USDA TO PUT 400 FARMERS OUT OF BUSINESS AND TAKE MONARCHS AWAY FROM SCHOOL KIDS TO PROTECT WEED PLANT IN ARIZONA

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1 USDA TO PUT 400 FARMERS OUT OF BUSINESS AND TAKE MONARCHS AWAY FROM SCHOOL KIDS TO PROTECT WEED PLANT IN ARIZONA History of Live Butterfly Releases in the United States Butterflies have been raised and released by school children and others for decades. A company called Insect Lore in California, has sold over 8 million Painted Lady larvae to schools for the purpose of life-cycle education. All butterflies raised are released into the environment. In the last 8 years, The University of Kansas Monarch Watch Program has shipped out approximately 250,000 monarch larvae and currently ships approximately 50,000 monarch larvae per year. The larvae are sold and shipped mainly to school children and the larvae are raised and the students release the butterflies into the environment. The money raised by Monarch Watch helps to support their $200,000 - $300,000 annual operating budget. USDA Requires Permits for Interstate Shipments of Butterflies Commercial butterfly farms began selling adult butterflies for release at special occasions during the 1990 s. In 1997, under the direction of Dr. Robert Flanders, USDA's expert entomologists completed a risk assessment study and selected nine butterflies to be allowed for release and to require permits for interstate shipments for the purpose of releasing butterflies. According to Dr. Flanders, the USDA determined that these nine butterflies are safe for this practice due to widespread distribution, weedy host plants, and/or restricted feeding on host plants of limited distribution". USDA experts concluded that these nine butterflies could be safely shipped interstate for release to the environment as their study determined there would be no risk to wild butterfly populations or the environment: The nine butterflies selected by USDA are Monarchs, Painted Lady, American Lady, Gulf Fritillary, Mourning Cloak, Red Admiral, Eastern Black Swallowtail, Giant Swallowtail and Zebra Longwings. During this time and up to the present, a group of active butterfly enthusiasts began to criticize butterfly releases, stating they were harmful to the environment and other butterfly populations, but these claims have never been scientifically substantiated with facts or studies. Many well-known and highly respected experts responded to these unsubstantiated claims and statements to show that the statements are false and that butterfly releases are safe, safe to both wild populations of butterflies and the environment. See for more information in the "What the Experts Say" section of the website. These experts include a wildlife biologist, an insect pathologist, a population geneticist, lepidopterists and entomologists.

2 The International Butterfly Breeders Association is Founded In 1998, the The International Butterfly Breeders Association, Inc. (IBBA) was founded. The IBBA requires its members to adhere to a code of ethics and promotes breeder education and standards with regard to rearing operations and providing high quality butterflies for beautiful releases at weddings and other special occasions, as well as providing caterpillars and raising kits to school children. The IBBA designed and is implementing a voluntary tagging program to begin in 2002, so that field researchers will be able to differentiate between lab-reared Monarchs and butterflies from the wild. The IBBA and its members are actively involved in numerous conservation efforts. This includes partnering with Potomac Electric Power Company to convert power rights-of-way to butterfly habitat and establishing butterfly gardens at schools and other institutions. Through its Wings of Hope Program, IBBA members adopt a service organization in their community and donate their time, livestock or both to provide seriously ill or at-risk individuals and their families the opportunity to encounter and learn about butterflies. During its first year, Wings of Hope boasted 17 participating breeders and benefited 13 separate organizations or individuals in 11 states. Events ranged from large scale Cancer Relays for Life and Kid s Day Camps to displays for group homes and even an individual. Thousands of people all over the country have been touched and uplifted up, by Wings of Hope. Continuing education opportunities have been and continue to be provided to members. Topics have included disease identification and control, advances in rearing techniques, public relations, marketing, and more. In June 2001, the IBBA produced a scientific report document. The report addressed many issues and included expert answers to butterfly concerns, bio-geographic studies, IBBA s responses to NABA Claims and other information. It was widely distributed to governmental agencies and other organizations and individuals. The IBBA has worked hard to communicate with local, state, and federal agencies to make sure that state and federal regulations are based on science. The IBBA strives to help members stay current with state and federal laws and requirements for shipping butterflies for release to the environment. Repeat business and growing popularity are proof positive that customers do not receive dead butterflies, as claimed by the anti-release groups and individuals. Trusting the United States Department of Agriculture and guided by the regulations that focused on the permitting of nine species of butterflies, many families and individuals quit jobs, changed occupations, studied and worked hard to learn a new trade, bought property and equipment all for the purpose of establishing commercial butterfly farms. It was this trust and faith in the USDA that prompted them

