Commerce
There has never been a greater need for abundant and healthy water resources globally. Yet, our aquatic systems are under threat because of the introduction and spread of aquatic invasive species, which reduces biodiversity and threatens water quality. One key way aquatic invasive species are introduced and transported are via commerce - the plant and animal trade.
Reducing the risks of harmful aquatic invasive species in trade requires the cooperation and collaboration of everyone involved in the supply chain, from producers and manufacturers, to buyers and importers, to retailers and government agencies. This portion of the website explores the key challenges and issues that contribute to the introduction and spread of aquatic invasive species in plant and animal trades, and documents both voluntary and regulatory approaches to minimize the introduction and spread of aquatic invasive species.
THE ISSUE
Global commerce growth is forecast at 12.2% in 2022. The e-commerce share of retail sales has been steadily growing during the past decade, and is forecast to be 23.6% of all sales by 2025. There is increasing concern that the e-commerce sector will grow at a rate that exceeds the ability of regulatory agencies to address associated risks of introduction and spread of aquatic invasive species. There is also concern that lack of incentives, lack of information and education about risks associated with certain species, inadequate labeling and reporting, shipping loopholes, and other factors could significantly accelerate the risk of aquatic invasive species introductions and spread throughout North America.
Key challenges that contribute to AIS in Commerce include mislabeling of plants, animals, and shipments, inaccurate records of species being bought and sold, lack of information by buyers, unregulated online marketplaces, hitchhikers in shipments, reliance on voluntary actions, and no consistent approach to importation and exportation of aquatic plants and animals. Check out this document for more information.
A Governance and Biosecurity Framework for AIS in Commerce in North America has been developed to incorporate best management practices, voluntary codes of conduct, and enhanced outreach and regulatory mechanisms that will allow the continuance of plant and animal trade while minimizing the transport and spread of aquatic invasive species in North America. The plan includes strategies that address accessible information, voluntary industry practices, legal authorities, record requirements, knowledgeable consumers, collaboration, and resources and capacity. Click here to access the Governance and Biosecurity Framework.
CASE STUDIES of the LEGAL FRAMEWORK
In 2023, the National Sea Grant Law Center conducted research to determine the public accessibility of state AIS lists. The results of that research illustrates the following challenges:
-
It is difficult to locate many state AIS lists online.
-
Little information exists about how state lists are monitored, updated, or enforced.
-
Terminology varies significantly from state to state, and states describe species and groupings of species a variety of ways (e.g., prohibited wildlife, allowed wildlife, exotic species, nuisance species, noxious weeds, etc.).
-
Some states lack lists for specific categories of species, e.g., some state may only publish a prohibited list of animals, but do not have a similar list for plants; some states only publish a list of species prohibited in aquaculture.
Click on the image to the right to access model regulatory language to address priority gaps.
Click on the icons in the map below to access state and provincial aquatic invasive species-related statutes and regulations.
.webp)
The following case studies were developed to highlight the current legal framework governing commercial trade of aquatic species and the challenges to mitigating risks from this pathway.
BEST PRACTICES AND GUIDELINES
The following Best Practices and Guidelines included are intended to address the gaps that currently exist in commerce relative to the production, sale, transport, and purchase of aquatic plants and animals that serve as a pathway for the introduction of AIS.
.webp)
Best Practices and Guidelines
Business operations that cultivate, produce, distribute, buy and sell aquatic organisms must ensure that their actions and choices do not allow for the introduction and spread of aquatic invasive species. These recommendations support better business operations and are intended to lead to improved invasive species management. The following list of recommendations are intended to reduce opportunities for invasive species to enter commerce from sellers.
Knowledge of regulated, invasive species, and problem-prone species
Where Codes of Conduct have been generated by industry to address minimizing invasive species in commerce, review and adopt.
Regularly reference federal/state/provincial lists for regulated and invasive species and ensure legality for production in location of operation and destination sale location. Because regulated species lists can change, it is recommended to review these annually.
Aquatic animal species selected for production, distribution, purchase, and sale must be compliant with the Federal Injurious Wildlife List.
Aquatic plant species selected for cultivation, distribution, purchase, and sale must be compliant with Federal Noxious Weed List.
Aquatic animal and plant species selected for production, cultivation, distribution, purchase and sale in specific states or provinces must be compliant with those associated states or provinces regulated and invasive species lists.
Problem-prone species should be identified annually and removed from production or sale. These species are self-identified as those that are difficult to keep alive in captivity, repeatedly returned for rehome, species housing and care is time-consuming and otherwise challenging, species is pending being listed as an invasive species or regulated in multiple states or provinces, species cannot be certified as disease free, or species that are wild collected.
