http://nohr669.com/dosomething.htm
they are trying to put a bill in effect to ban ALL non domestic animals. If its not from the United States........you cant have it. AKA 90% of our fish and corals!!!! Please look at it and act!
SAVE OUR HOBBY!!!!!! FRESH AND SALT!!!
31 posts • Page 1 of 4
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fihsboy - Posts: 1837
- Joined: Wed Mar 19, 2008 4:20 pm
I have contacted EVERY senator in my state! Please try to do the same. I have emailed them, and I will be calling them monday. This is searious! you wont even be able to get tetras........they arent from the US originally....Someone has to put a foot down. Lets all act on this important subject!
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dizzcat - Posts: 648
- Joined: Tue Jun 24, 2008 2:30 am
I read a good info thing on this. Can't remember where tho. It will not only impact fish but other pets as well. Pets like hamsters, ferrets, birds etc. It would basically put a lot of pet stores out of business!
They are going on theory that these animals will impact the natural environment instead of proof.
I think it also means that everyone who owns a pet that is not native will be breaking the law. My selling fry will be illegal, keeping fish will be illegal. What about dogs that are not native to the US?
It is a stupid law and not well thought out.
I found the link, good read:
http://acaforum.com/index.php?act=attac ... ost&id=902
They are going on theory that these animals will impact the natural environment instead of proof.
I think it also means that everyone who owns a pet that is not native will be breaking the law. My selling fry will be illegal, keeping fish will be illegal. What about dogs that are not native to the US?
It is a stupid law and not well thought out.
I found the link, good read:
http://acaforum.com/index.php?act=attac ... ost&id=902
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fihsboy - Posts: 1837
- Joined: Wed Mar 19, 2008 4:20 pm
Yeah, its basically a bill to further investigate. I think its a waste of money......with fish.......it will affect mostly tangs, lionfish, coral eaters, and keeping algaes. The bill is to fund a law making process in order to ban these things. First of all why would you do that......you would put literally tens of thousands out of work. But thats why I posted it. So we can all do something. :) Thanks guys!
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Tmercier834747 - Posts: 887
- Joined: Wed Feb 13, 2008 8:33 pm
I don't know if it means I'm special in regard to this, but I should note that my district is (as a part of maryland) Washington D.C. lol
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fihsboy - Posts: 1837
- Joined: Wed Mar 19, 2008 4:20 pm
Well maybe you can hit them up and see if you can make an impact. Petco and Petsmart both have over 1000 stores a PIECE. most of what they cater to is exotic....you can get dog food anywhere.......so to put them out of business......would be like laying off a whole city at once.
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saltwaterpimp - Posts: 1307
- Joined: Wed Dec 19, 2007 2:22 am
i stole this from another site....
"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."
Please read the whole bill, including sec 42, title 18 of US code, and also section 553, title 5. It is regarding pest species, dangerous species, invasive species, and doesn't override existing laws except as noted, non of which involves the trade, in general. Some marine ornamental species can (and should) be included.
Non-native species introductions are a nightmare and have occurred all over the country and the world and never to the benefit of the natural environment - think fire ants, as one example of thousands that have occurred since man started sailing to distant lands that have eliminated or changed the entire native flora and fauna. Some aquarium species are invasives and non-natives and should be of concern. Caulerpa is the most well known, but what happens when some well meaning aquarist dumps his tank water off Broward County and red bugs invade and host on the large remaining stand of A. cervicornis? How good is it that there are now 32-40 confirmed sightings of Indo-Pacific fish in and around Florida - all of them common aquarium fish (not some odd fish or food fish, but all common aquarium fish?).
So, my advice is to READ the bill, face the mirror, and recognize that there are issues for marine ornamentals that involve everyone, including hobbyists. This is something everyone should be concerned with for our terrestrial and marine habitats. Quarantine and non-purchase is a good way to prevent invasives, and NEVER releasing tank inhabitants or pouring untreated tankwater into any natural habitat (even your lawn) is important. Never go to the ocean and "Free Willy." Your purchase was your commitment and that includes euthanasia and proper disposal or placement should you no longer be able to meet that commitment. Simple as that.
