# Invasive Species: Major Laws and the Role of Selected Federal Agencies

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URL: https://www.frixlaw.com/law-library/documents/crs%3AR43258

## Record

- **Collection:** Congressional research report
- **Document type:** CRS Report
- **Published:** January 17, 2017
- **Citation:** R43258

## Text

Invasive Species: Major Laws and the Role of
Selected Federal Agencies
,name redacted,
Specialist in Agricultural Policy
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Specialist in Natural Resources Policy
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Analyst in Natural Resources Policy
January 17, 2017

Congressional Research Service
7-....
www.crs.gov
R43258

Invasive Species: Major Laws and the Role of Selected Federal Agencies

Summary
An “invasive” species (alternatively known as an alien, exotic, injurious, introduced or
naturalized, non-native, nonindigenous, nuisance, or noxious species) refers to an animal or plant
that is introduced into an environment where it is not native. The introduction of invasive species
to the United States—whether deliberate or unintentional—from around the globe can pose a
significant threat to native animal and plant communities, and may result in extinctions of native
animals and plants, species disruptions as native and non-native species compete for limited
resources, reduced biodiversity, and altered terrestrial or aquatic habitats. This can result in a
range of economic, ecologic, and cultural losses, including reduced agricultural output from U.S.
farms and ranches; degradation of U.S. waterways, coastal areas, national parks, and forests; and
altered urban, suburban, and rural landscapes.
It is estimated that 50,000 non-native species have been introduced to the United States. The
potential economic costs associated with nonindigenous plant and animal species are estimated at
more than $100 billion annually in the United States. A few examples of the types of damages
attributed to non-native invasive species in the United States are as follows. Burmese pythons are
multiplying in south Florida, becoming a top carnivore and killing large numbers of native
species of reptiles, birds, and mammals. Zebra and quagga mussels from Eastern Europe are
clogging intakes for urban water supplies and nuclear power plants in the Great Lakes and the
Mississippi basin. The light brown apple moth, a native pest of Australia, has been detected in
California and is causing damage to a wide range of plant species and commercial fruit and
vegetable crops. Leafy spurge is lowering the forage value of western grazing land, and reducing
overall land values.
In the United States, numerous federal and interagency efforts share responsibilities regarding
invasive species. Among the federal agencies involved are the Departments of Agriculture,
Commerce, Defense, Homeland Security, Interior, Transportation, and others, including the
Environmental Protection Agency and the Executive Office of the President. Of these, three
Departments—Agriculture, Commerce, and Interior—play a major role by co-chairing the
National Invasive Species Council (NISC). Created by Executive Order 13112 in 1999, NISC
provides high-level interdepartmental coordination of federal invasive species actions and works
with other federal and nonfederal groups to address invasive species issues at the national level.
In FY2016, the U.S. government spent an estimated $2.3 billion across a range of federal
agencies and activities in an effort to prevent, control, and eradicate invasive species
domestically. Activities at the Department of Agriculture accounted for the bulk of available
federal funding, nearly $1.2 billion (53% of total available funds). Activities at the Department of
Homeland Security, comprised of mostly border protection and security activities, accounted for
about $0.8 billion (33% of total funding). The remainder of federal funding, about $0.3 billion
(about 14% of total funding) covers activities across a range of agencies at the Departments of
Interior, Commerce, and Defense, and other independent agencies.
Despite efforts to achieve high-level interdepartmental coordination, comprehensive legislation
on the treatment of invasive species has never been enacted, and no single law provides
coordination among federal agencies. Instead, the current legal framework is largely governed by
a patchwork of laws, regulations, policies, and programs. Some laws are tailored to individual
species or narrowly focused on what is affected by the species. Other laws have a broader
intended purpose and may only peripherally address invasive species. Some laws, although they
do not directly address invasive species control or prevention, may limit such introductions.

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Invasive Species: Major Laws and the Role of Selected Federal Agencies

Contents
Estimated Economic Costs .............................................................................................................. 2
Selected Federal Laws and Directives ............................................................................................. 5
Federal Laws ............................................................................................................................. 6
Organic Administration Act ................................................................................................ 7
Lacey Act ............................................................................................................................ 7
Virus-Serum-Toxin Act ....................................................................................................... 8
Animal Damage Control Act .............................................................................................. 9
Soil Conservation and Domestic Allotment Act ................................................................. 9
Federal Seed Act ............................................................................................................... 10
National Environmental Policy Act .................................................................................. 10
Endangered Species Act ..................................................................................................... 11
Federal Noxious Weed Act................................................................................................. 11
Forest and Rangeland Renewable Resources Planning Act .............................................. 12
Federal Land Policy and Management Act ....................................................................... 12
Cooperative Forestry Assistance Act ................................................................................ 12
International Forestry Cooperation Act............................................................................. 13
Nonindigenous Aquatic Nuisance Prevention and Control Act ........................................ 13
National Invasive Species Act .......................................................................................... 14
Alien Species Prevention and Enforcement Act ............................................................... 14
Wild Bird Conservation Act .............................................................................................. 15
Hawaii Tropical Forest Recovery Act ............................................................................... 15
Plant Protection Act .......................................................................................................... 15
Animal Health Protection Act ........................................................................................... 16
Noxious Weed Control and Eradication Act ..................................................................... 17
Federal Directive ..................................................................................................................... 17
Executive Order 13112 on Invasive Species ..................................................................... 17
Selected Federal Agencies ............................................................................................................. 18
Interagency Efforts .................................................................................................................. 19
National Invasive Species Council ................................................................................... 19
Aquatic Nuisance Species Task Force .............................................................................. 21
Federal Interagency Committee for Management of Noxious and Exotic Weeds ............ 21
Invasive Terrestrial Animals and Pathogens ..................................................................... 22
Department of Agriculture ...................................................................................................... 22
Animal and Plant Health Inspection Service .................................................................... 22
Farm Service Agency ........................................................................................................ 24
Foreign Agricultural Service ............................................................................................. 24
Forest Service ................................................................................................................... 24
Research, Education, and Economics Agencies................................................................ 26
Natural Resources Conservation Service .......................................................................... 27
Department of Commerce ....................................................................................................... 28
National Oceanic and Atmospheric Administration.......................................................... 28
Department of Defense ........................................................................................................... 29
Army Corps of Engineers ................................................................................................. 29
Department of Health and Human Services ............................................................................ 30
Department of Homeland Security.......................................................................................... 30
Coast Guard ...................................................................................................................... 30
Customs and Border Protection ........................................................................................ 31

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Federal Emergency Management Agency ........................................................................ 31
Immigration and Customs Enforcement ........................................................................... 31
Department of the Interior ....................................................................................................... 32
Bureau of Indian Affairs ................................................................................................... 32
Bureau of Land Management............................................................................................ 32
Bureau of Reclamation ..................................................................................................... 33
Fish and Wildlife Service .................................................................................................. 33
Geological Survey ............................................................................................................. 34
National Park Service ....................................................................................................... 34
Office of Surface Mining Reclamation and Enforcement................................................. 35
Department of State................................................................................................................. 36
Department of Transportation ................................................................................................. 37
Federal Aviation Administration ....................................................................................... 38
Federal Highway Administration ...................................................................................... 38
Federal Railroad Administration ....................................................................................... 38
Department of the Treasury ..................................................................................................... 38
Executive Office of the President............................................................................................ 39
Council on Environmental Quality ................................................................................... 39
Office of Science and Technology Policy ......................................................................... 39
Office of the United States Trade Representative ............................................................. 39
Independent Agencies ............................................................................................................. 39
Agency for International Development............................................................................. 39
Environmental Protection Agency .................................................................................... 40
National Science Foundation ............................................................................................ 40
Smithsonian Institution ..................................................................................................... 40

Tables
Table 1. Estimated Annual Costs Associated with Some Non-native Species,
Introductions in the United States ................................................................................................ 3
Table 2. Funding for Invasive Species Activities .......................................................................... 18

Appendixes
Appendix A. Major Federal Agencies and Laws Governing Invasive Species ............................. 42
Appendix B. List of Acronyms ...................................................................................................... 46

Contacts
Author Contact Information .......................................................................................................... 47

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Invasive Species: Major Laws and the Role of Selected Federal Agencies

n “invasive species” means “an alien species whose introduction does or is likely to
cause economic or environmental harm or harm to human health.”1 “Invasive” species
(alternatively known as an alien, exotic, injurious, introduced or naturalized, non-native,
nonindigenous, nuisance, or noxious species) further refers to an animal or plant that is
introduced into an environment where it is not native.2 The introduction of invasive species to the
United States—whether deliberate or unintentional—from around the globe can pose a significant
threat to native animal and plant communities, and may result in extinctions of native animals and
plants, species disruptions as native species compete for limited resources, reduced biodiversity,
and altered terrestrial or aquatic habitats.

A

It is estimated that 50,000 non-native species have been introduced to the United States, including
nonindigenous plant and animal species.3 Examples of some invasive species found in the United
States, and the types of damages they may inflict, include the following:












Burmese pythons (Python bivitattus) have multiplied in south Florida, becoming
a top carnivore and killing large numbers of native species of reptiles, birds, and
mammals.
Brown tree snakes (Boiga irregularis) from the western Pacific continue to
threaten power utilities and communications on Guam and the Northern
Marianas, and threaten to invade Hawaii and harm its tourism industry.
Zebra mussels (Dreissena polymorpha) and quagga mussels (Dreissena
rostriformis bugensis) from Eastern Europe have clogged intakes for urban water
supplies and nuclear power plants in the Great Lakes and the Mississippi basin.
The light brown apple moth (Epiphyas postvittana), a native pest of Australia,
and the diamondback moth (Plutella xylostella), a native to the Mediterranean
region, have both spread to the United States and are causing damage to a range
of commercial fruit and vegetable crops.
Lionfish (Pterois volitans), likely released from private aquaria in Florida, have
spread north along the U.S. coast and also within the Caribbean.
Formosan termites (Coptotermes formosanus) have devastated living trees and
historic buildings in the French Quarter of New Orleans.
Leafy spurge (Euphorbia esula) has reduced the forage value of western grazing
land, resulting in lower overall value to private landowners.

All 50 states and the U.S. territories have at least some invasive plants and animals. A few (e.g.,
Hawaii, Florida, Louisiana, the Great Lakes states, and California) have so many harmful nonnatives as to cause major ecological and economic damage to a variety of locations and
industries.
This report provides an overview of the federal laws and directives in the United States that
govern invasive species, and the role of selected federal agencies. Much of the agency-level
information is from the National Invasive Species Council (NISC), which provides high-level
interdepartmental coordination of federal invasive species actions and works with other federal
1

Executive Order 13112 on Invasive Species (64 Federal Register 6183, February 8, 1999).
Despite differences in emphasis, this report generally uses these terms interchangeably.
3
D. Pimentel, “Environmental and Economic Costs Associated with Alien Invasive Species in the United States,” in
Biological Invasions: Economic and Environmental Costs of Alien Plant, Animal, and Microbe Species, CRC Press,
2011. Updates estimates from previous studies in 2000 and 2005, and the first edition of the book.
2

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Invasive Species: Major Laws and the Role of Selected Federal Agencies

and nonfederal groups to address invasive species issues at the national level—both from its
website and its periodic management plans.4 A summary of selected laws and agencies is
provided in Appendix A. The patchwork of laws that currently govern invasive species in the
United States also contribute to fundamentally different approaches to regulate invasive species,
which is beyond the scope of this report.
In addition to the federal laws discussed in this report, invasive species are regulated and/or
managed through a variety of statutes administered by the states, often with the cooperation of
federal agencies. This report also does not address the extensive efforts of individual states to deal
with invasive species concerns.5
Further, this report focuses primarily on invasive plant and animal species that may affect U.S.
agriculture, waterways and coastal areas, national parks and forests, and various ecosystems and
landscape environments. The potential for non-native species to adversely affect human health
and disease is not addressed in this report.
This report also does not address species introductions to the United States that are widely
considered beneficial, such as certain crop plants (e.g., wheat, soybeans) and orchard fruit (e.g.,
apples, pears), as well as honey bees (Apis mellifera) and pheasants (Phasianus colchicus),
among other introduced species.

