The Wet Spot newsletter -- The America COMPETES Act (HR4521)

[Betty]

Anyone get the newsletters from the Wet Spot?

First paragraph of the newsletter: The America COMPETES Act (HR4521) has passed the House, and will now go to the Senate to be voted on. Please join us in asking your state Senator to vote NO on the COMPETES Act as the new amendment will irrevocably harm the aquarium hobby by limiting which fish are legally allowed into the country. The Department of Fisheries and Wildlife has not done ecological risk studies on many fish in the aquarium hobby, and any fish that hasn't had a risk study completed could be banned from import if this Act passes a vote in the Senate.

I haven't read the bill yet -- wonder how it would impact us.

 

[DMD123]

WOW, It is a 2912 page document online to look at. Glancing at the topics I saw there is a section about Coral Reef protection. This may effect the taking of live coral and animals from reefs so could be an issue for those that want to keep a wild caught species that is not commercially bred. Have not seen anything specific yet to us freshwater fish keepers... but I'm only about a hundred pages in, lol

 

[DMD123]

This explains it pretty well: https://usark.org/2022lacey1/

Im quoting from the article:

Why does this matter?

The list of ramifications is long but we will summarize. If a species could possibly (not definitely) survive at any location in the U.S. it could be listed as injurious for the entire country. This means an issue for only southern Florida (even if already addressed by the State) will be amplified to impact California, Texas, Illinois, and all other states. A species could be potentially injurious/invasive in 1% of the U.S. and still be listed. This removes authority from state agencies to decide what species should be regulated.

The Lacey Act amendments concealed in the America COMPETES Act would:

1. Ban the interstate transport of species listed as injurious. This means you could not take a pet with you if you moved to another state or seek specialized veterinary medical care across state lines. All interstate commerce and even educational programs across state lines would be banned.
2. Create a “white list” (this means only those species listed are allowed) of species that can be imported. This means that any animal (reptile, amphibian, fish, bird, mammal) that is not on the white list is by default treated as potentially injurious and is banned from importation. A “white list” creates a much larger de facto banned list (AKA black list). It is assured that the banned list will be much larger than the white list. Essentially, all species will be guilty until proven innocent (and FWS agrees to that innocence).
3. Establish a new authority allowing FWS to use an “emergency designation” that becomes effective immediately after being published in the Federal Register. That means no due process, public input, hearings, advanced notice, etc. for injurious listings. This means that interstate transport could be shut down overnight, without warning, for any species. Since we have previously beheld unreasonable and prejudiced injurious listings, this new emergency designation is beyond disturbing.
4. Permit FWS to not allow importation if a species has not been imported in “minimal quantities” (to be defined) in the year prior to the enactment of this Act.
5. Create immense potential for trickle-down legislation in which individual states ban even the possession of listed species, as we have already witnessed even if an injurious species cannot possibly survive in that state.
6. Taint injurious listings with “look-alike” carryover, as we have seen with Endangered Species Act listings. Species may be listed as injurious simply because they look like other species. Even if they cannot survive in the U.S. climate, they would be labeled as injurious solely due to appearance. Can we really expect an FWS agent to differentiate the hundreds of gecko and cichlid species?

 

[DMD123]

Latest email from Wet Spot

ATTENTION FISH LOVERS! ​

The America COMPETES Act (HR4521) has passed the House, and will now go to the Senate to be voted on. Please join us in asking your state Senator to vote NO on the COMPETES Act as the new amendment will irrevocably harm the aquarium hobby by limiting which fish are legally allowed into the country. The Department of Fisheries and Wildlife has not done ecological risk studies on many fish in the aquarium hobby, and any fish that hasn't had a risk study completed could be banned from import if this Act passes a vote in the Senate. To sign your name click here: https://cqrcengage.com/pijac/app/write-a-letter?0&engagementId=513850 Let them know that you don’t agree with the new amendment as it would: Create a white list of approved species that can be imported, where any animal not listed is treated as an injurious species by default and banned from importation into the United States; Change the Lacey Act shipment clause to ban the interstate transport of species listed as injurious; and Establish new emergency powers that would allow USFWS to use an "emergency designation" that is effective immediately after publication in the Federal Register unless extended up to 60 days to prohibit importation of species if found injurious to humans, ag, horticulture, forestry, wildlife or wildlife resources of U.S. for no more than 3 years. More detailed information on how this will harm the aquarium hobby can be found here: https://www.reef2rainforest.com/2022/02/04/federal-legislation-threatens-pets-zoos-aquariums-and-biomedical-research/ Help us protect this amazing hobby by making your voice heard!