A Review of the Endangered Species Act and Pesticides: An Example
Katelyn Miller, Field Crops and Forage Specialist
Southwest New York Dairy, Livestock and Field Crops Program
The Endangered Species Act (ESA) passed in 1973 requires government agencies to ensure actions taken will not threaten any species that have been federally listed as endangered or threatened. Whenever an agency has a proposed action that might affect an endangered species or its habitat, they are required to consult with one of two agencies. These agencies are the U.S Fish and Wildlife Service and U.S. National Marine Fisheries Service. These agencies, commonly referred to as the "Services" provide a biological opinion which determines if the proposed action would cause jeopardy or adverse effects to any species or habitat. If they identify a risk, the action needs to be modified to avoid harm. This is also referred to as a consultation.
The Environmental Protection Agency (EPA) oversees all pesticide use. The use of pesticides is considered an action which would require an endangered species consultation. Because the EPA has not complied with the ESA, the Federal Court has ordered them to conduct consultations on all current and newly registered pesticides. Currently, there are over 1,100 active ingredients that need to go through this review process, not including new active ingredients entering the market. To speed up the process, the EPA is developing strategies for the different groups of pesticides. Here's the current timeline:
- This past year, the EPA had an open comment period on their herbicide strategy. The final version should be available in August of 2024.
- The final version of the rodenticide strategy is planned to be released in November 2024.
- The insecticide strategy is scheduled for release in 2025. Currently, neonicotinoids are under review.
- The fungicide strategy is scheduled to be released in 2026.
- There is no schedule set for biopesticides at this time.
After these strategies are finalized, it will still take years before all pesticides have been evaluated for ESA impacts and the labels change as a result. It's important to check the label every time you purchase a product as these changes can be implemented on a label at any point. This change impacts growers where listed threatened and endangered species and agriculture overlap. There will be changes in labeling that may require additional management practices to be implemented. Some of these changes could include:
- Label requirement to check Bulletins Live! Two for additional labeling information. You can access the website here: https://www.epa.gov/endangered-species/bulletins-live-two-view-bulletins. If any additional labeling is released about a pesticide, it can be found here.
- Restrictions may be in place on application to saturated soils.
- Mitigation strategies to reduce spray drift and runoff/erosion. If products are identified as having a high risk to impact threated and endangered species, mitigation strategies may need to be implemented to use certain products using a point system. Some examples include but are not limited to removing states or counties of concern, reducing application rates, the total number of applications and field buffers.
It's important to make sure that you are always reading the label on your pesticide labels no matter how frequently you purchase a product. If you're interested, the recording of this webinar is available on YouTube on the NYSIPM channel, which can be found here: https://www.youtube.com/watch?v=WeuakbASnRU.
The following information is summarized from the webinar hosted by the Weed Science Society of America titled "Endangered Species Act and Pesticides: An Example". Every effort has been made to provide correct, complete, and up to date pesticide recommendations. Changes occur constantly and human errors are still possible. These recommendations are not a substitute for pesticide labeling. Please read the label before applying pesticides.
Upcoming Events
Robotic Manure Collector Tour at Nichols Dairy Farm
January 17, 2025 : Robotic Manure Colletor Tour at Nichols Dairy Farm
Farmersville Station, NY
On Friday, January 17th from 1pm to 2pm, the Nichols Dairy Farm & SWNYDLFC are hosting a FREE tour of their new robotic manure collection system. In 2024, the farm installed dual Lely Discovery Collectors that help to improve herd health and labor efficiency through their vacuum manure collection in the farm's free stall barn. To RSVP, call or text Katelyn at 716-640-0522.
Class A CDL Training Course
January 18, 2025
February 22, 2025
March 22, 2025
NYS Certified Instructor: Todd Swimelar, "The CDL Guy"
Training required by NYS to take Class A CDL exam and driving test.
Permit not required for classroom time, but is required for driving time.
2025 NYBPA Annual Conference & Membership Meeting
January 24 - January 25, 2025
East Syracuse, NY
The 2025 Annual Conference starts Friday afternoon with a cash bar, registration, and annual membership meeting. Dinner to follow with keynote speaker Kevin Ochsner, Beef Farm of Excellence Awards Presentation, and Supreme Show Program Sponsorship auction. Trade show and silent auction to benefit the Jr Scholarship Fund all weekend long. Saturday starts with the trade show and breakfast at 8:00AM followed by speakers at 8:30AM. Lunch includes the Annual NYBPA Awards and Junior Awards Program. Hotel accommodations can be found below. Be sure to book your room today!
Announcements
No announcements at this time.