Sample Executive Order

Sample Legislation

In a major report released by the Environmental Law Institute (ELI) entitled “Halting the Invasion: State Tools for Invasive Species Management,” ELI establishes a “gold” standard against which states may measure their overall invasive species management. To achieve this gold standard, ELI suggests that states create both a comprehensive invasive species Council and a comprehensive management plan that addresses prevention, regulation, control and management of invasive species, as well as enforcement mechanisms. We here offer sample language gathered from legislation introduced in, or in use by, states around the country.

First, we offer a sample executive order establishing a Non-Indigenous Species Coordination Council. Modeled after the Federal Executive Order 13112, the Council consists of the heads of state agencies whose actions effect invasive species management. It serves as a mechanism to promote information sharing and coordination of existing and future management efforts. Most importantly, the Council is tasked with creating an Non-Indigenous Species Coordination Plan to establish an integrated, comprehensive, and coordinated approach among agencies to prevent, monitor, and manage all invasive species, whether aquatic, weed, biological agent, mammal, or pathogen. This executive order can easily be adapted for introduction as a legislative bill.

Second, we offer sample comprehensive management legislation that directs the state’s Department of Natural Resources or equivalent agency to establish a comprehensive management program that includes strategic planning, educational programs, regional coordination, prevention, monitoring, control, and enforcement mechanisms. The Director of the Department shall also prepare a long-term plan to implement this program. Finally, the bill provides specific criteria for creating a list of non-indigenous species according to the species’ risk of or demonstrated damage to native ecosystems or resource utilization. This list provides the basis for prohibited and restricted use or introduction of the species within the state. The sample legislation is based on language from Minnesota Ch. 84D and edited with language from Missouri SB 649 (2002) and model language written by the Great Lakes Commission.

Together, the executive order and bill provide both coordination among agencies and a comprehensive management program to tackle invasive species prevention, monitoring, control, and enforcement. While we suggest the use of both, the executive order and bill can also function well independently.

Click here to view other state executive orders and bills on invasive species.