Tell EPA to Protect Endangered Species from Pesticides

Washington Toxics Coalition 2/18/03

Since the passage of the Endangered Species Act, the Environmental Protection Agency (EPA) has failed to uphold its legal duty to protect salmon and other endangered species from the impacts of pesticides. In December 2002, EPA finally proposed a program to protect endangered species from pesticides. Unfortunately, the program is extremely weak and will do very little to protect these species on the brink of extinction. We need to tell EPA that it must obey the Endangered Species Act and create a program that makes sure endangered species aren't harmed by pesticides.

Background:

On December 12, 2002, EPA proposed a program to address the risks pesticides pose to endangered species. This action comes shortly after a court decision that ordered the EPA to initiate consultations with the National Marine Fisheries Service on protection of salmon from 54 pesticides. Several other lawsuits have been filed to protect species including a lawsuit filed by the American Bird Conservancy, Defenders of Wildlife, and the Florida Wildlife Federation to protect the endangered Piping Plover from the use of fenthion. These lawsuits have likely provided the stimulus for EPA's proposal on how it will implement the results of the consultations, but the proposal falls far short of the protection needed.

A critical element of EPA's program is how it will impose use restrictions on pesticides to protect species, and how those restrictions will be communicated to farmers, consumers, and other pesticide users. EPA is proposing that pesticide product labels will only direct pesticide users to either a website or to pamphlets at their state agricultural agency offices. Thus, label instructions would not include the actual restrictions on use to protect endangered species.

Your voice is needed to convince EPA to strengthen its program and ensure proper protection for endangered species.

EPA is taking comment on its proposed endangered species protection program until March 3, 2003. A sample letter is provided below.

PLEASE TELL EPA:

o EPA has a duty to ensure endangered species are protected from pesticides. Legally, EPA cannot let economic benefits outweigh the cost to fish and wildlife;

o Restrictions on pesticide use must be mandatory and appear on the pesticide product label, not in pamphlets or on a website. Labels must include the name of the species to be protected, what restrictions apply, and where they apply.

o EPA must consider all the ways that pesticides harm endangered species. Currently, EPA's assessment is based on how much of the pesticide it takes to kill an organism. EPA must ask the experts at U.S. Fish and Wildlife Service and the National Marine Fisheries Service how to determine whether a pesticide harms an endangered species or its habitat.

Again, comments must be received by March 3, 2003.

SEND COMMENTS TO:

Public Information and Records Integrity Branch

Office of Pesticide Programs

Environmental Protection Agency (7502C)

1200 Pennsylvania Ave NW

Washington, DC 20460-0001

Attention: Docket ID Number OPP-2002-0311

You can also submit comments by email to opp-docket@epa.gov, Attention: Docket ID Number OPP-2002-0311. Please send a copy of your e-mail to volunteer@watoxics.org.

Sample Letter

The Environmental Protection Agency has failed for many years to protect endangered fish, birds, and other organisms from the harmful effects of pesticides. It is time that the agency took its duty under the Endangered Species Act seriously, and created an Endangered Species Protection Program that has mandatory restrictions on pesticide use that will truly protect species.

EPA's current proposal falls short of ensuring real protections in a number of ways. EPA must modify this proposal and create a program that ensures endangered species are protected and does not balance the needs of species with the supposed economic benefits of pesticide uses.

EPA's program cannot rely on obscure pamphlets and information on a website and expect pesticide users to find and comply with this information. Rather, restrictions to protect species must be prominently displayed on the pesticide label, and the label must have all the information necessary for pesticide users to comply with the law and protect endangered species.

Finally, EPA can no longer use its outdated and insufficient methodology for determining which pesticides pose a threat to endangered species. EPA must consult with the expert agencies to develop appropriate methodology to determine the effects of pesticides on endangered species.

EPA has put populations of endangered species at risk from the harmful effects of pesticides for far too long, and the agency must use this program to create mandatory and well-communicated restrictions to ensure that pesticide uses no longer harm endangered species. Thank you.

Sincerely,

Your name

Your address