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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.
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.
