The Endangered Species Act (ESA) and the Pesticide Label

The Endangered Species Act is a federal law passed in 1973 that requires government agencies (including the Environmental Protection Agency (EPA)) to make sure actions they take do not jeopardize a species that has been federally listed as endangered or threatened.  Pesticides can potentially harm animals, plants, or their habitat, therefore the EPA has implemented a system to help protect them from the effects of pesticides. Because these species are often confined to specific geographic areas or habitats (and sometimes also certain times of the year), the EPA is using a “bulletin” system to outline special use instructions for site-specific areas instead of providing special instructions on every label.

Which Pesticides Require a Bulletin? Read the label!

How do know if a pesticide has ESA restrictions? Read the label!

If a product states you must obtain a bulletin, it will say so in the “Directions for Use” section. The bulletins are specific to certain areas (where the endangered species live or travel through).  Bulletins are also based on certain time periods and so the label will tell you to obtain the bulletin no sooner than 6 months before treatment.  If your pesticide label does not direct you to obtain a Bulletin, you do not need to. 

If the label directs you to obtain a Bulletin, you MUST do so and check to see if your intended application is in a Pesticide Use Limitation Area (PULA) for the time period you intend to apply the product.

Applications of a pesticide product outside the PULA (or not in the specific time period stated in the Bulletin) do not need to follow the Bulletin restrictions.  However, you still need to print and/or obtain the Bulletin to show that you did check.  Like all records your keep related to pesticide application, you must keep proof that you abided by and checked for PULA’s in your area, if directed by the label.

USING EPA’s BULLETIN SYSTEM
To obtain a bulletin, go to EPA’s bulletin website (Bulletins Live! Two — View the Bulletins | US EPA) that the label directs you to. You will need to enter the product’s EPA Registration Number and the month you plan to make the application. The website provides instructions and tutorials for finding and printing the specific bulletin for your product, area, and time of year. The label will also provide a phone number you may call to obtain the bulletin instead of using the website.

If the area and time of year you intend to use the pesticide may possibly harm an endangered or threatened species, or their habitat, EPA has that information designated as a Pesticide Use Limitation Area (PULA). To help protect the species, the bulletin may direct the applicator to take certain actions such as:

Use buffer areas.
Reducing application rates
Restricting the timing of applications.
Prohibiting the application all together.

HELP WITH EPA ENDANGERED SPECIES BULLETINS

The EPA website has instructions and a tutorial page for using the bulletin website. Also check with:

Department of Agriculture (Tennessee Department of Agriculture, TDA)
Pesticide Safety Education Program (PSEP)
Other Extension Programs

The EPA has specific contacts for technical support for the bulletin system. Use the information listed below for contacting EPA.

Email = ESPP@epa.gov
Phone = 844-447-3813

Below includes a helpful chart to assist you with Endangered Species Bulletins

1. Read the pesticide label!
2. In the “Use Directions” section, does the label direct you to follow the requirements in the Endangered Species Bulletin?
   a) NO, the label does not have Endangered Species Instructions. There is no bulletin for this product, however, follow all label directions. STOP proceed no further.
   b) YES, the label does have Endangered Species Instructions. Continue to #3
3. Find and download the bulletin from EPA’s website (http://epa.gov/endangered-species/bulletins-live-two-view-bulletins)
   a) Do not download a bulletin more than 6 months before your planned application.
   b) You must us the bulletin valid for the month when you apply the pesticide.
   
   You may also obtain a bulletin, or get help with the online site, by contacting EPA. (contact information is listed above)
   a) If your application site (or even a portion of the site) is within a Pesticide Use Limitation Area, for the month of application, print the bulletin and follow all instructions.
   b) If your application site is NOT within a Pesticide Use Limitation Area, for the month of application, there are no extra instructions for the application. But remember, follow the label.

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NEWS

EPA’s Workplan and Progress Toward Better Protections for Endangered Species

EPA Finalizes First-of-its-Kind Strategy to Protect 900 Endangered Species from Herbicides

Herbicides and The Endangered Species Act (ESA): What You Need to Know

ESA Mitigation

Endangered Species Protection Bulletins aka Bulletins Live! Two

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