Executive Orders on Invasive Species

As of January 20, 2017 we have a new administration in the White House, and with that has come a slew of executive orders. For better or worse, U.S. Presidents have the authority to issue orders that direct the policies and procedures of the agencies that make up the Federal government. Such orders have the same effect as federal laws. Thankfully, the U.S. Constitution sets up a system of checks and balances that keep one branch of government from exercising too much power over the others. In this way, executive orders can be challenged and, if necessary, overturned.

Of course, I don’t intend for this to be a political debate. There are plenty of other places out there that can take you down that rabbit hole. This is simply an introduction to invasive species and their run-ins with executive power. As evidence has mounted against invasive species, demonstrating the threat they can pose to human health and safety as well as to the economic well being of the nation, both state and federal governments have created laws and issued orders concerning them. Examples of such legislation include the Federal Noxious Weed Act of 1974 (which was superseded in 2000 by the Plant Protection Act) and the National Invasive Species Act (which deals specifically with ballast water management). Legislation such as this directs the actions of state and federal agencies in an effort to minimize the introduction and spread of invasive species and reduce the harm they may be having.

Executive Order 13112, issued by President Bill Clinton on February 3, 1999, gave further direction to Federal agencies in the nation’s ongoing battle against invasive species. One of its main directives was to create the National Invasive Species Council which, among other things, would be responsible for developing a National Invasive Species Management Plan.

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The order begins by defining a few terms, including “alien species” (“any species…that is not native to that ecosystem”), “introduction” (“the intentional or unintentional escape, release, dissemination, or placement of a species into an ecosystem as a result of human activity”), “invasive species” (“an alien species whose introduction does or is likely to cause economic or environmental harm or harm to human health”), and “native species” (“a species that, other than as a result of an introduction, historically occurred or currently occurs in that ecosystem”).

Section 2 of the order describes the duties of Federal agencies “whose actions may affect the status of invasive species.” These include monitoring invasive species, preventing their introduction, controlling them in a “cost-effective and environmentally sound manner,” restoring native species, conducting research on invasive species, and promoting public awareness about the issue.

Section 3 establishes the National Invasive Species Council, and Section 4 describes its duties. The Secretaries of Interior, Agriculture, and Commerce are assigned as Co-Chairs of the council, and several other agencies are listed as council members. The council is directed to “oversee the implementation of this order” and, among other things, “prepare and issue a national Invasive Species Management Plan.”

Section 5 describes what the management plan should include and when it should be completed. The plan will include “performance-oriented goals and objectives and specific measures of success for Federal agency efforts concerning invasive species,” and should also provide a “science-based process to evaluate risks associated with introduction and spread of invasive species.” The Council was also directed to “assess the effectiveness of this order no less than once each 5 years” after its issuance.

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Seventeen years and ten months after this order was issued, President Barack Obama issued an order that amended Executive Order 13112 and directed “actions to continue coordinated Federal prevention and control efforts related to invasive species.” It maintained the National Invasive Species Council while also expanding its membership and updating its duties. It also emphasized the impacts that invasive species can have on human health, specifically calling out “those species that are vectors, reservoirs, and causative agents of disease.” Additionally, it warned that “climate change influences the establishment, spread, and impacts of invasive species,” a subject that wasn’t addressed in the original order, and it encouraged making greater use of “technological innovation,” which had advanced considerably in seventeen years.

Collaboration appears to be a major theme of Obama’s amended order. In a couple different sections, “open data” is advised, as well as a call for Federal agencies to “develop, share, and utilize similar metrics and standards, methodologies, and databases,” and to “facilitate the interoperability of information systems.” The Feds are advised to use “tools such as challenge prizes, citizen science, and crowdsourcing” – a call that encourages more public involvement in the issue.

Both of these orders are worth reading for yourself. Clearly, government agencies take the threat of invasive species seriously. Perhaps in future posts we will explore some of the specific actions that these agencies are taking and the responsibilities they have regarding invasive species.

See Also: Introducing Invasive Species