Tag Archives: FloridAgriculture e-Newsletter

FDACS Encourages Indian River Lagoon Farms to Enroll in BMPs

May 2024 FloridAgriculture e-Newsletter

The Florida Department of Environmental Protection (FDEP) monitors all major water bodies in the state of Florida for nutrient levels and potential pollutants.

If a water body is considered impaired, the whole watershed is placed into a Basin Management Action Plan (BMAP).

A BMAP is a framework for water quality restoration that contains local and state commitments to reduce pollutant loading through current and future projects and strategies. BMAPs contain a comprehensive set of solutions, such as permit limits on wastewater facilities, urban and agricultural best management practices (BMPs), and conservation programs designed to achieve pollutant reductions established by a total maximum daily load (TMDL). BMAPs are adopted by Florida Department of Environmental Protection Secretarial Order and are legally enforceable.

All land uses within the BMAP boundary have nutrient loading associated with and assigned to them. All land uses have steps and requirements within the BMAP to reduce nutrient loading into the water body.

For agricultural lands, the Florida Department of Agriculture and Consumer Services (FDACS) Office of Agricultural Water Policy (OAWP) implements the Best Management Practices (BMP) Program statewide. For agricultural properties that lie within the boundaries of a BMAP, either enrollment in the BMP Program or onsite water quality monitoring with FDEP is required.

For landowners who are enrolled in the FDACS BMP Program, and properly implementing best management practices, they are granted a “presumption of compliance” with state water quality standards.

For the past few years, OAWP has been in the process of sending letters to landowners of agricultural properties within BMAPs that are not currently enrolled in the BMP Program to encourage them to enroll. FDACS first started sending these letters out in the Lake Okeechobee Basin by sub watershed. They have completed that mailout effort and are now moving on to the Indian River Lagoon (IRL) BMAP area.

The IRL BMAP encompasses northeastern St. Lucie County, eastern Indian River County, eastern Brevard County, and a small portion of southeastern Volusia County.

FDACS is currently using a contractor, Carr, Riggs & Ingram, LLC (CRI), to facilitate sending out and responding to letters for unenrolled landowners in the IRL BMAP.  Specifically, these letters will be addressed to landowners owning parcels in the IRL BMAP area that have both an ag tax property use code and an ag tax valuation, based on information from the property appraiser’s websites, who are not enrolled in the FDACS BMP program.

CRI will be handling all the responses from the mailout and will be working with respondents to determine if they need to be enrolled in the FDACS BMP program. Once that is determined, FDACS will be contacting the respondents to schedule a time that is convenient for the landowner/producer for a site visit to enroll the property in the BMP Program.

FDACS has stated that the best course of action would be to respond using the postcard provided via mail (an envelope will also be provided with the letter) or via emailing the postcard to [email protected].

If an agricultural property is within the boundaries of a BMAP, the landowner can either enroll in the FDACS BMP Program or monitor their own water quality at their own expense and report that data to FDEP, which can be exorbitantly time consuming and expensive.

If a landowner does not consider themselves bona fide agriculture but is utilizing agricultural tax property use code and valuation, they can contact the county property appraiser via letter or email to remove their greenbelt status and copy FDACS and FDEP on the correspondence to remain out of the FDACS BMP Program and prevent the need for water quality monitoring.

After responding to the letter, an FDACS OAWP Field Staff Representative will contact you to schedule a time to visit your agricultural property. Once on site, the representative will request a short tour of your operation and go through the applicable BMP Manual and BMP Checklist with you, noting which BMPs are applicable and should be implemented. You will then sign a Notice of Intent to Implement (NOI) to complete your enrollment in the BMP Program. Once enrolled in the BMP Program, the landowner or farmer/rancher is required to maintain records of soil tests and nutrient application of nitrogen and phosphorus. These application records are to be put into an FDACS provided Nutrient Application Recordkeeping Form (NARF).

After the initial enrollment visit, FDACS is required by law to perform Implementation Verification (IV) visits with enrolled properties every two years. During this IV visit, FDACS and the landowner and/or farmer/rancher will review the checklist, the NARF, and any other nutrient application records. Only the NARF with nitrogen and phosphorus application timings and amount will leave the farm with FDACS.

For more information on FDACS BMP Program, click here.

Central Florida Farmers Encouraged to Attend the Landowner Assistant Expo

June 2024 FloridAgriculture e-Newsletter

The Central Florida Regional Planning Council in conjunction with the Highlands Soil and Water Conservation District is hosting a Landowner Assistance Expo on Tuesday, June 11, 2024, from 8:30 a.m. – 2:00 p.m. It will be held at the Bert J. Harris Agricultural Center Auditorium at 4509 George Boulevard, Sebring, FL 33875.

This is a great opportunity for farmers and ranchers in central Florida to network and learn about other potential sources of conservation or income outside of traditional farming practices.

Landowners, regardless of acreage size, in DeSoto, Glades, Hardee, Hendry, Highlands, Okeechobee, Osceola, and Polk Counties are encouraged to attend and participate in conversations related to technical assistance, cost-share opportunities, conservation easements, and the financial implications of each program. Outreach representatives will be on hand to provide brief overviews of local, State, Federal, and non-governmental programs and receive feedback from the attendees.

Lunch will be provided and served by the Highlands Soil and Water Conservation District.

Register here or contact Shiela McNamara for more information at 352-678-7015 or [email protected].

Tomato Suspension Agreement Update

May 2024 FloridAgriculture e-Newsletter

On April 18th, 2024, the U.S. Court of International Trade remanded a 2019 decision to the U.S. Department of Commerce (DOC), which determined Mexican tomatoes were being dumped in the U.S. market. This decision came as a result of a court case filed by a large Mexican tomato exporter.

The TSA was reached in 1996 by the DOC and signatory producers/exporters of fresh tomatoes grown in Mexico to stop the unfair trade practices of Mexican tomato exporters. An investigation conducted by DOC concluded that Mexican tomatoes are being dumped at an average rate of 20.91%. In response to this, the 2019 TSA was established to close the loopholes of the previous suspension agreements, in exchange for suspension of anti-dumping duties against Mexican exporters. However, since the 2019 TSA became effective, the DOC has documented over 100 cases of Mexican companies that are still in violation of this binding, legal agreement. Furthermore, during the 28 years under this agreement, Mexican tomato imports have increased nearly 400 percent, allowing Mexico to dominate the U.S. tomato industry by controlling over 65 percent of the market.

Florida Farm Bureau Federation is dedicated to advocating for the domestic fresh tomato industry and for the termination of the 2019 TSA.

“Application and effective enforcement of the current trade remedy laws, that are feasible for U.S. producers, is the first step toward the development of much need comprehensive policies,” stated Florida Farm Bureau President, Jeb Smith.

It is important to note that this decision will have no effect on the 2019 iteration of the TSA, as it solely determined the DOC should have used a different timeframe to evaluate dumping levels. We can expect the DOC to re-conduct its 2019 dumping investigation by using data from the original 1996 dumping case, rather than the most recent data.

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

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.