"This product may have effects on endangered species. When using this product, you must follow the measures contained in the Endangered Species Protection Bulletin for the county in which you are applying the product. To obtain Bulletins consult www.xxx.xxx/xxxx, or call 1-800-XXX-XXXX no more than six months before using this product. You must use the Bulletin valid for the month in which you will apply the product."
A statement similar to this will appear on labels of pesticide which have an Endangered Species Protection Bulletin
In addition to prohibiting individuals from harming endangered and threatened species, the Endangered Species Act prohibits all federal agencies from "authorizing, funding, or carrying out any action that would jeopardize a listed endangered or threatened species, or destroy or modify its critical habitat." The U.S. Environmental Protection Agency (EPA) is a federal agency responsible for the registration of pesticides and is addressing the requirements of the Endangered Species Act through its Office of Pesticide Program's Endangered Species Protection Program.
The EPA's Endangered Species Protection Program is creating Endangered Species Protection Bulletins to assist pesticide applicators in using pesticides which pose a risk to endangered and threatened species. Endangered Species Protection Bulletins provide county-based maps giving general location of endangered and threatened species and specific limitations on pesticide product use. Limitations can involve buffer set-backs, reduced application rates, timing restrictions, and outright prohibitions on use.
Endangered Species Protection Bulletins become part of a pesticide's labeling and therefore need to be followed by law. To be current, a bulletin needs to be dated within six months of when a pesticide is used.
Endangered Species Protection Bulletins will be phased in over time as EPA registers new pesticides and reviews registration of existing pesticides. Bulletins can appear as early as 2009, although 2010 is more likely the first year bulletins will appear on pesticides used in Minnesota.
When an Endangered Species Protection Bulletin is part of a pesticide’s labeling, a statement will appear on the container label alerting applicators to obtain the bulletin and follow its instructions. Bulletins can be obtained through the EPA "Bulletins Live!" website, or calling an EPA toll free telephone number listed on the pesticide’s label.
A "walk-through" example of an EPA's Endangered Species Protection Bulletin (PDF: 188 KB / 3 pages).
EPA Endangered Species Protection Bulletins cover only federally listed endangered and threatened species. They do not cover additional species that may be listed as endangered or threatened by individual states or other organizations.
Following instructions in an Endangered Species Protection Bulletin does not remove a pesticide applicator from legal responsibility under the Endangered Species Act and the Federal Insecticide, Fungicide and Rodenticide Act. If a threatened or endangered species is killed or harmed through the use of a pesticide, or its critical habitat is destroyed or modified, the applicator may be legally responsible regardless of precautions taken.
Minnesota Department of Agriculture
Collie Graddick, Pesticide Management Unit
U.S. Environmental Protection Agency
Endangered Species Protection Program
Office of Pesticides Programs
U.S. Fish and Wildlife Service
Twin Cities Ecological Services Field Office
Minnesota Department of Natural Resources
Natural Heritage and Nongame Research Program