3 to invest of their time and money to raise butterflies. By this time, the USDA had performed their own risk assessment and informed people they would be allowed to ship the nine butterflies. Actions Do Not Follow Promises Made The IBBA has held four annual conventions. At the first convention held in Pennsylvania in 1998, Dr. Wayne Wehling of the USDA was invited to speak to the members about permitting requirements for shipping butterflies. Dr. Wehling prefaced his formal remarks with the statement: "I'm on YOUR SIDE." This was clearly spoken with regard to the ongoing butterfly release controversy. Everyone in attendance applauded, and with a sense of relief. (See photo left). Dr. Wehling also told commercial butterfly breeders that if the regulations that govern the shipment and release of butterflies were to be changed, that, prior to consideration of any change, the USDA would REQUIRE all revisions to be based on scientific evidence. Dr. Wehling has repeated this promise to commercial butterfly breeders many times. This is very important to commercial farming ventures, as their income depends on being able to ship the nine species of butterflies originally designated by USDA as acceptable and safe. Policies Restrict Butterfly Shipments Without Valid, Scientific Reasons Over the last year, Dr. Wehling has imposed restrictions on commercial butterfly shipments, by issuing individual POLICIES for certain situations. The USDA federal regulations were not changed, but instead "policies" were issued to prohibit or limit shipments. One example of Dr. Wehling s policies is that Mourning Cloak butterflies can no longer be shipped for release in Texas. What scientific reason was given to justify this restriction? The IBBA was told that a person in the Texas Department of Agriculture said that he couldn t remember ever having seen a Mourning Cloak in the "panhandle" of Texas. This is scientific? Dr. Wehling s second restrictive policy not backed by science concerned shipments in and out of Florida. Suddenly, commercial growers found they were no longer allowed to ship Monarchs, Painted Lady and Gulf Fritillary butterflies in and out of Florida. What scientific reason was given to justify imposing this restriction? Commercial growers were told some of the staff in the Florida Department of Agriculture thought that there might be genetic differences in the Florida butterfly populations. This is scientific?

4 In May 2001, The Monarch Population Dynamics Meeting was held in Lawrence, Kansas, sponsored by The Monarch Watch Organization. (The majority of this group is NOT comprised of commercial butterfly breeders, but rather members of the academic and scientific world.) Dr. Wayne Wehling of the USDA was a keynote speaker at this meeting. The purpose of his address was to educate the scientists in attendance as to his role at the USDA. He began by stating that his role at the USDA was to safeguard butterflies. USDA Issues Proposed New Regulations On Tuesday, October 9, 2001 the USDA proposed new regulations for the shipping and release of butterflies, posted in the Federal Register. Prior to posting these proposed regulations, the commercial butterfly breeders were told by Dr. Wehling of the USDA -- on several occasions-- that we had nothing to worry about, and that "there would be no changes for the Monarch" and that only the Vanessas regulation would change in that no permit would be required to ship these butterflies into any state. Breeders were told directly by Dr. Wehling that everything would stay the same with the regulations, except that permits would not be required to ship the Vanessas. The announcement was made that the proposed regulations had been posted on the Federal Register and the official 60-day comment and review period was open. Upon reading the document, butterfly farmers immediately noticed that the "list of butterflies" previously allwed by USDA for shipment and release was nowhere to be found in the proposed regulations! When Dr. Wehling was asked where the list of butterflies allowed for shipment and release were mentioned in the text of the new regulations, and what did this mean, Dr. Wehling said the omission is a MISTAKE and that the list of butterflies allowed for shipment WOULD BE ADDED BACK IN DURING THE FINAL RE-WRITES OF THE REGULATIONS. Dr. Wehling also told the commercial farmers AGAIN, that "nothing is changing for the Monarch." So, Dr. Wehling told the commercial farmers that the list of butterflies was accidentally left off the text of the regulations, and further stated that this list would be added back into the text during the re-writes of the regulations. During the comment and review period of the regulatory change process, people are invited to send in their comments to the issuing agency. The commercial farmers found the proposed regulations confusing and were unclear about the meaning of certain sections. The IBBA s regulatory review team compiled a list of questions about the proposed regulations and respectfully submitted these queries to the USDA for clarification. Commercial farmers wanted to be certain of the meaning of the proposed regulations before sending in their comments to the USDA. The following week, some answers were provided by Dr. Flanders and Dr. Wehling of USDA, but many of the questions were answered by the USDA stating that by law, they

