98 



• In 1988, grass seed contaminated with an Argentinian weed was distributed by 

 popular retailers such as K-Mart and Walmart. Over 58,000 pounds were sold 

 in at least five States before the seeds' 1989 recall. 



• The Asian Amur maple has become common in woods and fields surrounding 

 SCS's Lincoln, Missouri plant testing center, fi-om where it apparently escaped. 



• In 1985, the Asian tiger mosquito, a vector of several serious viral diseases, was 

 discovered in Houston, apparently imported in containerized shipments of used 

 tires. The Centers for Disease Control and Prevention rejected a research and 

 control plan in 1987 and, in 1988, issued regulations requiring that such im- 

 ports be fi"ee of mosquitoes. According to one expert, attempts to ensure compli- 

 ance are minimal. As of 1991, mosquitoes had spread to 22 States. Recently, 

 eastern equine encephalitis, a disease with a 30 percent mortality rate in hu- 

 mans, was isolated from a Florida tire dump 9 miles from Disney World. 



Lapses come about for a wide variety of reasons. Certain categories of harmful 

 NIS are not restricted from entry at all. Many species' entry is prohibited only after 

 they have become established or caused damage in the United States. Adding new 

 organisms to lists of prohibited or regulated species is often difficult and time con- 

 suming. Also, delays in preventing entry sometimes occur when new pathways 

 emerge that have no regulatory history, e.g., proposed timber imports from Siberia 

 and the import of used tires. 



No coordinated efforts prevent the spread of large categories of harmful NIS with- 

 in the country. In fact, at least five plants on the Federal Noxious Weed Act were 

 legally sold in interstate commerce in 1990. Weeds, as a group, receive little atten- 

 tion from APHIS, despite clear authorization in the Federal Noxious Weed Act. 

 Weed control program throughout Federal agencies are generally small and under- 

 funded. 



Insufficient authority or impetus exists for Federal agencies to irnpose emergency 

 quarantines on pests that do not damage agriculture. Neither USDA's Soil Con- 

 servation Service (SCS) nor its Agricultural Research Service systematically evalu- 

 ates plants' invasiveness before release for soil conservation or horticulture. Accord- 

 ing to one expert, at least 7 of the 22 cultivars released by SCS between 1980 and 

 1990 could become weeds of natural areas. 



Adequacy of enforcement is difficult to assess because solid information is miss- 

 ing. However, a recent FWS advisory commission noted that the agency's enforce- 

 ment division was imderstaffled and underfunded. Also, it lacked clear priorities, 

 adequate staff" supervision, and sufficient technical expertise. Amendments to the 

 Lacey Act in 1981 allowed FWS to enforce State-restricted injurious fish and wild- 

 life. No such interceptions were listed among the agency's 1990 accomplishments, 

 though, suggesting tnat enforcement is not a high priority. Likewise, compliance 

 with Federal and State laws limiting interstate distribution of federally or State- 

 listed noxious weeds is, in effect, largely voluntary. 



Agency Jurisdiction and Interagency Efforts 



Federal laws leave both obvious and subtle gaps that most States do not fill ade- 

 quately. Significant gaps exist for non-indigenous fish and wildUfe and their dis- 

 eases, weeds, vectors of human diseases, and NIS in natural areas. Many gaps 

 applv to genetically engineered organisms as well; they and NIS are commonly regu- 

 lated under the same laws. 



At least 20 Federal agencies research, restrict, regulate, control, or sponsor NIS, 

 with USDA and the Department of Interior playing the largest roles. Also, Federal 

 agencies manage about 30 percent of the Nation's lands, many with grim NIS prob- 

 lems. Yet Federal management policies are often inconsistent within and among 

 agencies and implementation inadequate. Conflict between agencies is rare, at least 

 in part because legislative and regulatory gaps prevent much jurisdictional overlap. 



'The 1990 Non-indigenous Aquatic Nuisance Prevention and Control Act created 

 an interagency task force to deal with harmful aquatic NIS. The Task Force is co- 

 chaired by FWS and the National Oceanic and Atmospheric Administration and 

 draws additional members from five other Federal agencies. 



The Act set out a number of assignments, many with completion dates that have 

 been considerably delayed. Several factors account for this delay. Little funding was 

 initially appropriated for new responsibilities or staff. In the absence of clear na- 

 tional policy, 'Task Force members spent a substantial amount of time reaching con- 

 sensus goals. Finally, administrative details — such as a charter and a memorandum 

 of understanding — slowed its progress. On the other hand, FWS' participation in the 

 Task Force has stimulated a much-needed internal review of agency policies. And 

 the Task Force's "Intentional Introductions Policy Review" aims to improve risk as- 

 sessments for proposed introductions. 



