Federal legal authorities for the early detection of and rapid response to invasive species

Abstract

The ability of federal agencies to carry out actions or programs is based on their legal authorities. Efforts to improve federal capacities for the early detection of and rapid response to invasive species (EDRR) require careful delineation of legal authorities, regulations, and policies that would enable or limit EDRR. Building on information provided by federal agencies and an inspection of the US Code and the Code of Federal Regulations, we review and identify relevant authorities to determine federal legal capacities, gaps, and inconsistencies to address EDRR. The EDRR process can be examined in the context of four categories, including (1) explicit invasive species authorities, (2) emergency authorities that could be triggered during a crisis or serve as models for enhanced invasive species EDRR authorities, (3) supporting authorities that could be used under agency discretion, and (4) constraining authorities and legal requirements. Although the Plant Protection Act and the Animal Health Protection Act are comprehensive authorities that address the detection of and response to organisms that threaten plant and livestock health, there is no single authority that encompasses EDRR for all invasive species. Rather, there is a patchwork of authorities that unevenly addresses various aspects of EDRR. In addition to gaps in authority, EDRR efforts could be constrained by environmental compliance, as well as subnational governance and private rights. Although some of these gaps could be closed through legislation, others need to be addressed using the discretionary power of federal agencies and their ability to establish cooperation mechanisms with private and subnational entities. Keywords Early detection and rapid response (EDRR) Á Guidance Á Invasive species Á Law Á Legal authority Á Policy Á Regulation Á Statute This document is not a legal opinion. It is not intended to and does not create any rights or benefit enforceable by any party against the US government, nor does it necessarily represent the official position of the US government.

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