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Endangered Species Act

The Environmental Protection Agency (EPA) has made some recent policy changes in safeguarding endangered species under the Endangered Species Act (ESA). By implementing strict guidelines for pesticide application, the EPA ensures that the use of these chemicals minimizes risks to vulnerable wildlife and their habitats. After collaborating with conservation organizations and the public, the EPA has identified and created tools and strategies to mitigate against potential threats posed by pesticides to federally protected species.

The goal of this page is to guide anyone who works with pesticides on a large scale to the resources they need to follow the language of the label to reduce harm to protected species.

Endangered Species Act Overview

Ag fields with riparian buffer near river

Image 1. Examples of Colorado animal species protected under the Endangered Species Act. In order from the top-right going clockwise: Black-Footed Ferret, Greater Sage Grouse, Couch’s Spadefoot Toad, and Swift Fox.

The Endangered Species Act (ESA), passed in 1973, is a critical U.S. law designed to protect species at risk of extinction. Under the ESA, federal agencies are required to assess their actions and avoid activities that could harm endangered or threatened species or their habitats. This includes managing the use of pesticides, which can negatively affect both plants and animals, particularly those that are vulnerable or on the brink of extinction.

The U.S. Environmental Protection Agency (EPA) is tasked with regulating pesticides under both the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) and the ESA. The EPA must consult with wildlife agencies, such as the U.S. Fish and Wildlife Service and the National Marine Fisheries Service, to evaluate how specific pesticides could impact endangered species or their habitats. During this consultation, they assess risks like toxic runoff or pesticide drift that may harm non-target organisms, including endangered species.

If the EPA determines a pesticide could pose risks to protected species, they may implement additional restrictions, such as prohibiting application near sensitive habitats or establishing buffer zones. These restrictions aim to minimize exposure and mitigate risks, balancing agricultural needs with conservation goals. However, this balancing act can be complex, as it involves meeting both agricultural interests and environmental protections—a task that has led to ongoing debates and regulatory adjustments.

EPA’s Mitigation Measures to Protect Endangered Species

Endangered Species Language on Pesticide Labels

EPA’s Endangered Species Protection Program is designed to determine whether pesticide use may affect any threatened or endangered species or cause harmful modification of designated critical habitat under the Endangered Species Act. Our goal is to protect threatened and endangered species and their habitats, without placing unnecessary burden on agriculture and pesticide users. Pesticide limitations are developed to ensure safe use of pesticides in order to meet this goal.

If a geographically-specific pesticide use limitation is necessary to protect a listed species or its designated critical habitat, the information appears as an Endangered Species Protection Bulletin and is referenced on the pesticide label. Since these pesticide labels refer to Bulletins, the Bulletins are enforceable as an extension of the label. View endangered species bulletins.

Additional voluntary pesticide restrictions have been developed as part of interim measures in response to litigation. These interim measures will be removed or replaced by other mitigation measures once the U.S. Fish and Wildlife Service or the National Marine Fisheries Service complete consultation with the EPA. Those restrictions can be found on the Endangered Species Litigation page.

Ag fields with riparian buffer near river

Image 3. When applying pesticides to an agricultural field near surface water, many pesticide labels will require buffer zones, separating the surface water from pesticide drift or runoff. The above photo displays an example of a vegetation buffer, which should be at least twice the height of the crop.

Mitigation Strategies on Pesticide Labels

The EPA has implemented a range of mitigation measures for pesticides to comply with the Endangered Species Act (ESA) and protect vulnerable species and their habitats. These measures aim to reduce the negative impacts of pesticide exposure on endangered and threatened species while allowing for necessary pesticide use in agriculture, forestry, and other sectors.

Mitigation strategies include:

  1. Buffer Zones: To prevent pesticide drift or runoff, applicators may be required to maintain buffer zones around sensitive areas like waterways or habitats of endangered species.
  2. Application Restrictions: Timing restrictions are often applied to limit pesticide use during sensitive periods, such as breeding or nesting seasons for certain species.
  3. Use Limitations and Product Modifications: The EPA may restrict the use of certain pesticide formulations or require modifications in application methods to reduce risks to non-target organisms.
  4. Bulletins Live! Two: This online tool provides location-specific information to applicators, outlining real-time restrictions based on proximity to endangered species habitats.

