The purpose of this Act is to establish an improved regulatory process for injurious wildlife to prevent the introduction and establishment in the United States of nonnative wildlife and wild animal pathogens and parasites that are likely to cause--
(1) economic or environmental harm; or
(2) harm to humans or animal health.[/QUOTE]
If it's not ALL non-native animals, then what is it?
Section 3, Definitions, Part 6 reads:
INJURIOUS WILDLIFE- The term ‘injurious wildlife’ means any species of mammal, bird, fish, mollusk, crustacean, arthropod, coelenterate, amphibian, or reptile, and any offspring or egg of such a species, that is designated as injurious under a regulation promulgated by the Secretary pursuant to section 42(a) of title 18, United States Code.
That list is already defined by the Federal Wildlife Service. I will relink it here:
http://www.fws.gov/fisheries/ANS/pdf_files/Current_Listed_IW.pdf
My guess is that the 'everything will be banned' misconception comes from the inclusion of what is considered a non-native species in part 9 of the definitions. It is simply a list intended to define what a non-native species is. It could, perhaps, be a misinterpretation of Section 4, which
is titled "PROPOSALS FOR REGULATION OF NONNATIVE WILDLIFE TAXA". I can understand why that is concerning. If you look under that headline, though, under (a), it says that entities MAY propose regulation and even propose re-regulation of already listed species!
If someone with their panties in a twist /does/ decide to propose that legislation, Section 5, "SCIENTIFIC RISK ASSESSMENT AND RISK DETERMINATION REGULATIONS" flat out states that prior to approving or rejecting the proposal, a risk anlaysis will be performed
(B) 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
(2) BASIS, AVAILABILITY, AND REVIEW- The Service shall--
(A) ensure that the risk assessment and risk determination processes conducted under this section are based on sound science; and
(B) make the results of each such assessment and determination available to the public.
-- hence my earlier statement that creatures will be reviewed on a case by case basis.
Is it paragraph 2 of Section 11, Prohibitions that is throwing everyone for a loop? It reads,
(2) to engage in interstate commerce for any nonnative wildlife taxon described in paragraph (1), or to knowingly possess such an animal, or the descendant of an animal, that was transported in interstate commerce in violation of this subsection;
which, taken out of context, certainly DOES sound like everything!! However, it refers to paragraph 1 immediately above it, which describes non-native taxa that are ALSO injurious, not ALL non-native taxa. That part could have been written better.
Please remind me precisely /which/ part I am supposed to be reading more carefully?