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### Draft Guidance

Natural Resources and Biodiversity Conservation

for Certified Organic Operations

1. Purpose and Scope

The general natural resources and biodiversity conservation requirement of the U.S. Department of Agriculture (USDA) organic regulations at 7 C

. F

. R

. § 205.200 requires operations to “maintain or improve the natural resources of the operation, inc luding soil and water quality.”

Section 205.2 of the regulations defines “ n atural resources of the operation” as the “physical, hydrological, and biological features of a production operation, including soil, water, wetlands, woodlands, and wildlife .” [Emphasis added.] “ O rganic production” is defined as a “production

sy stem that is managed to respond to site

- specific conditions by integrating cultural, biological and mechanical practices that foster cycling of resources, promote ecological balance, and conserve biodiversity .” [Emphasis added.]

The preamble to the final rule establishing the NOP explained , “ [t] he use of ‘conserve’ [in the definition of organic production] establishes that the producer must initiate practices to support biodiversity and avoid, to the extent practicable, any activities that would diminish it. Compliance with the requirement to conserve biodiversity requires that a producer incorporate practices in his or her organic system plan that are beneficial to biodiversity on his or her operation.” (76 FR 80563)

Given the broad scope of these defini tions, “ maintain [ ing ] or improve[ ing ] natural resources in organic production ” necessarily encompasses a range of conservation principles, including, but not limited to: protecting riparian areas; support ing native species and habitat; minimizing

invasive species; maintaining air quality; promoting crop diversity and plant condition; and improving soil condition. This guidance provides exampl es of production practices that support these conservation principles and demonstrate compliance with 7 C

. F

. R

. § 205.200

.

T his guidance also clarifies: 1) the certified organic operator’s responsibility to select, carry out,
and record production practices that “maintain or improve the natural resources of the operation ; ” 2) the accredited certifying agent’s (ce rtifier) responsibility to verify operator compliance with this requirement ; and 3) how domestic organic operations that participate in a USDA Natural Resources Conservation Service (NRCS) program and the National Organic Program (NOP) can reduce their pap erwork burdens

.

This guidance applies to all certifiers

, certified organi c operations

, and new applicants for

certification

.

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. W. NOP 5020 Agricultural Marketing Service Room 2648 South Building Effective Date: Draft National Organic Program Washington, DC 20250 Page 2 of 9

2. Background

T he conservation of n atural resources and biodiversity is a tenet of organic production. For instance, native vegetation interspersed throughout a certified organic operation provides food, cover, and corridors for beneficial organisms, slows water down for erosion control and groundwater recharge, and filters pollution

. Using practices that attract or intr oduce beneficial

insects

, provide habitat for predatory birds and mammals

, and p rovide conditions that increase

soil biot ic diversity serve to supply vital ecological services to organic production systems. Advantages to certified organic operations that implement these types of production practices include: 1) decreased dependence on outside fertility inputs; 2) reduced pest management costs; 3) more reliable sources of clean water; and 4) better pollination.

The National Organic Standards Board (NOSB), a federal advisory committee that advises the USDA on organic issues, has made multiple recommendations related to natural resources conservation and biodiversity. The May 2009 NOSB recommendation asked the NOP to establish: 1) consistent discussion and r eview of biodiversity protection and enhancement in all certified operations’ organic system plans (OSPs) ; 2) increased education and information for certified operations, inspectors, and certifiers; 3) uniformity of inspection and certification procedures with regard to how certified operations implement the biodiversity standards; 4) incorporation of biodiversity standards into the procedures for accreditation and certifier audits; and 5) use of materials evaluation criteria that foster consideration of b iodiversity conservation when adding or deleting materials from the National List of Allowed and Prohibited Substances. 1
This guidance addresses the first three components of th e recommendation.

3. Policy and Procedures

Role of Certified Organic Operations

• Certified organic operations and applicants for certification must develop and submit an OSP to a certifier. ( 7 C

. F

. R

. § 205.201)

• In the OSP

, the o peration must address how it will conserve biodiversity by

“ maintain [ ing ] or improve[ ing ] natural resources

, including soil and water quality, ” as required by § 205. 2 00 of the regulations

. In many cases, the certifier will provide the operation with an OSP template with a designated section for the operation to describe its

activities and its biodiversity monito ring approach (e.g., visual assessment of soil erosion, species counts for biodiversity, or testing for water quality)

.

• Certified o perations can reference Appendix A to understand the types of production practices that could be used to support natural resources conservation and biodiversity.

