,,ii #aaeth ,,congress #b;d ,session ,s4 #cbaj ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,july #ab1 #bjah,mrs4 ,gillibrand introduced the following bill2 which was read twice and referred to the ,committee on ,environment and ,public ,works ,a ,,bill ,to establish an improved regulatory process to prevent the introduction and establishment in the ,united ,states of injurious wildlife4 #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 to prevent the introduction and establishment in the ,united ,states of any injurious wildlife that is likely to cause-- 7#a7 economic or environmental harm2 or 7#b7 harm to-- 7,a7 humans2 or 7,b7 animal health4 #c4 ,definitions ,in this ,act3 7#a7 ,approved wildlife sanctuary ,the term approved wildlife sanctuary means a sanctuary that-- 7,a7 provides care for wildlife species2 and 7,b7 is a corporation that-- 7i7 is-- 7,i7 exempt from taxation under section #eja7;a7 of the ,internal ,revenue ,code of #aihf2 and 7,,ii7 described in sections #eja7;c77#c7 and #agj7;b77#a77;,a77vi7 of that ,code2 7ii7 does not-- 7,i7 commercially trade in any animal regulated under this ,act1 including any offspring1 part1 or byproduct of any animal regulated under this ,act2 or 7,,ii7 propagate any animal regulated under this ,act2 and 7iii7 meets additional criteria1 as the ,director determines necessary and consistent with the purpose of this ,act4 7#b7 ,director ,the term ,director means the ,director of the ,united ,states ,fish and ,wildlife ,service4 7#c7 ,fund ,the term ,fund means the ,injurious ,wildlife ,prevention ,fund established under section #ac7;a74 7#d7 ,import ,the term import means to bring1 introduce1 or attempt to bring or introduce into any place that is subject to the jurisdiction of the ,united ,states1 notwithstanding the meaning of the term under the customs law of the ,united ,states4 7#e7 ,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 #ecjd74 7#f7 ,injurious wildlife taxon or taxa 7,a7 ,in general ,the term injurious wildlife taxon or taxa means any family1 genus1 species1 subspecies1 or hybrid of nonnative wildlife that is determined by the ,director to be injurious in the ,united ,states to-- 7i7 a human being2 7ii7 an interest of-- 7,i7 agriculture2 7,,ii7 horticulture2 or 7,,iii7 forestry2 or 7iii7 any wildlife or wildlife resources4 7,b7 ,inclusions ,the term injurious wildlife taxon or taxa includes any-- 7i7 wildlife specimen that represents a family1 genus1 species1 subspecies1 or hybrid described in subparagraph 7,a7 that is born or reared in-- 7,i7 captivity2 or 7,,ii7 the wild2 7ii7 viable egg1 sperm1 gamete1 or other reproductive material of a wildlife specimen described in clause 7i72 and 7iii7 offspring of a wildlife specimen described in that clause4 7,c7 ,exclusions ,the term injurious wildlife taxon or taxa does not include any-- 7i7 plant pest or biological control organism that is specifically defined or regulated under the ,plant ,protection ,act 7#g ,u4,s4,c4 #ggja et seq472 7ii7 pest that is 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 7iii7 common and clearly domesticated species or subspecies1 including-- 7,i7 the cat 7,felis catus72 7,,ii7 cattle or oxen 7,bos taurus72 7,,iii7 the chicken 7,gallus gallus domesticus72 7,,iv7 the common canary 7,serinus canaria domesticus72 7,v7 the dog 7,canis lupus familiaris72 7,,vi7 the donkey or ass 7,equus asinus72 7,,vii7 the goose 7,anser spp472 7,,viii7 the duck 7,anas spp472 7,,ix7 the ferret 7,mustela furo1 ,mustela putorius furo72 7,x7 the gerbil 7,meriones unguiculatus72 7,,xi7 the goat 7,capra aegagrus hircus72 7,,xii7 the guinea pig or ,cavy 7,cavia porcellus72 7,,xiii7 the goldfish 7,carassius auratus auratus72 7,,xiv7 hamsters of the species ,cricetulus griseus1 ,mesocricetus auratus1 ,phodopus campbelli1 ,phodopus sungorus1 and ,phodopus roborovskii2 7,,xv7 the horse 7,equus caballus72 7,,xvi7 the llama 7,lama glama72 7,,xvii7 the mule or hinny 7,equus caballus x ,e4 asinus72 7,,xviii7 the pig or hog 7,sus scrofa domestica72 7,,xix7 the sheep 7,ovis aries72 or 7,,xx7 any other common and clearly domesticated species or subspecies1 as determined by the ,director4 7#g7 ,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-- 7i7 the ,federal ,government2 7ii7 any ,indian tribe1 ,state1 municipality1 or political subdivision of a ,state2 or 7iii7 any foreign government2 or 7,c7 any other entity subject to the jurisdiction of the ,united ,states4 7#h7 ,qualified institution ,the term qualified