Public Laws and Acts

Provides information pertaining to public laws and acts for invasive species, listed with the most recent first.

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U.S. Department of Defense

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Section 314 of this law requires the Secretary of Defense to submit to the congressional defense committees a report on control of the brown tree snake (BTS).

Report to the Congress: Control of the Brown Tree Snake (BTS) (Aug 2008; PDF | 68 KB)
DOD. Armed Forces Pest Management Board.
Submitted by The Office of the Secretary of Defense, Deputy Under Secretary of Defense (Installations and Environment)

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U.S. Army

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To provide for the conservation and development of water and related resources, to authorize the Secretary of the Army to construct various projects for improvements to rivers and harbors of the United States, and for other purposes.

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To amend the Great Lakes Fish and Wildlife Restoration Act of 1990 to provide
for implementation of recommendations of the United States Fish and Wildlife
Service contained in the Great Lakes Fishery Resources Restoration Study.

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Directs the Secretary of the Interior, acting through the Commissioner of Reclamation, to carry out an assessment and demonstration program to control salt cedar and Russian olive, and for other purposes.

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(C) To address the impact of insect or disease infestations or other damaging agents on forest and rangeland health.

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Includes a provision that makes activities for the control of noxious weeds and the establishment of native species eligible for Federal-aid funds under the National Highway System (NHS) and the Surface Transportation System (STP). The control of terrestrial noxious weeds and aquatic weeds is commonly done by maintenance districts or contracted crews of each State department of transportation. Historically, maintenance activities have been the responsibility of the State and therefore have not been eligible for Federal-aid dollars.
Note: See Guidance on 23 U.S.C. §329 on the Control of Noxious Weeds and Aquatic Noxious Weeds and Establishment of Native Species for more information.

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(a) Development of National Plan.--Subject to the availability of appropriated funds for this purpose, the Secretary of Agriculture, acting through the Animal Plant and Health Inspection Service, shall develop a national plan for the control and management of Sudden Oak Death, a forest disease caused by the fungus-like pathogen Phytophthora ramorum.

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(a) In General.--The Secretary shall establish a program to provide financial and technical assistance to control or eradicate noxious weeds.
(b) Grants.--Subject to the availability of appropriations under section 457(a), the Secretary shall make grants under section 454 to weed management entities for the control or eradication of noxious weeds.
(c) Agreements.--Subject to the availability of appropriations under section 457(b), the Secretary shall enter into agreements under section 455 with weed management entities to provide financial and technical assistance for the control or eradication of noxious weeds.

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• U.S. Department of the Interior
• U.S. Department of Agriculture, Animal and Plant Health Inspection Service

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• U.S. Department of the Interior
• State of Maryland
• State of Louisiana

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The purpose of this Act is to authorize the Secretary of the Interior to provide financial assistance to the State of Maryland and the State of Louisiana for a program to implement measures to eradicate or control nutria and restore marshland damaged by nutria.

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To improve the ability of the United States to prevent, prepare for, and respond
to bioterrorism and other public health emergencies.

Ensuring coordination and minimizing duplication of Federal, State, and local planning, preparedness, and response
activities, including during the investigation of a suspicious disease outbreak or other potential public health emergency.

See APHIS's Agricultural Select Agent Program for more information.

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Prevention, detection, control, and eradication of diseases and pests of animals are essential to protect—

A) animal health;
B) the health and welfare of the people of the U.S.;
C) the economic interests of the livestock and related industries of the U.S.;
D) the environment of the U.S.; and
E) interstate commerce and foreign commerce of the U.S. in animals and other articles

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Consolidates and modernizes all major statutes pertaining to plant protection and quarantine (Federal Noxious Weed Act, Plant Quarantine Act) Permit APHIS to address all types of weed issues

Increase maximum civil penalty for violation

Authorize APHIS to take both emergency and extraordinary emergency actions to address incursions of noxious weeds

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Defines invasive species ("an alien species whose introduction does or is likely to cause economic or environmental harm or harm to human health")

Directs all federal agencies to:

• Address invasive species concerns
• Refrain from actions likely to increase invasive species problems

Creates interagency Invasive Species Council

Calls for National Invasive Species Management Plan to better coordinate federal agency efforts

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Sec. 506(a)- "In conjunction with the Great Lakes Fishery Commission, the Secretary is authorized to undertake a program for the control of sea lampreys in and around waters of the Great Lakes. The program undertaken pursuant to this section may include projects which consist of either structural or nonstructural measures or a combination thereof."