• For certified operations that also participate in USDA NRCS activities (e.g., conservation planning, or the Environmental Quality Incentives Program (EQIP)):

o The operation can reference Appendix A to identify which practices may be supported through NRCS as part of its conservation programs.

1 NOSB Recommendation on Bio diversity Conservation. May 2009

. Available on the NOP Web site, http://www.ams.usda.gov/AMSv1.0/getfile?dDocName=STELPRDC5078051

.

NOP 5020 Natural Resources and Biodiversity Conservation for Certified Organic Operations Authorized Distribution: PublicUnited States Department of Agriculture 1400 Independence Avenue S

. W. NOP 5020 Agricultural Marketing Service Room 2648 South Building Effective Date: Draft National Organic Program Washington, DC 20250 Page 3 of 9

o T he operation may reference or provide evidence of a conservation plan developed in conjunction with NRCS instead of developing a separate OSP

section for na tural resources, provided that the conservation plan addresses all the requirements of 7 C

. F

. R

. § 205.200 and other applicable portions of the USDA organic regulations

.

• The operation can also describe in its OSP the practices implemented to maintain or

im prove natural resources or biodiversity on a portion of land that is adjacent to the

certified land

, if this practice is likely to benefit the certified land

.

o For example, a n operation may install grassed waterways or riparian strips at locations adjacent to its certified crops. When successfully implemented and maintained, these features would support the operation’s overall water and soil quality. The operation could include a description of these activities in its OSP.

• The operation must implement and maintain the planned production practices as describe d i n its OSP and maintain any records (e.g., activity logs for mowing, pest monitoring, limits on livestock access to waterways , reseeding areas, grazing rotation s; water or soil testing results; visual observations ; or conservation maps ) that would

support a certifier ’s ability to verify compliance

.

Role of Certifiers

• Certifiers must ensure that an opera tion’s OSP or, if applicable, NRCS conservation plan addresses the operation’s monitoring plan and practices to support natural resources and biodiversity

, pursuant to § 205.200 of the regulations

.

• Certifiers can refer to Appendix A for examples of practices that may support complianc e with 7 C

. F

. R

. § 205.200.

• A certified operation’s monitoring plan could include the frequency of monitoring, the types of observations or testing the operation plans to conduct, and the method of

documentation.

• Certifiers must verify comp liance with 7 C

. F

. R

. § 205.200 by ensuring that certified organic operat ion s are implementing their planned production practices to conserve natural resources and biodiversity

. As part of the onsite inspection, certifiers should ensure that inspectors observe the conser vation practices put in place , or review records that support implementation of conservation practices.

• If a certified operation is implementing practices to conserve natural resources or biodiversity on a portion of land that is adjacent to the certified land, and this practice directly benefits the certified land, then the inspector and certifier may consider such practices in the assessment of whether a producer meets the requirements.

• P ursuant to 7 C

. F

. R

. § 205.504, c ertifiers should ensure that inspectors are sufficient ly qualifi ed to effectively assess compliance with the general natural resources conservation and biodiversity requirement at 7 C

. F

. R

. § 205.200

. Qualifications may include, but are not limited to, the inspector ’s knowledge, training

, and experience observing and assessing conservation activities and monitoring in organic production and handling.

NOP 5020 Natural Resources and Biodiversity Conservation for Certified Organic Operations Authorized Distribution: PublicUnited States Department of Agriculture 1400 Independence Avenue S

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Role of Inspectors

• Inspectors must be qualified to assess compliance with 7 C

. F

. R

. § 205.200 . More specifically, i nspectors must be able to recognize and evaluate areas where: 1) natural

resources and biodiversity are already conserved; 2) conservation projects are planned; and 3) impro vement is needed.

• During the onsite inspection, inspectors must verify the accuracy and implementation of

the operation’s production practices and monitoring approach that support the general

natural resources conservation and biodiversity requirement, as described by the operation in its OSP

. Inspectors may also confirm that any practic es planned by NRCS are effectively implemented to support the USDA organic regulations.

• During the onsite inspection , i nspectors may note exceptions to the conservation requirement such as extreme climatic conditions

, or damage to the ecosystem beyond the

control of the operation

. The inspector should communicate this information to the certifier for consideration as part of its review and certification decision.

4. References

USDA Organic Regulations ( 7 C

. F

. R

. Part 205 )

7 C

. F

. R

. § 205.2 Terms Defined

.

Crop rotation

. The practice of alternating the annual crops grown on a specific field in a planned pattern or sequence in successive crop years so that crops of the same species or family are not grown repeatedly without interruption on the same field. Perennial croppin g systems employ means such as alley cropping, intercropping, and hedgerows to introduce biological diversity in lieu of crop rotation.

