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7/14/2009 5:02:31 PM
Creation date
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UCREFRP
UCREFRP Catalog Number
7837
Author
Aquatic Nuisance Species Task Force.
Title
Report To Congress, Findings, Conclusions, and Recommendations of the Intentional Introductions Policy Review.
USFW Year
1994.
USFW - Doc Type
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that decisions on the introduction of nonindige- <br />nous species could have such impacts. The hesi- <br />tance of some State agencies to support <br />interjurisdictional consultations reflected a simi- <br />lar fear of the loss of control over important deci- <br />sions. In effect, most States wanted a voice in but <br />feared a "veto" over decisions that could affect <br />their ability to set and attain their own manage- <br />ment goals and objectives. <br />Though the Task Force believes that binding <br />decisions reached through interjurisdictional <br />consultation may produce fewer "maverick" <br />decisions and result in a greater reduction in the <br />risks of adverse consequences, the policy review <br />process revealed little precedence for Federally <br />mandated binding authorities for interstate pan- <br />els. Examples do exist of two or more States vol- <br />untarily designating (e.g., through Memoranda <br />of Understanding) a regional panel as a joint reg- <br />ulatory agent with such power as they may jointly <br />confer for the regulation of shared resources. <br />Such a procedure has been set up by the Atlantic <br />States Marine Fisheries Commission. The Task <br />Force recognizes therefore that the deliberations <br />of interjurisdictional panels will constitute advi- <br />sory rather than binding decisions. This in no <br />way suggests perfunctory deliberations by such <br />panels. As is the case in existing interstate coun- <br />cils on other issues, deliberations should be <br />broadly participative and scientifically and pub- <br />licly credible. This deliberative process, even if <br />not binding, serves to clarify intentions and helps <br />flesh out potential or previously unforeseen prob- <br />lems. Indeed, the utility of interjurisdictional <br />panels regarding nonindigenous species issues <br />should extend well beyond consultations on the <br />actual decisions of whether or not to introduce a <br />given species. Useful information exchange could <br />include notifications of escape, unexpected dis- <br />persal, illegal introductions that may affect oth- <br />ers, and alterations to State approved or <br />prohibited species lists. <br />Recommendation 6B <br />Interjurisdictional panels should serve as a <br />forum for the sharing of nonindigenous species <br />information; for the coordination, where desir- <br />able, of State laws; and for the development of <br />regional policy. <br />Recommendation 6C <br />Interjurisdictional nonindigenous species con- <br />sultations should include representation from <br />affected parties, i.e., Federal, State, Tribal, <br />public and private interests and, where appro- <br />priate, the international community. <br />Implementation of a system of interjurisdictional <br />review could be based either upon more formal <br />acceptance of this role by existing panels or <br />through the creation of new panels. Existing pan- <br />els could include the large river basin groups <br />(e.g., Mississippi Interstate Cooperative <br />Resource Agreement participants, Colorado <br />River Fish and Wildlife Council, Columbia Basin <br />Fish and Wildlife Authority) or the regional com- <br />mssions (e.g., Great Lakes Commission, <br />regional marine fisheries commissions). Many of <br />these same panels already discuss species intro- <br />ductions on an ad hoc basis, but would likely <br />need additional staff and financial support if they <br />accepted the functions recommended above. <br />While many of these existing panels already <br />encompass a wide spectrum of participants, oth- <br />ers may need to alter their by-laws to allow for <br />such participation. <br />MODEL STATE CODE <br />State regulation of nonindigenous aquatic organ- <br />isms is evolving rapidly. It currently varies from <br />very limited authority or specific involvement to <br />extensive and inclusive management and deci- <br />sion-making approaches. To increase awareness <br />of the approaches used by others, improve State- <br />to-State consistency, and present what the Task <br />Force viewed as an appropriate mix of the exam- <br />ples reviewed, the Task Force has developed a <br />"conceptual" Model State Code (Table 3). The <br />elements arc largely drawn from approaches <br />cited by various States (see Findings section). <br />However, apparently no single State currently <br />encompasses all elements of the Model Code. We <br />believe that it incorporates most of the important <br />concepts that States and others suggested would <br />enable decision making that minimizes the risk of <br />adverse consequences from intentional introduc- <br />tions and would make an effective goal for States <br />to pursue. <br />Several review participants suggested linking a <br />Model State Code to disincentives (e.g., fines or <br />withholding Federal aid funds) for failure to <br />comply. The Task Force does not recommend <br />this linkage. Neither the model code provided <br />herein nor the details of how to establish compli- <br />ance are adequately developed at this point to <br />take such a step. There is also no current legal <br />23 <br />
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