U.S. EPA Reinstates No-Spray Buffer Zones – Final Settlement Agreement for Endangered Species Case – Northwest Center for Alternative to Pesticides V. EPA
This is to inform you that effective August 15, 2014, the U.S. Environmental Protection Agency (EPA) reinstated “streamside no-spray buffer zones” to protect endangered or threatened Pacific salmon and steelhead in California, Oregon and Washington State. These buffer zones were originally established in prior litigation brought against EPA by the Washington Toxics Coalition (WTC) and others and violations of the buffer zones can only be enforced by bringing an action to enforce the court order. To view the official EPA decision entitled, “Endangered Species Case – Northwest Center for Alternatives to Pesticides v. EPA”, go to https://www.epa.gov/oppfead1/endanger/litstatus/ncap-v-epa.html.
The streamside no-spray buffer zones are 20 yards (60 feet) for ground pesticide applications and 100 yards (300 feet) for aerial pesticide applications, and apply to carbaryl, chlorpyrifos, diazinon, malathion and methomyl.
To view maps that show salmon supporting waters, go to EPA’s “Salmon Mapper” website https://www2.epa.gov/endangered-species/salmon-mapper. The site is intended to assist pesticide users’ in understanding pesticide use limitations which apply to specific waters and specific pesticide uses in California.
Under the Endangered Species Act, EPA must ensure that its registration of a pesticide will not result in likely jeopardy to the continued existence of federally listed threatened or endangered species or destroy or adversely modify their designated critical habitat. In addition, the EPA must consult, as appropriate, with the U.S. Fish and Wildlife Service or National Marine Fisheries Service (NMFS) if a pesticide’s use may affect listed species or designated critical habitat.
The no-spray buffer zones will remain in effect until EPA implements any necessary protections for Pacific salmon and steelhead based on reinitiated consultations with the NMFS. These re-initiated consultations will be nationwide in scope and based on the recommendations of a National Academy of Sciences (NAS) report. The reinstated buffer zones are part of the final court order; however, they will not be included as labeling requirements under Federal Insecticide, Fungicide, and Rodenticide Act.
Under the settlement agreement, are two relevant use exemptions carried over from the WTC case:
- Public health vector control administered by public entities, such as the use of malathion by local governments for mosquito control;
- NMFS authorized programs (i.e., where a NMFS finding or permit allows use within the buffers).
Please note that the requirement for a 100 yard (300 foot) no-spray buffer zone for aerial applications is more restrictive than California Code of Regulations (3CCR) section 6960(b)(2) – Dormant Insecticide Contamination Prevention regulation requiring that aerial applications shall not be made within 100 feet of any sensitive aquatic site. This is the only conflict found between the settlement no-spray buffer zone requirements and Department of Pesticide Regulation pesticide regulations. Applying a pesticide in violation of the more restrictive 300-foot buffer zone is not a label violation and cannot be enforced by the county agricultural commissioner.
If you have any questions concerning the no-spray buffer zone requirements, please contact the Enforcement Branch Liaison assigned to your county.
Sincerely,