AMERICA competes act of 2022

Lacey Act Amendments


HR 4521


SPONSOR: Rep. Eddie Bernice Johnson
CO-SPONSORS:
101 (as of 11/27/22)

STATUS:

  • Passed House 2/4 with Lacey Act amendments
  • Passed Senate 3/28 with amendment removing them
  • conference committee called



SPECIES AFFECTED: Non-native species AND injurious species


SECTORS AFFECTED
: Importers, Intrastate Transporters

CLASSIFICATION: Ban – Interstate Transport & US Import

DETAILS:

  1. Adds ban on interstate transport of injurious species 
  2. Allows the Secretary of the Interior to issue emergency designation to prohibit import of any species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, or reptiles, or their offspring or eggs as injurious to human beings, agriculture, horticulture, forestry, or wildlife or US wildlife resources for up to 3 years if imminent threat to such entities – effective immediately after publication in register or within 60 days if otherwise prescribed
  3. Requires Secretary of the Interior to evaluate whether a species under the emergency designation in #2 should be designated as injurious
  4. Adds presumptive ban on import into the US of any species of non-native wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, or reptiles, or their offspring or eggs except when during the year before the effective dates more than minimal quantities (defined in rules later) were imported into the US or transported between states, D.C., Puerto Rico or US territories OR the Secretary of Interior after public comment determines a species to not be serious risk of invasiveness to the US and publishes notice in Federal Register
  5. Amends Lacey Act Amendments of 1981 to add a provision for subpoenas relating to interstate and foreign commerce of wildlife


EXEMPTIONS: None


GRANDFATHERING: None

ENFORCING AGENCY: US Fish & Wildlife Service

SEIZURE & FORFEITURE: Animals must be exported or destroyed

PENALTIES: Same as Lacey Act


EFFECTIVE DATE: 1 year after enactment



 UAPPEAL Background on Bill: 


In April 2022, UAPPEAL sent a letter to the Senate conferees requesting that they strike the Lacey Act provisions from the bill.