Offer your input to the bill, don't just freak out and oppose it, by writing or calling your representatives. Every bill also has a period of public comment after listing in the Federal Register. Use that opportunity. And finally, this is not a bill that is shutting down the aquarium trade. I know this since I am working with others on some of these very issues. That said, the trade does need to get its act together fast, and it may not be the US that does the shutting down but the resource nations seeing their reefs declining and seeing unregulated ornamental collection. Or both. And, if it happens, it won't be entirely undeserved for we have done little to nothing to appeal to the world any of the many accomplishments or reasons for the trade to exist, outside the economic benefits it provides.
And I tell you this as sure as I am sitting here typing...think about this.
I just got back from MAX where I saw colonies of Acanthastraea selling for $1200 (wild collected), single zoanthid polyps selling for $40, rare species without non-detriment findings available for purchase (Rhizotrochus), and fragments the size of one day's growth in my tank sold as limited editions for $100 for a 1/2 inch piece. People in other countries have Internet, you know. How do you think a collector in Indonesia feels when the coral he collected for $0.35 and landed in the US for $20 is feeling when seeing the same coral chopped up and sold for $100 a fragment? I'd be pretty mad, and I would want more money or I would stop collecting or sell elsewhere. Then, I see that the results of my work to find the nicest colors just gets taken into the US, and then propagated, leaving me out in the cold as frags just get swapped and sold. What incentive do I have to provide this stock? Now, if some hobbyist had put effort into it, maybe it's deserved, but when its a broken up wild colony and marketed the way it is?
I won't go into the other myriad indiscretions, illegalities, and survivorship issues involved in every step of the trade from collection to purchase, including non-enforcement of existing standards of care by trade and transport persons, or the scum in the trade who view reef animals as product and could care less about the health or welfare of the animals but only their profit. But, if the trade does eventually get shut down, it will be because of these actions. Because the hobbyists supported these actions and people. Because we looked the other way to have our pretty tanks and never thought any farther than what would look nice in the tank. And for that alone, we would deserve it. But, that hasn't happened yet, so everyone clean up their own backyard and encourage others to do the same - stores, fellow hobbyists, etc. We want a sustainable trade and that is the direction things are trying to move towards. If it doesn't happen, the next time maybe bold colors might be in order and it will be too late.
There has already been a large increase in import fees in January of this year. Old news, and immaterial to this bill. That was the major one. There will be gradual ones over the next few years. Now, if I told you that at LAX there are 10 inspectors for the entire trade in wildlife (not just aquariums), that the port gets 50% of all imports, that less than 1% of boxes get inspected, and that between 50-80% of the boxes had items that had excess livestock, improperly designated livestock, shorted livestock, dead livestock, and smuggled livestock (lots of it and by very tricky means, too, and disturbing), that maybe USFWS needs some more money for more inspectors so there is better compliance, fewer seizures, and less mortality along with enforcement of existing regulations that govern the care of live animals (like temperature control, time limits, etc.) that perhaps funding this would be good for the hobby and the livestock and not bad? Again, this bill is not about the aquarium trade and is not seeking to regulate it. Stimulus funds have already been alotted to enforcement, but how it will be spent is not yet known, but I hope its to increase efficiency and compliance.
Wholesalers...the good ones, agree. They are tired of exporters being the cause of their shipments getting seized (but seizures are handled well, and the animals are placed almost immediately). The bad ones love it because they know they are playing very favorable odds that illegal shipments get through. And who suffers? Everyone but those making the money from compliance shortcomings and those exploiting the trade which in turn acts to the detriment of the hobby making it MORE likely to see actual legislation put forth than less.
