2017 Update | Injurious Wildlife Label & its Possible Effect on Koi Sales

Published on March 18, 2017


[Update, 03/18/2017] Not much action on this possible interstate Koi ban as the new administration gets settled in, but Paul Zajicek, exec. dir. of the National Aquaculture Assn., sent a quick update from the U.S. Fish and Wildlife Service on the Lacey Act and a contact for questions about the interstate regulation.  

For koi-related questions, reach out to Bryan Landry, Senior Special Agent, U.S. Fish & Wildlife Service at 703.358-1949 or his cell ph# 703.819.2875.

>> Landry also provided a Lacey Act presentation, see here, with more details about the Act. The 2016 updates on the original story are below, with a link to the full story below. 


[Update, 12/14/2016] The comment period is still open on the petition that would “list 43 native and non-native aquatic species as Injurious Wildlife under the authority granted by the Lacey Act,” according to the National Aquaculture Association (NAA). The NAA released an update last week and announced they’ve “reached out to the “National Aquaponics Assn and U.S. Aquaculture Society to sumbit commments on the petition.” For more details on the NAA’s action plans, click here for the press release.


[Update, 11/4/2016] A recent email from National Aquaculture Assn. (NAA), sent on 11/4, reveals recent comments by Dr. Jeff Hill, UF Tropical Aquacuture Lab, on the proposed rule to list 11 aquatic species. According to the NAA, Dr. Hill takes aim at the climate match used in the Ecological Risk Screening Summary method as well as errors within specific reports (guppies, black acara, Nile perch).

Also, the California Aquaculture Assn, a chapter of the NAA, will be writing a letter to the Fish Wildlife Services (FWS) and the summary can be found here, click here. Other interested parties have listed comments, such as Kloubeck Koi, Blue Ridge Koi and Next Day Koi — click on the names to see the comments. 


[Original Story, published on Oct 26] Koi breeders and sellers are staring down a scary prospect where selling of koi across state lines could be prohibited, according to a proposed regulation made on Sept. 23.
On that day, the U.S. Fish and Wildlife Service (FWS) received a petition to list 43 native and non-native aquatic species as Injurious Wildlife under the authority granted by the Lacey Act.

The petition includes the black acara, blue catfish, common carp (i.e., koi), grass carp, guppies, Jaguar guapote, three plecos (Amazon, Orinoco and vermiculated sailfin catfish), red swamp crawfish, and three tilapias (i.e., blue, Mozambique and Nile). Upon listing, these live animals and their gametes, viable eggs or hybrids may not be imported into the United States or transported interstate.

The petition is predicated upon rapidly performed ecological risk screens, termed Ecological Risk Screening Summaries (ERSS), completed by the FWS and posted to a public website. Each species has been identified as “high risk” by the FWS.

The National Aquaculture Association (NAC) is asking growers, distributors, sellers, users, consumers or hobbyists that may oppose this petition should distribute this publication and become familiar with the ERSS reports and the Injurious Wildlife petitioning process. The FWS’s Injurious Wildlife listing process may take months to complete which will allow time to share information and prepare written comments. Information that will inform the FWS about these species includes:

  • The value, economic, ecological or aesthetic, of these species to your farm, business, hobby or the environment.
  • State or local regulations that govern culture, possession or sale and estimated regulatory costs.
  • The physical and practical methods that are implemented to prevent escape.
  • Observations or published papers that describe or assess whether the species and species hybrids pose a risk to the environment, humans or the economic interests of the United States.

The FWS welcomes the public to provide informal input at this stage in the petition process; although, information provided at this time will not be part of a formal public review process or comment period. The FWS is processing the petition consistent with the agency’s regulations found at 43 CFR part 14.  When the FWS receives a petition from the public for Injurious Wildlife, they assess the petition and may find that no action is warranted, formally go out to the public with a Notice of Inquiry, or proceed with rulemaking for all or a portion of the petitioned species.

>> For the full article on Injurious Wildlife Label Could Ban Koi Sales

Kloubec Koi Farm

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