Estimated Economic Costs
The introduction of invasive animal and plant species can result in a range of economic, ecologic,
and cultural losses, including but not limited to reduced agricultural output from U.S. farms and
ranches, degradation of U.S. waterways and coastal areas, as well as national parks and forests,
and changed urban, suburban, and rural landscapes.
It is difficult to quantify and further monetize the economic damage due to a non-native invasive
species. The most widely cited and available aggregation of the various available cost estimates is
by researchers at Cornell University.6 The most widely reported estimates put the potential
aggregate economic costs from selected invasive species at $127 billion annually in the United
States (Error! Reference source not found.), excluding estimated costs for human diseases
which are not covered in this report).7 These estimated economic costs include control costs and
direct damages and losses to property values, agricultural or natural resource productivity or
output, and other costs.
Based on these estimated economic costs, the single largest cost is damage to U.S. agricultural
crop and livestock production, totaling nearly $65 billion annually. This estimate is for losses,
damages, and control costs associated with agricultural crop weeds (estimated at $20.5 billion
annually); crop plant pathogens ($18.4 billion); livestock diseases ($9 billion); and weeds in
pastures ($6 billion). Plant pathogens and pests in forests account for another $4.2 billion
annually.
4

NISC’s website is at https://www.doi.gov/invasivespecies/nisc-resources.
The University of Florida’s Center for Aquatic and Invasive Plants provides a compilation of the available lists, laws,
rules, and regulations by state and state agencies addressing non-native plants (http://plants.ifas.ufl.edu/node/634).
6
D. Pimentel, “Environmental and Economic Costs Associated with Alien Invasive Species in the United States,” in
Biological Invasions: Economic and Environmental Costs of Alien Plant, Animal, and Microbe Species, CRC Press,
2011. Updates previous estimates from previous studies in 2000 and 2005, and the first edition of the book.
7
This report excludes costs associated with certain human diseases, estimated at nearly $92 billion annually. Human
disease costs include reportedly introduced diseases such as AIDS, syphilis, and influenza.
5

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Table 1. Estimated Annual Costs Associated with Some Non-native Species,
Introductions in the United States

Category
Plants

Non-Indigenous
Species

Estimated Costs,
Selected Pests
($million)

(number)

($ million)

25,000

—

Selected pests: purple loosestrife; aquatic weeds;
melaleuca tree; crop weeds; weeds in pastures; and
weeds in lawns, gardens, golf courses
Mammals

28,155

20

Selected pests: Wild horses/burros; feral pigs;
mongooses; rats; cats; dogs
Birds

38,481
97

Selected pests: pigeons; starlings
Reptiles, Amphibians

Arthopods

53
138

5,400

4,500

—
17,555

88

Selected pests: Zebra mussels, Asian clams, and
shipworms
Microbes

TOTAL (excluding human disease)

—
3,205

20,000

Selected pests: Crop plant pathogens; plant
pathogens in lawns, gardens, golf courses; forest plant
pathogens; and Dutch elm disease
Livestock Diseases

—
16

Selected pests: fire ants; Formosan termites; green
crabs; gypsy moths; crop pests; pests in lawns; and
gardens, golf courses, forest pests
Mollusks

—
3,000

Selected pest: Brown tree snakes
Fish

—

22,600

9,000

9,000
$127,418a

Source: D. Pimentel, “Environmental and Economic Costs Associated with Alien Invasive Species in the United
States,” in Biological Invasions: Economic and Environmental Costs of Alien Plant, Animal, and Microbe Species, CRC
Press, 2011. Estimated costs for selected pests include costs for losses and damages and control costs. May not
add due to rounding.
Notes: Updates previous estimates from the first edition of the book, as well as estimates from previous studies
in 2000 and 2005: D. Pimentel et al., “Update on the Environmental and Economic Costs Associated with AlienInvasive Species in the United States,” Ecological Economics, February 2005, Vol. 52(3): 273-288; and D. Pimentel
et al., “Environmental and Economic Costs of Nonindigenous Species in the United States,” BioScience, January
2000, vol. 50: 53-65.
a. Excludes human diseases, estimated at nearly $92 billion annually for reportedly introduced diseases such as
AIDS, syphilis, and influenza. This report focuses on invasive plant and animal species that may affect U.S.
agriculture, waterways and coastal areas, national parks and forests, and various ecosystems and landscape
environments, rather than human health and disease.

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The text box below highlights available individual estimates of the estimated costs of some
selected invasive species and describes their potential impacts. These cost estimates do not
account for possible offsetting benefits from some introduced species. Some criticize the
estimates for overstating the cost of damages from invasive species or for not considering
possible offsetting benefits.8 The estimates also do not account for some types of indirect losses
and costs or certain nonmarket welfare losses. Others note that a full accounting would consider
other types of losses and would result in a higher estimate.9
Economic Costs of Selected Invasive Species
The following are individual estimates by various sources of the costs associated with selected invasive species.
Leafy spurge (Euphorbia esula): Costs an estimated $100 million annually in cattle forage losses in North Dakota but
spreading throughout the northern Great Plains and Rocky Mountain areas.
Purple loosestrife (Lythrum salicaria): Costs an estimated $45 million annually across nearly all U.S. states, attributable
to forage losses and to control costs.
Sea lamprey (Petromyzon marinus): Costs an estimated $680 million annually from recreational fishery losses and
control costs in the northern United States and Canada.
Zebra mussel (Dreissena polymorpha): Costs an estimated $1 billion annually in recreational fishery losses, controls,
and other costs in the Great Lakes and Pacific Northwest areas, as well as cleaning of water intake pipes, filtration
equipment, power generating equipment, and damage to docks and recreational or commercial boats.
Hydrilla (Hydrilla verticillata): Costs an estimated $860 million in Florida in damages to agriculture, flood control, and
residential property values.
Formosan termites (Coptotermes formosanus): Costs an estimated $1 billion annually (including several hundred million
dollars in New Orleans alone).
Imported fire ants (Solenopsis invicta and S. ricteria): Costs an estimated $1 billion annually (including $300 million in
Texas alone).
Brown tree snakes (Boiga irregularis): Costs an estimated $12 million annually. (In Guam alone, management and
controls cost $4 million per year. Other unaccounted for damages include power outages, slowed transportation and
shipping, lost agricultural productivity and recreation/tourism, and health care costs from snake bites. Other
unaccounted for costs include the loss of bird species attributable to the snake in Guam.)
Weeds, pests, and plant and animal diseases affecting U.S. agricultural crop and livestock production total nearly $65
billion annually.
Sources: Estimates are from D. Pimentel, “Environmental and Economic Costs Associated with Alien Invasive
Species in the United States,” Biological Invasions: Economic and Environmental Costs of Alien Plant, Animal, and Microbe
Species, CRC Press, 2011; S. Lovell et al., “The Economic Impacts of Aquatic Invasive Species: A Review of the
Literature,” Agricultural and Resource Economics Review, vol. 35, no. 1 (April 2006), pp. 195-208; L. Sandell and S.
Knezevic, “Leafy Spurge,” University of Nebraska; and Federal Interagency Committee for the Management of
Noxious and Exotic Weeds, Invasive Plants: Changing the Landscape of America, 2003.

8

See, for example, L. Goldstein, “17 Reasons the Economic Impact of the Domestic Cat as a Non-Native Species in the
U.S. Does Not Cost $17 Billion,” 2011; and D. Gattuso, “Invasive Species: Animal, Vegetable or Political?,” National
Center for Public Policy Research, August 2006.
9
See, for example, S. Lovell et al., “The Economic Impacts of Aquatic Invasive Species: A Review of the Literature,”
Agricultural and Resource Economics Review, vol. 35, no. 1 (April 2006), pp. 195-209; and C. Zhang and K. Boyle,
“The Effect of an Aquatic Invasive Species (Eurasian watermilfoil) on Lakefront Property Values,” Ecological
Economics, vol. 70 no. 2 (December 2010), pp. 394-404.

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Selected Federal Laws and Directives
Comprehensive legislation on the treatment of invasive species has never been enacted, and no
single law directs coordination among federal agencies. No laws focus on the broad problems of
invasive species, their interception, prevention, and control across a variety of industries and
habitats. Instead, the current legal framework is largely governed by a patchwork of laws,
regulations, policies, and programs. Some laws are tailored to individual species or narrowly
focused on what is affected by the species, such as agricultural production or certain aquatic or
terrestrial ecosystems. Other laws have a broader intended purpose and may only peripherally
address invasive species, such as certain environmental laws, resource management laws, and
species or wildlife protection laws. Some laws, though they do not directly address invasive nonnative species control or prevention, have effects that may limit such introductions. Below is a
brief digest of existing laws that affect non-native species introduction, prevention, and control.
However, control of invasive species is not often the major purpose of the law in some cases, and
agencies have little authority to eradicate invasive species, except where they occur on federally
managed lands, thus undermining the effectiveness of these programs. In general, laws addressing
threats to agriculture (for centuries a well-developed North American industry whose risks from
non-native invasion species are relatively clear) tend to be more developed than laws protecting
other industries or ecosystems.
This patchwork contributes to two fundamentally different regulatory approaches to address
invasive species: one approach based on a particular listed or known species, and another
approach based on certain pathways by which a variety of species may be introduced (see text
box). Further discussion of these two regulatory approaches is beyond the scope of this report.

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Approaches to Invasive Species Regulation: Single Species vs. Pathways
Single-Species Approach
Under a single-species approach, regulation of invasive plants or animals must be placed on a “black list” before they
are regulated as harmful. Black list approaches to invasive species are, of necessity, done on a species-by-species basis.
Harm can rarely be demonstrated unless the plant or animal is already at pest levels and inflicting damage
somewhere—that is, generally after the species is reproducing and spreading. Usually, damage must be readily
apparent before protection can begin, at which point prevention could be nearly impossible. A key factor is
knowledge of the presence of the species. If the species, its potential damage, or its means of transport are unknown,
it will not be regulated under the black list approach. Examples of this approach are demonstrated in the laws
described in this report. One such example includes coverage of the brown tree snake under the Nonindigenous
Aquatic Nuisance Prevention and Control Act of 1990 (NANPCA; 16 U.S.C. §§4701, et seq.), as amended by the
National Invasive Species Act (NISA, 16 U.S.C. §§4701 et seq.), which otherwise regulates the pathway of ship ballast
water. Another example is the requirement that individual weed species be placed on an exclusion list before they
can be regulated under the Plant Protection Act of 2000 (PPA; 7 U.S.C. §§7701 et seq.).
Pathways Approach
Under a pathways approach, regulation of invasive species tends to be based on the risk of invasion via certain
pathways. In such an approach, plants or animals may be removed wholesale, e.g., by sterilizing pallet wood, cleaning a
cargo hold, or sterilizing the soil in which horticultural specimens are shipped. There are instances of regulation and
prevention by pathway. Examples of this approach are demonstrated in the laws described in this report. One such
example is NANPCA’s regulation of ballast water as a risk to saltwater and freshwater ports, bays, and estuaries.
Similarly, plant and animal quarantine and inspection requirements under both the PPA and the Animal Health
Protection Act of 2002 (AHPA, 7 U.S.C. §§8301-8302) give the U.S. Department of Agriculture (USDA) broad
authority to inspect imported agricultural products to detect, control, or eradicate plant and animal pests or diseases.
Pathway approaches also exist at the state level. Pathway approaches do not require lists of organisms to be
implemented or effective, and may even block the entry of species whose existence is unknown to science.

