An Historical Perspective of Pesticides and the Endangered Species Act, with Suggestions
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1 An Historical Perspective of Pesticides and the Endangered Species Act, with Suggestions
2 1970 EPA formed 1971 DDT proposed for cancellation 1973 Modern Endangered Species Act
3 1978 First Interagency Consultation Regulations 1978 First case-by- case pesticide consultation Additional case-by-case consultations
4 Cluster consultations Corn Cotton Soybeans Small grains Sorghum Forestry Rangeland Mosquito larvicides
5 1987 Implementation Label affected pesticides Refer to County Bulletin Specific Limitations in Bulletin Map in Bulletin
6 1987 Congress prohibits use of funds to implement program 1988 Original program published in Federal Register for public comment Numerous adverse comments received 1988 Endangered Species Act Amendments include section 1010 on EPA program
7 Revised Program Developed by EPA with assistance of Interagency Work Group Species-based based approach to consultation Labeling and County Bulletin continued Proposed for comment, July 1989 Favorable comments Blocked by USDA
8 Consultations Re-initiation of previous consultations Add new species, provide incidental take statements, update pesticides
9 Species Based Consultations 1991 First species-based consultation, based on pesticides used near and of most concern to kit fox spotfin chub 1993 Part 1 (kit fox) Opinion issued Primarily vertebrate control agents
10 1994 New administration not ready in attempt to finalize program 2002 New implementation program proposed 2005 New implementation program finalized
11 1993 Wyoming toad Litigation I Searches revealed no toads except on refuge; also in captivity 1997 Jaguar New Mexico implemented protections and provided educational material
12 2000 Forestry herbicides Litigation II Consultation on forestry herbicides for 33 plants in California and selected pesticides on salmon and steelhead 2000 Pacific salmon and steelhead Effects determinations and/or Consultations on 55 pesticides.
13 Notices or suits on Chesapeake Bay species Barton Springs salamander California red-legged frog San Francisco Bay species Prairie dogs Polar bears etc Litigation III
14 Mortalities of listed species in the Ecological Incident Information System (1998) Pesticide Species Labeled use? Carbofuran Bald eagle legal and misuse (many) Gray wolf misuse? Terbufos Bald eagle misuse? Phorate Bald eagle legal and misuse Fonofos Bald eagle undetermined
15 EIIS Mortalities of listed species (continued) Pesticide Species Labeled use? Sodium cyanide Gray wolf legal use; technically misuse (accidental) Chlorpyrifos Brown pelican undetermined Warfarin Peregrine falcon legal use (2 o?) Bald eagle legal use (2 o?) Glyphosate Desert tortoise legal? use (home)
16 New additions to EIIS (2011) Pesticide Species Labeled use? Sodium cyanide (1983) Condor legal use Brodifacoum Key deer legal use Kit fox legal use Anticoagulant Spotted owl unknown Fenthion Piping plover legal use (mosquito)
17 Probability of acute lethality for endangered species criteria Old Aquatic Terrestrial Slope 4.5 Slope 9.95 Slope 5.78 Terr. spp 0.1 safety fact Aquat. spp 0.05 safety fact 3.4x x x x x x10-14
18 Proposal Do Something!
19 1. Implement the provisions of the old Opinions 2. Use a labeling & bulletin system 3. Include newer risk assessments and implement comparable protections as needed for new species and pesticides 4. Incorporate new, valid research findings
20 5. Declare implemented opinions as part of EPA Agency Action 6. Adjust to reflect incidents or more in-depth risk assessments 7. Immediately expand protection as needed; back off where new information indicates
21 8 Consult only where a pesticide, even with new labeled provisions, rationally exceeds criteria 9 EPA should not relinquish its role as expert agency on pesticides, nor should Services relinquish their role as expert agencies on species. Respect one another.
22 10 Allow for development of new, site-specific exposure models 11 Use rational extrapolation 12 Do not extend n=1 research
23 Remember You can never be sure defeats all science
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