The Endangered Species Act and Pesticides – What to Expect

by Michael Helms

Pesticide Safety Education Program Leader

Cornell Integrated Pest Management

 

The Endangered Species Act, or ESA, was signed into law in 1973. It was adopted to protect fish, wildlife, and plant species that are threatened or endangered as well as their critical habitats. The ESA requires federal agencies to make sure any action they take, authorize, fund, or carry out won’t affect a listed species or their critical habitat.

During the pesticide registration process, the EPA is required under the ESA to evaluate a pesticide’s impact on these listed species or their habitats. The evaluations are done in consultation with the US Fish and Wildlife Service and the National Marine Fisheries Service. The consultations help identify measures to safeguard protected species or their habitats when pesticides are used.

EPA has faced numerous lawsuits over the years for failing to comply with the ESA. In response, the EPA has developed strategies to address identified concerns with pesticide use and endangered species. Currently, strategies have been adopted for herbicides, insecticides (including miticides and insect growth regulators), and rodenticides. The strategies include adding new use requirements to pesticide labels when appropriate. Labels may now require:

• More specific spray drift mitigation. While spray drift requirements have been on pesticide labels for many years, it may now be more detailed than before. Labels will list familiar drift management measures but may require use of ecological spray drift buffers. Ecological spray drift buffers are specific buffers based on the application equipment used, equipment set up (such as boom height above the target), and spray droplet size used. However, labels may direct the applicator to the EPA’s Mitigation Menu website for ways to reduce these buffers.
• Runoff/erosion mitigation. Mandatory runoff/erosion mitigation needs may be on the label. This will require a certain number of “points” be achieved for the field or crop being treated. Applicators will need to visit the EPA’s Mitigation Menu website to determine the point values for mitigations already in place or to identify other mitigations to achieve the required point value. Certain existing field conditions or pesticide application factors (like application equipment used or reduced rates) may even eliminate the need to meet runoff/erosion mitigation points. The EPA’s Mitigation Menu provides a calculator and worksheets to help applicators determine point values.
• Accessing Bulletins Live! Two. Bulletins Live! Two, also referred to as BLT, is an EPA website the label will direct pesticide applicators to check and obtain any Endangered Species Protection Bulletins for the fields they plan to treat. These bulletins are for specific geographic locations, called pesticide use limitation areas, where additional pesticide use requirements are needed to protect listed species. Additional use requirements could include such things as expanded buffer zones, additional runoff/erosion mitigation needs, or achieving rate-specific mitigation points. Use requirements in an Endangered Species Protection Bulletin may be in place of or in addition to other label requirements.

Currently, few labels include these new requirements. However, this will change as the EPA registers new products and reregisters existing products. It will take time for labels to be updated. Only when the new requirements appear on the label do they need to be followed. Be sure to read and follow the label for the product you’re using.