execorder

Update: 3 October 2000: INVASIVE SPECIES REPORT AVAILABLE, COMMENTS SOUGHT - Pursuant to Executive Order 13112, the National Invasive Species Council has announced the availability of the draft of the National Invasive Species Management Plan, ``Meeting the Challenge'' for public review and comment for a period of 45 days. The Executive Order set up an inter-agency council to prevent and control invasive species to minimize their economic, ecological and human health impacts. The Council is co-chaired by the Secretaries of Agriculture, Commerce and the Interior; and includes the Departments of State, Transportation, the Treasury and the Environmental Protection Agency. The Plan seeks to address invasive species in the areas of prevention, coordination, control, rapid response, monitoring, and information sharing.

The Council is seeking comments on the draft Plan, which can be obtained via the Council's website: www.invasivespecies.gov; by contacting the Council Staff at 202-208-6336 (phone); 202-208-1526 (Fax); or by e-mail at invasivespecies@ios.doi.gov. Comments can be submitted to the Council Staff at the fax, e-mail, or mailing address given above. All Comments must be received by close of business (6:00 p.m.-- eastern time) on December 1, 2000 (deadline extended on 16 November 2000).

PRESIDENT CLINTON EXPANDS FEDERAL EFFORTS TO COMBAT BIOLOGICAL INVADERS:
EXECUTIVE ORDER 13112 OF FEBRUARY 3, 1999 ON INVASIVE SPECIES

THE WHITE HOUSE

Office of the Press Secretary
For Immediate Release
February 3, 1999

STATEMENT BY THE PRESIDENT

Today, I am signing an Executive Order directing federal agencies to expand and coordinate their efforts to combat a serious environmental threat: the introduction and spread of plants and animals not native to the United States.

Many Americans are all too familiar with gypsy moths and other non-native insects that devour our gardens and trees. Few realize, however, that countless other non-native plants and animals are upsetting nature's balance, squeezing out native species, causing severe economic damage, and transforming our landscape. Those affected range from Western ranchers plagued by a weed called leafy spurge to Chicago homeowners whose stately maple trees have fallen prey to the Asian
long-horned beetle. Some experts estimate the cost to the American economy to be as high as $123 billion a year.

The Executive Order mobilizes the federal government to defend against these aggressive predators and pests. Led by the Departments of the Interior, Agriculture, and Commerce, federal agencies will work together to prevent the introduction of non-native species and control those already here. My fiscal year 2000 budget proposes an additional $29 million to support these efforts, and I urge Congress to join us in protecting our economy and our natural heritage against the threat of
non-native species.

* * * * *
EXECUTIVE ORDER 13112:
BACKGROUND AND ANALYSIS

        Gordon A. Brown
        Invasive Species Coordinator
        U.S. Department of Interior

President Clinton signed Executive Order 13112 on February 3, 1999, to increase federal coordination and action to address the growing environmental and economic threat of invasive species, plants and animals that are not native to the ecosystems of the United States. Interior Secretary Bruce Babbitt, Agriculture Secretary Dan Glickman, and Commerce Under Secretary James Baker announced the signing at the National Geographic Society accompanied by eminent Harvard biologist Dr. Edward O. Wilson. The order establishes a strategic framework to bring science and technology advances to the management of the nation's
infested lands and waters by enhancing collaboration between governmental and non-governmental stakeholders.

BACKGROUND
Invasive species are transforming America's landscape. Foreign animal and plant species are replacing native wildlife and wreaking enormous financial and ecological damage. Alien species invasions are second only to habitat destruction in causing species to be endangered, and estimates of economic harm from these biological invaders run as high as $123 billion annually. Among other things, invasive species crowd out nutritious native forage, create fire hazards, limit recreation, clog lakes and waterways, undermine fisheries, and corrupt water pipes.

