However, we defer to the Department of the Interior as to the need for this provision.

The provisions of that part of the proposed amendment dealing with the labeling of products registered under the Federal Insecticide, Fungicide, and Rodenticide Act would appear to create the possibility of a conflict of authority between the Secretary of Agriculture and the Secretary of the Interior in the administration of the Act. Further, these provisions are being carried out administratively through an interdepartmental agreement among the Departments of Health, Education, and Welfare; the Interior; and Agriculture developed as a result of the President's Science Advisory Committee report on the "Use of Pesticides." Therefore, this Department recommends against section 1(b) of H.R. 487. The Bureau of the Budget advises that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely yours,

ORVILLE L. FREEMAN, Secretary.

DEPARTMENT OF HEALTH, EDUCATION, AND WELFARE,

February 26, 1968. Hon. EDWARD A. GARMATZ, Chairman, Committee on Merchant Marine and Fisheries, House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: This letter is in response to your request of January 20, 1967, for a report on H.R. 487, a bill to amend the act of August 1, 1958, in order to prevent or minimize injury to fish and wildlife from the use of insecticides, herbicides, fungicides, and pesticides and for other purposes.

Section 1 of H.R. 487 would require the Secretary of the Interior on the basis of studies of the effects of insecticides, herbicides, fungicides, or pesticides on fish and wildlife, to transmit to the Secretary of Agriculture information as to how, in the use of such chemicals, injury to fish and wildlife can be prevented or minimized. The Secretary of Agriculture, in consultation with the Secretary of the Interior, would be required to have such information appear on the label of each package of pesticides which is required to be labeled under the Federal Insecticide, Fungicide, and Rodenticide Act.

Section 2 of H.R. 487 would authorize the Secretary of the Interior to conduct a program of evaluating chemicals proposed for use as pesticides, to determine whether the chemicals are harmful or hazardous to fish and wildlife; to distribute data showing the effects of pesticides on fish and wildlife; and to operate and maintain facilities necessary to these purposes. It also provides for an increase in the present appropriations ceiling for the Department of Interior.

We are in accord with the objectives of this bill to give due consideration to the interests of conservation of fish and wildlife in the regulation of pesticides. However, due consideration should be given also to the harmful or hazardous effects of pesticides on humans, domestic animals and agricultural crops. We believe, however, that Section 1 of the bill in regard to labeling is unnecessary. In 1964 an interdepartmental agreement was entered into between the Departments of Agriculture. Interior, and Health, Education, and Welfare to coordinate the activities of the three departments pertaining to pesticides. This agreement outlines the responsibilities of the respective departments which relate to the registration of pesticides and the setting of tolerances for pesticide residues. The agreement further provides that each department will undertake to keep each of the other departments fully informed of developments in knowledge on this subject from research or other sources which may come into its possession. The agreement also outlines the procedures to implement these interdepartmental coordination procedures. This interdepartmental agreement is intended to provide a mechanism for the efficient coordination of matters relating to pesticides which Section 1 of H.R. 487 undertakes to remedy. A copy of this agreement is attached for your information.

We defer to the views of the Department of the Interior with respect to Section 2 of the bill.

We are advised by the Bureau of the Budget that there is no objection to the presentation of this report from the standpoint of the Administration's program. Sincerely,

WILBUR J. COHEN,

Under Secretary.

EXHIBIT X1-945-1

MEMORANDUM OF AGREEMENT

(Organization)

Memorandum of Agreement Between the Department of Agriculture, the Department of the Interior, and the Department of Health, Education, and Welfare on Interdepartmental Coordination of Activities Relating to Pesticides

PURPOSE

Coordination of activities of the three departments pertaining to pesticides with special reference to registration and the setting of tolerances to give effect to the pertinent recommendations of the May 15, 1963, report of the President's Science Advisory Committee on "Use of Pesticides."

The following responsibilities of the respective departments relate to the registration of pesticides and the setting of tolerances for pesticides residues: Department of the Interior

Fish and Wildlife Service. Conserving beneficial wild birds, mammals, fish and their food organisms and habitat, with regard to pesticides.

Department of Health, Education, and Welfare

U. S. Public Health Service. Protecting and improving the health of man in regard to pesticides.

Food and Drug Administration. Establishing tolerances for pesticides in or on raw agricultural commodities and processed foods.

Department of Agriculture

Agricultural Research Service. Providing for the safe and effective use of pesticides, including the registration thereof.

1. Information

AGREEMENT

Each department undertakes to keep each of the other departments fully informed of developments in knowledge on this subject from research or other sources which may come into its possession. Additionally, the Department of Agriculture undertakes to furnish to the other two departments on a weekly basis a listing of all proposals affecting registration and re-registration, and the Department of Health, Education, and Welfare undertakes to furnish to the other two departments on a weekly basis a listing of all proposals affecting tolerances. Upon request, the Departments of Agriculture and Health, Education, and Welfare respectively will furnish to the other departments full information about any pending action on registration or the setting of a tolerance.