For background information, see CRS Report R44049, Invasive Species: Issues in Brief; CRS
Report R44011, Invasive Species: Control Options and Issues for Congress; and CRS In Focus
IF10217, Federal Efforts to Control Invasive Plant and Animal Species.

Federal Laws
The laws described here are listed according to the year the law was enacted. Appendix A
provides a summary of the laws and statutes governing invasive species, and is based in part on
information compiled by NISC.
This report does not provide a comprehensive review of all the U.S. laws and statutes that may
contain provisions that address some aspect of invasive or non-native species. Some
environmental laws (such as the Federal Insecticide, Fungicide, and Rodenticide Act and the
Clean Water Act),10 and certain resource management laws (such as the Fish and Wildlife Act and
other laws)11 are not directly covered in this report, although some provisions in these and other
U.S. laws may play a role in addressing invasive species. Also omitted are federal laws referring
to single species. This report does, however, cover the National Environmental Policy Act

10

Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA, 7 U.S.C. §§136-136y); Federal Water Pollution Control
Act of 1948, also known as Clean Water Act (CWA, 33 U.S.C. §§1251-1376). For example, FIFRA regulations
broadly govern pesticide use, including pesticides that may be used to control and/or eradicate invasive plants; CWA
broadly aims to protect waters of the United States, and contains provisions regulating ballast water discharges and also
protecting U.S. wetlands and waterways from invasive plants and aquatic species.
11
Fish and Wildlife Act of 1956 (16 U.S.C. §742).

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(NEPA), requiring federal agencies to take into consideration potential environmental impacts,
including invasive species, from any planned agency actions.12
In addition to federal laws, a number of states have laws restricting transport or possession of
invasive species. State laws are not described in this report.

Organic Administration Act
The Organic Administration Act of 1897 (16 U.S.C. §551) provides broad authority to the U.S.
Forest Service within the U.S. Department of Agriculture (USDA) to protect National Forest
System lands from a range of threats, including invasive species. In addition, under the MultipleUse Sustained-Yield Act of 1960 (16 U.S.C. §§528-531), USDA manages U.S. national forests
for multiple uses—such as outdoor recreation, range, timber, watershed, and wildlife and fish
purposes.

Lacey Act13
The Lacey Act of 1900 (18 U.S.C. §§42-43; 16 U.S.C. §§3371-3378) addresses illegal wildlife
trade to protect species at risk and bars importing species found to be injurious to the United
States.14 The portion of the Lacey Act known as the injurious species provision is codified in the
criminal code at 18 U.S.C. Section 42.15 The injurious species provision (18 U.S.C. §42) bans
import and shipment of listed living creatures and their eggs.16
Under 18 U.S.C. Section 42(a)(1)), the Secretary of the Interior and the Secretary of the Treasury
are may exclude the importation and shipment of three major categories of non-native animals:
vertebrates, crustaceans, and mollusks. The list of just these three taxonomic categories means
that other abundant and diverse groups of animals, such as insects and spiders, are not covered in
the act’s injurious species provisions.17 Moreover, grounds for excluding such imports or
shipments go beyond the traditional harm to agriculture, horticulture, and forestry interests to
include harm to “wildlife or the wildlife resources of the United States.” The act’s broad
definition of harm could mean that nearly any non-native vertebrate, crustacean, or mollusk could
be considered for exclusion, because most and perhaps all ecologists would hold that the
proliferation of any non-native species in an ecosystem risks harm to the nation’s wildlife or
wildlife resources.
The list of banned species may be amended either by statute or by regulation issued by FWS.
Permits may be issued to import banned species for scientific, zoological, educational, or medical
purposes. Under the injurious species provision, it is also illegal to import or ship between states
any species listed under the act. A violation is a Class B misdemeanor, punishable by no more
than six months in jail and/or up to a $5,000 fine for an individual and $10,000 for an
12

For more information, see CRS Report RL33152, The National Environmental Policy Act (NEPA): Background and
Implementation, by (name redacted)
.
13
This section was adapted in part from out-of-print CRS Report R43170, Injurious Species Listings Under the Lacey
Act: A Legal Briefing.
14
Plants are not covered by the injurious species provision.
15
The trade provisions are in the conservation title (Title 16) of the U.S. Code. For more information in this aspect of
the Lacey Act, see CRS Report RL34395, International Illegal Trade in Wildlife: Threats and U.S. Policy; and out-ofprint CRS Report R42067, The Lacey Act: Protecting the Environment by Restricting Trade.
16
In addition, the regulations also ban certain dead fish.
17
Although this provision of Title 18 of U.S. Code makes no mention of insects and spiders, provisions in Title 16 do
cover these species. There are many other examples of differences in coverage between the act’s major provisions.

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organization. The species listed as injurious wildlife under the Lacey Act is available at the
Department of Interior’s U.S. Fish and Wildlife Service (FWS) website.18
Generally, laws that list banned species are known as “black list” laws. “White list” laws ban
importing all species except those on an approved list.19 For decades, the Lacey Act was primarily
a white list law—prohibiting importing “any foreign wild animal or bird” except under special
permit, as well as originally banning all imports of four species: mongoose, fruit bats, sparrows,
and starlings.20 The 1949 amendments of the Lacey Act transformed the injurious species
provision into a purely black list law, such that only listed species were banned.21 As a result of
the black list approach, a species that might merit exclusion is not covered under the Lacey Act
until a potentially lengthy review process is completed, thus limiting the usefulness of this statute
when a new potential invader is first discovered.
Because the Lacey Act relies on a black list, it implicitly focuses on those species which are
knowingly moved between states or nations, or at least travel on pathways already known to
present a high risk of transporting unwanted plants or animals. If someone enters the United
States, or crosses between states, unaware that the plant or animal has stowed away in a hubcap,
on a wheel well, or beneath a shoe, and that plant or animal furthermore is not already on a black
list, the injurious species provision of the Lacey Act has little or no bearing on the act.
Another provision of the statute is not discussed in detail here but also has implications for
invasive species by making it illegal to import, export, transport, sell, receive, acquire, or
purchase in interstate or foreign commerce any fish, wildlife, or plant taken, possessed,
transported, or sold in violation of any federal, tribal, state, or foreign law (16 U.S.C. §3372
(a)(1), (2), and (4)).22

Virus-Serum-Toxin Act
The Virus-Serum-Toxin Act, as amended (21 U.S.C. §151 et seq.), was originally enacted in 1913
and authorizes USDA to regulate veterinary biological products that are intended for use in the
treatment (i.e., prevention, diagnosis, management, or cure) of animal diseases. These include
vaccines, bacterins, sera, antisera, antitoxins, toxoids, allergens, diagnostic antigens prepared
from, derived from, or prepared with microorganisms, animal tissues, animal fluids, or other
substances of natural or synthetic origin. The law prohibits the shipment or delivery for shipment
in interstate and intrastate commerce, as well as the importation or exportation of any veterinary
biological product that is “worthless, contaminated, dangerous, or harmful,” and also any

18

FWS, “Species Listed as Injurious Wildlife under the Lacey Act (50 CFR 16),” http://www.fws.gov/.
For more information, see CRS Report R44049, Invasive Species: Issues in Brief. Generally, federal laws have
tended to focus on exclusion, or “black lists,” i.e., on species that have already been shown to be harmful (anything not
on the list is allowed), in contrast to a “white list” (anything not on the list is excluded). See, for example, the Federal
Noxious Weed List (http://plants.usda.gov/) where the U.S. government has designated certain plants as noxious
weeds, in accordance with the Plant Protection Act (7 U.S.C. §§7701 et seq.).
20
31 Stat. 188. These four were not all accompanied by scientific names in the original statute. Thus, the number of
species actually banned in 1900 may have been as high 90. The 1949 amendments also added language prohibiting
transport of wild animals and birds “under inhumane and unhealthful conditions.” 63 Stat. 89. While this section
remains codified with the injurious species provision in 18 U.S.C. §42(c), it is not part of the ban on injurious species.
21
The 1949 amendments removed language that barred import of “any foreign wild animal or bird” (63 Stat. 89).
22
For more information, see out-of-print CRS Report R42067, The Lacey Act: Protecting the Environment by
Restricting Trade; and CRS Report R42119, The Lacey Act: Compliance Issues Related to Importing Plants and Plant
Products.
19

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biological product not prepared in compliance with USDA regulations at a USDA-licensed
establishment.23
Activities under the law are generally administered by USDA’s Animal Plant Health Inspection
Service (APHIS); however, there is an existing memorandum of understanding between APHIS
and the Food and Drug Administration (FDA) at the Department of Health and Human Services
(HHS) regarding procedures and responsibilities for resolving jurisdictional issues and questions
concerning the regulation of certain animal products as biologicals under the act, or as drugs
under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. §321(g)(1)).24

Animal Damage Control Act
The Animal Damage Control Act of 1931, as amended (7 U.S.C. §§426 et seq.), is the primary
statute under which USDA operates its Wildlife Services program.25 This is the lead USDA
program to conduct research and control work on invasive species to agriculture such as the
brown tree snake, as well as address damage problems caused by such invasive species as nutria
(Myocastor coypus), European starlings (Sturnus vulgaris), and monk parakeets (Myiopsitta
monarchus). The law gives APHIS wide authority to control damage caused by wildlife to
agricultural interests, including livestock, on federal, state, or private land. The program aims to
protect field crops, vegetables, fruits, nuts, horticultural crops, and commercial forests; freshwater
aquaculture ponds and marine species cultivation areas; livestock on public and private rangeland
and in feedlots; public and private buildings and facilities, such as houses, commercial properties,
swimming pools, golf courses, reservoirs, levees, and landfills; civilian and military aircraft
(against collisions with birds); and public health (against wildlife-borne diseases such as rabies,
Lyme disease, West Nile virus, and plague). Control methods include providing advice to
individuals and to municipal, state or federal agencies on a wide variety of preventive, nonlethal
control methods. Control of predatory animals, native or non-native, is largely carried out by
lethal means, including hunting, trapping, and poisoning. The agency publishes annual Program
Data Reports to inform the public on its wildlife damage management activities.
APHIS has memoranda of understanding and other cooperative agreements with FWS, the
National Park Service, the Bureau of Land Management (BLM), the Forest Service, and state
natural resource agencies to help protect natural resources, including wildlife and threatened or
endangered species, from loss of life, habitat, or food supply due to the activities of other species,
including invasive species.

Soil Conservation and Domestic Allotment Act
The Soil Conservation and Domestic Allotment Act of 1936 (16 U.S.C. §590(a)-590(f)) gives
USDA’s Natural Resources Conservation Service (NRCS) the authority to operate Plant Materials
Centers for the development, testing, and distribution of plants and vegetation management
technologies for voluntary use by land owners and users of private or other nonfederal lands for
soil erosion control, water conservation, and wildlife habitat. In addition, the NRCS Conservation
Technical Assistance Program provides technical assistance to land owners and users of private or
other nonfederal lands to plan and install, on a voluntary basis, structures and land management
practices for soil erosion control and water conservation. These programs broadly provide for the
23

NISC, 2001 Management Plan National Invasive Species Council, January 2001.
MOU 225-05-7000 (APHIS Agreement 04-9100-0859-MU).
25
This program was known until 1997 as the Animal Damage Control program.
24

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detection and prevention of invasive species. Other USDA farmland conservation programs26 also
provide technical, educational, and financial assistance to livestock and crop producers to protect
against threats to soil, water, and related natural resources, and may also address invasive species
concerns. Aspects of each these efforts encompass prevention, control and management, and
restoration relating to invasive species.27

Federal Seed Act
The Federal Seed Act of 1939, as amended (7 U.S.C. §§1551 et seq.), requires accurate labeling
and purity standards for seeds in commerce, and prohibits the importation and movement of
adulterated or misbranded seeds. The law also authorizes enforcement activities and rulemaking
functions. In addition, it regulates interstate and foreign commerce in seeds, and addresses
“noxious weed seeds” that may be present in agricultural (e.g., lawn, pasture) or vegetable seed.
APHIS administers the foreign commerce provision of this law. USDA’s Agricultural Marketing
Service administers the interstate commerce provisions. The law works in conjunction with the
Plant Protection Act (7 U.S.C. §§7701 et seq.), which authorizes APHIS to regulate imports of
agricultural seed when they may contain noxious weed seeds.

