Court might restrict use of pesticides to protect wild salmon

Had they been able to read legal briefs, salmon swimming near Whidbey would have breathed a sigh of relief this week.

Had they been able to read legal briefs, salmon swimming near Whidbey would have breathed a sigh of relief this week.

In a suit brought by fishing and conservation groups, a U.S. District Court judge issued an order indicating that he will impose restrictions on pesticide uses that contaminate water and harm endangered salmon.

The buffers will apply to salmon streams from Puget Sound to central California, according to Aimee Code, a water quality and right-to-know coordinator for Northwest Coalition for Alternatives to Pesticides.

On Tuesday, she said groups which have fought for the action include NCAP, Earthjustice, Washington Toxics Coalition and the Pacific Coast Federation of Fishermen’s Associations.

Code visited Whidbey Island in April to consult with the Port District of South Whidbey on pesticide-free mosquito control.

“Pesticides not only pose a threat to every aspect of salmon survival, from reproduction to their habitat needs, they also present a clear threat to human health,” said Code.

According to Code, labels on some pesticide products indicate that they could drift into sensitive areas or leach into groundwater. But in general, most areas don’t have buffers.

“There are no buffers, you could spray right up to the river,” she said.

In July 2002 Judge John Coughenour found the Environmental Protection Agency out of compliance with the Endangered Species Act with respect to pesticides that pose a threat to salmon. In an order issued last week in the case of Washington Toxics Coalition vs. the EPA and the American Crop Protection Association, the judge said that under the ESA, the EPA is required to ensure the pesticide uses it authorizes will not jeopardize endangered species.

Coughenour ordered the EPA to begin the process of bringing its pesticide authorizations into compliance with the law by consulting with the National Marine Fisheries Service to determine permanent restrictions needed to protect salmon from 54 pesticides.

Code said the fishing and environmental groups have asked the court to impose interim measures to protect salmon from the 54 pesticides during the time it will take EPA to comply with the law. The groups requested buffer zones of 20 yards for ground applications and 100 yards for aerial applications.

“Salmon can’t escape pesticides and the harm they cause in our rivers and streams,” said Erika Schreder of the Washington Toxics Coalition. “This order means salmon will have a fighting chance while EPA does its job.”

A hearing will be held in Seattle on Aug. 14 to decide the size of the buffers required for particular pesticide uses and whether to impose additional restrictions on urban uses of 13 pesticides frequently found in urban streams. Code said at that time Coughenour will make further definition on the ruling and make the order final.