How serious in what regard? Serious as in becoming law? Serious in actually protecting habitat from non-native species? Serious in terms of what it is about - the assessment of potential non-native threats? Serious to the aquarium hobby?
If you are asking my opinion, I think it is a serious bill that shows that the current administration and lawmakers are finally concerned about the environment, but that assessment is arbitrary and implementation not spelled out and whether it will be effective in slowing or ameliorating non-native introductions is questionable since that takes more than assessment, it takes enforcement which is probably not adequate for the task. In terms of the aquarium trade, I think PIJAC sent out a fear-mongering letter to livestock vendors to scare hobbyists since we ultimately support the buying and selling of the dry goods and the companies who sell them where they make their money and for whom they lobby. PIJAC is not looking out for the future of the hobby, they are concerned with any remote possibility that Central Garden and Pet and the many companies who are members of PIJAC will not be able to sell the full spectrum of the myriad of pet goods (mainly NOT aquarium goods) they sell. It's an emotional play to the people that support their profit-making companies.
I find it most ironic they have am "Invasives Toolkit" on their site - as though admitting that invasives are indeed a problem, so it theory they should be in support of this bill unless of course, heaven forbid, that bit on the website is actually just window dressing to act like they care.
If I were to contact my representatives, it would be in support of the bill.
The provision in a "blanket" assessment, not a blanket prohibition and is only to assess risk to native species. Marine ornamentals will only be assessed and considered if they pose a risk - like what happened with cichlids in the Everglades, thanks to hobbyists.
Our own actions helped prompt legislation like this, but it includes so many issues going back to the development of trucking non-native plants to nurseries across the country. Kudzu, bamboo, water hyacinths. See here for a list of the 100 worst http://www.issg.org/database/species/se ... &fr=1&sts=
You can find a list for every state. There's a .pdf for Alabama 10 worst invasive weeds alone.
Florida and California are awash with non-natives and invasives.
Back to the trade, it does not prohibit breeding, it would prohibit breeding of species that pose a threat "that negatively impact the economy, environment, or other animal species’ or human health, and for other purposes." Marine ornamentals, for the most part, do not fall into that category (unless more releases occur...see my previous comments). So, you can't breed anything that, if released, would damage the environment, economy or human health (see my previous comments on release)."
Furthermore, much more stringent language involving the trade already exists...
http://www.law.cornell.edu/uscode/html/ ... -000-.html
http://www.law.cornell.edu/uscode/html/ ... -000-.html
http://www.law.cornell.edu/uscode/html/ ... -000-.html
And language exists to benefit our hobby but isn't being enforced...
Federal standards for transport: http://fdsys.gpo.gov/fdsys/delivery/get ... -14552.pdf
CITES transport standards: http://www.cites.org/eng/resources/tran ... ndex.shtml
IATA standards: http://www.iata.org/search.htm?q=live+a ... rds&sc=all Furthermore, Europe, Australia and other countries already have such regulations in place and guess what? They all have marine aquariums, SECORE, and research.
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Just because it is clearly needed, here is the Bill, not the scaremongering email flying around
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 *** (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.
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Please see my post previous to the bill post for the referenced 16 U.S.C. 1531, section 42 of title 18, United States Code, and 16 U.S.C. 3373 with links. The species already listed are there in Section 4, and include CITES species already enforced for years. The others are birds, and species that impact North Atlantic and Pacific fisheries and terrestrial species. Not exactly reef hobby concerns. CITES couldn't even get the Bangaii listed and it NEEDS it.
Please note:
Key points:
1. 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.
It seeks to establish a risk assessment procedure, not any law or any action or any enforcement. Do you really oppose this?
2. Deadlines: (1) publish in the Federal Register proposed regulations under and a proposed preliminary list of approved species not later than 2 years after the date of the enactment of this Act;
(2) publish in the Federal Register final regulations , a final preliminary list of approved species, 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 and publish notice thereof, by not later than 37 months after the date of the enactment of this Act.
