Policy on Pesticide Reduction: New York State Parks

Leading an Edible & Medicinal Plant Walk at Allegany Nature Pilgrimage

In 2009, New York State Parks Commissioner Carol Ash signed a Policy on Pesticide Reduction in State Parks and Historic Sites. In this article, I'll discuss points from the document that I found noteworthy for foragers. You can read the full document here. 

Regarding foraging in New York State Parks, the rule on the books reads:

 "Injury to property. No person shall make an excavation on or injure, destroy, deface, remove, fill in, tamper with or cut any real or personal property, tree or other plant life" (New York State Office of Parks, Recreation and Historic Preservation). 

If that's the case, why bother sharing information on park pesticide policies with foragers? 

Each time I have spoken with park management staff for parks in my area, I've found that when the intentions of foragers and park management align or can peacefully coexist, foraging may be allowed if permission is asked and clear boundaries are communicated. For example, though foraging is technically not permitted at Beaver Island State Park in Grand Island and Delaware Park in Buffalo, representatives I spoke with said there is potential for partnerships with foragers to remove invasive species and weeds that are edible and medicinal. (Check out the links above to read articles about these parks and conversations).

Before a forager harvests in any location, it's important to learn about the land-use history in that spot, and in the greater area. The Policy on Pesticide Reduction in State Parks and Historic Sites is a great place to begin.

Policy on Pesticide Reduction

The policy begins by stating:

Our goal is to eliminate pesticide uses wherever possible.  In special instances where pesticide use is required, we will limit our use to least toxic alternatives....The use of pesticides can cause potential environmental and human health risks, even when pesticides are used in compliance with regulatory requirements and manufacturer recommendations.  Pesticides have been implicated in negative effects on human health, particularly children and sensitive individuals, as well as mortality to non-target plants and animals and the decline of various bird species.   

The document acknowledges that, though reduced pesticide use may result in greater weed or "pest" populations than might have occurred if pesticides were used (at least in the short term), the benefits of reducing human and environmental exposure to toxic substances outweigh this possible downside.

New York State Parks seeks to utilize the practices recommended in the Northeast Organic Farmers Association's NOFA Standards for Organic Land Care whenever possible. Check out this document here, which is an excellent resource for residences as well.

Image: herb Robert, (Geranium robertianum, a diminutive geranium family plant found in New York woodlands.

Integrated Pest Management

New York State Parks seeks to use Integrated Pest Management (IPM) strategies to choose the avenue of least harm when addressing pest problems. In IPM, conventional pesticides are a last resort, using "mechanical, sanitary, cultural, or biological means" whenever possible (2). This might involve methods as simple as sealing trash cans more effectively to avoid attracting wasps, covering a weed patch with a light-impermeable cover to kill it, releasing native ladybugs to predate an aphid infestation, or using boiling water or vinegar to remove weeds growing between pavers rather than spraying chemicals. This Environmental Protection Agency site offers more information about IPM. 

IPM has a similar flavor to the permaculture style of managing land and growing food. In permaculture, we forego monocultures (planting rows and rows of the same plant) and instead plan polycultures, which are diverse communities of plant and animal species that benefit one another. The polycultures we see in natural ecosystems make these communities much less susceptible to a devastating pest event, and much more resilient in the face of drought and other environmental challenges. Learn more about permaculture here.

What IPM and permaculture have in common is derailing the impulse to reach for a quick fix--particularly when that fix is as harmful as toxic chemicals. Instead, both systems take time to observe the problem before acting. Both require a deeper understanding of the ecosystem than conventional chemical applications. For example, if we know which native insects love to eat the pest we're worried about and understand the pest's life cycle, we have the ability to respond more creatively and benignly to that pest's presence. We may even decide that the pest's presence isn't doing enough damage to warrant action. In short, IPM and permaculture are both about using common sense and creatively employing natural players as allies.

Image: Beautiful wake robin trillium in upstate New York

Specifics on Pesticide Use Relevant to Foragers

The policy offers this information on which pesticides may be permitted and when:

a.) Pesticides are allowed if they are federally classified as an "exempt material" due to "low toxicity." The policy offers this resource for a complete list of ingredients in this category: http://www.epa.gov/oppbppd1/biopesticides/regtools/25b_list.htm#activeingredients

Like many other EPA webpages, this one was taken down sometime in the past few years. I emailed both the New York State Parks Office and the EPA to request this list. An EPA representative shared this website with me about "minimum-risk pesticides." (It should be noted that most chemicals on the US market were not adequately tested before being approved. Restrictions in the European Union are more strict.)

b.) According to the EPA, 

Biopesticides include naturally occurring substances that control pests (biochemical pesticides), microorganisms that control pests (microbial pesticides), [minerals], and pesticidal substances produced by plants containing added genetic material (plant-incorporated protectants) or PIPs. 