National Environmental Policy Act28
The National Environmental Policy Act of 1970 (NEPA, 42 U.S.C. §§4321 et seq.), as amended,
established a national policy to protect the environment.29 Federal agencies are required to
comply with NEPA and consider the environmental impacts, including invasive species, of an
agency’s actions. NEPA has two primary aims—to require federal agencies to consider the
environmental effects of their actions before proceeding with them; and to involve the public in
the decision-making process. To ensure that environmental impacts are integrated into that
process, federal agencies must prepare an environmental impact statement for actions
“significantly” affecting the quality of the human environment.30
NEPA applies only to “federal actions,” defined broadly to include projects and programs entirely
or partly financed, assisted, conducted, regulated, or approved by federal agencies.31 Accordingly,
programs or projects intended to control invasive species (e.g., BLM development of its Weed
Management and Invasive Species Program), or actions that may result in the spread or
introduction of non-native invasive species (among a range of other potential impacts), may be
subject to NEPA. Such impacts may occur as a direct result of the action (e.g. state transportation
agency landscaping or erosion control projects that receive federal funds) or be incidental to the
action (e.g., a federally authorized construction project that opens a corridor that provides an
opportunity for the movement of invasive species; or that introduces seeds from noxious weeds
on construction equipment).
26

These programs were originally authorized in various omnibus farm bills, including provisions in the Food Security
Act of 1985 (16 U.S.C. §§3839aa-3839aa-8) and the Federal Agriculture Improvement and Reform Act of 1996 (16
U.S.C. §3836a).
27
NISC, 2001 Management Plan National Invasive Species Council, January 2001.
28
This section was prepared by (name redacted), Analyst in Environmental Policy
[redacted]
(
@crs.loc.gov
, 7-....).
29
For an overview of NEPA, see CRS Report RL33152, The National Environmental Policy Act (NEPA): Background
and Implementation.
30
42 U.S.C. §4332(2)(C). Required elements of an EIS are specified in the Council on Environmental Quality (CEQ)
regulations implementing NEPA (40 CFR Parts 1500-1508) and broadly apply to all federal agencies.
31
40 CFR Part 1508.18; this definition also specifies that new or revised agency rules, regulations, plans, policies, or
procedures are subject to NEPA.

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NEPA does not prohibit an agency from moving forward with a program or project that may
introduce or spread non-native invasive species. Nor does NEPA require an agency to implement
measures to control such impacts. Within the framework of completing the NEPA process, an
agency would identify any environmental requirements applicable to a proposed action,32
including any measures that must be taken to assure or demonstrate compliance with those
requirements. To demonstrate compliance with those requirements, the NEPA analysis must
document any outside agency review or consultation regarding the proposal, and identify any
measures necessary to control, minimize, or mitigate regulated impacts.

Endangered Species Act
The Endangered Species Act of 1973, as amended (ESA, 16 U.S.C. §§1531-1543) focuses on the
conservation and protection of endangered or threatened species and their habitats, except for
species that are common to the point of being weeds or pests.33 Although ESA has no direct
regulation of invasive species, it could limit actions involving an invasive species to the extent the
action may harm a listed species. For example, in the Pacific Northwest, the threat to resident
Pacific salmon (Onchorhynchus sp.) protected under ESA is a major argument being used against
the introduction or expansion of aquaculture that might introduce Atlantic salmon (Salmo salar),
potentially an invasive species. Similarly, introduction of mountain goats (Oreamnos americanus)
in an area where they are not native could be subject to proposed mitigation if the introduction
would threaten listed plants likely to be eaten by the goats. ESA is jointly administered by the
Departments of the Interior and Commerce.
ESA could provide protection in two ways. First, if the introduction were to be carried out by a
federal agency or to require licensing, financial support, permits, or other support from a federal
agency, the agency involved would have to consult with FWS or National Marine Fisheries
Service (NMFS) to determine whether the introduction (or action leading to introduction) would
tend to jeopardize the continued existence of the listed species or adversely modify its critical
habitat.34 If the agency action would lead to jeopardy or adverse modification, the action agency
would need to carry out a reasonable and prudent alternative to avoid such problems, or risk
violating the ESA. The alternative might, for example, reject the introduction in favor of a native
species.35 Second, if the action had no federal nexus, but its effects could result in taking (as
defined in the act) a listed species, the party carrying out the action would have to obtain an
incidental take permit from FWS or NMFS.36

Federal Noxious Weed Act
Most provisions in the Federal Noxious Weed Act of 1974 were supplanted by the Plant
Protection Act;37 however, a key section (7 U.S.C. §2814) still requires each federal agency to
provide for noxious weed management on lands under its jurisdiction. The provision, introduced

32

Depending on an action’s impacts and the agency implementing it, an action may be subject to various laws,
regulations, executive orders, or agency-specific requirements. In addition to federal requirements, the project also may
be subject to local, state, or tribal laws or regulations.
33
For information about the ESA generally, see CRS Report RL31654, The Endangered Species Act: A Primer.
34
16 U.S.C. §1536.
35
For information on ESA’s consultation process, see CRS Report RL31654, The Endangered Species Act: A Primer.
36
16 U.S.C. §1539.
37
7 U.S.C. §§7701 et seq.

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in the 1990 farm bill,38 amended the Federal Noxious Weed Act to require federal agencies to
establish and fund noxious weed management programs. It also allows the agencies to implement
cooperative agreements with state agencies regarding the management of undesirable plant
species in areas adjacent to federal lands. The law requires joint leadership from the Secretaries of
Agriculture and the Interior in coordinating federal agency programs for control, research, and
education associated with designated noxious weeds. In 1994, a memorandum of understanding
among several federal agencies created the Federal Interagency Committee for Management of
Noxious and Exotic Weeds (FICMNEW) as a vehicle to coordinate noxious weed priorities.

Forest and Rangeland Renewable Resources Planning Act
The Forest and Rangeland Renewable Resources Planning Act of 1974 (16 U.S.C. §§1671 et
seq.), as amended by the National Forest Management Act (16 U.S.C. §1604), is the U.S. Forest
Service’s primary authority to conduct research activities, including research relating to invasive
species. The law contains broad authority for research and technology regarding U.S. lands
related to the protection, conservation, and sustainable use of natural resources. The law also
authorizes competitive grants to conduct research, and authorizes cooperative agreements with
university, industry, and other private and public partnerships.

Federal Land Policy and Management Act
Provisions under the Federal Land Policy and Management Act of 1976, as amended (43 U.S.C.
§1701 et seq.), provide funds for range betterment within a variety of range rehabilitation and
improvement activities, including weed control on certain National Forest System rangelands.39
In addition, the Public Rangelands Improvement Act of 1978 (43 U.S.C. §§1901-1908) provides
funding for on-the-ground rangeland rehabilitation and range improvements on some of the
rangelands managed by the Forest Service within USDA.

Cooperative Forestry Assistance Act
Under the Cooperative Forestry Assistance Act of 1978, as amended (16 U.S.C. §§2101-2111),
USDA’s Forest Service may enter into cooperative agreements to assist other federal, state, and
private entities in controlling and managing invasive species on other federal lands and
nonfederal lands. The primary cooperative authority for invasive species is Section 8 of the law
(16 U.S.C. §2104) and authorizes USDA to conduct activities and provide technical assistance
relating to insect infestations and disease conditions affecting trees on National Forest System
lands and on other federal lands (in cooperation with other federal agencies).40 The law also
provides support for good forest management practices, including financial assistance to maintain
healthy timber ecosystem to prevent incursion of invasive species, on privately owned
nonindustrial forestlands.

38

P.L. 101-624, Title XIV (amending the original law, P.L. 93-629).
Provisions pertaining to range improvements in the Act of April 24, 1950 (16 U.S.C. §580(h)), also state that of
funds received from grazing fees, a portion can be used for the “eradication of poisonous plants and noxious weeds in
order to protect or improve the future productivity of the range.”
40
USDA, “Forest Service Authorities for Invasive Species Management,” March 2006.
39

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International Forestry Cooperation Act
Provisions under sections of the International Forestry Cooperation Act of 1990 (16 U.S.C.
§4501(b)) allow USDA to support international forestry and related natural resource activities and
provide assistance to prevent and control insects, diseases, and other damaging agents, including
invasive species. USDA’s Forest Service delivers research and development to conduct
prevention, rapid response, control, and management activities related to invasive species and to
restore areas affected by invasive species.

Nonindigenous Aquatic Nuisance Prevention and Control Act
The Nonindigenous Aquatic Nuisance Prevention and Control Act of 1990 (NANPCA; 16 U.S.C.
§§4701, et seq.) established a federal program to prevent the introduction of, and to control the
spread of, unintentionally introduced aquatic nuisance species, including zebra mussels, and also
the brown tree snake. NANPCA mandated a Great Lakes ballast water management program to
prevent the introduction and spread of aquatic nuisance species into the Great Lakes through the
ballast water of vessels and established civil and criminal penalties for violating these
requirements.41 Under the program, all ships entering U.S. waters (after operating outside the U.S.
Exclusive Economic Zone) are directed to undertake high seas ballast exchange or alternative
measures pre-approved by the Coast Guard as equally or more effective.
NANPCA established the Aquatic Nuisance Species Task Force (ANSTF), co-chaired by FWS
and the National Oceanic and Atmospheric Administration (NOAA), which is tasked with
implementing NANPCA.42 NANPCA is the major legal authority for NOAA activities, and also
covers some FWS activities.43 Provisions in NANPCA primarily address prevention, control and
management, and research of invasive species, but not rapid response and restoration activities.44
NANPCA authorizes state governors to submit comprehensive management plans to ANSTF that
identify areas or activities that need technical and financial assistance.45 NANPCA encourages the
Secretary of Transportation, through the International Maritime Organization, to negotiate with
foreign countries on the prevention and control of the unintentional introduction of aquatic
nuisance species. NANPCA further directs the U.S. Army Corps of Engineers to develop a
program of research and technology for the environmentally sound control of zebra mussels in
and around public facilities, and make information available on these control methods.46
NANPCA also reauthorized the National Sea Grant College Program Act.47 Administered by
NOAA, the Sea Grant program conducts research, outreach, and education to address marine and
41

NANPCA, §1101 (under U.S. Coast Guard regulations at 33 CFR Part 151).
For more information on ANSTF, see report section “Aquatic Nuisance Species Task Force.”
43
In addition, other NOAA activities fall under other authorities, including control of phragmites under essential fish
habitat provisions of the Magnuson-Stevens Fishery Conservation and Management Act of 1976 (16 U.S.C. §§18011882) and other activities under the Coastal Zone Management Act of 1972 (16 U.S.C. §§1451 et seq.) and the
Interjurisdictional Fisheries Act 1986 (16 U.S.C. §§4101 et seq.), as amended.
44
NISC, 2001 National Invasive Species Management Plan, January 2001.
45
Grants were authorized to states for implementing approved management plans, with maximum federal shares of
75% of costs for each comprehensive management plan, and 50% for each public facility management plan. However,
despite substantial authorizations, relatively little was appropriated or made available for state grants to implement
these management plans.
46
Subsequently, the Corps established the Zebra Mussel Research Program, including annual technical conferences and
a publication series.
47
33 U.S.C. §§1121 et seq., as amended.
42

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coastal systems, focusing among other things on aquatic invasive species particularly in the Great
Lakes. The program also supports research to demonstrate ballast water technology and marine
engineering advances to combat aquatic nuisance species under two efforts—Great Lakes
Environmental Research Lab (GLERL) and the Cooperative Institute for Limnology and
Ecosystems Research at Michigan State University (NOAA’s Joint Institute partner). Additional
information is provided in the section on “National Oceanic and Atmospheric Administration.”

