,i #aacth ,,congress #ast ,session ,h4 ,r4 #iif ,,in ,,the ,,house ,,of ,,representatives ,march #f1 #bjac ,ms4 ,slaughter 7for herself1 ,mr4 ,rangel1 ,mr4 ,levin1 ,mr4 ,higgins1 ,mr4 ,ellison1 ,mr4 ,hastings of ,florida1 ,mr4 ,blumenauer1 ,mr4 ,grijalva1 ,ms4 ,bordallo1 ,mr4 ,maffei1 ,ms4 ,lee of ,california1 ,mr4 ,conyers1 ,mrs4 ,capps1 ,mr4 ,moran1 ,ms4 ,kaptur1 ,mr4 ,walz1 ,mr4 ,murphy of ,florida1 ,mr4 ,sablan1 ,mr4 ,farr1 ,mrs4 ,carolyn ,b4 ,maloney of ,new ,york1 ,mr4 ,peters of ,michigan1 ,mr4 ,ryan of ,ohio1 ,ms4 ,pingree of ,maine1 and ,mr4 ,dingell7 introduced the following bill2 which was referred to the ,committee on ,natural ,resources1 and in addition to the ,committees on the ,judiciary1 ,ways and ,means1 and the ,budget1 for a period to be subsequently determined by the ,speaker1 in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned ,a ,,bill ,to establish an improved regulatory process for injurious wildlife to prevent the introduction and establishment in the ,united ,states of nonnative wildlife and wild animal pathogens and parasites that are likely to cause harm4 #a4 ,short title ,this ,act may be cited as the ,invasive ,fish and ,wildlife ,prevention ,act4 #b4 ,purpose ,the purpose of this ,act is to establish an improved regulatory process for injurious wildlife to prevent the introduction and establishment in the ,united ,states of nonnative wildlife and wild animal pathogens and parasites that are likely to cause-- 7#a7 economic or environmental harm2 or 7#b7 harm to humans or animal health4 #c4 ,definitions ,in this ,act3 7#a7 ,approved wildlife sanctuary ,the term approved wildlife sanctuary means a sanctuary that cares for wildlife species that-- 7,a7 7i7 is a corporation that is exempt from taxation under section #eja7;a7 of the ,internal ,revenue ,code #aihf and is described in sections #eja7;c77#c7 and #agj7;b77#a77;,a77vi7 of that ,code2 or 7ii7 is an educational entity2 7,b7 does not commercially trade in animals regulated under this ,act1 including offspring1 parts1 and byproducts of those animals2 7,c7 does not propagate animals regulated under this ,act2 and 7,d7 meets any additional criteria that the ,service determines are necessary and consistent with the purpose of this ,act4 7#b7 ,aquatic nuisance species task force ,the term ,aquatic ,nuisance ,species ,task ,force means the ,aquatic ,nuisance ,species ,task ,force established under section #abja of the ,nonindigenous ,aquatic ,nuisance ,prevention and ,control ,act of #aiij 7#af ,u4,s4,c4 #dgjb74 7#c7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#d7 ,fund ,the term ,fund means the ,injurious ,wildlife ,prevention ,fund established by section #af7;a74 7#e7 ,import ,the term import means to bring into1 or introduce into1 or attempt to bring into1 or introduce into1 any place subject to the jurisdiction of the ,united ,states1 regardless of whether the bringing into or introduction constitutes an importation within the meaning of the customs laws of the ,united ,states4 7#f7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#g7 ,national invasive species council ,the term ,national ,invasive ,species ,council means the ,national ,invasive ,species ,council established by ,executive ,order #acaab on ,february #h1 #aiii 7#fd ,fed4 ,reg4 #fahc74 7#h7 ,native ,the term native1 with respect to a wildlife taxon1 means a wildlife taxon that historically occurred or currently occurs in the ,united ,states1 other than as a result of an intentional or unintentional introduction by humans4 7#i7 ,nonnative wildlife taxon 7,a7 ,in general ,the term nonnative wildlife taxon means any family1 genus1 species1 or subspecies of live animal that is not native to the ,united ,states1 regardless of whether the animal was born or raised in captivity4 7,b7 ,inclusions ,the term nonnative wildlife taxon includes any viable egg1 sperm1 gamete1 or other reproductive material or offspring of an animal of a family1 genus1 species1 or subspecies described in subparagraph 7,a74 7,c7 ,exclusions ,the term nonnative wildlife taxon does not include-- 7i7 any taxon that is-- 7,i7 specifically defined or regulated as a plant pest or approved for biological control purposes under the ,plant ,protection ,act 7#g ,u4,s4,c4 #ggja et seq472 or 7,,ii7 defined or regulated as a threat to livestock or poultry under the ,animal ,health ,protection ,act 7#g ,u4,s4,c4 #hcja et seq472 or 7ii7 any common and clearly domesticated species or subspecies1 including-- 7,i7 cat 7,felis catus72 7,,ii7 cattle or oxen 7,bos taurus72 7,,iii7 chicken 7,gallus gallus domesticus72 7,,iv7 common canary 7,serinus canaria domesticus72 7,v7 dog 7,canis lupus familiaris72 7,,vi7 donkey or ass 7,equus asinus72 7,,vii7 domesticated members of the family ,anatidae 7geese72 7,,viii7 duck 7domesticated ,anas spp472 7,,ix7 domesticated ferret 7,mustela furo72 7,x7 gerbil 7,meriones unguiculatus72 