Resource Search

Building on information provided by federal agencies and an inspection of the US Code and the Code of Federal Regulations, this article reviews and identifies relevant authorities to determine federal legal capacities, gaps, and inconsistencies to address (Early Detection and Rapid Response (EDRR). 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. View Early Detection and Rapid Response for more information.
See related resource: Biological Invasions - Special Issue: Early Detection and Rapid Response for special issue on EDRR.

In addition to intergovernmental efforts and research to detect and monitor aquatic nuisance species (ANS), the EPA addresses ANS using numerous regulatory tools.

The EPA's National Pollutant Discharge Elimination System (NPDES) Vessel General Permit (VGP) and Small Vessel General Permit (sVGP) regulate discharges incidental to the normal operation of commercial vessels, including ballast water and hull fouling, which are both pathways for introductions of aquatic nuisance species. The EPA and the Department of Defense are jointly developing the Uniform National Discharge Standards for vessels of the Armed Forces which will also regulate ballast water and hull fouling to help control the introduction of aquatic nuisance species.

Note: On December 4, 2018, President Trump signed into law the Frank LoBiondo Coast Guard Authorization Act of 2018, which includes as Title IX the

UMass Amherst study finds that invasive species are widely available due to inconsistent regulation. Results of a new study by ecologists at the University of Massachusetts Amherst show that 1,330 nurseries, garden centers and online retailers are still offering hundreds of invasive plant species as ornamental garden plants. This includes 20 species that are illegal to grow or sell nationwide.

The study, “Invaders for sale: the ongoing spread of invasive species by the plant trade industry,” published in Frontiers in Ecology and the Environment, shows that existing regulatory and ethical guidelines do not serve to limit the widespread introduction of invasive plants and that more than 60% of the 1,285 plants identified as invasive remain for sale.

The purpose of this toolkit is to assist local governments with navigating the regulatory framework associated with high-risk priority aquatic invasive species (AIS).
Note: In 2020, the National Sea Grant Law Center and project partner, Creative Resources Strategies, LLC, received funding from the U.S. Fish and Wildlife Service to conduct research on the role of municipalities in aquatic invasive species (AIS) prevention efforts. This project resulted in the development of an online toolkit to help local governments navigate the regulatory framework associated with high-risk priority AIS.