Staff should be trained on best practices for identifying hitchhikers and contaminants in shipments. See hitchhiker pamphlet.
2. Record keeping and Labeling
Create a protocol that ensures all products are labeled properly and accurately during the entire process of cultivation/production through point of sale.
Maintain accurate and thorough records that indicate scientific name of species, common name and quantity of species.
Accurately label all species with both current scientific name and common name.
Source products from producers and distributors that accurately label species with scientific and common names.
3. Information and Education
Internal Professional Obligations
Actively participate in professional organizations to stay current on invasive species issues that may affect business operations.
Learn about species regulations for all states and provinces, and understand that some species are illegal to possess, or sell. Know the specific species regulations for your area.
Adhere to voluntary codes of conduct.
Publicly promote adherence to codes of conduct among industry peers.
Support and participate in rehome efforts.
Customer Information Sharing
Inform customers of species with invasive attributes and provide information on alternative and non-invasive species.
Inform customers of species regulations associated with shipping restrictions.
Inform customers of proper disposal methods of unwanted organisms.
Accompany all species that are bought and sold with a care sheet and/or additional information and resources. Care sheets should include, but not be limited to the species’ proper housing, or enclosure requirements, maximum adult size and length, expected lifespan/longevity, proper feeding and diet, temperature, lighting, and humidity requirements.
Publicly promote adherence to codes of conduct among customers.
4. Inspection and Packaging
Develop and implement a written protocol to address contaminants (hitchhikers) in production or distribution, including inspection and cleaning of product in preparation for shipment or sale.
Provide all staff with regular training to implement contaminant protocols and confirm compliance of implementation.
Adopt and adhere to processes to clean and inspect animals, plants, and packing.
When contaminants are found, dispose of them in adherence to local regulations.
Record and report contaminants where appropriate.
5. Compliance
All scale of operations that deal in the sale of live aquatic plants and animals must comply with applicable licensing requirements to operate.
Care and housing of species should be compliant with US Clean Water Act, Canadian Environmental Protection Act and other state/provincial licensing and permitting.
Disposal of species should be compliant with American and Canadian Veterinary Medical Association humane treatment protocols.
1. Species selection
Understand and follow the laws and regulations in your state relative to native and non-native species.
Understand the invasive risk of any plant or animal considered for purchase and avoid purchase of any species other than low risk species.
Purchase only captive-bred animals.
If purchases will result in their re-sale, adhere to Best Practices and Guidelines for sellers (above).
Learn before you buy so that you know what size the plant or animal will get, how long it will live, and what you will need to provide to care for it long-term.
2. Labeling and Documentation
Confirm that your purchase clearly identifies the scientific name and common name prior to purchase.
Always receive a receipt of purchase, business card, and vendor contact information for any animal you purchase as well as a copy of the vendor return and refund policies.
If purchases will result in their re-sale, adhere to Best Practices and Guidelines for sellers.
3. Information
Understand the specific aspects of the species and care requirements for any animal species you acquire, including personality, life span, size, habitat size and needs, diet, and any additional care needs.
Never release unwanted species.
Federal regulatory and management agencies that have responsibilities for live aquatic plants and animals, and invasive species have responsibilities to address pathways that prevent the introduction and spread of aquatic invasive species. The following list of recommendations are intended to reduce opportunities for invasive species by addressing management or enforcement needs to minimize invasive species from entering commerce.
1. Species Categorization and Lists
Conduct risk assessment and horizon scans for species not yet in trade.
All species should be reviewed for potential invasiveness prior to entry into trade.
Adopt and enforce existing national legislation and explore additional state regulations that cannot be achieved via incentives and self-regulatory mechanisms.
Make lists of injurious and regulated species easily accessible to all entities.
2. Information and Education
Alert industry leaders and potential buyers to the risks posed by invasive aquatic species sold via commerce.
Broadly distribute species risk assessment results to key industry stakeholders, particularly with additional climate match analyses.
Make information accessible to enforcement entities and industry including best practices that help ensure a correct and consistent identification and labeling of all traded species.
Incentivize correct and consistent identification and labeling through certification programs.
Widely share the Lacey Act list of prohibited species for importation, and make this list readily accesssible.
3. Inspection and Labeling
Use a standardized single-entry point approach for all import, export and transit-related regulatory requirements to house information and documents (Monaco 2019) modeled after the United Nations Centre for Trade Facilitation and Electronic Business.
