Executive Order 13112
February 3, 1999
Executive Order 13112
Executive Order 13112 of February 3, 1999
By the authority vested in me as
President by the Constitution and the laws of the United States of
America, including the National Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq.), Nonindigenous Aquatic Nuisance
Prevention and Control Act of 1990, as amended (16 U.S.C. 4701 et seq.),
Lacey Act, as amended (18 U.S.C. 42), Federal Plant Pest Act (7 U.S.C.
150aa et seq.), Federal Noxious Weed Act of 1974, as amended (7 U.S.C.
2801 et seq.), Endangered Species Act of 1973, as amended (16 U.S.C.
1531 et seq.), and other pertinent statutes, to prevent the introduction
of invasive species and provide for their control and to minimize the
economic, ecological, and human health impacts that invasive species
cause, it is ordered as follows:
Section 1. Definitions.
"Alien species" means, with respect to a
particular ecosystem, any species, including its seeds, eggs,
spores, or other biological material capable of propagating that
species, that is not native to that ecosystem.
"Control" means, as appropriate,
eradicating, suppressing, reducing, or managing invasive species
populations, preventing spread of invasive species from areas
where they are present, and taking steps such as restoration of
native species and habitats to reduce the effects of invasive
species and to prevent further invasions.
"Ecosystem" means the complex of a
community of organisms and its environment.
"Federal agency" means an executive
department or agency, but does not include independent
establishments as defined by 5 U.S.C. 104.
"Introduction" means the intentional or
unintentional escape, release, dissemination, or placement of a
species into an ecosystem as a result of human activity.
"Invasive species" means an alien species
whose introduction does or is likely to cause economic or
environmental harm or harm to human health.
"Native species" means, with respect to a
particular ecosystem, a species that, other than as a result of an
introduction, historically occurred or currently occurs in that
"Species" means a group of organisms all
of which have a high degree of physical and genetic similarity,
generally interbreed only among themselves, and show persistent
differences from members of allied groups of organisms.
"Stakeholders" means, but is not limited
to, State, tribal, and local government agencies, academic
institutions, the scientific community, nongovernmental entities
including environmental, agricultural, and conservation
organizations, trade groups, commercial interests, and private
"United States" means the 50 States, the
District of Columbia, Puerto Rico, Guam, and all possessions,
territories, and the territorial sea of the United States.
Sec. 2. Federal Agency Duties.
Each Federal agency whose actions may affect the
status of invasive species shall, to the extent practicable and
permitted by law,
identify such actions;
subject to the availability of appropriations,
and within Administration budgetary limits, use relevant
programs and authorities to: (i) prevent the introduction of
invasive species; (ii) detect and respond rapidly to and
control populations of such species in a cost-effective and
environmentally sound manner; (iii) monitor invasive species
populations accurately and reliably; (iv) provide for
restoration of native species and habitat conditions in
ecosystems that have been invaded; (v) conduct research on
invasive species and develop technologies to prevent
introduction and provide for environmentally sound control of
invasive species; and (vi) promote public education on
invasive species and the means to address them; and
not authorize, fund, or carry out actions that
it believes are likely to cause or promote the introduction or
spread of invasive species in the United States or elsewhere
unless, pursuant to guidelines that it has prescribed, the
agency has determined and made public its determination that
the benefits of such actions clearly outweigh the potential
harm caused by invasive species; and that all feasible and
prudent measures to minimize risk of harm will be taken in
conjunction with the actions.
Federal agencies shall pursue the duties set forth
in this section in consultation with the Invasive Species Council,
consistent with the Invasive Species Management Plan and in
cooperation with stakeholders, as appropriate, and, as approved by
the Department of State, when Federal agencies are working with
international organizations and foreign nations.
Sec. 3. Invasive Species Council.
An Invasive Species Council (Council) is hereby
established whose members shall include the Secretary of State,
the Secretary of the Treasury, the Secretary of Defense, the
Secretary of the Interior, the Secretary of Agriculture, the
Secretary of Commerce, the Secretary of Transportation, and the
Administrator of the Environmental Protection Agency. The Council
shall be Co-Chaired by the Secretary of the Interior, the
Secretary of Agriculture, and the Secretary of Commerce. The
Council may invite additional Federal agency representatives to be
members, including representatives from subcabinet bureaus or
offices with significant responsibilities concerning invasive
species, and may prescribe special procedures for their
participation. The Secretary of the Interior shall, with
concurrence of the Co-Chairs, appoint an Executive Director of the
Council and shall provide the staff and administrative support for
The Secretary of the Interior shall establish an
advisory committee under the Federal Advisory Committee Act, 5
U.S.C. App., to provide information and advice for consideration
by the Council, and shall, after consultation with other members
of the Council, appoint members of the advisory committee
representing stakeholders. Among other things, the advisory
committee shall recommend plans and actions at local, tribal,
State, regional, and ecosystem-based levels to achieve the goals
and objectives of the Management Plan in section 5 of this order.
