Download Protecting Endangered Species

PROTECTING ENDANGERED SPECIES
Protecting Endangered Species
As a pesticide user, why should you be concerned with endangered and threatened species?
Before considering this question, first review some general information and facts surrounding
this concept.
The Endangered Species Act (ESA)
Any species of plant or animal, with the exception
of pest insects, can be listed as an endangered or
threatened species. In 1973, Congress passed the
ESA. There was expressed concern that many of
United States’ native plants and animals were in
danger of becoming extinct. Under the ESA, by
definition, an endangered species is any species
that is in danger of extinction throughout all or
a significant part of its range.
The Act also encompasses threatened species, which
are characterized as any species that is likely to
become endangered within [the] foreseeable future
throughout all or a significant part of its range.
The ESA divides implementation between two
federal agencies. Jurisdiction over terrestrial species
is given to the U.S. Fish & Wildlife Service (USFWS),
while jurisdiction over marine species falls to the
National Marine Fisheries Service under the National
Oceanic and Atmospheric Administration (NOAA).
Endangered Species Criteria
Under the ESA, for a species to qualify for listing on
the endangered and threatened species list, that
species must be threatened with extinction by any
one of the following five factors:
1. The present or threatened destruction,
modification or curtailment of its habitat
or range
2. Overutilization for commercial, recreational,
scientific or educational purposes
3. Disease or predation
4. Inadequacy of existing regulatory mechanisms
5. Other natural or manmade factors affecting
its continued existence
Listing does not require that all five circumstances
are present – only one of the five factors need be
met with listing based upon the best scientific
information available.
In looking at the first factor, the importance of a
species’ habitat or range is included. An endangered
or threatened species’ habitat is often referred
to as its critical habitat. A species’ designated
critical habitat not only covers the area it occupies
(occupied habitat) but also contains areas outside the
geographic range it occupies (unoccupied habitat).
Once a species is listed under the ESA, it becomes
unlawful for anyone to take a listed animal without
a permit.
Take is defined as “to harass, harm, pursue,
hunt, shoot, wound, kill, trap, capture or collect
or attempt to engage in any such conduct.”
Through regulations, the term “harm” is defined
as “an act that actually kills or injures wildlife.
Such an act may include significant habitat
modification or degradation where it actually
kills or injures wildlife by significantly impairing
essential behavioral patterns, including
breeding, feeding or sheltering.”
ESA-listed plants are not protected from take.
However, they cannot be removed from or intentionally
harmed on federal lands. They are protected from
commercial trade and effects from Federal actions.
States may enact their own laws further limiting
activity involving listed animal and plant species.
Why Should You Be Concerned About Endangered
and Threatened Species?
First, consider that the U.S. Environmental
Protection Agency (EPA), a federal agency, regulates
the use of pesticides. The EPA must adhere to the
ESA in that the ESA places certain requirements on
federal agencies. Specifically, the EPA is bound by
the ESA to safeguard that any action it authorizes,
fund, or carries out, does not “adversely
impact” any listed species, or
“destroy or adversely modify”
any critical habitat for
that species.
Blue Pike
PROTECTING ENDANGERED SPECIES
The Endangered Species Protection Program (ESPP)
To meet its responsibilities, the EPA created the ESPP
in 1988. Initially voluntary under certain circumstances,
the program became enforceable under the Federal
Insecticide, Fungicide, and Rodenticide Act (FIFRA) on
November 2, 2005. The goal of the ESPP is to meet the
EPA’s obligations under FIFRA while complying with the
ESA, yet avoiding the placement of needless burden on
the agricultural industry, including pesticide users. The
ESPP can also be viewed as encouraging the recovery
of listed species.
The ESPP regulates whether pesticide use in a certain
geographic area may affect any listed species. If
limitations on pesticide use are necessary to protect
listed species in that area, the information is related
through Endangered Species Protection Bulletins.
During the EPA’s regular review of information
and data when determining approval of uses for
pesticide products, it will also evaluate whether or
not that pesticide use will affect listed species or their
designated critical habitat. All pesticide products that
EPA determines “may effect” a listed species or its
designated critical habitat may be subject to the ESPP.
At What Point Will Pesticide Products Be
Evaluated Under The ESPP?
