FORMAL RECOMMENDATION BY THE

NATIONAL ORGANIC STANDARDS BOARD (NOSB)

TO THE NATIONAL ORGANIC PROGRAM (NOP)

Date: _May 6, 2009 ____

Subject: _ Biodiversity Conservation ___

Chair: __Joe Smillie and Tina Ellor ______________

Recommendation

The NOSB hereby recommends to the NOP the following:

Rulemaking Action: ___ __

Guidance Statement: __X______

Other: ________

Summary Statement of the Recommendation (including Recount of Vote):

The goal of this guidance is to improve and increase biodiversity conservation implementation in 

organic agriculture systems as required in Section 205.200 of the regulations and as directed in 

previous NOSB Guidance Statements.

The NOSB recommends the following actions:

1) Add biodiversity considerations to the check list used by committees for review of petitioned 

materials,

2) Take actions with regard to the Organic System Plan with specific guidance to Certified 

Growers/Producers, Inspectors, Certfiers and the NOP

NOSB Vote: Motion: Barry Flamm Second: Jennifer Hall

Board vote: Yes - 14 No- 0 Abstain- 0 Absent - 1 

Summary Rationale Supporting Recommendation (including consistency with OFPA and 

NOP):

Conservation of Biodiversity is a requirement of the Rule.

Response by the NOP:

The NOP is supportive and has already initiated action to begin implementation.

Attach Committee Recommendation here along that includes committee votes and any 

attachments
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National Organic Standards Board

JOINT CROPS & COMPLIANCE, ACCREDITATION, AND 

CERTIFICATION COMMITTEE

Implementation of Biodiversity Conservation in

Organic Agriculture Systems

March 5, 2009 

I. INTRODUCTION:

Biological diversity is the diversity of life existing at three levels: genetic, species and ecosystem 

diversity. Therefore, biological diversity (biodiversity) includes variety in all forms of life, from 

bacteria and fungi to grasses, ferns, trees, insects, and mammals. It encompasses the diversity 

found at all levels of organization, from genetic differences between individuals and populations 

(groups of related individuals) to the types of natural communities (groups of interacting species) 

found in a particular area. Biodiversity also includes the full range of natural processes upon 

which life depends, such as nutrient cycling, carbon and nitrogen fixation, predation, symbiosis 

and natural succession.

Long held principles of organic farming commonly articulate values and goals that link organic 

farms with protection of biodiversity.1 Many organic production systems show a farmer’s regard 

for the value of biodiversity as well as an understanding that agricultural systems innately 

function within and interact with the larger ecosystem. The value of biodiversity for healthy 

agriculture and for society at large is recognized in the NOP Rule in several regulations. In 

response, NOSB has issued guidance statements in 2004 and 2005 pertaining to the 

implementation of standards related to biodiversity conservation. 

The organic community largely supports biodiversity conservation being incorporated into 

organic systems, but some have issues related to increased paper work, requirements that do not 

produce real on the ground results and added production and regulatory costs. A particularly 

controversial issue is how to deal with conversion of native forests or grasslands for organic crop 

cultivation.

The goal of this “guidance” is to improve and increase biodiversity conservation implementation 

in organic agriculture systems as required in Section 205.200 of the Regulations and as directed 

in previous NOSB Guidance statements. This is to be achieved through_1) increased 

education and information for farmers, inspectors and certifiers; uniformity of inspection 

and certification procedures with regard to growers’ implementation of biodiversity 

standards 2) incorporation of biodiversity standards within the procedures for 

accreditation and audit of certification agents and 3) use of materials evaluation criteria 

that foster consideration of biodiversity conservation when adding or deleting materials 

from the National List.

 1 NOSB Principles of Organic Production and Handling—adopted October 17, 2001.
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The time is ripe to move forward with stronger, more consistent implementation of biodiversity 

conservation standards as substantial funding has recently been authorized in the 2008 farm bill 

that may be used in part for this purpose including: increased funding for NOP from 3.1 million 

to 11 million in 2012, inclusion of organic farming practices as conservation methods within 

USDA’s Environmental Quality Incentive Program (EQIP), funding of data collection about 

organic products (5 million annually in mandatory funding through 2012), grants for beginning 

organic farmers and ranchers and $78 million in competitive grants to research institutions for 

organic initiatives. The Conservation Stewardship Program now has streamlined the application 

process so that it can be coordinated with organic certification.

