IPM West: Western IPM Center Letter about EPA's Pollinator Protection Proposal

To Growers, Beekeepers, and Other Concerned Stakeholders:

EPA is seeking comment on a proposal to adopt mandatory pesticide label restrictions to protect managed bees under contract pollination services from foliar application of pesticides that are acutely toxic to bees on a contact exposure basis. These label restrictions would prohibit applications of pesticide products, which are acutely toxic to bees, during bloom when bees are known to be present under contract. (The proposed label restrictions will not apply to situations where contracted pollination services are not in use.) EPA is also seeking comment on a proposal to rely on efforts made by states and tribes to reduce pesticide exposures through development of locally-based measures, specifically through managed pollinator protection plans. (More Details Below, including proposed label language and an extensive list of affected active ingredients.)

Comments must be received on or before June 29, 2015.

You may provide comments directly to EPA at www.regulations.gov in docket EPA-HQ-OPP-2014-0818. http://www.regulations.gov/#!docketDetail;D=EPA-HQ-OPP-2014-0818

The Western IPM Center is developing a coordinated response for Western states. I will be glad to incorporate into our response any comments, concerns, feedback or relevant data from interested stakeholders. Please forward your comments to me at j jfarrar@ucanr.edu or contact me at 530-750-1271. Individuals may also comment directly on the public docket linked above.

Your input on this important issue affecting agriculture is strongly encouraged! We have requested a 30-day extension of the June 29 deadline, but it is not clear at this time if an extension will be granted. Links to more information are at the bottom of this notice.

Important Considerations (extracted from EPA proposal):

"EPA encourages pollination service contracts established between growers and beekeepers that take into account the increased likelihood of bee colony exposure by including provisions to ensure that colonies will be protected and pollination services secured. If EPA receives evidence during the public comment period and/or through outreach at stakeholder meetings that such contract provisions are common or that there are other effective and mutually agreed upon stakeholder (i.e., beekeeper-to-grower) practices indicating that application of acutely toxic pesticides is not of risk concern for bees under contract, then EPA will consider this evidence in determining whether this scenario needs the mitigation indicated in the proposed language." (From second paragraph on p 11 of the .pdf; last paragraph of section 5.2)

"EPA understands that there are some flowering crops and ornamentals that have an indeterminate period of bloom, i.e., these crops flower, set fruit and continue to flower throughout the year, and that for these crops bees are present under contract for pollination services for extended periods of time. Examples of indeterminate blooming crops which involve commercial pollination services include: cucurbits, strawberries, etc. EPA recognizes that the proposed prohibition on application of acutely toxic pesticides during the time when bees are present under contract may cause significant issues for the growers of these crops. Therefore, EPA requests input during the comment period on alternative mitigation approaches for these pollinator-attractive crops with indeterminate periods of bloom." (From p 14 of the .pdf; Section 6.4, "Indeterminate Bloom")

From EPA's Proposal, here is the proposed Label language:

Appendix B – Proposed Labeling

DIRECTIONS FOR USE

It is a violation of Federal law to use this product in a manner inconsistent with its labeling.

FOR FOLIAR APPLICATIONS OF THIS PRODUCT TO SITES WITH BEES ON-SITE FOR COMMERICAL POLLINATION SERVICES: Foliar application of this product is prohibited from onset of flowering until flowering is complete when bees are on-site under contract, unless the application is made in association with a government-declared public health response. If site-specific pollinator protection/pre-bloom restrictions exist, then those restrictions must also be followed.

From EPA's Proposal, here is the list of active ingredients that are affected by the proposed Label changes:

"Appendix A – List of registered active ingredients that meet the acute toxicity criteria Abamectin	Dicrotophos	Momfluorothrin
Acephate	Dimethoate	Naled
Acetamiprid	Dinotefuran	Oxamyl
Aldicarb	Diuron	Permethrin
Alpha-cypermethrin	D-trans-allethrin	Phenothrin
Amitraz	Emamectin benzoate	Phorate
Arsenic acid	Endosulfan	Phosmet
Azadirachtin	Esfenvalerate	Pirimiphos-methyl
Bensulide	Ethoprop	Prallethrin
Beta-cyfluthrin	Etofenprox	Profenofos
Bifenazate	Fenazaquin	Propoxur
Bifenthrin	Fenitrothion	Pyrethrins
Carbaryl	Fenpropathrin	Pyridaben
Carbofuran	Fipronil	Resmethrin
Chlorethoxyfos	Fluvalinate	Rotenone
Chlorfenapyr	Fosthiazate	Sethoxydim
Chlorpyrifos	Gamma-cyhalothrin	Spinetoram
Chlorpyrifos methyl	Imidacloprid	Spinosad
Clothianidin	Imiprothrin	Sulfoxaflor
Cyantraniliprole	Indoxacarb	Tefluthrin
Cyfluthrin	Lambda-cyhalothrin	Tetrachlorvinphos
Cypermethrin	Malathion	Tetramethrin
Cyphenothrin	Metaflumizone	Thiamethoxam
Deltamethrin	Methiocarb	Tolfenpyrad
Diazinon	Methomyl	Zeta-cypermethrin
Dichlorvos"