Alien species causing harm include weeds like thistles and leafy spurge, which cattle cannot eat; purple loosestrife, which chokes wetlands; miconia, which may destroy the Hawaiian rainforest; and melaleuca trees now expanding across the Everglades. Animals are also problems, such as the zebra mussel, corrupting water supply facilities, the brown tree snake, which has extirpated forest birds on Guam, and the Asian tiger mosquito.

Diverse stakeholders such as the National Cattlemen's Beef Association and The Wilderness Society are united in the need to address this problem. Those affected recognize that the problem is bad and getting worse. Global pathways for invasion are multiplying rapidly. Federal authorities and programs are an incomplete patchwork. Action is needed.

ADMINISTRATION INITIATIVE
On June 17, 1997, Vice President Gore directed preparation of an Administration strategy to combat introduction and spread of plants and animals that are not native to ecosystems in the United States and which are now causing or could potentially cause great economic and ecological harm to our nation. The Vice President asked the Departments of Interior, Agriculture and Commerce to prepare the strategy in consultation with the Council on Environmental Quality and Office of
Science and Technology Policy in the Executive Office of the President.

An ad hoc Invasive Species Task Force ("Task Force") was formed in response to the Vice President's request and prepared a Draft Action Plan. The Plan briefly describes the problems caused by alien species and reviews needs, shortcomings and key issues. It sets forth goals, objectives, and principles for actions followed by recommendations on institutional arrangements and specific actions including:

        1.      Listings;
        2.      Preventing entry;
        3.      Detection;
        4.      Rapid assessment and eradication;
        5.      Control, restoration, and monitoring;
        6.      Cross-cutting research and technology;
        7.      National information needs;
        8.      Partnerships, education and outreach;
        9.      International cooperation;
        10.     Fund raising and financial responsibility.

Invasive Species Executive Order

In the course of its work, the Task Force reached a consensus on the need for an executive order on invasive species to create a framework for planning and coordination involving all stakeholders, defined to include State, tribal, local government agencies, academic institutions, the scientific community, non-governmental entities including environmental, agricultural, and conservation organizations, trade groups, commercial interests, and private landowners. The Executive Order aims to prevent the introduction of invasive species and provide for their control, and to minimize the economic, ecological, and human health impacts which invasive species cause. The Order outlines Federal agency duties, creates a new Invasive Species Council and defines its duties, and directs creation of an Invasive Species
Management Plan.

Federal Agency Duties

Agencies whose actions may affect the status of invasive species will have to identify such actions. A good example involves post-fire remediation. Now, land managers will have to account for the possible risks of invasion if non-native seed mixes are used for remediation. In addition, Federal agencies will be expected to use programs and authorities to:

        (1)     prevent the introduction of invasive species;
        (2)     detect and respond rapidly and to control populations of such species in a cost-effective and environmentally sound manner;
        (3)     monitor invasive species populations accurately and reliably;
        (4)     provide for restoration of native species and habitat conditions in ecosystems that have been invaded;
        (5)     conduct research on invasive species and develop technologies to prevent introduction and provide for environmentally sound control of invasive species;
        (6)     promote public education on invasive species and the means to address them.

The order directs agencies not to authorize, fund or carry out any action likely to cause or promote the introduction or spread of invasive species in the United States or elsewhere. Of course, agencies can make a public determination that the benefits outweigh the potential harm and then make sure that prudent measures to minimize harm will be taken concurrently.

Federal agencies are expected to consult with the Invasive Species Council and undertake actions consistent with the Invasive Species Management Plan and in cooperation with stakeholders.

Invasive Species Council

The Executive Order establishes an Invasive Species Council to be co-chaired by the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce. The Council will include the Secretaries of Defense, State, Transportation, Treasury, and the Administrator of the Environmental Protection Agency.

The Secretary of the Interior will establish an advisory committee in consultation with the members of the council to provide information and advice for consideration including recommended plans and actions at local, state, regional, and ecosystem-based levels. The stakeholder Committee will act in cooperation with other stakeholders and existing organizations to achieve the goals of the Management Plan.

