HR669 Are you fucking kidding me?

[cwcwmack]

Some nitwit fuck has presented this bill that would BAN any and all Pets such as tropical fish, reptiles, hamsters, guinea pigs, etc...

I'm not kidding.

The list of exceptions?

For aquarium enthusiasts they've placed the GOLDFISH on the approved exception list.

Facts:

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

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

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


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

THE IMPACT

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

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


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

[YOY]

1. I doubt this is real and if it is I doubt it will pass.

n.t.

[cwcwmack]

3. it's real...

http://www.pijac.org/i4a/pages/index.cfm?pageid=504

http://www.govtrack.us/congress/bill.xpd?bill=h111-669

[YOY]

5. and it will never pass.

or it is only intended for Guam.

[cabbage08]

47. thanks for the reference

[PBS Poll-435]

2. .

After seeing the list of cosponsors, I think HR 669 will probably pass.

[TechBear_Seattle]

4. Both Guam and Hawaii have been devestated by feral pets

You may wish to research the issue a bit before going ballistic. I expect the law applies only to Guam and other similar insular posessions.

[cwcwmack]

6. ahhh... NO

I studied it because I'm in the Pet industry...

We already have a system in place that allows states to disallow certain animals... such as California and the "ferret ban"...

The current system works.

The new system would start with sweeping bans and then add "exceptions" to the "approved list" at a government "pace"...

idiocy.

[cwcwmack]

10. in addition...

It would apply to domestically bred pets like Hamsters... it would become a crime to breed, sell or transport Hamsters.

I mean seriously... don't they have anything else better to do? Like maybe fix the Health Care system?

[EffieBlack]

32. That's not true

It does not prohibit the breeding or sale of any animal. It prohibits the importation or inter-state transport of certain animals that cause or are likely to cause harm and those animals would have to be specifically described by the Secretary. I hardly think that hamsters and other similar pets would make it onto the list.

[TechBear_Seattle]

11. Guam is not a state, it is a commonwealth, and has no power to prohibit importation on its own

So it would make sense that such a law would be introduced by the delegate from Guam rather than by a state Representative. And your admission to being "in the pet industry" makes your "outrage" as suspect as a tobacco lobbyist complaining about raising cigarette taxes.

[Dr.Phool]

13. Could you please keep the pythons out of the Everglades?

They're eating my gators.

[Milspec]

24. California and the "ferret ban"

In theory you can't own a ferret in CA (I knew several people that had them), but pet stores can sell branded ferret food.

ps Ferret pelt makes my skin crawl.

[JayMusgrove]

7. Precisely! That's the reason for this.

Thanks for filling us in.

There are major problems when human beings take native species half way around the world and then release them into the environment.

[DevonRex]

8. Our realtor in Hawaii sent us something about nonnative frogs that

are apparently a huge problem there.

[TechBear_Seattle]

18. There are no snakes native to the Hawaiian islands

Snakes that have been imported, accidentally or deliberately, have nearly wiped out the native bird population. Birds have been imported and, accidentally or deliberately, set free; they have caused a huge loss of native insects which are necessary for pollinating native plants, causing many species of orchids to approach extinction or become extinct. Feral pigs -- also not native -- are a persistent problem and have caused further damage to native plant populations.

Because Hawaii is a (theoretically) sovereign state, it has the power to take action on its own and so measures have been in place for more than half a century to mitigate the problem caused by non-native species. Guam is a commonwealth, a non-sovereign posession; as such, its authority to act unilaterally is quite limited. An article in National Geographics some years ago detailed how Guam had already lost almost half of its native species because of non-native imports, and how Congressional action would be required for anything to be done about stopping further loss.

[cwcwmack]

21. and...

that can be addressed on it's own...

this bill makes it a crime to own a guppy in Colorado, Maine and Minnesota...

[TexasObserver]

9. Importation of exotic animals as pets should be stopped.

Likewise for importation of such animals for hunting.

[cwcwmack]

14. agreed...

