Preventing the Spread of Zebra and Quagga Mussels: The Role of the Lacey Act

Abstract

Following the discovery of the first population of dreissenid mussels in the western United States in 2007, significant federal, state, tribal, and local government resources have been directed toward public outreach campaigns, watercraft inspection programs, and legal reform to prevent the spread of this invasive species. This Article explores the limits of the Lacey Act as a tool for preventing the spread of invasive zebra and quagga mussels. The Lacey Act contains two key provisions. Title 16 prohibits wildlife trafficking and elevates the violation of state, tribal, or foreign wildlife laws to federal offenses. Title 18 prohibits the importation and interstate transportation of listed injurious species, including zebra mussels. This Article provides an overview of Title 16 and 18 and discusses the federal enforcement challenges associated with invasive mussel cases. The Article concludes with a discussion of the states’ primary enforcement role and proposals for Lacey Act reform.