SaltwaterSense

H.R. 669 Update - Status of the Nonnative Wildlife Invasion Prevention Act

Last week I wrote about H.R. 669, the proposed “Nonnative Wildlife Invasion Prevention Act”, which, if passed, could end the marine aquarium hobby as we know it. The subcommittee hearing took place yesterday, and the outcome is that the bill is essentially dead at present.

“We recognize the bill is by no means perfect and that changes will be needed to address various concerns before any legislation moves forward,” said H.R. 669’s author Chairwoman Madeleine Bordallo of Guam yesterday.

Yesterday’s hearing was the Subcommittee on Insular Affairs, Oceans and Wildlife’s opportunity to meet and discuss H.R. 669, as well as an opportunity to hear testimony. The goal of the hearing was to determine whether H.R. 669 should move forward or return to the drafting table. The outcome was the latter.

Testimony from Marshall Meyers, CEO and General Counsel of the Pet Industry Joint Advisory Council (PIJAC), was critical to putting the brakes on H.R. 669. Meyers, who was representing the pet industry and pet owners, testified that passage of the bill would be disastrous to the pet industry in the United States.

The bill was set to ban the import, captive breeding and movement across state lines of most nonnative species of wildlife including tropical marine aquarium fishes, corals and other invertebrates. The purpose of the bill is to prevent the introduction of harmful, non-native invasive species, something of which the marine aquarium industry has been guilty in the past.

In recent years, for example, much concern has been expressed about the introduction of the lionfish to the Atlantic Ocean, where it has quickly established itself to the detriment of indigenous species. The introduction of the lionfish to the Atlantic was almost certainly a direct result of the marine aquarium industry.

As Meyers’ testimony explained, the pet industry does “support the development of a strategic, risk-based process to prevent the introduction of invasive species into the United States”, but the current language of the bill simply went too far.

In addition to Meyers’ testimony, pet owners—including marine aquarium hobbyists—were credited with a massive grassroots letter writing, e-mail and telephone campaign which, ultimately, helped to stop H.R. 669. Saltwaterfish.com, for example, posted the issue on its message boards and encouraged hobbyists to contact their representatives in Washington.

The Nonnative Wildlife Invasion Prevention Act and the Marine Aquarium Hobby

As saltwater aquarium hobbyists, do we need to be aware of H.R. 669? The simple answer is: Absolutely.

House Resolution 669 is the so-called “Nonnative Wildlife Invasion Prevention Act”. The bill is currently before Congress, and if it passes, it will dramatically change the marine aquarium industry. In fact, it would probably bring the industry as we know it to an end, as it will make it illegal to transport, breed and sell most tropical marine aquarium fishes commonly available in the hobby.

Summary of "The Nonnative Wildlife Invasion Prevention Act”

The following summary of the bill was written by Congressional Research Service, a well-respected nonpartisan arm of the Library of Congress.

Nonnative Wildlife Invasion Prevention Act - Requires the Secretary of the Interior to promulgate regulations establishing a process for assessing the risk of all nonnative wildlife species proposed for importation into the United States, other than those included in a list of approved species issued under this Act. Sets forth factors that must be considered, including the identity of the organism to the species level, the native range of the species, whether the species has caused harm to the economy, the environment, or other animal species or human health in similar ecosystems, and the likelihood of establishment or spread of the species in the United States.

Provides procedures for issuance and expansion of a list of nonnative wildlife species approved for importation and a list of nonnative wildlife species that are prohibited.

Establishes prohibitions on: (1) importation or transportation between states of nonnative species that are not included in the list of approved species; (2) permit violations; and (3) possession, purchase, sale, barter, release, or breeding of such species.

Exempts from such prohibitions actions by law enforcement personnel to enforce this Act or by federal or state officials to prevent the introduction or establishment of nonnative wildlife species. Declares that nothing in this act restricts the importation or transportation between states of such species by a federal agency for its own use if the species remains in its possession. Authorizes the Secretary to issue permits authorizing otherwise prohibited importation for scientific research, for medical, accredited zoological or aquarium display purposes, or for educational purposes that are specifically reviewed, approved, and verified by the Secretary if the Secretary finds that there has been a proper showing by the permittee of responsibility for the specimen and continued protection of the public interest and health.

Allows the imposition of fees on persons who submit a proposal to include a species in either of the lists to recover the costs of assessing risks of nonnative wildlife species. Establishes a Nonnative Wildlife Invasion Prevention Fund into which such fees and fines for violations will be deposited.

Redesignates the Invasive Species Council established by Executive Order 13112 as the National Invasive Species Council.

