The Federal Endangered Species Act (ESA) passed by Congress in 1973 and amended in 1988 is intended to protect and promote the recovery of animals and plants in danger of becoming extinct throughout all or a significant portion of their range. It requires federal agencies to ensure that any action they carry out or authorize is not likely to jeopardize the continued existence of any endangered species as well as prevent destruction or modification of designated critical habitat. The Environmental Protection Agency’s (EPA) requirement for federal registration of pesticides is considered to be ‘authorization’ under the ESA. This fact requires EPA to ensure registration of a pesticide and its use are not likely to jeopardize endangered species.

To address this requirement, EPA developed the currently voluntary Endangered Species Protection Program. The program relies on cooperation between the U.S. Fish and Wildlife Service (FWS), EPA regions, States and pesticide users to provide protection for endangered species from the use of pesticides while also attempting to minimizing the impact to pesticide users. The program will be implemented by both generic label statements as to endangered species concerns and specific label statements which will direct the user to county bulletins. The bulletins will indicate the areas there pesticide use is limited due to presence of a listed species.

NMDA is the state lead agency in the regulation of pesticide registration, licensing, and use.

The Pesticide Compliance group will serve to assist in informing affected pesticide users about potential endangered species concerns due to pesticide application in areas indicated on county bulletins. County specific bulletins for New Mexico are currently under development. Affected areas and species of concern will be designated based on New Mexico Natural Heritage Foundation survey data. Once available, the bulletins will be distributed through several avenues including county extension offices, pesticide dealers, chemical sales representatives, pesticide marketplaces, other state agencies, as well as the NMDA website. A toll free number is currently available for inquiries about pesticide related endangered species questions. The number is 1-800-432-5310 and is available to anyone calling from within the state of New Mexico.

NMDA encourages all pesticide users to consider protective measures when applying pesticides to address endangered species concerns. This includes the following:

• Always apply pesticides according to label direction.

• Attempt to use the minimum effective application rate and least harmful application method.

• Choose pesticides that are the least toxic to wildlife and native plants as well as the least likely to move offsite by volatization, run-off, or leaching.

• Allow buffer zones around the application sites when next to natural or wild areas such as wetlands.

• Avoid drift to off target areas by making applications only when weather conditions are proper, utilizing low pressure and larger nozzle openings, or adding drift retarding adjuvants.

• Consider wildlife nesting, migration and spawning seasons when planning pesticide applications.

EPA Endangered Species

U.S. Fish and Wildlife Service

New Mexico Game and Fish