Fw: FOR IMMEDIATE RELEASE: Growers for ESA Transparency File Petitionwith EPA to improve implementation of the Endangered Species Act
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FOR IMMEDIATE RELEASE
September 16, 2010
Contact:
Heather Hansen
Executive Director
Washington Friends of Farms & Forests
Office: 360-705-2040
Cell: 360-480-5567
Growers for ESA Transparency File Petition with EPA to improve implementation of the Endangered Species Act
Growers for ESA Transparency ("GET") filed a petition today requesting EPA take immediate action to establish clear procedures for EPA's pesticide effects determinations and subsequent actions consistent with Section 1010 of the 1988 amendments to the Endangered Species Act. Failure to correct a process resulting in unnecessary restrictions without any indication that salmon will benefit puts producers along the west coast at a competitive disadvantage. The magnitude of the damage could be severe enough to drive fruit, berry, citrus and vegetable growers to foreign countries, costing both jobs and exports.
"The Endangered Species consultation process is broken," said Heather Hansen of GET. "EPA and the National Marine Fisheries Service have been required by the court to consult regarding how the pesticide registration process may affect salmon. The current process is not based on the "best available data." It takes too long, excludes input from affected stakeholders, and results in unneeded restrictions on pesticide use which will be harmful to food production while failing to help salmon." In Washington State, monitoring data shows that salmon are already being protected by current labeling.
Congress recognized the need to include agricultural producers in the implementation of the Endangered Species Act when it wrote Section 1010 in the 1988 Amendments to the Endangered Species Act. [Pub. L. No. 100-478, 102 Stat. 2306, Section 1010 (1988); codified as a note to 7 U.S.C.].
The intent of Section 1010 is to minimize harm to agricultural producers. The Conference Report states:
Agriculture is a major part of the U.S. economy and provides nutritional sustenance for our population and exports abroad…. The Conferees, therefore, anticipate that… [the Federal agencies shall] implement the Endangered Species Act in a way that protects endangered and threatened species while minimizing, where possible, impacts on production of agricultural foods and fiber commodities. [Conference Rpt. at 23-24 (Sept. 16, 1988).]
In 2005, when EPA announced changes to the Endangered Species Protection Program [ESPP; 70 Fed. Reg. 66392, 66400 (Nov. 2, 2005)], it acknowledged that Section 1010 "provided a clear sense that Congress desires that EPA should fulfill its obligation to conserve listed species, while at the same time considering the needs of agriculture and other pesticide users."
EPA committed at that time to provide an opportunity for input at three points in an ESA assessment:
o Prior to making a "may affect" determination
o In identifying potential mitigation options, if necessary; and
o Prior to issuance of a Biological Opinion to EPA by the Services.
"Despite a 20 year old statute and a 2005 commitment by EPA to include agricultural producers, pesticide applicators, and other end users in the effects determination and consultation processes, EPA has yet to establish procedures to do so. Our petition seeks to correct this situation," said Terry Witt of GET.
About GET: GET is a coalition of grower organizations from across the west including Washington Friends of Farms & forests, Oregonians for Food and Shelter, Western Growers Association, California Strawberry Commission, California Citrus Mutual and many others committed to improving the transparency of implementation of the Endangered Species Act.
Additional contacts:
Terry Witt
Executive Director
Oregonians for Food & Shelter
Salem, OR
Office: 503-370-8092
Cell: 503-569-3300
Joel Nelsen
President
California Citrus Mutual
Exeter, CA 93221-1200
Cell: 559-799-7736
Hank Giclas
Senior Vice President
Western Growers Association
Newport Beach, CA
Office: 949-885-2205
Cell: 949-500-2890
------------------------------
Heather Hansen
Executive Director
PO Box 7644
Olympia, WA 98507
Office: 360-705-2040
Cell: 360-480-5567
E-mail: heather@wafriends.org
Washington Friends of Farms & Forests educates the public and decision makers about the science and technology necessary to produce safe, abundant, economical food, fiber and landscaping and to maintain a healthy, productive and safe environment for our agricultural and urban communities.
posted by Tom Karst @ 6:50 PM
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