5 could not discuss the proposed regulations during the comment and review period. Farmers were told it was illegal for the USDA to discuss the regulations or answer any questions during the comment and review period, to make clear the meaning of the text, or to assist in understanding how these regulations would change their lives and businesses. A few weeks later, still during the official comment and review period, Dr. Wehling was contacted by a reporter from the Washington Post to discuss the proposed regulations and how school children would no longer be able to release the Monarch butterflies they raised from caterpillars, if the regulations were passed. Suddenly this no-discussion policy is reversed by Dr. Wehling, and he freely comments on the reasons for these proposed regulations. He gives the reporter a completely different reason for leaving off the list of butterflies allowed for release. Dr. Wehling tells the reporter that "the Monarch will no longer be allowed for interstate shipment and release, because of the risk this poses to an endangered milkweed plant in Arizona and Oklahoma." USDA Shows Bias in Accommodation of Group s Special Request Part of the process to enact regulations includes the regulations being posted in the Federal Register. An official comment and review period starts and people send their comments to the USDA about the regulations. The commercial butterfly breeders were told that this 60-day period should be used to send letters in, with comments that are based in science. A specific protocol for submitting comments was presented to the breeders.. Based on this protocol and the deadline presented to them, the IBBA and other groups immediately got to work writing their letters and incurring great expense for postage, printing and stationery to send in as many letters as possible, to make our voice heard by our government. School children, educators, customers, family, co-workers and friends wrote to express their opinions on the proposed changes in the regulations. A team of IBBA members worked for several days to compile information necessary to begin educating people about these proposed changes and how they could respond to their government. A prominent member of the NABA group who has condemned butterfly releases for the past six years waited until the last two weeks of the official 60-day comment and review period and then requested USDA to extend the comment and review period, so that the members of his organization could have more time to send their letters in. This extension was granted by the USDA s RAD staff. When asked by the IBBA why the extension was granted, the reply given was that Most of the letters received have been from those people who favor butterfly releases. In addition, the USDA changed their procedure midstream during this comment and review period, to allow people to send their comments by instead of by regular mail.

6 This is clearly unfair as all people have had the same amount of time to respond to USDA. Extending the comment and review period simply because "most of the letters received have been from those people who favor butterfly releases" is simply unfair and wrong. The USDA is showing bias in giving special accommodation to one group who simply did not bother to work as hard as the other group did in getting their letters sent in. Also, the commercial butterfly farmers spent a considerable amount of money on postage, printing and stationery that the other group will now not incur as they not only have extended time to respond, but can do so for free by using instead of standard mail. RECAP 1. So, in 1997, the USDA gives farmers a list of butterflies and says "here, we've done a risk assessment and have concluded that releasing these butterflies pose no risk to local butterfly populations nor to the environment. You may apply for permits and we will allow you to ship these certain butterflies according to our regulations. We have decided they are safe." 2. So, people spend a lot of money, quit jobs, invest in businesses and change their lives, based on the trust they have put in this federal agency and what butterfly species they were told they could use in their businesses. 3. Next, the USDA tells butterfly breeders that "I'm on YOUR SIDE" regarding releases of butterflies. This same USDA staff person tells butterfly breeders that "any changes to be made to the regulations must be based in science." 4. Next, this same agency issues proposed new regulations that do not include the list of butterflies previously deemed safe and allowed by that agency's experts for shipment. 5. The agency staff tells the butterfly farmers "nothing is changing for the Monarch" with regards to the proposed regulations. 6. Next, the agency staff tells butterfly farmers "leaving off the list of butterflies is a mistake, and the list of butterflies will be added back into the text of the regulations during the re-writes." 7. Next, this same USDA administrator tells a reporter from the Washington Post that the Monarch is prohibited for release because it poses risk to an endangered milkweed plant in Arizona and Oklahoma.

7 To understand this flip-flopping and outright dishonesty, you have to "rewind" a bit. The staff person at USDA in charge of permitting and shipping insects has a documented, long history of being against butterfly releases. Recently, IBBA volunteers were making calls to all of the state departments of agriculture about the scientific report they'd sent out. The permitting official in the state of Washington's Department of Agriculture commented to the IBBA caller "Didn't you know? Wayne Wehling would like to shut the whole thing down, all the butterfly releases." The caller asked this official to repeat what he said and he did so. This particular official is a college buddy and long-time friend of Dr. Wayne Wehling. How Many Different Stories Can You Count? Remember, Dr. Wehling told the butterfly farmers I m on YOUR SIDE. He told them that nothing would change without reasons based in science. He told the commercial farmers nothing is changing for the Monarch. At the meeting in Kansas City (not commercial butterfly farmers) when asked why his department (USDA/APHIS) might restrict butterfly releases, the reply given was because of disease and parasite issues. When asked about the missing list of butterflies allowed for release in the regulations, he stated that it was a mistake and the butterfly list would be put back in during the final rewrites. Then he tells the newspaper reporter releases of Monarchs ARE being prohibited because of a rare milkweed plant in Arizona! Personal Bias to Destroy Businesses and Farmers Dr. Wehling's alignment with the extremist group that is against butterfly releases has resulted in obvious bias and unfairness in dealing with this issue. The double talk and worthless promises will result in huge financial losses for hundreds of American farmers and family-owned businesses across the country. As written, these regulations will effectively put these commercial farmers out of business. These are people, American citizens, who have relied on the USDA to provide answers and guidance in building their businesses and lives.