From acohen@sfei.org Thu Nov 13 11:53:37 2003 Received: from mxu2.u.washington.edu (mxu2.u.washington.edu [140.142.33.7]) by lists.u.washington.edu (8.12.10+UW03.09/8.12.10+UW03.09) with ESMTP id hADJrauL014292 for ; Thu, 13 Nov 2003 11:53:37 -0800 Received: from mail.sfei.org (206-169-33-66.gen.twtelecom.net [206.169.33.66]) by mxu2.u.washington.edu (8.12.10+UW03.09/8.12.10+UW03.09) with ESMTP id hADJrZFX005920 for ; Thu, 13 Nov 2003 11:53:35 -0800 Received: from mail (mail [127.0.0.1]) by mail.sfei.org (Postfix) with ESMTP id 1BB185DC33 for ; Thu, 13 Nov 2003 11:53:32 -0800 (PST) Received: from mail.sfei.org (mail [127.0.0.1]) by mail (VaMailArmor-2.0.1.1) id 00421-0F83986B; Thu, 13 Nov 2003 11:52:49 -0800 Received: from [192.168.1.206] (unknown [192.168.1.206]) by mail.sfei.org (Postfix) with ESMTP id 912E15DC33 for ; Thu, 13 Nov 2003 11:52:49 -0800 (PST) X-Sender: andy@mail.sfei.org Message-Id: Mime-Version: 1.0 Content-Type: text/enriched; charset="us-ascii" Date: Thu, 13 Nov 2003 11:53:17 -0700 To: consbio@u.washington.edu From: Andrew Cohen Subject: Scientists' Call to Action on Invasive Species X-Uwash-Spam: Gauge=IIIIIIIII, Probability=9%, Report='ACT_NOW, HTML_TAG_UNKNOWN, __CT, __CTYPE_CHARSET_QUOTED, __HAS_MSGID, __MIME_VERSION, __SANE_MSGID' (apologies for cross posting) GenevaDear Phyllis & others who drafted the Call to Action, I'm afraid I can't recommend that ballast water discharges continue to be managed through the mechanism offered by the National Aquatic Invasive Species Act (NAISA). Seventeen years after zebra mussels invaded North America, NAISA is the latest in a line of federal bills (the Nonindigenous Aquatic Nuisance Prevention and Control Act (NANPCA) of 1990, the NANPCA amendments of 1995, and the National Invasive Species Act (NISA) of 1996) that have attempted to regulate ballast discharges through an ineffective mechanism, managed by an inappropriate agency, at an unconscionably slow pace.Perhaps not surprisingly, these bills have generally enjoyed the tacit support of the shipping industry. In its most recent incarnation (NISA, currently in effect), this legislation took the great step forward of making it officially voluntary for the shipping industry to manage its ballast discharges throughout most of the US. Oversight and implementation of the Act was assigned to the Department of Commerce--an odd choice for environmental legislation. Through government re-organization, responsibility for the Act has now lodged with the Department of Homeland Security--another agency whose primary mandate is not the protection of the environment. The legislation continues the use of a stop-gap method for managing ballast discharges and for implementation relies on industry statements of compliance with essentially no independent monitoring (see, for example, Harkless 2003; and Cohen & Foster 2000 at pp. 824-827). I and others have argued that a more effective approach would be regulating the non-native "biological pollutants" released in ballast charges though the Clean Water Act, just as chemical and microbial pollutants are regulated. The CWA is implemented by the Environmental Protection Agency, whose primary mandate, despite whatever changes occur in the White House, remains the protection of the environment. A petition and subsequent lawsuit filed by a coalition of environmental organizations, with the support of tribal and water agencies and an amicus brief submitted by the attorneys general of New York, Michigan, Minnesota and Illinois, seeks to compel the federal government to apply the CWA to ballast discharges. Both statutory and case law appear to support this (Foster 2000; Cohen and Foster 2000; Zellmer 2000), but the federal government has been dragging its feet, arguing that since NISA exists, there is no need to apply the stronger regulations of the CWA (US EPA 2001, 2003). It's conceivable that the Call to Action that you are circulating, if submitted to Congress, could be cited in court to show that the scientific community supports regulation through NAISA rather than the CWA. I understand that the shipping industry is adamantly opposed to using the CWA to regulate ballast discharges. If the CWA is to be applied, other voices must be raised in support. Members of the scientific community could add theirs, by amending the Scientists' Call to Action to ask the President and Congress to apply the plain requirements of the Clean Water Act to ballast discharges. Respectfully, Andrew N. Cohen Literature cited Cohen, A.N. and B. Foster. 