Endanger Species Act:

Bay Area Injunction Impact on PMP’s

Darren Van Steenwyk

Final Injunction can be found at: http://www.epa.gov/espp/litstatus/stip

ulated-injuc.html

Species Affected

Not the specific species listed as much as the habitats

Affected Counties

Affected Active Ingredients

• Insecticides

– Pyrethroids:Beta-cyfluthrin, Bifenthrin, Deltamethrin, Cyfluthrin, Cypermethrin, Cyhalothrin, Esfenvalerate, Lambda-Cyhalothrin, Permethrin, Resmethrin

– Fipronil

– Imidacloprid

– Methoprene

Affected Active Ingredients

• Rodenticides

– Brodifacoum,Bromadiolone, Bromethalin, Chlorophacinone, Cholecalciferol, Diphacinone, Difenacoum, Difethialone, Strychnine,Warfarin, Zinc Phosphide

• Fumigants

– Aluminum Phosphide, Magnesium Phosphide, Methyl Bromide

Restrictions

• Depends on the species in a given area

• Specific active ingredients are identified and are associated with certain species

• Buffer zones around applicable habitat of each species that is described in the injunction

Buffer Zones

• The specific buffer zone will depend on the species and the applicable habitat described in the injunction

• Most buffer zones are within 100’ of applicable habitat (if product is applied by ground)

• Other buffer zones vary from 200’, 300’, 400’ or up to 700’

Identification of Habitat

• The applicator must make identification of the endangered species and/or their habitat

within the shaded area on a web based mapper to determine if the address or

location has specific pesticide use restrictions

•

Zoom in = Pink Polygons

When a specific grid or area is clicked on, it will become highlighted and

identify which species is in that area. • The map will also show which products are

affected in that highlighted area

This link will provide more information on the restrictions within that habitat

and provide a printable map of this

shaded area on the screen

This will show what the applicable habitats are and what the buffer zones will be with which active

ingredient

The buffer zones are limited to the areas around the applicable

habitat within the borders of the shaded blocks on the map

Not all grids/shapes have the same restrictions, even next to each other. It depends on the species identified in each shaded area

The map provides an option for a view that shows landscapes and environmental conditions

Mapper System

• Good if at computer; in field too complicated

– Need to translate info to tech before they get to account

– Can be complicated if not familiar with it

• But may need to do field evaluation by tech to determine if habitat is present

Exceptions/Exemptions to the use restrictions in the Injunction

• Public Health Vector Control

• Invasive Species & Noxious Weed Programs

• Indoor uses of pesticides

• Homeowner applications to household potted plants

• Use of pesticides in flea & tick collars

Exceptions/Exemptions (Cont’d)

• Use of pesticides for spot treatments of wasp & hornet nests, provided such uses are at least 60 feet from protected habitat areas

• Basal bark application to individual plants

Exceptions/Exemptions (Cont’d)

• Use of rodenticides (except brodifacoum, bromadialone, difenacoum and difethialone) for control or rodents adjacent to residential buildings, apartment buildings, nursing homes, hospitals, or food handling processing or serving establishments.

Exceptions/Exemptions (Cont’d)

• Rodenticide exemption, Provided: – (1) the pesticide/rodenticide is applied by a

certified applicator/Field Rep

– (2) the product is used in a tamper resistant bait station deemed to be a Tier 1 bait station according to the standards described in the “Risk Mitigation for Ten Rodenticides” (EPA May 2008)

– (3) the bait stations are placed within 10 feet of the structure

Exceptions/Exemptions (Cont’d)

• Use of pesticides for subterranean termite control, Provided:

– (1) The pesticide is applied by a certified applicator/Field Rep

– (2) The pesticide is used within 10 feet of the structure being treated.

Lesson:

So many if’s, and’s, but’s

Causes confusion as to where/when a product can be used

Result:

If comply, then change/avoid products

Result:

May have competitive disadvantage if not all PMP’s comply

Enforcement

• Still confusing to PMP’s as to who is responsible

• Local enforcement doesn’t know much about this

• Future of enforcement???