institution means-- 7,a7 an institution that carries out a scientific1 zoological1 medical research1 or educational purpose1 as determined by the ,director2 or 7,b7 an approved wildlife sanctuary4 7#i7 ,secretary ,the term ,secretary means the ,secretary of the ,interior4 7#aj7 ,state ,the term ,state means-- 7,a7 a ,state2 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 ,united ,states ,virgin ,islands2 and 7,h7 any other territory or possession of the ,united ,states4 7#aa7 ,transport ,the term transport means-- 7,a7 to move2 7,b7 to convey2 7,c7 to carry2 7,d7 to ship by any means2 or 7,e7 to deliver or receive for the purpose of-- 7i7 movement2 7ii7 conveyance2 7iii7 carriage2 or 7iv7 shipment4 7#ab7 ,united ,states ,the term ,united ,states means-- 7,a7 all of the ,united ,states2 and 7,b7 any land or water1 including the territorial sea and the ,exclusive ,economic ,zone1 within the jurisdiction or sovereignty of the ,federal ,government4 7#ac7 ,wildlife ,the term wildlife means any member of the animal kingdom1 including any-- 7,a7 mammal2 7,b7 fish2 7,c7 bird2 7,d7 amphibian2 7,e7 reptile2 or 7,f7 invertebrate4 7#ad7 ,wildlife resources ,the term wildlife resources means any-- 7,a7 wildlife2 or 7,b7 type of aquatic or land vegetation on which any wildlife is dependent4 #d4 ,designation of injurious wildlife 7a7 ,designation ,the ,secretary1 acting through the ,director1 may by regulation designate any wildlife as an injurious wildlife taxon or taxa4 7b7 ,basis for designation 7#a7 ,scientific risk assessment ,in making a designation under subsection 7a71 the ,secretary1 acting through the ,director1 shall conduct a scientific risk assessment based on the best available science that includes consideration of-- 7,a7 the scientific name and native range of the wildlife2 7,b7 the likelihood and magnitude of the release or escape of the wildlife2 7,c7 whether the wildlife has established or spread1 or has the potential to establish or spread1 outside of the native range of the wildlife in a habitat similar to a habitat in the ,united ,states2 7,d7 whether the wildlife has caused1 or has the potential to cause1 harm in the ,united ,states to-- 7i7 a human being2 7ii7 an interest of-- 7,i7 agriculture2 7,,ii7 horticulture2 or 7,,iii7 forestry2 or 7iii7 any wildlife or wildlife resources2 7,e7 the potential impact of wildlife control or eradication measures for the wildlife on human beings1 agriculture1 horticulture1 forestry1 wildlife1 or wildlife resources in the ,united ,states2 and 7,f7 any other risk assessment factor1 as determined by the ,director in accordance with the purpose of this ,act4 7#b7 ,risk management determination ,in making a designation under subsection 7a71 the ,secretary1 acting through the ,director1 shall conduct a risk management determination that includes consideration of-- 7,a7 the results of the scientific risk assessment described in paragraph 7#a72 7,b7 the ability and effectiveness of measures-- 7i7 to prevent the release or escape of the wildlife2 7ii7 to manage and control the establishment and spread of the wildlife2 or 7iii7 to rehabilitate and recover ecosystems damaged by the wildlife2 and 7,c7 any other risk management factor1 as determined by the ,director in accordance with the purpose of this ,act4 7#c7 ,availability to the public ,the ,secretary1 acting through the ,director1 shall make available to the public the results of the assessments described in paragraphs 7#a7 and 7#b74 7c7 ,rulemaking for the designation of injurious wildlife taxon or taxa 7#a7 ,proposed rule ,for a proposal to designate any wildlife as an injurious wildlife taxon or taxa1 the ,director shall-- 7,a7 publish a proposed rule in the ,federal ,register and on a publicly accessible ,federal website2 7,b7 provide not fewer than #cj days for public comment2 and 7,c7 make available on a publicly accessible ,federal website the results of the scientific risk assessment and the risk management determination described in subsection 7b74 7#b7 ,petitions 7,a7 ,in general ,any interested person may submit to the ,director a petition to designate any wildlife as an injurious wildlife taxon or taxa4 7,b7 ,consideration of petition ,if the ,director determines that a petition described in subparagraph 7,a7 is complete and that the petition presents substantial evidence that the wildlife is an injurious wildlife taxon or taxa1 the ,director may-- 7i7 conduct a scientific risk assessment and a risk management determination under