Act Requiring Legislative Approval for Introduction of Nonnative Species Exposed

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The Act Requiring Legislative Approval for Introduction of Nonnative Species is a draft model policy considered by ALEC's Energy, Environment and Agriculture Task Force at the Annual Meeting on July 22, 2015. Due to incomplete information, it is not known if the bill passed in a vote by legislators and lobbyists at ALEC task force meetings, if ALEC sought to distance itself from the bill as the public increased scrutiny of its pay-to-play activities, or if key operative language from the bill has been introduced by an ALEC legislator in a state legislature in the ensuing period or became binding law. The bill language below is from a ALEC 35 day mailer, available here.

ALEC Bill Text

Summary

This Act prohibits the introduction, propagation or stocking of nonnative species without prior approval by the state legislature and imposes a civil penalty for violations.


Model Policy

Section 1.

This Act shall be known as the Act Requiring Legislative Approval for Introduction of Nonnative Species.

Section 2.

Notwithstanding any other provision of law, a person may not introduce, propagate or stock any wildlife species in the State of {state} that is not a native species to the state unless the introduction, propagation or stocking of that species has been approved by the {legislature}.

Section 3.

Violation of Section 2 of this Act is subject to a civil penalty, not to exceed $10,000. Any civil penalty recovered under this section shall fund projects targeting the eradication or control new infestations or infections of invasive species in {state}.

Section 6. {Effective date.}