7,,xi7 goat 7,capra aegagrus hircus72 7,,xii7 guinea pig or ,cavy 7,cavia porcellus72 7,,xiii7 goldfish 7,carassius auratus auratus72 7,,xiv7 domesticated hamsters 7,cricetulus griseus1 ,mesocricetus auratus1 ,phodopus campbelli1 ,phodopus sungorus1 and ,phodopus roborovskii72 7,,xv7 horse 7,equus caballus72 7,,xvi7 llama 7,lama glama72 7,,xvii7 mule or hinny 7,equus caballus x ,e4 asinus72 7,,xviii7 pig or hog 7,sus scrofa domestica72 7,,xix7 domesticated varieties of rabbit 7,oryctolagus cuniculus72 7,,xx7 sheep 7,ovis aries72 or 7,,xxi7 any other species or subspecies that the ,director determines to be common and clearly domesticated4 7#aj7 ,person ,the term person means-- 7,a7 an individual1 corporation1 partnership1 trust1 association1 or other private entity2 7,b7 any officer1 employee1 agent1 department1 or instrumentality of the ,federal ,government1 or of any tribal government1 or of any ,state1 municipality1 or political subdivision of a ,state1 or of any foreign government2 and 7,c7 any other entity subject to the jurisdiction of the ,federal ,united ,states4 7#aa7 ,qualified institution ,the term qualified institution means an institution that is determined by the ,director to be-- 7,a7 for scientific1 veterinary1 or medical research or education1 or a zoo or aquarium accredited by the ,association of ,zoos and ,aquariums2 or 7,b7 an approved wildlife sanctuary4 7#ab7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#ac7 ,state ,the term ,state means-- 7,a7 each of the several ,states of the ,united ,states2 7,b7 the ,district of ,columbia2 7,c7 the ,commonwealth of ,puerto ,rico2 7,d7 ,guam2 7,e7 ,american ,samoa2 7,f7 the ,commonwealth of the ,northern ,mariana ,islands2 7,g7 the ,federated ,states of ,micronesia2 7,h7 the ,republic of the ,marshall ,islands2 7,i7 the ,republic of ,palau2 and 7,j7 the ,united ,states ,virgin ,islands4 7#ad7 ,united ,states ,the term ,united ,states means-- 7,a7 the ,states2 and 7,b7 any land and water1 including the territorial sea and the ,exclusive ,economic ,zone1 within the jurisdiction or sovereignty of the ,federal ,government4 #d4 ,proposals for regulation of nonnative wildlife taxa 7a7 ,proposals ,any person or entity1 or the ,director1 at the discretion of the ,director1 may propose the regulation of1 or revised regulation of1 #a or more taxa4 7b7 ,information ,a proposal by a person or agency should include adequate information to allow the ,director to determine whether the taxon meets the criteria for designation as ,injurious ,i or ,injurious ,,ii under section #e7;a77#a77;,a74 7c7 ,public and agency comment 7#a7 ,in general ,upon receipt of a proposal that the ,director determines to be complete1 and for any proposal the ,director elects to prepare1 the ,director shall publish notice of the proposal in the ,federal ,register and provide an opportunity for at least #fj days of public comment4 7#b7 ,regulations for complete proposals ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary1 acting through the ,director1 shall promulgate regulations on the criteria for complete proposals4 7d7 ,determination ,not later than #ahj days after the date of publication of a proposal under subsection 7c71 or as soon thereafter as is feasible1 the ,director shall make a determination as to whether the proposal should be approved or disapproved4 7e7 ,notice of determination ,the ,director shall-- 7#a7 publish in the ,federal ,register notice of the determination made under subsection 7d72 and 7#b7 make the basis for the determination available on a publicly available ,federal ,internet site4 #e4 ,scientific risk assessment and risk determination regulations 7a7 ,assessment and determination 7#a7 ,in general ,the ,secretary1 acting through the ,director1 shall promulgate regulations-- 7,a7 to further specify the criteria for regulating a nonnative wildlife taxon as-- 7i7 an ,injurious ,i taxon1 which shall be a taxon-- 7,i7 that the ,director determines-- 7aa7 to be injurious to human beings1 the interests of agriculture1 horticulture1 or forestry1 or wildlife or wildlife resources of the ,united ,states2 and 7bb7 to have a high degree of potential harm and is a taxon with which qualified institutions have not previously had significant experience in maintaining successfully in captivity and preventing escapes or releases2 and 7,,ii7 except as provided in section #ab1 the importation and transportation of which in interstate commerce shall be conducted only pursuant to a permit issued under section #ab to a qualified institution2 or 7ii7 an ,injurious ,,ii taxon1 which shall be a taxon-- 7,i7 that the ,director determines-- 7aa7 to be injurious to human beings1 the interests of agriculture1 horticulture1 or forestry1 or wildlife or wildlife resources of the ,united ,states2 but 7bb7 to have a degree of potential for harm that is less than the degree of potential harm of an ,injurious ,i taxon or is a taxon with which qualified institutions have previously had significant experience in maintaining successfully in captivity and preventing escapes or releases2 and 7,,ii7 for which no permit is required if the taxon is-- 7aa7 imported to a qualified institution2 7bb7 transported in interstate commerce and intrastate commerce to and among qualified institutions2 or 7cc7 held by a qualified institution2 7,b7 to establish a process for assessing and analyzing the risks of taxa that may have been1 or foreseeably could be1 imported into1 or found in interstate commerce within1 the ,united ,states2 and 7,c7 that may also provide for cases in which exceptions or additions to the ,injurious ,i taxon or ,injurious ,,ii taxon criteria may be necessary to address extraordinary risks4 7#b7 ,basis1 availability1 and review ,the ,director shall-- 7,a7 ensure that the risk assessment and risk determination processes conducted under this section are based on sound science2 and 7,b7 make the results of each such assessment and determination available to the public4 7#c7 ,previously listed taxa ,each wildlife taxon previously designated by statute or by the ,secretary as injurious under section #db7;a7 of title #ah1 ,united ,states ,code 7including under any regulation promulgated under that authority71 shall1 after the effective date of the final regulations promulgated under this subsection1 be promptly designated by the ,director as an ,injurious ,i taxon or ,injurious ,,ii taxon under this subsection1 based on a determination by the ,director of whether the taxon meets the criteria described in clause 7i7 or 7ii71 respectively1 of paragraph 7#a77;,a74 7#d7 ,deadlines 7,a7 ,proposed regulations ,not later than #a year after the date of enactment of this ,act1 the ,secretary shall publish in the ,federal ,register a proposed version of the regulations required under this subsection4 7,b7 ,final regulations ,not later than #ah months after the date of enactment of this ,act1 the ,secretary shall promulgate final regulations required under this subsection1 including a public notification of the process for submission of a proposal under section #d7;a74 7,c7 ,additional requirement of pre-import risk screening for all taxa novel to the united states 7i7 ,in general ,not later than #c years after the date of enactment of this ,act1 the ,secretary shall by regulation-- 7,i7 define the phrase non-native wildlife taxa novel to the ,united ,states for the purpose of this section2 and 7,,ii7 set forth a process to ensure that all unregulated non-native wildlife taxa novel to the ,united ,states are thereafter reviewed by the ,director prior to allowance of their importation to the ,united ,states to determine whether they should be regulated under any of clause 7i7 or 7ii7 of paragraph 7#a77;,a74 7ii7 ,avoidance of new incentives ,in promulgating the regulation under clause 7i71 the ,secretary shall seek to avoid creating a new incentive for animal importers to import novel taxa prior to the effective date of the regulation4 7iii7 ,new regulation for imports of taxa novel to the united states ,not later than #a year after the date of promulgation of the regulation under clause 7i71 the ,secretary shall implement the regulation4 7b7 ,scientific risk assessment ,the regulations promulgated under subsection 7a7 shall require consideration1 in an initial scientific risk assessment of a taxon1 of at least-- 7#a7 the scientific name and native range of the taxon2 7#b7 whether the taxon has established or spread1 or caused harm to the economy1 the environment1 or the health of other animal species in the ,united ,states or in an ecosystem similar to an ecosystem in the ,united ,states2 7#c7 whether environmental conditions suitable for the establishment or spread of the taxon exist or will exist in the ,united ,states2 7#d7 the likelihood of establishment and spread of the taxon2 7#e7 whether the taxon will cause harm to human beings1 to the interests of agriculture1 horticulture1 forestry1 or to wildlife or the wildlife resources of the ,united ,states2 7#f7 whether the taxon will damage land1 water1 or facilities of the ,national ,park ,system or other public land2 7#g7 the best available scientific risk screening systems or predictive models that apply to the taxon2 and 7#h7 other factors important to assessing risks1 if any1 associated with the taxon1 in accordance with the purpose of this ,act4 7c7 ,risk determination ,prior to designating any nonnative wildlife taxon as an ,injurious ,i taxon or ,injurious ,,ii taxon under subsection 7a71 after conducting a risk assessment1 the ,director shall prepare a risk determination that takes into consideration-- 7#a7 the results of the risk assessment2 and 7#b7 at a minimum-- 7,a7 the capabilities and any efforts of ,states1 local governments1 and ,indian tribes to address the risks1 if any1 identified