Strengthening State and Federal Invasive Species Policy

ELI is the foremost authority on state laws and regulations related to invasive species. Our 2002 report, Halting the Invasion, remains the seminal resource on how states can approach invasive species policy. Other important contributions include evaluations of regulatory gaps in specific state and federal laws for forest species, weeds, aquatic invasive species, and animals.

Projects

• Developing state ballast water laws to protect the Great Lakes: Ballast water discharge is a primary pathway for the introduction and spread of aquatic invasive species in the Great Lakes. ELI research supports state efforts to close off this pathway. In 2006, ELI compiled an inventory of relevant state laws and considered whether and how pending federal legislation would preempt them. After defeat of the legislation, ELI followed up by considering how financial responsibility standards could enable states more effectively to implement and enforce their existing ballast water discharge laws.
  
  
• Obstacles and oportunities for state early detection/rapid response actions: Early detection and rapid response are critical to enable eradication of new invasive species, but too often responses are hindered by problems such as inability to access private land. In 2007, ELI studied state laws and regulations in 13 states to identify legal and policy constraints to effective detection and response of invasive forest pests and pathogens. The Continental Dialogue on Non-Native Forest Insects and Diseases is using our report in support of its efforts to reform USDA's plant importation rules.

Publications

• Status and Trends in State Invasive Species Policy: 2002-2009. This report reviews developments in state invasive species laws and regulations in 11 states from 2002-2009. It identifies trends in state law and needs for the future development of invasive species governance. Proceed to the State Appendix.
  
  
• New Tools for Responsible Shipping in the Great Lakes: Using Financial Responsibility Policies to Prevent Ballast-Borne Biological Pollution. This white paper identifying financial responsibility tools that could be used to protect the Great Lakes economy and environment from biological pollution introduced in ballast water.
  
  
• Strategies for Effective State Early Detection/Rapid Response Programs for Plant Pests and Pathogens. Early Detection/Rapid Response (EDRR) is a critical tool for identifying and eradicating introductions of new invasive species and pests. The effectiveness of EDRR largely depends on a supportive legal framework that can facilitate quick action.
  
  
• Report for the Great Lakes Protection Fund: Potential Federal Preemption of Laws in the Great Lakes States. This 2006 report examines the extent to which relevant state laws would be affected by pending federal legislation (S.B.363 and H.R.5030) that, in its current form, would preempt state authority to regulate ballast water.
  
  
• Filling the Gaps: Ten Strategies to Strengthen Invasive Species Management in Florida. This 2004 report outlines the gaps and conflicts in the federal and state legal framework for invasive species management in Florida, with a particular focus on the Everglades.
  
  
• Making a List: Prevention Strategies for Invasive Plants in the Great Lakes States. This 2004 report is an overview of state invasive plant programs in the Great Lakes region. The report highlights the effectiveness of listing as a prevention mechanism and provides recommendations for improving the use of listing in the Great Lakes region and beyond.
  
  
• Invasive Species Control: A Comprehensive Model State Law. This 2004 companion publication to Halting the Invasion, provides the statutory framework for a comprehensive state program to detect, control, and manage the threat of invasive species across all taxa.
  
  
• Halting the Invasion: State Tools for Invasive Species Management. In 2002, ELI released the nation’s seminal study on state invasive species control authorities. The report analyzes the existing state laws and regulations that address invasive species. It provides policy-makers with information on how to strengthen their own invasive species control programs. Included with the report is an appendix on CD-ROM. The appendix includes summaries of each state’s invasive species laws and regulations. Proceed to the State Appendix.

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