Invasive Species

Summary: This paper broadly defines what an invasive species is and why they pose a threat to indigenous ecological communities. The first section will examine the legislation aimed at protecting native ecologies from invasives and how these laws are often silent on the animal welfare component. The paper then examines the threat invasive species pose through four species case studies. It concludes with suggestions on how current laws and conservation policies inadequately evaluate animal welfare in the US and how future proposals should include a cost-benefit analysis for native and invasive species.

Summary: This law, enacted in 2020, authorizes the Department of Fish and Wildlife to destroy or euthanize a feral swine in accordance with the requirements of 10 V.S.A. § 4709(f).

Summary: Burmese pythons and other invasive species wreak havoc on local environments and threaten biodiversity globally. Beginning with an overview of the unique challenges posed by the Burmese python in Florida, this article addresses invasive species laws and management that currently exist both in the United States as well as across the globe. The current method for addressing the complications created by the pythons is to capture and destroy them. This process is not the most effective means of addressing biodiversity loss as Burmese python populations are now declining in its native habitat due to overexploitation. The following discussion proposes that these pythons not be captured and killed, but rather humanely captured then released back into its native habitat. This is a logical alternative because (1) capture and release is a more ethical solution and (2) capture and release promotes biodiversity. In addition to managing the current threat of these invasive species, countries must also work to prevent the future growth of unwanted populations. In order to successfully rid South Florida of the Burmese python, while preventing the future spread of invasive species, the laws that allow these invasions to happen must change. This article will explore state and federal controls regarding the management of invasive species as well as offer solutions to strengthening these protections.

Summary: This Delaware statute leaves to the discretion of the state whether to authorize an entity or persons to take, harvest, or capture any species of non-native wildlife that is or has the potential to become injurious to native wildlife.

Summary: 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.

Summary: 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.

Summary: This 2018 Louisiana law makes it unlawful to transport live feral swine by any person not in possession of proof of registration as a feral swine authorized transporter with the Louisiana Board of Animal Health within the Department of Agriculture and Forestry. Whoever violates the provisions of this Section shall be fined not more than nine hundred dollars, or imprisoned for not more than six months, or both. Note that a subsection states, "[t]he provisions of this Section shall not apply to “Uncle Earl's Hog Dog Trials”'

Summary: This Kentucky law prohibits the release of a hog or pig from the family Suidae into the wild. It also prohibits the importation, possession, or transportation in Kentucky any wild or feral pig, Eurasian or Russian boar, or any hybrid of these, whether born in the wild or captivity.

Summary: 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.