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

Putting a federal capacities assessment to work: blueprint for a national program for the early detection of and rapid response to invasive species (EDRR)

This paper responds to national policy directives intended to improve the US government’s capacity to protect national security from the adverse impacts of invasive species. It is the final, synthesizing contribution to a Special Issue of Biological Invasions comprising 12 papers that collectively inform the development and implementation of a national program for the early detection of and rapid response to invasive species (EDRR). The blueprint sets forth policies, goals, and actions to be taken by relevant Executive Branch agencies and components of the Executive Office of the President to develop a national EDRR program, appropriations permitting. It is designed to function as guidance for advancing federal policy through Presidential, Secretarial, and/or Congressional directives. Those committed to protecting national security, the economy, and the well-being of American people are forewarned that our ability to establish a national EDRR program is undermined by the diminishment of the federal workforce; institutional structures, policies, and programs; and directly applicable leadership mechanisms, including the National Invasive Species Council, Invasive Species Advisory Committee, and their managerial Secretariat.

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

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.

The early detection of and rapid response (EDRR) to invasive species: a conceptual framework and federal capacities assessment

Globalization necessitates that we address the negative externalities of international trade and transport, including biological invasion. The US government defines invasive species to mean, “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.” Here we address the role of early detection of and rapid response to invasive species (EDRR) in minimizing the impact of invasive species on US interests. We provide a review of EDRR’s usage as a federal policy and planning term, introduce a new conceptual framework for EDRR, and assess US federal capacities for enacting well-coordinated EDRR. Developing a national EDRR program is a worthwhile goal; our assessment nonetheless indicates that the federal government and its partners need to overcome substantial conceptual, institutional, and operational challenges that include establishing clear and consistent terminology use, strategically identifying and communicating agency functions, improving interagency budgeting, facilitating the application of emerging technologies and other resources to support EDRR, and making information relevant to EDRR preparedness and implementation more readily accessible. This paper is the first in a special issue of Biological Invasions that includes 12 complementary papers intended to inform the development and implementation of a national EDRR program.

Envisioning a national invasive species information framework

With a view toward creating a national Early Detection and Rapid Response Program (EDRR) program, the United States National Invasive Species Council Management Plan for 2016–2018 calls for a series of assessments of federal EDRR capacities, including the evaluation of “relevant federal information systems to provide the data and other information necessary for risk analyses/horizon scanning, rapid specimen identification, and rapid response planning.” This paper is a response to that directive. We provide an overview of information management needs for enacting EDRR and discuss challenges to meeting these needs. We then review the history of relevant US policy directives for advancing invasive species information systems and provide an overview of federal invasive species information system capacities, including current gaps and inconsistencies. We conclude with a summary of key principles and needs for establishing a national invasive species information framework. Our findings are consistent with earlier studies and, thus, emphasize the need to act on long-recognized needs. As a supplement to this paper, we have cataloged federal invasive species databases and information tools identified through this work.