Assessing the Viability of Zebra and Quagga Mussels: Legal and Enforcement Challenges

Abstract

Zebra and quagga mussels entered the United States in the late 1980s and most recently appeared in several Western states. Western states are anxious to stop the spread of these invasive species, which wreak havoc on native ecosystems and water delivery infrastructure. However, variability among state and federal law presents a challenge to stopping the spread of the mussels. This Article examines the issues that arise when laws prohibit only the transport of “live” mussels. Viability standards are one of the most challenging disparities among state and federal laws. The Article concludes that states should preclude both live and dead zebra and quagga mussels to help clarify challenging enforcement questions and give law enforcement officials more certainty in their authority to stop and search watercraft.