National Invasive Species Act
The National Invasive Species Act of 1996 (NISA, 16 U.S.C. §§4701 et seq.) amended NANPCA
to create a national ballast management program to prevent the introduction and spread of
nonindigenous species into U.S. waters.48 The program was modeled after the Great Lakes ballast
water management program established in NANPCA.49 NISA cites concerns about several
invasive aquatic species, including the zebra mussel as well as the Eurasian ruffe
(Gymnocephalus cernuus), mitten crab (Eriocher sinensis), green crab (Carcinus maenas), brown
mussel (Perna perna), shellfish pathogens, and also several vegetation species, such as Eurasian
watermilfoil (Myriophylllum spicatum), hydrilla (Hydrilla verticillata), anchored water hyacinth
(Eichhornia azurea), and water hyacinth (Eichhornia crassipes).
In addition, NISA encouraged negotiations with foreign governments to develop and implement
an international program for preventing the introduction and spread of invasive species in ballast
water. NISA required the Coast Guard to report to Congress on the effectiveness of existing
shoreside ballast water facilities used by crude oil tankers in the coastal trade off Alaska, as well
as studies of Lake Champlain, the Chesapeake Bay, San Francisco Bay, Honolulu Harbor, the
Columbia River system, and other estuaries and waters of national significance. NISA established
civil and criminal penalties for certain violations, and also authorized funding for research on
aquatic nuisance species prevention and control in the Chesapeake Bay, Gulf of Mexico, Pacific
Coast, Atlantic Coast, and San Francisco Bay-Delta Estuary.

Alien Species Prevention and Enforcement Act
The Alien Species Prevention and Enforcement Act of 1992 (ASPEA, 39 U.S.C. §3015) defines
certain categories of nonmailable plant pests and injurious animals. ASPEA does not make any
new categories of plants or animals illegal to ship, but rather makes it clear that use of the U.S.
mail is included among those forms of transport whose use is illegal for shipment of prohibited
species. The prohibited species are those injurious animals whose movement is prohibited (under
part of 18 U.S.C. §42) and those plants and animals whose shipment is prohibited (under 16
U.S.C. §3372), as well as plants covered under various plant pest and plant quarantine acts.
ASPEA is administered by the U.S. Postal Service. Although ASPEA appears to do very little to
prevent the introduction of invasive species, especially if the sender is unaware that the shipped
items are prohibited under the above laws, it may provide for prosecutors to bring cases involving
shipment of various species, including non-native invasive species, to court.

48

NANPCA, as amended by P.L. 104-332. For more information, see out-of-print CRS Report RL32344, Ballast Water
Management to Combat Invasive Species.
49
This national program became mandatory in 1999 (64 Federal Register 94: 26672-26690, May 17, 1999). The U.S.
Coast Guard finalized quantitative standards for ballast water treatment in 2012 (77 Federal Register 57: 17254-17320,
March 23, 2012). For more information, see the report section “Coast Guard.”

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Wild Bird Conservation Act
The Wild Bird Conservation Act of 1992 (16 U.S.C. §§4901, et seq.) does not address
introductions by non-native species, but rather conservation of birds caught in the wild in foreign
countries and imported into this country. By regulating imports of certain wild birds, however, the
law may have the incidental effect of reducing imports of non-native parasites and diseases that
could affect wild populations of native birds.50 It also could reduce the chance that an imported
wild bird species could escape, breed, and increase to pest levels. Ten families of birds are
specifically exempted from the provisions of the law, although their importation could be
restricted by other applicable U.S. trade laws. FWS generally administers activities under the law.

Hawaii Tropical Forest Recovery Act
The Hawaii Tropical Forest Recovery Act of 1992 (16 U.S.C. §4503(note)) amended the
International Forestry Cooperation Act (16 U.S.C. §4501(b)) to create a variety of measures to
address the problems within the native forests of Hawaii. The introduction of non-native invasive
species, such as pigs, goats, and mosquitoes has been a major threat to the integrity of native
Hawaiian forest ecosystems. The law has several features that address these issues. USDA’s
Forest Service is authorized to develop a program to assist Hawaii and U.S. territories to protect
native species from non-native species, and to establish biological control agents for the nonnatives, as well as develop plans for the Institute of Pacific Islands Forestry and for the Hawaiian
tropical forests which must, among other things, provide for the study of biological control of
non-native invasive species. In addition, the law created a short-term task force of specified
federal, state, and other individuals. Among its other responsibilities, the task force developed an
action plan, which has become the framework for Forest Service management and research
budget requests in this area.

Plant Protection Act
The Plant Protection Act of 2000 (PPA; 7 U.S.C. §§7701 et seq.) is the primary federal law
governing plant pests in foreign and interstate commerce, covering agricultural commodities,
plants, biological control organisms, articles that might be infested, means of transportation, and
other pathways for moving pests. PPA consolidated several plant quarantine authorities, some
dating back to the 1880s,51 and authorizes APHIS to cooperate with states, localities and others to
prevent the spread of or eradicate invasive pests and diseases. It authorizes APHIS to prohibit or
restrict the importation, exportation, and the interstate movement of plants, plant products, certain
biological control organisms, noxious weeds, and plant pests. It also authorizes APHIS to inspect
foreign plant imports, to quarantine any state or premise infested with a new pest or noxious
50

Before passage of this act, the United States was the leading importer of wild birds; after passage, the European
Union displaced the U.S. as the leading importer. See “International Trade in Wild Birds, and Related Bird Movements,
in Latin America and the Caribbean,” Food and Agriculture Organization of the United Nations, 2008.
51
The PPA became law in June 2000 as part of the Agricultural Risk Protection Act (P.L. 106-224, Title IV), and
consolidated and superseded several U.S. plant health laws, including (1) The Act of August 20, 1912 (commonly
known as the “Plant Quarantine Act”, 7 U.S.C. §§151-164a, 167); (2) The Federal Plant Pest Act (7 U.S.C. §§150aa et
seq. and 7 U.S.C. §147a); (3) Section 102 (a) - (e) of the Department of Agriculture Organic Act of 1944 (7 U.S.C.
§147a); (4) The Federal Noxious Weed Act of 1974 (7 U.S.C. §§2801 et seq.), except sections 1-15 of that act (7
U.S.C. §2801 note and 7 U.S.C. §2814); (5) the Joint Resolution of April 6, 1937 (commonly known as the “Insect
Control Act”) (7 U.S.C. §§148 et seq.); (6) The Halogeton Glomeratus Act (7 U.S.C. §§1651 et seq.); (7) The Golden
Nematode Act (7 U.S.C. §§150 et seq.); and (8) Section 1773 of the Food Security Act of 1985 (P.L. 99-198; 7 U.S.C.
§148f).

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weed, and to cooperate with states in certain control and eradication actions. These authorities
have been traditional hallmarks of U.S. plant pest regulations, and are administered by APHIS in
collaboration with state departments of agriculture and their plant protection boards.
PPA gives USDA authority to use a wide range of measures to exclude alien pests or prevent the
spread of new, but not widespread pests.52 These measures include inspections, surveillance,
quarantines, treatments, or destruction. USDA can develop lists of organisms that can or cannot
enter the United States and goods that can be imported from specific countries, and has the
authority to certify that U.S. agricultural exports meet the phytosanitary standards of other
countries. USDA can require private parties to take remedial actions without cost to the
government but must select the least costly, effective measure. The law also clarifies the extent of
USDA’s authority to regulate biological control agents and encourages the USDA, other federal
agencies, and the states to facilitate biological control of pests and other invasive species,
whenever feasible. The law imposes civil and criminal penalties.
PPA authorizes USDA to transfer funds from the Commodity Credit Corporation (CCC)53 or other
USDA programs to implement an emergency program to control specific plant pests of concern,
subject to Office of Management of Budget (OMB) review.54 Under some circumstances, USDA
may also declare extraordinary emergencies, under which USDA can take action to control
intrastate outbreaks of new pests, and has discretion to compensate growers for losses caused by
the control program.55 All states have some type of domestic quarantine laws; however, federal
regulations preempt state actions in interstate commerce. States also may petition the Secretary
for a “special need” exception to federal rules to request permission to impose restrictions beyond
what is required by APHIS.56 In addition, PPA provides that “any person” (or state) may petition
USDA to add or remove plant pests from federal regulation.57

Animal Health Protection Act
The Animal Health Protection Act of 2002 (AHPA, 7 U.S.C. §§8301-8302) is the primary federal
law governing the protection of animal health, and gives USDA’s APHIS broad authority to
detect, control, or eradicate pests or diseases of livestock or poultry. APHA consolidates all of the
animal quarantine and related laws, some dating back to the late 1800s, and replaces them with
one statutory framework.58 Most of the authorities contained in the consolidated AHPA were
taken from existing laws, while some new provisions were added to help fully protect U.S. animal
agriculture due to gaps in legal authority.
52

In fact, USDA has less regulatory authority to address established and widespread pests (i.e., already introduced and
established pests) under PPA.
53
USDA’s CCC is a government-owned corporation that is authorized to borrow up to $30 billion at any one time from
the U.S. Treasury. The CCC mainly is a financing mechanism for farm bill programs such as commodity price and
income supports, agricultural conservation, export assistance, and other mandated authorizations. For more
information, see CRS Report R44606, The Commodity Credit Corporation: In Brief.
54
7 U.S.C. §§7751 and 7772. Such cases often occur in response to larger-scale plant and animal pest and disease
outbreaks where the costs are too large to cover within existing appropriations or to new and emerging agricultural
issues that warrant a federal role. For other background information, see CRS Report RL32504, Funding Plant and
Animal Health Emergencies: Transfers from the Commodity Credit Corporation.
55
7 U.S.C. §7715.
56
7 U.S.C. §7756.
57
7 U.S.C. §7711.
58
Incorporated laws include USDA’s animal quarantine laws across several previous statutes (21 U.S.C. §§101 through
135b and 19 U.S.C. §1306), among others.

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AHPA authorizes USDA to prohibit or restrict import or export of any animal or related material
if necessary to prevent the spread of any livestock or poultry pest or disease, including quarantine
of animals. USDA has the authority to hold, seize, treat, or destroy any animal, as well as to limit
movement in interstate movement of invasive animal species. Like the Plant Protection Act,
AHPA provides for emergency fund transfers and the determination of extraordinary emergencies,
so that USDA can, under some circumstances, take actions within a state, and gives USDA the
authority to enter into agreements with foreign governments, state governments, or other
organizations. AHPA also requires compensation to farm owners based on fair market value of
destroyed animals and related material. The law authorizes USDA to transfer funds from the CCC
or other USDA programs to implement an emergency control program, subject to OMB review.59

Noxious Weed Control and Eradication Act
The Noxious Weed Control and Eradication Act of 2004 (7 U.S.C. §§7781-7786) amended the
Plant Protection Act to direct USDA to establish a grant program to provide financial and
technical assistance to weed management entities to control or eradicate harmful, invasive weeds
on public and private lands. The law also authorizes USDA to enter into cooperative agreements
with weed management entities to fund weed eradication activities, and enable rapid response to
outbreaks of noxious weeds. The law is administered by USDA’s APHIS.60

Federal Directive
Executive Order 13112 on Invasive Species
In response to rising concern, especially in southern and western states and Hawaii, thenPresident Clinton signed Executive Order 13112 on Invasive Species in 1999 to prevent the
introduction of invasive species, provide for their control, and minimize their impacts through
better coordination of federal agency efforts.61 Under the order, the federal government may:
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 U.S. 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.

