CONTENTS Page Text of S. 1250. Dingell, Hon. John D., U.S. House of Representatives_ Department of Agriculture......- Department of Health, Education, and Welfare. Department of the Interior_ _. (The Department of Justice, the General Accounting Office, and the Office of Emergency Planning advised the committee by letter that Carson, Miss Rachel I., 11701 Berwick Road, Silver Spring, Md... Clapper, Louis S., chief, conservation education division, National Wildlife Federation, 1412 16th Street, Washington, D.C____ Clement, Roland C., staff biologist, National Audubon Society, 1130 2, 10 5, 11 8, 12 Harris, Miss Mary Hazell, executive secretary, Defenders of Wildlife, 46 Letters, wires, resolutions, etc. Alabama Friends of TVA submitted by Hon. Lister Hill__ Austin, Mrs. Herbert T., president, Hartford Audubon Society, Inc., Dillon, Mrs. Sylvia H., 826 North Blanchard Street, Wheaton, Ill___ Flake, Mrs. Lester, president, Proto Club, 2901 Lorraine Ellis Court, Croker, Richard E., executive director, Pacific Southwest Marine Fisheries Commission, 741 State Office Building, 1400 Southwest Rademacher, Mrs. H. S., 1104 West Fifth Street, Grandview, Wash__ Walkup, Gerald, conservation director, National Trappers Association, Young, J. Banks, Washington representative, National Cotton Council Penfold, J. W., conservation director, the Izaak Walton League of America, 322 Bond Building, Washington, D.C____ Plapp, Frederick W., Jr., 2343 Dixon Street, Corvallis, Oreg_ III PESTICIDE RESEARCH AND CONTROLS THURSDAY, JUNE 6, 1963 U.S. SENATE, COMMITTEE ON COMMERCE, Washington, D.C. The committee met, pursuant to notice, at 10:15 a.m., in room 5110, New Senate Office Building, Hon. Warren G. Magnuson (chairman) presiding. The CHAIRMAN. The committee will come to order. There will be several other Senators along, but we want to get started. The purpose of the hearing this morning is to consider S. 1250 and S. 1251, which relate to the use of pesticides. Copies of the bills will be placed in the record at this point together with the agency reports. [S. 1250, 88th Cong., 1st sess.] A BILL To provide for advance consultation with the Fish and Wildlife Service and with State wildlife agencies before the beginning of any Federal program involving the use of pesticides or other chemicals designed for mass biological controls Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That this Act may be cited as the "Chemical Pesticides Coordination Act". SEC. 2. No officer or agency of the Federal Government shall initiate or provide any financial or other assistance for any program involving the use of any chemical insecticide, herbicide, fungicide, rodenticide, or other chemical for the purpose of eradicating or controlling animal or plant pests until such officer or agency has consulted with the United States Fish and Wildlife Service, and through such Service, with the head of the agency exercising administration over the wildlife resources of each State to be affected by the program. SEC. 3. The United States Fish and Wildlife Service shall advise the officers and agencies consulting with it, as required by section 2, of the damage to wildlife resources which might result from any proposed program. Such Service shall cooperate with such Federal officers and agencies in developing programs involving the use of chemical insecticides, herbicides, fungicides, rodenticides, or other methods for the purpose of eradicating or controlling any animal or plant pest, with a view to achieving the results desired while minimizing the undesirable effects of the program on the wildlife resources of the area. In the event any Federal officer or agency shall fail to take any action recommended by the United States Fish and Wildlife Service, such Service shall make a report thereof without delay to the Congress for referral to the appropriate committees. SEC. 4. The Secretary of the Interior may, by regulations, make exceptions from the application of this Act where, by reason of the limited nature of the program or by reason of the proved harmlessness of the chemical involved, little or no damage to wildlife resources could result from the program. SEC. 5. Any Federal department or agency, in submitting requests to the Congress for appropriations for programs involving the use of chemical insecticides, herbicides, fungicides, rodenticides, or other chemicals for the eradi Daniel B. Markel and Michael Pertschuk, staff counsel. 1 cation or control of any animal or plant pest, shall accompany such request by a full description of the proposed program, including the comments and recommendations of the Fish and Wildlife Service of the Department of the Interior. SEC. 6. This Act shall take effect one year from the effective date hereof. [S. 1251, 88th Cong., 1st sess.] A BILL To amend the Act of August 1, 1958, in order to prevent or minimize injury to fish and wildlife from the use of insecticides, herbicides, fungicides, and pesticides Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, That the first section of the Act of August 1, 1958 (16 U.S.C. 742d-1), is amended by inserting “(a)” immediately after "That" and by adding at the end thereof the following new subsection: "(b) On the basis of the studies carried on pursuant to subsection (a) of this section, the Secretary of the Interior shall transmit information to the Secretary of Agriculture as to how, in the use of insecticides, herbicides, fungicides, or pesticides, injury to fish and wildlife can be prevented or minimized and the Secretary of Agriculture, in consultation with the Secretary of the Interior, shall require that such information or warning pertinent to any insecticide, herbicide, fungicide, or pesticide shall appear on the label of each package of such insecticide, herbicide, fungicide, or pesticide, as the case may be, which is required to be labeled under the Federal Insecticide, Fungicide, and Rodenticide Act (7 U.S.C. 135–135K).” SEC. 2. The Act of August 1, 1958 (72 Stat. 479), as amended by the Act of September 16, 1959 (73 Stat. 563), is amended by deleting section 2 and by inserting new sections 2 and 3 as follows: "SEC. 2. The Secretary is authorized "(1) to conduct a program of evaluating chemicals proposed for use as pesticides for the purposes of determining whether the chemicals are harmful or hazardous to the Nation's fish and wildlife resources; "(2) to distribute to interested