U.S. agriculture is undergoing major changes in how the Endangered Species Act is applied to pesticide use, prompting new labeling requirements that will affect growers over the next 15 years.
The changes stem from litigation challenging the Environmental Protection Agency’s efforts to protect endangered species from pesticide exposure. In response, EPA is implementing updated pesticide labels and mitigation requirements intended to reduce impacts on listed species while maintaining product availability for growers.
According to the National Corn Growers Association, the new rules will gradually be added as pesticide products come up for registration or review.
“NCGA has been in-tune with these changes since they began,” said Becky Langer Curry, NCGA director of inputs and innovation. “We’re ensuring growers’ voices are heard throughout the process and have called for transparency and science-driven work, such as the species core maps, where it will impact growers the most.”
Langer Curry said Liberty Ultra is one example of a product already carrying new ESA label language that could affect corn growers.
EPA has been developing a series of ESA strategies for herbicides, insecticides, fungicides and vulnerable species that are expected to have significant impacts on corn production. The strategies allow EPA to estimate potential effects on protected species before completing consultations with the U.S. Fish and Wildlife Service or the National Marine Fisheries Service.
Those estimates allow EPA to put protections in place while continuing product access for growers.
“The few labels that have been proposed or finalized with the new strategies give us an excellent view into the application of the strategies,” Langer Curry said. “Understanding the process, we’re able to proactively provide information and nuance related to the various tools growers use on a regular basis.”
The ESA compliance framework relies on three mitigation categories: label mitigation, field mitigation and geographic mitigation.
Label mitigation applies to all pesticide users and becomes effective once a product is registered or reviewed. Growers are encouraged to routinely check labels because requirements may change over time.
Field mitigation focuses on runoff, erosion and spray drift tied to individual operations. When additional mitigation is required, growers and applicators may be directed to EPA’s mitigation menu to select practices suited to their operations. Options may include cover crops, tillage practices, spray nozzle adjustments and boom height modifications.
Geographic mitigation may impose additional restrictions through Pesticide Use Limitation Areas, or PULAs. EPA is using more than 1,600 species core maps to refine species locations and determine where restrictions may apply. About 10 maps are finalized, while nearly 200 are considered interim pending review from the Fish and Wildlife Service.
Growers are encouraged to review USDA’s Bulletin Live! Two system several months before pesticide applications to determine whether product-specific geographic restrictions apply.
“I’ve heard from numerous corn growers and their trusted advisors stating that these mitigations are achievable,” Langer Curry said. “If they don’t seem doable, a grower should really take a look at their operation and make some changes under the idea of continuous improvement.”
NCGA officials said the organization continues working with EPA on species prioritization and core map development for species expected to have the greatest impact on corn production. Langer Curry also is coordinating with state corn organizations on regional pest and species concerns affecting growers.
Source: National Corn Growers Association, "Changes to ESA May Be Slow Rolling, but Can Be Consequential"