subsection 7b72 and 7ii7 propose a rule in accordance with paragraph 7#a74 7#c7 ,notice and consultation ,in considering a proposed designation of injurious wildlife taxon or taxa described in paragraph 7#a71 the ,secretary shall notify and consult with1 as appropriate-- 7,a7 any affected stakeholder1 including-- 7i7 a ,state2 7ii7 an ,indian tribe2 and 7iii7 a qualified institution2 7,b7 the ,aquatic ,nuisance ,species ,task ,force2 7,c7 the ,national ,invasive ,species ,council2 7,d7 the ,secretary of ,agriculture2 7,e7 the ,director of the ,centers for ,disease ,control and ,prevention2 and 7,f7 the ,administrator of the ,national ,oceanic and ,atmospheric ,administration4 7#d7 ,final determination ,not later than #ad months after the date on which a proposed rule described in paragraph 7#a7 is published1 the ,director shall publish-- 7,a7 a final rule in the ,federal ,register2 or 7,b7 a notice in the ,federal ,register that the proposed rule is withdrawn4 7d7 ,wildlife not in trade to the ,united ,states 7#a7 ,in general ,any wildlife shall be considered wildlife not in trade to the ,united ,states if the wildlife-- 7,a7 is not native to the ,united ,states2 and 7,b7 was not-- 7i7 as of the date of enactment of this ,act1 designated as an injurious wildlife taxon or taxa under subsection 7a72 or 7ii7 during the #a-year period ending on the date of enactment of this ,act1 widely-- 7,i7 imported into the ,united ,states2 or 7,,ii7 transported between ,states4 7#b7 ,regulations ,not later than #c years after the date of enactment of this ,act1 the ,director shall promulgate regulations that-- 7,a7 define the term wildlife not in trade to the ,united ,states for the purposes of this ,act2 and 7,b7 establish a process to ensure1 before the importation into the ,united ,states or transport between ,states of any wildlife not in trade to the ,united ,states1 that the wildlife is reviewed by the ,director to determine whether that wildlife should be designated as an injurious wildlife taxon or taxa under subsection 7a74 7e7 ,previously listed injurious species 7#a7 ,in general ,on the date of enactment of this ,act1 any wildlife designated as injurious by section #db7;a77#a7 of title #ah1 ,united ,states ,code1 including any designation made under that section 7as in effect on the day before the date of enactment of this ,act71 shall be designated as an injurious wildlife taxon or taxa under this ,act4 7#b7 ,applicability ,subsections 7a7 through 7d7 and section #eec of title #e1 ,united ,states ,code1 shall not apply to any designation1 or the publication of a designation1 described in paragraph 7#a74 7f7 ,emergency temporary designation 7#a7 ,in general ,the ,director may immediately and temporarily make an emergency temporary designation of any wildlife as an injurious wildlife taxon or taxa for any wildlife that poses an imminent threat in the ,united ,states to-- 7,a7 a human being2 7,b7 an interest of-- 7i7 agriculture2 7ii7 horticulture2 or 7iii7 forestry2 or 7,c7 any wildlife or wildlife resources4 7#b7 ,regulation 7,a7 ,in general ,in the case of an emergency temporary designation made under paragraph 7#a71 the ,director shall publish a regulation in the ,federal ,register that includes a detailed reason for which the emergency temporary designation is necessary4 7,b7 ,effective immediately ,a regulation described in subparagraph 7,a7 shall be effective immediately on the date of the publication of the regulation in the ,federal ,register4 7,c7 ,expiration ,a regulation promulgated under subparagraph 7,a7 shall cease to have force and effect not earlier than #a year after the date on which the regulation is published in the ,federal ,register4 7,d7 ,withdrawal ,the ,director shall withdraw a regulation issued under subparagraph 7,a7 if the ,director determines that the regulation is not necessary4 7,e7 ,applicability ,subsections 7b7 and 7c7 and section #eec of title #e1 ,united ,states ,code1 shall not apply to an emergency temporary designation issued under subparagraph 7,a74 7#c7 ,final determination ,not later than #a year after the date on which an emergency temporary designation is promulgated under paragraph 7#b71 the ,director shall make a final determination regarding whether the wildlife that is the subject of the emergency temporary designation should be designated as an injurious wildlife taxon or taxa under subsection 7a74 7#d7 ,request by a ,governor ,if the ,governor of a ,state requests an emergency temporary designation