by the ,director with respect to the taxon1 including the results of any risk assessments conducted for the taxon that are available to the ,director2 7,b7 the potential for reduction1 mitigation1 control1 and management of any risks identified2 and 7,c7 whether any risks identified already are adequately addressed under other applicable law4 7d7 ,discretionary analysis 7#a7 ,in general ,in preparing the risk determination for a taxon1 the ,director may consider the economic1 social1 and cultural impacts of a decision on whether to regulate the taxon4 7#b7 ,other requirements ,this section shall satisfy the requirements of1 and apply in lieu of any other requirement to complete an analysis under1 any other law 7including a regulation or ,executive order7 on economic1 social1 or cultural impact4 7e7 ,notice and consultation ,in promulgating regulations under subsection 7a71 the ,director shall notify and consult with1 at a minimum-- 7#a7 affected ,states1 ,indian tribes1 qualified institutions1 and other stakeholders2 7#b7 the ,aquatic ,nuisance ,species ,task ,force2 7#c7 the ,national ,invasive ,species ,council2 7#d7 the ,department of ,agriculture2 7#e7 the ,centers for ,disease ,control and ,prevention2 and 7#f7 the ,national ,oceanic and ,atmospheric ,administration4 #f4 ,emergency temporary designation 7a7 ,in general ,if the ,director determines an emergency exists because an unregulated nonnative wildlife taxon poses an imminent threat of harm to individuals in or wildlife of the ,united ,states1 or the economy or environment of the ,united ,states1 the ,director may immediately temporarily designate the nonnative wildlife taxon as ,injurious ,i in accordance with section #e7;a77#a77;,a77i74 7b7 ,notice of temporary designation ,the ,director shall promptly-- 7#a7 publish in the ,federal ,register notice of each temporary designation under this subsection2 and 7#b7 make the basis for the designation available on a publicly available ,federal ,internet site and through other appropriate means4 7c7 ,determination ,not later than #a year after temporarily designating a nonnative wildlife taxon using the emergency authority under this section1 the ,director shall-- 7#a7 make a final determination regarding whether the taxon should be further regulated under either of clause 7i7 or 7ii7 of section #e7;a77#a77;,a72 7#b7 publish notice of that final determination in the ,federal ,register2 and 7#c7 make the basis for the determination available on a publicly available ,federal ,internet site4 7d7 ,limitation on procedures ,the procedures under sections #d and #e of this ,act and section #eec of title #e1 ,united ,states ,code1 shall not apply to temporary designations under this section4 7e7 ,state requests ,if the ,governor of a ,state requests a temporary emergency designation under this section1 the ,director shall respond promptly with a written determination on the request4 #g4 ,information on imported animals 7a7 ,improved information ,the ,director shall-- 7#a7 not later than #ah months after the date of enactment of this ,act1 establish an electronic database that describes1 using scientific names to the species level 7or subspecies level1 if applicable71 all quantities of imports of all live wildlife1 and the regulatory status of the wildlife1 in a form that permits that information to be rapidly accessed2 and 7#b7 not later than #cj days after the date of importation of wildlife described in paragraph 7#a71 make the information described in that paragraph 7other than confidential business information associated with those imports that is protected under other ,federal law7 available on a publicly available ,federal ,internet site4 7b7 ,annual report of information ,not later than #c years after the date of enactment of this ,act1 and not later than each ,april #a thereafter1 the ,director shall issue1 including on a publicly available ,federal ,internet site1 a report that includes1 at a minimum1 a description of-- 7#a7 all nonnative wildlife imported1 using scientific names of the wildlife to the species or subspecies level1 to the extent known2 and 7#b7 cumulative quantities of imported wildlife and the regulatory status of the wildlife4 7c7 ,monitoring import information ,in consultation with inspection1 customs1 and border officials in the ,departments of ,agriculture and ,homeland ,security1 the ,director shall regularly-- 7#a7 monitor the identities and quantities of nonnative wildlife taxa being imported1 with particular emphasis on wildlife newly in the import trade to the ,united ,states2 and 7#b7 determine1 to the maximum extent practicable1 whether the newly traded taxa would meet the criteria for regulation1 and should be regulated1 under any of clause 7i7 or 7ii7 of section #e7;a77#a77;,a74 #h4 ,injurious wildlife determinations 7a7 ,in general ,immediately upon the date of enactment of this ,act1 the ,secretary