Invasive Species: Issues in Brief
Released: 2015-05-22T00:00:00

Introduction

A full list of the damaging biological and economic effects of invasive plants and animals risks sounding like hyperbole. It includes loss of western rangelands to invasive plants, blockage of power plant intakes to invasive mussels, and major declines of birds and mammals to invasive snakes in the Everglades. So vast is this "bioinvasion" (as some have termed it) that only rough estimates can be made of the numbers of non-native species now in North America or in the rest of the world. Moreover, despite a few rare successes, eradication of these species, once they become established, is extremely improbable. But because of the number and variety of non-native species, it is unclear how best to manage or prevent these effects or what legislation would be needed to address these problems.

Laws concerning wild plants and animals do not form a comprehensive body at the federal level. Under the U.S. system, inherited from English legal tradition, the government regulates the taking of native wild animals generally while landowners control the native (and other) plants growing on their lands. Thus, colonial governments regulated native wild animals (to the extent there was regulation of the take of wild animals at all) and, after the U.S. Constitution was ratified, states retained the rights they had as colonies to control the wildlife within their boundaries.

With states retaining the regulation of wildlife, the majority of wild plant and animal species are not federal responsibilities under current law. Moreover, because the problem of invasive species presents itself as a series of seemingly disconnected crises, legislation has become a patchwork, enacted as each crisis was addressed. The absence of a general federal responsibility for wildlife affects the federal role in addressing invasive species.

A local or state government, faced with the recent arrival of a new invasive speciesâwhether terrestrial, freshwater, or marine; plant or animal; agricultural pest or recreational nuisanceâhas no single source to query to begin its response or guide it through a maze of options. Moreover, federal help, especially any timely help in the weeks or months after initial discovery, is rare to nonexistent and, if forthcoming, focuses more on information and less on practical assistance.

The National Invasive Species Council (NISC) was created by Executive Order 13112 in 1999, and has addressed some aspects of the invasive species problem. It has taken steps toward sharing more information across governments and with the public. NISC asks specific agencies to take the lead in developing policies within their existing legislative mandates. In its 2008-2012 report, NISC outlined a set of actions to address the bulk of existing problems. These actions include developing legislative proposals to fill gaps in current law. However, legislative efforts to date have tended to focus on well-established problems: the invasion of a single species, a specific pathway of introduction, or damage or risks to agriculture.

Unusually Susceptible Habitats

Invasive species occur throughout the United States, but some ecosystems are more susceptible to invasion than others. Hawaii and Florida are perhaps the major examples of this phenomenon in the United States. Both states have many threatened and endangered species and, not coincidentally, many invasives, and both were long isolated biologically and have a number of native species found nowhere else. The mild climates of Hawaii and Florida make it easier for the rich flora and fauna from other tropical and semitropical regions to survive, and they also make the states attractive to businesses that import, maintain, or breed non-native animals and plants, such as tropical fishes and ornamental plants.

Another factor putting some environments at risk is the plethora of opportunities for new introductions. Easy transportation access increases the likelihood of invasion in aquatic habitats such as the Great Lakes. Seaports, where many ships exchange ballast water, are at particular risk. Even if only a tiny fraction of newly arriving non-native species survive in San Francisco Bay or Chesapeake Bay, the actual number of successful invasive species may be very large. The areas around airports, with increased levels of international traffic and tourism, also are at risk.

Pathways of Invasion

Between or within countries, some pathways for species invasions already are well-known. They include transportation corridors, intentionally imported non-native pets, landscaping plants, aquaculture, and non-native organisms deliberately released for propagation in the wild.

To some extent, the pathways of invasion between countries can be predicted. For example, brown tree snakes have a propensity to hide in dark places, and the damage they have caused on Pacific islands such as Guam has done much to focus attention on air stowaways. The arrival of a number of beetle species has played a similar role in focusing attention on pallet wood, packing crates, live plants, and airport warehouses as pathways and centers of biotic invasion. Legally shipped live animals or plants may harbor microorganisms, parasites, or seeds that pose a danger to other species, even if the animal or plant itself does not survive in the wild. In general, any arrival of living or untreated material offers a possible pathway for biotic invasion. A comprehensive review of possible pathways, their risks, options for control, and research needs is, to the authors' knowledge, currently lacking.

Predicting an Invasion: Black and White?

Federal laws have tended to focus on black lists (anything not on the list is allowed) in contrast to white lists (anything not on the list is excluded). Each requires some, or even considerable, knowledge of the species to be listed to predict the likelihood of invasion.

A black list can be prepared in various ways, but usually it is made up of species already shown to cause serious damage to fisheries, endangered species, or (especially) agriculture. This evidence may be based on experience with the species domestically or in other countries. Preventing the spread of the species after it enters the United States may rely on public education, penalties for shippers, monitoring, and other means. In general, black lists require time to gather information on the damage created by the species and then proceed through a regulatory response. This approach allows more flexibility for industries that depend on the importation of new species of plants or animals. Black lists do not readily address introductions by persons who are unaware that they are bringing in non-native organisms.

With the white list approach, there is an attempt to predict potential harm before a species' arrival. The prediction would be based on known characteristics of a species, such as how it reproduces, the number of seeds or offspring, etc. Any species not on the list would be excluded. The mongoose, for example, has a history of becoming a pest on islands where it has been introduced. It seems unlikely that the mongoose would ever be placed on a (white) list of allowable species. In contrast, new varieties of orchids, sheep, tulips, or any other species with a long track record in this country likely would gain admission.

