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changes in the operating methods of industries <br />that are based on promotion, production, or sup- <br />port services for such products and uses. It was <br />additionally suggested that introductions may <br />continue even in the face of prohibitions and that <br />unless enforcement efforts were significantly <br />increased, some form of regulatory involvement <br />would be better than the consequences of <br />unchecked illegal introductions. <br />Clean lists basically represent a decision that cer- <br />tain species need little or no further review and <br />will be allowed to be introduced subject to other <br />existing regulatory requirements. Clean lists were <br />suggested by several respondents to represent a <br />more likely means of promoting biologically con- <br />servative decision-making than dirty lists. This <br />was because clean lists generally include native <br />species, already established species, or other rela- <br />tively well studied species. Introductions of <br />species not included on a clean list are generally <br />prohibited until their potential impacts are better <br />understood and the proposed introduction has <br />cleared some form of review process. The most <br />frequently cited difficulty with this approach has <br />been that it may restrict trade and increase the <br />costs of dealing with nonindigenous species if <br />each species is subject to review. <br />Dirty lists exclude particular species from being <br />introduced, usually because they represent an <br />unacceptable risk to some existing natural or <br />agricultural resource. Species not included on a <br />dirty list may be unrestricted from introduction <br />or subject to other limitations on their transport <br />or release. Suggested advantages of a dirty list <br />approach included potentially less effect on trade <br />and generally strong agreement on a species' <br />nuisance status once listed. The most frequently <br />cited problem with dirty lists was that species are <br />often not listed until after they have already <br />become a nuisance, at which point little can be <br />done to alleviate the associated problems. This <br />was often linked to the concern that the ecologi- <br />cal and evolutionary flexibility of many species <br />and the uniqueness of each new receiving ecosys- <br />tem make it difficult to predict the behavior and <br />thus the effects of the species being introduced, <br />i.e., what appears to be "clean" may ultimately <br />become "dirty." <br />Several issues were suggested to represent poten- <br />tial problems with either clean or dirty lists. For <br />example, regional environments may vary suffi- <br />ciently that a species that is "clean-listed" in one <br />area should be "dirty-listed" in another. Both <br />types of lists also require correct and recogniz- <br />able taxonomic classification. This may therefore <br />require the collection of voucher specimens and a <br />significant increase in the training of enforce- <br />ment personnel. One suggestion for reducing <br />this problem was "lumping" taxa in the review <br />process (e.g., whole genera or families) instead <br />of listing species-by-species. However, others <br />saw little value in lumping because the range of <br />behavioral traits that characterize even individual <br />species makes it difficult to assess its potential to <br />adversely affect native species and their ecosys- <br />tems. Another concern with both forms of lists, <br />but most commonly suggested for dirty lists, was <br />that to truly reflect the range of potential nui- <br />sance species the lists may need to include many <br />hundreds or even thousands of species. Under <br />current Federal regulation, this could therefore <br />be very cumbersome and time-consuming. <br />Many of the State fish and wildlife conservation <br />agencies cited general prohibitions on the pos- <br />session, transport, and release of live aquatic <br />organisms except by permit. The inclusions or <br />exclusions of these general prohibitions vary <br />widely, but often include only game fish species <br />or exclude commercial aquarium and baitfish <br />species. Other than disagreement on taxonomic <br />coverage, the most frequent comment on general <br />prohibitions was their difficulty of enforcement <br />and the inadequacy of associated penalties. <br />The prevention of unauthorized intentional intro- <br />ductions was a broad concern of many of the <br />respondents. Suggested means of improving <br />enforcement included increased vigilance, <br />tougher and well-advertized penalties for viola- <br />tions, and increased public education about the <br />legal and ecological/evolutionary consequences <br />of such introductions. The types of penalties sug- <br />gested included fines, suspensions of licenses or <br />permits, incarceration, destruction of the illegal <br />import or transplant, and various forms of liabil- <br />ity. In Hawaii, for example, State quarantine <br />statutes provide that in cases where a violation <br />results in escape or establishment, the offender <br />may be subject to fines "based upon the cost of <br />the development and implementation" of a pro- <br />gram of capture, control or eradication. Liability <br />will be discussed in more detail under "Permit <br />Systems" but, for illegal introductions, others <br />suggested that the introducer should be liable for <br />direct reimbursement of such costs as damage to <br />other fish and wildlife resources and damage <br />assessment costs as well as the cost of removal or <br />control. <br />31 <br />