February 2004

Regulation by Innundation

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The research director of Collier County Mosquito Control District in Naples, FL penned an opinion paper recently concerning the reregistration process of fenthion (Baytex®), which is used to control adult mosquitoes. At first, the EPA held a series of public meetings with people interested in this compound, and it appeared that the material would be reregistered with minor data submissions from the registrant. Then the American Bird Conservancy (ABC) and the U.S. Fish and Wildlife Service “entered the picture.”

The Service provided the Agency unpublished data regarding bird mortality in Marco Island, FL. Various mosquito control groups wanted to look at these data, but since the investigation was “ongoing,” the EPA could not share it with them (the report has still not been released). At that point, ABC and other groups mounted a media campaign to stop reregistration of fenthion. As a result of the activist pressure, the Agency proposed new labeling with “ridiculous” requirements.

Towards the end of the process, the director stated that it became apparent that the litigants were setting policy for EPA. During several discussion between mosquito control district and Agency personnel, EPA staffers made several comments such as “we’ll have to run that by the litigants to see if they will accept it...” or “we can’t do that because the litigants will not accept that change.”

Rather than blaming the activists, the director feels that lack of support by other mosquito control districts around the county was a major contributing factor to the regulatory outcome of cancellation. When this lack of solidarity is added to the media campaign pressure, it is easy to see how EPA makes decisions which are not based on sound science. He advocates for people at the districts, at the universities, and at the health departments to get involved with this process so that other effective materials are not lost in the same manner.

In a related story, UC Davis researchers have found a population of mosquito (Culex pipiens) in Marin County, CA that is tolerant of the pyrethroid adulticides resmethrin and permethrin. The scientists did not believe that it was a widespread phenomenon, and cited findings of tolerant mosquitoes in Louisiana and Ohio. The interesting fact is that pyrethroid-resistant mosquitoes were found to be more susceptible to organophosphates (OPs). The lead researcher stated that “if we remove the use of the OPs completely, we might be removing a very useful tool.” (Wing Beats, Winter 2003 & Pesticide & Toxic Chemical News, 1/19/04).

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