Pesticide effects on listed species will occur during
the processes of pesticide registration, reregistration
and registration review. When the registration or
reregistration decision is determined, the conclusion
will speak to any issues related to the protection of
listed species. If the EPA determines that limitations
in the use of a pesticide are mandatory to guarantee
that the legal use of that pesticide will not adversely
affect a listed species or its designated critical
habitat, then the EPA is permitted to either alter the
provisions of the pesticide’s registration or establish
San Joaquin Kit Fox
Texas Blind Salamander
Passenger Pigeon
geographically specific pesticide use restrictions.
When such geographically specific use restrictions
are required, they will be noted in the Endangered
Species Protection Bulletins, which can be found on
the EPA’s website.
Endangered Species Protection Bulletins
These bulletins should be dated within six months
of using the pesticide and are enforceable once
referenced on a pesticide label. Information within
these bulletins includes identification of the listed
species and the name of the pesticide active ingredient
that may affect the listed species. The bulletin may
also include a description of the protection measures
needed regarding the listed species and a county-level
map indicating the geographic area(s) linked to the
protection measures. However, this map will depend
on the susceptibility of the listed species to other
problems, such as vandalism.
Bulletins will be effective and enforceable as part
of the product label. Pesticide users who fail to
follow label provision applicable to their pesticide
application, whether or not that failure results
in harm to a listed species, will be subject to
enforcement under the misuse provision of FIFRA.
Absent authorized incidental take, the pesticide user
could be liable under section 9 of the ESA for any
take that occurs as a result of pesticide application,
regardless of whether label provisions were followed.
FIFRA enforcement is carried out by the EPA, while
ESA execution is directed by the USFWS and NOAA,
as designated by the ESA.
Since local, state, and tribal situations may impact
certain approaches to the protection of listed species,
these entities may be allowed special opportunities to
review bulletins, including use limitations and maps.
States and tribes may further assist the ESPP process
Red Wolf
Key Deer
PROTECTING ENDANGERED SPECIES
with respect to enforcement and inspection activities.
The EPA will review recommendations from states
and tribes and adopt them if the proposals can be
implemented through the generic label statement ad
bulletins. These proposals would have to be suitable
for the protection of listed species.
Public Participation
As to public participation, it is the EPA’s intent to
make the ESPP as flexible as possible, including
modifications as necessary to maintain protection
of listed species and to diminish problems for
pesticide users. Public participation will be included
during registration, reregistration and registration
review processes.
The public will have three major opportunities
for input during the process of listed species
assessment:
1. Prior to a “may affect” determination by
the EPA
2. When identifying potential mitigation if a risk
assessment identifies a listed species concern
3. Prior to issuance of a Biological Opinion to EPA
by USFWS or NOAA. As the ESPP is further
developed and modified, the EPA will publish
updates to its website.
Endangered Species Examples
Some of the first listed endangered species that are
also still listed as endangered include:
• Indiana Bat
• Whooping Crane
• Key Deer
• San Joaquin Kit Fox
• Florida Panther
Carolina Parakeet
Eastern Elk
• Texas Blind
Salamander
• Red Wolf
• Ivory-billed
Woodpecker
Whooping Crane
Extinct species once found in the United States:
• Eastern Elk – Formerly found east of the Great
Plains; Extinct in 1880.
• Carolina Parakeet – Formerly found in
southeastern United States; Extinct around 1920.
• Passenger Pigeon – Formerly found in central
and eastern North America; Extinct in 1914.
• Blue Pike – Formerly found in Lakes Erie and
Ontario; Extinct around 1983.
• Sampson’s Pearlymussel – Formerly found in
Illinois, Indiana, and Kentucky; Extinct around
1984.
• Thismia Americana plant – Formerly found in
Illinois; Extinct in 1995.
Endangered Species Resources
U.S. Fish & Wildlife Service
NOAA Fisheries Service
U.S. Fish & Wildlife Service video:
Endangered Species Act 101
Photo/Illustration Credits
Blue Pike – NOAA Great Lakes Environmental Research Lab
Carolina Parakeet – Audubon-CornellLab of Ornithology
Eastern Elk – John James Audubon 1847
Florida Panther – FPNWR - USFWS
Indiana Bats – USFWS
Key Deer – Florida Keys Wildlife Refuges Photography Club
Passenger Pigeon – Allen Brooks CLO
Red Wolf – Wolf Conservation Center
San Joaquin Kit Fox – B. Moose Peterson
Texas Blind Salamander – Gary Nafis USFWS
Whooping Crane – Texas Parks and Wildlife
Indiana Bats
Florida Panther