In addition to prohibiting individuals from harming endangered and threatened species, the Endangered Species Act (ESA) requires all federal agencies to ensure any actions they take will not jeopardize any species that is federally listed as endangered or threatened or their designated critical habitats. In order to be compliant with ESA, the Environmental Protection Agency (EPA) is assessing risks connected to the use of pesticide products and consulting with U.S. Fish and Wildlife Services and the U.S. National Marine Fisheries.
EPA has developed a collection of strategies to ensure consistency across product registrations and reviews. EPA’s ESA Workplan details on pilot projects and pesticide strategies.
EPA is continuously reviewing and updating pesticide labels to include the requirements connected to ESA. So, even if you have used a product for many years, it is important that you review the most current label you receive. This will ensure that you are compliant with all federally required elements.
Pesticide labels are being updated to include requirements around:
Each of these measures are specific to the exact location of pesticide use. So, a person applying the pesticide on a field in Tipton County may have different labeling requirements from a person applying the same pesticide to a field in Hamilton, Boone or Clinton County. Pesticide users will need to plan their pesticide applications in advance to determine whether they are subject to mitigation measures or Bulletins.
The goal of this website is to provide additional resources to Indiana farmers and pesticide applicators to help provide compliance with pesticide labeling requirements.
Mitigation measure requirements will appear on product labels and/or Bulletins for the product in the Bulletins Live, Two! System (BLT). If a label directs users to check BLT, they must do so within 6 months of the application to determine if additional mitigation requirements apply to their farm/field(s), beyond the requirements that appear on the label.
If required to review Bulletins Live! Two (BLT), the pesticide label will have language similar to this under the Directions for Use section.
As identified on the label, you must obtain any applicable Bulletins within six months of application. It is considered a violation of federal law if you do not obtain a Bulletin and/or the Bulletin requirements are not followed.
While it may not be required with all pesticide products, OISC recommends that you keep record of any Bulletins (or lack of Bulletins) for your specific use date and site.
EPA's Mitigation Menu provides an outline for six (6) steps the farmer or applicator should follow when planning. EPA's website also includes a variety of different mitigation measures and points associated with each.
To help with planning, EPA has developed a Runoff Points Calculator. This resource will help applicators plan their pesticide applications. The calculator is set up to easily add new tabs to track all applications in one field within one excel document. The Calculator and a User Guide are both available on EPA’s Mitigation Menu website. EPA has also developed a Runoff Mitigation Worksheet for those who prefer to work on paper or don’t have access to Microsoft Excel.
OISC has been working with various stakeholders to discuss concerns around ESA, implementation strategies, and outreach opportunities. If you have an upcoming meeting and would like to have OISC speak to your group about ESA needs, please feel free to reach out to Sarah Caffery (scaffery@purdue.edu).
OISC is also working on FAQs and other supporting documents to assist our regulated community with ESA needs. Stay tuned!