The U.S. Environmental Protection Agency (EPA) has announced the release of the U.S. Fish and Wildlife Service’s (FWS) draft biological opinion (BiOp) for methomyl, an insecticide used on various crops. This draft BiOp addresses the potential impacts of methomyl on species under the FWS’s purview and is open for public comment.
Under the Endangered Species Act (ESA), the EPA must ensure that its actions, including the approval and use of pesticides, do not jeopardize endangered or threatened species or adversely modify their critical habitats. When the EPA determines that a pesticide may affect these species or habitats, it must consult with the National Marine Fisheries Service (NMFS), the FWS, or both. These consultations can result in a BiOp, which assesses whether the pesticide will pose a risk to these species or their habitats.
Background on Methomyl
Methomyl is widely used to control insect pests in crops such as field vegetables and orchard crops. In March 2021, the EPA completed its biological evaluation for methomyl, determining that its use is "likely to adversely affect" (LAA) 1,098 listed species and 281 designated critical habitats. This LAA determination implies that at least one individual of any listed species may be exposed to the pesticide at levels sufficient to cause harm. The evaluation did not predict the likelihood of jeopardy at the population level. Following this evaluation, the EPA initiated formal consultations with the FWS and NMFS. The NMFS completed its final BiOp for methomyl in February 2024. The FWS has now released its draft BiOp for public comment.
FWS Draft Biological Opinion
The FWS draft BiOp indicates that the use of methomyl, as currently registered, is likely to jeopardize 82 listed species and adversely modify 34 critical habitats. To mitigate these risks, the draft BiOp suggests several categories of reasonable and prudent alternatives (RPAs). These RPAs are mitigation measures designed to prevent jeopardy to the species or adverse modification of their habitats. The FWS will work closely with the EPA and methomyl registrants to ensure these RPAs are both technologically and economically feasible before issuing the final BiOp.
Next Steps
The draft BiOp is available for public comment in docket EPA-HQ-OPP-2024-0290, and the comment period will close on September 9, 2024. After the public comment period, the EPA will summarize and forward all comments received to the FWS for consideration in the finalization of the BiOp. The final BiOp will then be implemented by the EPA.