Promote and create the infrastructure for an international labeling system.
Develop a system of regulations and penalties to encourage accurate species identifications by wholesalers and retailers (Keller et al. 2007).
Implement consistent inspection of organisms at the place of import to provide incentives for accurate identifications (Keller et al. 2007).
Develop stricter controls with U.S. Postal Service and other direct mail venues to ensure all live animal products are correctly labeled.
Modify U.S. Postal Service regulations 526.6 (requirements for mailing small, harmless, cold-blooded animals (except snakes, turtles, and turtle eggs).
Promote programs that encourage sustainable business practices to prevent invasive species introduction and spread. Ensure that sellers and buyers are provided with the key information and warnings on species they sell or buy, including on their potential regulated status in North America.
4. Collaboration
Collaborate with the main online platforms and entities of e-trade of plants and animals to prevent the e-commerce of aquatic invasive species.
Interrupt the trans-shipment pathway via international agreements that encourage neighboring jurisdictions to flag or inform of potential shipment with potentially regulated species.
Encourage stakeholder industries to develop and adopt voluntary codes of conduct and recognize their adherence.
5. Monitoring
Support the implementation of monitoring e-commerce of aquatic invasive species regionally across North America using GLDIATR as a model.
State, Provincial and Tribal Nations with regulatory and management authority live aquatic plants and animals, and invasive species have responsibilities to address pathways that prevent the introduction and spread of aquatic invasive species. The following list of recommendations are intended to reduce opportunities for invasive species by addressing management or enforcement needs to minimize invasive species from entering commerce.
Species Categorization and Lists
Adopt and enforce state/provincial/tribal legislation and regulations on invasive species.
Make lists of regulated and invasive species easily accessible to all entities.
Consider adoption of common terms associated with regulated species to align with neighboring jurisdictions to improve consistency.
2. Information and Education
Alert suppliers and potential buyers to the risks posed by invasive aquatic species sold via commerce.
Broadly distribute species risk assessment results to key industry stakeholders
Ensure that sellers and buyers are provided with the key information and warnings on species they sell or buy, including on their potential invasiveness.
Promote programs that encourage sustainable business practices to prevent invasive species introduction and spread.
Share detailed species information of primary concern to further educate the community of consumers of live plants and animals.
Provide education to enforcement divisions on species information of primary concern.
3. Inspection and Labeling
Promote consistent inspection of organisms at the place of sale to provide incentives for accurate identifications.
Consider the adoption of a regulatory mechanism, such as a registration, for all businesses dealing in live plants and animals to improve communication and oversight of business entities.
4. Collaboration
Encourage stakeholder industries to develop and adopt voluntary codes of conduct and recognize their adherence.
5. Monitoring
Support the implementation of monitoring e-commerce of aquatic plants and animals at a regional level using GLDIATR as a model. In the absence of such a model/tool, conduct periodic searches and report illegal sales to the appropriate law enforcement agency.
INDUSTRY AND AGENCY TOOLKITS
These toolkits connect producers and retailers with practical information and resources to improve knowledge of aquatic invasive species, while providing key resources to remain compliant and responsible.
Contact resources for commonly asked questions
about aquatic plants and animals in commerce
I have a question
about aquatic plants
Contacts: State or
provincial fish and
wildlife or natural
resource agency,
local extension office
I have a question
about aquatic animals
Contacts: State or
provincial
department of agriculture or natural resource agency, local
extension office
I need to understand industry best practices or contact industry members
I need to know what species are regulated in each state or province
Contacts: State or provincial department of agriculture, or natural resource agency
I need to report a suspected violation involving an aquatic species
Contacts: State or provincial department of agriculture, US Department of Agriculture APHIS, U.S. Fish and Wildlife Service Branch of Fish and Aquatic Conservation, state or provincial natural resource agency, Canada Environmental and Wildlife Enforcement, Agriculture and Agri-food Canada
I need to know what species are regulated in each state or province
Contacts: : USGS NAS, EDDMapS, iMapInvasives, state or provincial reporting hotline
Industry Toolkit
The sale and movement of live aquatic plants and animals in commerce can create opportunities for aquatic invasive species to be introduced or spread to new areas. Being a responsible and knowledgeable retail business can help keep aquatic invasive species out of commerce, keep them out of natural areas, and help foster a healthy plant and animal trade.
What are aquatic invasive species? Aquatic invasive species are plants and animals that can cause economic and ecological harm when introduced to new habitats. Some plants and animals that are available for purchase can become invasive species when released into the wild. Others may be hitchhiking in packaging or with other species.
