BILL REQ. #:  S-4112.2 

Read first time 01/28/2004.   Referred to Committee on Agriculture.

     TO THE HONORABLE GEORGE W. BUSH, PRESIDENT OF THE UNITED STATES, AND TO THE PRESIDENT OF THE SENATE AND THE SPEAKER OF THE HOUSE OF REPRESENTATIVES, AND TO THE SENATE AND HOUSE OF REPRESENTATIVES OF THE UNITED STATES, IN CONGRESS ASSEMBLED, AND TO THE ADMINISTRATOR OF THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY, AND TO THE SECRETARY OF THE DEPARTMENT OF INTERIOR, AND TO THE SECRETARY OF THE UNITED STATES DEPARTMENT OF COMMERCE:
     We, your Memorialists, the Senate and House of Representatives of the State of Washington, in legislative session assembled, respectfully represent and petition as follows:
     WHEREAS, The retention of productive agricultural lands and the continuation of agriculture that includes viable family farm operations are widely held societal and environmental goals; and
     WHEREAS, Maintaining the viability of farm operations and the productivity of agricultural lands is dependent on the production and the marketability of fruits, vegetables, and other agricultural products; and
     WHEREAS, The production of agricultural products and the ability of such products to meet the quality demanded by consumers and the phytosanitary requirements of importing countries often depend on the utilization of pest control products that have been registered by the federal Environmental Protection Agency with labels that contain restrictions on their use on areas adjacent to water bodies that may contain fish; and
     WHEREAS, Another widely held societal goal is the retention of salmon runs as an environmental value and to support the sports and commercial fishing industries and tribal fisheries; and
     WHEREAS, Several species of salmonids that return to waters in Washington State have been listed by the federal government under the federal Endangered Species Act, the bulk of which were listed in 1998; and
     WHEREAS, The failure to meet the interagency consultation requirement contained in section 7 of the federal Endangered Species Act for many otherwise federally approved pest control products has resulted in litigation requesting the court to further curtail the use of these products based on the failure to comply with consultation requirements; and
     WHEREAS, These curtailments have significant negative impact on the ability to control pests in the perimeter of orchards which become a breeding ground to potentially infect the rest of the orchard, adversely affecting fruit quality and jeopardizing both domestic and foreign markets;
     NOW, THEREFORE, Your Memorialists respectfully pray that a process be established by federal rule that provides for a transparent and efficient consultation process that is properly funded to accomplish the required consultation to occur between the United States Environmental Protection Agency and either the National Fish and Wildlife Service or the National Oceanic and Atmospheric Administration (NOAA-Fish) as appropriate for each listed salmonid species.
     BE IT RESOLVED, That copies of this Memorial be immediately transmitted to the Honorable George W. Bush, President of the United States, the administrator of the United States Environmental Protection Agency, the Secretary of the United States Department of Interior, the Secretary of the United States Department of Commerce, the President of the United States Senate, the Speaker of the House of Representatives, and each member of Congress from the State of Washington.