II. BACKGROUND

A number of the organizations interested in the subjects of biodiversity conservation and 

sustainability in organic agriculture have produced work to advance these goals within organic 

agricultural practices. In particular, the Wild Farm Alliance (WFA) and the National Center for 

Appropriate Technology (NCAT) have worked with NOSB to develop systems for implementing 

the NOP the NOP biodiversity and conservation standards. The International Organic Inspectors 

Association (IOIA) has played an important role in filling the need for biodiversity educational 

materials and criteria and using them in their inspector training programs.

The WFA has published guides about biodiversity conservation, one each for farmers and 

certifiers, describing practices and actions farmers can take to conserve biodiversity. In 2006, 

WFA mailed a guide to all organic farmers and certifiers in the nation. In addition, ATTRA 

developed an Organic System Plan (OSP) template that includes a section intended to assist 

growers with documenting their efforts to address biodiversity conservation. Rodale Institute 

also provides electronic versions of the OSP that contain these conservation references. IOIA 

includes the ATTRA’s OSP’s and WFA guides on conserving biodiversity in their inspector 

training classes. In May 2008, WFA issued a new document “Biodiversity Compliance 

Assessment....” which offers a list of compliance indicators designed to allow both certifiers and 

growers to measure progress toward protecting biodiversity on organic farms.

A NOSB Guidance Document titled “Compatibility with a System of Sustainable Agriculture 

and Consistency with Organic Farming and Handling” was adopted April 29,2004 . The 

Guidance stated in part:

“In order to determine if a substance, its use, and manufacture are compatible with a 

system of sustainable agriculture and consistent with organic farming and handling, and 

in consideration of the NOSB Principles of Organic Production and Handling, the 

following factors are to be considered:

L) Does use of the substance have a positive impact on biodiversity?”

The same guidance document stated that “There is strong support by all commenters for this 

position”. 
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The NOSB Policy and Procedure Manual mentions biodiversity in the section called “NOSB 

Guidance on Compatibility with a System of Sustainable Agriculture and Consistency with 

Organic Farming and Handling”, factor 12, “Does use of the substance have a positive impact on 

biodiversity?” However, this requirement has not been added to the materials checklist used by 

committees in evaluating petitions.

At the NOSB’s fall 2004 meeting, WFA requested that the Board incorporate biodiversity 

criteria into their model Organic System Plan. The request was sent to the Crops Committee and 

subsequently the Board, at the spring 2005 meeting, approved a draft on biodiversity

conservation. Further refinement in the draft was made with assistance from NCAT. On August 

16, 2005, NOSB approved an Amendment to NOSB Organic System Plan Template 

“Maintaining or Improving Natural Resources”, which added criteria to the OSP on biodiversity 

management. Although the use of the OSP forms is not mandatory, it was hoped the use of the 

model would help to bring consistency to inspection, certification, and accreditation.

The NOSB biodiversity criteria approved for the OSP is presented below and the detailed 

biodiversity management points are listed in Appendix A.

D. Natural Resources

NOP Rule 205.2 defines Organic Production as a production system managed in 

accordance with the Act and its regulations to respond to site-specific conditions by 

integrating cultural, biological, and mechanical practices that foster cycling of resources, 

promote ecological balance, and conserve biodiversity. NOP Rule 205.200 and 205.203(a) 

requires that production practices maintain or improve natural resources (soil and water 

quality, wetlands, woodlands and wildlife) of the operation.

The use of the WFA guides on biodiversity conservation in IOIA training has been largely well 

received and useful in calling attention to needs and opportunities. However, not all accredited 

certifiers have adopted the OSP templates that include the section on biodiversity management. 

A recent survey by the WFA (see Appendix B) provides a detailed response by certifiers to a 

query about their implementation of NOP biodiversity standards . The NOP’s audit review 

compliance checklist does not include any requirement for auditors to verify whether accredited 

certifying agencies are implementing the natural resources standard in 205.200.

III. RELEVANT AREAS IN THE RULE

The Preamble to the Rule (Federal Register/Vol. 65, 246/Thursday, December 21, 2000/pg. 

