America COMPETES Act Amendments to the Lacey Act [June 10, 2022]   [open pdf - 716KB]

From the Document: "Section 71102 of the America COMPETES [America Creating Opportunities to Meaningfully Promote Excellence in Technology, Education, and Science Act of 2007] Act, H.R. 4521 (passed the House), would amend the injurious species provisions of the Lacey Act (18 U.S.C. §42). [...] In 2017, the U.S. Court of Appeals for the D.C. Circuit held in 'U.S. Association of Reptile Keepers v. Zinke' [hyperlink] that the statute did not prohibit interstate shipment of injurious species--that is, shipment between states within the 49 continental United States. The statute identifies certain species as injurious and authorizes the Secretary of the Interior to identify other species as injurious [hyperlink] to human beings; the interests of agriculture, horticulture, forestry; or wildlife or the wildlife resources of the United States. The Secretary may list as injurious any 'species of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, reptiles, brown tree snakes, or the offspring or eggs of any of the foregoing.' [...] Section 71102 of H.R. 4521 [hyperlink], as passed by the House, would amend the injurious species section of the Lacey Act. First, it would prohibit 'any interstate transport within the United States.' This provision could be interpreted to prohibit transport across state lines or transport in interstate commerce activity that does not necessarily cross state lines. Second, it would allow the Secretary to issue an emergency designation of any species of wild mammal, wild bird, fish, amphibian, or reptile as injurious and prohibit its import for up to three years."

Report Number:
CRS Insight, IN11950
Public Domain
Retrieved From:
Congressional Research Service: https://crsreports.congress.gov/
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