under paragraph 7#a71 the ,director-- 7,a7 shall respond promptly to the request in writing2 and 7,b7 may make an emergency temporary designation under that paragraph4 7g7 ,economic impact analyses ,notwithstanding chapter #f of title #e1 ,united ,states ,code1 and section #hjd of that title1 in carrying out the provisions of this section1 the ,secretary may forego economic impact analyses4 #e4 ,report on collection of information on imported wildlife ,not later than #ah months after the date of enactment of this ,act1 the ,secretary1 in consultation with the ,secretary of ,homeland ,security1 shall provide to the ,committee on ,environment and ,public ,works of the ,senate and the ,committee on ,natural ,resources of the ,house of ,representatives a report that describes the status of measures-- 7#a7 to coordinate the collection and management of data on imported wildlife2 and 7#b7 to establish an electronic database that readily identifies1 using scientific names to the species level 7or subspecies level1 if applicable7-- 7,a7 imports of all live wildlife2 and 7,b7 whether that wildlife species 7or subspecies7 has been designated as an injurious wildlife taxon or taxa4 #f4 ,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 ,the ,secretary shall promulgate regulations-- 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 import restrictions1 including management measures1 health certifications1 quarantine requirements1 specifications for conveyances1 holding water1 and associated materials1 shipment and handling requirements1 and any other measure that the ,secretary determines to be necessary-- 7,a7 to prevent the importation of1 and interstate commerce in1 wildlife pathogens and harmful parasites of native and nonnative wildlife2 and 7,b7 to address-- 7i7 a particular injurious wildlife taxon2 7ii7 the place of origin of a particular injurious wildlife taxon2 and 7iii7 the conveyance and materials associated with wildlife transport4 7c7 ,relationship to other authorities 7#a7 ,in general ,subject to 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 ,secretary 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 ,secretary 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 ,secretary 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 ,notwithstanding paragraph 7#a71 the ,secretary may regulate a pathogen1 parasite1 or host taxon described in that paragraph if the pathogen1 parasite1 or host taxon poses a wildlife disease risk4 7d7 ,coordination 7#a7 ,in general ,in carrying out this section1 the ,secretary shall consult and coordinate with-- 7,a7 the heads of other ,federal agencies and departments that regulate injurious wildlife taxa2 7,b7 the heads of ,state wildlife agencies2 7,c7 ,state veterinarians2 and 7,d7 other officials with related authorities4 7#b7 ,consultation by ,secretary of ,agriculture ,if 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 matter relating to the prevention of wildlife diseases that may threaten the ,united ,states4 #g4 ,prohibitions 7a7 ,in general ,subject to subsection 7b7 and section #h1 it is unlawful for any person subject to the jurisdiction of the ,united ,states-- 7#a7 to import into the ,united ,states or transport between ,states any wildlife designated as an injurious wildlife taxon or taxa2 7#b7 to possess any wildlife designated as an injurious wildlife taxon or taxa1 or a descendant of that wildlife1 that was imported or transported in violation of this ,act2 7#c7 to import into the ,united ,states or transport between ,states any wildlife not in trade to the ,united ,states2 7#d7 to possess any wildlife not in trade to the ,united ,states1 or a descendant of that wildlife1 that was imported or transported in violation of this ,act2 7#e7 to violate any term or condition of a permit issued to a qualified institution under section #h2 7#f7 to release into the wild any wildlife-- 7,a7 designated as an injurious wildlife taxon or taxa2 or 7,b7 not in trade to the ,united ,states2 or 7#g7 to attempt any of the prohibited actions described in paragraphs 7#a7 through 7#f74 7b7 ,limitation on application 7#a7 ,in general ,the prohibitions described in subsection 7a7 shall not apply to any action carried out by a ,federal1 ,state1 or ,tribal government official-- 7,a7 to enforce any of those prohibitions2 or 7,b7 to prevent the introduction or establishment of any wildlife designated as an injurious wildlife taxon or taxa or any wildlife not in trade to the ,united ,states1 including any action to transport or possess 7including holding and sheltering7 that wildlife4 7#b7 ,wildlife in possession of a ,federal agency ,nothing in this ,act restricts the importation or transport between ,states of an injurious wildlife taxon or taxa or any wildlife not in trade by a ,federal agency for the use of the ,federal agency if the wildlife remains in the possession of the ,federal agency4 7#c7 ,dead natural history specimens ,nothing in this ,act restricts the importation of a dead natural history specimen for a museum or scientific collection if the dead natural history specimen is properly preserved in a manner that minimizes1 to the maximum extent practicable1 the risk of exposure from any harmful wildlife pathogen or parasite4 #h4 ,permits 7a7 ,in general ,the ,director may issue to a qualified institution a permit that authorizes the import into the ,united ,states or transport between ,states of wildlife designated as an injurious wildlife taxon or taxa for scientific1 zoological1 medical research1 or educational purposes if the ,director finds that qualified institution properly demonstrates-- 7#a7 responsibility2 and 7#b7 continued protection of-- 7,a7 human beings2 7,b7 the interests of-- 7i7 agriculture2 7ii7 horticulture2 and 7iii7 forestry2 and 7,c7 wildlife and wildlife resources4 7b7 ,multi-,year permit ,at the request of the qualified institution1 a permit issued under subsection 7a7 shall be a multi-year permit of not more than #c years if the permit is for a zoological1 public display1 conservation1 or educational outreach purpose4 7c7 ,terms and conditions ,the ,director may include in a permit issued under subsection 7a7 any terms and conditions designed to minimize the risk of introduction1 establishment1 and transport between ,states of any wildlife designated as an injurious wildlife taxon or taxa1 as determined by the ,director4 7d7 ,termination ,the ,director shall immediately terminate a permit issued under this section if the ,director determines that the holder of a multi-year permit issued under this section does not meet-- 7#a7 the definition of a qualified institution2 or 7#b7 the requirements of subsection 7a74 7e7 ,recordkeeping and reporting 7#a7 ,recordkeeping ,a qualified institution that is issued a permit under subsection 7a7 shall maintain records1 subject to annual inspection by the ,director1 of the importation into the ,united ,states1 transportation between ,states1 possession1 or breeding of any wildlife designated as an injurious wildlife taxon or taxa4 7#b7 ,report ,not later than ,march #a of the first calendar year beginning after the date on which a permit is issued under subsection 7a71 and each ,march #a thereafter for the duration of the permit1 each qualified institution shall submit to the ,director a report on the importation1 interstate transport1 possession1 or breeding by the qualified institution of any wildlife designated as an injurious wildlife taxon or taxa during the preceding calendar year4 7f7 ,regulations2 list of qualified institutions ,the ,director shall-- 7#a7 promulgate regulations to implement this section2 and 7#b7 maintain a current roster of qualified institutions on a publicly available ,federal website and through other appropriate means1 as determined by the ,director4 7g7 ,streamlining permit applications ,the ,director may develop and implement an electronic system for the submission of permit applications under this section4 #i4 ,fees for live wildlife shipment 7a7 ,definition of live wildlife shipment ,in this section1 the term live wildlife shipment does not include a shipment made by a qualified institution for scientific1 zoological1 medical research1 or educational purposes4 7b7 ,reasonable user fee ,not later than #b years after the date of enactment of this ,act1 the ,director shall propose and adopt by regulation a reasonable fee to be charged on any imported live wildlife shipment for use in recovering a portion of the costs of-- 7#a7 improving the information available on the importation into the ,united ,states and transport between ,states of wildlife2 7#b7 monitoring the import information described in section #e2 7#c7 conducting scientific risk assessments and risk management determinations for wildlife taxa under section #d7;b72 7#d7 making emergency temporary designations under section #d7;f72 and 7#e7 developing and implementing an electronic system for streamlining the submission of permit applications in accordance