Sec. 5. Scientific risk assessment and risk determination regulations
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/bill/113/hr/996/ih/section-5A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary, acting through the Director, shall promulgate regulations— to further specify the criteria for regulating a nonnative wildlife taxon as— an Injurious I taxon, which shall be a taxon— that the Director determines— to be injurious to human beings, the interests of agriculture, horticulture, or forestry, or wildlife or wildlife resources of the United States; and 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 releases; and except as provided in section 12, the importation and transportation of which in interstate commerce shall be conducted only pursuant to a permit issued under section 12 to a qualified institution; or an Injurious II taxon, which shall be a taxon— that the Director determines— to be injurious to human beings, the interests of agriculture, horticulture, or forestry, or wildlife or wildlife resources of the United States; but 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 releases; and for which no permit is required if the taxon is— imported to a qualified institution; transported in interstate commerce and intrastate commerce to and among qualified institutions; or held by a qualified institution; to establish a process for assessing and analyzing the risks of taxa that may have been, or foreseeably could be, imported into, or found in interstate commerce within, the United States; and 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 risks.
The Director shall— ensure that the risk assessment and risk determination processes conducted under this section are based on sound science; and make the results of each such assessment and determination available to the public. Each wildlife taxon previously designated by statute or by the Secretary as injurious under section 42(a) of title 18, United States Code (including under any regulation promulgated under that authority), shall, after the effective date of the final regulations promulgated under this subsection, be promptly designated by the Director as an Injurious I taxon or Injurious II taxon under this subsection, based on a determination by the Director of whether the taxon meets the criteria described in clause
(i)or (ii), respectively, of paragraph (1)(A). Not later than 1 year after the date of enactment of this Act, the Secretary shall publish in the Federal Register a proposed version of the regulations required under this subsection. Not later than 18 months after the date of enactment of this Act, the Secretary shall promulgate final regulations required under this subsection, including a public notification of the process for submission of a proposal under section 4(a). Not later than 3 years after the date of enactment of this Act, the Secretary shall by regulation— define the phrase non-native wildlife taxa novel to the United States for the purpose of this section; and 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
(i)or
(ii)of paragraph (1)(A). In promulgating the regulation under clause (i), the Secretary shall seek to avoid creating a new incentive for animal importers to import novel taxa prior to the effective date of the regulation. Not later than 1 year after the date of promulgation of the regulation under clause (i), the Secretary shall implement the regulation. The regulations promulgated under subsection
(a)shall require consideration, in an initial scientific risk assessment of a taxon, of at least— the scientific name and native range of the taxon; whether the taxon has established or spread, or caused harm to the economy, the environment, or the health of other animal species in the United States or in an ecosystem similar to an ecosystem in the United States; whether environmental conditions suitable for the establishment or spread of the taxon exist or will exist in the United States; the likelihood of establishment and spread of the taxon; whether the taxon will cause harm to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States; whether the taxon will damage land, water, or facilities of the National Park System or other public land; the best available scientific risk screening systems or predictive models that apply to the taxon; and other factors important to assessing risks, if any, associated with the taxon, in accordance with the purpose of this Act. Prior to designating any nonnative wildlife taxon as an Injurious I taxon or Injurious II taxon under subsection (a), after conducting a risk assessment, the Director shall prepare a risk determination that takes into consideration— the results of the risk assessment; and at a minimum— the capabilities and any efforts of States, local governments, and Indian tribes to address the risks, if any, identified by the Director with respect to the taxon, including the results of any risk assessments conducted for the taxon that are available to the Director; the potential for reduction, mitigation, control, and management of any risks identified; and whether any risks identified already are adequately addressed under other applicable law. In preparing the risk determination for a taxon, the Director may consider the economic, social, and cultural impacts of a decision on whether to regulate the taxon. This section shall satisfy the requirements of, and apply in lieu of any other requirement to complete an analysis under, any other law (including a regulation or Executive order) on economic, social, or cultural impact. In promulgating regulations under subsection (a), the Director shall notify and consult with, at a minimum— affected States, Indian tribes, qualified institutions, and other stakeholders; the Aquatic Nuisance Species Task Force; the National Invasive Species Council; the Department of Agriculture; the Centers for Disease Control and Prevention; and the National Oceanic and Atmospheric Administration.