Reply #38: No it doesn't and you clearly haven't read it

[jberryhill]

Your statement that it prevents "breeding guppies in Montana" is so far from correct, that you either have not actually read the bill, or you are being dishonest for reasons only known to you.

Before anything is banned, a preliminary list must be drawn up with public input:

http://www.govtrack.us/congress/billtext.xpd?bill=h111-669


(b) Preliminary List-

(1) IN GENERAL- The Secretary shall include in the preliminary list under this section nonnative wildlife species that the Secretary finds, consistent with the factors described in section 3(b) and based on scientific and commercial information that is provided in a proposal under paragraph (2) or otherwise available to the Secretary--

(A) are not harmful to the United States’ economy, the environment, or other animal species’ or human health; or

(B) may be harmful to the United States’ economy, the environment, or other animal species’ or human health, but already are so widespread in the United States that it is clear to the Secretary that any import prohibitions or restrictions would have no practical utility for the United States.

(2) PROPOSALS FOR INCLUSION IN PRELIMINARY LIST- The Secretary--

(A) shall, by not later than 60 days after the date of enactment of this Act, publish in the Federal Register, and make available on a publically available Federal Internet site, a request for submission, by any interested persons (including persons that import or that intend to import nonnative wildlife species), of proposals of nonnative wildlife species to be included in the preliminary list under this subsection and supporting documentation for such proposals;

(B) shall accept such proposals for 10 months after the date the Secretary publishes the request for submissions; and

(C) may propose a nonnative wildlife species for inclusion in the preliminary list.

(3) PUBLIC NOTICE AND COMMENT- Before issuing the final preliminary list of approved species under this subsection, the Secretary shall--

(A) publish in the Federal Register and make available on a publicly available Federal Internet site, the proposed preliminary list; and

(B) provide for, a period of not less than 60 days, an opportunity to submit public comments on the proposed preliminary list.

(4) PUBLICATION OF LIST- The Secretary shall publish in the Federal Register and make available on a publicly available Federal Internet site, the final preliminary list under this subsection.

(c) Proposal for Inclusion on the Approved List-

(1) SUBMISSION OF PROPOSALS-

(A) IN GENERAL- After publication of the final preliminary list under subsection (b)--

(i) any interested person may submit to the Secretary in accordance with subparagraph (B) a proposal to include a nonnative wildlife species in the approved list under this section (including a request to import such a species that is not in the list published under this section and section 5, respectively); and

(ii) upon receipt of a complete proposal under clause (i), the Secretary shall publish notice of the proposal in the Federal Register and provide an opportunity for 30 days of public comment on the proposal.

(B) INFORMATION REQUIRED- Any proposal under this paragraph must include sufficient scientific and commercial information to allow the Secretary to evaluate whether the proposed nonnative wildlife species is likely to cause economic or environmental harm or harm to other animal species’ or human health.

(2) DETERMINATION- Based on scientific and commercial information provided in a proposal under paragraph (1) or otherwise available to the Secretary, the Secretary shall make one of the following determinations regarding such a proposal in a reasonable period of time and in accordance with the regulations issued under section 3:

(A) The nonnative wildlife species is approved for importation, and is added to the list of approved species under this section.

(B) The nonnative wildlife species is not approved for importation, unless permitted under section 7.

(C) The Secretary has insufficient scientific and commercial information to make a determination under subparagraph (A) or (B).

Now without going into details on the review and further treatment of the preliminary list, it is MANDATORY to include species fitting criteria (a) and (b) above.

So, apart from your absolutely incorrect representation that breeding animals present in the US would be "banned", it is also stunningly clear that your example of "guppies" would be subject to mandatory inclusion on the preliminary list.

You have read a summary of the bill, obviously prepared by exotic animal importation interests, which is thoroughly inaccurate, and you have presented exaggerated and unsupported conclusions of what the bill requires or would mandate.