Tag Archives: Endangered Species Act

New Endagered Species Proposed by USFWS

December 2024 FloridAgriculture eNewsletter

The U.S. Fish and Wildlife Service (USFWS) is proposing to list the Black Creek crayfish (Procambarus pictus), a crayfish species from Florida, as an endangered species under the Endangered Species Act of 1973. USFWS also proposes to designate critical habitat for the Black Creek crayfish under the Act. In total, approximately 656 miles of streams in Clay, Duval, Putnam, and St. Johns Counties, Florida, fall within the boundaries of the proposed critical habitat designation. If this rule is finalized as proposed, it would extend the Act’s protections to this species and its designated critical habitat. USFWS will also announce the availability of an economic analysis of the proposed critical habitat designation for the Black Creek crayfish. In reviewing the proposed listing, the major threat to this species is resulting from competition from the white tubercled crayfish (which is not native to Florida).

When designating critical habitat, USFWS assesses whether the specific areas within the geographical area occupied by the species at the time of listing contain features which are essential to the conservation of the species and which may require special management considerations or protection. The features essential to the conservation of the Black Creek crayfish may require special management considerations/protection to reduce the effects from the following threats: Impacts from nonindigenous and invading species, including the white tubercled crayfish; impacts from disease; nutrient pollution from agricultural activities that impact water quantity and quality; significant alteration of water quantity, including water withdrawals; and other watershed and floodplain disturbances, such as development and extractive land uses that release sediments or nutrients into the water.

Management activities that could ameliorate these threats include, but are not limited to: control and removal of introduced and invading species; use of BMPs designed to reduce sedimentation, erosion, and bank side destruction; protection of riparian corridors and retention of sufficient canopy cover along banks; moderation of surface and ground water withdrawals to maintain natural flow regimes; and reduction of other watershed and floodplain disturbances that release sediments, pollutants, or nutrients into the water.

Florida Farm Bureau Federation staff scheduled an unofficial, informational meeting with USFWS and Farm Bureau members. Staff will continue to work with USFWS on this and future proposed listing to inform them of potential impacts to agricultural operations and the unintended consequences associated with their actions.

EPA Announced Final Insecticide Strategy

October 2024 FloridAgriculture eNewsletter

The United States Environmental Protection Agency (EPA) published the Draft Insecticide Strategy (“Insecticide Strategy”) which outlines the changes that growers may need to implement on their farms to be in compliance with insecticide labels.

In 2022, the EPA was found in violation of their consultation process regarding the Endangered Species Act (ESA) and the Federal Fungicide, Insecticide, and Rodenticide Act (FIFRA). Due to this, the EPA will be releasing a series of frameworks to address registration and labeling of herbicides, insecticides, rodenticides, and fungicides. The Insecticide Strategy is the second of four strategy frameworks aimed to minimize ecological impacts on federally endangered and threatened (listed) species and their critical habitats.

Similar to the Final Herbicide Strategy, the Insecticide Strategy proposes the mitigation or efficacy points that a grower may need to gain through a “mitigation menu” of approved practices to be in compliance with an insecticide label. Furthermore, the Strategy identifies Pesticide Use Limitation Areas (PULAs), where growers will be subject to earn an even greater number of points due to their potential increased vulnerability to impacting endangered and threatened species through run-off, erosion, and spray drift.

A copy of Florida Farm Bureau Federation’s comments to the EPA regarding the Draft Insecticide Strategy can be found here. Please contact Maddie Campbell with any questions or concerns.

EPA Announced Final Herbicide Strategy

October 2024 FloridAgriculture eNewsletter

The United States Environmental Protection Agency (EPA) published the Final Herbicide Strategy Framework (“Herbicide Strategy”) which outlines the changes that growers may need to implement on their farms to be in compliance with herbicide labels.

In 2022, the EPA was found in violation of their consultation process regarding the Endangered Species Act (ESA) and the Federal Fungicide, Insecticide, and Rodenticide Act (FIFRA). Due to this, the EPA will be releasing a series of frameworks to address registration and labeling of herbicides, insecticides, rodenticides, and fungicides. The Herbicide Strategy is the first of its kind aimed to minimize ecological impacts on federally endangered and threatened (listed) species and their critical habitats.

The Herbicide Strategy proposes the mitigation or efficacy points that a grower may need to gain through a “mitigation menu” of approved practices to be in compliance with an herbicide label. Furthermore, the Strategy identifies Pesticide Use Limitation Areas (PULAs), where growers will be subject to earn an even greater number of points due to their potential increased vulnerability to impacting endangered and threatened species through run-off, erosion, and spray drift.

