Endangered Species Act and Herbicide Applications: What is Different Now?

Authored by: Dr. Ed Borgato, WFREC Crop Weed Specialist and Ranieri Borsari, Research Assistant

The Endangered Species Act (ESA) language on pesticide labels focuses on protecting species, their habitats, and family farms. This strategy was designed to improve pest and weed control, help manage resistance, save input and, importantly, extend the life of products. It is important to stay in compliance with federal and state regulations to mitigate runoff and spray drift, so products remain on target and available for use. There are two key resources that must be checked when preparing for herbicide applications:

Product label: read the label in full to identify application procedures recommended by the manufacturer for runoff and spray drift mitigation;
Bulletins Live! Two: provides location-specific information that must be verified within 6 months of application.

Both provide specific information to ensure you’re applying your product on target.

The Environmental Protection Agency (EPA) has implemented the Pesticide Label Mitigation App (PALM), a point system (0-9) related to the adoption of practices that can help mitigate runoff and spray drift, including many that you’re already doing. For example, conservation tillage can earn points. The PALM allows farmers to:

Enter required runoff points or drift buffers from the label and Bulletins Live! Two;
Organize mitigation options by field characteristics, in-field or adjacent practices, and application methods;
See real-time point or buffer status and print a summary document.

In Summary, the approach to remain in compliance with the Endangered Species Act (ESA) is to:

Review label for runoff points and drift buffer requirements;
Check Bulletins Live! Two for location-specific rules;
Use PALM to verify if your practices meet required points and buffers, documenting results.

Bulletins Live! Two

Bulletins Live! Two (BLT) provides requirements to protect endangered and threatened species additionally to those specified in the products label. Applicators need to consult BLT if the product label indicates the requirement. When navigating the BLT, you need to search the location, enter the month of the planned application (must revisit every 6 months) and identify if your field is located within pink-highlighted areas (Pesticide Limitation Areas, PULAs). The bulletin of your field contains descriptions of products limitations. In the example below, the selected PULAs have limitations regarding spraying Engenia, Stryax, and Tavium Plus Vapor Grip currently. Outside of PULAs, the label recommendations must be implemented. Within those PULAs, three additional points are required for utilizing those products.

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Spray drift and runoff mitigation measures

Some labels now list mandatory downwind buffer distances, required by the Endangered Species Act (ESA), which vary by product and are in addition to the other Federal Insecticide, Fungicide, and Rodenticide Act. It is recommended that you use the most restrictive buffer requirement, whether it comes from the label or Bulletins Live! Two. The Pesticide App for Label Mitigations (PALM) is a browser and mobile-friendly tool for spray-drift and runoff mitigation. After confirming buffers or applying mitigation practices, finish with a final summary and print documentation for compliance.

Using the PALM app:

Open the PALM website;
Check if your product’s label or BLT references the EPA mitigation menu website for spray drift or runoff;
If not referenced, follow buffer distances directly from the label – close the calculator;
If referenced, continue the systematics in the calculator;
Document choices in the calculator for record-keeping.

After adding practices, PALM reports total points earned. If the required points are met, you may proceed to the final summary and print documentation. The app also lists which options were not selected so you can review or add them later. For operations with many fields, you can group fields under a single set of mitigation settings.

table showing spray drift buffers and mitigation points for six herbicide options — Source: **Getting Rid of Weeds Through Integrated Weed Management**

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These tools help meet Endangered Species Act requirements while keeping farming productive and environmentally responsible. The use of the label, BLT, and the PALM calculator together is fundamental to stay compliant, manage runoff and drift while maintaining agriculture productive and the environment protected. For more detailed information, we encourage you to visit the GROW website.

If you need help, contact your local county extension agriculture agent. They can guide you through the process.