The report posted at www.fukubonsai.com/M-L2b1a.html
provided extensive background information describing the anchialine pond
crisis citing the need to again utilize rotenone to remove alien
predators from Hawaii's unique anchialine ponds.
Rotenone had been very effectively used in the past but became
prohibited as a result of the 2001 Headwaters v. Talent case. The
9th Circuit Court of Appeals ruled that an National Pollution Discharge
Elimination System (NPDES) permit was required for any use of a
pesticide in waterways. The Hawaii Department of Health is authorized to
issue NPDES permits in Hawaii under the Federal Clean Water Act (CWA).
Prior to the ruling, the NPDES permit was not required as pesticide
usage was regulated by the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA) and administered by the Hawaii Department of
Agriculture Pesticide Branch who conduct classes and issues pesticide
applicator certifications. The additional requirement of NPDES permits
that were impossible to obtain in Hawaii prevented removal of alien
predators from the anchialine ponds. THIS
In January 2005, the Environmental Protection Agency issued an
Interpretive Statement and Guidance Memorandum that is at odds with the
federal court rulings and proposes agency rulemaking that will clarify
the overlapping of the Clean Water Act and FIFRA.
Congressional legislation has also been introduced that clearly state
that a NPDES permit is not required when a pesticide is applied
consistent with its label. United States Senator Jim Inhofe (R-Okla.),
Chairman of the Environment & Public Works Committee has introduced
bipartisan legislation titled: "Pest Management & Fire
Suppression Flexibility Act."
On September 29, 2005, Congressman Butch Otter (R-Idaho) and Dennis
Cardoza (D-Calif.) introduced "Pest Management & Fire
Suppression Flexibility Act" (H.R. 1759) at a hearing before the
Subcommittee on Water Resources and the Environment of the House
Transportation and Infrastructure committee.
All involved in conservation activities to restore the anchialine
ponds are urged to contact the Hawaii congressional delegation to
request support for this legislation. Upon passage, the NPDES permit
will no longer be required.
However, a pesticide applicator certification will still be required
to utilize rotenone to remove alien predators from anchialine ponds.
Potential applicators are urged to obtain certification. For more
information, contact Robert A. Boesch, Pesticide Manager, Department
of Agriculture at phone (808) 973-9404 or email: firstname.lastname@example.org
After several years of frustrations, there is now a clear path. Please
spread the word and assist in building support to restore the