Regulations for the Import of Fishes, Wildlife, Plants, and Insects

Regulations for the Control of Fishes and Wildlife

Campbell (1993) and the U.S. Congress, Office of Technological Assessment (1993), summarized the present-day frustration with the failure of the many federal and state laws and regulations to control the continued introductions of nonindigenous nuisance species. Most people think it is not practical to stop the importation of nonindigenous species into the United States, and at present a system to stop introductions of nuisance species into the nation's open waters does not exist. As long as the importation of such species is profitable, loopholes and inconsistencies in regulations prevent stopping the invasion. Because not enough is known about native ecosystems and about the life histories of nonindigenous species and their potential to become nuisances, the potential impacts of these invaders cannot be predicted. The mystic of introducing a new species, the inability to know the final impacts, the ongoing changes from other factors, and the lack of time and resources to examine the potential impacts of nonindigenous species before introductions makes the stopping of future introductions an impossible task.

Anonymous (1992) and Cambell (1993) summarize the federal regulations for the control of the import, export, sale, purchase, possession or transportation of nonindigenous species. The Lacey Act Amendments of 1981 (16U.S.C.A.667 et seq.,18U.S.C.A.42 et seq.), the Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990,as amended (16U.S.C.A. 4701 et seq., 18U.S.C.A. 42), and the Federal Noxious Weed Act of 1974(7 U.S.C.A. 2801 et seq.) provide most of the authority. People et al. (1992) discussed the program and statutory basis for the U.S. Fish and Wildlife Service programs and policies for the control of nonindigenous species. Stanley et al. (1991:page 165) concluded that a "Rigorous review of all exotic introductions and consultations of all concerned jurisdictions and user groups should precede any planned introduction." Shelton (1986) summarized the procedures that should be followed before a nonindigenous species is introduced and cultured in an area where it is not already established. Brown (1979) discussed the federal role in regulating exotic species in mariculture. Recent publications by Campbell (1993) and by the U.S. Congress (1993) discussed the many federal and state regulations and laws for the reduction of introductions and their ineffectiveness in stopping harmful introductions.

All importers are required to file Form 3-177, Declaration of Importation of Fish and Wildlife, for each shipment at authorized ports of entry (Ramsey 1985). Ramsey (1985) described the importation of fishes into the United States, the practices by the shippers and importers, and the resulting problems for the inspectors. Clugston (1986) and Kohler (1986a,b) discussed the strategies that should be followed to reduce the risks of introductions of any aquatic organisms. Kohler and Courtenay (1986a,b) outlined the history of the attempts to develop guidelines and protocols for the evaluation of a nonindigenous species before its purposeful introduction and the steps for federal and state regulations. Welcomme (1986) discussed the reasons for the trade of exotic species are traded between nations and summarized the control of unwise introductions. In a more recent publication, Welcomme (1988) provided a detailed listing of the worldwide movement of exotic species. Only few introduced organisms met expectations; most failed to survive or became harmful. Myers (1947) and Chamberlain (1947) were among the first professional fishery personnel in this country who expressed concern about the introductions of exotic fish species into the United States and expressed concern about the exportation of native species to foreign lands without a thorough evaluation of the reasons for the transfers and the environments to which the species were introduced. In 1977, President Carter signed Executive Order 11987 that restricted the import and export of exotic plants or animals by federal agencies without an evaluation of potential impacts on the receiving ecosystems. Regulations in support of that order were never completed.

The regulations for introductions of nonindigenous species into Florida and related management were presented by Shafland (1991). He provided a summary of Florida's constitution, statutes, and rules for the importation, sale, use, or release of any nonindigenous fish. He also identified the ten groups of fishes on the restricted list that can be legally possessed only with a permit from the Florida Game and Freshwater Fish Commission. A list of a group of 12 prohibited nonindigenous species, including the green sunfish (Lepomis cyanellus) that is native to the United States was included. Only under maximum security and with strong justification can possession of species on this list be permitted into Florida. Regulations for the use of grass carp (Ctenopharyngodon idella) are outlined and usually require the use of sterile triploid grass carp.

A model for state regulations concerning the holding of wild and exotic animals was developed by the Southeastern Cooperative Wildlife Disease Study (1985) to serve as a national standard for controling animals in captivity. The model's purpose was to prevent the escape or release of environmental injurious species, the mistreatment of said animals, to ensure the safety of humans, and the prevention of the introduction of harmful exotic diseases or parasites.