To access the Final Herbicide Strategy issue brief, click here. Please contact Maddie Campbell with any questions or concerns.

Federal Judge Vacates Florida’s 404 Permitting Authority

May 2024 FloridAgriculture e-Newsletter

On February 15, 2024, the U.S. District Court for the District of Columbia issued an order that nullified the U.S. Environmental Protection Agency’s (EPA) approval of Florida’s application to take over permitting authority from the U.S. Army Corps of Engineers (USACE) under Section 404 of the Clean Water Act (CWA) within the state. The court’s decision was based on allegations that the federal defendants violated the Administrative Procedure Act (APA) and the Endangered Species Act (ESA) during the approval process, which occurred in the final days of the Trump administration.

Under the ESA, any action that might harm endangered species requires consultation with the U.S. Fish and Wildlife Service (FWS) to ensure the action does not jeopardize the species’ existence. When Florida assumed the 404-permitting program, there was no clear process for ESA consultation. To address this, the EPA and FWS conducted a programmatic consultation resulting in a biological opinion (BiOp) and incidental take statement (ITS) meant to protect future permittees from ESA liability.

However, the court found this process deficient, particularly because it lacked species-specific analysis and numerical take limits as well as determined that the technical assistance process proposed by the defendants was not a lawful substitute for ESA procedures. Consequently, the court ordered the vacating of EPA’s approval of Florida’s assumption application, effectively reverting permitting authority to USACE until further resolution.

The ruling would affect pending and future permits, significantly impacting Florida’s environmental regulation landscape. The court acknowledged potential disruption but emphasized the importance of complying with ESA requirements. It was uncertain how state and federal agencies would respond, but the decision underscores the complexity and sensitivity of environmental permitting processes, especially concerning endangered species protection.

On February 26, shortly after the Court ruled to vacate Florida’s permitting authority, the Florida Department of Environmental Protection (FDEP) filed a motion for a partial stay, which would allow for the state to process the 1,500 permits without an ESA designation. Of those permits, around 90% would be allowed if the stay was granted and could move forward through FDEP. The preceding judge called for a conference regarding the issue on April 4th in Washington D.C., and on April 12th, Judge Randolph Moss issued an order to deny FDEP’s motion for a stay. As a result, Florida quickly launched an appeal to challenge the decision by U.S. District Judge Moss at the U.S. Circuit Court of Appeals for the District of Columbia. It is uncertain whether FDEP will regain authority to issue 404 permits again, but in the meantime, all pending and future 404 permits will be processed by USACE.

EPA cancels labels for Chlorpyrifos, Diazinon, and Malathion under the Endangered Species Act

May 2024 FloridAgriculture e-Newsletter

On April 2, the U.S. Environmental Protection Agency (EPA) announced changes to the pesticide labeling requirements of chlorpyrifos, diazinon, and malathion. Additionally, the EPA committed to issuing Endangered Species Protection Bulletins that set geographic limitations for these organophosphate insecticides, which will be available on Bulletins Live! Two.

Chlorpyrifos, diazinon, and malathion are commonly used to control foliage and soil insect pests. Pesticide products containing chlorpyrifos are registered for use in agricultural crops and on nonfood uses, such as ornamental plants, golf course turf, and as wood treatment. Diazinon is used on a variety of specialty crops and in cattle ear tags to control flies. There are no residential uses of chlorpyrifos or diazinon. Malathion is used in the production of a wide variety of food and feed crops to control many types of insects such as aphids, leafhoppers, and Japanese beetles, by home gardeners for outdoor residential uses, and for controlling mosquitos.

Bulletins for all three pesticides include restrictions on when to apply and restrictions on tank mixing. There are additional restrictions for the chemistries pertaining to run-off and drift, found here. Amended label guidance will be included in the next printing of product labels, with a 12-month existing stock provision. EPA requested and National Marines Fisheries Service (NMFS) granted an extension until August 2024 to implement the biological opinion (BiOp) with updates for labels with food uses. This will allow the EPA time to cancel all food uses except for the 11 food crops specified previously in EPA’s 2020 Chlorpyrifos Proposed Interim Decision (PID) (alfalfa, apple, asparagus, cherry (tart), citrus, cotton, peach, soybean, strawberry, sugar beet, and wheat (spring and winter)).

For further information or questions, please contact Florida Farm Bureau’s Ag Policy Department.