What does being a responsible and knowledgeable business on invasive species mean?
Responsible The sale of live aquatic plants and animals requires considerable knowledge of proper species care, understanding of rules and regulations, and humane and sanitary business operations. There are ways to ensure your business is complying with state or provincial requirements on invasive species.
Recommendations
Select species that are not known invasive species and know what species are regulated in your state or province (a place to start is here).
Carefully inspect your incoming orders for any hitchhiking plants or animals, and ensure the species in your order match the label.
Establish and follow protocols for properly disposing of hitchhiking plants or animals that may have arrived with your order. If you do not have established protocols for dealing with hitchhikers in your order, follow these guidelines created by the Pet Advocacy Network.
Properly label your plants or animals for sale with the correct scientific name and common name.
Create opportunities for smart purchases that create smart customers.
Provide complete care information sheets for species or species families that you sell, including longevity and size to help customers understand their commitment.
Train staff to pair the appropriate species with the customer needs.
Offer species for sale that are proven for ease of care to minimize issues for the customer.
Knowledgeable
Finding information about what species are regulated and where, what agency regulates those species, and who can be contacted when issues arise. Natural resource agencies take responsibility for determining what species shall be regulated within their jurisdiction. Aquatic invasive species can be assigned this status by a jurisdiction. Invasive species should be avoided and never offered for sale. Some invasive species may have the additional status of being regulated or otherwise restricted and will be found in legislative code.
Who regulates species?
The agencies that manage invasive species can be state, provincial, tribal or federal and may be departments of agriculture, fish and wildlife, and natural resources.
What species are regulated? Each state and province maintain a list of regulated species and invasive species. Before you offer a species for sale or ship a species to a customer, check the individual destination state or province for legality. A starting place for regulated species list is here.
How do I find the right contact with my state or provincial agency? Many states and provinces have an invasive species coordinator or invasive species council. You may wish to contact them initially to determine the best agency to address your issues in your state or province.
How can I get help with hitchhikers in my order? If you need help addressing something that may have arrived in your order that is an invasive species contaminant, hitchhiker or otherwise unintended addition to your order:
Alert your supplier or grower. Products may be able to be returned to the supplier.
Check with local state or provincial agency manager if you need help with identification or to determine if the hitchhiker is a regulated or invasive species.
Need an information tool for your staff on how to deal with hitchhikers - download color poster.
Some aquatic plants and animals can cause problems when released into a natural area. If you deal in live aquatic plants or animals, your business can help keep invasive species out of the wild by keeping them out of commerce. By selecting appropriate species, and avoiding problem-prone species, your business can play an important role in preventing the introduction of invasive species. When problem-prone species go home to customers who have no solutions for rehoming, then species can end up being released into the wild. Species that are particularly problematic are regulated by federal, state and tribal governments. Regularly consult regulated invasive species lists to avoid these problem species.
Avoid Prohibited and Injurious Species
Regulated species are those that are designated by the federal, state or tribal governments. These can be identified by different labels such as regulated, prohibited, and controlled. Regulated species can be found in the regulations for each jurisdiction.
Federally regulated animal species in the US are classified as Injurious Wildlife and regulated under the Lacey Act. Federal regulated plant species are classified as Noxious Weeds and regulated by USDA APHIS.
Federally regulated species in Canada are identified under the Fisheries Act.
State, Province, and Tribal regulated species are identified in individual regulations and species will vary across jurisdictions and region.
Avoid Invasive Species
Invasive species can be animals, plants and microbes. Invasive species are non-native to the ecosystem under consideration and, whose introduction causes or is likely to cause economic or environmental harm or harm to human health. Most states, tribes and provinces maintain lists of species that are determined to be invasive and should be avoided.
States, provinces or Tribes have identified specific invasive species of concern by their respective jurisdictions and lists may be displayed on state and tribal natural resource agency websites.
Avoid Problem-Prone Species
Problem-prone species are ones that you as a retailer or producer can make observations based on multiple factors on the survivability of specific species and the issues they may present to consumers. The following are characteristics that suggest problem-prone:
Species that are difficult for beginners to provide care
Frequent consumer requests to return or rehome species at retail locations
Species housing and care is time-consuming or otherwise challenging for majority of consumers
Species is pending being listed as an invasive species or regulated species either nationally or regionally
Species that cannot be labeled as disease free
Species that are long-lived or grow to large sizes
The production and cultivation of live aquatic plants and animals can create opportunities for aquatic invasive species to be introduced to new locations through their sale and movement. Species not intended for sale may end up in containers or shipments destined for retail sale. These unintended species are often called hitchhikers, or contaminants, and can include invasive species. Some contaminant species are very small, or can easily attach and be inadvertently included with shipments. Some common contaminants are also regulated invasive species in various destination states. There are different scenarios that allow unintended species to become contaminants:
The production of species in outdoor open-system operations allow unintended species to enter the system.