Duties of the Council

The Council will provide national leadership and will:

(1) oversee implementation of the Order and see that Federal agency activities concerning invasive species are coordinated, complementary, cost-efficient, and
effective, (relying to the extent feasible and appropriate on existing organizations such as the Aquatic Nuisance Species Task Force, the Federal Interagency Committee for the Management of Noxious and Exotic Weeds, and the Committee on Environment and Natural Resources);

(2) encourage planning and action in cooperation with stakeholders;

(3) develop recommendations for international cooperation in addressing invasive species;

(4) develop, in consultation with the Council on Environmental Quality, guidance to Federal agencies under NEPA on prevention and control of invasive species, including the procurement, use, and maintenance of native species;

(5) facilitate development of a coordinated network among agencies to document, evaluate, and monitor impacts from invasive species on the economy, the
environment, and human health;

(6) facilitate establishment of a coordinated, up-to-date Internet-based network facilitating access to and exchange of invasive species information; and

(7) prepare and issue a national Invasive Species Management Plan.

Invasive Species Management Plan

The National Invasive Species Management Plan will be developed through a deliberative public process, and it will be issued in eighteen months. It will include (1) a review of existing and prospective approaches and authorities for preventing introductions, including those for identifying pathways, (2) research needs, and (3) recommend measures to minimize the risk that introductions will occur utilizing a science-based process to evaluate risks. If the recommended measures are
not authorized by current law, the Council will develop and recommend to the agencies legislative proposals for necessary changes.

The Council will update the Management Plan biennially and concurrently evaluate and report on success in achieving its goals and objectives. This puts the plan before the public and assures a level of accountability. The Plan will identify the personnel and other resources and additional levels of coordination needed, and it will be submitted to OMB for consideration in the budget process. Within eighteen months after measures have been recommended in any edition of the Management Plan, Federal agencies will be expected to take the actions recommended or provide the Council with an explanation of why the action is not feasible. And, finally, at least once every 5 years, the Council will report to OMB on the effectiveness of the order and whether the order should be revised. The Order revokes Executive Order 11987 of May 24, 1977, on Exotic Organisms.

FOR MORE INFORMATION:

Please contact Gordon Brown at the U.S. Department of the Interior, 1849
C St., NW, Room 6635, Washington, DC 20240. PHONE: 202-208-6336, FAX:
202-219-0229, EMAIL: <a_gordon_brown@ios.doi.gov>.

EXECUTIVE ORDER

- - - - - - -

INVASIVE SPECIES

By the authority vested in me as President by the Constitution and the laws of the United States of America, including the National Environmental Policy Act of 1969, as amended (42 U.S.C. 4321 et seq.), Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990, as amended (16 U.S.C. 4701 et seq.), Lacey Act, as amended (18 U.S.C. 42), Federal Plant Pest Act (7 U.S.C.150aa et seq.), Federal Noxious Weed Act of 1974, as amended (7 U.S.C.2801 et seq.), Endangered Species Act of 1973, as amended (16 U.S.C. 1531 et seq.), and other pertinent statutes, to prevent the introduction of invasive species and provide for their control and to minimize the economic, ecological, and human health impacts that invasive species cause, it is ordered as follows:

     Section 1. Definitions.
     (a) "Alien species" means, with respect to a particular ecosystem,any species, including its seeds, eggs, spores, or other biological material capable of propagating that species, that is not native to that ecosystem.
     (b) "Control" means, as appropriate, eradicating, suppressing, reducing, or managing invasive species populations, preventing spread of invasive species from areas where they are present, and taking steps such as restoration of native species and habitats to reduce the effects of invasive species and to prevent further invasions.

(d) "Federal agency" means an executive department or agency, but does not include independent establishments as defined by 5 U.S.C. 104.

(e) "Introduction" means the intentional or unintentional escape, release, dissemination, or placement of a species into an ecosystem as a result of human activity.

