Safeguarding the Nation From the Impacts of Invasive Species

[Federal Register Volume 81, Number 236 (Thursday, December 8, 2016)]

[Presidential Documents]

[Pages 88609-88614]

From the Federal Register Online via the Government Publishing Office [www.gpo.gov]

[FR Doc No: 2016-29519]

Presidential Documents

Federal Register / Vol. 81 , No. 236 / Thursday, December 8, 2016 /

Presidential Documents

___________________________________________________________________

Title 3--

The President

[[Page 88609]]

Executive Order 13751 of December 5, 2016

Safeguarding the Nation From the Impacts of

Invasive Species

By the authority vested in me as President by the

Constitution and to ensure the faithful execution of

the laws of the United States of America, including the

National Environmental Policy Act of 1969, as amended

(42 U.S.C. 4321 et seq.), the Nonindigenous Aquatic

Nuisance Prevention and Control Act of 1990, (16 U.S.C.

4701 et seq.), the Plant Protection Act (7 U.S.C. 7701

et seq.), the Lacey Act, as amended (18 U.S.C. 42, 16

U.S.C. 3371-3378 et seq.), the Endangered Species Act

of 1973, as amended (16 U.S.C. 1531 et seq.), the

Noxious Weed Control and Eradication Act of 2004 (7

U.S.C. 7781 et seq.), and other pertinent statutes, to

prevent the introduction of invasive species and

provide for their control, and to minimize the

economic, plant, animal, ecological, and human health

impacts that invasive species cause, it is hereby

ordered as follows:

dication Act of 2004 (7

U.S.C. 7781 et seq.), and other pertinent statutes, to

prevent the introduction of invasive species and

provide for their control, and to minimize the

economic, plant, animal, ecological, and human health

impacts that invasive species cause, it is hereby

ordered as follows:

Section 1. Policy. It is the policy of the United

States to prevent the introduction, establishment, and

spread of invasive species, as well as to eradicate and

control populations of invasive species that are

established. Invasive species pose threats to

prosperity, security, and quality of life. They have

negative impacts on the environment and natural

resources, agriculture and food production systems,

water resources, human, animal, and plant health,

infrastructure, the economy, energy, cultural

resources, and military readiness. Every year, invasive

species cost the United States billions of dollars in

economic losses and other damages.

Of substantial growing concern are invasive species

that are or may be vectors, reservoirs, and causative

agents of disease, which threaten human, animal, and

plant health. The introduction, establishment, and

spread of invasive species create the potential for

serious public health impacts, especially when

considered in the context of changing climate

conditions. Climate change influences the

establishment, spread, and impacts of invasive species.

and

plant health. The introduction, establishment, and

spread of invasive species create the potential for

serious public health impacts, especially when

considered in the context of changing climate

conditions. Climate change influences the

establishment, spread, and impacts of invasive species.

Executive Order 13112 of February 3, 1999 (Invasive

Species), called upon executive departments and

agencies to take steps to prevent the introduction and

spread of invasive species, and to support efforts to

eradicate and control invasive species that are

established. Executive Order 13112 also created a

coordinating body--the Invasive Species Council, also

referred to as the National Invasive Species Council--

to oversee implementation of the order, encourage

proactive planning and action, develop recommendations

for international cooperation, and take other steps to

improve the Federal response to invasive species. Past

efforts at preventing, eradicating, and controlling

invasive species demonstrated that collaboration across

Federal, State, local, tribal, and territorial

government; stakeholders; and the private sector is

critical to minimizing the spread of invasive species

and that coordinated action is necessary to protect the

assets and security of the United States.

invasive species demonstrated that collaboration across

Federal, State, local, tribal, and territorial

government; stakeholders; and the private sector is

critical to minimizing the spread of invasive species

and that coordinated action is necessary to protect the

assets and security of the United States.

This order amends Executive Order 13112 and directs

actions to continue coordinated Federal prevention and

control efforts related to invasive species. This order

maintains the National Invasive Species Council

(Council) and the Invasive Species Advisory Committee;

expands the membership of the Council; clarifies the

operations of the Council; incorporates considerations

[[Page 88610]]

of human and environmental health, climate change,

technological innovation, and other emerging priorities

into Federal efforts to address invasive species; and

strengthens coordinated, cost-efficient Federal action.