These measures, developed in coordination with the U.S. Fish and Wildlife Service and the National Marine Fisheries Service, aim to minimize pesticide exposure risks to endangered species, helping applicators across the country—including agricultural producers and land managers—comply with the ESA while using pesticides responsibly.

Bulletins Live! Two

Bulletins Live! Two is an online tool provided by the U.S. Environmental Protection Agency (EPA) that offers specific guidance on pesticide use restrictions to protect endangered species and their habitats. This tool is part of the EPA’s efforts to implement the Endangered Species Act (ESA) in coordination with pesticide regulations. It allows pesticide applicators to access geographically specific information about endangered species protection measures before applying certain pesticides.

For pesticide applicators in Colorado, Bulletin Live! Two helps ensure compliance with federal and state regulations by offering location-based restrictions. Applicators can enter a specific application area in Colorado (using a map or location details) to receive a customized bulletin with up-to-date, site-specific instructions. These bulletins may include requirements like buffer zones, timing limitations, or other usage restrictions designed to reduce the potential impact on local endangered species and critical habitats.

By following the instructions provided in Bulletins Live! Two, Colorado applicators can meet ESA compliance requirements, safeguarding protected species while minimizing legal and environmental risks associated with pesticide use.

An example of a Bulletins Live Two search in Colorado for March 2025. A section is highlighted in red to display which areas have restrictions for the rodenticide Kaput.

Image 2. Pesticide usage limitation areas (PULA) can be found in the Environmental Protection Agency’s Bulletins Live Two! portal. Shown here are PULAs in Washington State (A) and the Midwest (B). PULAs can be very specific, such as in Washington where they predominately follow salmonid habitat. Others can have broad geographic coverage such as these in the Midwest states of Wisconsin, Iowa, Illinois, Indiana, and Michigan that can protect multiple endangered species and their habitats such as Oarisma poweshiek, known as the Poweshiek skipperling, and Lycaeides melissa samuelis, known as the Karner Blue butterfly. (Screenshots captured by Christopher McCullough, Ph.D.)

Q&A: Pesticides and the ESA

Ag fields with riparian buffer near river

What Is the Endangered Species Act (ESA)?

The Endangered Species Act (ESA), passed in 1973, is one of the most powerful tools for protecting biodiversity in the United States. Recognizing the importance of preserving the nation’s natural heritage, Congress designed the ESA to protect species at risk of extinction and conserve the ecosystems they rely on. It has since become a global model for conservation, safeguarding both animals and plants, as well as the habitats critical to their survival.

Under the ESA, species are classified as:

  • Endangered: At immediate risk of extinction.
  • Threatened: Likely to become endangered in the foreseeable future.

The law prohibits harming, hunting, or trading these species without a federal permit. It also requires the designation of critical habitats, which are areas essential for the survival and recovery of these species. As of February 2023, the ESA protects over 2,300 species, with 1,678 found in the United States.

The ESA’s ultimate goal is recovery—helping endangered species rebound so they no longer require federal protection. Since its implementation, 55 species have been delisted due to recovery, with 37 achieving this milestone in the last decade.

How Does the EPA Incorporate the ESA?

When registering pesticides, the EPA evaluates their potential impacts on endangered species. If risks are identified, the agency implements measures to mitigate harm. These steps include:

  • Issuing Endangered Species Protection Bulletins: These bulletins outline specific restrictions on pesticide use in vulnerable areas to protect endangered species and their habitats.
  • Ensuring Ecosystem Protection: By enforcing these restrictions, the EPA ensures that pesticides remain effective while safeguarding the ecosystems that endangered species depend on.

For pesticide users, the EPA employs a picklist system, a flexible framework to help meet mitigation requirements under the Endangered Species Act (ESA). Key features include:

  • Menu of Practices: The picklist offers options like planting vegetative buffer strips, adopting conservation tillage, using berms or tailwater return systems, and participating in conservation programs.
  • Point-Based Compliance: Each pesticide product specifies a required number of mitigation points. Users earn points by implementing picklist practices, with relief points available for factors such as low runoff potential or pre-existing mitigation efforts.

This system accounts for geographic and environmental variations, tailoring requirements to local conditions like rainfall, soil type, and landscape vulnerability. By enabling users to choose the most suitable practices, the picklist supports compliance with environmental protections while minimizing disruptions to farming operations. This balanced approach promotes sustainable agriculture and conservation.