Natural resources of the operation. The physical, hydrological, and biological features of a production operation, incl uding: soil, water, wetlands, woodlands, and wildlife.

Organic production. A production system that is managed to respond to site

- specific conditions by integrating cultural, biological, and mechanical practices that foster cycling of resources, promote e cological balance, and conserve biodiversity.

Pasture. Land used for livestock grazing that is managed to provide feed value and maintain or improve soil, water, and vegetative sources.

Soil and water quality. Observable indicators of the physical, chemi cal, or biological condition of soil and water, including the presence of environmental contaminants.

7 C

. F

. R

. § 205.200 General

. 7 C

. F

. R

. § 205.202 Land requirements.

7 C

. F

. R

. § 205.203 Soil fertility and crop nutrient management practice standard.

7 C

. F

. R

. § 205.205 Crop rotation practice standard.

NOP 5020 Natural Resources and Biodiversity Conservation for Certified Organic Operations Authorized Distribution: PublicUnited States Department of Agriculture 1400 Independence Avenue S

. W. NOP 5020 Agricultural Marketing Service Room 2648 South Building Effective Date: Draft National Organic Program Washington, DC 20250 Page 5 of 9

7 C

. F

. R

. § 205.206 Crop pest, weed, and disease management practice standard.

7 C

. F

. R

. § 205.207 Wild

- crop harvesting practice standard.

7 C

. F

. R

. § 205.238 Livestock health care practice standard.

7 C

. F

. R

. § 205.239 Livestock living conditions.

7 C

. F

. R

. § 205.240 Pasture practice standard.

NOSB Recommendations

Joint Crops & Compliance, Accreditation, and Certification Committee , NOSB Recommendation, “ Implementation of Biodiversity Conservation in Organic Agriculture Systems

, ” May 2009.

Other Laws and Regulations

Endangered Species Act of 1973, 16 U.S.C. § 1531 et seq.

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Appendix A

Examples of Practices that May Maintain or Improve Natural Resources and Biodiversity

Topics NRCS

Assistance

May Be

Available 2 Examples of Practices 3

Examples Relevant to All Types of Organic Certification

Soil Composition  Adding o rganic matter to the soil to increase the diversity of soil organisms and to improve nutrient cycling, competitive exclusion of pathogens, long

- term storage of soil carbon, and adaption to extreme climatic conditions.

 Conserving and restoring w oodland s, prairies, riparian habitats and wetland areas, which sequester carbon in soils and aid in cycling soil nutrients.

Soil Stability

and Water

Quality  Creating, conserving, and restoring v egetative covers (woodlands, prairies, riparian habitat

, and wetland areas) that

control erosion and filter nutrient, pesticide, and pathogen pollutants.

 Using n o

- till or permanent cover, conservation tillage, terracing, contour farming, micro

- irrigation, windbreaks, cover crops; no conversion of Highly Erodible Land or wetlands

. 4

Water Quantity  Using water conservation techniques that save water for crops, livestock, wildlife

, and riparian ecosystems.

C hoosing c rops and other plants that are appropriate for the climate and landscape with water conservation in mind.

 Using s uitable irrigation systems and schedules and

monitor ing them for water conservation.

 Woodlands, riparian habitat, and wetland areas that act as sponges to hold water for long periods are conserved and restored as part of a healthy water cycling process.

 Using managed systems to “bank” soil moisture i f fields are drained using tiles.

Wildlife

Benefits  Maintaining or improving d iverse mixtures of plants to provide food, habitat, or shelter for pollinators, insects, spiders and other arthropods, bats, and raptors.

2 NRCS financial assistance programs are listed at http://1.usa.gov/1kwzgz0 . NRCS staff and technical service providers may reference this chart as part of conservation planning for organic producers.

3 While NRCS pu blishes national Conservation Practice Standards ( http://1.usa.gov/1n8fcHG ), each S tate has its own technical specifications

, which can be accessed electronically through the NRCS Field Office Technical Guide ( http://efotg.sc.egov.usda.gov/ ) or by contacting your local USDA Service Center ( http://1.usa.gov/1kwzgz0 ).

4 The F arm Service Agency and NRCS Fact Sheet on Highly Erodible Land Conservation and Wetland Conservation Compliance ( http://1.usa.gov/1xH45sT ) defines highly erodible land and wetlands and provides information on the regulations that apply to each type of land.

