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Halting the Invasion: State Tools for Invasive Species Management

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In August 2002, the Environmental Law Institute released its report, Halting the Invasion: State Tools for Invasive Species Management. The report analyzes the legal tools available at the state level to combat invasive species. Only those laws and policies approved through state legislation or agency rulemaking were addressed. The report highlights 17 invasive species tools found in state statutes and regulations. These tools are divided into five main categories: prevention, regulation, control and management, enforcement and implementation, and coordination. Each tool is defined, model state programs are described, and a chart is presented that indicates which states have the tool available. Finally, the report recommends that states evaluate which of three standards (gold, silver, or bronze) their invasive species laws and regulations currently meet. These standards can be used by states to determine how strong their existing programs are, where they have significant gaps, and where improvements can be made.

This appendix presents the state-specific data that was collected and analyzed for the report. The information contained in this appendix was obtained primarily through research on state statutes and regulations conducted from February 2001 through February 2002. For each state, the statutes and regulations affecting five general categories of invasive species were examined. These categories are invasive wildlife; invasive aquatic species; invasive plants; plant pests and diseases, including pathogens and microorganisms; and insects. States have adopted invasive species laws and regulations to address threats from specific invasive species or categories of invasive species. The division of species into these categories is based on the legal definitions states use and not necessarily on an established biological classification.

CLICK HERE to proceed to the State Appendix.

State statutes and regulations that apply to invasive wildlife appear under the invasive wildlife section. The invasive aquatic species section includes state statutes and regulations that apply to invasive aquatic species, including aquatic plants and the regulation of ballast water. The invasive plant section includes state statutes and regulations that apply to invasive plants and biological control agents, or living organisms used as natural enemies in controlling agricultural or environmental pests. The main categories under the invasive plants section are noxious weeds and seeds. The state statutes and regulations that apply to plant pests and diseases, including nurseries, forestry, and quarantine statutes and regulations, are under the plant pests and diseases section. The insect section includes statutes and regulations that address specific insect species, such as bees and ants. Most of the general insect provisions are covered under the plant pest and disease section.

ELI is responsible for the research contained in this appendix, including any omissions or inaccuracies that may appear. Although we believe that the report captures the vast majority of the state invasive species tools and programs authorized through state law or promulgated through state rulemaking, we cannot guarantee its complete accuracy. Comments or corrections are welcome and should be directed to the authors by submitting the form linked to below.

CLICK HERE to download a PDF of the comments and corrections form.

 

The ELI Land & Biodiversity Program works to promote the sustainable use of land through development and support of policies that meet human needs while protecting the diversity of plants, animals, and natural communities. Led by Senior Attorney James McElfish, and Senior Science & Policy Analyst Jessica Wilkinson, the Program focuses on three objectives:

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