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Prohibits import of:

• A list of designated species
• Other vertebrates, mollusks, and crustacea that are "injurious to human beings, to the interests of agriculture, horticulture, forestry, or to wildlife or the wildlife resources of the United States"

Declares importation or transportation of any live wildlife as injurious and prohibited, except as provided for under the Act

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Allows import of almost all species for scientific, medical, education, exhibition, or propagation purposes

Note: The 2008 Farm Bill (the Food, Conservation, and Energy Act of 2008 (PDF | 1.4 MB ), effective May 22, 2008, ammended the Lacy Act. The amended Act now covers a broad range of plants and plant products, including timber deriving from illegally harvested plants. Import declarations requirements become effective Dec 15, 2008; declaration enforcements of the requirements will be phased-in and will begin Apr 1, 2009.

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• U.S. Department of Interior, Fish and Wildlife Service
• U.S. Department of Transportation, Coast Guard
• U.S. Environmental Protection Agency
• U.S. Department of Defense, Army Corps of Engineers
• U.S. Department of Commerce, NOAA

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Amended NANPCA to mandate regulations to prevent introduction and spread of aquatic nuisance species into Great Lakes through ballast water

Authorized funding for research on aquatic nuisance species prevention and control (Chesapeake Bay, Gulf of Mexico, Pacific Coast, Atlantic Coast, San Francisco Bay- Delta Estuary)

Required ballast water management program to demonstrate technologies and practices to prevent nonindigenous species from being introduced

Modified composition of Aquatic Nuisance Species Task Force

Required Task Force to develop and implement comprehensive program to control the brown tree snake in Guam

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• U.S. Department of Agriculture
• U.S. Department of the Interior

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A supplementary agreement to the World Trade Organisation Agreement. Provides a uniform interpretation of the measures governing safety and plant and animal health regulations. Applicable to all sanitary and Phytosanitary measures directly or indirectly affecting international trade. Sanitary and Phytosanitary measures are defined as any measure applied a) to protect animal or plant life or health within (a Members' Territory) from entry, establishment or spread of pests, diseases, disease carrying organisms; e) to prevent or limit other damage within the (Members Territory) from the entry, establishment or spread of pests (annex A).

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Article 10 (2)(h): the Council of the Commission on Environmental Co-operation may develop recommendations regarding exotic species which may be harmful

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Unintentional and intentional introduction
Importation

Packing and shipping materials, as well as containers and ships are unregulated

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Plants and animals whose shipment is prohibited under 18 U.S.C. 42;43, or the Lacey Act

Plants or plant matter whose shipment is prohibited under the Federal Plant Pest Act or Plant Quarantine Act

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Makes illegal the shipment of certain categories of plants and animals through U.S. mail

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Authorizes Sec. of Agriculture and USFS to establish biological control agents for non-native species

Creates task force to develop action plan to:
"promote public awareness of the harm caused by introduced species" develop recommendations on "the benefits of fencing or other management activities for the protection of Hawaii's native plants and animals from non-native species, including the identification and priorities for the areas where these activities are appropriate"

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Regulates importation of foreign wild birds

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• U.S. Department of the Interior, Fish and Wildlife Service
• U.S. Department of Transportation, Coast Guard
• U.S. Environmental Protection Agency
• U.S. Department of Defense, Army Corps of Engineers
• U.S. Department of Commerce, NOAA

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Established Aquatic Nuisance Species Task Force to: identify areas where ballast water does not pose an environmental threat, assess whether aquatic nuisance species threaten the ecological characteristics and economic uses of U.S. waters (other than the Great Lakes), determine the need for controls on vessels entering U.S. waters (other than Great Lakes), identify and evaluate approaches for reducing risk of adverse consequences associated with intentional introduction of aquatic species

Directs Coast Guard to issue regulations to prevent the introduction and spread of aquatic nuisance species into the Great Lakes through ballast water

Directs Corps of Engineers to develop a program of research and technology to control zebra mussels in and around public facilities and make available information on control methods

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"Microbial or other biological agents… whatever their origin or method of production, of types and in quantities that have no justification for prophylactic, protective or other peaceful purposes"

Allows for "international exchange of bacteriologicalAgents and toxins and equipment for the processing, use or production of bacteriological agents and toxins for peaceful purposes."