80563 (4) CONSERVATION of BIODIVERSITY states in part “we agree with commenters and 

have amended the definition of organic production to require that a producer must conserve 

biodiversity on his or her operation. The use of “conserve” 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 plans that are beneficial to 

biodiversity on his or her operation. 
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NOP Rule passages relevant to Biodiversity Conservation are as follows:

205.2 Terms defined:

Crop Rotation. Perennial cropping 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, including soil, water, wetlands, woodlands, and wildlife. 

Organic production. A production system that is managed in accordance with the Act and 

regulations in this part to respond to site-specific conditions by integrating cultural, biological, 

and mechanical practices that foster cycling of resources, promote ecological balance, and 

conserve biodiversity.

Organic System Plan. A plan of management of an organic production or handling operation 

that has............

Pasture. Land used for livestock grazing that is managed to provide feed value and maintain 

or improve soil, water, and vegetative resources.

Soil and water quality. Observable indicators of the physical, chemical, or biological 

condition of soil and water, including the presence of environmental contaminants.

205.200 General 

Production practices....must maintain or improve the natural resources of the operation including 

soil and water quality.

205.203 Soil fertility.......

See Also: 

205.205 Crop rotation

205.206 Crop pest, weed, and disease management practice

205.707 Wild-crop harvesting

205.237 Livestock feed

205.238 Livestock health care

205.239 Livestock living conditions

IV. DISCUSSION: 

The value of biodiversity for healthy agriculture, and for society at large, is generally recognized. 

In addition, long held principles of organic farming commonly articulate values and goals that 

link organic farms with conservation of biodiversity. These tenets were accepted in the NOP 

Rule and subsequently in NOSB guidance statements issued in 2004 and 2005 pertaining to the 

implementation of standards related to biodiversity conservation.
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Biodiversity conservation was a topic of discussion at the May 2008 NOSB meeting and resulted 

in the full Board directing a Joint Crops and Compliance, Accreditation, & Certification 

Committee to review implementation of standards and, as necessary, prepare further guidance for 

Board consideration. The Joint Committee determined that the biodiversity conservation 

requirements were not being implemented fully or consistently. 

In October 2008, the Committee issued a discussion paper, “Implementation of Biodiversity 

Conservation in Organic Agriculture Systems”. More than 60 written and oral comments were 

received from the public prior to and at the November 2008 NOSB Board. Most all the public 

comments strongly supported the need to improve and increase implementation of biodiversity 

conservation in organic agriculture systems, with many expressing a sense of urgency. No 

comments challenged the goal of the document, only a very few expressed concerns with the 

added work and costs. Public suggestions have been incorporated into this document. 

V. GUIDANCE DOCUMENT RECOMMENDATION: 

In order to ensure consistent application of biodiversity conservation requirements, the NOSB 

recommends general actions by two different vehicles as described below.

1) Materials Review by the NOSB: Add biodiversity considerations to the checklist used for 

the review of materials as shown below for specific categories and lines: 

Category 1. Adverse impacts on humans or the environment?

Question

3. Is the substance harmful to the environment AND BIODIVERSITY?

[§6517c(1)(A)(i);6517(c)(2)(A)i] 

5. Is there potential for detrimental chemical interaction with other materials used? [§6518 m.1]

6. Are there adverse biological and chemical interactions in agro-ecosystem? [§6518 m.5]

7. Are there detrimental physiological effects on soil organisms, crops, or livestock .

[§6518 m.5]

9. Is there undesirable persistence or concentration of the material or breakdown products in 

environment?[§6518 m.2]

10. Is there any harmful effect on human health? [§6517 c (1)(A)(i) ; 6517 c(2)(A)i; §6518 m.4]

Category 2. Is the Substance Essential for Organic Production? 

 

Question

1. Is the substance formulated or manufactured by a chemical process? [6502 (21)]

2. Is the substance formulated or manufactured by a process that chemically changes a substance 

extracted from naturally occurring plant, animal, or mineral, sources? [6502 (21)]

3. Is the substance created by naturally occurring biological processes? [6502 (21)]

4. Is there a natural source of the substance? [§205.600 b.1]

5. Is there an organic substitute? [§205.600 b.1]

6. Is the substance essential for handling of organically produced agricultural products? [§205.600 

b.6]
Page 6 of 12

7. Is there a wholly natural substitute product? [§6517 c (1)(A)(ii)]

8. Is the substance used in handling, not synthetic, but not organically produced? [§6517 c (1)(B)(iii)]

9. Is there any alternative substances? [§6518 m.6]

10. Is there another practice that would make the substance unnecessary? [§6518 m.6]

Category 3. Is the substance compatible with organic production practices?