(f) "Invasive species" means an alien species whose introduction does or is likely to cause economic or environmental harm or harm to human health.

(g) "Native species" means, with respect to a particular ecosystem, a species that, other than as a result of an introduction, historically occurred or currently occurs in that ecosystem.

(h) "Species" means a group of organisms all of which have a high degree of physical and genetic similarity, generally interbreed only among themselves, and show persistent differences from members of allied groups of organisms.

(i) "Stakeholders" means, but is not limited to, State, tribal, and local government agencies, academic institutions, the scientific community, nongovernmental entities including environmental, agricultural, and conservation organizations, trade groups, commercial interests, and private landowners.

(j) "United States" means the 50 States, the District of Columbia, Puerto Rico, Guam, and all possessions, territories, and the territorial sea of the United States.

Sec. 2. Federal Agency Duties.

    (a) Each Federal agency whose actions may affect the status of invasive species shall, to the extent practicable and permitted by law,
        (1) identify such actions;
        (2) subject to the availability of appropriations, and within Administration budgetary limits, use relevant programs and authoritiesto: (i) prevent the introduction
        of invasive species; (ii) detect and respond rapidly to and control populations of such species in a cost-effective and environmentally sound manner;
        (iii) monitor invasive species populations accurately and reliably; (iv) provide for restoration of native species and habitat conditions in ecosystems that
        have been invaded; (v) conduct research on invasive species and develop technologies to prevent introduction and provide for environmentally sound control
        of invasive species; and (vi) promote public education on invasive species and the means to address them; and
        (3) not authorize, fund, or carry out actions that it believes are likely to cause or promote the introduction or spread of invasive species in the United States or
        elsewhere unless, pursuant to guidelines that it has prescribed, the agency has determined and made public its determination that the benefits of such actions
        clearly outweigh the potential harm caused by invasive species; and that all feasible and prudent measures to minimize risk of harm will be taken in conjunction
        with the actions.

(b) Federal agencies shall pursue the duties set forth in this section in consultation with the Invasive Species Council, consistent with the Invasive Species Management Plan and in cooperation with stakeholders, as appropriate, and, as approved by the Department of State, when Federal agencies are working with international organizations and foreign nations.

Sec. 3. Invasive Species Council.

(a) An Invasive Species Council (Council) is hereby established whose members shall include the Secretary of State, the Secretary of the Treasury, the Secretary of Defense, the Secretary of the Interior, the Secretary of Agriculture, the Secretary of Commerce, the Secretary of Transportation, and the Administrator of the Environmental Protection Agency. The Council shall be Co-Chaired by the Secretary of the Interior, the Secretary of Agriculture, and the Secretary of Commerce. The Council may invite additional Federal agency representatives to be members, including representatives from subcabinet bureaus or offices with significant responsibilities concerning invasive species, and may prescribe special procedures for their participation. The Secretary of the Interior shall, with concurrence of the Co-Chairs, appoint an Executive Director of the Council and shall provide the staff and administrative support for the Council.

(b) The Secretary of the Interior shall establish an advisory committee under the Federal Advisory Committee Act, 5 U.S.C. App., to provide information and advice for con-sidera-tion by the Council, and shall, after consultation with other members of the Council, appoint members of the advisory committee representing stakeholders. Among other things, the advisory committee shall recommend plans and actions at local, tribal, State, regional, and ecosystem-based levels to achieve the goals and objectives of the Management Plan in section 5 of this order. The advisory committee shall act in cooperation with stakeholders and existing organizations addressing invasive species. The Department of the Interior shall provide the administrative and financial support for the advisory committee.