2. Procedure

(a) Each department will designate a scientist to act on behalf of such department in carrying out the terms of this agreement. The weekly listings from the Departments of Agriculture and Health, Education, and Welfare and any additional information relating thereto will be directed to these representatives.

(b) The departmental representative will review the weekly listings of actions pending. If there is reason to question any of the items on that list, this will be communicated to the originating department within one week stating the specific reason for need for further review.

(c) Upon receipt of such request the originating department will furnish the necessary information and make the necessary arrangements for further review and will withhold final action on the matter for an additional three weeks.

(d) If one department concludes that the proposal should be rejected in whole or in part, this view shall be expressed in writing and shall be supported by appropriate scientific evidence. Upon being notified, the department responsible for final action will take the initiative to work out a basis for agreement.

(e) In the event agreement is not reached among the department representatives within two weeks of the initial objection, the matter will then be referred directly to the Secretary of the department responsible for final action with such

information, views, and recommendations as the three department representatives deem appropriate.

(f) The Secretary of the department charged with final action may then avail himself of what ever administrative and scientific review procedures seem appropriate under the circumstances. The other two departments will be notified in advance of the proposed final determination of the issues.

(g) The department representatives will jointly make a quarterly report concerning their activities to the secretaries of the three departments.

(h) The departmental representatives are authorized to review questions involving existing patterns of use of pesticides or tolerances upon which they have reason to believe that critical questions exist.

3. Conference

At least once each year the departmental representatives will arrange a general conference to discuss research needs, research program and policy, and the application of research findings in action programs, including public information relating to pesticides.

4. Federal Pest Control Review Board

The Federal Pest Control Review Board may be asked from time to time to consider broad questions on policies relating to pesticides involving the interrelationships of control programs, research, registration, tolerances, and general departmental recommendations to the public.

Date: Apr. 8, 1964

Date: Mar. 27, 1964

Date: Apr. 3, 1964

ORVILLE L. FREEMAN,

Secretary, Department of Agriculture.

STEWART L. UDALL,

Secretary, Department of the Interior.

ANTHONY J. CELEBREZZE,

Secretary, Department of Health, Education, and Welfare.

Hon. EDWARD A. GARMATZ,

U.S. DEPARTMENT OF THE INTERIOR,

OFFICE OF THE SECRETARY, Washington, D.C., February 23, 1968.

Chairman, Committee on Merchant Marine and Fisheries,
House of Representatives, Washington, D.C.

DEAR MR. CHAIRMAN: Your Committee has requested this Department's report on H.R. 487, a bill to amend the Act of August 1, 1958, in order to prevent or minimize injury to fish and wildlife from the use of insecticides, herbicides, fungicides, and pesticides, and for other purposes.

We recommend the enactment of H.R. 487 with the changes recommended herein.

Section 1 of the bill would amend the Act of August 1, 1958 (72 Stat. 479; 16 U.S.C. 742d-1), in three ways.

The bill would add a new subsection to section 1 of the Act which would require the Department to make information available to the Secretary of Agriculture relative to how pesticides, etc., may be used so that they will not injure fish or wildlife or so that the injury will be minimized. It would also require the Secretary of Agriculture to put this information on pesticide labels.

We believe that this subsection is unnecessary. The objective of the proposed subsection is the subject of administrative agreement between the Departments of Interior, Agriculture, and Health, Education, and Welfare.

The bill would add a new section 2 to the 1958 Act which would authorize the Secretary to conduct programs of evaluating chemicals to determine their potential harm to fish and wildlife resources and to distribute the results of these studies to interested people and agencies.

Section 7 of the Fish and Wildlife Act of 1956 now directs the Secretary of the Interior to

"(4) take such steps as may be required for the development, advancement, management, conservation, and protection of the fisheries resources; and

"(5) take such steps as may be required for the development, management, advancement, conservation, and protection of wildlife resources

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through research, acquisition of refuge lands, development of existing facilities, and other means."

In addition, section 5 of that Act directs the Secretary to conduct continuing investigations and disseminate information relative to the conservation and protection of fish and wildlife.

This Department, therefore, has adequate authority under the 1956 Act not only to do all that would be authorized by the new section 2 of the bill, but also to carry out a comprehensive pesticide research program. Incidentally, the Department now also has authority to conduct pesticide research in connection with our responsibilities under the Federal Water Pollution Control Act, as amended.

