For Immediate Release: January 29, 2002

Contact: , American Bird Conservancy, 202/234-7181 ext. 207

Environmental Groups Serve EPA With Notice to Sue Over Bird Deaths

Environmental groups American Bird Conservancy, Defenders of Wildlife and the Biodiversity Legal Foundation today filed a notice of intent to sue the Environmental Protection Agency (EPA) over the pesticide fenthion. The chemical, used to kill adult mosquitoes in Florida , is highly toxic to birds, putting thousands at risk as they winter or breed there. It has already been responsible for the deaths of numerous species, including a federally listed Piping Plover. The so-called "Sixty Day Letter" is required before legal action can be taken in any case involving an endangered species, and provides EPA with sixty days to remedy the situation before litigation can begin. The letter, delivered to EPA Administrator, Christine Todd Whitman today, also outlines violations of the Migratory Bird Treaty Act (MBTA) in the deaths of Dunlin, Sandpipers, Black Skimmer and other birds that have been found on the beaches of Marco Island and other areas that have been sprayed with fenthion by helicopter. The MBTA makes killing any migratory bird without a permit a criminal offense, even if the death was unintentional.

For over a year, American Bird Conservancy has been requesting that EPA cancel all uses of fenthion due to its extremely toxic effect on birds and other wildlife. More than 40 partners joined ABC in a 2000 letter to EPA requesting the pesticide’s withdrawal, and thousands of comments have been generated in the public docket from individuals. Even when used according to label instructions, fenthion is so toxic to birds that it is deadly if inhaled or absorbed through the skin in the tiniest amount. Aquatic organisms, particularly invertebrates such as mussels and shrimp, are also at risk through run-off into streams, lakes and estuaries. In fact it is not used in the Florida Everglades for the very reason of wildlife concerns. Florida is the only state to use the pesticide and other effective and less harmful alternatives are available.

"There is no good reason for the registration of fenthion to continue," said Gerald Winegrad, Vice President for Policy at American Bird Conservancy. "Florida’s unique habitat and geographical situation make it home to a vast number of nesting and migrating birds that are being threatened by the repeated spraying of hundreds of thousands of acres, year-round with this hazardous chemical. Less toxic alternatives are used by all other states, and the desire to protect Florida residents from mosquitoes can be balanced with better stewardship of the state’s wildlife."

The U.S. Fish and Wildlife Service (FWS) has launched a federal investigation into the Florida bird deaths, which has since been passed on to the Department of Justice, and representatives have met with EPA to outline their concerns over the pesticide. Marco Island, where many of the bird deaths occurred, has since been designated Critical Habitat for the Piping Plover, which should limit or preclude the ability of the mosquito control districts to spray fenthion in the area.

Concurrent with the Sixty Day Letter, American Bird Conservancy is also launching a public action campaign aimed at residents of Florida and other states concerned about the bird deaths. ABC's Website, www.abcbirds.org, enables individuals to send e-mails to EPA head Christine Todd-Whitman, the manufacturer, Bayer, Florida Governor Jeb Bush, and the mosquito control districts of Collier and Lee Counties where the pesticide is most frequently used, registering their desire to see the pesticide withdrawn. The website gives detailed background on the chemical and the bird deaths, and is expected to generate thousands of responses.