Abstract
Part II of this note looks at the consequences associated with the introduction of injurious NIS. Part III examines the legal background of, and the authority for, the proposed Florida NIS statute in terms of its constitutionality and as legislation in aid of the Florida Game and Freshwater Fish Commission (FGFFC) and the citizens suit enforcement provision of the statute. Part IV discusses the impact of the proposed NIS statute on interstate commerce in terms of the doctrine of nondiscrimination, state economic protectionism, and the market-participant doctrine, as applied to the introduction and management of exotic species in Florida. Part V focuses on the impact of the proposed NIS statute on international trade in exotic species. Part VI scrutinizes the scope and limitations of the Lacey Act. Part VII examines the jurisdictional expansion of the Lacey Act to apply extraterritorially in light of the effects test, the international law principle of sovereign jurisdiction, and the marriage of the Lacey Act to international treaties. Finally, part VIII proposes the amendment of the Lacey Act to incorporate the approach used in the proposed NIS statute.
Recommended Citation
Baruch, Shannon K.
(1995)
"The Proposed Florida Nonindigenous Species Statute: A Salvation for the Lacey Act,"
Florida Journal of International Law: Vol. 10:
Iss.
1, Article 7.
Available at:
https://scholarship.law.ufl.edu/fjil/vol10/iss1/7