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THE ENDANGERED SPECIES ACT: HOW IT IS GOING TO CHANGE HOW WE CARE FOR LANDSCAPES AND HAWAII'S LEADING ROLE

Posted on Nov. 7, 2024  /  Best Practices, Plant Pests  /  Subscribe 0

By: Matt Lyum

Bob Mann, the Senior Director of Technical and Regulatory Affairs for the National Association of Landscape Professionals (NALP), made his first-ever trip to Hawaii to be the keynote speaker at this year’s LICH conference.

The EPA’s pesticide evaluation program is under fire for not fully following the requirements of the Endangered Species Act (ESA).  There are many federal laws the EPA needs to follow to manage pesticide approvals including; the Federal Insecticide Fungicide and Rodenticide Act, the Federal Food, Drug, and Cosmetic Act, the Food Quality Protection Act, the Pesticide Registration Improvement Act, AND finally, the ESA.

Several environmental groups have successfully sued the EPA for not consulting the “Services” to predict if a pesticide is likely to Jeopardize the existence of an endangered species, or destroy or Adversely Modify their critical habitat.  This is called the J/AM determination.  The “Services” specifically are the U.S. Fish and Wildlife Service and the Department and the National Marine Fisheries Service.

With over 15,000 pesticides in active use, the EPA is now under the gun to review them again utilizing opinions from the “Services”.  Unfortunately, there are many problems with this.

Staffing.

With thousands of pesticides to evaluate, and only 12 USFW employees to evaluate them, to say this is a daunting task is an understatement.

Figure 1. Bob Mann educating USFW at a workshop

Modeling

The pesticide evaluation model looks at the agricultural applications of pesticides.  This is with high-volume equipment, sprayed with high pressures in large open areas.  This has a much bigger effect on the off-target environment than the landscape or golf industry which is using low-volume sprayers in much more localized applications.

Figures 2-3. Agricultural Pesticide Spraying vs. Landscape Spot Spraying     

A New Strategy

Since ESA compliance is the main issue of concern, and 40% of the 1,600 endangered species in the United States are in Hawaii, the EPA targeted Hawaii as the proving ground for a new strategy.  The EPA, the “Services”, the lawsuit plaintiffs, and other stakeholders met in Hawaii this year to develop a framework for reducing the pesticide application risks to endangered species populations.

Figure 4. The EPA intends to use the Hawaii Strategy and Framework to inform ESA mitigations in future registration decisions both here and on the mainland.

What can the Landscape Industry Do?

We need to be proactive and show the EPA and Services that we have thoughtful guidelines, and that we train and police our industry.  Former LICH President, Chris Dacus, had the forethought to create a Best Practices Manual for the DOT back in 2011.   LICH organizational member, the Hawaii Golf Course Superintendent’s Association also came up with a BMP manual recently.

Figure 5. Best Practices Manual for the DOT created by Chris Dacus in 2011. 

Figure 6. Best Management Practices (BMP) created by the Hawaii Golf Course Superintendent’s Association.

As Bob said, “Business as usual is over”.  If we don’t get ahead of this, our toolbox could have many useful tools removed right when we need them more than ever to fight CRB, LFA, and whatever new invasive species are establishing in Hawaii as we speak.  We can collaborate in this fight with allies at the Farm Bureau, GCSAA, ASLA, U.H., and other industry and government groups.  But we need to take control of our destiny.  And maybe Hawaii can be a leading example in the nation for a change.

Matt Lyum, Founder of Performance Landscapes and ECS Environmental.  Lyum holds a Restricted Use Pesticide Applicator Certificate, a is a Landscape Contractor RME. He is a member of the Hawaii State Farm Bureau, and the Governor’s Advisory Committee on Pesticides.  He graduated from Punahou School and has a Bachelor of Science Degree from the University of Washington. 

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