Endangered Species Act Poised to Affect Almond Growers
by Betsy Codrea, Gowan Company

The Endangered Species Act has hit the regulatory radar screen for crop protection chemicals. 

In response to a series of lawsuits brought forth by the environmental activist community, two important notices recently were published by the U.S. EPA.  In December 2002 the EPA set forth a detailed proposal regarding future implementation of its ongoing Endangered Species Protection Program (ESPP).  Soon after, in January 2003 the EPA and the Services (the U.S. Fish and Wildlife Service and the National Marine Fisheries Service) jointly requested public comment on the appropriate responsibilities of each Federal agency in evaluating the potential impacts of pesticides on endangered or threatened species.  

At the State level, the California Department of Pesticide Regulation (DPR) has drafted a series of County Bulletins that list pesticide use restrictions by commodity, species, and habitat within the nearest square mile.  The final scope and implementation of these bulletins is tied to finalization of the ESPP by EPA, and may be impacted by budgetary constraints within DPR.

To date, compliance with these Bulletins has been voluntary.  However, the County Bulletins will become mandatory when the Endangered Species Protection Program is finalized.  EPA may try to finalize the ESPP by the end of 2003, although this timetable is uncertain.

Nationwide, more than 1200 plant and animal species have been formally listed as endangered or threatened, and more species are in the pipeline for listing.  It is fair to say that the EPA has an enormous challenge ahead to complete evaluations for numerous species/chemical/locality combinations across the country.  And the EPA assessments only mark the first step in a larger process that will include formal consultation with the Services.   Whether the Services will reach similar conclusions as EPA regarding risk and risk mitigation (label restrictions) is largely unknown.  And the ability of registrants to successfully challenge unnecessarily conservative and erroneous risk assessments also is not known.

At present, there are more than 350 species in California that either have been formally listed or have been proposed for endangered or threatened status.  In almonds, 25 endangered, threatened or candidate species have been identified by DPR.  About 15-20 crop protection chemicals used in almonds have been, or are scheduled for, endangered species impact evaluations by EPA.  So far, most of these assessments have been limited to potential effects on endangered salmon.  With litigation sorting the process, the current roster of products on the table include many of the insecticides and miticides needed in almond production.

EPA has said it intends to comply with the Endangered Species Act without placing an unnecessary burden on agriculture and other pesticide users.  It is important that almond growers keep abreast of the ongoing Endangered Species Protection Program at both the Federal and State levels.  The EPA maintains a very informative website at http://www.epa.gov/oppfead1/endanger/effects/.  This website includes the findings made by EPA to date, and will include the schedule for future assessments and opportunities for public comment. 

Another important resource is the DPR website at http://www.cdpr.ca.gov/docs/es/index.htm. At this site, you will be able to find draft County Bulletins.  DPR has stated its intention to maintain an open and participatory process in adopting finalized County Bulletins, and is expected to schedule a series of public input meetings on this.

Below is the DPR listing of endangered species identified in almond-producing regions. There is also a complete listing on their website that enables you to view crop protection materials in danger of severe label restrictions, such as 200 yard buffer zones.  You are urged to visit the above websites to learn about the specific chemicals that you use and need, and the potential label restrictions that have been proposed.  Now is the time to become involved in the process.