Sec. 4. Designation of injurious wildlife
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The Secretary, acting through the Director, may by regulation designate any wildlife as an injurious wildlife taxon or taxa. In making a designation under subsection (a), the Secretary, acting through the Director, shall conduct a scientific risk assessment based on the best available science that includes consideration of— the scientific name and native range of the wildlife; the likelihood and magnitude of the release or escape of the wildlife; whether the wildlife has established or spread, or has the potential to establish or spread, outside of the native range of the wildlife in a habitat similar to a habitat in the United States; or whether the wildlife has caused, or has the potential to cause, harm in the United States to— a human being; an interest of— agriculture; horticulture; or forestry; or any wildlife or wildlife resources; the potential impact of wildlife control or eradication measures for the wildlife on human beings, agriculture, horticulture, forestry, wildlife, or wildlife resources in the United States; and any other risk assessment factor, as determined by the Director in accordance with the purpose of this Act.
In making a designation under subsection (a), the Secretary, acting through the Director, shall conduct a risk management determination that includes consideration of— the results of the scientific risk assessment under paragraph (1); the ability and effectiveness of measures— to prevent the release or escape of the wildlife; to manage and control the establishment and spread of the wildlife; or to rehabilitate and recover ecosystems damaged by the wildlife; and any other risk management factor, as determined by the Director in accordance with the purpose of this Act.
The Secretary, acting through the Director, shall make available to the public the results of the assessment under paragraph
(1)and determination under (2). For a proposal to designate any wildlife as an injurious wildlife taxon or taxa, the Director shall— publish a proposed rule in the Federal Register and on a publicly accessible Federal website; provide not fewer than 30 days for public comment; and make available on a publicly accessible Federal website the results of the scientific risk assessment and the risk management determination described in subsection (b). Any interested person may submit to the Director a petition to designate any wildlife as an injurious wildlife taxon or taxa. If the Director determines that a petition described in subparagraph
(A)is complete and that the petition presents substantial evidence that the wildlife is an injurious wildlife taxon or taxa, the Director may— conduct a scientific risk assessment and a risk management determination under subsection (b); and propose a rule in accordance with paragraph (1). In considering a proposed designation of injurious wildlife taxon or taxa described in paragraph (1), the Secretary shall notify and consult with, as appropriate— any affected stakeholder, including— a State; an Indian tribe; and a qualified institution; the Aquatic Nuisance Species Task Force; the National Invasive Species Council; the Secretary of the Department of Agriculture; the Director of the Centers for Disease Control and Prevention; and the Administrator of the National Oceanic and Atmospheric Administration. Not later than 14 months after the date on which a proposed rule described in paragraph
(1)is published, the Director shall publish— a final rule in the Federal Register; or a notice in the Federal Register that the proposed rule is withdrawn. Any wildlife shall be considered wildlife not in trade to the United States if the wildlife— is not native to the United States; and was not— as of the date of enactment of this Act, designated as an injurious wildlife taxon or taxa under subsection (a); or during the 1-year period ending on the date of enactment of this Act, widely— imported into the United States; or transported between States. Not later than 3 years after the date of enactment of this Act, the Director shall promulgate regulations that— define the term wildlife not in trade to the United States for the purposes of this Act; and establish a process to ensure, before the importation into the United States or transport between States of any wildlife not in trade to the United States, that wildlife is reviewed by the Director to determine whether that wildlife should be designated as an injurious wildlife taxon or taxa under subsection (a). On the date of enactment of this Act, any wildlife designated as injurious by section 42(a) of title 18, United States Code, including any designation made under that section (as in effect on the day before the date of enactment of this Act), shall be designated as an injurious wildlife taxon or taxa under this Act. Subsections
(a)through
(d)and section 553 of title 5, United States Code, shall not apply to any designation, or the publication of a designation, described in paragraph (1). 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— a human being; an interest of— agriculture; horticulture; or forestry; or any wildlife or wildlife resources. In the case of an emergency temporary designation made under paragraph (1), the Director shall publish a regulation in the Federal Register that includes a detailed reason for which the emergency temporary designation is necessary. A regulation described in subparagraph
(A)shall be effective immediately on the date of the publication of the regulation in the Federal Register. A regulation promulgated under subparagraph
(A)shall cease to have force and effect not earlier than 1 year after the date on which the regulation is published in the Federal Register. The Director shall withdraw a regulation issued under subparagraph
(A)if the Director determines that the regulation is not necessary. Subsections
(b)and
(c)and section 553 of title 5, United States Code, shall not apply to an emergency temporary designation issued under subparagraph (A). Not later than 1 year after the date on which an emergency temporary designation is promulgated under paragraph (2), 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 (a). If the Governor of a State requests an emergency temporary designation under paragraph (1), the Director— shall respond promptly to the request in writing; and may make an emergency temporary designation under that paragraph. Notwithstanding chapter 6 of title 5, United States Code, and section 804 of that title, in carrying out the provisions of this section, the Secretary may forego economic impact analyses.