The document discusses the development of the FIFRA Endangered Species Task Force (FESTF) over time. It began in the 1990s to provide location data on endangered species to the EPA. It later worked to develop an integrated management system of species data through partnerships. Recent legal challenges have increased urgency for the FESTF to finalize its data and protections to support pesticide evaluations and assessments on specific active ingredients. The document outlines next steps to submit the completed system to the EPA by March 2005.

1. FESTF Update
Karen Warkentien
CPDA Registration 101
November 6, 2003
COMPLIANCE SERVICES INTERNATIONAL
FIFRA Endangered Species Task Force

2. Developments over Time
• Formative stage (1993-1996)
– EPA wanted location data (crop and
species)
– Location data as implemented were an
unequal conditional requirement
– FESTF was formed to bring equity and a
solution to providing “location data”
– The conundrum, “Data, data everywhere
but not a byte to be found . . .”
COMPLIANCE SERVICES INTERNATIONAL
FIFRA Endangered Species Task Force

3. Developments over Time
• Informative stage (1996-1997)
– EPA got location data (feasibility study)
– FESTF sought sources for providing data
or expert opinion (state database)
– EPA explored internal and stakeholder
opinions
• Phoenix workshop
• TNC proposal
• a CRADA proposed by EPA
COMPLIANCE SERVICES INTERNATIONAL
FIFRA Endangered Species Task Force

4. Developments over Time
• Conformative stage (1998-2002)
– FESTF and EPA agreed in principle to
• An IMS
• A CRADA (species location data)
• A quality test of the IMS
– FESTF launched work on IMS
– PR Notice 2000-2 published
COMPLIANCE SERVICES INTERNATIONAL
FIFRA Endangered Species Task Force

5. Developments over Time
• Reformative stage – phase 1
(2002-2003)
– Lawsuits filed sequentially; threats to
registration and use status hit “home”
– Endangered species reviews in REDs and
registration actions are inconsistent
– FESTF’s appreciation of the
situation communicated to
others
COMPLIANCE SERVICES INTERNATIONAL
FIFRA Endangered Species Task Force

6. Developments over Time
• Reformative stage – phase 2 (2003)
– Consultations under consent decree
– Defending products in litigation
– FESTF need to abandon CRADA and
directly deal with NatureServe
– Federal Register Notice on ESPP
– Federal Register Notice on ANPR
– More lawsuits and threats of interim
measures
COMPLIANCE SERVICES INTERNATIONAL
FIFRA Endangered Species Task Force

7. Bringing Focus
• Meetings with Adam Sharp and
announcement of needs
– Equity
– Uniform and formal data requirements
– Assurance that IMS will be a part of the
ESPP and new rule process
• Positive but informal feedback from
EPA
• Resumption of momentum
COMPLIANCE SERVICES INTERNATIONAL
FIFRA Endangered Species Task Force

8. FESTF Deliverables and the Overall Risk
Assessment Process
• Overall RA process will be in new rule
– Expected to include use of FESTF data
• FESTF deliverables must be fully
functional to support ES assessments
on an AI basis
– FESTF case studies
– Feedback from companies now performing
ES assessments
COMPLIANCE SERVICES INTERNATIONAL
FIFRA Endangered Species Task Force

9. The Role and Importance of NatureServe
Data
• NatureServe data are best available and
therefore “trump” EPA/FWS data
– Exclusions can be developed
– Protections can be developed
• P/Es are critical for AI-specific ES
assessments
– Without P/Es, more AI-specific mitigation is
necessary
– With P/Es developed “now,” more consistency is
likely
COMPLIANCE SERVICES INTERNATIONAL
FIFRA Endangered Species Task Force

10. Final Path toward Submission
• An IMS that functions within an AI-
specific ES assessment
• A consistent set of protections and
exclusions to make ES assessments
less burdensome
– Species location data (NatureServe)
– Species/location-specific protections
COMPLIANCE SERVICES INTERNATIONAL
FIFRA Endangered Species Task Force

11. Summary of October PPDC Meeting
• Triggers for endangered species data
requirements were discussed.
– EPA explains the option of joining the FESTF or
developing individual data.
• It is expected that a PR Notice or some
modified version of a DCI will further outline
data requirements.
• At some point in the future, 40 CFR Part 158
test requirements are expected to include
data requirements for endangered species.
COMPLIANCE SERVICES INTERNATIONAL
FIFRA Endangered Species Task Force

12. The Timeline and Tasks We Face
• Submission date, March 2005 with no
options for further extensions
• NatureServe 36 month access period
after submission
• Endangered species data requirements
met
COMPLIANCE SERVICES INTERNATIONAL
FIFRA Endangered Species Task Force