UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

WASHINGTON, D.C. 20460 

OFFICE OF CHEMICAL SAFETY AND POLLUTION PREVENTION 

DRAFT BIOLOGICAL OPINIONS ISSUED UNDER THE ENDANGERED SPECIES ACT, BY THE 

NATIONAL MARINE FISHERIES SERVICE, RELATED TO PESTICIDES AND PACIFIC SALMON AND 

STEELHEAD SPECIES 

EPA has initiated formal consultation with the National Marine Fisheries Service on the potential effects of 

certain pesticides to Pacific salmon and steelhead listed under the Endangered Species Act as either 

threatened or endangered. As EPA receives draft Biological Opinions relative to these consultations, they 

will be posted to www.epa.gov/espp and included in a public docket EPA-HQ-OPP-2008-0654 so EPA may 

receive public input on any changes to a pesticide’s registration recommended by the National Marine 

Fisheries Service. 

The Endangered species Act (ESA) requires that Federal Agencies assess their “actions” to determine 

whether species listed as threatened or endangered under the ESA, may be affected by those actions, or 

whether critical habitat may be adversely modified. The registered uses of a pesticide constitute an EPA 

"action" under the ESA. 

BACKGROUND 

If EPA determines a pesticide's registered uses are likely to adversely affect a federally listed threatened or 

endangered species (listed species) or modify its critical habitat, EPA initiates "formal consultation" with the 

U.S. Fish and Wildlife Service or the National Marine Fisheries Service (the Service or Services), as 

appropriate. In response to a Federal Agency initiating formal consultation, the Service(s) develops a 

Biological Opinion (BO) in which it provides its opinion on whether the "action" is likely to jeopardize the 

continued existence of a listed species or is likely to adversely modify designated critical habitat and, if so, 

describes alternatives to avoid jeopardy. 

In 2005, EPA published in the Federal Register (FR 70 No. 211 pp. 66392-66402), a document titled 

Endangered Species Protection Program Field Implementation. That notice of how EPA intends to 

implement its responsibilities under the ESA, states (p 66401): 

PUBLIC INPUT 

"If EPA must formally consult with the Services, after the Services issue a draft 

Biological Opinion, EPA will welcome input from State, Tribal and local governments 

on draft reasonable and prudent measures and alternatives. The purpose of this 

review would be to determine whether the alternatives or measures can be 

reasonably implemented and whether there are different measures that may provide 

adequate protection but result in less impact to pesticide users. The Agency will 

consider this input in developing its response to draft Biological Opinions." 
EPA also is seeking input from the public in general, pesticide users, and public interest organizations on 

whether the alternatives or measures can be reasonably implemented and whether there are different 

measures that may provide adequate protection but result in less impact to pesticide users. The Agency will 

also consider this input in developing its response to draft Biological Opinions. 

Further, the Services’ 

APPLICANT INPUT 

Consultation Handbook

“... the Service and the action agency meet their obligations to [the applicant or pesticide 

registrant] as outlined in 

(pp. 2-13), supports their consultation regulations and states: 

50 CFR section 402 through the following: The applicant is 

entitled to review draft Biological Opinions obtained through the action agency and 

to provide comments through the action agency. The Service will discuss the 

basis of their biological determination with the applicant and seek the applicant’s 

expertise in identifying reasonable and prudent alternatives ...”. 

Draft Biological Opinions are being included in the docket (insert Docket ID) and posted to EPA’s Web site 

(http://www.epa.gov/oppfead1/endanger/litstatus/effects) to seek input on the Service’s recommended 

reasonable and prudent measures and alternatives, as noted above. Such input should be submitted by 

April 12, 2011 in order to be considered in EPA’s response to the Draft Biological Opinion. Comments 

received by EPA on other aspects of the Draft Biological Opinion, will be forwarded to the Service for their 

consideration. 

COMMENTS 

As stated in the Services’ regulations (50 CFR 402.14(g)(5)): 

“All comments on the draft Biological Opinion must be submitted to the Service 

through the Federal agency, although the applicant may send a copy of its comments 

directly to the Service.” 

You may submit your comments, identified by the docket identification (ID) number EPAHQOPP-2008-0654 and the pesticide to which the Biological Opinion pertains, by one of the following 

methods: 

SUBMITTING YOUR COMMENTS 

Federal eRulemaking Portal: http://www.regulations.gov

Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), Environmental 

Protection Agency, 1200 Pennsylvania Ave., NW, Washington, DC 20460-0001. 

. Follow the on-line instructions for 

submitting comments. 

Delivery: OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S-4400, One 

Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only accepted during the 

Docket's normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 

holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility 

telephone number is (703) 305-5805. 
Instructions: EPA's policy is that all comments received will be included in the docket without change and 

may be made available on-line at http://www.regulations.gov

Docket: All documents in the docket are listed in the docket index available in regulations.gov. To access the 

electronic docket, go to 

, including any personal information provided, 

unless the comment includes information claimed to be Confidential Business Information (CBI) or other 

information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or 

otherwise protected through regulations.gov or e-mail. The regulations.gov website is an `anonymous access'' 

system, which means EPA will not know your identity or contact information unless you provide it in the body 

of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your 

e-mail address will be automatically captured and included as part of the comment that is placed in the docket 

and made available on the Internet. If you submit an electronic comment, EPA recommends that you include 

your name and other contact information in the body of your comment and with any disk or CD-ROM you 

submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, 

EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, 

any form of encryption, and be free of any defects or viruses. 

http://www.regulations.gov, select ``Advanced Search,'' then ``Docket Search.'' Insert 

the docket ID number where indicated and select the ``Submit'' button. Follow the instructions on the 

regulations.gov website to view the docket index or access available documents. Although, listed in the index, 

some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by 

statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly 

available only in hard copy form. Publicly available docket materials are available either in the electronic 

docket at http:// www.regulations.gov, or, if only available in hard copy, at the OPP Regulatory Public Docket 

in Rm. S-4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation 

of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 

Docket Facility telephone number is (703) 305-5805.