2000. The regulation of biological pollution: Preventing exotic species invasions from ballast water discharged into California coastal waters. Golden Gate University Law Review 30(4): 787-883. Foster. B. 2000. Pollutants without half-lives: the role of federal environmental laws in controlling ballast water discharges of exotic species. Environmental Law (Northwestern School of Law) 30(1): 99-142. Harkless, K. 2003. How acurate is ballast water reporting? Aquatic Invaders (National Aquatic Nuisance Species Clearinghouse) 14(1): 2-7. U.S. Environmental Protection Agency. 2001. Aquatic Nuisance Species in Ballast Water Discharges:Issues and Options. Office of Water; Office of Wetlands, Oceans and Watersheds; and Office of Wastewater Management, Washington, DC. U.S. Environmental Protection Agency. 2003. Decision on Petition for Rulemaking to Repeal 40 C.F.R. 122.3(a). Zellmer, S.B. 2000. The virtues of "command and control" regulation: barring exotic species from aquatic ecosystems. University of Illinois Law Review 2000(4): 1233-1285. > >Dear Colleague, > >(Apologies for cross posting) > >Ten years ago, I directed a study on invasive species by the >Office of Technology Assessment (OTA) of the U.S. Congress. >This report, "Harmful Non-Indigenous Species in the United >States," was the first comprehensive look at invasive >species across taxonomic lines, economic sectors, and >government jurisdictions. It detailed the numbers, economic >costs, and environmental impacts of invasive species. The >report examined federal and state policies that affect >biological invasions and suggested policy solutions to stem >the introduction and spread of damaging organisms. > >Invasion biology has progressed substantially in the past >decade. While there have been a few key policy gains, >overall, progress is woefully inadequate. Unfortunately the >nation's approach to invasive species remains as OTA >described it ten years ago: a poor match for the problems at >hand. > >Now, the National Environmental Coalition on Invasive >Species (NECIS) is marking the tenth anniversary of the OTA >report with a series of activities to draw attention to this >lack of progress -- and to affirmatively press for change. A >central piece of our effort is a Scientists' Call to Action. >We are asking U.S.-based experts in invasive species related >fields to join us in calling upon Congress and the President >to take six specific and practical steps right now. These >steps can significantly slow the introduction and spread of >invasive species and counteract the severe environmental, >economic, and other harm invasives cause. Because we are >approaching the holiday season, we are framing these actions >as gifts policymakers can give the American people. > >Please Join Us! > >The Call to Action on Invasive Species is below. Please >review it; and, if you agree with its content, consider >adding your name to the call. In signing, you will join a >growing number of invasive species experts, including Ann >Bartuska, K. George Beck, Jim Carlton, Jerome Jackson, David >Lodge, Richard Mack, Hal Mooney, Stuart Pimm, Sarah >Reichard, Don C. Schmitz, Daniel Simberloff, and Scott S. >Smith. Details on how to sign-on are below. > >Thank you for your time and help on this important effort. > >Phyllis N. Windle, Ph.D. >Senior Scientist & Invasive Species Project Leader >Global Environment Program >Union of Concerned Scientists > >**************************** >** THE CALL TO ACTION > >Ten years ago, the Office of Technology Assessment of the >U.S. Congress detailed the destruction caused by invasive >species and recommended a number of solutions. Since then, >the damage has become even starker. Invasive species >threaten the productivity of the soils and waters upon which >we - and our economies - depend. They endanger the >conservation gains of the past century. And they imperil the >native species that make this country unique. In sum, the >devastation caused by non-native, invasive organisms is one >of the most serious and least-recognized tragedies of our >time. > >Because the federal government regulates the movement of >damaging organisms into the country and between U.S. states, >solutions to this problem require strong federal action. >Progress in the past ten years has been woefully inadequate. > >Therefore we -- the undersigned scientists, resource >managers, agricultural officials, and other experts -- call >upon the U.S. Congress and the President to immediately take >action to drastically slow the introduction and spread of >invasive species and to counteract the severe environmental, >economic, and other harm these species cause. These actions >would be invaluable and long-lasting gifts to the nation. > >Three