with section #h7;g74 7c7 ,cost recovery purpose ,the purpose of the user fee described in subsection 7b7 is to recover approximately #ge percent of the costs to the ,director for the services listed in that subsection after-- 7#a7 the date on which the user fee regulation described in that subsection is fully implemented2 and 7#b7 the amounts of the user fees received have been appropriated to the ,fund established in section #ac7;a7 for not less than #a full fiscal year4 7d7 ,fee limit 7#a7 ,in general ,the amount of the user fee under this section shall be-- 7,a7 set by the ,director only after considering public comments on the proposed user fee regulation2 and 7,b7 charged-- 7i7 broadly and fairly across the live wildlife import industry2 and 7ii7 at the lowest level practicable to achieve the cost recovery purpose described in subsection 7c74 7#b7 ,annual total fee revenue ,in setting the user fee under this section1 the ,director shall seek to set a user fee amount that ensures that the annual total user fee revenue is not more than the amount of the annual total fee revenue of the fees 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 and 7,b7 subpart ,i of part #ad of title #ej1 ,code of ,federal ,regulations 7or successor regulations74 7e7 ,separation from other fees ,the ,secretary shall keep the user fees collected in accordance with this section separate from any other fees that the ,secretary collects for any other law enforcement or inspection activity4 #aj4 ,penalties and sanctions 7a7 ,enforcement ,the ,secretary and the ,secretary of ,homeland ,security-- 7#a7 shall enforce the provisions of this ,act1 including any regulations or permits issued under this ,act2 and 7#b7 may require the furnishing of an appropriate bond1 if desirable to ensure compliance with those provisions4 7b7 ,authorization by the ,secretary ,any person authorized by the ,secretary to enforce this ,act shall have the authorities described in section #f7;b7 of the ,lacey ,act ,amendments of #aiha 7#af ,u4,s4,c4 #ccge7;b774 7c7 ,civil penalties 7#a7 ,in general ,subject to paragraph 7#b71 any person who violates any provision of this ,act1 any permit issued under this ,act1 or a regulation issued under this ,act may be assessed a civil penalty by the ,secretary of not more than #aj1jjj for each violation4 7#b7 ,notice and opportunity for a hearing 7,a7 ,in general ,no civil penalty may be assessed under this subsection for a violation under this ,act unless a person described in paragraph 7#a7 is given notice and opportunity for a hearing with respect to the violation4 7,b7 ,hearing 7i7 ,in general ,a hearing described in subparagraph 7,a7 shall be conducted in accordance with section #eed of title #e1 ,united ,states ,code4 7ii7 ,subpoena ,the ,secretary may1 for any hearing under this paragraph-- 7,i7 issue a subpoena for-- 7aa7 the attendance or testimony of a witness2 or 7bb7 the production of relevant papers1 books1 or documents2 and 7,,ii7 administer an oath4 7iii7 ,fees and mileage ,any witness summoned under clause 7ii7 shall be paid the same fees and mileage that are paid to a witness in a court of the ,united ,states4 7iv7 ,contumacy or failure to obey a subpoena 7,i7 ,in general ,in the case of contumacy or failure to obey a subpoena issued under clause 7ii71 the district court of the ,united ,states for the district in which the subpoenaed person is found1 resides1 or transacts business1 on application by the ,united ,states and after notice to the subpoenaed person1 may issue an order requiring the person-- 7aa7 to appear and give testimony before the ,secretary2 or 7bb7 to appear and produce documentary evidence before the ,secretary4 7,,ii7 ,failure to obey order ,any failure to obey an order issued under subclause 7,i7 may be punished by the court described in that subclause as contempt of that court4 7#c7 ,separate offense ,each violation under this ,act shall be a separate offense4 7#d7 ,remission or mitigation ,the ,secretary may remit or mitigate any civil penalty assessed under this subsection4 7#e7 ,failure to pay 7,a7 ,in general ,if a person assessed a civil penalty under paragraph 7#a7 fails to pay the civil penalty1 the ,secretary may request that the ,attorney ,general institute a civil action to collect the penalty in a district court of the ,united ,states for any district in which the person is found1 resides1 or transacts business1 and that court shall have jurisdiction to hear and decide the action4 7,b7 ,record2 