Secretary determines that such limitation will prevent release of such species.

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.), insofar 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, regulation, document, paper, or other record of the United States to the council referred to in subsection (a) is 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 Nonindigenous 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 subject to the jurisdiction of the Government of the United States, whether or not such landing, bringing into, or introduction constitutes an importation within the meaning of the customs laws of the Government of the United States.

(3) NATIONAL INVASIVE SPECIES COUNCIL- The term ‘National Invasive Species Council’ means the National Invasive Species Council established by Executive Order 13112 on February 8, 1999 (64 Fed. Reg. 6183), as redesignated by section 13.

(4) NATIVE SPECIES- The term ‘native species’ means a species that historically occurred or currently occurs in the United States, other than as a result of an intentional or unintentional introduction 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 animal 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 subspecies of mammal, bird, fish, reptile, amphibian, insect, mollusk, crustacean, arthropod, coelenterate, or other invertebrate, 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 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.); and

(D) does not include any cat (Felis catus), cattle or oxen (Bos taurus), chicken (Gallus gallus domesticus), dog (Canis lupus familiaris), donkey or ass (Equus asinus), domesticated members of the family Anatidae (geese), duck (domesticated Anas spp.), goat (Capra aegagrus hircus), goldfish (Carassius auratus auratus), horse (Equus caballus), llama (Lama glama), mule or hinny (Equus caballus x E. asinus), pig or hog (Sus scrofa domestica), domesticated varieties of rabbit (Oryctolagus cuniculus), or sheep (Ovis aries), or any other species or variety of species that is determined by the Secretary to be common and clearly domesticated.

(6) PERSON- The term ‘person’ means--

(A) an individual, corporation, partnership, trust, association, or any other private entity;

(B) any officer, employee, agent, department, or instrumentality of the Federal 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 jurisdiction of the Government of the United States.

(7) SECRETARY- The term ‘Secretary’ means the Secretary of the Interior.

(8) STATE- The term ‘State’ includes the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, and the Virgin Islands, and any other territory or possession of the United States.

(9) UNITED STATES- The term ‘United States’ means the several States of the United States, the District of Columbia, American Samoa, Guam, the Commonwealth of the Northern Mariana Islands, the Commonwealth of Puerto Rico, the Virgin Islands, any possession of the United States, and any waters, including the territorial sea and the Exclusive Economic Zone, within the jurisdiction or sovereignty of the Government of the United States.

 

[squeeksmom]

"donkey or ass" well, so much for the great idea of getting rid of the politicians under this law. sigh

squeeks

 

[ainitfunny]

Hey folks, MAYBE YOU CAN GET A "CERTIFICATE OF LIVE BIRTH" From Hawaii to "prove" YOUR chimp is an American and not a Kenyan.

 

[China Connection]

I can't even keep pet flies in two states in Australia.

 

[Wise Owl]

Really soon the people of these united states are going to get to the point of being FED Up....and tell these taxing scumbags to take a hike........

I tell ya, they are going to want to tax the air you breathe and put monitors on all of us to see how much oxygen we use........

 

[SIRR1]

I think the Feds are trying to stop animals from being dumped and to make owners responsible for the exotic animals from birth to death!

I know we have a problem with the Snakehead carp which is taking over lakes and rivers up and down the east coast.

The Snakehead is like a barracuda with legs that can walk from river to lake to river eating everything in it's path and breeding along the way.

Here in the Mid West we have a problem with the Asian Carp which is taking over the rivers and creeks along the Mississippi River.

The Asian carp runs about 30 pounds and jumps out of the water when it feels the vibration from a boats motor and has killed and injuried boaters over the past few years.

I know in Florida's having problems with dumped Boa and Python snakes in the everglades, their killing and eating everything and they have preditors.

So yes I think the Feds should start a program to not allow some animals into our country and make owner responsible!

SIRR1

 

[ainitfunny]

I think the Feds are trying to stop animals from being dumped and to make owners responsible for the exotic animals from birth to death!

I know we have a problem with the Snakehead carp which is taking over lakes and rivers up and down the east coast.

The Snakehead is like a barracuda with legs that can walk from river to lake to river eating everything in it's path and breeding along the way.

Here in the Mid West we have a problem with the Asian Carp which is taking over the rivers and creeks along the Mississippi River.

The Asian carp runs about 30 pounds and jumps out of the water when it feels the vibration from a boats motor and has killed and injuried boaters over the past few years.

I know in Florida's having problems with dumped Boa and Python snakes in the everglades, their killing and eating everything and they have preditors.