I have NO PROBLEM banning the importation of South/Central American parrots, etc... but this law would BAN domestically BRED parrots too!

[TexasObserver]

15. Bills often leave room for compromise.

Asking for more than you want is almost a given.

[demmiblue]

12. Non-native species can have a horrible impact on the environment.

:shrug:

[cwcwmack]

17. and...

there are already laws in place...

For example the "SnakeHead" is a fish that has devastated local aquatic populations after being released by hobbyists.

So it is now banned. Done deal. The system works.

They want to make it a crime to have an aquarium in your living room...

[demmiblue]

19. Lol.. OK. PS.... where is your link?

[Nicholas D Wolfwood]

46. Yeah, but why wait for another snakehead?

It's kind of a moot point to ban something after the local ecosystem has been destroyed, isn't it?

[JayMusgrove]

16. Co-sponsors list

Rep. Grace Napolitano
Del. Eni Faleomavaega
Rep. Neil Abercrombie
Rep. James McGovern
Rep. Lynn Woolsey
Rep. Raul Grijalva
Rep. Barbara Lee
Rep. Barney Frank
Rep. Alcee Hastings
Rep. Ronald Kind
Rep. Dale Kildee
Rep. Ron Klein
Rep. George Miller

[TechBear_Seattle]

20. A link to the full text of the bill

http://www.govtrack.us/congress/billtext.xpd?bill=h111-669

It seems perfectly reasonable to me but then, I don't work for the pet industry like you do.

[Dr.Phool]

22. First, they'll take your Komodo Dragons and Pythons.

Then your guns!

:rofl:

[grantcart]

25. I need my AK 47 for the Pythons

[Jakes Progress]

23. The OP did not source his post.

This is a mass mailing from PIJAC, the Pet Industry Joint Advisory Council. It is a trade organization for the commercial pet business.

I'm not saying that this invalidates the OP's concern or makes the statements invalid, but the body of the OP is from a "Warning" sent to pet dealers. The source would help understand the hysteria.

I do work with restoring land after it has been ruined by non-native species invasion. Plants as seemingly bland as the Ligustrum that fills so many gardens are killing native forests and grasslands. They choke out native plants that are more suited for the land. They use up the water and shade out the native plants. Once they succeed, they die, leaving ruined soil and nutrient dead planting medium because they weren't meant to grow here.

I suspect that many areas are beginning to have problems with released species.

This sounds like legislation that comes from the rules meant to protect against non-native encroachment not working.


Oh. And what does this have to do with Presidential General Discussion? Has Obama commented on this? There is a Pet forum. Sounds like someone wanted a large audience and thought this forum would get it.

[rvablue]

26. Thank you Jakes for sourcing the info in the OP!

This OP likes to lob grenades.

It is very enlightening to see who is behind this: people who profit from catching and selling these wild animals.

Much appreciated foot work on exposing who this originally came from.

[cwcwmack]

28. knock, knock, knock...

"This is Agent Smith with the DEA, come out with your hands up... and bring your hamster and guppy tank!"

Lol... just lol.

Btw... fyi...

MOST pets sold in the USA are not captured and turned into pets.

Tropical fish are "nearly" 100% captive bred and aren't "pulled" from a lake/river.

Dozens of species of marine fish are now bred in captivity and don't affect the oceans and reefs.

Tens of thousands of live coral colonies are now grown in captivity thus not affecting the natural reefs.

Companies in the industry now support "Zero Impact" reef aquariums where absolutely NOTHING is "from the ocean"... not a fish, coral, snail or a rock. Not even the sand.

[Jakes Progress]

41. It's not a matter of depleting the stock

or stealing fishies. It is the problem of non-native species that get into the local environment. Think of the Nutria problem in the south.

In my youth I had hamsters. Loved the little creatures. But I now have eliminated non-native plants from my yard because they carry over into the local environment. So the "Zero Impact" would be on the animal's native environment, but does not address our own. Perhaps there could be a middle ground. But fire alarm, dire warings and sarcasm don't help the cause.

