More than One Way to Skin a Burmese Python: Multiple Possibilities for Fixing the Invasive Species Problem in the United States

Abstract

Forget the war on drugs. What the United States needs is a war on invasive species. This thesis will explain the problem of invasive species, examine laws that directly or indirectly regulate invasive species, and then propose several solutions, including a comprehensive Federal statute on non-native species, and a new federal framework on biosecurity, similar to that in New Zealand.Part 1 examines the problems non-native species pose to America. Part 2 looks at the strength and deficiencies of current international, federal, state, and local laws regulating non-native species, such as CITES, the Lacey Act, and Great Lakes Aquatic Nuisance Species Act of 2005. Part 3 explores a variety of statutory and common law mechanisms that are not explicitly for non-native species regulation, but may be applied towards the issue, including the takings clause of the Endangered Species Act, the Clean Water Act, and public nuisance liability. Part 4 explores the question of whether we need a comprehensive statute, and evaluates comprehensive non-native species legislation in other countries, such as New Zealand’s Biosecurity Act. Part 5 examines other possible solutions, such as H.R. 669, the Nonnative Wildlife Invasion Prevention Act, a proposed federal non-native species statute, examining its strengths and weaknesses, and also whether fitting an invasive species center in the context of Homeland Security would be feasible and useful.