Federal Endangered Species Program
Federal Endangered Species Program and Pesticides
The United States Environmental Protection Agency (USEPA) maintains information on its website regarding its Endangered Species Protection Program (ESPP) website and aspects of it which relate to pesticides. In 2007, USEPA updated their website to reflect enforceable limitations on pesticides that will be put in place through its ESPP.
USEPA's ESPP and Pesticide Use
To provide a summary of how USEPA states that its ESPP could impact pesticide use restrictions, below is information quoted directly from their webpage.
*****NOTE: The ESPP is a federal government program. NYSDEC is providing summary information on it on this web site and is not interpreting the federal program. Please fully read the USEPA ESPP webpage, to see if you could be affected by the program. If you have questions regarding USEPA's program and how it relates to pesticides, please contact USEPA directly at www.epa.gov/pesticides/regulating/contacts.htm*****
In summary, USEPA states on its ESPP website, among other things, the following (direct quotes):
Limitations on Pesticide Use
USEPA's program is "...designed to determine whether pesticide use in a certain geographic area may affect any listed species. If limitations on pesticide use are necessary to protect listed species in that area, the information is relayed through Endangered Species Protection Bulletins." (NOTE: Available bulletins, applicable to specific months of the year, are posted, by statute, on USEPA's ESPP website.
Enforceable ESPP Bulletins
"...When appropriate, pesticide labels will refer the pesticide user to...geographically specific...Bulletins. The Bulletins will contain enforceable use limitations for a pesticide when necessary to protect listed, threatened, or endangered species or their critical habitat.... Bulletins become enforceable when referenced on a pesticide product label in the marketplace."
"Bulletins identify the species of concern and the name of the pesticide active ingredient that may affect the listed species. They also provide a description of the protection measures necessary to protect the species, and contain a county-level map showing the geographic area(s) associated with the protection measures, depending on the susceptibility of the species to other factors such as vandalism. Bulletins will be effective and enforceable as part of the product label. The Bulletin are [sic] must be dated within six months of pesticide use....Pesticide users who fail to follow label provisions applicable to their pesticide application, whether that failure results in harm to a listed species or not, will be subject to enforcement under the misuse provisions of FIFRA.
"Your state may have pesticide use limitations beyond those found in your Bulletin. Bulletins are not intended to replace or override any restrictions that your state may impose. You need to be aware of and follow pesticide use limitations in your area by both the state AND federal EPA requirements."
Please visit the USEPA webpage for full information. In addition, the Federal Register notice for this program contains further information.