Sec. 2. Definitions. Section 1 of Executive Order 13112

is amended to read as follows:

``Section 1. Definitions. (a) `Control' means

containing, suppressing, or reducing populations of

invasive species.

(b) `Eradication' means the removal or destruction

of an entire population of invasive species.

(c) `Federal agency' means an executive department

or agency, but does not include independent

establishments as defined by 5 U.S.C. 104.

suppressing, or reducing populations of

invasive species.

(b) `Eradication' means the removal or destruction

of an entire population of invasive species.

(c) `Federal agency' means an executive department

or agency, but does not include independent

establishments as defined by 5 U.S.C. 104.

(d) `Introduction' means, as a result of human

activity, the intentional or unintentional escape,

release, dissemination, or placement of an organism

into an ecosystem to which it is not native.

(e) `Invasive species' means, with regard to a

particular ecosystem, a non-native organism whose

introduction causes or is likely to cause economic or

environmental harm, or harm to human, animal, or plant

health.

(f) `Non-native species' or `alien species' means,

with respect to a particular ecosystem, an organism,

including its seeds, eggs, spores, or other biological

material capable of propagating that species, that

occurs outside of its natural range.

(g) `Pathway' means the mechanisms and processes by

which non-native species are moved, intentionally or

unintentionally, into a new ecosystem.

(h) `Prevention' means the action of stopping

invasive species from being introduced or spreading

into a new ecosystem.

utside of its natural range.

(g) `Pathway' means the mechanisms and processes by

which non-native species are moved, intentionally or

unintentionally, into a new ecosystem.

(h) `Prevention' means the action of stopping

invasive species from being introduced or spreading

into a new ecosystem.

(i) `United States' means the 50 States, the

District of Columbia, the Commonwealth of Puerto Rico,

Guam, American Samoa, the U.S. Virgin Islands, the

Commonwealth of the Northern Mariana Islands, all

possessions, and the territorial sea of the United

States as defined by Presidential Proclamation 5928 of

December 27, 1988.''

Sec. 3. Federal Agency Duties. Section 2 of Executive

Order 13112 is amended to read as follows:

``Sec. 2. Federal Agency Duties. (a) Each Federal

agency for which that agency's actions may affect the

introduction, establishment, or spread of invasive

species shall, to the extent practicable and permitted

by law,

(1) identify such agency actions;

(2) subject to the availability of appropriations, and

within administrative, budgetary, and jurisdictional

limits, use relevant agency programs and authorities

to:

spread of invasive

species shall, to the extent practicable and permitted

by law,

(1) identify such agency actions;

(2) subject to the availability of appropriations, and

within administrative, budgetary, and jurisdictional

limits, use relevant agency programs and authorities

to:

(i) prevent the introduction, establishment, and spread of invasive

species;

(ii) detect and respond rapidly to eradicate or control populations of

invasive species in a manner that is cost-effective and minimizes human,

animal, plant, and environmental health risks;

(iii) monitor invasive species populations accurately and reliably;

(iv) provide for the restoration of native species, ecosystems, and other

assets that have been impacted by invasive species;

(v) conduct research on invasive species and develop and apply technologies

to prevent their introduction, and provide for environmentally sound

methods of eradication and control of invasive species;

(vi) promote public education and action on invasive species, their

pathways, and ways to address them, with an emphasis on prevention, and

early detection and rapid response;

(vii) assess and strengthen, as appropriate, policy and regulatory

frameworks pertaining to the prevention, eradication, and control of

invasive species and address regulatory gaps, inconsistencies, and

conflicts;

[[Page 88611]]

(viii) coordinate with and complement similar efforts of States,

territories, federally recognized American Indian tribes, Alaska Native

Corporations, Native Hawaiians, local governments, nongovernmental

organizations, and the private sector; and

(ix) in consultation with the Department of State and with other agencies

as appropriate, coordinate with foreign governments to prevent the movement

and minimize the impacts of invasive species; and

s of States,

territories, federally recognized American Indian tribes, Alaska Native

Corporations, Native Hawaiians, local governments, nongovernmental

organizations, and the private sector; and

(ix) in consultation with the Department of State and with other agencies

as appropriate, coordinate with foreign governments to prevent the movement

and minimize the impacts of invasive species; and

(3) refrain from authorizing, funding, or implementing

actions that are likely to cause or promote the

introduction, establishment, or spread of invasive

species in the United States 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.

