L397 Plecos Lacey Act

[AmazonTank]

Was reading the Lacey Act and was wondering if it passed how it would effect my L397 pleco breeding project.
I was under the impression they are still banned from import to the USA

[OregonOutdoorsChris]

I assume you're talking about the Lacy Act Amendment in HR 4521. If passed, the main thing would be whether the species was imported or moved interstate in 2021 in the as yet undefined “minimum quantities.” The secondary thing would then be getting the secretary of the interior to recognize that it meets that definition and then listing it on the white list.

If it fails the first of those, that would mean it would be illegal to import or transport interstate in the US. If it meets the first criteria (technically legal) but fails that secondary condition I mentioned (not on the white list, so prohibited), means that if you have any of them, the Feds can choose to make your life incomprehensibly miserable, and it will cost you tens of thousands of dollars for lawyers to prove your innocence and put your freedom in the hands of a jury.

As for the current status, I believe the issue was that they were not on the previous Brazil export white list (https://www.planetcatfish.com/common/ib ... e_list.php). I thought I saw that Brazil changed to a black list, which I'm not seeing them on (https://www.planetcatfish.com/common/br ... e_list.php), and so should mean are exportable and therefore currently importable. Though anyone who knows differently by all means correct me on any of that.

[AmazonTank]

Thanks for that clarification!

[Jools]

Think that's right. What I am unclear on is the status of undescribed species and the Act.

Jools

[TwoTankAmin]

Amendments to the Lacey Act included in the COMPETES Act of 2022 (H.R.4521) legislation would make changes to the Lacey Act that would negatively impact the broader pet care community.

This passed the House in Feb. But,

The COMPETES Act is now in the Senate after passing the House on February 4, 2022. It remains unclear (as of February whether the Senate will take up the House bill or opt to reconcile with their own bill that passed the Senate this past summer, USICA (S. 1260).

I searched the above for mentions of the word pet and for fish.
Sec. 74717. Plastic pet carriers.
SEC. 74733. DOG AND CAT APPAREL.
(338) Heading 9902.11.98 (relating to plastic pet crate pan)
(439) Heading 9902.15.30 (relating to pet grooming scissors).
(214) Rubber pet toys covered with felt.--Heading 9902.12.31 is amended--
(72) Scissors, valued over $1.75 per dozen.--Heading 9902.15.31 is amended--


SEC. 3295. REPORT ON COUNTERING ILLEGAL, UNREPORTED, AND UNREGULATED FISHING IN OCEANIA.
SEC. 71002. PREVENTING IMPORTATION OF SEAFOOD AND SEAFOOD PRODUCTS HARVESTED OR PRODUCED USING FORCED LABOR.
SEC. 75438. HARD ARTIFICIAL CRANKBAITS.
(469) Heading 9902.16.30 (relating to automatic fish feeders).

So, unless the senate revises the bill it passed or accepts the House version as it, nothing will happen. Right now there is nothing I could find in the senate bill that even mentions any FW fish. It refers mostly to seafood in relation to SW fish. The rest relates to the more tradition pets.

My congressman voted for the House bill and I sent him an email letting him know I would vote for a monkey before I would vote for him for any office ever again.

[OregonOutdoorsChris]

Think that's right. What I am unclear on is the status of undescribed species and the Act.

Jools

There's just no provision in the law for undescribed species, when species get described, or anything on how they are going to handle taxonomic revisions... (heaven help us when Steven Grant erects a new genus, "Tolkienglanis"). I'm sure there will be administrative rules eventually made regarding it, but they aren't currently there now.

That said, I did get a response from my Senator, and while he didn't throw his hat in with us, he did at least sound amenable to our plight. If we can keep the pressure up, they may remove the Lacey Act Amendment during reconciliation.

[YSR50]

Was reading the Lacey Act and was wondering if it passed how it would effect my L397 pleco breeding project.
I was under the impression they are still banned from import to the USA

When were L397 banned from import to the USA?

[Jools]

When were L397 banned from import to the USA?

After 2008 and before 1st May, 2020. Technically they were banned from export from Brazil.

The Lacey Act then, effectively, made them illegal to import in the USA because they were illegally exported from Brazil. They could be legally, but unethically, imported into other countries. As of 2020, they can be exported legally from Brazil.

There are no additional restrictions on captive-bred fishes.

Jools

[bekateen]

When were L397 banned from import to the USA?

After 2008 and before 1st May, 2020. Technically they were banned from export from Brazil.

The Lacey Act then, effectively, made them illegal to import in the USA because they were illegally exported from Brazil. They could be legally, but unethically, imported into other countries. As of 2020, they can be exported legally from Brazil.

There are no additional restrictions on captive-bred fishes.

Jools

I'm told that the US bans any species for import if that species is banned from export by their native country (as Jools said).

However, my understanding differs from Jools' in that I had read that importation was also banned if the fish are coming from a third country. Thus, I was a bit surprised that USFWS and California DFW allowed me (with approved edecs) to import 25 L397 in 2016 from the UK (documented here: viewtopic.php?p=294398#p294398). I know I was fortunate, but I didn't realize how lucky I was that USFWS signed off on it.

Cheers, Eric

[YSR50]

That's what confused me. I remember you bringing those in as well as others importing some within the past few years.

[AmazonTank]

Anyone know if L306 are on the Lacey Act in the USA? Thanks team!