What Prompted the EPA to Make These Changes?

The EPA began actively working to comply with the Endangered Species Act (ESA) after years of facing legal challenges and growing public and judicial pressure to address the environmental impact of pesticides. Historically, the agency struggled to balance its regulatory responsibilities under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) with ESA requirements, which led to delays and incomplete assessments of how pesticides affect endangered species and their habitats. By 2021, the EPA was involved in nearly two dozen lawsuits concerning thousands of pesticide products, with courts even removing some pesticides from the market due to ESA non-compliance. These legal battles highlighted the urgency for systemic changes. To resolve these issues, the EPA adopted a more proactive, programmatic approach, including strategies like the picklist system, to streamline compliance while reducing risks to endangered species and providing clarity for farmers and pesticide users. This shift reflects a broader commitment to environmental protection and regulatory accountability​.

U.S. EPA. (2024). EPA Finalizes First-of-its-Kind Strategy to Protect 900 Endangered Species from Herbicides.

How Does the Endangered Species Protection Program (ESPP) Work?

Collaboration is at the heart of the ESPP. The program relies on input from multiple stakeholders to assess risks and implement protections:

  • The EPA ensures pesticides comply with FIFRA and the ESA.
  • Federal wildlife agencies, like the U.S. Fish and Wildlife Service (FWS) and NOAA Fisheries, provide scientific recommendations and issue Biological Opinions to guide risk reduction efforts.
  • States and tribal governments help enforce restrictions, review local risks, and offer feedback to improve the program.

When a pesticide poses risks to endangered species, the EPA tailors restrictions to specific geographic areas, ensuring targeted protection. These restrictions are shared via the Bulletins Live! Two system, an online platform that provides pesticide users with:

  • Maps of areas affected by restrictions.
  • Details about which pesticides are restricted and why.
  • Dates when restrictions are in effect.

Compliance is mandatory; pesticide labels direct users to these bulletins, and adherence is required under federal law. Violations can lead to penalties under FIFRA or the ESA.

The ESPP aims to protect endangered and threatened species from pesticide impacts through:

  • Risk Assessments: The ESPP evaluates how pesticides may affect endangered species and their habitats, collaborating with agencies like the U.S. Fish and Wildlife Service (FWS) and the National Marine Fisheries Service (NMFS) to ensure compliance with the Endangered Species Act (ESA).
  • Mitigation Measures: The program develops strategies to reduce risks, such as restricting pesticide use near critical habitats, timing applications to avoid sensitive periods, and implementing practices to minimize runoff and drift.
  • Endangered Species Bulletins: The program provides Bulletins Live! Two, an online tool offering pesticide users location-specific guidelines on restrictions and best practices for protecting endangered species in their areas.
  • Education and Outreach: ESPP emphasizes educating pesticide users on their ESA responsibilities, collaborating with state, tribal, and local organizations to spread important information.
  • Labeling Requirements: Pesticide labels may direct users to the ESPP website or include specific requirements for compliance, ensuring that pesticide use aligns with species protection efforts.

How Does This Protect Wildlife from Pesticides?

The EPA’s process for evaluating pesticide safety is rigorous. During registration, the agency examines how pesticides interact with the environment, assessing factors such as how they break down, move through ecosystems, and affect wildlife. Species evaluated include birds, mammals, fish, invertebrates, and plants.

If a pesticide is determined to pose risks, the EPA takes one of two paths:

  • If risks are minimal, the pesticide is deemed not likely to adversely affect the species.
  • If significant risks are found, the pesticide is classified as likely to adversely affect, and mitigation measures are implemented.

In high-risk scenarios, the EPA consults with wildlife agencies to develop strategies to prevent harm. These strategies often include modifying pesticide labels or restricting use in specific areas where endangered species are most vulnerable.

What Resources Are Available for Pesticide Users?

The EPA provides several resources to help users minimize the environmental impact of pesticides:

  • Guidance for Specific Groups: Tailored advice is available for household users, farmers, and certified applicators.
  • Interactive Tools: Resources like the Salmon Mapper and San Francisco Bay Mapper help users identify regional restrictions designed to protect wildlife.
  • Bulletins Live! Two: This online tool provides information on pesticide use limitations in specific locations. Users can search by geographic area and product registration number to find current restrictions.