The advisory committee shall act in cooperation with stakeholders
and existing organizations addressing invasive species. The
Department of the Interior shall provide the administrative and
financial support for the advisory committee.
Sec. 4. Duties of the Invasive Species
Council. The Invasive Species Council shall provide national leadership
regarding invasive species, and shall:
oversee the implementation of this order and see
that the Federal agency activities concerning invasive species are
coordinated, complementary, cost- efficient, and effective,
relying to the extent feasible and appropriate on existing
organizations addressing invasive species, such as the Aquatic
Nuisance Species Task Force, the Federal Interagency Committee for
the Management of Noxious and Exotic Weeds, and the Committee on
Environment and Natural Resources;
encourage planning and action at local, tribal,
State, regional, and ecosystem-based levels to achieve the goals
and objectives of the Management Plan in section 5 of this order,
in cooperation with stakeholders and existing organizations
addressing invasive species;
develop recommendations for international
cooperation in addressing invasive species;
develop, in consultation with the Council on
Environmental Quality, guidance to Federal agencies pursuant to
the National Environmental Policy Act on prevention and control of
invasive species, including the procurement, use, and maintenance
of native species as they affect invasive species;
facilitate development of a coordinated network
among Federal agencies to document, evaluate, and monitor impacts
from invasive species on the economy, the environment, and human
facilitate establishment of a coordinated, up-
to-date information-sharing system that utilizes, to the greatest
extent practicable, the Internet; this system shall facilitate
access to and exchange of information concerning invasive species,
including, but not limited to, information on distribution and
abundance of invasive species; life histories of such species and
invasive characteristics; economic, environmental, and human
health impacts; management techniques, and laws and programs for
management, research, and public education; and
prepare and issue a national Invasive Species
Management Plan as set forth in section 5 of this order.
Sec. 5. Invasive Species Management Plan.
Within 18 months after issuance of this order, the
Council shall prepare and issue the first edition of a National
Invasive Species Management Plan (Management Plan), which shall
detail and recommend performance-oriented goals and objectives and
specific measures of success for Federal agency efforts concerning
invasive species. The Management Plan shall recommend specific
objectives and measures for carrying out each of the Federal
agency duties established in section 2(a) of this order and shall
set forth steps to be taken by the Council to carry out the duties
assigned to it under section 4 of this order. The Management Plan
shall be developed through a public process and in consultation
with Federal agencies and stakeholders.
The first edition of the Management Plan shall
include a review of existing and prospective approaches and
authorities for preventing the introduction and spread of invasive
species, including those for identifying pathways by which
invasive species are introduced and for minimizing the risk of
introductions via those pathways, and shall identify research
needs and recommend measures to minimize the risk that
introductions will occur. Such recommended measures shall provide
for a science-based process to evaluate risks associated with
introduction and spread of invasive species and a coordinated and
systematic risk- based process to identify, monitor, and interdict
pathways that may be involved in the introduction of invasive
species. If recommended measures are not authorized by current
law, the Council shall develop and recommend to the President
through its Co-Chairs legislative proposals for necessary changes
The Council shall update the Management Plan
biennially and shall concurrently evaluate and report on success
in achieving the goals and objectives set forth in the Management
Plan. The Management Plan shall identify the personnel, other
resources, and additional levels of coordination needed to achieve
the Management Plan's identified goals and objectives, and the
Council shall provide each edition of the Management Plan and each
report on it to the Office of Management and Budget. Within 18
months after measures have been recommended by the Council in any
edition of the Management Plan, each Federal agency whose action
is required to implement such measures shall either take the
action recommended or shall provide the Council with an
explanation of why the action is not feasible. The Council shall
assess the effectiveness of this order no less than once each 5
years after the order is issued and shall report to the Office of
Management and Budget on whether the order should be revised.
Sec. 6. Judicial Review and Administration.
This order is intended only to improve the internal
management of the executive branch and is not intended to create
any right, benefit, or trust responsibility, substantive or
procedural, enforceable at law or equity by a party against the
United States, its agencies, its officers, or any other person.
Executive Order 11987 of May 24, 1977, is hereby
The requirements of this order do not affect the
obligations of Federal agencies under 16 U.S.C. 4713 with respect
to ballast water programs.
The requirements of section 2(a)(3) of this order
shall not apply to any action of the Department of State or
Department of Defense if the Secretary of State or the Secretary
of Defense finds that exemption from such requirements is
necessary for foreign policy or national security reasons.
THE WHITE HOUSE,
February 3, 1999.