ENDANGERED SPECIES PROTECTION PROGRAM

1
ENDANGERED SPECIES PROTECTION PROGRAM

• Presentation for Western Regional Meeting
• May 2004

2
Determinations

• No Effect
• (no exposure of concern)
• May Affect
• Not Likely to Adversely Affect
• (Exposure may occur and may be at levels of
  concern)
• Likely to Affect
• (Exposure likely to occur at levels of concern)

3
Potential Changes to Consultation Process

• Services issued Proposed Counterpart Regulations
  (comment period closed April 16th)
• Services ability to do so based in large measure
  on their endorsement of our risk assessment
  processes

4
Potential Changes to Consultation Process

• To gain endorsement, EPA agreed to modify
• Use of Ecotox for public literature searches
• Review of pesticides for both direct and indirect
  effects to listed species

5
Potential Changes to Consultation Process

• Proposed changes assume an Alternative
  Consultation Agreement is in effect
• Explains how we will work with one another
• Provides for cross training of staff
• Provides for Services oversight

6
Potential Changes to Consultation Process

• Proposed Regulations
• consultation obligations for not likely to
  adversely effect determinations fulfilled,
  without further consultation
• process for early involvement of the Services in
  assessment processes for likely effects

7
Next Steps

• Joint review of public comment beginning
• Finalization of regulations anticipated this year

8
Internal Implementation

• Current focus on assessments is court orders
  related to specific species or pesticides
• Pacific salmonids
• Atrazine
• Barton Springs salamander
• CA red-legged frog

9
Internal Implementation

• Longer term
• Assessments and limitations based on review of
  entire pesticide
• Could result in determinations and PULAs being
  established in use areas for variety of species
• Example, use of pesticide X on corn could have
  limitations in parts of 14 states to address 3
  mammals, 6 birds, and 2 fish species

10
Internal Implementation

• Undertaking workflow analysis and process
  planning
• Goal of completing ES assessments within other
  regulatory review
• Staffing shifts to ensure adequate resources for
  ES reviews
• Exploring tracking and work-planning tools of
  value

11
Internal Implementation

• Cant do everything at once
• New registration
• Reregistration actions
• Registration review
• Backlog of reregistration eligibility
  determinations (REDs)
• Discussing with PPDC, ways to set priorities for
  completing ES work on these bins of pesticides

12
Field Implementation

• Proposed implementation plan December 2002
• Anticipate final by end of calendar year

13
Field Implementation

• Products requiring use modifications will be
  labeled with generic statement
• County-level Bulletins depict geographic area,
  pesticide, and pesticide use limitations (PULAs)
• Use limitations will be enforceable under FIFRA

14
Anticipated Educational Materials

• Web based information on pesticide use limitation
  areas
• Interactive Web based applications
• Species fact sheets

15
Success?

• Measures of success need to be developed for both
  internal and field implementation
• GPRA
• PART
• Good Government

16
Partnerships

• Need to develop effective involvement
  opportunities for critical players
• Need to balance involvement with time frames in
  which work must be accomplished

17
Statistics for Your Amusement

• 600 Pesticide Active Ingredients
• Used to formulate over 1900 pesticide products
• Each product having 1 to potentially 100 uses
• 1200 listed threatened and endangered species
• In one or more of 2000 of the 3000 counties in
  the U.S.

18
Statistics for Your Amusement

• Assume
• typical A.I. has 5 products
• Each with 4 different use sites
• Levels of concern exceeded for 2 groups (mammals
  and fish)
• 3 mammals are in areas of potential use and
• 10 fish are in areas of potential use

19
Statistics for Your Amusement

• 5 products x
• 4 use sites 20 scenarios
• 20 scenarios x
• 3 mammals 60 determinations
• 20 scenarios x
• 10 fish 200 determinations
• THUS could be 260 geographically discrete
  determinations for this one A.I.