For Immediate Release                                        February 3, 1999

EXECUTIVE ORDER

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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.

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;(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 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 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 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.