Using Bulletins Live! Two to Meet Endangered Species Act (ESA) Requirements

What is the Endangered Species Act (ESA)?

Enacted in 1973, the Endangered Species Act (ESA) is a federal law that protects endangered and threatened plants, animals, and the habitats they depend on. The ESA is implemented by the U.S. Fish and Wildlife Service and the National Oceanic and Atmospheric Administration (NOAA) Fisheries (1,2).

What's changed?

Currently, EPA is reviewing all pesticide labels to determine if listed species or their habitat may be affected by the use of the products. If this is the case, a product is subject to the Endangered Species Protection Program (ESPP) and the pesticide label will include additional requirements for spray drift reduction and runoff/erosion mitigation. There may be more restrictions placed on pesticides if the application will be made within a pesticide use limitation area (PULA). Applicators should review their product labels for these requirements. If the label does not include mandatory spray drift buffers, runoff/erosion mitigation, or Bulletins Live! Two, applicators do not have to follow these steps. However, applicators should always use best practices to prevent the off-target movement of pesticides.

Here are some important definitions:  

• Endangered species: Any species which is in danger of extinction throughout all or a significant portion of its range (3).
• Threatened species: Any species which is likely to become an endangered species within the foreseeable future throughout all or a significant portion of its range (3).
• Pesticide Use Limitation Area (PULA): PULAs are geographic areas where limitations in pesticide use have been established to protect threatened or endangered species (also called "listed species") or their designated critical habitat (4).

How do I know if I will be spraying within a PULA?

The label will refer the applicator to theBulletins Live! Two (BLT) website, where the applicator will find a full tutorial on how to find the information they are looking for.

The following steps are a summary of the online tutorial (5) found on the EPA website:

• You can find the website just by typing "Bulletins live two" in any of the following browsers: Chrome, Mozilla Firefox, Safari, Microsoft Edge. You should click on the link under the US Environmental Protection Agency (.gov), as shown in Figure 1.

• Click on the link, and you should be prompted to the following page:

• In the map, find the location where the application will take place and select the month of the application (bulletins are available six months in advance of the date of the application). Make sure the field you will be applying the pesticide to is within the field of view on the map.
• Add the pesticide's EPA registration number and verify that the product name that appears in the box corresponds to the one you are looking for. Make sure you are entering the EPA registration number and not the EPA establishment number.
• Once you enter the EPA registration number, only PULAs for that pesticide will appear. Review the map results. PULAs will be highlighted in pink.
• If a PULA is within your area of application, click on the PULA and this will activate a box where you can click on "Full Details". You will see information about the pesticide and limitations for the selected PULA.
• If there are no PULAs in your area, go to the top right corner of the screen and click on "Printable Bulletin" to create a declaration that indicates there are no limitations.
• If there is a PULA in your area, click on "Printable Bulletin" and download the information for specific guidelines that must be followed.

Certain pesticides can move from a treated field to areas with habitat for listed species via water (runoff) or soil (erosion). In this case, the label will direct pesticide applicators to follow a series of runoff/erosion mitigation practices based on a point system and will provide a minimum number of points needed to apply a specific pesticide. The list of mitigation practices and their respective points can be found in the EPA Mitigation Menu.

• If the field is inside a PULA - follow the instructions on the label/bulletin
• If the field is not in a PULA - the requirements and the number of points will be on the label, which often directs the applicators to the EPA Mitigation Menu. Read the label and website carefully since further actions may not be necessary if some conservation practices are already in place on the field.

The Pesticide App for Label Mitigation (PALM) is a tool to helps applicators track mitigation practices in and around fields that are worth mitigation points required by the label. This app can also track spray drift buffer requirements and practices that can be used to reduce the size of a required ecological spray drift buffer mentioned on the label and bulletin.

If the applicators have limited or no access to the internet, or they have questions about the use website, they can contact the ESPP Help Desk by calling 1-844-447-3813 or by sending an email to ESPP@epa.gov. You can also visit the online Q and A section of the BLT website and sign up to receive email alerts when new or updated bulletins are available.

References

1. Fish & Wildlife Service (USFWS) (n.d.). Endangered Species Act.
2. National Oceanic and Atmospheric Administration, National Marine Fisheries Service. (n.d.). Endangered Species Act. 
3. Environmental Protection Agency (EPA). Learn More About Threatened and Endangered Species. 
4. Environmental Protection Agency. (n.d.). Process EPA uses to develop core maps for pesticide use limitation areas (PULAs). 
5. Environmental Protection Agency. (n.d). Bulletins Live! Two (BLT): Tutorial. U.S. Environmental Protection Agency.