So yes I think the Feds should start a program to not allow some animals into our country and make owner responsible!

SIRR1

UNFORTUNATELY SIR, YOU HAVE DECIDED TO SQUAT WITH BLINDERS ON THE QUITE REASONABLE PRETEXT AND JUSTIFICATION THAT WILL BE CITED FOR ANOTHER OVERLY EXPANSIVE, INDISCRIMINATE, ZERO TOLERANCE DRAGNET, ABUSIVE NEW LAW, A FEDERAL INVASION OF PRIVACY, SEIZURE OF PROPERTY AND ABOLISHMENT OF CITIZEN RIGHTS.

 

[Nanook]

Let me get this straight. The feds are going to create another bureaucracy to track these exotic animals, costing us more billions.

The same feds who can't seem to find over 20 million illegals wandering around in plain sight?

Riiiight. Smoke another one.

In any city of size, and most smaller ones, you can't walk 100 yards without stumbling upon a "guest worker" or six. And the feds cant find them.

There was a joke going around a while back about mad cow disease. The gov can find one cow out of millions, right down to the stall it was born in, and can't find illegals. The joke was we should issue each illegal a cow so the gov can find the illegal.

Better be an american cow...

 

[dissimulo]

There is a certain irony that we can't keep the illegals out, but we're going to bust our asses making sure exotic animals don't make it across the border.

 

[blueridge]

...

 

[blueridge]

ALL non-native animals?


Wonder if that'd apply to all elected officials as well?

 

[Delta]

Honey bee is an Italian import.

Actually, there is a problem with out borders. Glad BO is catching on.

 

[dissimulo]

Honey bee is an Italian import.

That ought to fall under "[FONT=Verdana,Arial]any other species or variety of species that is determined by the Secretary to be common and clearly domesticated.[/FONT][FONT=Verdana,Arial]"

But, then again, you can't trust anything that is not set in stone.
[/FONT]

 

[LONEWOLF]

More evidence of yet another totally worthless politician....

 

[Harbinger]

Really soon the people of these united states are going to get to the point of being FED Up....and tell these taxing scumbags to take a hike........

I tell ya, they are going to want to tax the air you breathe and put monitors on all of us to see how much oxygen we use........

You mean they haven't done that yet?

Let me get this straight. The feds are going to create another bureaucracy to track these exotic animals, costing us more billions.

The same feds who can't seem to find over 20 million illegals wandering around in plain sight?

Riiiight. Smoke another one.

In any city of size, and most smaller ones, you can't walk 100 yards without stumbling upon a "guest worker" or six. And the feds cant find them.

There was a joke going around a while back about mad cow disease. The gov can find one cow out of millions, right down to the stall it was born in, and can't find illegals. The joke was we should issue each illegal a cow so the gov can find the illegal.

Better be an american cow...

 

[ARMY RANGER]

Hey folks, MAYBE YOU CAN GET A "CERTIFICATE OF LIVE BIRTH" From Hawaii to "prove" YOUR chimp is an American and not a Kenyan.

 

[Kent]

Facts:

The Nonnative Wildlife Invasion Prevention Act (H.R. 669), introduced by Del. Madeleine Bordallo (D-Guam) Chair of the Subcommittee on Insular Affairs, Oceans and Wildlife of the House Natural Resources Committee
would totally revamp how nonnative species are regulated under the Lacey Act.

Wait a min, when did Guam become a state? You have to be a state to be in the House of rep and vote or introduce bills don't you?

 

[Uhhmmm...]

Tiger mosquitoes

Maybe they could start with these. Then move on to fire ants.

 

[Desperado]

I think the Feds are trying to stop animals from being dumped and to make owners responsible for the exotic animals from birth to death!
So yes I think the Feds should start a program to not allow some animals into our country and make owner responsible!

SIRR1

I agree with you SIRR1.
This should have been done long ago, there are way too many non-native species being released into the wild. There are too may examples from fish to reptiles to mention. Understand that I hate government but I understand where this law is coming from.

 

[SassyinAZ]

If that were true, it wouldn't make sense to exclude dogs and cats.

What kind of dog is that new WH poochie, uh huh!

 

[Thyme]

Honey bee is an Italian import.

Actually, there is a problem with out borders. Glad BO is catching on.

If we're talking insects too, they can come get their japanese beetles. I'd be more than happy to hand them over. lol

 

[dissimulo]

Wait a min, when did Guam become a state? You have to be a state to be in the House of rep and vote or introduce bills don't you?

DC, Puerto Rico, and Guam each have non-voting reps. I think some of the other island territories like the Virgins and Marianas also have them.