Presidential Documents

Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Presidential Documents 6183

Executive Order 13112 of February 3, 1999

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.

(c) ‘‘Ecosystem’’ means the complex of a community of organisms and

its environment.

(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.
6184 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Presidential Documents

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 authorities to: (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 consideration 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;
Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Presidential Documents 6185

(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;

(c) develop recommendations for international cooperation in 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 CoChairs 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 Management 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
6186 Federal Register / Vol. 64, No. 25 / Monday, February 8, 1999 / Presidential Documents

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

[FR Doc. 99–3184

such requirements is necessary for foreign policy or national security reasons.

THE WHITE HOUSE,

February 3, 1999.

œ–

Filed 2–5–99; 8:45 am]

Billing code 3195–01–P