shall make more rapid determinations on proposals for regulation of wildlife under section #db of title #ah1 ,united ,states ,code4 7b7 ,streamlining of determinations ,in carrying out subsection 7a7 and other provisions of this ,act1 the ,secretary-- 7#a7 shall use the best available scientific risk screening systems or predictive models that apply to the taxon under consideration2 7#b7 shall forego time-consuming optional administrative steps1 unless the ,secretary determines the steps to be essential2 and 7#c7 notwithstanding chapter #f1 and section #hjd1 of title #e1 ,united ,states ,code1 may forego economic impact analyses4 #i4 ,effect on injurious wildlife provision ,this ,act and the regulations promulgated under this ,act shall take precedence over any conflicting regulation promulgated under section #db of title #ah1 ,united ,states ,code4 #aj4 ,prevention of wildlife pathogens and parasites 7a7 ,in general ,the ,secretary shall have the primary authority to prevent1 and the primary responsibility for preventing1 the importation of1 and interstate commerce in1 wildlife pathogens and harmful parasites4 7b7 ,regulations 7#a7 ,in general ,in addition to regulations required under section #e7;a71 the ,secretary shall promulgate such regulations as are necessary-- 7,a7 to minimize the likelihood of introduction or dissemination of any disease or harmful parasite of native or nonnative wildlife2 and 7,b7 to impose any additional necessary import restrictions1 including management measures1 health certifications1 quarantine requirements1 specifications for conveyances1 holding water1 and associated materials1 shipment and handling requirements1 and other measures that the ,secretary determines to be necessary-- 7i7 to prevent the importation of1 and interstate commerce in1 wildlife pathogens and harmful parasites2 and 7ii7 to address-- 7,i7 a particular taxon2 7,,ii7 the place of origin of a particular taxon2 and 7,,iii7 the conveyance and materials associated with wildlife transport4 7c7 ,relationship to other authorities 7#a7 ,in general ,except as provided in paragraph 7#b71 the ,secretary shall exclude from regulation under this section any pathogen1 parasite1 or host taxon that is-- 7,a7 defined or regulated by the ,department of ,health and ,human ,services as a threat to humans under section #cfa of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bfd72 7,b7 defined or regulated by the ,department of ,agriculture as a threat to livestock or poultry under the ,animal ,health ,protection ,act 7#g ,u4,s4,c4 #hcja et seq472 or 7,c7 specifically defined or regulated by the ,department of ,agriculture as a plant pest or approved for biological control purposes under the ,plant ,protection ,act 7#g ,u4,s4,c4 #ggja et seq474 7#b7 ,exception ,the ,secretary may regulate a pathogen1 parasite1 or host taxon described in any of subparagraphs 7,a7 through 7,c7 of paragraph 7#a7 to the extent that the taxon also poses a wildlife disease risk4 7d7 ,coordination 7#a7 ,in general ,in promulgating regulations under and otherwise carrying out this section and section #g1 the ,secretary shall consult and coordinate with-- 7,a7 other ,federal agencies and departments with authority to regulate taxa2 7,b7 ,state wildlife agencies2 7,c7 ,state veterinarians2 and 7,d7 other officials with related authorities4 7#b7 ,consultation by secretary of agriculture ,in any case in which the ,secretary of ,agriculture participates in the ,world ,organization for ,animal ,health1 the ,secretary of ,agriculture shall confer and consult with the ,secretary on any matters relating to prevention of wildlife diseases that may threaten the ,united ,states4 #aa4 ,prohibitions 7a7 ,prohibitions ,except as provided in this section or section #ab1 it shall be unlawful for any person subject to the jurisdiction of the ,united ,states-- 7#a7 to import into the ,united ,states any nonnative wildlife taxon the ,director has designated as ,injurious ,i or ,injurious ,,ii under section #e7;a77#a77;,a7 or under section #f1 or to knowingly possess such an animal1 or the descendant of such an animal1 that was imported in violation of this subsection2 7#b7 to engage in interstate commerce for any nonnative wildlife taxon described in paragraph 7#a71 or to knowingly possess such an animal1 or the descendant of an animal1 that was transported in interstate commerce in violation of this subsection2 7#c7 to violate any term or condition of a permit issued to a qualified institution under section #ab for a taxon designated as ,injurious ,i under clause 7i7 of section #e7;a77#a77;,a7 or under section #f2 7#d7 to release into the wild any nonnative wildlife taxon described in paragraph 7#a72 7#e7 to violate any additional regulation promulgated by the ,secretary as necessary to prevent the importation of1 and interstate commerce in1 wildlife pathogens and harmful parasites under