Endangered Species Act Consultations on Pesticide Product Registrations and Re-Registrations
With the U.S. Environmental Protection Agency
About Endangered Species Act Pesticide Consultations
NOAA Fisheries protects, conserves, and recovers threatened and endangered species listed under the Endangered Species Act (ESA). Pesticides used nationwide can impact a wide range of listed species and their designated critical habitats. To address these risks, the U.S. Environmental Protection Agency (EPA) consults with us on pesticides they believe might impact a listed species or designated critical habitat.
All pesticides distributed or sold in the United States must be registered (licensed) by the EPA under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). If the EPA finds a pesticide may affect a listed species or designated critical habitat, they must consult with us or the U.S. Fish and Wildlife Service (FWS) under the ESA. During this consultation, we may work with EPA to develop conservation measures to lessen any potential impacts to listed species and their designated critical habitat.
Most of these conservation measures are designed to stop or limit pesticides from entering aquatic habitats. Some conservation measures are location specific. In these situations, EPA directs pesticide users to Endangered Species Protection Bulletins. For additional information, EPA’s Protecting Endangered Species from Pesticides website is available at: https://www.epa.gov/endangered-species.
Pesticide Effects on Endangered and Threatened Species
Endangered and threatened species, along with their designated critical habitats, can be harmed by pesticides. This harm can occur in two ways: directly from the toxicity of the pesticides, or indirectly by affecting other plants or animals that these species depend on for survival. Pesticides can enter aquatic habitats when water or soil drain from land where pesticides are applied (“runoff”). When pesticides are sprayed, dust or droplets can move through the air (“drift”). Our listed species and their critical habitats may encounter pesticides if runoff or drift reaches streams, estuaries, or oceans. Depending on the chemical, species, and how much pesticide gets to the animal, pesticides can cause a variety of health problems. These can range from slowing down or changing the way an animal grows to death. Pesticides can impact listed species indirectly if, for example, pesticides decrease the availability of their primary food source or prey.
A selection of resources on pesticide effects to endangered and threatened species may be found below.
- Pesticide Effects on the Environment and Human Health (PDF, 29 Pages).
- Chemical Pollution Impacts on Threatened Marine Mammals (PDF, 16 Pages).
- Dissolved Copper Sensory Effects on Juvenile Salmonids (PDF, 55 pages).
- EPA's Endangered Species Protection Program.
- Indirect Effects in Endangered Species Assessments for Pesticides (PDF, 22 pages).
- Indirect Effect of Pesticides to ESA-Listed Species (PDF, 29 pages).
- Integrating Ecological Risk Assessment with the Endangered Species Act (PDF, 31 pages).
- Population Models Used in NOAA Fisheries Biological Opinions (PDF, 49 pages).
Brief History of Interagency Cooperation on Pesticide Consultations
In the early 2000’s, EPA began assessing existing pesticide active ingredient impacts to listed Pacific salmonid species and their designated critical habitat. This was in response to concerns raised in litigation that EPA failed to consult with us to meet its ESA obligations when registering pesticides under FIFRA (refer to timeline below for more information). Since then, we have issued biological opinions under ESA section 7(a)2 on pesticides. We also have assisted EPA with their implementation of conservation measures (more information in the section below). Detailed information about the history of lawsuits challenging EPA’s pesticide actions is available on EPA’s website.
Timeline describing major activities related to national-level pesticide consultations between EPA and NOAA Fisheries, including relevant lawsuits, rulemaking, and biological opinions.
During this assessment process, EPA, NOAA Fisheries, FWS, and the U.S. Department of Agriculture (collectively referred to as “the Agencies”) recognized the need to align conflicting methods for assessing pesticide use risk. The Agencies asked the National Academy of Sciences (NAS) to examine tools and approaches for assessing the effects of pesticide registrations on endangered and threatened species and their designated critical habitats (refer to timeline above for more information). NAS completed its report in 2013 and the Agencies convened a workgroup to determine how to implement the recommended risk assessment methods.
Currently, we are working with the EPA to improve the efficiency of the ESA section 7(a)2 consultation process for FIFRA actions. This new approach aims to further develop risk assessment methods, prioritize upfront ESA mitigations, and standardize pesticide runoff and spray drift avoidance and minimization measures to reduce pesticide use risk to listed threatened and endangered species and their designated critical habitats. These measures may include limiting authorized application uses in specific geographical areas, particularly locations that are most important to the species and habitats in terms of recovery and conservation. Once completed, this new approach will allow us to expedite the ESA process for registrations of new active ingredients while enhancing protections for species under NOAA’s jurisdiction.
