Water Log 19.1

Executive Order Attacks Exotics

President William J. Clinton, Executive Order 13112, 64 Fed. Reg. 6183 (1999).

Kristen M. Fletcher, J.D., LL.M.

The Federal government waged war on aliens in February, documented by President Clinton's Executive Order promising Federal efforts to combat the quiet influx of exotic species. Exotics, or nonindigenous species, are defined as any species, including its seeds, eggs, spores, or other biological material capable of propagating the species, that is not native to an ecosystem. Exotics are generally those occurring outside their native ranges in a given place as a result of actions by humans. This allows distinction between changes to natural resources caused by natural processes, such as natural range expansions and contractions, and those changes caused by humans.

Exotic species, sometimes referred to as "smart pollution," are not healed by time like other kinds of environmental degradation. Rather, established exotics continue to entrench themselves and spread. As they spread, they erode necessary ecosystem boundaries, destroying natural ecosystem integrity which allows different living things to evolve in different places. This process destroys parts of the earth's natural resources base and becomes a social menace.

The management of exotic species must combine scientific expertise and developments with the authority to halt introductions. The science differs from species to species because the avenue of introduction, method of establishing a colony, and the ultimate impact on the ecosystem vary. But, certain common factors are crucial to the understanding of exotics. A "bioinvasion" occurs when a plant or animal is released into a new environment and finds conditions to its liking.¹ According to exotics researcher Chris Bright, if the exotic encounters no effective competitors, predators or diseases in its new range, it may undergo a population explosion. In the process, it may out-compete native species for some essential resource. If it's a microbe, it may infect, them; if it's a predator, it simply may eat them.²

Scientists and policy-makers alike recognize that invasion is actually a natural, ancient process. But, the human factor has increased the transport and exchange of exotic species at an exponential rate. In today's world, this includes the purposeful introduction of a species in order to manage another and the inadvertent spread of a species. Whether purposeful or not, it has become evident that the integration of the global economy is spreading creatures around the globe in ship ballast water, in containers, and in commodities themselves. With these warning signs, a coherent policy designed for the long-haul is necessary but difficult to accomplish.

The Executive Order attempts to do this by supplementing Federal activities authorized under the 1990 Nonindigenous Aquatic Nuisance Prevention and Control Act and the 1996 National Invasive Species Act which, among other efforts, called for the prevention of the introduction and spread of exotic species into U.S. waters through the ballast waters of commercial vessels. The Order establishes an Invasive Species Council with members representing the Departments of Commerce, Interior, Agriculture, Defense, State, Treasury, and Transportation. The Council will take the lead in overseeing implementation of the Order and "seeing that the Federal agency activities concerning invasive species are coordinated, complementary, cost-efficient, and effective . . .."³ These duties include developing guidance for the prevention and control of invasive species and the establishment of an Internet-based information sharing system to disseminate invasive characteristics, economic, environmental, and human health impacts, and management, research, and public education techniques.Finally, the Council has 18 months to issue the National Invasive Species Management Plan to recommend goals and specific measures for Federal Agency efforts concerning invasive species. The Order sets out the goals for the Management Plan:

. Review existing and prospective approaches and authorities for preventing the introduction and spread of invasive species;

. Identify pathways by which invasive species are introduced and methods to minimize the risk of introduction;
 

. Provide a science-based process to evaluate risks associated with introduction and spread of species; and

. Provide for a coordinated and systematic risk-based process to identify, monitor, and interdict such pathways.⁴

Due in August of 2000, policy makers hope that the coordinated efforts of Federal agencies will advance methods to prevent the introduction and spread of exotics in order to minimize the economic, ecological, and human health impacts that invasive species cause.

For the full text of the Executive Order and a comprehensive listing of internet links to valuable exotic species websites, visit the Legal Program website at www.olemiss.edu/pubs/waterlog .

Endnotes

1. Worldwatch Institute Press Release, Chris Bright, Global Economy Spreading Destructive Species: The Invisible Threat of Bioinvasion, on file with author (1998).

2. Id. at 2, citing Chris Bright.

3. President William J. Clinton, Executive Order 13112 § 4(a), 64 Fed. Reg. 6183 (1999).

4. Id. at § 5(b).
 
 

University of Mississippi