The Saint Regis Mohawk Tribal Council(SRMT) announced they have adopted a Tribal Pesticide Regulation through the signing of Tribal Council Resolution on Tsiothorhkó:wa/January 8, 2020 — after a 30-day comment period and three public meetings were held in March of 2019 that engaged the community.
Over the years, members of the Saint Regis Mohawk Tribal Council have supported many environmental protection initiatives. Most notably, Chief Beverly Cook and Chief Eric Thompson have taken a special interest in environmental justice issues and have been supportive of developing policies and best practices to help reduce disparate impacts on the community.
These newest regulations were initiated by the Tribe’s Environment Division, which ensures the protection of the community’s health as a whole by reducing unnecessary exposure to harmful pesticides.
“With concern across the country associated with the usage of a popular herbicide, local measures are needed to help govern pesticide usage under the jurisdiction of the Tribe,” stated Les Benedict, SRMT Environment Division Assistant Director.
With respect to pesticide usage the SRMT has the authority, responsibility and jurisdiction to exercise sovereign rights in governing pesticide usage on the territory.
The EPA’s regulations under Environmental Protection Acts, Title 40 of the Code of Federal Regulations (CFR) Part 171 provide that the EPA can implement a federal plan for the certification of applicators of RUPs where no other EPA-approved state or tribal applicator certification plan is in effect.
Benedict says, “the Tribal Pesticide Regulations provides a plan for certifying and regulating usage of pesticides that are restricted and those for general use.”
Benedict stated that there are many varieties of pesticides used to control insects or other organisms, with approximately 80% of those being herbicides for controlling unwanted plants.
The Tribal Pesticides Regulations will regulate the commercial use of General Use Pesticides(GUPS) — those that can be purchased in any hardware store or supermarket. General-use pesticides are intended, and approved, for use by the general public.
However, the new regulation will also govern the use of both private and commercial application of Restricted Use Pesticides (RUPs).
RUPs have the potential to cause unreasonable adverse effects to the environment and injury to applicators or bystanders without added restrictions. RUPs are not available for purchase or use by the general public. Therefore, only certified applicators or those under the supervision of a certified applicator may use these types of pesticides.
For reference purposes, the EPA has registered about 1,200 RUPs, which, the Agency estimates, are applied by about 1 million applicators nationwide, including those working on many small farms under the supervision of the farm owner/operator.
Businesses or individuals that intend to use either type of pesticide within the jurisdiction of the Saint Regis Mohawk Tribe are required to register through the Tribe’s Compliance Department for a one year permit at a cost of one hundred and twenty US dollars.
Restricted Use Pesticide Applicators are also required to possess a federal certificate from the U.S. Environmental Protection Agency.
A downloadable version of the Tribal Pesticides Regulation and the process for an application can be found via the Saint Regis Mohawk Tribe’s website at https://www.srmt.nsn.gov/_uploads/site_files/TCR-2020-01-Adopt-Saint-Regis-Mohawk-Tribe-Pesticide-Regulation.pdf.
Copies are also available from the Tribal Clerk’s Office located at the Ionkwakiohkwaróron Tribal Administration Building at 71 Margaret Terrance Memorial Way in Akwesasne, NY.
By: Regan Jacobs, Director/Executive Producer, Akwesasne TV