So, three years for assessment, two years for a preliminary list and an approved species list within a month. My guess is that it will be a lot of weeds and plants that carry pathogens.
In three years after assessment, you'll have 60 days to be able to make public comment on the proposed preliminary list, and then a final list will be posted but only after others can make suggested additions and provide a proposal and scientific and economic backing that any further additions be considered. Then the final list after a period of determination that the list actually could harm native species/economy of our natural resources.
Regarding stopping science and SECORE, etc., please note the code language that states in 18:1:3:42
"Notwithstanding the foregoing, the Secretary of the Interior, when he finds that there has been a proper showing of responsibility and continued protection of the public interest and health, shall permit the importation for zoological, educational, medical, and scientific purposes of any mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles, or the offspring or eggs thereof, where such importation would be prohibited otherwise by or pursuant to this Act, and this Act shall not restrict importations by Federal agencies for their own use"
The same scientific and economic findings, period for public comment, etc. must be provided for unapproved species.
Then, already on the books, is Titel 39: IV: 30: 3015 that states:
(a) Injurious Animals.— Any injurious animal, the importation or interstate shipment of which is prohibited pursuant to section 42 of title 18, constitutes nonmailable matter.
(b) Plant Pests.— Any plant pest, the movement of which is prohibited pursuant to section 103 or 104 of the Federal Plant Pest Act (7 U.S.C. 150bb or 150cc),[1] constitutes nonmailable matter.
(c) Plants.— Any plant, article, or matter, the importation or interstate shipment of which is prohibited pursuant to the Act of August 20, 1912 (37 Stat. 315, chapter 308; 7 U.S.C. 151 et seq.) (commonly known as the “Plant Quarantine Act”),[1] constitutes nonmailable matter.
(d) Illegally Taken Fish, Wildlife, or Plants.— Any fish, wildlife, or plant, the conveyance of which is prohibited pursuant to section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372),
These constitute nonmailable matter, the Plant Pest Act, the Plant Quarnatine Act, and the fricking Lacey Act! If the trade is (and they have in the past) broken the Lacey Act, they deserve what they get. These laws already exist.
Here is the Aquatic Nuisance Handbook which this bill seeks to reevaluate: Please note the kind of species of concern
http://www.deq.state.mi.us/documents/de ... xotic3.pdf
Here's the notice for Caulerpa management: http://edocket.access.gpo.gov/2005/pdf/05-16244.pdf
which still only affects California thought it should affect all coastal waters capable of supporting Caulerpa, in my opinion.
Here's a list of invasives for which there is no current regulation: http://www.invasivespeciesinfo.gov/aquatics/main.shtml
These are the types of things that the bill seeks to address.
Now in terms of the hobby, I could potentially see lionfish as an issue. Maybe Codium.
There is nothing here that threatens the marine ornamental hobby, and if certain other species are released and invade and threaten our native oceanic habitat and either harm the habitat or our resources because of ornamental trade introductions in the next three years that haven't been done yet, well, don't blame the government. Blame the hobby.
And take the time to read and not just make comments about how this bill is going to kill the hobby and all scientific research. It just shows how gullible peopel are to emails and hearsay. There are still people who think our President is Muslim, too.
i got this stuff from Eric Borneman..
"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."
Please read the whole bill, including sec 42, title 18 of US code, and also section 553, title 5. It is regarding pest species, dangerous species, invasive species, and doesn't override existing laws except as noted, non of which involves the trade, in general. Some marine ornamental species can (and should) be included.
Non-native species introductions are a nightmare and have occurred all over the country and the world and never to the benefit of the natural environment - think fire ants, as one example of thousands that have occurred since man started sailing to distant lands that have eliminated or changed the entire native flora and fauna. Some aquarium species are invasives and non-natives and should be of concern. Caulerpa is the most well known, but what happens when some well meaning aquarist dumps his tank water off Broward County and red bugs invade and host on the large remaining stand of A. cervicornis? How good is it that there are now 32-40 confirmed sightings of Indo-Pacific fish in and around Florida - all of them common aquarium fish (not some odd fish or food fish, but all common aquarium fish?).
