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Federal Legal Authority

During the 1990s, the federal government saw a need to increase its authority to manage invasive species. The Nonindigenous Aquatic Nuisance Prevention and Control Act was passed on November 29, 1990, and was subsequently amended by the National Invasive Species Act of 1996. In general, the act provided for the development and implementation of a program for the waters of the United States to prevent introduction and dispersal of aquatic nuisance species; to monitor, control and study such species; and to disseminate related information. Section 1209 of the Act required the development of an environmentally sound program in coordination with regional, territorial, state and local entities to control the brown treesnake in Guam and other areas where the species is established outside of its historic range.

On February 3, 1999, President Clinton signed Executive Order 13112 enhancing and coordinating federal activities to control and minimize the economic, ecological, and human health impacts caused by invasive species. The executive order also established a National Invasive Species Council to oversee a management plan detailing the goals and objectives of the efforts of the involved federal agencies. This executive order provides new impetus and importance to the basic work performed by the U.S. Department of Agriculture's Animal and Plant Health Inspection Service, (APHIS) i.e., preventing the introduction and establishment in the United States of pests and diseases that could threaten the country's resources, and managing those species already established.

APHIS provides leadership in ensuring the health and care of animals and plants. Current APHIS programs include Wildlife Services.The mission of the Wildlife Services (WS) Program is to provide federal leadership in managing wildlife damage to protect agricultural resources, property, and natural resources and to safeguard public health and safety. Relying on an integrated approach to resolve wildlife conflicts, WS employs wildlife damage prevention and control methods which are effective, economical, and environmentally sound. WS assistance is provided upon request to federal, state, and local government agencies; private organizations and corporations; and individuals.

*Discussion from Bergman 2002