Question

1. Is the substance compatible with organic handling? [§205.600 b.2]

2. Is the substance consistent with organic farming and handling AND BIODIVERSITY? [§6517 c 

(1)(A)(iii); 6517 c (2)(A)(ii)]

3. Is the substance compatible with a system of sustainable agriculture? [§6518 m.7]

2) Development and Implementation of the Organic System Plan

Take the following actions with regard to the Organic System Plan:

a) Certified Grower/Producer

Producers shall incorporate biodiversity conservation into their OSPs. The questions on 

ATTRA’s OSP templates (Pages 7&8 on the farm template) or guidance tools such as those 

developed by WFA, provide detailed information and direction. The producer shall be ever 

vigilant to biodiversity problems and conservation opportunities. Conversion of native 

habitat to crop production has consequences to biodiversity that must be considered and the 

producer should discuss such planned conversion with his or her Certifier before action is 

taken.

b) Inspectors 

Inspectors shall receive training in biological diversity conservation such as is currently 

given by IOIA and include methods for verification of NOP biodiversity standards in all 

inspections of organic farms using appropriate checklists and other tools.

Other issues not explored by biodiversity verification methods, but that should be evaluated 

by inspectors include:

• Sustainable practices for incorporating new land into agriculture

• Practices which enhance soil biodiversity

c) Certifiers 

Certifiers shall adopt an OSP and other certification documents that address the NOP 

biodiversity requirements. Certifiers may devise a format and content for these documents 

that is suitable to their own certification system. 
Page 7 of 12

Certifiers shall require all production operations to address biodiversity conservation in their 

OSPs. Conversion of native habitat to crop production has important consequences to 

biodiversity and normally should be discouraged. 

Certifiers shall document the degree to which producers are addressing biodiversity when 

performing inspections and when making certification decision. Only severe violations 

would lead to suspension or revocation of a producer’s certification, other violations would 

be cited as minor non-compliances by the certifiers and corrected by the operator within a 

specified timeframe.

d) National Organic Program

The NOP shall emphasize biodiversity in its training of NOP-accredited certification bodies. 

Trainings shall include such topics as indicators of compliance with biodiversity standards, 

differentiating major and minor non-compliances for violations of biodiversity standards, 

evaluating corrective actions taken to correct minor violations. The focus should be on 

education, teaching practices and the benefits of conservation. 

The NOP shall also revise the checklist used to audit certifiers so that it includes questions 

about NOP’s biodiversity standards in every audit.

Each of the above actions would require additional work for producers, certifiers, NOP and 

NOSB, but these tasks can be integrated into existing plans and operations.

Joint Committee vote:

Moved: Barry Flamm Second: Joe Smillie

Yes- 10 No- 0 Abstain- 1 Absent- 0
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APPENDIX A: 

Biodiversity Criteria Approved for the OSP

NOSB - 2005

BIODIVERSITY MANAGEMENT

Does your field map include features such as hedgerows, woodlands, wetlands, riparian 

zones, and special habitats? Yes No

Whole Farm Biodiversity Considerations:

List wildlife and dominant native plants present on the farm: (note priority species)

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________

What steps do you take to plan/provide for biodiversity conservation? 

understand farm’s location within watershed 

ascertain what wildlife and dominant native plants existed on the land prior to farming

learn about regional natural areas and conservation priorities

work with neighbors/others to enhance biodiversity (connectivity, restoration, etc.) 

other* describe/explain:

How do you manage water for the needs of crops/livestock, native species and riparian 

ecosystems?

plant regionally appropriate crops 

conserve water 

manage water for priority species

retain/restore vegetated riparian buffers/wetlands 

protect/improve natural hydrology/ecological function of riparian area 

other*

What actions do you take to provide habitat for pollinators, insect predators, birds and

Uncultivated Area Biodiversity:

bats?

bird/bat/bee boxes

hedgerows/windbreaks

maintain/provide natural roosting/nesting/ foraging sites

other*

How are you restoring and/or protecting natural areas?

manage for native plants/wildlife specific to the site

preserve/restore wildlife corridors/large blocks of habitat

establish legal conservation areas 
Page 9 of 12

native habitats not converted to farmland since certification

other*

List problem invasive:

______________________________________________________________________________

______________________________________________________________

What actions do you take to control invasive plant/animal species, especially those 

threatening natural areas?

learn about invasives 

use weed- and pest-free seed/planting stock/soil 

• amendments/mulches (this was up on the line above, but it is a separate item)

monitor for new introductions and control immediately

suppress invasives using organic methods

other*

How do you conserve and provide habitat for wildlife?