So, my advice is to READ the bill, face the mirror, and recognize that there are issues for marine ornamentals that involve everyone, including hobbyists. This is something everyone should be concerned with for our terrestrial and marine habitats. Quarantine and non-purchase is a good way to prevent invasives, and NEVER releasing tank inhabitants or pouring untreated tankwater into any natural habitat (even your lawn) is important. Never go to the ocean and "Free Willy." Your purchase was your commitment and that includes euthanasia and proper disposal or placement should you no longer be able to meet that commitment. Simple as that.
Offer your input to the bill, don't just freak out and oppose it, by writing or calling your representatives. Every bill also has a period of public comment after listing in the Federal Register. Use that opportunity. And finally, this is not a bill that is shutting down the aquarium trade. I know this since I am working with others on some of these very issues. That said, the trade does need to get its act together fast, and it may not be the US that does the shutting down but the resource nations seeing their reefs declining and seeing unregulated ornamental collection. Or both. And, if it happens, it won't be entirely undeserved for we have done little to nothing to appeal to the world any of the many accomplishments or reasons for the trade to exist, outside the economic benefits it provides.
And I tell you this as sure as I am sitting here typing...think about this.
I just got back from MAX where I saw colonies of Acanthastraea selling for $1200 (wild collected), single zoanthid polyps selling for $40, rare species without non-detriment findings available for purchase (Rhizotrochus), and fragments the size of one day's growth in my tank sold as limited editions for $100 for a 1/2 inch piece. People in other countries have Internet, you know. How do you think a collector in Indonesia feels when the coral he collected for $0.35 and landed in the US for $20 is feeling when seeing the same coral chopped up and sold for $100 a fragment? I'd be pretty mad, and I would want more money or I would stop collecting or sell elsewhere. Then, I see that the results of my work to find the nicest colors just gets taken into the US, and then propagated, leaving me out in the cold as frags just get swapped and sold. What incentive do I have to provide this stock? Now, if some hobbyist had put effort into it, maybe it's deserved, but when its a broken up wild colony and marketed the way it is?
I won't go into the other myriad indiscretions, illegalities, and survivorship issues involved in every step of the trade from collection to purchase, including non-enforcement of existing standards of care by trade and transport persons, or the scum in the trade who view reef animals as product and could care less about the health or welfare of the animals but only their profit. But, if the trade does eventually get shut down, it will be because of these actions. Because the hobbyists supported these actions and people. Because we looked the other way to have our pretty tanks and never thought any farther than what would look nice in the tank. And for that alone, we would deserve it. But, that hasn't happened yet, so everyone clean up their own backyard and encourage others to do the same - stores, fellow hobbyists, etc. We want a sustainable trade and that is the direction things are trying to move towards. If it doesn't happen, the next time maybe bold colors might be in order and it will be too late.
There has already been a large increase in import fees in January of this year. Old news, and immaterial to this bill. That was the major one. There will be gradual ones over the next few years. Now, if I told you that at LAX there are 10 inspectors for the entire trade in wildlife (not just aquariums), that the port gets 50% of all imports, that less than 1% of boxes get inspected, and that between 50-80% of the boxes had items that had excess livestock, improperly designated livestock, shorted livestock, dead livestock, and smuggled livestock (lots of it and by very tricky means, too, and disturbing), that maybe USFWS needs some more money for more inspectors so there is better compliance, fewer seizures, and less mortality along with enforcement of existing regulations that govern the care of live animals (like temperature control, time limits, etc.) that perhaps funding this would be good for the hobby and the livestock and not bad? Again, this bill is not about the aquarium trade and is not seeking to regulate it. Stimulus funds have already been alotted to enforcement, but how it will be spent is not yet known, but I hope its to increase efficiency and compliance.
