Many of you had additional questions regarding the proposed legislation. I forwarded the initial email which was written in part by Attorney Genny Wall who represents AFA. The additional information also comes from her. I’ve also included some links to the government sites referring to HR669. I hope this additional information explains a little more about HR669 and the damage it will do if passed.

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

thomas.loc.gov/cgi-bin/bdquery/z?d111:h669

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Again, if you haven’t done anything about HR 669 yet, please read the the previous Blog post on WindyCityParrot.com then make your voice heard.  

Here’s the link to the capwiz, the EASIEST AND FASTEST way to get your feelings heard! www.capwiz.com/naiatrust/home/ size="2" color="#008000" face="Arial">  (Then click on the Take Action HR669 link and follow the directions. 

If you still have doubts, you can contact Genny Law directly if you have more questions - her email is gennygem2@aol.com

 

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Background on HR669

FYI for those interested in details read the attached PDF. It is for educational and discussion purposes for those dealing with people on pet (or other lists) that are naively or intentionally proclaiming "HR 669 won't affect me/us".   If you read it you will understand Marshall's points raised against the predecessor bill (HR 6311), which will be relevant to counter these claims about this year's HR 669.

Representative Bordallo introduced a predecessor bill in 2008 (HR 6311) that is pretty much the same as this year's HR 669 - and HR 6311 didn't pass out of committee last year.   We are looking for the same result this year.

Attached is a PDF of the testimony of Marshall Meyers of PIJAC before the subcommittee on Fisheries, Wildlife and Oceans, House Natural Natural Resources Committee that heard the 2008 bill.

HR 699 (this year's version) is going before the Insular Affairs, Oceans and Wildlife committee on 4/23/09.

Thanks,

Genny Wall

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More talking points:

Feel free to use any of these points in your discussions with naysayers on HR 669.

You can see the full text of the bill here: <http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=111_cong_bills&docid=f:h669ih.txt.pdf>

1.  PERMITS
 
Any permits that may be issued are only for importation.

Permits or exclusions from the prohibitions of HR 669 will not be available to individuals (including pet owners) under HR 669. 

The bill provides that permits may only be issued to specified entities for specified approved purposes.  

If you don't qualify under Section 7 you don't get a permit for importation.

SEE HR 669, SECTION 7

"SEC. 7. Permits.

(a) In general.—The Secretary may issue a permit authorizing importation otherwise prohibited under section 6(a)(1), for scientific research, medical, accredited zoological or aquarium display purposes, or for educational purposes that are specifically reviewed, approved, and verified by the Secretary, if the Secretary finds that there has been a proper showing by the permittee of responsibility for the specimen and continued protection of the public interest and health wi th respect to the specimen.

(b) Terms and conditions.—The Secretary may include in a permit under subsection (a) terms and conditions to minimize the risk of introduction or establishment of the nonnative wildlife species in the United States."

2.   GETTING YOUR SPECIES ON THE "APPROVED LIST"

If your favorite species is/are not included on the initial "approved list", you can try to get it/them "approved", but that will take time and lots of money to get even one species added to the "approved list".

Under the bill any "interested person" can submit a "proposal" that a species be approved, and that proposal must include "sufficient scientific and commercial information" to allow the Secretary to evaluate the proposal.    The proposal process requires payment of a fee (yet to be determined), publication in the federal register, and the proposal must be open to public comment.

Of course the inevevitable objections from the animal prohibitionists will follow publication of your proposal, and should the listing be approved, we can expect the inevevitable lawsuits to follow.   The animal prohibitionist organizations have the money to do this, while most individuals, and even most businesses, do not.   It is unlikely that many species will ever get listed using the "proposal" process.

If your proposal isn't approved after the lengthy proposal process your species won't be20"approved".

Are you ready to fight this battle for your favorite species?    Can you afford to invest the time and money required with no guarantee that you will be successful?

SEE HR 669 SECTION 4

"SEC. 4. List of Approved species.
.....
(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).
(3) Treatment of unapproved species.—If the Secretary makes a determination under paragraph (2)(B) that a nonnative wildlife species is not approved for importation, the Secretary shall include the nonnative wildlife species in the list of unapproved species under section 5.
(4) Notice of determination.—The Secretary shall publish in the Federal Register notice of the determination made under paragraph (2) and make available on a publicly available Federal Internet site or through other appropriate means, the basis for the determination. "

3.   ADDING SPECIES TO THE "UNAPPROVED LIST"

Note that HR 669 provides a similar mechanism for "any person" to try to get any species added to the "unapproved list".  

The animal prohibitionists can use the provisions of HR 669 to add any species to the "unapproved list".   Again, they have lots of money available for this purpose that individuals and businesses do not have.

A re you ready to fight this battle for your favorite species?    Can you afford to invest the time and money required with no guarantee that you will be successful?

SEE HR 669 SECTION 5

"SEC.5. LIST OF UNAPPROVED SPECIES

.....

(b) Proposal for inclusion on the list of unapproved species.—
(1) Proposal.—
(A) In general.—Any person may submit to the Secretary a proposal to add to the list under this section any nonnative wildlife species.
(B) Information required.—Any proposal under this subsection 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) Notice.—The Secretary shall publish notice of a complete proposal in the Federal Register and provide an opportunity for 30 days of public comment on the proposal.
(3) 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 regulations issued under section 3:
(A) The nonnative wildlife species is not approved for importation except as provided in section 7, and is added to the list of unapproved species under this section.
(B)20The nonnative wildlife species is approved for importation.
(C) The Secretary has insufficient scientific and commercial information to make a determination under subparagraph (A) or (B).
(4) Treatment of Approved species.—If the Secretary makes a determination under paragraph (3)(B) that a nonnative wildlife species is approved for importation, the Secretary shall include the nonnative wildlife species in the list of approved species under section 4.
(5) Notice of determination.—The Secretary shall publish in the Federal Register notice of the determination made under paragraph (3) and make available on a publicly available Federal Internet site or through other appropriate means the basis for the determination."

Genny Wall
Attorney at Law

Sheryl Robinson

President

Northern Illinois Parrot Society

president@nipsparrot.org

847-254-0591 (cell)

Visit www.nipsparrot.org for more information

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