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Native Species and

Natural

Areas of the

Operation  Conserving h igh

- value conservation areas that have outstanding biodiversity importance, or mitigati ng /restor ing

these areas elsewhere on the farm.

 Conser v ing and restoring w ildlife and native plant communities specific to the site (woodlands, prairies, riparian habitat, and wetland areas).

 Documenting r are, threatened

, and endangered terrestrial and aquatic plants and animals, and taking steps to protect them. 5

 Conserving w ildlife corridors and large blocks of habitat that reduce fragmentation.

 Making i mprovements to streams, lakes

, and rivers

, enhanc ing habitat for fish and other aquatic species. Allowing d egraded riparian areas, prairies, and wetlands to be

recolonized through natural processes.

 Actively restoring d egraded land to its native habitat using species adapted to and historically present in the area. 6

Invasive

Plants and

Animals  Closely monitoring i nvasive plants and animals threatening

natural areas.  Controlling i nvasive species before they spread. Avoiding s eed, plan t ing stock, soil amendments, and mulches that may import weed seeds and other pests. Examples Specific to Crop Operations

Soil Stability

and Water

Quality  Using n utrient budgets to protect water quality by managing crop nutrients.

 Designing g rassed waterways, filter strips, terraces

, and other

non

- crop vegetation , and manag ing them to help control erosion and filter pollutants before they reach water bodies.

 Using stream crossings, brush mattresses, and other engineered

features to prevent erosion where year round or intermittent

water flows.

 Using s ediment basins to capture runoff sediment before it

leaves the farm.

Co

- existing

with Wildlife  Taking mitigation measures to minimize total habitat loss on adjacent land w hen wildlife is restricted from entering the production area. Designing and using m anagement strategies as much as possible to repel

, rather than destroy

, intended and unintended species. Supporting

Wildlife Strategic ally using mowing, tilling

, and harvesting methods to preserve sites where wildlife raise their young.

5 The NatureS erve database ( www.natureserve.org/explorer/ ) and the U.S. Fish and Wildlife Service database ( http://endangered.fws.gov/ wildlife.html#Species ) provide information on the conservation status of area plants and animals.

6 The NRCS PLANTS database ( http://plants.usda.gov ) provides information on native plants in each county of the U.S.

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Crop Diversity Growing a variety of crop types, heirloom crops, or several genetic strains of the same crop. Growing l ocally

- adapted seed varieties or those suited to site

specific conditions. Examples Specific to Livestock Operations Soil Stability

and

Water Quality  Managing the f requency, intensity

, and timing of grazing and forage harvests to protect soil and water quality.

 Controlling a ccess to sensitive riparian areas and wetlands as much as possible.

Wildlife  Composing p asture plantings of diverse species and manag ing

them to support livestock and native species.

Co

- existing

with Wildlife Using n on

- lethal predator control before lethal methods (e .g., guard animals, grazing large and small animals together, grazing when predation is low, or housing vulnerable animals overnight).

 Encouraging d iverse native landscapes that support natural prey for carnivorous animals to reduce the carnivores’ predation of livestock.  Using w ildlife

- friendly fencing as much as possible.

Livestock Diversity Raising a variety of livestock, including heirlooms, or several

breeds of the same livestock. Preserving l ocally

- adapted livestock breeds

, or raising those

well suited to site

- specific conditions. Examples Specific to Wild Harvest Operations

Soil Stability

and Water

Quality Using p ractices for wild harvest that maintain or improve soil stability. Using p ractices for wild harvest that maintain or improve water quality.

Native Species and

Natural

Areas of the

Operation Maintaining the s ustainability of harvested native plants and animals and associated species when determining the quantity and timing of the wild harvest.

Examples Specific to Handling Operations

Air and

Water Quality Operations that use dust collection systems have up

- to

- date permits for their operation.  Using c onstructed wetlands to improve wastewater quality. When necessary, processing wastewater using secondary or tertiary treatment prior to flowing through the wetland.

Wildlife

Benefits  Locating raptor perches around packing sheds and processing

facilities to control rodents without using toxins.

NOP 5020 Natural Resources and Biodiversity Conservation for Certified Organic Operations Authorized Distribution: PublicUnited States Department of Agriculture 1400 Independence Avenue S

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Co

- existing

with Wildlife Avoid i ng h arm to wildlife from processing waste. Strategically placing l ighting around buildings to lessen the need for insectocutors (e .g., placing light fixtures away from vents, windows

, or doors).

Remov ing habitat and food sources from directly adjoining areas where pests could enter the facility

, to decrease the need to destroy pest insects, birds or mammals.

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