Action Alert: Lacey Act Amendments of 2023 to the House

Courtesy of NAA:
Rep. Anna Paulina Luna (R-FL-13) has asked House Republicans to join her in sponsoring a House companion bill to Senator Marco Rubio’s S.1614 Lacey Act Amendments of 2023.
 
The National Aquaculture Association strongly recommends:

1. Contacting Congresswoman Luna’s Legislative Director Alexandra Webb ([email protected]) to ask them not to introduce a House companion bill.
2. Contacting your Republican House member to ask they not co-sponsor the introduction.

What is up with S. 1614? 
S. 1614 Lacey Act Amendments of 2023 is not needed and will create requirements for the U.S. Fish and Wildlife Service that they cannot accomplish. The current Lacey Act provides the authorization to prevent the importation and interstate movement of invasive species. The goals of Lacey Act Amendments of 2023 are achieved through existing authorities provided by the Act:

• Tribes and states regulate or restrict nonnative species. Under the Lacey Act it is unlawful to import, export, sell, acquire, or purchase fish, wildlife or plants that are taken, possessed, transported, or sold: 1) in violation of federal, state, or tribal law, or 2) in interstate or foreign commerce involving any fish, wildlife, or plants taken possessed or sold in violation of State or foreign law. The 50 sovereign states and tribes currently prohibit or restrict species as appropriate to their jurisdictions.

• For 120 years the Lacey Act has provided the Secretary of Agriculture, and now the Secretary of Interior, with the power to ban importation of animals “injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States.” Recent analysis points to this successful use of import prohibitions by the Department of the Interior.

Regulating Interstate Trade
We oppose the S. 1614 for empowering the Secretary of Interior (Secretary) to prohibit the interstate movement of nonnative or native animals within the continental United States. This provision does not provide any flexibility for the Secretary to allow interstate trade of species in regions of the country where these animals pose little to no risk. The proposed federal prohibition in S. 1614 is a blanket prohibition nationwide.
 
Emergency Rule
We oppose S. 1614 for empowering the Secretary to list a species under emergency rule for a three-year period without due process involving advance notice, opportunity to comment, public hearings, etc.
 
Presumptive Prohibition on Importation
We oppose S. 1614 for empowering the Secretary to create, with public comment, an approved list of species for importation. Approved lists, commonly known as “White Lists,” are unusual for the federal government as a regulatory body or signatory or participant to international agreements and organizations predicated on prohibiting or restricting species trade for at-risk animals.

• A White List may be challenged by World Trade Organization members.

• A White List will increase the numbers of individual animal identifications by 28 times the current responsibility of inadequately staffed ports of entry inspection personnel.
• The responsibility placed upon the Secretary’s port and border crossing inspectors to rapidly and accurately distinguish the currently required 785 Lacey Act Injurious Wildlife species, 693 Endangered Species Act listed species, 6,006 CITES listed speciesand the 204,614 species potentially required by S. 1614 will overwhelm port facility ability to provide for animal care and welfare.

We recommend the Lacey Act can be improved by:

• Adopting the unbiased, science-based risk analysis process described in Science and Decisions: Advancing Risk Assessmentpublished by the National Research Council.
• Publicly posting and maintaining in real-time tribal, state, and federal nonnative species regulations so that the public (domestic owners and producers and foreign visitors and importers) could be informed as to these current and ever-changing regulations.
• Provide funding to the states, tribes, territories, and possessions to improve their risk analysis capabilities and capacities to refine their restrictions or prohibitions.

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To answer questions or to receive an in-depth analysis of S. 1614, Lacey Act Amendments of 2023, please contact the NAA Office at [email protected].