FB383

By Fred Grant

Through the Invasive Species Executive Order (Feb. 2, 1999) the Clinton-Gore administration launches another attack on private property rights. The Order is also a further extension of attempts to by-pass the U.S. Senate by reaching world agreements without the necessity of treaty ratification.

Cloaked in a policy of protecting "ecosystems" from invasion by species harmful to the economy, environment and human health and safety, the Executive Order allows the Secretaries of State, Treasury, Defense, Interior, Agriculture, Transportation, and Commerce to work with the Administrator of the Environmental Protection Agency to establish a management plan which will affect and impact even the private portions of "ecosystems" yet to be identified. This Order and the Management Plan will be forthcoming will address protection against and eradication of "invasive species", that is any species which is not "native" to the ecosystem. A "native species" is identified as any species which historically occurred in or currently occurs in an ecosystem provided that the species was not brought to the ecosystem "as a result of an introduction". This general definition gives carte blanche to the Council of Secretaries since there are hardly any species which were not at some point in history "introduced" into their current ecosystem.

There is no question that there is danger to the economy and to the environment which is caused by invasion of noxious weeds and species. But, if the White House were really interested in eradicating such invading species, it could simpy direct to those state and local agencies already fighting the invasion the money which will be used to implement the newest Executive Order. There is no eradication or protective action which will occur under the Executive Order which CAN NOT ALREADY BE TAKEN under existing laws.

For example, at the most recent meeting of the Society for Range Management in Lewiston, Idaho, experts pointed to the uncontrolled spread of noxious weeds in the National Forests throughout north Idaho. Only the Forest Service can take the actions necessary to eradicate the crippling weeds. But, the Forest Service claims to have neither the money nor the authority from above to take the steps necessary to eradicate the weeds. We do not need an Executive Order to fight this problem. A simple directive from Washington, D.C. and commitment of necessary funds would accomplish what is needed.

The same is true of virtually every problem which the Secretaries should consider under the Executive Order. A review of the statutes cited in the Executive Order makes it clear that the federal agencies already have the authority to act. With regard to each problem to be addressed under the Executive Order, there is a state and local agency much better able to combat the problem if only the Clinton-Gore administration would include the funds in their federal budgets to provide assistance to the existing agencies and then direct their agencies to authorize the assistance. Three years ago, the Idaho Department of Agriculture had to fund a survey of grasshoppers so destructive to Idaho rangelands and adjacent croplands, because the United States Department of Agriculture did not have the funding for such surveys which are critical to protection and eradication. All the Clinton-Gore administration has to do to remedy such problems of lack of funding is provide the funding in their budgets---the Management Plan called for by the Executive Order will not provide that funding.

So, if all that is needed for protection and eradication can be provided without the Executive Order, why was it issued? Consider this. The "stakeholders" whose properties and interests are to be affected include "private landowners" and "environmental...and conservation organizations". The one thing that would be hard to accomplish under existing statutes is gain control over use of privately owned land. But, under the Management Plan to be established under the Executive Order, the "Invasive Species Council" of secretaries will "detail and recommend performance-oriented goals and objectives and specific measures of success for Federal agency efforts concerning invasive species." The Plan will identify "pathways by which invasive species are introduced" and identify approaches for "minimizing the risk of introductions via those pathways". The Plan will also provide measures to "identify, monitor, and interdict pathways that may be involved in the introduction of invasive species." Does this language remind one of the "corridors" identified by the Wildlands Project? Does the monitoring language remind anyone of the Biological Survey once proposed by Secretary Babbitt which would have surveyed private property? Does anyone doubt that such an approach opens the door to further federal interference with and control of use of private property which lies within the identified "pathways"? Does anyone doubt that the purpose of such Plan and its identification, monitoring, and interdiction processes is to further restrict natural resource and agricultural uses and to further enhance the left wing attack on private property rights?

The Order encourages "international cooperation in addressing invasive species". Does anyone doubt that this simply creates another avenue through which the leftist concept of Gore One-Worldism can be imposed upon the citizens of the United States, without the necessity of submitting a treaty to the Senate for ratification? This Executive Order is just one more step in the process of attacking private property rights, and attempting to attack them outside the due process parameters established by the United States Constitution, particularly the "takings clause" of the Fifth Amendment.