Some states are seeking more of a say in where and how federal officials restrict pesticide use in areas with endangered species.

The states of North Dakota and Washington have developed plans to collaborate with the federal Environmental Protection Agency on those restrictions, rather than letting EPA simply give orders.

"Those closest to the issue are the ones who are best suited to provide solutions," said State Sen. Terry Wanzek, R-Jamestown, a farmer and the main sponsor of North Dakota legislation paving the way for the plan. "North Dakota people are the ones in the best position to help provide common sense."

The North Dakota Legislature last year approved $250,000 for the effort. The state Agriculture Department has finished work on its plan and is taking public comments on it until June 1, even though a public comment period is not required by law. A final plan then will be submitted to the EPA for approval.

Agriculture Commissioner Roger Johnson said the plan will help protect not only the seven endangered species in North Dakota, but pesticide users as well.

Pesticide-use restrictions in areas with endangered species will be done through posted countywide bulletins that have the force of law, Johnson said.

"In the absence of that, it is much more likely that what we would see is simply widespread prohibitions against the use of products in large geographical areas," Johnson said.

North Dakota is trying to do the right things for "environmental and wildlife protection, but also for access to appropriate pesticide use for our farmers," Johnson said.

Linda Himmelbauer, a pesticides team leader with the EPA regional office in Denver, praised North Dakota's plan for protecting wildlife while trying to avoid burdensome rules for pesticide applicators.

"They've become a national model," she said.

Jessica Orr, the North Dakota Agriculture Department's environmental scientist who authored the plan, said she studied Washington state's plan, which was granted conditional approval by EPA last August. Like North Dakota's, it works to protect both wildlife and agricultural production, said Jason Kelly, a spokesman for Washington state's Agriculture Department.

Federal law requires agencies to follow the Endangered Species Act in licensing pesticides.

"In the past few years, we've made it more of an enforceable program at the federal level," Himmelbauer said.

North Dakota had the option of assuming total responsibility for pesticide regulation in areas with endangered species, but that would have cost an estimated $750,000 per year, said Jim Gray, the Agriculture Department's lead farm chemical regulator.

Johnson and Wanzek said working with EPA is the better, more affordable option.

"This really is our seat at the table with EPA as they write the rules, write the (pesticide) labels and go about their business on the federal level of trying to make sure that pesticides are appropriately used," Johnson said.