The order directs all federal agencies to address invasive species concerns, as well as to refrain
from actions likely to increase invasive species problems. Interagency goals under NISC were
directed to provide leadership, coordination, and oversight of federal agency activities; to
encourage work with nonfederal partners; and to aid public participation. NISC, supported by an
advisory committee, was directed to develop recommendations for international cooperation,
promote a network to document and monitor invasive species impacts, and encourage
development of an information-sharing system on invasive species. For more information, see the
section on “National Invasive Species Council.”
59

This provision is in accordance with the Animal Health Protection Act (7 U.S.C. §§8310 and 8316) and the Plant
Protection Act (7 U.S.C. §§7751 and 7772).
60
70 Federal Register 192:57993-57994. October 5, 2005.
61
64 Federal Register 6183, February 8, 1999. Executive Order 13112 revoked former President Carter’s 1977
Executive Order 11987 on exotic species. For more information on the legal status of Executive Orders, see CRS
Report RS20846, Executive Orders: Issuance, Modification, and Revocation.

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Selected Federal Agencies
Numerous federal and interagency efforts share responsibilities for preventing, eradicating, and
controlling invasive species. Following are descriptions of how federal agencies and interagency
efforts address invasive species concerns. Most of these programs also address problems of native
pest species or other domestic issues. No agency devotes the majority of its resources to invasive
species issues. Even so, in some cases (e.g., APHIS), efforts to address invasive species account
for a substantial portion of the workload; in others (e.g., Coast Guard), invasive species are a
minor share of the total program. Outside of some activities in the agricultural sector, no evidence
was found of focused efforts by any agency to control the exports of U.S. species which could
become harmful or invasive in the countries receiving them. A summary of the federal agencies
and laws that govern invasive species is in Appendix A, based on information from NISC.62
Table 2 provides a summary of federal funding for invasive species activities for FY2012, as
reported by NISC. These data are self-reported by the federal agencies engaged in invasive
species activities, and are not independently compiled. Further, the criteria used by agencies to
compile the data are unclear and may be inconsistent across different agencies, particularly given
the difficulty in separating spending related to invasive species concerns from other activities
within an agency. Much of this summary is based in part on information compiled by NISC.
In FY2016, the U.S. government spent an estimated $2.3 billion across a range of federal
agencies and activities in an effort to prevent, control, and eradicate invasive species
domestically. Activities at the Department of Agriculture accounted for the bulk of available
federal funding, nearly $1.2 billion (53% of total available funds). Activities at the Department of
Homeland Security, comprised of mostly border protection and security activities, accounted for
about $0.8 billion (33% of total funding). The remainder of federal funding, about $0.3 billion
(about 14% of total funding), covers activities across a range of agencies at the Departments of
Interior, Commerce, and Defense, and other independent agencies.
The budget data are compiled by NISC as part of the Invasive Species Interagency PerformanceBased Budget (Crosscut) called for in the first National Invasive Species Management Plan.
NISC developed the first Invasive Species Crosscut Budget for FY2004, followed by FY2005,
FY2006, and FY2007, followed by annual submissions (FY2011-FY2016).
Table 2. Funding for Invasive Species Activities
(FY2016 enacted, $ in thousands)
DHS

Prevention

DOC
(NOAA)

DOD
(USACE)

DOI

DOS

DOT

EPA

USDA

Total

810 57,000

100,064

977,781
(42%)

776,300

8

31,850

11,184

565

Early Detection/
Rapid Response

0

289

15,254

15,604

772

0

—

277,572

309,491
(13%)

Control and
Management

0

126

61,066

46,643

12,002

0

—

526,498

646,335
(28%)

0

925

6,029

19,970

2,194

1,585

110

237,692

268,505
(11%)

Research

62

See, for example, NISC periodic management plans (https://www.doi.gov/invasivespecies/management-plan).

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DHS

DOC
(NOAA)

DOD
(USACE)

DOI

DOS

DOT

EPA

USDA

Total

0

54

18,638

4,332

0

0

0

25,145

48,169
(2%)

Education and
Public Awareness

0

1,102

7,334

613

219

0

—

78,427

87,695
(4%)

Leadership /
Internat’l Coop.

0

5

2,377

673

2,021

40

0

2,926

8,042
(<1%)

2,435 57,110

1,248,324

2,346,0
18

53%

100%

Restoration

Total
% of Federal
Spending

776,300

2,509

142,548

99,019

17,773

33%

<1%

6%

4%

1%

<1%

2%

Source: NISC, “Invasive Species Interagency Crosscut Budget,” December 2016, https://www.doi.gov/sites/
doi.gov/files/uploads/nisc_2016_crosscut_budget_summary.pdf. Excludes USAID.
Notes: Abbreviations are as follows: DHS (U.S. Department of Homeland Security); DOC (U.S. Department of
Commerce); NOAA (National Oceanic and Atmospheric Administration); DOD (U.S. Department of Defense);
USACE (U.S. Army Corps of Engineers); DOI (U.S. Department of the Interior); DOS (U.S. Department of
State); DOT (U.S. Department of Transportation); U.S. Environmental Protection Agency (EPA); USAID (U.S.
Agency for International Development); USDA (U.S. Department of Agriculture)

Interagency Efforts
In an effort to improve coordination across federal agencies and to promote interagency
cooperation on invasive species activities, various committees have been established over the
years. Some are broadly tasked with addressing a range of invasive species concerns; others are
more narrowly focused on specific types of ecosystems, whether aquatic or terrestrial systems, or
on specific species groups such as animals or vegetation and weeds. Although the stated missions
of the various interagency committees may complement each other by specializing in a particular
area, this could result in duplicative efforts and redundancies across some committee
jurisdictions. Also, unlike many of the federal agencies that are engaged in invasive species
activities under an explicit legal or statutory authority and, in some cases, authorized funding to
implement certain programs, the interagency committees established to coordinate activities
across the federal agencies often lack the authority and available funding to be able to implement
certain policies and actions.

National Invasive Species Council
NISC provides high-level interdepartmental coordination of federal invasive species actions and
works with other federal and nonfederal groups to address invasive species issues at the national
level. NISC was created by Executive Order 13112 in 1999. NISC is co-chaired by the Secretaries
of the Interior, Agriculture, and Commerce. The membership of the council also consists of the
Secretaries of Defense, Health and Human Services, State, Transportation, and Treasury as well
as the Administrators of the Agency for International Development (USAID) and the
Environmental Protection Agency (EPA).
NISC and its member agencies, supported by its advisory committee (Invasive Species Advisory
Committee, ISAC),63 are tasked with developing recommendations for international cooperation,
63

ISAC is a group of nonfederal experts and stakeholders established and mandated by Executive Order 13112 to
(continued...)

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promoting a network to document and monitor invasive species impacts, and encouraging
development of an information-sharing system on invasive species. Among NISC’s other duties
and activities are to:









prepare, revise, and issue a national invasive species management plan;
draft the interdepartmental invasive species performance budget;
oversee implementation of Executive Order 13112, and review progress under
the NISC Management Plan and Executive Order 13112 (as part of a five year
review);
encourage planning and action at local, tribal, state, regional, and ecosystem
based level to achieve strategic goals;
work with the Council on Environmental Quality (CEQ) to develop guidance for
federal agencies pursuant to NEPA;
work with the Department of State to provide input for international invasive
species standards and cooperation; and
facilitate development of a coordinated network among federal agencies to
document, evaluate, and monitor invasive species impacts.

In 2001, NISC released its first national invasive species management plan. The 2001 plan
recommended nine goals for invasive species management and, with the help of ISAC,
recommended research needs and measures to minimize the risk of species introductions. The
2001 plan constituted the first federal attempt to coordinate invasive species actions over a broad
range of species and habitats; across federal, state, and local governments; and with private
industry, interest groups, and private individuals.64 Among the major features in the plan were the
three key areas of prevention, early detection and rapid response, and control and management,
which account for the majority of overall federal funding (see Table 2).
NISC completed a five year review of Executive Order 13112 in 2005.65 Also in 2005, the
National Invasive Species Information Center (NISIC) was established.66 The NISIC website
serves as a reference gateway to information, organizations, and services about invasive species,
and is maintained by USDA’s National Agricultural Library. The website posts the national
invasive species management plan and provides extensive links to major data bases.
NISC released its second management plan in 2008, revising the 2001 plan. The revised plan
directed federal efforts from 2008 through 2012.67 The 2008 plan focused on five strategic goals:
prevention; early detection and rapid response; control and management; restoration; and
organizational collaboration. These goals are supported through efforts such as research, data and
information management, education and outreach, and international cooperation.68

(...continued)
provide advice to NISC on invasive species-related issues. The advisory committee includes academics, representatives
of state and local governments; port authorities; the pet, nursery, and pesticide industries; several environmental
groups; a commercial fisherman; and a rancher.
64
NISC, 2001 National Invasive Species Management Plan, January 2001.
65
A five year review is required by Executive Order 13112. NISC, Five-Year Review of Executive Order 13112 on
Invasive Species, 2005. Prepared for and submitted to the Office of Management and Budget.
66
NISIC develops and manages the http://www.invasivespeciesinfo.gov website.
67
NISC, 2008 – 2012 National Invasive Species Management Plan, August 2008.
68
NISC’s management plan, while discussing improvements in international cooperation in general terms, does not
(continued...)

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NISC released its most recent management plan in 2016, which will direct federal efforts from
2016 through 2018.69 The revised plan established certain priority action items, including
providing institutional leadership and setting priorities, facilitating effective coordination and
cost-efficiencies, raising awareness and motivating high-impact actions, removing institutional
barriers, assessing and strengthening federal capacities, and fostering innovation.

Aquatic Nuisance Species Task Force
The Aquatic Nuisance Species Task Force (ANSTF) is an intergovernmental organization,
established in 1991 to implement NANPCA.70 The ANSTF is co-chaired by FWS and NOAA,
which coordinate government efforts related to nonindigenous aquatic species in the United
States with those of the private sector and other North American interests.
Overall, ANSTF consists of 25 members. Of these, 13 are federal agency representatives: EPA,
Coast Guard, U.S. Army Corps of Engineers, Forest Service, National Park Service, Bureau of
Reclamation, Bureau of Land Management, Maritime Administration, USDA APHIS, U.S.
Geological Survey, and the Department of State (along with co-chairs FWS and NOAA). The
other 12 ex officio members include mostly regional representatives.71 Six regional panels for the
Great Lakes, Western (19 western states and Guam), Mid-Atlantic, Gulf and South Atlantic,
Mississippi River Basin, and Northeast regions serve as advocates and advisory committees to
ANSTF, coordinating interagency efforts to address regional priorities.
ANSTF approves comprehensive state and interstate plans for managing nonindigenous aquatic
species. There were 41 approved state and interstate plans.72 ANSTF manages a public awareness
campaign targeted toward aquatic recreation users entitled “Stop Aquatic Hitchhikers.” The
campaign builds on voluntary guidelines for recreational activities to highlight measures that can
be taken to minimize the spread of aquatic invasive species.73 ANSTF also has conducted studies
and reports to Congress addressing ballast water exchange, controls on vessels, and aquatic
nuisance species, among other issues.

Federal Interagency Committee for Management of Noxious and Exotic Weeds
The Federal Interagency Committee for Management of Noxious and Exotic Weeds (FICMNEW)
was created in 1994 through a memorandum of understanding among key federal agencies. It is
composed of representatives from 16 federal agencies with invasive plant management and
regulatory responsibilities. These include the Departments of Agriculture, the Interior,
Transportation, Defense, and Energy as well as EPA.74 FICMNEW fosters cooperative work on
management of noxious and exotic weeds on federal lands and provides technical assistance on
private lands. The committee has released several publications and issue papers.75 FICMNEW
(...continued)
describe any specific agency tasks which the United States itself might identify to prevent the spread of U.S. species
that might cause harm in other countries.
69
NISC, 2016-2018 National Invasive Species Council (NISC) Management Plan, July 2016.
70
16 U.S.C. §§4701, et seq., as amended by the National Invasive Species Act of 1996.
71
A list of ANSTF members is at http://anstaskforce.gov/members.php.
72
State and interstate plans are available at http://anstaskforce.gov/stateplans.php
73
See “Protect Your Waters” website at http://www.protectyourwaters.net/.
74
For more information, see FICMNEW’s website: http://www.fs.fed.us/ficmnew/index.shtml.
75
Publications are available at http://www.fs.fed.us/ficmnew/guidance.shtml.