Wholesalers...the good ones, agree. They are tired of exporters being the cause of their shipments getting seized (but seizures are handled well, and the animals are placed almost immediately). The bad ones love it because they know they are playing very favorable odds that illegal shipments get through. And who suffers? Everyone but those making the money from compliance shortcomings and those exploiting the trade which in turn acts to the detriment of the hobby making it MORE likely to see actual legislation put forth than less.
How serious in what regard? Serious as in becoming law? Serious in actually protecting habitat from non-native species? Serious in terms of what it is about - the assessment of potential non-native threats? Serious to the aquarium hobby?
If you are asking my opinion, I think it is a serious bill that shows that the current administration and lawmakers are finally concerned about the environment, but that assessment is arbitrary and implementation not spelled out and whether it will be effective in slowing or ameliorating non-native introductions is questionable since that takes more than assessment, it takes enforcement which is probably not adequate for the task. In terms of the aquarium trade, I think PIJAC sent out a fear-mongering letter to livestock vendors to scare hobbyists since we ultimately support the buying and selling of the dry goods and the companies who sell them where they make their money and for whom they lobby. PIJAC is not looking out for the future of the hobby, they are concerned with any remote possibility that Central Garden and Pet and the many companies who are members of PIJAC will not be able to sell the full spectrum of the myriad of pet goods (mainly NOT aquarium goods) they sell. It's an emotional play to the people that support their profit-making companies.
I find it most ironic they have am "Invasives Toolkit" on their site - as though admitting that invasives are indeed a problem, so it theory they should be in support of this bill unless of course, heaven forbid, that bit on the website is actually just window dressing to act like they care.
If I were to contact my representatives, it would be in support of the bill.
The provision in a "blanket" assessment, not a blanket prohibition and is only to assess risk to native species. Marine ornamentals will only be assessed and considered if they pose a risk - like what happened with cichlids in the Everglades, thanks to hobbyists.
Our own actions helped prompt legislation like this, but it includes so many issues going back to the development of trucking non-native plants to nurseries across the country. Kudzu, bamboo, water hyacinths. See here for a list of the 100 worst http://www.issg.org/database/species/se ... &fr=1&sts=
You can find a list for every state. There's a .pdf for Alabama 10 worst invasive weeds alone.
Florida and California are awash with non-natives and invasives.
Back to the trade, it does not prohibit breeding, it would prohibit breeding of species that pose a threat "that negatively impact the economy, environment, or other animal species’ or human health, and for other purposes." Marine ornamentals, for the most part, do not fall into that category (unless more releases occur...see my previous comments). So, you can't breed anything that, if released, would damage the environment, economy or human health (see my previous comments on release)."
Furthermore, much more stringent language involving the trade already exists...
http://www.law.cornell.edu/uscode/html/ ... -000-.html
http://www.law.cornell.edu/uscode/html/ ... -000-.html
http://www.law.cornell.edu/uscode/html/ ... -000-.html
And language exists to benefit our hobby but isn't being enforced...
Federal standards for transport: http://fdsys.gpo.gov/fdsys/delivery/get ... -14552.pdf
CITES transport standards: http://www.cites.org/eng/resources/tran ... ndex.shtml
IATA standards: http://www.iata.org/search.htm?q=live+a ... rds&sc=all Furthermore, Europe, Australia and other countries already have such regulations in place and guess what? They all have marine aquariums, SECORE, and research.
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Just because it is clearly needed, here is the Bill, not the scaremongering email flying around
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 *** (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.
_____________________
Please see my post previous to the bill post for the referenced 16 U.S.C. 1531, section 42 of title 18, United States Code, and 16 U.S.C. 3373 with links. The species already listed are there in Section 4, and include CITES species already enforced for years. The others are birds, and species that impact North Atlantic and Pacific fisheries and terrestrial species. Not exactly reef hobby concerns. CITES couldn't even get the Bangaii listed and it NEEDS it.
