The release of the three Organophosphate (and pending Carbamate) national scale endangered species assessments have presented new challenges to the USEPA, NMFS, and USFWS. The Biological Evaluations have identified most species as likely to be adversely affected causing extensive and costly Biological Opinions to be generated. These assessments are designed to determine relative potential risk to each species not of the actual impacts to the species, which is what the USFWS and NMFS must evaluate in Endangered Species Act (ESA) Section 7 consultations. A collaborative process is needed to develop a metric for actual impacts resulting from chemical applications taking place within the “best available information” known habitat ranges of listed species so that the Section 7 consultations can be concluded. When impacts are determined the conservation offsets for those residual, unavoidable impacts, can be included in the authorized permit.  Industry and the evaluating agencies can protect species populations and promote species recovery simultaneously, while simultaneously assuring agricultural production and food security needs. In some cases, localized use restrictions, buffers, and reduced rates (minimization and avoidance actions) may offer the needed protections for a specific species population. In other cases, conservation offsets, of a similar spatial and temporal nature to the authorized take may meet both needs of species protection and the agricultural use of crop protection products.  This presentation will focus on the transfer of extensive experience in leveraging national compensatory mitigation strategies (Clean Water Act Section 404, Endangered Species Act Sections 7 & 10) to mitigate the effect of a permitted action. Through the offsets incorporated in permit authorization, regulatory requirements are met, crop protection products are available for approved usage, and species protection and recovery are addressed. The national and broad potential product application footprint offers challenges, but solutions may be found if all parties involved use creativity and tested approaches to holistically link the species impacts to recovery plans. The effect is to better leverage both the ESA and EPA authorization processes, resulting in improved endangered species viabilities (less listings, increased recoveries) and national scale pesticide risk assessments that are more practically linked to the landscape.

Leveraging national compensatory mitigation conservation offset strategies to proactively address endangered species section 7 authorized take of residual, unavoidable impacts permitted within national scale pesticide biological opinions

2019 Fall National Meeting

The official archive and repository for all ACS Meetings & Expositions abstracts and select posters or presentations.