• Citizens Association to Save the Environment; Ecological Health Alliance; Sierra Club – Victoria Group v. Deputy Administrator, Pesticide Control Act

    Decision Date:
    1993-04-08
    File Numbers:
    Decision Numbers:
    92/13
    Third Party:
    Canada Minister of Agriculture, Permit Holder
    Disposition:
    UNANIMOUS DECISION OF THE PANEL TO REJECT THE THREE APPEALS AND UPHOLD THE PERMIT AS ISSUED

    Summary

    Decision Date: April 8, 1993

    Panel: Harry D.C. Hunter, Colin Palmer, Dr. John Smith

    Three appeals against the issuance of Pesticide Use Permit 214-014-93/94 authorizing the aerial and ground spray of FORAY 48B (BtK) for eradication of european gypsy moth in Saanich.

    The grounds for appeal addressed impacts on non-target moths and butterflies (lepidopterans), birds and people. The Panel found that while non-target lepidopterans could be minimally affected by the spray, the establishment of the moth would also affect them. There was no evidence presented to support the Appellants’ contentions that use of the pesticide as authorized by the permit would result in an unreasonable adverse environmental impact. The appeals were denied.

    The Panel recommended that if the permit holder found it necessary to exercise the second year of the permit, the permit holder contact the Appellants as soon as possible to review the possibility of using volunteers to conduct a seek and destroy program as so avoid the need for further spraying.