Invasive Species

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Titlesort ascending Summary
United States Association of Reptile Keepers, Inc. v. Jewell On a motion for a preliminary injunction to enjoin implementation of the 2015 Rule (80 Fed.Reg. 12702 ), the US District Court for the District of Columbia addressed whether the U.S. Department of Interior acted within its authority when it issued Lacey Act regulations prohibiting the interstate transportation of certain large constricting snakes. The United States Association of Reptile Keepers argued that since the Lacey Act “[did] not encompass transportation of listed species between two states within the continental United States,” the Department of Interior exceeded its authority. Relying on the history of zebra mussels and bighead carp, the Department argued that it did not. The Court, however, found the Department had failed to establish that that history was sufficient to confer an authority on the Department that Congress did not confer when it enacted the controlling statutory text. The Court ruled the preliminary injunction would issue and ordered the parties to appear for a status conference on May 18, 2015 to address the scope of the injunction.
Swan Song? Giving a Voice to Mute Swans in the Chesapeake Bay


This article discusses the decision by the United States District Court to grant an injunction filed by the Fund for Animals to stop the killing of the federally protected mute swan. The authors suggest that more research needs to be conducted with regard to alleged harm the swans cause in the Chesapeake Bay. Moreover, alternatives to culling the population must be explored as this is required by multiple federal laws. Further, the authors suggest that we should not not blame the very species we introduced centuries ago or artificially arrest the natural progression of the various species in an ecosystem, be they native or exotic.
Overview of Invasive Species and Animal Welfare


This overview discusses state and federal laws that control the spread of invasive species. It also touches upon the tension between eradication methods and potential animal welfare concerns.
NV - Invasive - 503.597. Introduction or removal of aquatic life or wildlife This Nevada law is aimed at aquatic invasive and injurious species. It states that, except as provided, it is unlawful, except by the written consent and approval, for any person at any time to receive, bring, or remove from one stream or body of water in this State to any other, or from one portion of the State to any other, or to any other state, any aquatic life or wildlife, or any spawn, eggs or young of any of them. A person who knowingly or intentionally introduces or attempts to introduce an aquatic invasive species or injurious aquatic species into any waters of this State is guilty of a misdemeanor for a first offense, and a category E felony for subsequent offenses. Additionally, a person convicted must pay a civil penalty of at least $25,000 but not more than $250,000, which is deposited into the Wildlife Account in the State General Fund to fight aquatic invasive species.
NM - Pigs, feral - § 77-18-6. Feral hogs; prohibition; penalty This New Mexico law prohibits the importation, transportation, holding for breeding, releasing, or selling of a sell a live feral hog or the operation of a commercial feral hog hunting enterprise. Any person who violates this section is guilty of a misdemeanor and shall be punished by a fine of not more than one thousand dollars ($1,000) or by imprisonment for a definite term of less than one year or both.
NM - Invasive Species - Chapter 17. Game and Fish and Outdoor Recreation. These New Mexico statutes pertain to controlling aquatic invasive species. If a conveyance or equipment has been in an infested water body, the owner must decontaminate it or have it inspected and certified prior to entering another water body in the state. Law enforcement officers must take action to prevent infested equipment from entering water bodies, and may impound equipment if the person transporting it refuses to submit to an inspection and the officer has reason to believe that an aquatic invasive species may be present.
MT - Exotic wildlife - Part 7. Importation, Introduction, and Transplantation of Wildlife These Montana statutes control the importation, introduction, and transplantation of exotic wildlife into the state. The importation of any wildlife is prohibited unless the species poses no threat of harm to native wildlife and plants or to agricultural production and that the introduction has significant public benefits. Violations may result in a fine or imprisonment.
MT - Exotic Pets - Sub-chapter 22. Exotic Wildlife These Montana regulations provide the requirements for care and housing of exotic wildlife. The list of noncontrolled species and prohibited species is also provided.
MN - Wildlife, possession - Chapter 97A. Game and Fish. Possession and Transportation of Wild Animals. These Minnesota statutes restrict possession and transportation of wild animals. No one may transport wild animals taken, bought, or sold in violation of the game and fish laws. In general, a person may not take, import, transport, or sell an endangered species of wild animal, but there are exceptions.
MI - Transgenic and Nonnative Organisms - Chapter 324.Natural Resources and Environmental Protection Act The following Natural Resources and Environmental Protection Act sections lists which transgenic and non-native organisms are either restricted or prohibited in the state of Michigan. In addition to listing a species as prohibited or restricted, the statute also grants authority to the Commission of Natural Resources (for all species except insects or plants) and to the Commission of Agriculture (for insect and plant species only) to add or delete an organism from either list. The statute also provides exceptions—with qualifications—to possessing a restricted or prohibited species; provisions in which a person can introduce a prohibited or restricted species; and circumstances in which a person is not considered to be in possession of a restricted or prohibited species.

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