H.R. 669 Sponsors

H.R. 669 is sponsored by Del. Madeleine Bordallo [D-GU] and was referred to the Subcommittee on Insular Affairs, Oceans and Wildlife on February 4, 2009. Cosponsors of the bill include:

• Rep. Grace Napolitano [D-CA]

• Del. Eni Faleomavaega [D-AS]

• Rep. Neil Abercrombie [D-HI]

• Rep. James McGovern [D-MA]

• Rep. Lynn Woolsey [D-CA]

• Rep. Raul Grijalva [D-AZ]

• Rep. Barbara Lee [D-CA]

• Rep. Barney Frank [D-MA]

• Rep. Alcee Hastings [D-FL]

• Rep. Ronald Kind [D-WI]

• Rep. Dale Kildee [D-MI]

• Rep. Ron Klein [D-FL]

• Rep. George Miller [D-CA]

What Does Saltwaterfish.com Think of H.R. 669

“We support responsible pet ownership and encourage everyone to have a thorough understanding of what is involved to care for the pets we own,” says Scott Hughes, owner of Saltwaterfish.com. “The current legislation is too broad and would severely limit the animals that hobbyists can keep. It would negatively impact the grassroots efforts to propagate marine animals via captive breeding efforts and will cause millions of hobbyists and pet shop owners to lose a passion and a vocation.”

What Can Tropical Marine Aquarists Do about H.R. 669?

What can you do? Contact your representative and express your opinion before the 23rd of April 2009. Alternatively, go to NoHR699.com and click on “Do Something Now!” Most importantly, educate yourself about the bill and follow its progress at a site such as GovTrack.us.

 

Using Reef Herbivores to Control Algae in the Saltwater Aquarium

I saw Eric Borneman give an interesting talk on reef herbivores last week at MAX, and it just so happens I have a feature article on the same topic in the current issue of Tropical Reef Hobbyist Magaine (p. 94 of the May issue). Understanding reef herbivory is central, in my opinion, to being a successful reef hobbyist. It also sets the reader up for being on the front line of one of the more important reef conservation fronts of our time.

Cows and Fertilizer

Eric’s talk was called “Cows and Fertilizer: a Novel Way to Understand the Control of Algae in Reef Aquariums.” It made the analogy between terrestrial herbivory, which most people readily understand, and reef herbivory, which, for many, remains somewhat of a mystery. Basically, when you think of algae on a reef—either a natural reef or one in an aquarium—you can think about it as being caused primarily by excessive nutrients  or primarily by lack of appropriate herbivores. Aquarists tend to think in terms of the former when they have an algae control issue, but both Eric’s talk and my article in TFH encourage the aquarist to think more about the latter.

Herbivores in the Saltwater Aquarium

Understanding what herbivores eat what on the reef can have a dramatic impact on the control of algae in a marine aquarium. Understanding that each herbivore occupies a critical function on the reef in terms of the algae it targets and where it targets that algae will help the aquarist maintain a “clean reef” without needing to rely heavily on overskimming and other mechanical and chemical nutrient export. Mind you, I‘m not suggesting not to use a protein skimmer or run nutrient absorbing media in your aquarium, but I am suggesting that you give some real thought to exactly how you use your livestock to assist in the fight against unsightly nuisance algae.

Rabbitfish (not Parrotfish!) for Control of Nuisance Algae

In my article in TFH, I look primarily at algae grazing fishes that have been shown to be excellent herbivores on the reef (e.g., the rabbitfishes), but I also point out that it is a combination of algae-grazing mollusks and herbivorous fishes that generally proves most effective. The take-home point is that herbivory is at least as important as nutrient control on natural reefs AND in your aquarium. Understanding the ecological niches of fish, both on the reef and in the aquarium, can help elucidate why things like algae outbreaks happen, and how to fix them when they go wrong, while keeping in mind that some very important reef herbivores are poorly suited to most marine aquarium sitautions (e.g., parrotfishes). 

Applying Data about Algae-Dominated Reefs to the Marine Aquarium

As is often my approach when dealing with my own aquarium, my TFH article looks to what goes on in the wild as observed by marine researchers, and tries to apply that knowledge to successfully maintaining a marine aquarium. As Eric’s talk pointed out, however, the marine aquarium is VERY different from the actual reef in terms of how the entire system functions. Nonetheless, keeping the broad concepts in mind regarding both herbivory and nutrients can improve one’s husbandry dramatically. Using both nutrient control and herbivorous fishes and invertebrates can help the aquarist finally win the war against nuisance marine algae, while at the same time developing a better understanding of why natural reefs are increasingly becoming algae-dominated and why this is something about which we all should be concerned.