[hedgehog]

27. I'm curious how much this bill is motivated by the need to protect species

in their native habitat. Fish harvested to meet the demand of American aquariums aren't around to breed.

[cwcwmack]

29. actually that's not correct.

MOST of all tropical freshwater fish are captive bred.

MANY marine fish are also captive bred.

And the impact of marine fish collection for the aquarium industry is minor at best. Remember... when you go to a fish (food) market in Asia you will see the same fish that the people EAT there in the market... that are also sent to the US to be in an aquarium.

Fishing for FOOD is clearly more destructive.

[hedgehog]

30. I suspect the truth is somewher in the middle. Most fish may be

captive bred, but there is still enough demand for wild caught fish to cause problems.


http://www.idrc.ca/en/ev-27172-201-1-DO_TOPIC.html

[Jakes Progress]

42. The possible damage isn't to the wild fish

but to our native species. There are numerous cases of exotic animals released when it got to expensive to keep them or the owner just got tired of them. They dump the fish in the lake or the critters in the field and, on occasion, they go on to destroy the habitat for the native animal.

[EffieBlack]

31. My reading of the bill is that it prohibits the IMPORTATION of certain species that "cause or are

likely to cause economic harm or harm to other animal species' health or human health."

It does not ban ban "any and all Pets such as tropical fish, reptiles, hamsters, guinea pigs, etc." In fact, it requires the Secretary to publish a list of approved species within 36 months of the passage of the law.

I think you've gotten incorrect information.


H.R.669
Nonnative Wildlife Invasion Prevention Act (Introduced in House)

--------------------------------------------------------------------------------



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.

[cwcwmack]

33. but...

this legislation STARTS with the premise that all non native pets are illegal and only to be "considered for approval"

And IMHO... if PIJAC feels this is a mortal threat to the Pet Industry... I tend to believe their legal staff that have determined it's threat potential.

[cwcwmack]

34. Bottom line...

the law is meant to prevent our own ecosystems from being affected by a non native pet being released.

So if you're worried about a species of marine snail that may nibble on algae in Florida... then why make the snail illegal in Colorado? Or Minnesota or Illinois? Most non native animals we're discussing would "lose out" on the whole competition thing... reason that wild hamsters aren't affecting rat populations? because they can't compete.

It's a VERY rare species that is a true threat to US ecosystems.

[cwcwmack]

35. and in addition:

they're using it as a income tool

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.

So if the Pet Industry wants the Sailfin Molly or the Guppy added to the "Approved List" they have to pay the fees...

nice.

[jberryhill]

39. So you are saying that importation of any non-native species should be presumptively legal?

And that everyone else should foot the bill for review of any new species, for the sake of commercial importation interests?

Clearly, the process for the preliminary list is not fee based, and clearly it would include guppies.

[ieoeja]

40. And there it is. PIJAC is just worried about the money.

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--


The bill says the Department of Interior must:

- publish an initial preliminary list within 60 days,
- start accepting applications for inclusion on the final preliminary list immediately thereafter,
- and publish the final preliminary list in two years.


So they have two years to prepare a list of approved non-native species before paid applications for approval become necessary.

You mention in earlier posts that the existing system already works and how. And in each case the existing system worked AFTER importation of a non-native species caused significant damage. What this bill does is require proof BEFORE importation. That proof could be difficult and expensive. Which is why the industry opposes it.

But it is not going to have the widespread paranoid effects you have been citing.

[jberryhill]

38. No it doesn't and you clearly haven't read it

Your statement that it prevents "breeding guppies in Montana" is so far from correct, that you either have not actually read the bill, or you are being dishonest for reasons only known to you.

Before anything is banned, a preliminary list must be drawn up with public input:

http://www.govtrack.us/congress/billtext.xpd?bill=h111-669


(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).

Now without going into details on the review and further treatment of the preliminary list, it is MANDATORY to include species fitting criteria (a) and (b) above.

