A buffer between fish and pesticides

Fruit growers using three pesticides must observe larger buffer zones to keep the products from reaching streams and damaging fish, a federal agency said Tuesday.

NOAA Fisheries concluded the three products pose a risk to 27 species of salmon and steelhead in the West that are listed under the Endangered Species Act. In the Yakima Valley, steelhead trout are listed as threatened.

The products include diazinon, malathion and chlorpyrifos. All are used by apple or cherry growers to fight pests.

"We are happy to get to this point," said Jim Lecky, director of protected resources for NOAA Fisheries Service. "It is a big step forward for conserving salmon and improving water quality on the Pacific Coast."

Agriculture industry representatives immediately challenged the decision, adding they fear it overstates the threat as well as the usage of these products.

Heather Hansen, executive director of the trade group Washington Friends of Farms and Forests, said the decision could have a devastating effect on growers depending on how close their orchards are to streams.

"The most frustrating thing is we have two federal government agencies that have a long history of not cooperating or communicating with each other," she said. "Growers are getting stuck in the middle."

But Lecky countered, saying the agency used the best available science to reach its conclusion. The decision is called a biological opinion to the Environmental Protection Agency, which is responsible for setting tolerances and other restrictions on use of chemicals.

The opinion is the result of a lawsuit filed by environmental groups and salmon fishermen over the EPA's failure to consult with fish agencies on impacts to listed fish. Consultation is a requirement of the Endangered Species Act when actions by federal agencies impact listed fish.

A subsequent lawsuit over delays in completing the consultation and issuing the opinion resulted in a settlement that led to Tuesday's announcement.

EPA will have a period of time to decide whether to enforce the opinion, or risk another lawsuit.

"This has been a really long and frustrating process," said Joshua Osborne-Klein of Seattle, an attorney for EarthJustice, one of the groups that brought the lawsuits. "This is a major step forward to get pesticides out of water and protect salmon and other wildlife."

According to NOAA Fisheries, the presence of even small concentrations of chemicals hinder growth of salmon by impairing their ability to smell prey and reduce their food sources. The products also slow the ability of fish to swim, making it harder for them to reach spawning streams. At high concentrations, the products are lethal, the agency said.

The decision on the three chemicals is the first involving a total of 37 pesticides that will be issued over the next four years.

NOAA Fisheries concluded that to protect salmon, the buffer zone for aerial application should be extended to 1,000 feet and 500 feet for ground application.

In addition, grassy strips along streams that are 20 feet wide would be required to absorb runoff before it reaches a stream.

Current buffers, Lecky said, are 200 feet for aerial use and 100 feet for products sprayed from the ground.

Mike Willett, vice president of scientific affairs for the Yakima-based Northwest Horticultural Council, said chlorpyrifos, also known as Lorsban, was used on 58 percent of the state apple acreage in 2005 prior to bloom to control several pests.

Diazinon was used on 5 percent of the apple acreage, while malathion was used on 17 percent of the state cherry crop to control cherry fruit fly.

Willett said he, too, is concerned the agency lacks up-to-date information on which to make a decision. He said he reviewed a draft of the opinion, not the final version.

"One of the big questions in their draft were the use of old data and making assumptions based on old information," Willett said.

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