Since genetically modified organisms (GMOs) are not permitted in certified organic production, it's interesting that the EPA lumps GMOs into a category of pest management techniques approved for organic agriculture. In parks, GMOs may soon make an appearance in tree species whose populations have been severely reduced or eliminated by a disease or pest, such as the American chestnut. I'm not knowledgeable on the topic of GM trees, but here are two excellent articles on the GM chestnut: one in Pacific Standard magazine, and the other written by a professor who helped to develop the GM chestnut at the SUNY School of Environmental Science and Forestry.

 Learn more about biopesticides here.

c.) Antimicrobials substances that either "disinfect, sanitize, reduce, or mitigate growth or development of microbiological organisms" or "protect inanimate objects, industrial processes or systems, surfaces, water, or other chemical substances from contamination, fouling, or deterioration" caused by microorganisms or algae (3).

 If foragers are harvesting near a body of water, they should find out if that water has been treated.

d.) Boric acid, disodium octaborate tetrahydrate (an alkaline salt), diatomaceous earth,  silica gels,  and "other non-volatile insecticidal gels and salts" are permitted. Many or all of these are approved in organic agriculture--though "non-volatile insecticidal gels and salts" is stated vaguely.

e.) The policy bans organophosphate and carbamate pesticides. Despite evidence of their carcinogenicity and other negative impacts on human health, plus evidence of their damage to honeybee populations, over thirty organophosphate insecticides are still permitted in the US. (Carbamates have a similar chemical structure). Kudos to New York Parks for banning these substances.

f.) State and federal laws will be followed regarding pesticide application. Folks applying the chemicals will be certified, and posting requirements that apply to landscapers should also apply here. 

In my opinion, putting a small sign up for 24 hours after a chemical has been applied is sorely inadequate for keeping people safe. Pesticides linger far longer than this on and inside plants, and in the soil. Please don't assume that because you don't see a little yellow pesticide application notice, it must be safe to harvest.

Image: Checking out a witch hazel shrub (Hamamelis virginiana) at Allegany State Park.

Exceptions Relevant to Foragers

The policy states that circumstances may arise which warrant exceptions to these rules. The agency commits to choosing the least toxic and persistent chemicals possible in these situations.

Exceptions relevant to foragers include:

a.) Threats to human health, including disease. Chemicals may also be used against deer ticks, poison ivy, bees, and wasps if the situation doesn't allow time for an alternative. If you see poison ivy growing in a park, it would be wise to avoid that area and/or obtain pesticide application records before harvesting nearby.

b.) Pesticides are still permitted for the maintenance of golf courses and arboretums.

Personally, I would opt not to harvest in parks that feature golf courses, such as Beaver Island State Park. Even with some distance from the course, I am concerned about the transmission of chemicals via air and water to surrounding locations.

c.) Pesticides are allowed in instances when mechanical strategies are inadequate in right-of-ways for utilities and transportation. This is an important heads-up for foragers: avoiding utility right of ways, such as areas mowed for power line maintenance, is generally a great idea. Unless you are able to obtain favorable pesticide application records from the company (i.e. a record of the lack of applications!), you should assume the area is sprayed.

4. Pesticides can be used to manage invasive species. This includes animals, plants, insects and diseases "that pose a significant threat to important natural or recreational resources and that cannot be controlled through non-chemical means" (4).

This section concludes by saying, "Additional exceptions, beyond the...general categories listed above, will be considered. Requests for One-Time-Only Exceptions will be reviewed and approved by the facility manager and the Environmental Management Bureau" (4).

Final Thoughts

Though these policies orient us to general expectations about limiting pesticide use whenever possible, it's important to note that these rules are flexible and open to interpretation. A facility manager with a personal interest in organic agriculture will have a different sense of when a pesticide is "absolutely necessary" compared to an individual who was trained at a conventionally-managed golf course--one of the most chemical-laden recreational spaces in our community.

For this reason, communicating with park staff to obtain records of chemical applications is vital. Which invasive species were treated? When? Was the chemical applied with a spray (which can travel by air to surrounding plants), or was the application more localized, like "painting" an herbicide onto the tip of weed-whacked Japanese knotweed stalks? What substance(s) were used?

I love the idea of symbiotic relationships existing between foragers and their local parks. May our respectful requests for harvesting permission and pesticide records--and our expressed gratitude for ecofriendly practices--strengthen these relationships.

Happy harvesting!

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Source not linked in the article:

New York State Office of Parks, Recreation and Historic Preservation. "Rules and Regulations. pg. 11. https://parks.ny.gov/publications/documents/NYSParksRulesRegulations.pdf