The Lacey Act (pdf) is a law that dates back to 1900 and is one of the oldest wildlife-related laws on the books. Under the Lacey Act (18 U.S.C. 42), the Secretary of the Interior is authorized to regulate the importation and transport of species, including offspring and eggs, determined to be injurious to the health and welfare of humans, the interests of agriculture, horticulture or forestry, and the welfare and survival of wildlife resources of the U.S. Wild mammals, wild birds, fish, mollusks, crustaceans, amphibians, and reptiles are the only organisms that can be added to the injurious wildlife list.
Species listed as injurious may not be imported or transported between States, the District of Columbia, the Commonwealth of Puerto Rico, or any territory or possession of the U.S. by any means without a permit issued by the Service. Permits may be granted for the importation or transportation of live specimens of injurious wildlife and their offspring or eggs for bona fide scientific, medical, educational, or zoological purposes. The permit application form for import, acquisition, and transport of injurious wildlife can be found at http://www.fws.gov/forms/3-200-42.pdf . For questions about these permits, please call the Division of Management Authority at
1-800-358-2104 or 703-358-2104.
An injurious wildlife listing would not prohibit intrastate transport or possession of that species within a State, where those activities are not prohibited by the State.
Invasive Species Prevention: Keeping Risky Aquatic Species Out of the United States
The Service’s Fish and Aquatic Conservation program is working with the industries that trade in live, nonnative species and with the States (through the Association of Fish and Wildlife Agencies) on voluntary ways that they can help to prevent importation without affecting their commerce. Read more . . . |
Photo: John Casselman
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Injurious
Wildlife Species Evaluations available on the
Web:
Chytrid Fungus - September 16, 2010
Petition on Amphibians with chytrid fungus (pdf)
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In September 2009, the Defenders of Wildlife petitioned Ken Salazar, Secretary of the Department of the Interior, to list all live amphibians or their eggs in trade as injurious wildlife, under the Lacey Act unless free of Batrachochytrium dendrobatidis (chytrid fungus). The petitioner requested a listing that would require a health certificate to accompany shipments of live amphibians or their eggs declaring that they were free of chytrid fungus before importation or transportation could occur. The Fisheries and Habitat Conservation Program's Branch of Aquatic Invasive Species has the lead for this issue. A listing of injurious restricts importation and interstate transportation (not with-in state transportation).
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The Notice of Inquiry published in the Federal Register on September 17, 2010. This is an information-gathering phase (no rule has been proposed). The public may submit information at: http://www/regulations.gov under Docket No. FWS-R9-FHC-2009-0093. This information period closed on December 16, 2010.
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After the information is reviewed, the Service will decide whether to propose a rule or to take no further action.
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News Release, "Service Seeks Information on Petition to Halt Spread of Amphibian Disease."
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Questions and Answers.
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Silver and Largescale
Silver Carp |
1)
July 10, 2007: |
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Final Rule (pdf) |
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Silver Carp Environmental Assessment (pdf) and FONSI (pdf) |
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Largescale Silver Carp Environmental Assessment (pdf) and FONSI (pdf) |
2) June 26, 2007, OMB Review Completed |
3)
May 29, 2007:
Office of Management and Budget (OMB) Review |
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The final rule for the silver and largescale silver carp injurious wildlife evaluation was received by the Office of Management and Budget’s (OMB) Office of Information and Regulatory Affairs for review under E.O. 12866. |
4)
September 5, 2006: Proposed
rule (pdf) |
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Draft
Environmental Assessment - largescale carp (pdf) |
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Draft
Environmental Assessment - silver carp (pdf) |
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Notice of Inquiry - silver carp |
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