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works with NISC to implement Executive Order 13122 and to coordinate federal agency
activities that prevent and control invasive plants.

Invasive Terrestrial Animals and Pathogens
The Invasive Terrestrial Animals and Pathogens (ITAP) is a federal scientific and technical
interagency group housed at USDA to coordinate sharing of technical information for program
planning and for managing invasive species.76 It was established in 2004 by a memorandum of
understanding between USDA, the Department of the Interior and the Smithsonian Institution.
Other partners include the Departments of Defense, Health and Human Services, Homeland
Security, State, and Transportation, as well as EPA and National Aeronautics and Space
Administration. ITAP’s mission is to “support and facilitate more efficient networking and
sharing of technical information for program planning and coordination” among federal agencies
involved with invasive species research and management. ITAP focuses on several major
taxonomic groups of invasive species, and its mission parallels and complements the missions of
FICMNEW and ANSTF.

Department of Agriculture
USDA has a variety of programs affecting invasive species spanning several USDA agencies,77
and also is a statutory co-chair of NISC.

Animal and Plant Health Inspection Service
APHIS is the primary USDA agency charged with preventing plant and animal pests and
diseases, including non-native invasive species, from entering the United States. Accordingly,
APHIS can prohibit, inspect, treat, quarantine, or require mitigation measures prior to allowing
entry of plant species, plant pests, biological control organisms, animals, animal products and byproducts, or their host commodities or conveyances. APHIS is also involved with overseas
control and eradication of some invasive pest species and regulates the importation/exportation of
veterinary biological products intended to treat animal disease.
APHIS is responsible for protecting U.S. agriculture from domestic and foreign pests and
diseases, responding to domestic animal and plant health problems, and facilitating agricultural
trade. As part of APHIS’ regulatory framework, the agency regulates certain animals and animal
products to guard against the introduction of animal diseases into the United States,78 and
regulates certain plants and plant products prohibiting or restricting the importation of plants,
plant parts, and plant products into the United States.79 APHIS also lists noxious weeds that may
be a concern involving the importation and interstate movement of plants and plant products.80
The text box below provides a partial listing of some of the plant and wildlife programs and
76

R. M. Nowerierski and H. J. Meyer, “Establishing Inter-agency Multidisciplinary Areawide Pest Management
Programmes,” Areawide Pest Management: Theory and Implementation, ed. O. Koul et al., 2008.
77
Information provided here of the activities at each USDA agency is excerpted from “Avoiding Harm From Invasive
Species” report (also known as “USDA Do No Harm Report”), particularly its 2011 report.
78
AHPA (7 U.S.C. §§8301-8302); regulations are at 9 CFR Parts 91 through 99.
79
PPA (7 U.S.C. §§7701 et seq.); regulations are at 7 CFR Part 319. The requirements apply to many commodities,
including nursery stock.
80
7 U.S.C. §2814; regulations are at 7 CFR Parts 360 and 361. Refers to plants that can directly or indirectly injure or
cause damage to crops, livestock, poultry, or other interests of agriculture, irrigation, navigation, the natural resources,
public health, or the environment.

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ongoing efforts at USDA—primarily addressing concerns to U.S. agriculture. Many of these plant
and animal species are invasive.
APHIS conducts program delivery, research, and other activities through its regional and state
offices, the National Wildlife Research Center and its field stations, as well as through its national
programs. It has a number of ongoing efforts targeting certain plant pest concerns for key
invasive species that are known to harm agricultural production.81 APHIS also administers the
Plant Epidemiology and Risk Analysis Laboratory (PERAL), whose scientists and professionals
conduct Plant Protection and Quarantine (PPQ) analyses for pest risks. PERAL is responsible for
providing essential scientific support to risk-based policy-making across a broad range of
phytosanitary issues.
APHIS’s Wildlife Services activities target introduced and invasive animal species of concern,
including brown tree snakes, Gambian rats, nutria, coqui frogs, pigeons, starlings, house
sparrows, feral pigs, and Burmese pythons. APHIS’ sVeterinary Services activities include the
National Animal Health Laboratory Network, which is a state-federal cooperative effort including
the APHIS National Veterinary Services Laboratories, and provide reference and confirmatory
laboratory services including training, proficiency testing, and prototypes for diagnostic tests. For
example, more than 40 laboratories have been trained and proficiency-tested to perform foot and
mouth disease, avian influenza, and exotic Newcastle surveillance diagnostics, among other
animal-related diseases.
Control methods used by the agency include providing advice to individuals and to municipal,
state or federal agencies on a wide variety of preventative, nonlethal control methods.82 Control
of predatory animals, native or non-native, is largely carried out by lethal means, including
hunting, trapping, and poisoning. The agency publishes annual Program Data Reports to inform
the public about its wildlife damage management activities.
The agency has memoranda of understanding and other cooperative agreements with FWS, the
National Park Service, the Bureau of Land Management, the Forest Service, and state natural
resource agencies to help protect natural resources, including wildlife and threatened or
endangered species, from loss of life, habitat, or food supply due to the activities of other species.
The agency also addresses damage problems caused by such non-native species as nutria
(Myocastor coypus), European starlings (Sturnus vulgaris), and monk parakeets (Myiopsitta
monachus) and is also charged with monitoring and controlling the brown tree snake.
The two primary laws administered by APHIS are the Plant Health Protection Act (7 U.S.C.
§§7701-7721) and the Animal Health Protection Act (7 U.S.C. §§8301-8322). Other laws and
statutes governing APHIS activities relating to invasive species also include the Agricultural
Bioterrorism Act (7 U.S.C. §8401); the Animal Damage Control Act (7 U.S.C. §§426 et seq.); the
Federal Seed Act (7 U.S.C. §§1551 et seq.); the Federal Noxious Weed Act (7 U.S.C. §2814); and
the Noxious Weed Control and Eradication Act of 2004 (7 U.S.C. §§7781-7786).

81

APHIS, Plant Pest Program Information, http://www.aphis.usda.gov/plant_health/plant_pest_info/. Also see “Federal
Noxious Weeds List” (http://www.aphis.usda.gov/plant_health/plant_pest_info/weeds/downloads/weedlist.pdf).
82
For more information, see CRS Report R44011, Invasive Species: Control Options and Issues for Congress.

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Selected APHIS Plant and Wildlife Pest Programs/Efforts
Following is a partial listing of some ongoing USDA plant and wildlife programs, most of which address species
primarily regarded as a concern to U.S. agricultural production, including fisheries and aquaculture. Many of these
plant and animal species are invasive.


Plant Diseases: Black stem rust/barberry; chrysanthemum white rust; citrus diseases (including citrus canker,
citrus greening, and Asian citrus psyllid); European larch canker; gladiolus rust; karnal bunt; sudden oak death;
plum pox; potato diseases (such as potato virus Y strains, potato wart, and ralstonia); soybean rust; and
thousand cankers disease.



Weeds: Anchored waterhyacinth; giant salvinia; giant hogweed; hydrilla; melaleuca (or broadleaf paper bark
tree); Mikania micrantha; onionweed; old world climbing fern; maidenhair creeper; tropical soda apple; tropical
spiderwort (also known as Benghal dayflower); and witchweed (among many other aquatic and parasitic noxious
weeds).



Nematodes: Golden Nematodes and pale cyst nematode.



Mollusks: Giant African land snail; temperate terrestrial gastropod; and zebra and quagga mussel (latter mostly
addressed by NOAA and state department of fish and game).



Insects and Mites: Asian longhorned beetle; brown marmorated stink bug; elm seed bug; cotton pests (such as
boll weevil and pink bollworm); spotted wing drosophila; emerald ash borer; European grapevine moth; false
codling moth; fruit flies (especially within the genera Anastrepha, Bactrocera, and Ceratitis); grasshopper/
Mormon cricket; gypsy moth; imported fire ant; Japanese beetle; Khapra beetle (or cabinet beetle); light brown
apple moth; panicle rice mite; pine shoot beetle; and palm weevils. (European honey bees, introduced to the
United States, are also considered non-native.)


Other Wildlife: Brown tree snake; European starling; feral swine; nutria; and Gambian pouch rat.
Sources: Compiled by CRS from various USDA sources.

Farm Service Agency
The Farm Service Agency (FSA) administers USDA’s Conservation Reserve Program (CRP).83
CRP is a voluntary program that helps agricultural producers and landowners use
environmentally sensitive lands (such as lands that are highly erodible) for conservation benefits,
including weed control (including noxious weeds) and invasive species, insects, pests, and other
undesirable species on enrolled lands. Accordingly, the primary statute governing FSA relating to
invasive species are provisions regarding CRP (16 U.S.C. §§3838a, 3832).

Foreign Agricultural Service
The Foreign Agricultural Service (FAS), working with APHIS, helps provide invasive species
technical assistance to foreign countries seeking to import raw agricultural commodities and food
products into the United States to ensure they do not also inadvertently introduce plant and
animal pest and disease concerns, including invasive species.

Forest Service
The Forest Service manages invasive activities on 193 million acres of National Forests and
grasslands. As part of its forest and resource management activities, it has numerous programs
intended to prevent invasive species introduction and spread, controlling the most threatening
invasive species, monitoring to detect newly introduced species, and restoring ecosystems
damaged by invasive plants, insects or pathogens. The agency’s activities in the National Forest
83

16 U.S.C. §3831. Also see CRS Report R42783, Conservation Reserve Program (CRP): Status and Issues.

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System (NFS) are intended to improve forest management by preventing, controlling, and
eradicating aquatic and terrestrial invasive species (including invasive plants, pathogens,
vertebrates, and invertebrates), as well as monitoring to detect newly introduced species, and
restoring ecosystems damaged by invasive plants, insects or pathogens.84 Some Forest Service
activities regarding invasive species are:85








respond to nationwide threats to forest ecosystems from non-native invasive
species: insects, pathogens and plants;
support the establishment of Cooperative Weed Management Areas and also
Cooperative Invasive Species Management Areas;
develop a Forest Service Manual (FSM 2900) for invasive species management
on the NFS, and also a NFS Invasive Species Management Handbook;
establish an Early Detection and Rapid Response (EDRR) initiative and also an
Invasive Insects Early Detection Program;
conduct training, and provide funding and technology for invasive species work;
develop policies regarding both native and invasive species management in
national forests; and
conduct data management, recordkeeping and reporting, and research.

To support these efforts, the FS conducts research focused on invasive plant species, including
ecological studies to support restoration of sites after treatment of exotic weeds, as well as control
Miconia sp. and other invasive plants in Hawaii; kudzu (Pueraria montana var. lobata) in the
southern United States; yellow starthistle (Centaurea solstitialis), spotted knapweed (Centaurea
maculosa), and leafy spurge (Euphorbia esula) in Idaho; among other non-native invasive
species. In addition, the Forest Service seeks to control and mitigate the impacts from harmful
non-native invasive insects, such as the Asian longhorned beetle (Anoplophera glabripennis),
gypsy moth (Lymantria dispar), hemlock woolly adelgid (Adelges tsugae), and browntail moth
(Euproctis chrysorrhoea). The agency conducts research on such tree diseases as butternut canker
and sudden oak death syndrome, and works to find and develop trees genetically resistant to
Dutch elm disease, pitch canker, chestnut blight, and white pine blister rust.
The Forest Service works closely with state agencies, private landowners, and tribal governments
on prevention and control activities, and provides funding and technical assistance through its
state and private forestry programs.
Primary laws governing Forest Service programs relating to invasive species include the Organic
Administration Act (16 U.S.C. §551), Multiple-Use Sustained-Yield Act (16 U.S.C. §§528-531),
Forest and Rangeland Renewable Resources Planning Act (16 U.S.C. §§1671 et seq.), Federal
Noxious Weed Act (7 U.S.C. §2814), Public Rangelands Improvement Act (43 U.S.C. §§19011908), Federal Land Policy and Management Act (43 U.S.C. §1701), Cooperative Forestry
Assistance Act (16 U.S.C. §§2101-2111), among others. Many of these authorities do not focus
strictly on invasive species management, but also apply to other Forest Service activities
including rangeland management, research, or public use activities.