persons and agencies, both public and private, data collected under this Act showing the effects of pesticides; and "(3) to construct, operate, and maintain facilities, including laboratories, necessary to carry out the purposes of this Act. "SEC. 3. There is authorized to be appropriated such sums as may be necessary to carry out the purposes of this Act." SEC. 3. The amendments made by this Act shall take effect on the one hundred and eightieth day after the date of enactment of this Act. DEPARTMENT OF AGRICULTURE, Hon. WARREN G. MAGNUSON, DEAR MR. CHAIRMAN: Thank you for your letter of April 9, giving us the opportunity to report on Senate bill 1250. The bill is entitled "To provide for advance consultation with the Fish and Wildlife Service and with State wildlife agencies before the beginning of any Federal program involving the use of pesticides or other chemicals designed for mass biological controls." The bill would provide that no officer or agency of the Federal Government shall initiate or provide any financial or other assistance for any programs involving the use of any chemical insecticide, herbicide, fungicide, rodenticide, or other chemical for the eradication or control of animal or plant pests without prior consultation with the U.S. Fish and Wildlife Service and, through such Service, with wildlife agencies in the States involved. The U.S. Fish and Wildlife Service would then cooperate with the officer or agency in the development of the proposed program to achieve the desired results without undesirable effects on wildlife. If the recommendations of the U.S. Fish and Wildlife Service were not followed, that Service would so report to the Congress. Limited programs, or those involving harmless chemicals, may be exempted by the Secretary of the Interior. Any Federal department or agency requesting appropriations from Congress for programs involving the use of an insecticide, herbi cide, fungicide, rodenticide, or other chemical for eradication or control purposes would have to accompany such requests with a full description of the proposed program, together with comments and recommendations of the Fish and Wildlife Service. Chemicals essential to the health and comfort of people, the maintenance of a safe and adequate food supply, and the preservation of our natural resources, must be used intelligently and with full consideration of any possible adverse effect. This involves not only a consideration of fish and wildlife values, but also a most careful evaluation of the effects upon domestic animals, our daily food supply, and upon man himself. Advancements in technology and the rapid expansion in the use of chemicals in all aspects of present-day living demand the closest cooperation and understanding between departments and agencies of Government. The Department of Agriculture is interested in this problem from two standpoints. First, we are concerned about any adverse effects that agricultural programs could have on human health, or on fish and wildlife. Second, we are concerned about any adverse effects on agriculture of programs carried out for other purposes, such as mosquito control by the Public Health Service and predator, aquatic plant, and undesirable fish control by the Fish and Wildlife Service. Accordingly, we have taken the initiative to insure coordinated efforts in the field of pesticidal chemicals. At the requst of the Secretary of Agriculture, a Federal Pest Control Review Board was established in June 1961. Members of the Board include representatives from the Departments of Agriculture; Defense; Interior; and Health, Education, and Welfare. In establishing the Board, it was recognized as essential that any contemplated use of a pesticide chemical be first evaluated as to the good that its use is expected to achieve, the harm which may result, the precautions which should be taken to minimize undesirable effects, and a decision made as to whether any risk that may be involved is warranted in the light of the benefits contemplated. This Board reviews pest control programs in which there is active participation on the part of the Federal Government in planning and developing procedures and some degree of responsibility for supervision. The Board also advises the various departments and agencies of Government concerning problems in the use of pesticides and other chemicals, especially in cases involving interdepartmental interests and responsibilities, to insure that effective. economical, and safe procedures are followed. In particular, the Board considers problems arising from pesticide uses that involve hazards to human health, to livestock and crops, to fish or wildlife, or to the economic well-being of business, industry, agriculture, or the general public. The procedures under which the Board functions are 1. The member departments of the Board submit descriptions of their pest control programs and problems for review and identification of those which have elements of concern to more than one department represented on the Board. 2. Programs and problems for review by the Board may be received from any Federal agency. 3. Programs and problems referred to the Board are screened for interdepartmental interest or responsibility. 4. When it appears that problems can be satisfactorily resolved they are referred to the responsible department or departments for direct consultation and action and the Board is advised of the results of such consultations and actions. In conducting reviews and developing recommendations, it is necessary for the Board to obtain factual data and expert opinion. For this purpose, the Board relies heavily on the Interdepartmental Committee on Pest Control, formed during World War II, which is composed of leading scientists from the Departments of Agriculture; Interior; Defense; Treasury; and Health, Education, and Welfare. This Committee provides for the interchange and coordination of data developed by scientists of the several departments and their cooperating agencies who are well versed in systems of pest control. The Chairman of the Interdepartmental Committee on Pest Control is invited to attend all meetings of the Board. The Board evaluates the best technical estimates of the gains and losses to be expected with and without proposed control programs, the methods and procedures which will minimize adverse effects, the advice of other duly constituted |