Alien Species Prevention and Enforcement Act of 1992 Law and Legal Definition

Alien Species Prevention and Enforcement Act of 1992 is a U.S. federal legislation that establishes a program to prevent the introduction of prohibited plants, plant pests, and injurious animals into Hawaii through the mail. This Act defines nonmailable plant and animal matter. The prohibited species are certain injurious animals, plant pests, plants and materials under federal quarantine, and certain plants and animals under the Lacey Act.

The Act aims to protect native species and maintain the biodiversity. The provisions of the Act are found under 39 USCS § 3015.

The Act requires: the Secretary of Agriculture to offer to enter into a cooperative agreement with Hawaii to enforce the Plant Quarantine Act, the Federal Plant Pest Act and the Terminal Inspection Act; and Secretary of the Interior to offer to enter into a cooperative agreement with Hawaii to enforce the Lacey Act Amendments of 1981; and the Postal Service to offer to enforce other federal laws.

Pursuant to 39 USCS § 3015, nonmailable plant pests and injurious animals are:

(a) Injurious animals. Any injurious animal, the importation or interstate shipment of which is prohibited pursuant to section 42 of title 18, constitutes nonmailable matter.

(b) Plant pests. Any plant pest, the movement of which is prohibited pursuant to section 103 or 104 of the Federal Plant Pest Act (7 U.S.C. 150bb or 150cc), constitutes nonmailable matter.

(c) Plants. Any plant, article, or matter, the importation or interstate shipment of which is prohibited pursuant to the Act of August 20, 1912 (37 Stat. 315, chapter 308; 7 U.S.C. 151 et seq.) (commonly known as the "Plant Quarantine Act"), constitutes nonmailable matter.

(d) Illegally taken fish, wildlife, or plants. Any fish, wildlife, or plant, the conveyance of which is prohibited pursuant to section 3 of the Lacey Act Amendments of 1981 (16 U.S.C. 3372), constitutes nonmailable matter.