this ,act2 or 7#f7 to attempt any of the prohibited actions described in paragraphs 7#a7 through 7#e74 7b7 ,exemption for interstate transportation of animals of later-,regulated taxa 7#a7 ,in general ,except as provided in paragraph 7#b71 an individual animal that was lawfully owned prior to the taxa to which the animal belongs being regulated by the ,director under this ,act as ,injurious ,,ii may be transported interstate without a permit by any person for noncommercial purposes only4 7#b7 ,exception ,the exemption under paragraph 7#a7 does not apply to an animal of any taxa designated by the ,director as ,injurious ,i4 7c7 ,limitation on ,application 7#a7 ,in general ,the prohibitions in this section shall not apply to-- 7,a7 any action by ,federal1 ,state1 tribal1 or local law enforcement personnel to enforce this section2 and 7,b7 any action by ,federal1 ,state1 tribal1 or local officials to prevent the introduction or establishment of nonnative wildlife1 or wildlife pathogens or parasites1 including actions to transport1 hold1 and shelter animals of taxa regulated under this ,act4 7#b7 ,importation and transportation by ,federal agencies ,nothing in this ,act shall restrict the importation or transportation between any ,states of nonnative wildlife by a ,federal agency for the use of the ,federal agency if the nonnative wildlife remains in the possession of a ,federal agency4 7d7 ,effective date ,this section takes effect on the date that is #cj days after the date of promulgation of the final regulations under section #e7;a74 #ab4 ,permits and exemptions for qualified institutions and live animal transporters 7a7 ,permits ,the ,director may issue to a qualified institution a permit authorizing any of the actions otherwise prohibited under section #aa for any wildlife taxon designated under clause 7i7 or 7ii7 of section #e7;a77#a77;,a7 or under section #f4 7b7 ,terms and conditions ,the ,director may include in a permit under subsection 7a7 terms and conditions to minimize the risk of introduction or establishment of nonnative wildlife1 pathogens1 and parasites in the ,united ,states4 7c7 ,exemption and reporting 7#a7 ,in general ,no permit shall be required for any qualified institution or any live animal transportation company or other live animal transporter that is in temporary possession of an animal delivering it to1 or transporting it from1 a qualified institution1 to import or transport 7on an interstate or intrastate basis71 or possess or breed1 any taxon that the ,director has designated as an ,injurious ,,ii taxon under section #e7;a77#a77;,a77ii74 7#b7 ,display exemption ,no permit shall be required for the import1 interstate or intrastate transportation1 possession1 or breeding of an ,injurious ,i taxon by a qualified zoo or aquarium institution4 7#c7 ,exclusions ,the exemptions described in paragraphs 7#a7 and 7#b7 do not include the transfer of ownership of an ,injurious ,i taxon or the transfer of ownership of an ,injurious ,,ii taxon to any person or entity other than to another qualified institution4 7#d7 ,record ,each qualified institution or live animal transporter that imports1 transports 7on an interstate or intrastate basis71 possesses1 or breeds any taxa designated as ,injurious ,i or ,,ii shall maintain records1 subject to annual inspection by the ,director1 at the discretion of the ,director1 that summarize the transactions of the qualified institution or live animal transporter for the covered taxa4 7d7 ,regulations2 list of qualified institutions ,the ,secretary shall-- 7#a7 promulgate regulations to implement this section2 and 7#b7 maintain a current roster of designated qualified institutions on a publicly available ,federal ,internet site and through other appropriate means4 7e7 ,report ,not later than ,march #a of each year1 a qualified zoo or aquarium shall submit to the ,director a report on the imports1 interstate or intrastate transportation1 possession1 or breeding of any ,injurious ,i taxon by the qualified zoo or aquarium for the preceding calendar year4 #ac4 ,user fees 7a7 ,definition of live wildlife shipments ,in this section1 the term live wildlife shipment does not include shipments made by qualified institutions for scientific1 veterinary1 or medical research1 medical research1 education1 conservation outreach1 or display purposes4 7b7 ,reasonable fee ,not later than #b years after the date of enactment of this ,act1 the ,secretary shall propose1 and subsequently adopt1 by regulation1 a reasonable fee to be charged on imported live wildlife shipments for use in recovering a portion of the costs of-- 7#a7 improving the information available on the importation and interstate commerce trade of wildlife2 7#b7 monitoring that information under section #g2 7#c7 conducting risk assessments and risk analyses for nonnative wildlife taxa in that trade under sections #d and #e2 7#d7 making