The collection of species from the wild creates opportunity for species to attach, embed, or otherwise be moved with the harvested species.
How to Minimize Contaminants in Live Aquatic Products Regardless of how large or small the operation, a process to manage contaminants is critical. Production or cultivation operations should be actively preventing the transfer of all unintended and often regulated species, such as small crayfish, tadpoles, and molluscs.
To minimize and avoid contaminants in production and cultivation, develop a Standard Operating Procedure. Guidelines and examples can help provide basic information to help you create a procedure that fits your specific operation.
Aquaculture Examples
Southern Regional Aquaculture Center Preventing Hitchhiking Nonindigenous Species in Live Shipments (2009) document
Pet Advocacy Network’s Best Management Practices for Freshwater and Marine Ornamental Wholesaler and Distributor Operations (2016) document
Florida Department of Agriculture and Consumer Services: Aquaculture Best Management Practices Manual (2022)
Key Next Steps for Addressing Contaminants in Live Aquatic Products
Identify ways that unintended species may be entering the facility and take measures to intercept those pathways.
Once an operational procedure is in place, all staff should be trained to implement the procedure.
Create seasonal reminders when grow operations need greater scrutiny to avoid contaminants in shipments.
Take special precaution on items that are packed from outdoor production ponds.
Incoming wild collected species should be carefully examined for contaminants and removed and disposed of properly.
State, Provincial and Tribal law may prohibit the importation, possession, and sale of certain species. In addition, federal laws, such as the Lacey Act:
Prohibits the import of injurious wildlife into the United States (Title 18).
Contains a number of provisions to combat trafficking in illegally taken wildlife and plants (Title 16). These laws are administered by two federal agencies: Animal and Plant Health Inspection Service (APHIS) and U.S. Fish and Wildlife Service (FWS).
LACEY ACT
Title 18 of the Lacey Act (18 U.S.C. 42) authorizes the U.S. Department of the Interior, acting through the U.S. Fish and Wildlife Service, to classify animals as injurious wildlife and prohibit their importation into the United States and some transportation within the United States, except by permit. The U.S. Congress may also designate species as injurious wildlife.
Injurious wildlife are wildlife that are injurious to the interests of humans (including human health), agriculture, horticulture, forestry, wildlife, or wildlife resources of the United States. Only wild mammals, wild birds, amphibians, reptiles, fishes, crustaceans, mollusks and their offspring may be listed as injurious wildlife. The U.S. Fish and Wildlife Service considers a variety of factors when evaluating a species for listing, such as the species’ impacts on habitats and ecosystems, and resource managers’ ability to control and eradicate the species. Currently, there are more than 750 species listed as injurious in the United States.
Importing a listed injurious species into the United States without a permit (permit application form) from the U.S. Fish and Wildlife Service is prohibited. Become familiar with the injurious species list, and do not order or purchase these species from foreign suppliers. Knowingly importing into the United States or possessing an injurious wildlife species without a permit can result in a penalty of fines or prison. Labeling of species for sale must include the common and scientific name. Title 18 also requires that all containers used to ship wildlife be properly marked; false labeling is prohibited. The Secretary of Interior ensures the humane treatment of wildlife shipped to the United States.
Title 16 of the Lacey Act (16 U.S.C. 42) seeks to combat wildlife trafficking by prohibiting the importation, exportation, transportation, sale, receipt, acquisition, or purchase of any fish or wildlife or plant taken, possessed, transported, or sold in violation of any law, treaty, or regulation of the United States; any Indian tribal law; any law or regulation of any state; or any foreign law. Similar restrictions apply to plants taken, possessed, transported, or sold in violation of a state or foreign law that protects plants or regulates the theft or taking of plants from designated areas. In simpler words, the Lacey Act prohibits trade in wildlife, fish, and plants that have been illegally taken, possessed, transported or sold.
Once a species is imported into the United States, it is the responsibility of each individual state and Tribal government to regulate the transport, use, or possession that species within their jurisdiction. State and Tribal laws vary regarding what species are allowed and what approvals are needed to import, transport, or sell live aquatic animals and plants.