Cropland Area Biodiversity:

companion planting/intercropping 

crop diversity 

wildlife-friendly fences

manage fallow fields for wildlife 

other*

Do you schedule farm practices to benefit wildlife?

avoid nests during breeding season 

stagger mowing/tilling practices

plan fields to leave food/cover for wildlife

other*

Biodiversity When Livestock are Involved:

How do you protect riparian areas and sensitive habitats?

fence to minimize impacting wildlife 

control sensitive area access

prevent bank erosion

animals fed away from water 

other*

What are you doing to improve your pasture or rangeland?

prevent overgrazing 

reseed/protect trampled/eroded areas 

plant native pasture

ecologically-sound grazing system 

prescribed burning 
Page 10 of 12

other*

What wildlife-friendly management practices do you use?

guard animals 

grazing scheduled when predation pressure low 

livestock spend night in protected area 

circumstances of livestock death documented

other*

list problems with predators or other wildlife 

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________

Have you assessed the farm for biodiversity problems and greatest opportunities, and 

developed goals a timeline for biodiversity conservation?. yes no

describe/explain:________________________________________________________________

______________________________________________________________________________

______________________________________________________

How do you monitor farm biodiversity?

visually 

species counts 

other*

How do you maintain or improve the sustainability of the harvested species?

Wild Harvest Enterprises Biodiversity:

harvest from stable populations 

minimize disruption of priority species/sensitive habitats

 avoid erosion 

allow re-establishment

monitor wild crop sustainability

other*

*If you check other, please explain.

______________________________________________________________________________

______________________________________________________________________________

______________________________________________________

Add the following boxes under the Natural Resources: Water Use:

What practices are used to protect water quality?

sediment basin 

compost/fertilizer stored away from water
Page 11 of 12

APPENDIX B: 

REPORTS OF CERTIFIERS IMPLEMENTATION OF 

NOP BIODIVERSITY STANDARDS

(Compiled by Wild Farm Alliance)

In 2006 almost all of the organic certifiers were contacted to see if they were aware of the 205.200 

biodiversity/natural resources standard and if they were addressing or had plans to address it in their inspection 

process. The agencies that responded positively at that time were contacted in 2008 to determine their current status 

with regard to their implementation of the NOP biodiversity standard.

It is possible that more certifiers than noted are inspecting for the standard. Many had implemented biodiversity 

standards between the 2006 survey and the 2008 survey

CERTIFIER HOW THEY DETERMINE 

COMPLIANCE WITH 205.200

FIRST 

ESTIMATE 

OF 

FARMER 

MEMBERS

LATEST 

ESTIMATE 

OF FARMER 

MEMBERS 

MID SEPT 08

Certifier Checks for Compliance 

with 205.200

California Certified Organic 

Farmers Inspector asks CCOF questions 1100 1508

Global Culture

Farmer answers NOSB adopted 

biodiversity questions 50 65

Idaho Dept. of Agriculture

Farmer answers NOSB adopted 

biodiversity questions 90 190

Indiana Certified Organic

Farmer answers many of the NOSB 

questions 195 300

Nature's International Certification 

Services Farmer answers ICS questions 230 100

Marin County Dept. of Agriculture 

in California Farmer answers Marin Co questions 40 47

Midwest Organic Services 

Association

Farmer answers many of the NOSB 

questions 550 1000

MN Crop Improvement Assoc. Farmer answers MCIA questions 45 30

Oregon Tilth Farmer answers OT questions 800 640

Quality Certification Services in FL

Farmer answers most NOSB adopted 

biodiversity questions 220 241

Stellar/Demeter

Farmer answers Stellar biodiversity 

questions 100 109

Washington State Dept of Ag Inspector looks for non compliances 840 791

NM Organic Commodities 

Commission Plan on addressing when they have time 100 120

Total 4738 5236
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