We recognize, however, that in 1958 we supported this legislation because it would provide the emphasis that was then and still is needed to make the public aware of the problems associated with the use of pesticides. Again in 1959 and 1965 we supported an extension of the legislation. We still strongly support the program and believe that the legislation should be extended. We believe, however, that it is not necessary to amend the 1958 Act in any way, except to extend it beyond June 30, 1968. This latter change is urgently needed because the appropriation authorization under the 1958 Act terminates on that date. We could, of course, and would continue this important program, and seek appropriations therefor under the authority of the Fish and Wildlife Act of 1956, if action is not taken on this bill during the 90th Congress. We believe, however, that it would be better to extend the 1958 Act authorization indefinitely without a dollar ceiling as the President recommended in 89th Congress. The Bureau of the Budget has advised that there is no objection to the presen⚫ tation of this report from the standpoint of the Administration's program.

Sincerely yours,

CLARENCE J. PAUTZKE,

Deputy Assistant Secretary of the Interior.

Mr. DOWNING. Our first witness will be the distinguished assistant secretary for Fish and Wildlife and Parks, Dr. Stanley A. Cain.

STATEMENT OF DR. STANLEY A. CAIN, ASSISTANT SECRETARY FOR FISH AND WILDLIFE AND PARKS, DEPARTMENT OF THE INTERIOR; ACCOMPANIED BY DAVID FINNEGAN, SOLICITORS OFFICE; R. E. JOHNSON, ASSISTANT DIRECTOR, BUREAU OF SPORT FISHERIES; AND ROLAND F. SMITH, ASSISTANT DIRECTOR OF BIOLOGICAL RESEARCH, BUREAU OF COMMERCIAL FISHERIES Dr. CAIN. I would like to give testimony on H.R. 487 and at the end of my testimony call attention to the fact I am scheduled to be heard on another committee nearby and the gentleman with me will carry on in this hearing.

I would like to testify on H.R. 487. This is because the Department of Interior is the Federal custodian of fish and wildlife resources and we are concerned about their protection and perpetuation.

About 130,000 metric tons of pesticides are being applied on a world basis annually. A report on the world food supply written by a panel appointed by the President's Science Advisory Committee states that 700,000 metric tons of pesticides will be required if food production in the developing world is to be doubled by 1985.

This sixfold increase in the tonnage of toxic chemicals that annually rain down upon land and water areas of the world could have profound effects upon many forms of life other than the target pests.

Residues of several persistent pesticides such as DDT and dieldrin are now found in all major waters of this country. For example, there has been a great deal of publicity recently regarding pollution of the

Great Lakes, including pollution by pesticides, but their effects upon the living resources are still largely unknown.

The world we live in has evolved over millions of years and the living creatures now inhabiting the earth have had plenty of time for slow adaption to nature. With pesticidal chemicals, however, man has changed this natural environment within one generation.

No one can predict whether man and other creatures can adapt biologically to the drastic and rapid changes now being wrought. It is thus imperative that we intensify our studies of the effects of pesticides upon all major forms of life.

H.R. 487 is a proposal to prevent or to minimize injury to fish and wildlife from the use of pesticides. The bill requires the Secretary of Agriculture to include certain information on the labels of each pesticide container registered under the Federal Insecticide, Fungicide, and Rodenticide Act warning the user of these pesticides of possible hazards to fish and wildlife.

The bill also requires the Secretary of the Interior to inform the Secretary of Agriculture on how pesticidal injury to fish and wildlife can be avoided or held to a minimum in the use of these chemicals.

The Department of the Interior is in complete agreement with these objectives; however, they are being achieved through administrative action based on an agreement between this Department, the Department of Health, Education, and Welfare, and the Department of Agriculture.

There is close cooperation between the registration sections of these three departments.

Under the terms of the agreement, the Pesticide Registration Division of the Department of the Interior receives applications daily from the Department of Agriculture for registration and reregistration of pesticidal chemicals, according to provisions of the Federal Insecticide, Fungicide, and Rodenticide Act.

Our staff promptly submits the conclusions of their review to USDA, advising them of any potential hazard to fish and wildlife, and recommending any appropriate modification of label instructions or warnings. Since July 1964, when the agreement was signed, the USDA has submitted over 25,000 labels for consideration by the Interior staff.

H.R. 487 also authorizes the Secretary of the Interior to conduct programs evaluating the potential hazard of pesticidal chemicals to living resources. The results of these investigations are to be distributed to interested parties.

Within the limits of time and money, we can continue to perform these activities under existing statutory authority of the Department of the Interior. The registration of pesticides and the labeling of containers are now being done in a satisfactory manner by interdepartmental agreement, and pesticide research is carried on under existing statutory authority, so it would seem that these provisions of H.R. 487 are not necessary.

In 1958 we supported legislation authorizing pesticide research, and we supported an extension of the legislation in 1959 and 1965. A further extension is needed because the appropriation authorization terminates on June 30, 1968.

We could continue this important program and would seek appro