emergency designations under section #f2 and 7#e7 preventing wildlife pathogens and parasites under section #aj4 7c7 ,cost recovery purpose ,the purpose of the user fees in this section shall be to recover approximately #ge percent of the costs to the ,director for the services listed in subsection 7b71 after such date as the user fee regulation under subsection 7b7 is fully implemented and the amounts of the fees received have been appropriated to the ,injurious ,wildlife ,prevention ,fund pursuant to section #af7;b77#b77;,a7 for at least one full fiscal year4 7d7 ,fee limit 7#a7 ,in general ,the amount of the additional fee to be charged on any live wildlife shipment under this section shall be set by the ,secretary only after fully considering public comments on the proposed fee regulation and it shall be charged broadly and fairly across the live wildlife import industry and at the lowest level feasible to achieve the cost recovery purpose in subsection 7c74 7#b7 ,annual total fee revenue ,the fees shall be set so that the annual total fee revenue shall not exceed the amount of the annual total fee revenue of the fee charged by the ,director under the inspection program of the ,director to oversee the importation of live wildlife carried out pursuant to-- 7,a7 section #aa7;f7 of the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aedj7;f772 7,b7 subpart ,i of part #ad of title #ej1 ,code of ,federal ,regulations 7or successor regulations72 and 7,c7 other applicable authority4 #ad4 ,relationship to ,state law 7a7 ,possession of lawfully obtained injurious wildlife taxa ,possession of lawfully obtained injurious wildlife taxa within a ,state shall-- 7#a7 be a matter of ,state law2 and 7#b7 7,a7 not be federally regulated2 or 7,b7 not require a ,federal permit under this ,act4 7b7 ,regulations and determinations ,except as provided in subsection 7c71 nothing in this ,act1 or in the regulations and determinations to be promulgated or issued by the ,secretary or the ,director under this ,act1 preempts or otherwise affects the application of any ,state law that establishes more stringent requirements for-- 7#a7 the importation1 transportation1 possession1 sale1 purchase1 release1 breeding of1 or bartering for1 or any other transaction involving1 any nonnative wildlife taxon2 or 7#b7 the prevention of wildlife pathogens and harmful parasites4 7c7 ,limitation on ,application of prohibitions ,to prevent release ,the ,director may limit the application of this ,act to facilitate implementation of any ,state1 local1 or tribal program that results in voluntary surrender of regulated nonnative wildlife1 if the ,director determines that the limitation will prevent the release of that wildlife4 #ae4 ,penalties and sanctions 7a7 ,civil penalties 7#a7 ,civil administrative penalties 7,a7 ,in general ,any person who is found by the ,secretary1 after notice and opportunity for a hearing conducted in accordance with section #eed of title #e1 ,united ,states ,code1 to have committed any act prohibited by section #aa shall be liable to the ,united ,states for a civil penalty in an amount not to exceed #aj1jjj for each violation4 7,b7 ,subpoena power ,for the purposes of conducting any investigation or hearing under this ,act1 the ,secretary may-- 7i7 issue subpoenas for the attendance and testimony of witnesses and the production of relevant papers1 books1 and documents2 and 7ii7 administer oaths4 7#b7 ,civil judicial penalties ,any person who violates any provision of this ,act1 or any regulation promulgated or permit issued under this ,act1 shall be subject to a civil penalty in an amount not to exceed #ejj for each such violation4 7b7 ,criminal offenses ,any person who knowingly violates any provision of this ,act1 or any regulation promulgated or permit issued under this ,act1 shall1 upon conviction1 be guilty of a class ,a misdemeanor4 7c7 ,natural resource damages ,all costs relating to the mitigation of injury caused by a violation of this ,act shall be borne by the person that violated this ,act4 7d7 ,enforcement 7#a7 ,other powers and authorities ,any person authorized by the ,secretary to enforce this ,act shall have the same authorities as are described in section #f of the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccge74 7#b7 ,forfeiture 7,a7 ,in general ,a person who is determined to have violated any provision of this ,act shall forfeit to the ,united ,states-- 7i7 any property1 real or personal1 taken or retained in connection with or as a result of the offense2 and 7ii7 any property1 real or personal1 used or intended to be used to commit or to facilitate the commission of the offense4 7,b7 ,disposal of property ,upon the forfeiture to the ,united ,states of any property or item described in clause 7i7 or 7ii7 of subparagraph 7,a71 or upon the abandonment or waiver of any claim to any such property or item1 the property or