NOAA Fisheries' Biological Opinions for National-Scale Pesticide Registrations and Re-Registrations
The EPA has completed ESA section 7(a)2 consultations with us on the registration and re-registration of select pesticide active ingredients under FIFRA. Final biological opinions we have issued to EPA since 2008 are listed in the table below.
| Active Ingredient(s) | Final Biological Opinion Date | Region and Species1 Assessed | Final Biological Opinion Conclusion | |||
Not Likely to Adversely Affect | No Jeopardy/ No Adverse Modification | Jeopardy/ Adverse Modification | Select Elements2 | |||
National All species | 38 species 24 critical habitats4 | 61 species 62 critical habitats | -- | Product label revisions; geographically- specific pesticide use limitation areas | ||
Jun 30, 2022 (supersedes 2017; 2008) | National All species | 21 species 6 critical habitats | 78 species 49 critical habitats | – | Product label revisions; geographically- specific pesticide use limitation areas | |
Jun 30, 2021 | Contiguous west coast Salmon and steelhead | --
| 28 species 28 critical habitats | -- | Product label revisions; geographically- specific pesticide use limitation areas | |
Jun 30, 2021 | Contiguous west coast Salmon and steelhead | --
| 28 species 28 critical habitats | -- | Product label revisions; geographically- specific pesticide use limitation areas | |
Dec 29, 2017 (superseded by 2022; supersedes 2008) | National All species | 19 species 3 critical habitats | 39 species 13 critical habitats | 38 species 37 critical habitats– | Product label revisions; geographically- specific pesticide use limitation areas | |
Jan 7, 2015 | Contiguous west coast Salmon and steelhead | -- | 5 species 3 critical habitats | 23 species 23 critical habitats | Product label revisions
| |
Jul 2, 2012 | California Central Valley Salmon and steelhead | -- | 3 species 3 critical habitats | -- | Product label revisions; product applicator stewardship training | |
May 31, 2012 | Contiguous west coast Salmon and steelhead | -- | 12 species 12 critical habitats | 16 species 14 critical habitats | Product label revisions; fish mortality and incident reporting | |
Captan; chlorothalonil; 2,4-D; diuron; linuron; and triclopyr BEE | Jun 30, 2011 | Contiguous west coast Salmon and steelhead | -- | 0 species 14 critical habitats | 28 species 12 critical habitats | Product label revisions; fish mortality and incident reporting |
Aug 31, 2010 | Contiguous west coast Salmon and steelhead | 1 species 3 critical habitats | 4 species 0 critical habitats | 23 species 25 critical habitats | Product label revisions; fish mortality and incident reporting | |
Contiguous west coast Salmon and steelhead | --
| 6 species 6 critical habitats | 22 species 20 critical habitats | Product label revisions; fish mortality and incident reporting | ||
Nov 18, 2008 (superseded by 2022; 2017) | Contiguous west coast Salmon and steelhead | --
| 1 species 1 critical habitat | 27 species 25 critical habitats– | Product label revisions; fish mortality and incident reporting | |
1 Species include all ESA-listed and proposed species and subspecies. 2 Elements may consist of Conservation Measures, Reasonable and Prudent Alternatives, Reasonable and Prudent Measures, and/or Terms and Conditions. 3 Includes conference on species or critical habitat(s) proposed to be listed under the ESA. 4 Critical habitat includes all designated and proposed critical habitat. | ||||||
Other pesticide consultations activities may be found in the list below.
- Atrazine Nonconcurrence Letter to EPA: May 29, 2007 (PDF, 5 pages).
- Atrazine Technical Appendix (PDF, 42 pages).
- Racemic Metolachlor Nonconcurrence Letter to EPA: July 13, 2007 (PDF, 5 pages).
- Racemic Metolachlor Technical Appendix (PDF, 49 pages).
- Clomazone Nonconcurrence Letter to EPA (PDF, 4 pages).
- Fomesafen Nonconcurrence Letter to EPA (PDF, 4 pages).
Resources for Pesticide Users
In some cases, EPA may require changes to pesticide label use conditions to ensure pesticide use will not jeopardize the continued existence of a listed species or destroy or adversely modify designated critical habitat. If changes are necessary only in specific geographic areas (rather than nationwide), EPA implements these changes through geographically-specific Endangered Species Protection Bulletins. Those without internet access may check availability and applicability of Bulletins by calling (844) 447-3813.
Additional information for pesticide users may be found in the list below.
- NOAA Fisheries Endangered Species Act and Federal Insecticide, Fungicide, and Rodenticide Act 2024 Update (PDF, 19 pages).
- Species Critical Habitat Spatial Data for ESA FIFRA Consultations
- NOAA Fisheries Endangered Species Act Mitigation Handout for Pesticides 2024 (PDF, 1 page).
- Society of Environmental Toxicology and Chemistry – website of a worldwide professional organization with data on pesticides and environmental management.
- Oregon Department of Agriculture, Pesticide Stewardship Partnership
- Guidance on pesticides and endangered salmonids
- California Department of Pesticide Regulation, PRESCRIBE database- Pesticide use limitation for applications near endangered species
- Endangered Species project information and additional links
- Washington Department of Agriculture, Interim pesticide buffers
- Surface water monitoring reports
More Information
West Coast Salmon Recovery and Planning
Endangered Species Act Consultations