US EPA shares Fish and Wildlife Service’s draft biological opinion for methomyl for public comment

The U.S. Environmental Protection Agency (EPA) is posting and seeking public comment on the U.S. Fish and Wildlife Service (FWS) draft biological opinion (BiOp) for methomyl. The draft BiOp released today covers species under FWS’s purview.

Under the Endangered Species Act (ESA), EPA must ensure that its actions, including most pesticide actions, do not jeopardize listed species or adversely modify their designated critical habitats. If EPA determines in a biological evaluation that use of a pesticide product may affect these listed species or critical habitats, EPA must initiate consultation with the National Marine Fisheries Services (NMFS), FWS, or both (the Services). In response, the Service(s) may develop a BiOp that determines whether the pesticide will result in jeopardy or adverse modification.

Background on Methomyl

Methomyl is an insecticide used on a variety of crops, including field vegetables and orchard crops. In March 2021, EPA completed its final biological evaluation for methomyl. In EPA’s 2021 biological evaluation for methomyl the Agency made ″likely to adversely affect″ (LAA) determinations for 1,098 listed species and 281 designated critical habitats. An LAA determination means that EPA reasonably expects that at least one individual animal or plant of any listed species may be exposed to these pesticides at a sufficient level to have an adverse effect. EPA did not evaluate any predictions of the likelihood of jeopardy for population level effects in methomyl’s 2021 biological evaluation. EPA initiated formal consultation with the Services upon completing this biological evaluation. NMFS completed its final BiOp for methomyl in February 2024 for species under its purview. FWS has developed a draft BiOp for methomyl for species under its purview, which is now being posted for a 60-day public comment period with this announcement.

FWS Draft Biological Opinion

The draft BiOp includes FWS's determinations that, under the ESA, use of methomyl is likely to jeopardize some listed species and adversely modify their critical habitats when used as registered. FWS determined that methomyl is likely to jeopardize 82 listed species and adversely modify 34 designated critical habitats.

The draft BiOp also suggests general categories of potential reasonable and prudent alternatives (RPAs), which are mitigation measures to prevent jeopardy to the species or adverse modification of the critical habitat. FWS will work with EPA and the registrants prior to issuing a final BiOp to tailor the proposed RPAs so they are technologically and economically feasible.

Next Steps

The draft BiOp is available for public comment in docket EPA-HQ-OPP-2024-0290 and will close on September 9, 2024. After the public comment period, EPA will provide FWS with a summary and the full text of comments received for consideration before FWS finalizes the BiOp. EPA will implement the final BiOp.

Read the Draft BiOp for Methomyl