US EPA releases draft biological evaluations for bicyclopyrone and benzovindiflupyr effects on endangered species

The U.S. Environmental Protection Agency (EPA) is releasing two draft biological evaluations (BEs), which include EPA’s draft Endangered Species Act (ESA) effects determinations for the pesticides bicyclopyrone and benzovindiflupyr on federally endangered and threatened (listed) species and their designated critical habitats. The draft BEs will be available for public comment for 60 days. 

Background on Bicyclopyrone and Benzovindiflupyr 

Bicyclopyrone is an herbicide used primarily to control broadleaf weeds as well as some annual grass weeds in agricultural crops including corn, wheat, barley, and minor crops such as lemon grass, rosemary, wormwood, horseradish, sweet potato, timothy (grown for seed), banana, plantain, papaya, watermelon, strawberry, broccoli, hops, onion (dry bulb and green), and garlic.  

Benzovindiflupyr is a fungicide used on a variety of crops including canola, cereals, corn cotton, cucurbits, dried shelled peas and beans, fruiting vegetables, small fruit vine climbing, grasses grown for seed, onions, peanuts, pome, soybean, sugarcane, tuberous and corm vegetables, sugar beet, and non-food uses on turf and ornamentals. 

In 2015-2016, the Center for Biological Diversity and the Center for Food Safety sued EPA for failing to assess the potential impacts of registering five pesticides, including bicyclopyrone and benzovindiflupyr, on listed species and critical habitats and consult with the U.S. Fish and Wildlife Service and National Marine Fisheries Service (the Services), if necessary, as required by the ESA. In 2022, the D.C. Circuit approved an agreement requiring EPA to publish final BEs with effects determination for two of the pesticides by September 30, 2025. The draft BEs for bicyclopyrone and benzovindiflupyr are an important step towards finalizing the BEs by September 2025. 

Draft Biological Evaluations 

In its draft BEs, EPA evaluated the effects of bicyclopyrone and benzovindiflupyr on 1,725 listed species and 944 critical habitats in the United States and its territories and made draft effects determinations. EPA’s draft effects determinations in the draft BEs find that both bicyclopyrone and benzovindiflupyr are ″likely to adversely affect″ (LAA) listed species and their critical habitats. The LAA determination means that EPA reasonably expects that at least one individual animal or plant, among a variety of listed species, may be exposed to bicyclopyrone or benzovindiflupyr at a sufficient level to have an adverse effect. This is the case even if a listed species is almost recovered to a point where it may no longer need to be listed.  

For species where EPA made a draft LAA determination, EPA also refined its analyses to predict the potential likelihood that bicyclopyrone or benzovindiflupyr use could result in future ″jeopardy″ (i.e., impacts on the likelihood of survival and recovery of listed species populations in the wild) for any listed species or ″adverse modification″ of any critical habitats. In contrast to its LAA determination, EPA’s predictions of the potential likelihood of future jeopardy and adverse modification examine the effects of both active ingredients to populations of a species, rather than to an individual. 

EPA’s draft determinations are that bicyclopyrone: 

• Causes no effect on 450 listed species (26%) and 551 critical habitats (58%). 

  
  

• Is not likely to adversely affect 57 listed species (3%) and 22 critical habitats (2%). 

  
  

• Is likely to adversely affect 1,095 listed species (63%) and 163 critical habitats (17%) but not cause Jeopardy/Adverse Modification. 

  
  

• Is likely to adversely affect 123 listed species (7%) and 208 critical habitats (22%) and cause Jeopardy/Adverse Modification. 

EPA’s draft determinations are that benzovindiflupyr: 

• Causes no effect on 219 listed species (13%) and 236 critical habitats (25%). 

  
  

• Is not likely to adversely affect 186 listed species (10%) and 190 critical habitats (20%). 

  
  

• Is likely to adversely affect 1115 listed species (65%) and 431 critical habitats (46%) but not cause Jeopardy/Adverse Modification. 

  
  

• Is likely to adversely affect 206 listed species (12%) and 87 critical habitats  (9%) and cause Jeopardy/Adverse Modification. 

The draft BEs will be available for public comment for 60 days in the bicyclopyrone docket (EPA-HQ-OPP-2024-0457) and the benzovindiflupyr docket (EPA-HQ-OPP-2024-0458) on regulations.gov. After considering the public comments on the draft BEs, EPA will make appropriate changes, issue final BEs, and initiate consultation, as necessary. If a formal consultation is necessary, the Services will use EPA’s effects determinations to inform their biological opinions, which will include the final determinations of whether a pesticide jeopardizes listed species or adversely modifies critical habitats.