Dickcissel
Dickcissel
Advocacy

Dicamba Danger

Birds and pollinators are at risk
Dickcissels breed in agricultural fields. Photo: Matt Stephenson
Dickcissels breed in agricultural fields. Photo: Matt Stephenson
Advocacy

Dicamba Danger

Birds and pollinators are at risk

Audubon believes that working lands can work for birds and people. But the increasing use of dicamba is putting birds at risk in our agricultural landscape. Dicamba is an herbicide, the use of which is skyrocketing because Monsanto/Bayer is pushing its soybean and cotton varieties that have been genetically modified to be resistant. Dicamba's volatility means it can do damage to non-GMO crops and native plants far beyond where applied.

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TELL THE PLANT BOARD TO KEEP RESTRICTIONS IN PLACE

On March 3, the Plant Board voted 8-7 to accept a crop consultant’s request to go with the full federal label for spraying dicamba, undoing all of the state-level restrictions put in place since 2017 intended to safe guard surrounding lands from chemical trespass. If this proposal takes effect, dicamba will be sprayed into June and July, during hot summer days when volatility and atmospheric loading will cause damage to sensitive plants on farms, home gardens, university research stations, wildlife management areas, city parks, cemeteries, and more. Gone will be the May 25 cutoff date on spraying along with the 1-mile buffer protections for specialty crops and the prohibition of mixing Roundup in the tank (which increases dicamba’s volatility). A 30-day public comment period is open through April 24. We are collecting comments through April 19 to submit to the Plant Board. Submit a comment now. The virtual public hearing will be May 3 at 9:30; register online to give a comment. Or simply watch via Zoom by clicking here the day of the hearing.

DOCUMENTING DAMAGE

In 2019 and 2020, Audubon led a community science project to monitor and document dicamba herbicide damage to vegetation on public lands in order to gain a better understanding of the geographic range, extent, and severity of unintended damages. The full report is attached below.

Our data reveal that dicamba’s off-target impact to plants is widespread in both geographic scope and number of species afflicted. Audubon staff and trained volunteers made 363 observations of apparent dicamba symptomology on a variety of plants across 20 eastern Arkansas counties. Plant species impacted, which included sycamore, oak, pawpaw, redbud, and trumpetvine, were growing on public lands such as university research farms, wildlife management areas, city parks, cemeteries, and many county and state roads. This includes three state natural areas that harbor the endangered species Red-cockaded Woodpecker and Pondberry. There are at least 39 instances where our observations occurred within two miles of where Plant Board inspectors collected pigweed tissue samples that tested positive for dicamba on dates that are after the May 25 cutoff.

A 2020 report by National Wildlife Federation, Prairie Rivers Network, and Xerces Society, "Drifting Toward Disaster," summarizes what we know, and don't know, about dicamba's off-target impacts (attached below).

LEGAL CHALLENGES

In February 2020, a Missouri peach farmer won a suit against Bayer and BASF for damages to his farm. Documents brought to light in the investigation show the chemical companies released their products knowing that dicamba would cause widespread damage to crops that weren’t resistant to dicamba. They used “protection from your neighbors” as a way to sell more of their products. In doing so, the companies ignored years of warnings from independent academics, specialty crop growers and their own employees. In June, A panel of judges for the U.S. Court of Appeals for the Ninth Circuit ruled that the EPA failed to properly consider the impacts on farmers and the environment in approving new dicamba products. They vacated -- or ended -- the registration immediately. Increduously, the EPA promptly re-registered dicamba in October. Though they imposed yet more restrictions in an attempt to further reduce the damage done by volatility, this rushed decision is going to be challenged in the courts. Recently the EPA admitted that the previous administration ignored the science when registering dicamba.

BACKGROUND

After receiving 1,300 complaints about damage to crops, trees, and more, the Plant Board instituted an emergency ban on the growing season use of dicamba. In 2017, Governor Hutchinson convened an 18-member task force representing a cross-section of those most affected by the issues surrounding dicamba use. After examining all sides of the issue and hearing from a variety of experts and stakeholders, the task force came to a consensus that the cutoff date for the in-crop use of dicamba in Arkansas should be April 15. They decided this issue should be revisited for the 2019 growing season after more research has been done.

Research conducted by the University of Arkansas shows that the new dicamba formulations are volatile—the product can move off target in all directions, damaging 1.5-times more acres than are treated. The high temperatures and humidity we experience in Arkansas’ warmer months can dramatically increase volatility and thus collateral damage. Damage has already been documented to non-resistant crops, honeybee production, nearby trees, duck food, and native plants and pollinators. In a landscape full of GMO crops, the build-up of volatile dicamba could be enough to damage our state natural areas, wildlife management areas, national wildlife refuges, family farms, and the wildlife they harbor.

Despite the scientific evidence, the Arkansas State Plant Board voted on December 6, 2018, to extend the cutoff date and allow dicamba use to May 21. Governor Hutchinson approved their proposal. This started a 30-day public comment period, which closed Feb. 5. At a public hearing on February 20, to our shock and dismay, the Plant Board voted to advance the cutoff date even further into the growing season, to May 25, and to cut back buffer widths and make other changes that were not in the original proposal the public commented on. Following that Audubon and our advocates contacted legislators who review state agency rule changes. We made the case the Plant Board did not follow proper procedures nor their mission. Despite tough questioning of Plant Board staff, approval was granted and the rule change became law.

Rains and flooding delayed the 2019 and 2020 planting seasons. In spite of the law, dicamba spraying was widespread throughout those summers. Proof is in the 428 tissue samples collected by Plant Board inspectors from 163 fields that have tested positive for dicamba so far, and the 400 dicamba misuse complaints submitted so far. Cases are still being investigated and tissue samples are still being processed, indicating more proof of widespread illegal dicamba use is to come. It is under these conditions that we launched our community science monitoring project.

University of Arkansas weed scientist Dr. Jason Norsworthy has reported on multiple occasions to the Plant Board the latest research findings on dicamba's volatility from AR and other states. Though there are some promising "volatility reducing agents" on the horizon, the science so far concludes that it can’t be controlled, and thus dicamba cannot be sprayed in warm weather without off-target impacts. Despite hearing the science and receiving a majority of public comments that requested a mid-April cutoff, on December 11, the Plant Board voted to not change the regulations going into 2020. On December 2, 2020, they voted again to keep current dicamba restrictions in place for 2021, despite an attempt to move the spray cutoff from May 25 to June 15.

Hear more of the story in this Us & Them podcast.

Dickcissels breed in agricultural fields. Photo: Matt Stephenson

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