One hundred ninety-nine dead birds: Review of the scientific basis of ecological incident reporting requirements for pesticide registrants under Fifra § 6(A)(2)

The U.S. Environmental Protection Agency (EPA) regulates pesticide use in the United States. The EPA is charged by the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) with ensuring that a pesticide will not cause unreasonable adverse effects on the environment. Incident reports (documentation of exposure and injury from pesticide applications) can serve as a reality check on the pesticide registration decisions made by the EPA scientists and risk managers. The EPA collects incident reports on human, domestic animal, and ecological injury. The FIFRA section 6(a)(2) rule requires the pesticide registrant (generally, the company or other entity that wishes to market the pesticide, hereafter registrant) to submit such data to the EPA.

The EPA’s ecological incident category includes injuries to aquatic (fish), terrestrial (wildlife), other non-target organisms (ONT, e.g., invertebrates) and plants. Our document focuses on the fish and wildlife ecological incidents that are submitted by registrants. We critique the application of the FIFRA section 6(a)(2) rule that controls the quality and quantity of ecological incident data that the EPA receives from registrants. We conclude that the section 6(a)(2) provisions can impede the transfer of ecological incident data from registrant to the EPA. Consequently, detailed data for many fish and wildlife incidents may never reach the EPA, and policies and decisions may be formulated in the absence of these data.