So, apart from your absolutely incorrect representation that breeding animals present in the US would be "banned", it is also stunningly clear that your example of "guppies" would be subject to mandatory inclusion on the preliminary list.

You have read a summary of the bill, obviously prepared by exotic animal importation interests, which is thoroughly inaccurate, and you have presented exaggerated and unsupported conclusions of what the bill requires or would mandate.

[Jakes Progress]

43. But, but...We must have drama.

The sky is falling. The sky is falling.

We can't let facts and motive get in the way of a little drama, can we?

[RaleighNCDUer]

36. If i can't have guinea pigs,

what am i going to feed to my burmese python?

Puppies?

[Zynx]

37. My Egyptian Uromastyx lizard says fuck her.

[Silver City Dave]

44. HR669 Good Idea...HORRIBLE Strategy!

Hi All,

This HR669 is really upsetting me. It's written totally Bass Ackwards! It's like saying, "We need a list of all the foods you can eat.", instead of saying. "Tell us what you can't eat."!

I'm Pro-Environment, but I'm Pro-Pets too...this legislation as written will ban all pets except cats, dogs, rabbits, and goldfish...seriously!

If you don't agree with me please no flames.

Here is a sample letter I made up to send to the subcomitte members of this legislation and my state representatives.

If you agree with me, feel free to use it, change it, whatever...here it is:

Dear Sir or Madam,

I would like to start by stating that my family, friends, and I are NOT in favor of “The Non-Native Wildlife Invasion Prevention Act”, also known as HR669.

At first glance, the name of this piece of legislation sounds quite innocent. The word “Non-Native” leads people to believe it only concerns imported animals. The word “Wildlife” naturally makes people envision animals taken from the wild. Finally, “Invasion Prevention”…well, who would argue with that nomenclature!

Consequently, the name of this legislation is very misleading. Many pet owners and breeders I have spoken to believe that their pets will not be affected. They don’t realize parakeets, guinea pigs, tropical fish, whether captive-bred or wild-caught, are about to be banned if this legislation becomes law. This misinterpretation in itself will also drastically reduce the number of citizens that will speak out in protest of this issue!

Subsequently, many web-sites are misinforming the public about HR669. They encourage people to sign petitions and write the subcommittee members and their elected representatives to support HR669. This is a travesty that so many misinformed citizens are supporting an agenda they know so little about.

I agree that non-native animals, once established, can be problematic to fragile ecosystems. These fragile ecosystems are primarily located in isolated tropical regions where there are no or very limited natural predators (e.g.: Guam, Hawaii, etc…). These areas are often the easiest places for an introduced species to establish itself and thrive.

The continental United States is quite the different. No introduced species, except man, has caused the eradication or extinction of an entire species.

The Federal Government should not interfere in this matter. State Fish and Wildlife Departments are already responsible for protecting wildlife and law enforcement. Each state already has its own governing force enacting laws concerning both native and non-native species.

Federal legislation as proposed in HR669 is an extreme response and does not take into consideration the economic repercussions should it become law. Almost overnight importers, wholesalers, breeders, pet-shops, pet food manufacturers would be put out of business. Not to mention all of the support businesses such as transportation companies, distributors, publishers, internet companies, and office supply businesses that will be impacted. Millions of families and good working people will be affected. The plight of our struggling economy need not be worsened by enacting this legislation. Furthermore, it punishes law-abiding pet owners and the people who earn a living in the Pet Industry.

Please stand up for the people and vote NO on HR669. It is the right thing to do.

Sincerely,
Name
Address
City-State-Zip Code
Telephone
Email

I also made up a mini-web-site to help everyone have all the legislation and contact info they need on HR669 in one place.

Here it is:

http://www.scserp.com/SCS_Legislation_Federal_H.R.%20669.htm

[Aloha Spirit]

45. You come on to a Democratic message board to rail against regulation of your business? Weird.

Without even arguing why we should agree with your position.

[Reterr]

48. OH NOES!!!!!! Oh the horror..oh the drama

:mad: