What is this Senate Bill?

[John]

March 16th, 2021
Link to the bill on GovTrack: A bill to amend title 18, United States Code, to enhance protections against the importation, and transport between States, of injurious species, and for other purposes. (S. 626)
US Senate Website page for the bill: Text - S.626 - 117th Congress (2021-2022): A bill to amend title 18, United States Code, to enhance protections against the importation, and transport between States, of injurious species, and for other purposes.

In short, there is a bill (current text has not been published UPDATE MARCH 18th: the text of the amendment before the committee has now been published and it's as bad as you could imagine - please amend any talking points below that talk of the text as unpublished. Read at USARK along with their notes: ALERT: Lacey Act Amendment 2021 | USARK - United States Association of Reptile Keepers
) in the US Senate committee for the Environment and Public Works that will grant USFWS broad discretionary powers to use the Lacey Act to impose bans on the transport of animals between US states.

The 2016 USFWS rule that banned the import of newts and salamanders AND the interstate transport of newts and salamanders used the Lacey Act. US federal courts ruled the interstate transport aspect of the ban to be an invalid application of the Lacey Act.

1. We do not have the text yet as it is still at Senate Committee, but it is reasonable to assume that the bill would allow USFWS to implement the interstate ban without the possibility of direct court challenges.
2. This would effectively end the newt and salamander hobby in the US because hobbyists would only be able to keep or exchange animals with others in the same state.
3. You would also be unable to take your collection with you, should you move to another state where the animals are otherwise legal.
4. This amendment to Lacey would allow USFWS, with a minimal reason, to apply this to other animals, e.g. dartfrogs or other exotics.
5. This amendment has come out of HSUS and other anti-pet lobbying groups pushing FWC (Florida Fish and Wildlife Conservation Commission) and Florida politicians to ban certain constrictor snakes.
6. It is being sponsored in the US Senate by Florida Senator Marco Rubio (Republican Senator in Florida) and Senator Brian Schatz (Democratic Senator in Hawaii). Bi-partisan support means it will likely pass into law if allowed to make it out of committee uncontested.

What you can do (This link will be live later tonight, March 16th 2021).

Quoting from USARK's page on this senate bill ALERT: Lacey Act Amendment 2021 | USARK - United States Association of Reptile Keepers :

U.S. Senator Marco Rubio (R-Florida) has introduced Senate Bill 626 (S626). This is a bill that would reverse the USARK federal lawsuit victory by reinstating the ban on interstate transportation of species listed as injurious under the Lacey Act. While the text has not been posted, the bill title clearly states the intent: A bill to amend title 18, United States Code, to enhance protections against the importation, and transport between States, of injurious species, and for other purposes.

In our landmark court decision, four federal judges agreed that USARK was correct and that the Lacey Act (Title 18 Section 42) did not ban interstate transportation of injurious species based on the original language of the Lacey Act and the intent of Congress. As a result of this fight for our members and the herpetocultural community, this meant animals domestically bred under human care could be moved and sold across state lines (within the continental United States). For herpetoculturists’ concerns, this included a few species of constrictor snakes and a long list of salamanders. The bill may also contain an “emergency designation” authority for the U.S. Fish and Wildlife Service (FWS) to list species as injurious under the Lacey Act.

Senator Brian Schatz (D-Hawaii) is a co-sponsor. S626 has been assigned to the Senate Committee on Environment and Public Works.

We will post additional information soon.

 

[John]

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[John]

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[John]

UPDATE MARCH 18th: the text of the amendment before the committee has now been published and it's as bad as you could imagine - please amend any talking points below that talk of the text as unpublished. Read at USARK along with their notes: ALERT: Lacey Act Amendment 2021 | USARK - United States Association of Reptile Keepers