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Article I prohibits parties from developing, producing, stockpiling, acquiring or retaining microbial or other biological agents which are not justified by exclusively peaceful purpose.

Article II requires parties to destroy or divert to peaceful purpose all such agents within 9 months of entry into force of the Convention

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Represents alternate model for regulating invasive species not already covered by the IPPC or other agreements. Convention intended to prevent harm in exporting country; however, can be applied when species is endangered in exporting country and considered an invasive in importing country.

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No person shall import or enter any noxious weed identified in regulation into or through the United States

Defines noxious weeds:
"any living stage (including, but not limited to, seeds and reproductive parts) of any parasitic or other plant of a kind, or subdivision of a kind, which is of foreign origin, is new to or not widely prevalent in the United States, and can directly or indirectly injure crops, other useful plants, livestock, or poultry or other interests of agriculture, including… the fish and wildlife resources of the United States or the public health"

Authorizes APHIS to restrict the introduction and spread of non-native noxious weeds through port-of-entry and follow-up activities

Authorizes permanent restrictions and emergency regulations

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• U.S. Department of the Interior, Fish and Wildlife Service
• U.S. Department of Commerce

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Protects endangered species

When non-native invasive species threaten endangered species, this act could be used as basis for their eradication

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Requires federal government agencies to consider the environmental effects of their actions through preparation of environmental impact statements- effects of non-native species, if harmful to the environment, must be included in the EIS

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APHIS may approve and issue permits for importing nonindigenous species following preparation of an environmental assessment rather than an environmental impact statement-permits for importing nonindigenous species into containment facilities or interstate movement between containment facilities are excluded from NEPA requirements

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The Convention established the Great Lakes Fisheries Commission whose purpose is to control and eradicate the non-native, highly invasive Atlantic sea lamprey from the Great Lakes

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Pests of plants or plant products: "any form of plant or animal life, or any pathogenic agent, injurious or potentially injurious to plants or plant products"

Quarantine pests involved with international trade: "pest of potential national economic importance to the country endangered thereby and not yet present there, or present but not widely distributed and being actively controlled"

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"Storage places, conveyances, containers and any other object or material capable of harbouring or spreading plant pests, especially where international transportation is involved."

• Packing material or matter of any kind accompanying plant products
• Storage places
• Transportation facilities

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Applies primarily to quarantine pests in international trade. Creates an international regime to prevent spread and introduction of plant and plant product pests premised on exchange of Phytosanitary certificates between importing and exporting countries' national plant protection offices. Parties have national plant protection organizations established according to the Convention with authority in relation to quarantine control, risk analysis and other measures required to prevent the establishment and spread of all invasive alien species that, directly or indirectly, are pests of plants. Parties agree to cooperate on information exchange and on the development of International Standards for Phytosanitary Measures.

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Gives EPA authority to regulate importation and distribution of substances, including organisms, that are intended to function as pesticides

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Gives APHIS the authority to conduct pest eradication programs

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Requires accurate labeling and purity standards for seeds in commerce

Prohibits importation and movement of adulterated or misbranded seeds

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Gives APHIS authority to control wildlife damage on federal, state, or private land

Protects: field crops, vegetables, fruits, nuts, horticultural crops, commercial forests; freshwater aquaculture ponds and marine species cultivation areas; livestock on public and private range and in feedlots; public and private buildings and facilities; civilian and military aircraft; public health

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Gives APHIS authority to regulate importation and interstate movement of nursery stock and other plants that may carry harmful pests and diseases

Preempts state quarantines in interstate commerce