(c) Federal agencies shall pursue the duties set

forth in this section in coordination, to the extent

practicable, with other member agencies of the Council

and staff, consistent with the National Invasive

Species Council Management Plan, and in cooperation

with State, local, tribal, and territorial governments,

and stakeholders, as appropriate, and in consultation

with the Department of State when Federal agencies are

working with international organizations and foreign

nations.

e National Invasive

Species Council Management Plan, and in cooperation

with State, local, tribal, and territorial governments,

and stakeholders, as appropriate, and in consultation

with the Department of State when Federal agencies are

working with international organizations and foreign

nations.

(d) Federal agencies that are members of the

Council, and Federal interagency bodies working on

issues relevant to the prevention, eradication, and

control of invasive species, shall provide the Council

with annual information on actions taken that implement

these duties and identify barriers to advancing

priority actions.

(e) To the extent practicable, Federal agencies

shall also expand the use of new and existing

technologies and practices; develop, share, and utilize

similar metrics and standards, methodologies, and

databases and, where relevant, platforms for monitoring

invasive species; and, facilitate the interoperability

of information systems, open data, data analytics,

predictive modeling, and data reporting necessary to

inform timely, science-based decision making.

Sec. 4. Emerging Priorities. Federal agencies that are

members of the Council and Federal interagency bodies

working on issues relevant to the prevention,

eradication, and control of invasive species shall take

emerging priorities into consideration, including:

inform timely, science-based decision making.

Sec. 4. Emerging Priorities. Federal agencies that are

members of the Council and Federal interagency bodies

working on issues relevant to the prevention,

eradication, and control of invasive species shall take

emerging priorities into consideration, including:

(a) Federal agencies shall consider the potential

public health and safety impacts of invasive species,

especially those species that are vectors, reservoirs,

and causative agents of disease. The Department of

Health and Human Services, in coordination and

consultation with relevant agencies as appropriate,

shall within 1 year of this order, and as requested by

the Council thereafter, provide the Office of Science

and Technology Policy and the Council a report on

public health impacts associated with invasive species.

That report shall describe the disease, injury,

immunologic, and safety impacts associated with

invasive species, including any direct and indirect

impacts on low-income, minority, and tribal

communities.

(b) Federal agencies shall consider the impacts of

climate change when working on issues relevant to the

prevention, eradication, and control of invasive

species, including in research and monitoring efforts,

and integrate invasive species into Federal climate

change coordinating frameworks and initiatives.

(b) Federal agencies shall consider the impacts of

climate change when working on issues relevant to the

prevention, eradication, and control of invasive

species, including in research and monitoring efforts,

and integrate invasive species into Federal climate

change coordinating frameworks and initiatives.

(c) Federal agencies shall consider opportunities

to apply innovative science and technology when

addressing the duties identified in section 2 of

Executive Order 13112, as amended, including, but not

limited to, promoting open data and data analytics;

harnessing technological advances in remote sensing

technologies, molecular tools, cloud computing, and

predictive analytics; and using tools such as challenge

prizes, citizen science, and crowdsourcing.

[[Page 88612]]

Sec. 5. National Invasive Species Council. Section 3 of

Executive Order 13112 is amended to read as follows:

``Sec. 3. National Invasive Species Council. (a) A

National Invasive Species Council (Council) is hereby

established. The mission of the Council is to provide

the vision and leadership to coordinate, sustain, and

expand Federal efforts to safeguard the interests of

the United States through the prevention, eradication,

and control of invasive species, and through the

restoration of ecosystems and other assets impacted by

invasive species.

(b) The Council's membership shall be composed of

the following officials, who may designate a senior-

level representative to perform the functions of the

member:

and control of invasive species, and through the

restoration of ecosystems and other assets impacted by

invasive species.

