WSR 99-02-021
PREPROPOSAL STATEMENT OF INQUIRY
DEPARTMENT OF AGRICULTURE
(Pesticide Management Division)
[Filed December 30, 1998, 10:33 a.m.]
Subject of Possible Rule Making: Removal/elimination of blooming plants from the cultivated crop, and/or the cover crop of orchards and drift areas to protect pollinating insects.
Statutes Authorizing the Agency to Adopt Rules on this Subject: RCW 17.21.030 (1)(a).
Reasons Why Rules on this Subject may be Needed and What They Might Accomplish: Rules are necessary to protect pollinating insects relative to long residual pesticide applications. Blooms yielding nectar and pollen attract pollinators into the application area and border. Bloom elimination will negate this problem. Applying a pesticide identified to have residues toxic to pollinating insects when bloom is present would constitute a violation. Labels do not adequately protect pollinating insects from long residual pesticides. Labels of long residual pesticides toxic to pollinating insects do not adequately inform pesticide applicators that these pesticides are toxic up to days or weeks past the application when applied to open bloom. A major misconception is the myth that applying long residual pesticides in late evening will prevent economic losses to beekeepers, yet the section 3 labels continue to allow this common practice. Beekeepers have experienced bee mortalities for several years. Some of the bee mortalities are a direct result of pesticides residues left on blooming plants in and around orchards after pesticide applications have been made to the orchard. By removing/eliminating all bloom on the orchard floor and bloom surrounding the orchard prior to a pesticide application, there would be no forage which would be visited by bees exposed to pesticide residue. When all bloom is removed/eliminated no residues result on plants visited by bees, therefore bees are thoroughly protected.
Other Federal and State Agencies that Regulate this Subject and the Process Coordinating the Rule with These Agencies: The Environmental Protection Agency (EPA) regulates the use of pesticides primarily through the pesticide label. EPA has delegated WSDA pesticide management as the state lead agency for the enforcement of pesticides in Washington state. EPA will be appraised during the entire rule-making process and be offered an opportunity to provide comments. No other state agencies are involved.
Process for Developing New Rule: At the end of the comment period for this CR-101, a committee of approximately ten individuals will be formed. This committee will be comprised of individuals who represent orchardists, beekeepers, as well as Washington State University staff. The committee will review all comments received by the department and make recommendations.
Interested parties can participate in the decision to adopt the new rule and formulation of the proposed rule before publication: The Pesticide Management Division is seeking written comments concerning this proposal. The comment period will be for thirty days, ending on February 5, 1999. If you are interested in being on the committee, please indicate so in writing. Also please indicate in writing if you want continued information concerning the activities of the committee.
You may comment by writing to Washington State Department of Agriculture, Pesticide Management Division, P.O. Box 42589, Olympia, WA 98502-2589, or fax (360) 902-2093, phone (360) 902-2036 or e-mail cweed@agr.wa.gov.
December 30, 1998
Bob Arrington
Assistant Director