It is the responsibility of the transporter or trader of species to know what species are regulated in the respective state(s) where the transactions occur. All states maintain lists of species that are regulated. States also maintain lists of aquatic invasive species which should also be avoided. State-based information can be found on individual state websites as well as these resources:
In Canada, there are similar restrictions on imports and commerce on aquatic invasive species.
To learn more, explore these resources: Plant importations | Live animal importations | Importing Aquatic Pet Animals | Aquatic Animal Biosecurity
BE A RE-HOMER
A live aquatic pet or plant that goes home with a consumer eventually may need to find a new home. There are numerous reasons why a person may not be able to keep their live aquatic pet or plant, such as moving to a different state or county, housing changes, local ordinances that do not allow certain species to be possessed, inability to cover the cost of care, or inability to properly care for species or other personal reasons. When people do not have rehoming options, unwanted live pets or plants can be released into the wild, potentially becoming invasive species. Rehoming is a last chance to keep unwanted plants and animals out of the environment.
The idea of rehoming can take many forms. Retail pet stores are a common place for people to seek help with rehoming. There are other rehoming efforts across North America, such as natural resource agencies hosting amnesty days, hobbyist swap events, and informal online forums. Retail pet stores, animal shelters, and other rescue operations are an important source of accurate information and guidance to help people rehome, and in some cases accept, unwanted live pets or plants.
Highlight on a Rehome Operation
In 2016, John Moyles started an online rescue network for the Green Bay Aquarium Society to provide people with options for unwanted pets other than releasing them into the wild. In 2020, John took the network to the next level by starting J&R Aquatic Animal Rescue and operating a small animal shelter out of his home. In 2022, J&R Aquatic Animal Rescue opened a storefront of 2,400 square feet to accept unwanted exotic pets seven days a week (domestic animals and rabbits are not accepted).
J&R uses two models to accept unwanted aquatic animals: a business-style location open all year and various one-day surrender events hosted across the state. Surrender events include a partnership with animal rescues and other environmental groups to encourage participation and spread the word about options for rehoming.
Events: 18 events and nearly 500 animals were surrendered at community events and then rehomed in 2023.
On-site: Nearly 2,000 animals were surrendered at J&R Aquatic Animal Rescue in 2023.
All adopted animals are appropriately paired with a previously vetted adoptee. J&R ensures that surrendered aquatic animals are adopted by a person capable of caring for the animal. All adoptees must fill out a form to be eligible, and J&R confirms that the adoptee is legally allowed to take the species where they live. Support for this rehoming operation comes from financial requests to aquatic animal breeders, manufacturers, and others in the aquatic animal industry.
Incorporating Rehoming Knowledge into Retail Operations
As a retailer, select species that do not generally come back to your store for rehoming.
Ensure staff are well informed about species life history needs, and encourage pairing of species with consumers capable of adequately caring for the animal long-term.
Retail-based rehoming efforts may require a collaborative approach with natural resource agencies, local organizations, and humane societies to be successful.
Determine a species-specific rehome policy. If a retail store cannot rehome aquatic animals or plants, be prepared to guide those in need to resources like local or regional rescues, animal shelters, or other pet stores that can assist with rehoming.
Case Study: Consequences of Selling and Shipping Injurious Invasive Species
Businesses or individuals that sell online and ship live plants and animals should be aware of the federal and state rules that can apply depending on the species that are being sold and the location of the receiving shipment. Knowingly selling an injurious, prohibited, or invasive species and shipping those species across state lines can result in a violation of the federal Lacey Act. Key things to consider when selling and shipping live aquatic plants and animals:
Species – deal in legal species If you are selling live aquatic plants or animals, some species should be avoided and never offered for sale. Species that are federally listed as injurious wildlife, and species that are identified by a state or Tribe as prohibited or an invasive species are ones that should be avoided.
Shipping or transporting – species must be legal in receiving location The US Postal Service has guidelines to make sure orders are packaged to ensure that the contents are treated humanely, and contents will arrive alive. However, it is also critical to recognize that the receiving state of your shipment may not allow specific species. Being knowledgeable about what species are legal in a receiving state will require researching the regulated species list of each state.
The Lacey Act – knowingly selling and transporting illegal wildlife species The Lacey Act is one of the oldest conservation laws in the United States. The Lacey Act encompasses two separate laws which serve different purposes. First, Title 18 of the Lacey Act prohibits the import of injurious wildlife into the United States. Second, Title 16 of the Lacey Act contains several provisions to combat trafficking in illegally taken wildlife and plants. See the Lacey Act Primer for more details.