Gifts Congress Should Give Immediately > >We challenge the U.S. Congress to strengthen outmoded laws >and to take a comprehensive approach to protecting the >Nation's resources. Specifically, we ask that Congress: >* Immediately pass the National Aquatic Invasive Species Act >-- to reauthorize one of our most important laws and to >broaden it in key ways. >* Quickly enact Executive Order 13112 on invasive species >into federal law -- to ensure that new means for >coordinating government efforts have a permanent >institutional home. >* Swiftly provide the funds for a program to detect newly- >arriving non-native species and to respond to them rapidly - >while populations are small and costs are low. > >Three Gifts the President Should Give Right Now > >We call on the President to ensure that federal agencies: >* Promptly undertake both a major research campaign to >better understand the impacts of invasive species and to >enhance knowledge needed for making critical policy >decisions, and also begin an extensive public awareness >effort to deter unauthorized or accidental releases of non- >native species. >* Immediately begin screening species for potential >invasiveness before they are imported. >* Rapidly negotiate strict North American standards to limit >pests arriving on shipments of plants. > >Furthermore, we ask the Congress and the White House to >establish a new national center on biological invasions to >lead the United States in strengthening public and private >efforts at all levels. These measures, taken effectively and >with care, will not jeopardize essential international trade >nor the livelihoods and rights of responsible business and >property owners. Quite the opposite: these steps will >contribute to the prosperity of the nation and to the >conservation of its most valuable resources well into the >future. > >*ORIGINAL SIGNERS >Ann Bartuska, K. George Beck, James Carlton, Jerome Jackson, >David Lodge, Richard Mack, Harold Mooney, Stuart Pimm, Sarah >Reichard, Don C. Schmitz, Daniel Simberloff, Scott S. Smith, >and Phyllis Windle > >**ADD YOUR NAME >Scientists with any specialty related to invasive species or >biological diversity, as well as natural resource managers, >agricultural officials, and anyone else with significant >professional experience working on issues related to >invasive species or biological diversity is eligible to sign >on to the Call to Action. > >You can add your name by visiting our online web form: ><< http://www.ucsusa.org/global_environment/form/InvasiveSpecies.php > >By using this form you will be reducing the amount of data- >entry work that will be required of UCS staff, and thus >enable us to do more work on other aspects of this project. > >Alternatively, you can add your name by providing us with >the following information and sending it to << invasives@ucsusa.org > >******************************* >First Name*: >Middle Name/Initial: >Last Name*: >Title: >Degree (PhD, MS, etc)*: >Organization: >Department: >City*: >State*: >Tagline: >(a description of your specific specialization, which will >appear on the Call To Action. Taglines should not be longer >than 10 words.) >*means required field >******************************* >FOR MORE INFORMATION: > >*NECIS-the National Environmental Coalition on Invasive Species. ><< http://www.ucsusa.org/global_environment/invasive_species/page.cfm?pageID=1276 > > >*NAISA-the National Aquatic Invasive Species Act ><< http://www.ucsusa.org/global_environment/invasive_species/page.cfm?pageID=882> > >*Executive Order 13112 ><< http://www.ucsusa.org/global_environment/invasive_species/page.cfm?pageID=1277 > > >More About the Letter ><< http://www.ucsusa.org/global_environment/invasive_species/page.cfm?pageID=1275 > > >FOR GOVERNMENT EMPLOYEES >As this Call To Action specially mentions current and >potential legislation, a potential conflict may exist for >scientists employed by the federal government. Each page of >signatures will clearly note, "affiliations are for >identification purposes only". Such a caveat is often >included in similar statements and typically satisfies >lobbying restrictions for government employees. If you have >any questions about your agency's polices on such efforts, >we suggest that you contact your agency's human resources >department. All signers are welcome to join the Call to >Action by listing only their resident city, state, and >specialization. > Andrew N. Cohen San Francisco Estuary Institute 7770 Pardee Lane, 2nd Floor Oakland, CA 94621-1424 phone: (510) 746-7367 fax: (510) 746-7300 email: acohen@sfei.org website: http://www.sfei.org/bioinvasions/ .