The existence of a list, whether white or black, implies that importers actually know they are importing living organisms. An effort to prevent unintentional introductions would be compatible with any shade of list or no list at all. Potential pathways for unintentional introductions continue to be discovered, and there are likely other pathways yet to be determined.

Issues for Congress: Actions and Approaches

Federal laws concerning invasive species form a patchwork, stronger in some areas, such as agriculture and ballast water, and weaker or absent in other areas. Current laws do not clearly address

prevention of biological invasion across foreseeable pathways (with the exception of ship ballast water); or early detection and rapid response (EDRR) before the establishment of the new species, when the focus of effort shifts from less expensive prevention to more expensive and less efficient control.

Coordination of current efforts alone means that gaps will remain if they are due to lack of coverage by existing laws or agency jurisdiction. Congress could choose to address these gaps either by explicitly delegating such authority to the President or by crafting legislation.

Federal Agency Actions: Patchwork and Gaps

NISC has become the focus for federal efforts to control and prevent invasive species affecting a broad range of industries or ecosystems. However, gaps in authorities or shortages of personnel that have hampered efforts to limit the entrance of and damage from invasive species continue. Four agencies have had major roles in addressing invasive species for many years: Animal and Plant Health Inspection Service (APHIS), U.S. Army Corps of Engineers, Fish and Wildlife Service (FWS), and National Marine Fisheries Service. Yet even for these four agencies, important gaps in their authorities remain.

Approaches to Regulation: Species-by-Species Versus Pathways

Legislation to address invasive species could take a species-by-species approach, a pathway approach, or a combination of the two. The species approach implicitly assumes knowledge about a species' risk (black list) or safety (white list). A central dilemma, however, is the difficulty in making this prediction. Moreover, it assumes knowledge that a particular species actually is being imported. A pathway approach does not assume knowledge about any particular species, only that a particular set of circumstances favors the arrival of unwanted organisms.

Some agencies, including APHIS and FWS, analyze the risk presented by particular species that may become invasive. However, addressing the multitude of agricultural pests relies on scarce agency resources at APHIS. In addition, FWS has been criticized for its slow response to the blacklisting of species under the Lacey Act. Both agencies would benefit from faster assessments of either species or pathways so they could direct resources to the most critical areas.

Regulation by pathway is an approach suited to unintentional or unknowing introductions, as no list needs to be created. Among the most comprehensive pathway approaches to date has been the Non-indigenous Aquatic Nuisance Prevention and Control Act. Its goals put prevention on an equal or higher footing compared with control of species that are already established. It requires the participation of several federal agencies, promotes research, and implements regulations on the mid-ocean exchange of ballast water and other measures to exclude invasives from U.S. ports.

Future Legislative or Policy Options

A review of writings by various specialists in this field suggests a number of areas that might be explored by policymakers. The list below is compiled from many sources. Not all would require new legislation; some might benefit from congressional oversight.

Research to identify pathways . Research goals in this area might overlap with research designed to prevent certain kinds of security threats and might benefit from cooperation with agencies involved in antiterrorism programs. Expert review of planned releases . Panels of experts might be created to analyze risks and make recommendations on planned releases by governmental or nongovernmental sources into any environment in which species are not native. According to NISC, steps along these lines are planned. For instance, experts could provide a public warning on planned releases of exotic grasses by federal agencies or of non-native game fish. In addition, various exotic plants are proposed as feedstocks for biofuels, and such a release might benefit from expert review. Education al campaign . An educational campaign to prevent inadvertent acts by the public might help prevent some invasive species introductions. This type of approach might be particularly effective at preventing releases of exotic pets and aquarium species after the point of sale. Warning list . An informational warning list (or gray list ) of species might be created by the collaboration of federal and state agencies. The warning list might include species currently restricted under state laws, species thought to be newly arrived from other countries, and other species felt to merit special attention by regulators. Although a gray list would lack regulatory force at the federal level, it could be designed to provide information on species whose eradication or control is in its early phases. Review of industries dependent on importing and transferring non-native species . Such a review could include a focus on cooperative methods to reduce releases after the point of sale. The focus of past efforts has tended to be on the entry of these species into the United States. To protect their businesses, import-dependent industries naturally have tried to reduce current obstacles and to prevent imposition of new ones. Yet there are other avenues to reduce risk besides prohibition. These avenues might include incentives for the sale of sterile animals or plants only or efforts to create point-of-sale educational programs about the risk of, or penalties for, releasing pets or plants into the wild. Measures to reduce the risk of exporting invasive species . The United States might take further internal steps to avoid exporting potentially invasive species to other countries. These measures could be as simple as preventing their accidental export in bilateral aid programs or certifying that identified U.S. products (e.g., used tires) are free of pests. Such certification is done for agricultural shipments. A review might examine disaster aid and emergency relief, for example; in the rush to provide humanitarian relief, shipments of supplies, equipment, and personnel may inadvertently introduce diseases or pests unknown in the receiving country. Because such supplies sometimes are prepared for shipment in advance, they could be examined to reduce the risk of such transfers. Multi-agency federal or cooperative center for first - strike prevention and control . Since the creation of NISC, agencies have begun to respond across a broad front in the days, weeks, or months after an invasion is discovered. NISC is beginning to model its efforts on interagency fire management, a federal program that has long faced similar issues. It seems possible that a similar center devoted to first-strike prevention and control of invasive species, regardless of affected industry, ecosystem, or lead agency, could provide critical support at a time when eradication of a new animal or plant invader still might be possible.

These options are not mutually exclusive. They likely would be under the jurisdiction of multiple committees in both the House and Senate. They may offer opportunities for savings both to the economy and to ecosystems.