(b) The Council's membership shall be composed of

the following officials, who may designate a senior-

level representative to perform the functions of the

member:

(i) Secretary of State;

(ii) Secretary of the Treasury;

(iii) Secretary of Defense;

(iv) Secretary of the Interior;

(v) Secretary of Agriculture;

(vi) Secretary of Commerce;

(vii) Secretary of Health and Human Services;

(viii) Secretary of Transportation;

(ix) Secretary of Homeland Security;

(x) Administrator of the National Aeronautics and Space Administration;

(xi) Administrator of the Environmental Protection Agency;

(xii) Administrator of the United States Agency for International

Development;

(xiii) United States Trade Representative;

(xiv) Director or Chair of the following components of the Executive Office

of the President: the Office of Science and Technology Policy, the Council

on Environmental Quality, and the Office of Management and Budget; and

(xv) Officials from such other departments, agencies, offices, or entities

as the agencies set forth above, by consensus, deem appropriate.

(c) The Council shall be co-chaired by the

Secretary of the Interior (Secretary), the Secretary of

Agriculture, and the Secretary of Commerce, who shall

meet quarterly or more frequently if needed, and who

may designate a senior-level representative to perform

the functions of the Co-Chair. The Council shall meet

no less than once each year. The Secretary of the

Interior shall, after consultation with the Co-Chairs,

appoint an Executive Director of the Council to oversee

a staff that supports the duties of the Council

y designate a senior-level representative to perform

the functions of the Co-Chair. The Council shall meet

no less than once each year. The Secretary of the

Interior shall, after consultation with the Co-Chairs,

appoint an Executive Director of the Council to oversee

a staff that supports the duties of the Council. Within

1 year of the date of this order, the Co-Chairs of the

Council shall, with consensus of its members, complete

a charter, which shall include any administrative

policies and processes necessary to ensure the Council

can satisfy the functions and responsibilities

described in this order.

(d) The Secretary of the Interior shall maintain

the current Invasive Species Advisory Committee

established under the Federal Advisory Committee Act, 5

U.S.C. App., to provide information and advice for

consideration by the Council. The Secretary shall,

after consultation with other members of the Council,

appoint members of the advisory committee who represent

diverse stakeholders and who have expertise to advise

the Council.

(e) Administration of the Council. The Department

of the Interior shall provide funding and

administrative support for the Council and the advisory

committee consistent with existing authorities. To the

extent permitted by law, including the Economy Act, and

within existing appropriations, participating agencies

may detail staff to the Department of the Interior to

support the Council's efforts.''

[[Page 88613]]

ative support for the Council and the advisory

committee consistent with existing authorities. To the

extent permitted by law, including the Economy Act, and

within existing appropriations, participating agencies

may detail staff to the Department of the Interior to

support the Council's efforts.''

[[Page 88613]]

Sec. 6. Duties of the National Invasive Species

Council. Section 4 of Executive Order 13112 is amended

to read as follows:

``Sec. 4. Duties of the National Invasive Species

Council. The Council shall provide national leadership

regarding invasive species and shall:

(a) with regard to the implementation of this

order, work to ensure that the Federal agency and

interagency activities concerning invasive species are

coordinated, complementary, cost-efficient, and

effective;

(b) undertake a National Invasive Species

Assessment in coordination with the U.S. Global Change

Research Program's periodic national assessment, that

evaluates the impact of invasive species on major U.S.

assets, including food security, water resources,

infrastructure, the environment, human, animal, and

plant health, natural resources, cultural identity and

resources, and military readiness, from ecological,

social, and economic perspectives;

evaluates the impact of invasive species on major U.S.

assets, including food security, water resources,

infrastructure, the environment, human, animal, and

plant health, natural resources, cultural identity and

resources, and military readiness, from ecological,

social, and economic perspectives;

(c) advance national incident response, data

collection, and rapid reporting capacities that build

on existing frameworks and programs and strengthen

early detection of and rapid response to invasive

species, including those that are vectors, reservoirs,

or causative agents of disease;

(d) publish an assessment by 2020 that identifies

the most pressing scientific, technical, and

programmatic coordination challenges to the Federal

Government's capacity to prevent the introduction of

invasive species, and that incorporate recommendations

and priority actions to overcome these challenges into

the National Invasive Species Council Management Plan,

as appropriate;

