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Federal Fish and Wildlife Agencies Change Scientific Positions
Following is a side-by-side comparison of past and current statements relating to EPA protections for endangered species from pesticides,made by the U.S. Fish and Wildlife Service (USFWS) and the National Marine Fisheries Service (NOAA Fisheries). It is clear that these agencies have made dramatic changes in scientific positions, even from very recent documents. While EPA has stated it will attempt to address some of the Services’ past concerns, it has made very few specific commitmens.
1. EPA’s Risk Assessment Process in General
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Past Service Comments:
" The U.S. Fish and Wildlife Service believes that the Environmental Protection Agency’s (EPA) ecological risk assessment does not address several important data gaps, which are vital for characterizing risk to ecological receptors."
USFWS Comments on Carbaryl Reregistration, 2002.
"While EPA attempts to address a few of the above deficiencies in their registration process through the use of ‘safety factors,’ a preliminary review of their application of this process indicates that it is inadequate to accurately assess effects to listed species."
USFWS Summary of EPA’s National Pesticide Registration Program, 2002. |
Current Service Statements:
" After careful consideration, the Services have concluded that this approach, as understood and reflected in this letter, will produce effects determinations that reliably assess the effects of pesticides on endangered and threatened species (listed species) and critical habitat pursuant to section 7 of the Endangered Species Act (ESA) and implementing regulations."
Evaluation of EPA Ecological Risk Assessment by USFWS and NOAA Fisheries, 2004. |
2. EPA’s Consideration of Sublethal Effects:
The Services have long voiced concern that EPA’s procedures focus too heavily on mortaility, and do not sufficiently consider important sublethal effects, which are more subtle effects that may still have consequences for the survival of the species.
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Past Service Comments:
" Conventional toxicity studies . . . may underestimate neurobehavioral thresholds for fish. Rainbow trout behavior changed at chlordane concentrations below U.S. Environmental Protection Agency’s (EPA) not-to-be-exceeded concentration, illustrating the inadequacy of using current EPA application guidelines for avoidance of sublethal effects."
NOAA Fisheries Biological Opinion re: Travis Tyrell Seed Orchard |
Current Service Statements:
" The Services have deemed appropriate the existing sublethal endpoints that are included by OPP in its risk assessment process, and the manner in which they are used for purposed of assessing potential sublethal effects."
Evaluation of EPA Ecological Risk Assessment by USFWS and NOAA Fisheries, 2004. |
3. Use of Acute Mortality Data as Basis for Regulations
The EPA uses the amount of pesticide needed to cause death as a basis for major regulatory decisions. It uses this level to create a "level of concern,",or LOC.
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" In many cases, acute mortality data may not be appropriate for estimating whether a pesticide will have adverse, non-lethal effects on the essential behavior patterns of salmonids (e.g., feeding, spawning, or migration."
"The lethality endpoint has little predictive value for assessing whether real world pesticide exposure will cause sublethal neurological and behavioral disorders in wild salmon."
NOAA Fisheries Biological Opinion Re: Salmon Challis National Forest Noxious Weed Program |
"These LOCs reflect an appropriate threshold for determining when the probability of an effect is negligible, and as such, are appropriate thresholds for determining whether pesticide use "may effect" a listed species."
Evaluation of EPA Ecological Risk Assessment by USFWS and NOAA Fisheries, 2004. |
4. Need for Test Data on All Pesticide Ingredients
Pesticide products, also known as formulations, are made up of both active and so-called "inert" ingredients. EPA requires testing of the ecological effects of only the active ingredient.
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" The toxicological effects of these other ingredients are not always known, and since EPA only requires that toxicity testing be conducted on the active ingredient, the toxicity of mixtures to the active ingredient, inerts, and adjuvants in also unknown. These data gaps can result in significant uncertainty when predicting the risks posed by a pesticide."
USFWS Service Comments on the EPA Risk Assessment for Atrazine |
"The Services conclude, however, that OPP’s existing process for evaluating formulations makes use of the best scientific and commercial data available."
Evaluation of EPA Ecological Risk Assessment by USFWS and NOAA Fisheries, 2004. |
5. Use of Alternative Test Species to Stand in For Listed Species
EPA requires tests on a limited number of species, and uses these as surrogates for effects on listed species.
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" In most instances, the Service
believes that these test species are inappropriate surrogates for listed species because
of the inherent ecological sensitivity of listed species."
USFWS Comments on Carbaryl Reregistration 2002 |
"Where no other data is available, the Services agree that toxicity t
ests on surrogate species constitutes the best available information to analyze the toxicological
sensitivities of untested species."
Evaluation of EPA Ecological Risk Assessment by USFWS and NOAA Fisheries, 2004.
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