REGULATORY CONSIDERATIONS WITH BIOLOGICAL CONTROL OF PUBLIC HEALTH PESTS

Abstract

Laws and regulations specifically focused on biological control of public health pests are rare, so public health staff that implement biocontrol programs for mosquitoes must be familiar with a large number of more general statutory and regulatory requirements that do apply, and that have become increasingly demanding in recent years. These requirements can be divided into two basic categories. First, numerous laws and regulations directly govern introductions or relocations of living organisms; while most focus on ‘‘pest’’ or ‘‘nuisance’’ species and how to minimize their potential negative impacts, some specifically address biological control activities. Second, a wide range of general-purpose environmental statutes, including laws protecting endangered species, regulating pesticide use, protecting water quality, and requiring evaluation of environmental impacts, regulate biological control programs indirectly. Compliance with all the relevant laws and regulations can be challenging, in part because of the sheer number and variety of requirements, but also because the requirements of different laws, agencies, or levels of government are frequently ambiguous or contradictory, and finally because they vary dramatically depending on the site and the species used. In some jurisdictions such as California, Hawaii, or New Zealand, which have large numbers of rare or endemic organisms and well-developed agricultural sectors, the regulatory requirements for releasing novel biological control agents can be quite stringent. In other places and/ or with more familiar or established organisms such as Gambusia affinis, specific rules may be nonexistent or straight-forward, though general environmental laws can still demand considerable attention and care. This chapter is divided into five sections, starting with an introduction to essential legal and regulatory concepts and terms. The second section reviews governmental oversight over the release or relocation of living organisms in general, while the third more narrowly focuses on regulation of biological control in particular. Next is an introduction to general environmental statutes, including the National Environmental Policy Act (NEPA), the Endangered Species Act (ESA), the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Clean Water Act (CWA), and equivalent statutes in other jurisdictions. Finally, a case study of fish stocking for mosquito control in California illustrates many of the regulatory principles and challenges associated with biological control of public health pests. This chapter emphasizes U.S. and, even more specifically, California laws and regulations; though the principles are broadly applicable, some laws and regulations from other jurisdictions are also used to illustrate variations.