Sec. 4. Duties of the Invasive Species Council. The Invasive Species Council shall provide national leadership regarding invasive species, and shall:

(a) oversee the implementation of this order and see that the Federal agency activities concerning invasive species are coordinated, complementary, cost-efficient, and effective, relying to the extent feasible and appropriate on existing organizations addressing invasive species, such as the Aquatic Nuisance Species Task Force, the Federal Interagency Committee for the Management of Noxious and Exotic Weeds, and the Committee on Environment and Natural Resources;

(b) encourage planning and action at local, tribal, State, regional, and ecosystem-based levels to achieve the goals and objectives of the Management Plan in section 5 of this order, in cooperation with stakeholders and existing organizations addressing invasive species;

(d) develop, in consultation with the Council on Environmental Quality, guidance to Federal agencies pursuant to the National Environmental Policy Act on prevention and control of invasive species, including the procurement, use, and maintenance of native species as they affect invasive species;

(e) facilitate development of a coordinated network among Federal agencies to document, evaluate, and monitor impacts from invasive species on the economy, the environment, and human health;

(f) facilitate establishment of a coordinated, up-to-date information-sharing system that utilizes, to the greatest extent practicable, the Internet; this system shall facilitate access to and exchange of information concerning invasive species, including, but not limited to, information on distribution and abundance of invasive species; life histories of such species and invasive characteristics; economic, environmental, and human health impacts; management techniques, and laws and programs for management, research, and public education; and

(g) prepare and issue a national Invasive Species Management Plan as set forth in section 5 of this order.

Sec. 5. Invasive Species Management Plan.

(a) Within 18 months after issuance of this order, the Council shall prepare and issue the first edition of a National Invasive Species Management Plan (Management Plan), which shall detail and recommend performance-oriented goals and objectives and specific measures of success for Federal agency efforts concerning invasive species. The Management Plan shall recommend specific objectives and measures for carrying out each of the Federal agency duties established in section 2(a) of this order and shall set forth steps to be taken by the Council to carry out the duties assigned to it under section 4 of this order. The Management Plan shall be developed through a public process and in consultation with Federal agencies and stakeholders.

(b) The first edition of the Management Plan shall include a review of existing and prospective approaches and authorities for preventing the introduction and spread of invasive species, including those for identifying pathways by which invasive species are introduced and for minimizing the risk of introductions via those pathways, and shall identify research needs and recommend measures to minimize the risk that introductions will occur. Such recommended measures shall provide for a science-based process to evaluate risks associated with introduction and spread of invasive species and a coordinated and systematic risk-based process to identify, monitor, and interdict pathways that may be involved in the introduction of invasive species. If recommended measures are not authorized by current law, the Council shall develop and recommend to the President through its Co-Chairs legislative proposals for necessary changes in authority.

(c) The Council shall update the Management Plan biennially and shall concurrently evaluate and report on success in achieving the goals and objectives set forth in the Manage-ment Plan. The Management Plan shall identify the personnel, other resources, and additional levels of coordination needed to achieve the Management Plan's identified goals and objectives, and the Council shall provide each edition of the Management Plan and each report on it to the Office of Management and Budget. Within 18 months after measures have been recommended by the Council in any edition of the Management Plan, each Federal agency whose action is required to implement such measures shall either take the action recommended or shall provide the Council with an explanation of why the action is not feasible. The Council shall assess the effectiveness of this order no less than once each 5 years after the order is issued and shall
report to the Office of Management and Budget on whether the order should be revised.

Sec. 6. Judicial Review and Administration.

(a) This order is intended only to improve the internal management of the executive branch and is not intended to create any right, benefit, or trust responsibility, substantive or procedural, enforceable at law or equity by a party against the United States, its agencies, its officers, or any other person.

(b) Executive Order 11987 of May 24, 1977, is hereby revoked.

(c) The requirements of this order do not affect the obligations of Federal agencies under 16 U.S.C. 4713 with respect to ballast water programs.

(d) The requirements of section 2(a)(3) of this order shall not apply to any action of the Department of State or Department of Defense if the Secretary of State or the Secretary of Defense finds that exemption from such requirements is necessary for foreign policy or national security reasons.

WILLIAM J. CLINTON

THE WHITE HOUSE,
February 3, 1999.

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