Pesticides and the Endangered Species Act

In the coming years, farmers, pest control professionals, and other pesticide users will begin to see new requirements on pesticide labels to protect endangered species from pesticides. 

Below, you’ll find:

• Background on why these changes are happening
• What specific changes to expect on pesticide labels
• How to stay informed and ensure compliance
   

The Endangered Species Act (ESA), signed into law in 1973, requires federal agencies to consider risks to endangered species when making decisions. The Environmental Protection Agency (EPA) registers pesticides for use in the United States, and these registrations must comply with the ESA. Historically EPA’s registrations didn’t comply with the ESA, which led to lawsuits threatening to ban the pesticides. These new protections are how EPA keeps pesticides on the market. The courts have banned pesticides over failures to follow the law before, and EPA has been working with scientists, farmers, and other experts to protect access to these tools as well as endangered species
 

EPA determined pesticides harm endangered species in 3 ways:

1. Pesticides in Critical Habitat - In some areas, like breeding grounds, certain pesticides pose an incredible threat to endangered species. EPA worked with US Fish & Wildlife Services and the National Marine Fisheries Service to see where pesticide use could overlap with critical habitats. If a pesticide could threaten an endangered species in their critical habitat, the label will tell users to check a website called Bulletins Live! Two for local precautions to protect those habitats. These protected areas are called Pesticide Use Limitation Areas (PULAs), and each PULA has a bulletin explaining the restrictions on pesticide use in that area.
   
   
2. Spray Drift - Some pesticides threaten endangered species through spray drift from fields. If drift from a pesticide could harm an endangered species, EPA will require users keep an “Ecological Spray Drift Buffer” between an application site and downwind natural areas. These buffers will range widely depending on how much risk the drift poses, and users can reduce the buffer distance by doing things like using certain spray equipment or maintaining windbreaks. These buffers can overlap with managed areas like fields and roads. The goal is to keep the pesticides on the fields where they’re doing work, and not harm endangered species by drifting off target.
   
   
3. Runoff & Erosion - If a pesticide threatens endangered species due to runoff or erosion, EPA will require users to reduce movement of soil from the treated fields. EPA has reviewed erosion and sedimentation control practices, such as no-till agriculture and tile drainage, and assigned these practices a number of “points” based on how much they reduce runoff & erosion. Pesticide labels will require users to get runoff & erosion mitigation points to apply pesticides; the number of points needed will vary based on how likely the pesticides are to contaminate waterways through runoff and erosion. EPA displays these mitigation measures on their “Mitigation Menu,” and will be familiar to anyone that has an Erosion & Sedimentation Plan.
    

This doesn’t change all pesticides overnight. As EPA registers new pesticides and reviews older pesticides, they will require these new restrictions appear on the labels. At the end of the day, the label is the law. If you’re about to apply pesticides and nothing on your labels mentions Bulletins Live! Two or runoff and erosion, you don’t have to observe these restrictions. When you are applying a pesticide with these restrictions, here’s what you need to do:

1. Go to Bulletins Live! Two and check if you’re in a PULA. If so, check the bulletin for additional restrictions and follow them. If you aren’t in a PULA, proceed to steps 2 & 3 below
   
   
2. Check the Ecological Spray Drift Buffer section, and maintain the required downwind buffer as needed
   
   
3. Check the “Mandatory Runoff Mitigation” section and make sure you get enough points to apply the pesticide

PDA suggests users record their compliance with these restrictions as part of their pesticide application records. In addition to showing that the label directions were followed, users will get 1 runoff/erosion mitigation point just for documenting this information anyway, so users are rewarded for good recordkeeping. Keep copies of bulletins to show you checked them, document your buffer distances, and record how you got your mitigation point total.

Some of the labels are complex. EPA has developed a number of resources to help with compliance. For applicators that don’t use the internet, EPA doesn’t have a strong plan for outreach. We suggest people reach out to Penn State Extension, the PA Dept of Agriculture, or their pesticide distributor for assistance.