The Environmental Protection Agency (EPA) has released what it says is its first-ever comprehensive work plan to address how to protect endangered species from pesticides. The agency says the new plan establishes strategies and actions that will help species while providing farmers and others with access to pesticides.
“We are confident that EPA can streamline (Endangered Species Act) consultations around pesticides in a way that continues to conserve wildlife while allowing farmers access to the tools they need to produce the food and fiber that all of us rely on,” said USDA Undersecretary for Farm Production and Conservation Robert Bonnie.
The Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) requires EPA to consider how pesticides will impact endangered and threatened species. The agency says it has met its duties under the Endangered Species Act (ESA) for less than 5 percent of its FIFRA decisions, which has resulted in over 20 ESA lawsuits against the agency.
The new work plan includes four key strategies to protect species under the ESA while minimizing regulatory impacts to pesticide users:
• Identify FIFRA actions that are the highest priority for fulfilling ESA obligations, including actions with court-enforceable deadlines and new conventional pesticide registrations.
• Improve approaches to identifying and requiring ESA protections, especially for species facing the greatest risk from pesticides.
• Improve the efficiency and timeliness of the ESA consultation process for pesticides in coordination with other agencies.
• Engage stakeholders more effectively to better understand pest control practices and implement species protection measures.
EPA has more than 50 pesticide ingredients covering more than 1,000 pesticide products with court-enforceable deadlines to comply with the ESA or in pending litigation alleging ESA violations. The agency said the work would be completed after 2040, yet the work represents less than 5 percent of all the FIFRA decisions in the next decade for which ESA obligations exist.
“This is an unsustainable and legally tenuous situation in which EPA’s schedule for meeting its ESA obligations has historically been determined through the courts,” EPA said in a press release. “The work plan must provide a path for the agency to meet those obligations on its own, thus protecting endangered species while supporting responsible pesticide use.”
EPA said over the coming months, the agency will work with stakeholders to identify opportunities for collaboration and will continue seeking input on more efficient and effective ways to meet its ESA obligations.
In the April 16 issue of the Public Lands Council’s Weekend Roundup newsletter, the group said it will watch closely to see how EPA uses ESA considerations in new pesticide regulations and what impact it may have on ESA decisions. — Anna Miller,WLJ managing editor
