EPA published its proposed Field Implementation of the Endangered Species Protection Program (ESPP) approach in November 2005 after considering comments from the grower community, industry, public interest groups and other government entities. The ESPP will address, to the degree possible, endangered species issues within the Agency’s existing processes of registration, reregistration and in the future, registration review. If geographically specific pesticide use limitations are necessary, EPA will create Endangered Species Protection Bulletins that will contain enforceable use limitations for the pesticide. Bulletins will be referenced on the pesticide product label and available on the Web at www.epa.gov/espp or by calling (800) 447-3813.

Background
The goal of the ESPP is to carry out EPA’s responsibilities under the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) in compliance with the Endangered Species Act (ESA), while at the same time not placing an unnecessary burden on agriculture and other pesticide users. Under the approach described in the ESPP, if EPA determines that use of a pesticide poses a risk of harm to listed species or their designated critical habitat that merits additional restriction, the pesticide label will refer to the Bulletins to inform users of enforceable geographically specific use limitations for the pesticide. This approach is intended to ensure that use of the pesticide will not jeopardize the species or adversely modify critical habitat.

Effects Determinations
EPA is responsible for reviewing information and data to determine whether a pesticide product may be registered for a particular use. As part of that determination, the Agency assesses whether a listed species or its designated critical habitat may be affected by use of the product (i.e., a "may affect" determination). When EPA determines a pesticide may harm an endangered species, EPA can either change the terms of the pesticide’s registration or, through consultation with the Services, develop appropriate mitigation measures. All pesticide products that EPA determines "may affect" a listed species or its designated critical habitat may be subject to the ESPP.

If those mitigations are geographically specific, EPA will develop a Bulletin (or Bulletins) to put the mitigations into place. These mitigations will be specific to the area(s) where the species may be exposed to pesticide use. To learn how EPA evaluates the potential risks from pesticides to listed species, see EPA’s Overview Document. For details on how EPA consults with the Services to protect listed species and designated critical habitat, see the Services’ Counterpart Regulations.

Endangered Species Protection Bulletins
When referenced on a pesticide label, Bulletins are mandatory, enforceable pesticide use limitations. Pesticide users who fail to follow label provisions applicable to their pesticide application, whether or not that failure results in harm to a listed species, would be subject to enforcement under the misuse provisions of FIFRA (section 12(a)(2)(G). Label statements referencing enforceable Bulletins will instruct users to the Web site address from which they may obtain a Bulletin, or a phone number they may call if they do not have web access. Bulletins will generally include a map of the county or parish to which it applies, a description of the species being protected, a list of the pesticides of concern and their use limitations. Once pesticide labels with such labeling appear in the marketplace, Bulletins will be available via the EPA’s Web site or via a toll free number; both of which will be identified on the pesticide label.

Public Participation
The ESPP will incorporate public participation within the existing processes of registration, reregistration and registration review, where appropriate. The processes for public participation during registration and registration review are under development. However, there may be other opportunities for participation relative to listed species protection. As those processes are developed they will be published on EPA’s Web site, www.epa.gov/espp. States and Tribes will continue to be integral to the success of the ESPP. State and Tribal input may enhance the effectiveness of different approaches to listed species protection; therefore, State and Tribal governments may be afforded specific opportunities for Bulletin review.

Timing
Upon publication of the FR notice, EPA takes its first step in implementing the ESPP. Bulletins will become enforceable upon reference to them on a pesticide product label. Pesticide users may check for Bulletin availability no more than six months before applying a pesticide.

For More Information
Information on the field implementation aspects of the ESPP or information about Bulletins will be available on the Web at www.epa.gov/espp or by calling (800) 447-3813. Additional information may also be obtained from Paul Andre at the Missouri Department of Agriculture at Paul.Andre@mda.mo.gov or 573.751.9334.

Paul Andre
Missouri Department of Agriculture
573-751-9334