Permits – business operations must comply with rules and requirements Many states have a registration or license that is required to sell live plants or animals. Regardless of the size of your business or if your business is online only, check with your local authorities on your local requirements.
Highlight of Non-Compliance An Ohio woman was selling marbled crayfish (Procambarus virginalis) online and shipping orders to over 36 different states. The Ohio Division of Wildlife added the marbled crayfish to their injurious aquatic invasive species list in January 2020. This designation means that marbled crayfish are illegal to possess or sell in Ohio. Elsewhere in the US, marbled crayfish are also not legal to possess. At least 24 states restrict the possession or sale of crayfish or marbled crayfish. Marbled crayfish: The marbled crayfish (Procambarus virginalis) is a popular crayfish in the aquarium and pet trade. Some estimates suggest marbled crayfish may account for about one-half of all crayfish sold online. Marbled crayfish were developed by the pet trade and was first discovered in Germany in the 1990s. By the early 2000s, marbled crayfish could be found in North American markets. Marbled crayfish is the only known decapod crustacean to reproduce through parthenogenesis (i.e., self-cloning), and all specimens are female as a result. Their ability to reproduce by self-cloning at high rates presents a significant ecological risk if released into the environment. The Ohio Department of Natural Resources Division of Wildlife conducts inspections of both brick and mortar and online businesses dealing in live aquatic plants and animals. The Ohio marbled crayfish seller was inspected by Ohio DNR Wildlife Enforcement and was warned repeatedly to cease offering for sale. The Ohio seller continued to offer the crayfish for sale aware of their injurious status and continued shipping crayfish to multiple states. The seller knowingly sold and participated in interstate commerce which is in violation of Ohio law and the Lacey Act. The Ohio seller eventually pleaded guilty to violating the Lacey Act for selling marbled crayfish in interstate commerce and faces a maximum penalty of one year in prison and up to $100,000 fine. Key Take-Aways: Know what species are considered injurious, invasive or otherwise prohibited. Check all receiving location rules and regulations.
The production and cultivation of live aquatic plants and animals can create opportunities for aquatic invasive species to be introduced to new locations through their sale and movement. Species not intended for sale may end up in containers or shipments destined for retail sale. These unintended species are often called hitchhikers, or contaminants, and can include invasive species. Some contaminant species are very small, or can easily attach and be inadvertently included with shipments. Some common contaminants are also regulated invasive species in various destination states. There are different scenarios that allow unintended species to become contaminants:
The production of species in outdoor open-system operations allow unintended species to enter the system.
The collection of species from the wild creates opportunity for species to attach, embed, or otherwise be moved with the harvested species.
How to Minimize Contaminants in Live Aquatic Products Regardless of how large or small the operation, a process to manage contaminants is critical. Production or cultivation operations should be actively preventing the transfer of all unintended and often regulated species, such as small crayfish, tadpoles, and molluscs.
To minimize and avoid contaminants in production and cultivation, develop a Standard Operating Procedure. Guidelines and examples can help provide basic information to help you create a procedure that fits your specific operation.
Aquaculture Examples
Southern Regional Aquaculture Center Preventing Hitchhiking Nonindigenous Species in Live Shipments (2009) document
Pet Advocacy Network’s Best Management Practices for Freshwater and Marine Ornamental Wholesaler and Distributor Operations (2016) document
Florida Department of Agriculture and Consumer Services: Aquaculture Best Management Practices Manual (2022)
Key Next Steps for Addressing Contaminants in Live Aquatic Products
Identify ways that unintended species may be entering the facility and take measures to intercept those pathways.
Once an operational procedure is in place, all staff should be trained to implement the procedure.
Create seasonal reminders when grow operations need greater scrutiny to avoid contaminants in shipments.
Take special precaution on items that are packed from outdoor production ponds.
Incoming wild collected species should be carefully examined for contaminants and removed and disposed of properly.
AGENCY TOOLKIT
States and provinces designate different agencies to manage invasive species – departments of agriculture, departments of fish and wildlife, departments of natural resources – which can add complexity to understanding roles, authorities, and responsibilities. The different agencies responsible for regulating plants and animals create their respective lists of regulated invasive species through statutes. Maintaining current information in easily accessible locations is critical to effective management and oversight of aquatic invasive species. Limited funding and staff capacity for oversight and enforcement, and lack of adequate statutory or regulatory authorities, may lessen the ability of states and provinces to effectively address AIS in commerce.
