18/03/2022
Lacey Act Changes
We're passing on this Email we received from Seachem. Please write your Federal Senators and express your extreme opposition to this very unclear, damaging, and reckless piece of legislation that was somehow snuck in as an amendment to a massive House bill that is now being considered by the US Senate. Please also pass on this letter to your customers. There is a link in this letter to a form that makes it easy to contact your Senators regarding this isssue.
The Seachem Letter:
We are writing you to make you aware of a federal legislative effort that threatens our industry and the entire aquarium hobby. The United States House of Representatives recently passed HR 4521, which contains an amendment ( #160) that modifies provisions of the Lacey Act (Section 71102 of the Amendment) regarding importation and transportation of wild mammals, wild birds, fish (including mollusks and crustacea), amphibians, or reptiles, or the offspring or eggs of any such species in the United States.
This legislation gives the Federal Government the emergency power to immediately suspend all imports of species found to be “injurious to humans, agriculture, horticulture, forestry, wildlife, or wildlife resources for up to 3 years” and presumes that all species are harmful until whitelisted.
With the exception of dogs and cats, nearly all other species fall under this definition, meaning you cannot sell them and your customers cannot buy them. All your product inventory used to support your customers will become worthless overnight. Further, the Government has the ability to enforce this legislation with criminal penalties and civil fines. The process for “whitelisting” is currently undefined, and is not required to be published for up to a year. Similarly, although the statute has a seeming exception for species that are already traded in “non-minimal” quantities, there is no definition of “minimal” provided; it is left up to the government to decide and they do not have to decide for over a year. Can your business survive without the ability to buy and sell fish? Will your customers need your products if they can’t obtain the pets that you support?
WHAT CAN YOU DO? You can help prevent the enactment of this legislation by contacting your Federal Senators and encouraging your customers to do the same. We encourage you to write to your Senator immediately and demand to either vote against the entire legislation or alternatively remove this provision. The Pet Industry Joint Advisory Council (PIJAC) has set up a free web-based form to allow you to easily write to your Senator here:
https://cqrcengage.com/pijac/app/write-a-letter?3&engagementId=513850
We encourage you to be tenacious and vocal in your opposition to this legislation.
We have gathered more information to help you understand this critical issue:
PIJAC article on the meaning of the legislation:
https://pijac.org/blog/lacey-act-amendments-competes-act-2022-hr4521-threaten-us-pet-care- community
NAIA article:
https://www.naiaonline.org/articles/article/federal-legislation-threatens-pets-zoos-and- aquariums-and-biomedical-research .AaIOpmLY.5zSqwKF4.dpbs
You can read the legislation for yourself here: https://www.govtrack.us/congress/bills/117/hr4521/text