substantial evidence ,the court described in subparagraph 7,a7 shall-- 7i7 hear the action described in that subparagraph on the record made before the ,secretary in a hearing under paragraph 7#b77;,b72 and 7ii7 sustain the decision of the ,secretary if that decision is supported by substantial evidence in the record1 considered as a whole4 7d7 ,criminal offenses ,any person who knowingly violates any provision of this ,act1 any permit issued under this ,act1 or a regulation issued under this ,act shall be guilty of a class ,a misdemeanor4 7e7 ,natural resource damages ,any costs relating to the mitigation of injury caused by a violation of this ,act shall be borne by the person who violated this ,act4 7f7 ,forfeiture 7#a7 ,in general 7,a7 ,wildlife ,any wildlife that is imported1 transported1 possessed1 or released into the wild in violation of this ,act or a permit or regulation issued under this ,act1 or any wildlife that any person has attempted to import1 transport1 possess1 or release into the wild in violation of this ,act or a permit or regulation issued under this ,act1 shall be promptly exported or destroyed at the expense of the importer1 consignee1 or recipient4 7,b7 ,equipment ,any vessel1 vehicle1 aircraft1 or other equipment used to aid in the importing1 transporting1 possessing1 or releasing into the wild1 or in the attempt to import1 transport1 possess1 or release into the wild1 of wildlife in a criminal violation of this ,act shall be subject to forfeiture to the ,united ,states if the owner of the vessel1 vehicle1 aircraft1 or equipment was1 at the time of the alleged illegal act1 a consenting party or privy to the alleged illegal act or in the exercise of due care should have known that the vessel1 vehicle1 aircraft1 or equipment would be used in a criminal violation of this ,act4 7#b7 ,application of customs law 7,a7 ,in general ,subject to subparagraph 7,b71 all provisions of law relating to the seizure1 forfeiture1 and condemnation of property for violation of customs law1 the disposition of that property or the proceeds from the sale of that property1 and the remission or mitigation of that forfeiture1 shall apply to the seizures and forfeitures incurred1 or alleged to have been incurred1 under this ,act if those provisions of law are not inconsistent with this ,act4 7,b7 ,exception ,any power1 right1 or duty conferred or imposed by customs law on any officer or employee of the ,department of ,homeland ,security may1 for the purposes of this ,act1 be exercised or performed by the ,secretary1 or by such persons as the ,secretary may designate1 only if a warrant for the search or seizure is issued in accordance with ,rule #da of the ,federal ,rules of ,criminal ,procedure4 7#c7 ,storage cost ,any person convicted of an offense or assessed a civil penalty under this ,act shall be liable for the costs incurred in the storage1 care1 and maintenance of any wildlife seized in connection with the applicable violation4 7#d7 ,civil forfeiture ,a civil forfeiture under this section shall be governed by chapter #df of title #ah1 ,united ,states ,code4 #aa4 ,relationship to state and ,federal law 7a7 ,relationship to state law ,nothing in this ,act prevents a ,state or ,indian tribe from making or enforcing a law or regulation that is consistent with this ,act4 7b7 ,repeal 7#a7 ,in general ,section #db of title #ah1 ,united ,states ,code1 is amended-- 7,a7 by striking 7a77#a7 ,the and all that follows through 7c7 ,the ,secretary and inserting ,the ,secretary2 and 7,b7 by striking this subsection each place it appears and inserting this section4 7#b7 ,effect ,the amendment made by paragraph 7#a7 shall not affect any right or duty that matured1 any penalty that was incurred1 or any proceeding begun1 under subsection 7a7 or 7b7 of section #db of title #ah1 ,united ,states ,code 7as in effect on the day before the date of enactment of this ,act71 before the date of enactment of this ,act4 7c7 ,relationship to other federal laws ,nothing in this ,act-- 7#a7 repeals1 supersedes1 or modifies-- 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 7,d7 the ,animal ,health ,protection ,act 7#g ,u4,s4,c4 #hcja et seq472 7,e7 the ,animal ,welfare ,act 7#g ,u4,s4,c4 #baca et seq472 7,f7 the ,endangered ,species ,act of #aigc 7#af ,u4,s4,c4 #aeca et seq472 7,g7 any other provision of ,federal law other than the provision described in subsection 7b72 or 7,h7 any right1 privilege1 or immunity granted1 reserved1 or established pursuant to a