May 27, 2002 Public Information and Records Integrity Branch Information Resources and Services Division Office of Pesticide Programs Environmental Protection Agency 1200 Pennsylvania Avenue NW Washington, D.C. 20460 Docket Number: OPP-2002-0056 Re: Effects of Pesticides to Endangered Species and Their Habitat The California Native Plant Society (CNPS) is a nonprofit organization of nearly 10,000 amateurs and professionals dedicated to the preservation of Californias diverse native flora. CNPS conducts a variety of conservation efforts focused on long-term protection and preservation of native flora in its natural habitat. The Society has been assessing the status of rare plant species for over 30 years, and is the foremost non-governmental organization working to protect rare, threatened, and endangered plants in California. CNPS strongly supports implementation of the EPAs settlement regarding effects of pesticides to endangered species and their habitats as it is currently written. It is imperative that the EPA prioritize the chemicals and their uses that are the most likely to harm endangered species. The best available science indicates that many registered pesticides are likely to cause negative impacts to endangered species even when used lawfully. CNPS is particularly concerned that rare plants are not adequately protected from direct or cumulative significant impacts related to herbicide use on timberlands, both private and public. On private timberlands, sensitive plant species as defined by the California Environmental Quality Act (CEQA) are given buffer zones intended to protect the plants from impacts due to timber harvest operations. However, the California Department of Forestry does not require that project proponents consider the potential impacts from herbicide applications associated with timber harvest plans. Therefore, rare plants are not protected during subsequent forestry herbicide applications. In the redwood region in the northwestern California, known rare plant occurrences have been sprayed with herbicides even though state law protects them from impacts during timber harvest. CNPS believes that the widespread use of forestry herbicides poses a significant threat to rare plant populations in the states timber-producing regions. Enforcement personnel of the county agriculture departmentsconsidered the lead agencies for pesticide regulation under California lawhave stated that they have never consulted with any agency regarding potential impacts of pesticides to rare, threatened and endangered species. In addition to direct impacts, there is evidence that cumulative impacts of forestry herbicides can have dire effects on rare plants. For example, the best available scientific evidence indicates that sulfonylurea herbicides such as sulfometuron methyl cause significant reductions in fruit and seed production in a variety of plant species, even at 1000 times lower than the recommended application rate.1 Current EPA registration requirements do not include testing for reproductive effects, yet more than 230 formulations containing these chemicals had been registered by 1987.2 Reproductive damage to rare plant populations could severely threaten rare and endangered species long-term survival. In addition to direct and cumulative impacts to rare plant species, pesticide use constitutes a significant threat to pollinators of rare plants.3 Research has shown that pesticide damage to native pollinatorseither from direct exposure or from foraging on comtaminated plants can cause significant reductions in seed set.4 Pesticide use in rangelands and agricultural regions also threatens rare plant survival by reducing pollinator populations.5 Protecting endangered species from direct and cumulative impacts of pesticides is necessary to protect the unique flora of California. CNPS believes that this settlement, as currently written, will be a tremendous and necessary improvement in protecting endangered species from pesticides. As the foremost organization concerned with the conservation of the California flora, we implore the Environmental Protection Agency to ensure that proper and lawful recognition is given to the wise management of our unique and precious natural heritage. Sincerely, Greg Jirak Forest Issues Coordinator Cc: Steve Williams, Director, U.S. Fish & Wildlife Service Paul Helliker, Director, California Department of Pesticide Regulation Patty Clary, Californians for Alternatives to Toxics Cynthia Elkins, Environmental Protection and Information Center Ken Miller, Humboldt Watershed Council 1 Fletcher, J. S., T. G. Pfleeger, H. C. Ratsch, and R. Hayes. 1996. Potential impact of low levels of chlorsulfuron and other herbicides on growth and yield of nontarget plants. Environmental Toxicology and Chemistry. 15: 1189-1196. 2 Pfleeger, T., J. Fletcher, and H. Ratsch. 1992. Effects of Glean, a sulfonylurea herbicide, on the reproductive biology and fruit set in cherry trees. Progress Report to the EPA Region X. EPA/600/R-92/020. 3 Spira, T. P. 2001. Plant-pollinator interactions: A threatened mutualism with implications for the ecology and management of rare plants. Natural Areas Journal. 21: 78-88. 4 Thomson, J.D., R.C. Plowright, and G.R. Thaler. 1985. Matacil insecticide spraying, pollinator mortality, and plant fecundity in New Brunswick forests. Canadian Journal of Botany. 63: 2056-2061. 5 Sipes, S.D. and V.J. Tepedino. 1995. Reproductive biology of the rare orchid, Spiranthes diluvialis: Breeding system, pollination, and implications for conservation. Conservation Biology: 9: 929-938.