item shall be disposed of by the ,secretary in a manner consistent with the purpose of this ,act4 7e7 ,application of customs laws ,all powers1 rights1 and duties conferred or imposed by the customs laws upon any officer or employee of the ,customs ,service may1 for the purpose of this ,act1 be exercised or performed by the ,secretary1 or by such officers or employees of the ,united ,states as the ,secretary may designate4 #af4 ,injurious wildlife prevention fund 7a7 ,establishment ,there is established in the ,treasury of the ,united ,states a ,fund1 to be known as the ,injurious ,wildlife ,prevention ,fund1 to be administered by the ,secretary1 and to be available without fiscal year limitation and subject to appropriation1 for use in accordance with subsection 7c74 7b7 ,transfers to fund 7#a7 ,in general ,the ,fund shall consist of such amounts as are appropriated to the ,fund under paragraph 7#b74 7#b7 ,fees and penalties ,there are appropriated to the ,fund1 out of funds of the ,treasury not otherwise appropriated1 amounts equivalent to amounts collected-- 7,a7 as user fees and received in the ,treasury under section #ac7;a72 7,b7 as civil administrative or judicial penalties under section #ae2 and 7,c7 as a civil penalty for any violation of section #db of title #ah1 ,united ,states ,code 7including a regulation promulgated under that section74 7c7 ,use of funds 7#a7 ,in general ,of the amounts deposited in the ,fund for a fiscal year-- 7,a7 #ge percent shall be available to the ,secretary for use in carrying out this ,act 7other than paragraph 7#b772 and 7,b7 #be percent shall be used by the ,secretary to carry out paragraph 7#b74 7#b7 ,aid for state wildlife risk assessments 7,a7 ,in general ,the ,secretary shall establish a program to provide natural resource assistance grants to ,states for use in supporting best practices and capacity-building by ,states1 consistent with the purpose of this ,act1 for-- 7i7 inspecting and monitoring wildlife imports and interstate commerce2 and 7ii7 conducting assessments of risk associated with the intentional importation of nonnative wildlife taxa4 7,b7 ,administration ,the program under this paragraph shall be administered by the ,director under the ,federal ,aid to ,states program of the ,director4 7d7 ,prohibition ,amounts in the ,fund may not be made available for any purpose other than a purpose described in subsection 7c74 7e7 ,annual reports 7#a7 ,in general ,not later than #fj days after the end of each fiscal year beginning with fiscal year #bjad1 the ,secretary shall submit to the ,committee on ,appropriations of the ,house of ,representatives1 the ,committee on ,appropriations of the ,senate1 the ,committee on ,environment and ,public ,works of the ,senate1 and the ,committee on ,natural ,resources of the ,house of ,representatives a report on the operation of the ,fund during the fiscal year4 7#b7 ,contents ,each report shall include1 for the fiscal year covered by the report1 the following3 7,a7 ,a statement of the amounts deposited in the ,fund4 7,b7 ,a description of the expenditures made from the ,fund for the fiscal year1 including the purpose of the expenditures4 7,c7 ,recommendations for additional authorities to fulfill the purpose of the ,fund4 7,d7 ,a statement of the balance remaining in the ,fund at the end of the fiscal year4 7f7 ,separate ,appropriations account ,section #aaje7;a7 of title #ca1 ,united ,states ,code1 is amended-- 7#a7 by redesignating paragraphs 7#ce7 and 7#cf7 as paragraphs 7#cf7 and 7#cg71 respectively2 7#b7 by redesignating the second paragraph 7#cc7 7relating to obligational authority and outlays requested for homeland security7 as paragraph 7#ce72 and 7#c7 by adding at the end the following3 7#ch7 a separate statement for the ,injurious ,wildlife ,prevention ,fund established by section #af7;a7 of the ,invasive ,wildlife ,prevention ,act of #bjab1 which shall include the estimated amount of deposits in the ,fund1 obligations1 and outlays from the ,fund4 4 #ag4 ,relationship to other ,federal laws ,nothing in this ,act-- 7#a7 repeals1 supersedes1 or modifies any provision of-- 7,a7 the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bja et seq472 7,b7 the ,federal ,food1 ,drug1 and ,cosmetic ,act 7#ba ,u4,s4,c4 #cja et seq472 7,c7 the ,plant ,protection ,act 7#g ,u4,s4,c4 #ggja et seq472 or 7,d7 the ,animal ,health ,protection ,act 7#g ,u4,s4,c4 #hcja et seq472 or 7#b7 authorizes any action with respect to the importation of any plant pest1 including a biological control agent1 under the ,federal ,plant ,pest ,act 7#g ,u4,s4,c4 #aej;aa et seq471 to the extent that the importation is subject to regulation under that ,act4 #ah4 ,requirement to promulgate regulations ,in addition to regulations required under section #e and other provisions of this ,act1 the ,secretary shall promulgate such regulations as are necessary to carry out this ,act4