Please note:
Key points:
1. 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.
It seeks to establish a risk assessment procedure, not any law or any action or any enforcement. Do you really oppose this?
2. Deadlines: (1) publish in the Federal Register proposed regulations under and a proposed preliminary list of approved species not later than 2 years after the date of the enactment of this Act;
(2) publish in the Federal Register final regulations , a final preliminary list of approved species, 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 and publish notice thereof, by not later than 37 months after the date of the enactment of this Act.
So, three years for assessment, two years for a preliminary list and an approved species list within a month. My guess is that it will be a lot of weeds and plants that carry pathogens.
In three years after assessment, you'll have 60 days to be able to make public comment on the proposed preliminary list, and then a final list will be posted but only after others can make suggested additions and provide a proposal and scientific and economic backing that any further additions be considered. Then the final list after a period of determination that the list actually could harm native species/economy of our natural resources.
Regarding stopping science and SECORE, etc., please note the code language that states in 18:1:3:42
"Notwithstanding the foregoing, the Secretary of the Interior, when he finds that there has been a proper showing of responsibility and continued protection of the public interest and health, shall permit the importation for zoological, educational, medical, and scientific purposes of any mammals, birds, fish (including mollusks and crustacea), amphibia, and reptiles, or the offspring or eggs thereof, where such importation would be prohibited otherwise by or pursuant to this Act, and this Act shall not restrict importations by Federal agencies for their own use"
The same scientific and economic findings, period for public comment, etc. must be provided for unapproved species.
Then, already on the books, is Titel 39: IV: 30: 3015 that states:
(a) Injurious Animals.— Any injurious animal, the importation or interstate shipment of which is prohibited pursuant to section 42 of title 18, constitutes nonmailable matter.
(b) Plant Pests.— Any plant pest, the movement of which is prohibited pursuant to section 103 or 104 of the Federal Plant Pest Act (7 U.S.C. 150bb or 150cc),[1] constitutes nonmailable matter.
(c) Plants.— Any plant, article, or matter, the importation or interstate shipment of which is prohibited pursuant to the Act of August 20, 1912 (37 Stat. 315, chapter 308; 7 U.S.C. 151 et seq.) (commonly known as the “Plant Quarantine Act”),[1] constitutes nonmailable matter.
(d) Illegally Taken Fish, Wildlife, or Plants.— Any fish, wildlife, or plant, the conveyance of which is prohibited pursuant to section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372),
These constitute nonmailable matter, the Plant Pest Act, the Plant Quarnatine Act, and the fricking Lacey Act! If the trade is (and they have in the past) broken the Lacey Act, they deserve what they get. These laws already exist.
Here is the Aquatic Nuisance Handbook which this bill seeks to reevaluate: Please note the kind of species of concern
http://www.deq.state.mi.us/documents/de ... xotic3.pdf
Here's the notice for Caulerpa management: http://edocket.access.gpo.gov/2005/pdf/05-16244.pdf
which still only affects California thought it should affect all coastal waters capable of supporting Caulerpa, in my opinion.
Here's a list of invasives for which there is no current regulation: http://www.invasivespeciesinfo.gov/aquatics/main.shtml
These are the types of things that the bill seeks to address.
Now in terms of the hobby, I could potentially see lionfish as an issue. Maybe Codium.
There is nothing here that threatens the marine ornamental hobby, and if certain other species are released and invade and threaten our native oceanic habitat and either harm the habitat or our resources because of ornamental trade introductions in the next three years that haven't been done yet, well, don't blame the government. Blame the hobby.
And take the time to read and not just make comments about how this bill is going to kill the hobby and all scientific research. It just shows how gullible peopel are to emails and hearsay. There are still people who think our President is Muslim, too.
i got this stuff from Eric Borneman..