treaty1 statute1 or an ,executive order relating to any ,indian tribe2 7#b7 enlarges or diminishes the authority of any ,state or ,indian tribe to regulate the activities of any person on an ,indian reservation2 or 7#c7 authorizes any action with respect to the importation of any plant pest1 including any biological control agent1 under the ,plant ,protection ,act 7#g ,u4,s4,c4 #ggja et seq47 to the extent that the importation of the plant pest1 including a biological control agent1 is subject to regulation under that ,act4 #ab4 ,requirement to promulgate regulations ,the ,secretary-- 7#a7 shall promulgate the regulations required by this ,act2 and 7#b7 may promulgate other such regulations as are necessary to carry out this ,act4 #ac4 ,establishment of funds and authorization of appropriations 7a7 ,injurious ,wildlife ,prevention ,fund 7#a7 ,establishment ,the ,secretary of the ,treasury shall establish in the ,treasury of the ,united ,states a fund1 to be known as the ,injurious ,wildlife ,prevention ,fund4 7#b7 ,deposits ,beginning with the first fiscal year beginning after the date of enactment of this ,act1 and for each fiscal year thereafter1 the ,secretary and the ,secretary of the ,treasury shall deposit in the ,fund all revenues received by the ,secretary and the ,secretary of the ,treasury from user fees under section #i and civil and criminal penalties under section #aj4 7#c7 ,administration ,the ,secretary shall administer the ,fund4 7#d7 ,obligations 7,a7 ,in general ,the ,secretary and the ,director1 as appropriate1 may obligate amounts in the ,fund to carry out this ,act1 without further appropriation4 7,b7 ,availability ,amounts available for obligation under this section shall remain available without fiscal year limitation4 7b7 ,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 ,director to carry out paragraph 7#b74 7#b7 ,natural resource assistance grants 7,a7 ,in general ,the ,secretary shall establish a program to make natural resource assistance grants to ,states and ,indian tribes for use in supporting best practices and capacity building by ,states and ,indian tribes1 consistent with the purposes of this ,act1 for-- 7i7 inspecting and monitoring interstate transport of wildlife between ,states2 and 7ii7 conducting assessments of risk associated with the intentional importation of any wildlife4 7,b7 ,funding ,of the amounts described in paragraph 7#a77;,b71 #aj percent shall be available to the ,director for the implementation of the program established under subparagraph 7,a74 7c7 ,prohibition ,amounts in the ,fund may not be made available for any purpose other than a purpose described in subsection 7b74 7d7 ,annual reports 7#a7 ,in general ,not later than #fj days after the end of each fiscal year beginning with fiscal year #bjai1 the ,director shall submit to the ,committees on ,appropriations and ,environment and ,public ,works of the ,senate and the ,committees on ,appropriations and ,natural ,resources of the ,house of ,representatives a report that describes the operation of the ,fund during the preceding fiscal year4 7#b7 ,contents ,a report described in paragraph 7#a7 shall include1 for the fiscal year covered by the report-- 7,a7 a statement of the amounts deposited in the ,fund2 7,b7 a description of any expenditure made from the ,fund for the fiscal year1 including the purpose of the expenditure2 7,c7 a recommendation for any additional authority to fulfill the purpose of the ,fund2 and 7,d7 a statement of the balance remaining in the ,fund at the end of the fiscal year4 7e7 ,separate appropriations account ,section #aaje7;a7 of title #ca1 ,united ,states ,code1 is amended by adding at the end the following3 7#dj7 a separate statement for the ,injurious ,wildlife ,prevention ,fund established under section #ac7;a7 of the ,invasive ,fish and ,wildlife ,prevention ,act1 that includes the estimated amount of deposits in the ,fund1 obligations1 and outlays from the ,fund4 4 7f7 ,authorization of appropriations ,there are authorized to be appropriated to carry out this ,act such sums as may be necessary1 to remain available until expended4 #ad4 ,severability ,if any provision of this ,act1 an amendment made by this ,act1 or the application of such a provision or amendment to any person or circumstance is held to be unconstitutional1 the remainder of this ,act and the amendments made by this ,act1 and the application of the provision or amendment to any other person or circumstance1 shall not be affected4