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Feb
01

Federal Agencies Enter MOA on ESA Pesticides Consulting

The Environmental Protection Agency, the Department of the Interior, and the Department of Commerce have signed a Memorandum of Agreement “MOA” that establishes an Interagency Working Group to Coordinate Endangered Species Act Consultations for Pesticide Registrations and Registration Review.

This MOA states that the Working Group shall consist of the Signatory Agencies to the MOA. In addition, the Signatory Agencies request that U.S. Department of Agriculture, the Council on Environmental Quality (CEQ), and the Office of Management and Budget join the WorkingGroup, and that the CEQ serve as Chair of the Working Group.

The MOA provides that Signatory Agencies may request the participation of other federal agencies or offices in the Working Group as appropriate, and they can seeking or receive stakeholder expertise, experience, input, information, or other items deemed appropriate, consistent with the requirements of the Federal Advisory Committee Act.

The MOA states in part that it

“establishes a Working Group to support EPA and the Services in meeting their obligations related to the pesticide consultation process. The Working Group shall consist of the Signatory Agencies to this memorandum. In addition, the Signatory Agencies request that USDA, the Council on Environmental Quality (CEQ), and the Office of Management and Budget (OMB) join the Working Group, and that CEQ serve as Chair of the Working Group. The Signatory Agencies may also request the participation of other federal agencies or offices in the Working Group as appropriate….

Federal agency coordination and support is necessary to meet ESA obligations with regard to pesticide consultations. The Working Group will (1) outline a legal and regulatory framework by analyzing the relevant statutes, regulations, and case law, (2) review past pesticide consultation practices to learn from those experiences, (3) develop scientific and policy approaches that will increase the accuracy and timeliness of the pesticide consultation process, and (4) memorialize the proposed approach through a memorandum of understanding, revised regulations, or another legal mechanism….”

Click here to read the entire MOA.

 

 

 

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