84

NFS regularly treats thousands of acres of lands and waters infested with invasive species, including targeted nonplant invasive species.
85
USDA, “Avoiding Harm From Invasive Species,” various years.

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Research, Education, and Economics Agencies
USDA’s Research, Education, and Economics agencies are responsible for research, analysis, and
data collection within USDA. Three agencies support research on invasive species: Agricultural
Research Service (ARS), Economic Research Service (ERS), and National Institute of Food and
Agriculture (NIFA).86

Agricultural Research Service
ARS is USDA’s chief in-house research agency, and provides scientific and technical support for
its regulatory agencies, including APHIS. ARS has significant involvement in pest management,
including invasive species, through its research infrastructure. Its personnel and facilities in
domestic and foreign laboratories provide support to other agencies, organizations, and state
governments. Some of the agency’s activities regarding invasive species are:87
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maintain overseas biological control laboratories and quarantine facilities, and
develop procedures relating to conducting tests for the release of biological
control agents in accordance with the requirements of NEPA;88
maintain and manage e-Government and public communication initiatives, such
as the website, http://www.invasivespeciesinfo.gov, through the agency’s
National Invasive Species Information Center at the National Agricultural
Library within ARS, among other public outreach and educational activities;
conduct biological control host-specificity testing to support research efforts in
Integrated Pest Management (IPM);89
conduct area-wide pest management programs, including demonstrations of IPM
and other systems that employ biologically-based or pest-specific methods to
reduce use of certain chemical pesticides;
develop technologies and approaches to reduce nontarget effects associated with
conventional pesticides; and
provide support for the NISC and ITAP.

Research activities of ARS include the detection, identification, characterization, prevention,
monitoring, and control of plant diseases, insects, weeds, and animal diseases.

Economic Research Service
ERS, the USDA’s in-house economic research agency, contributes to USDA’s invasive species
efforts through its Program of Research on the Economics of Invasive Species Management
(PREISM), as well as its programs on pesticide use and pest management economic research and
86

Another USDA data and research agency, the National Agricultural Statistics Service (NASS) is not discussed here.
USDA, “Avoiding Harm From Invasive Species,” various years, including USDA, “Avoiding Harm From Invasive
Species In FY2011” February 27, 2012.
88
42 U.S.C. §§4321 et seq.
89
Section 15 of the Federal Noxious Weed Act, and Executive Order 13112 direct Federal agencies to use an IPM
approach for the management of undesirable plants on federal lands, including education; preventive measures;
cultural, mechanical, physical, biological and chemical control; and general land management practices (such as
revegetation, manipulation of livestock or wildlife grazing, and improvement of livestock and wildlife habitat). For
more information, see University of California, Statewide Integrated Pest management Program, “Definition of
Integrated Pest Management,” http://www.ipm.ucdavis.edu/GENERAL/ipmdefinition.html.
87

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analysis program. PREISM was initiated in 2003 to examine the economics of managing invasive
pests in increasingly global agricultural markets. Through PREISM, ERS has funded a
competitive awards program that focuses on national decision-making concerning invasive
species of agricultural significance or affecting, or affected by, USDA programs. In addition, ERS
research on pesticide use provides information used to administer the integrated pest management
program, Food Quality Protection Act90 implementation, and invasive species programs.91

National Institute of Food and Agriculture
NIFA distributes federal funds to support research and extension programs at the land grant
colleges of agriculture in every state.92 NIFA supports research, education, and extension
programs in the land grant university system and other partner organizations; it does not perform
actual research, education, or extension but instead helps fund programs at the state and local
level. NIFA allocates some funds to each state according to formulas spelled out in authorizing
laws, and distributes the rest through various competitive grant programs.
NIFA maintains two national plant and animal diagnostic laboratory networks to detect and report
pathogens of national interest, and to provide timely information and training to state university
diagnostic laboratories. These include the National Plant Diagnostic Network93 and the National
Animal Health Laboratory Network.94 NIFA also supports ongoing IPM work, pesticide use and
pest management, training, and other extension and education programs. NIFA supports activities
in the Technical Advisory Group for the Biological Control of Weeds. NIFA also supports statelevel research on invasive species, and extension programs to help farmers, ranchers, and private
landowners to adopt cost-effective, environmentally safe controls for invasive species.

Natural Resources Conservation Service
The Natural Resources Conservation Service (NRCS) provides technical assistance to
cooperating landowners and federal agencies (such as the Forest Service and Bureau of Land
Management) on adopting conservation practices on agricultural land, including rangeland. The
agency also promotes conservation planning through many of its farmland conservation programs
that provide both technical and financial assistance to farmers and landowners. Some NRCS
activities regarding invasive species are as follows:95


Provide U.S. private landowners with financial and technical assistance to control
and/or eradicate invasive plants through USDA farmland conservation
programs96 in an effort to maintain the desired vegetation (e.g., food crops and
forage), to maintain the desired characteristics of the land (e.g., wetland open
water), and to diminish invasive plants spreading to neighboring lands.

90

FQPA, enacted in 1996 (P.L. 104-170), amended Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and
the Federal Food, Drug, and Cosmetic Act (FFDCA). For more information see CRS Report RL31921, Pesticide Law:
A Summary of the Statutes.
91
ERS, Program of Research on the Economics of Invasive Species Management FY 2003-2011 Activities, May 2011.
92
Formerly Cooperative State Research, Education, and Extension Service or CSREES.
93
Led by five regional laboratories (Cornell University, University of Florida, Michigan State University, Kansas State
University, and University of California-Davis) and one support laboratory (Texas Tech University).
94
For more information, see USDA’s websites: http://www.aphis.usda.gov/animal_health/nahln/downloads/
NAHLNBriefingCurrent.pdf and http://www.nifa.usda.gov/nea/ag_biosecurity/in_focus/apb_if_healthlab.html.
95
USDA, “Avoiding Harm From Invasive Species,” various years.
96
For more information, see CRS Report R40763, Agricultural Conservation: A Guide to Programs.

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Develop NRCS Conservation Practice Standards, consisting of 170 practice
standards to guide applying conservation technology on the land and minimum
levels for application of the technology.
Operate NRCS Plant Materials Centers nationwide to cultivate and provide seed
stock of plants that are used for vegetative conservation practices within various
geographical regions. These centers encourage use of native plants for
restoration, reclamation, and conservation practice uses, and support studies
nationwide to control or suppress weeds and find suitable replacements for
invasive species once control is achieved.97 In addition to the National Plant
Materials Center (located in Beltsville, Maryland), other materials centers serve
several major land resource areas.
Support the PLANTS Database (http://plants.usda.gov) to determine beneficial
plants that do well within a particular geographical location, as well as to list
plants that should not be planted within a particular environment (e.g., federal
and state noxious weed lists).

Among the laws that govern NRCS activities relating to invasive species are the Soil
Conservation and Domestic Allotment Act (16 U.S.C. §590(a)-590(f)) and various farmland
conservation provisions in various omnibus farm bill laws.

Department of Commerce
National Oceanic and Atmospheric Administration
The National Oceanic and Atmospheric Administration (NOAA) is a statutory co-chair of both
the interagency NISC and ANSTF, and administers a variety of programs aimed at expanding and
coordinating prevention, early detection, rapid response, control, and monitoring programs
nationwide. NOAA is responsible for supporting research and monitoring efforts on the effects of
aquatic invasive species on ecosystems and socioeconomic factors. It also assists regions and
states by providing technical support and best management practices to prevent and contain
invasive species. NOAA sub-agencies, including the National Ocean Service and the National
Marine Fisheries Service, are involved in both prevention and control activities. In addition, the
National Ocean Service monitors coastal areas for the presence of nonindigenous species.
NOAA’s Sea Grant programs on invasive species focus on marine systems and the Great Lakes,
through funding of research, education, and outreach to address threats from invasive species.
Through this program, NOAA has supported research on ballast water technology and marine
engineering advances to combat aquatic nuisance species under two efforts—NOAA’s Great
Lakes Environmental Research Lab (GLERL) and at the Cooperative Institute for Limnology and
Ecosystems Research at Michigan State University (NOAA’s Joint Institute partner). Regarding
invasive species, GLERL targets both the prevention and control to stop the inflow and spread of
new aquatic organisms, with particular emphasis on ship ballast, and also understanding and
minimizing the ecological and economic impacts of recent species invasions, especially the ongoing secondary effects of zebra mussels. GLERL also leads investigations of invasive species
impacts on the Great Lakes ecosystem, focusing on zebra mussels and other recent invaders.
Other program efforts support research on the biology of non-native invasive species; impacts of
invasive species on ecosystems, including socioeconomic analysis of costs and benefits; control
97

Some of the target weeds in this effort are yellow starthistle, cheatgrass, knapweed, Canada thistle, and cogongrass.

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and mitigation options; prevention of new introductions; and reduction in the spread of
established populations of harmful non-native species. The program also funded a Nationwide
Zebra Mussel Training Initiative to provide technical services outside the coastal and Great Lakes
areas and provide inland states with a knowledge base for creating state and regional programs.
The primary law governing NOAA’s role in addressing invasive species is the Nonindigenous
Aquatic Nuisance Prevention and Control Act (16 U.S.C. §4701, et seq.), as amended.

Department of Defense
The Department of Defense (DOD) manages over 25 million acres of lands within military
installations and engages in management and control of invasive non-native species. DOD
controls and manages invasive species in accordance with individual plans governing each
installation or base. The goals of DOD’s Invasive Species Management Program are prevention,
control of invasive species on military installations, and restoration using native plants. The
Armed Forces Pest Management Board coordinates DOD activities to prevent and control the
spread of invasive species, including the brown tree snake and noxious weeds, on, to, or from
military bases. DOD is also promulgating joint regulations with EPA to set national performance
standards that will require the use of marine pollution control devices to control discharges
incidental to the normal operation of armed forces vessels.98

Army Corps of Engineers99
The U.S. Army Corps of Engineers (USACE) supports a range of invasive species efforts. The
Corps generally undertakes efforts to prevent or reduce the establishment of invasive species at its
projects pursuant to its national USACE Invasive Species Policy.100 Invasive species work within
individual projects is typically funded through Operations and Maintenance (O&M) funding for
each project; the nature of the work at the project level is addressed in project planning
documents. Other USACE activities (e.g., regulatory activities) must also take invasive species
into consideration.
USACE also has specific programs that address subcategories of invasive species. The Aquatic
Plant Control Program provides cost-shared assistance to states for aquatic plant management that
is not a part of routine federal project maintenance.101 At full federal costs, USACE administers
an Aquatic Nuisance Species Research Program, which develops methods and provides general
guidance and research assistance on invasive species control strategies.102 Finally, USACE fully
funds control of aquatic plants, predominantly invasive species, in waterways in certain
southeastern states through its Removal of Aquatic Growth Program.103

98

§312(n) of the Clean Water Act (33 U.S.C. §§1251-1376. Regulations are at 40 CFR Part 1700. These standards are
referred to as Uniform National Discharge Standards (UNDS).
99
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Source: Frix Law Library, https://www.frixlaw.com/law-library/documents/crs%3AR43258. Public record. Not legal advice.