The number and types of businesses or entities (e.g., big box suppliers, small scale suppliers, online sales) selling aquatic plants and animals adds an additional layer of complexity to managing AIS in commerce. The volume and diversity of species that businesses offer for sale from global sources, business compliance with existing patchwork regulations, and readily accessible information for a business or buyer to remain compliant requires considerable attention to detail and constant research. It is also common for businesses that engaged in live aquatic plant and animal commerce to operate with minimal licensing requirements. Without licensing, management agencies have limited options for identifying sellers and contacting and checking for compliance to prevent illegal activities that may lead to invasive species introduction.
There are multiple opportunities that could help lessen invasive species introduction and spread via the sale of live aquatic plants and animals.
Create mechanisms that provide oversight of businesses dealing in live aquatic plants and animals that will foster compliant businesses and allow better information exchange among businesses and agencies.
At a minimum, this can be a statutory or regulatory authority for requiring a simple registration for businesses dealing in live aquatic plants and animals.
Requiring licensing could provide for further oversight for prevention.
Requiring live aquatic plants and animals to be properly labeled with scientific names from import to point of sale is needed.
Prioritize statutory authorities and/or regulatory measures that encourage online sellers and platforms to be visible, accountable, and compliant.
Support adequate funding and staffing for natural resource agency enforcement staff to respond to the issue of potential invasive species in commerce and be empowered with resources to react to invasive species detections to protect natural and economic resources.
The sale and movement of live aquatic plants and animals can create opportunities for aquatic invasive species to be introduced. Hitchhiker species can be inadvertently included in an order destined for retail sale and can be invasive species. Some species are inadvertently included with shipments due their small size or ability to attach to other species. In some cases, species are produced in outdoor open-system operations where unintended species can enter the grow operations. Inadequate product screening can also result in hitchhikers within shipments. If a species, such as a plant, is collected from the wild, the potential exists for other species to attach to that plant. All shipments of aquatic plants and animals received by businesses should be carefully inspected for hitchhikers, and protocols should exist for dealing with the hitchhikers.
Some common hitchhikers in commerce may be crayfish, amphibian tadpoles, snails, worms, mussels, and small invertebrates:
If hitchhikers are found during inspection:
Follow a protocol to dispose of hitchhikers properly. Some suggested resources include American Veterinary Medical Association Euthanasia Guidelines, College of Veterinarians of British Columbia Euthanasia Guidelines, US FWS Contaminated Marimo Moss Ball Instructions
DO NOT allow rehoming or resale of any products with potential hitchhikers
Businesses that engage in the sale of aquatic plants and animals are obligated to know and comply with rules and regulations, including what species are regulated. Information on regulated species may be found in numerous places on an agency or agencies website(s).
The following are suggestions to share state/provincial rules, guidelines, and resources to better guide those buying and selling aquatic plants and animals.
Because more than one agency may be responsible for regulating plants and animals in your state or province, make the information on regulated species available across all websites and link appropriate contacts with associated relevant species. This agency webpage offers a great example of consolidated information on all invasive species and the associated agency responsibilities for one state.
On agency websites, use terms that will guide or drive online searches to invasive species information. Specific terms can improve agency website visibility in Google, Microsoft Bing, and other search engines when people conduct searches. These terms could include: “sell aquatic”, “buy aquatic”, “prohibited species”, “illegal species”.
Provide a clear, accessible list of all prohibited, regulated, or authorized species. Consider providing lists of other AIS of concern that are in trade, noting unregulated status and key concerns with possession based on risk assessments.
Consider providing links to species information with photos in prohibited species lists to aid identification (e.g., USGS Nonindigenous Aquatic Species database) as well as all known applicable common names.
For species that have been identified in statute or regulation as prohibited/regulated invasive species, align reference terms in public information to ‘prohibited’, ‘regulated’, ‘authorized’, and ‘unregulated’ to create consistency across state, provincial and federal use (see graphic to the right).
Provide easy to find guidance information based on scenarios that may be searched for or situations of concern, such as “What do I do with unwanted species (i.e., contaminants) in products?”, “Is this species regulated or an AIS?”, “What regulations or requirements are needed to sell aquatic plants or animals?”, and “What should I do with unwanted aquarium life?”
Guide people to easily find state or provincial requirements for businesses selling live aquatic plants and animals on associated agency websites. This may include providing links to guide to affiliated agency websites.
Adopting registration or licensing for all business types could help to create agency awareness of what businesses are operating in your state or province and will allow for communication between your agency and businesses on laws/regulations and best practices.
Provide easy to find agency AIS contact information for questions.