(e) support and encourage the development of new

technologies and practices, and promote the use of

existing technologies and practices, to prevent,

eradicate, and control invasive species, including

those that are vectors, reservoirs, and causative

agents of disease;

(f) convene annually to discuss and coordinate

interagency priorities and report annually on

activities and budget requirements for programs that

contribute directly to the implementation of this

order; and

ng

those that are vectors, reservoirs, and causative

agents of disease;

(f) convene annually to discuss and coordinate

interagency priorities and report annually on

activities and budget requirements for programs that

contribute directly to the implementation of this

order; and

(g) publish a National Invasive Species Council

Management Plan as set forth in section 5 of this

order.''

Sec. 7. National Invasive Species Council Management

Plan. Section 5 of Executive Order 13112 is amended to

read as follows:

``Sec. 5. National Invasive Species Council

Management Plan. (a) By December 31, 2019, the Council

shall publish a National Invasive Species Council

Management Plan (Management Plan), which shall, among

other priorities identified by the Council, include

actions to further the implementation of the duties of

the National Invasive Species Council.

(b) The Management Plan shall recommend strategies

to:

(1) provide institutional leadership and priority setting;

(2) achieve effective interagency coordination and cost-efficiency;

(3) raise awareness and motivate action, including through the promotion of

appropriate transparency, community-level consultation, and stakeholder

outreach concerning the benefits and risks to human, animal, or plant

health when controlling or eradicating an invasive species;

(4) remove institutional and policy barriers;

(5) assess and strengthen capacities; and

(6) foster scientific, technical, and programmatic innovation.

ction, including through the promotion of

appropriate transparency, community-level consultation, and stakeholder

outreach concerning the benefits and risks to human, animal, or plant

health when controlling or eradicating an invasive species;

(4) remove institutional and policy barriers;

(5) assess and strengthen capacities; and

(6) foster scientific, technical, and programmatic innovation.

(c) The Council shall evaluate the effectiveness of

the Management Plan implementation and update the Plan

every 3 years. The Council shall provide an annual

report of its achievements to the public.

(d) Council members may complement the Management

Plan with invasive species policies and plans specific

to their respective agency's roles, responsibilities,

and authorities.''

[[Page 88614]]

Sec. 8. Actions of the Department of State and

Department of Defense. Section 6(d) of Executive Order

13112 is amended to read as follows:

``(d) The duties of section 3(a)(2) and section

3(a)(3) of this order shall not apply to any action of

the Department of State if the Secretary of State finds

that exemption from such requirements is necessary for

foreign policy, readiness, or national security

reasons. The duties of section 3(a)(2) and section

3(a)(3) of this order shall not apply to any action of

the Department of Defense if the Secretary of Defense

finds that exemption from such requirements is

necessary for foreign policy, readiness, or national

security reasons.''

national security

reasons. The duties of section 3(a)(2) and section

3(a)(3) of this order shall not apply to any action of

the Department of Defense if the Secretary of Defense

finds that exemption from such requirements is

necessary for foreign policy, readiness, or national

security reasons.''

Sec. 9. Obligations of the Department of Health and

Human Services. A new section 6(e) of Executive Order

13112 is added to read as follows:

``(e) The requirements of this order do not affect

the obligations of the Department of Health and Human

Services under the Public Health Service Act or the

Federal Food, Drug, and Cosmetic Act.''

Sec. 10. General Provisions. (a) Nothing in this order

shall be construed to impair or otherwise affect:

(1) the authority granted by law to an executive department or agency, or

the head thereof; or

(2) the functions of the Director of the Office of Management and Budget

relating to budgetary, administrative, or legislative proposals.

(b) This order shall be implemented consistent with

applicable law and subject to the availability of

appropriations.

(c) This order is not intended to, and does not,

create any right or benefit, substantive or procedural,

enforceable at law or in equity by any party against

the United States, its departments, agencies, or

entities, its officers, employees, or agents, or any

other person.

(Presidential Sig.)

THE WHITE HOUSE,

December 5, 2016.

[FR Doc. 2016-29519

Filed 12-7-16; 8:45 am]

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