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# [Northwest Environmental Defense Center]{.smallcaps}

**10015 S.W. Terwilliger Blvd., Portland, Oregon 97219**

## Phone: (503) 768-6673 Fax: (503) 768-6671

# www.nedc.org

Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P)

Environmental Protection Agency

1200 Pennsylvania Ave., NW.

Washington, DC 20460-0001

October 11, 2007

Re: Docket ID Number EPA-HQ-OPP-2007-0884

FR Doc. E7-17769 Filed 9-11-07

Notice of Receipt of an application, 264-EUP-RUG, from Bayer Crop
Sciences requesting an experimental use permit (EUP) for the Bacillus
thuringiensis Cry2Ae insect control protein (vector pTEM12) in cotton

To Whom It May Concern:

We are submitting these comments on behalf of the Northwest
Environmental Defense Center (NEDC) in response to the Environmental
Protection Agency's (EPA) Notice of Receipt of an application,
264-EUP-RUG, from Bayer Crop Sciences requesting an experimental use
permit (EUP) for the Bacillus thuringiensis Cry2Ae insect control
protein (vector pTEM12) in cotton.

This EUP should not be granted. On October 9, 2007, the journal
Proceedings of the National Academies of Sciences published a study
titled "Toxins in transgenic crops byproducts may affect headwater
stream ecosystems." (Available at
http://www.pnas.org/cgi/content/full/104/41/16204, last visited
10/11/07). This document revealed that corn genetically engineered to
contain the Cry1Ab protein (Bt corn) contains toxins which reduce growth
and increase mortality of nontarget insects in headwaters streams. While
this EUP request is for Bt cotton genetically engineered with slightly
different proteins, the findings of this study indicate that the growth
of a Bt crop may have serious ecological consequences for streams. This
new science should be considered in determining that this EUP should not
be granted.

Inevitably, materials from any crop will find their way into local
waterways. The decomposition of plant litter is an important source of
food for many stream insects. While the Bt protein targets lepidopteran
pests, there has been no previous research on the effects of Bt toxins
on the lepidopteran's close relative, trichopterans (caddisflies) which
are common in streams and provide an important food source in the stream
ecosystem. This research indicates that trichopterans may experience
reduced growth and other serious harms as a result of consuming the Bt
endotoxin in crop byproducts.

Bayer's proposed action may result in cotton litter reaching streams in
proposed states of Mississippi, North Carolina, South Carolina,
Tennessee, and Texas. These streams may contain threatened or endangered
species, protected under the Endangered Species Act, which would be
harmed by a reduction in trichopteran populations. EPA should consider
this possibility in determining that it should not grant this EUP.
Streams in highly agricultural areas suffer significant stresses and the
addition of a new Bt toxin in the waters may have negative or even
irreversible consequences for the entire stream.

In light of these newly published findings, EPA should conduct further
research into the potential harms of Bt crops on nontarget insect
populations. Unless it is determined that Bt cotton toxins will not harm
trichopterans populations, further EUPs should not be granted for this
potentially harmful crop.

Thank you for allowing NEDC to comment on this important issue. Please
keep us informed on the status of this application. If you have any
questions, please contact Lori Ann Burd at loriann@lclark.edu.

Sincerely,

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### Lori Ann Burd

NEDC Student Staff Member

Katie Edwards

NEDC Student Volunteer

Dona Hippert

NEDC Attorney Board Member