The Endangered Species Act1


IMPORTANT: Your pesticide’s label may advise you to get additional information (printed bulletins) from local government agencies before using the pesticide in an area that might be inhabited by the endangered wildlife listed on the lists linked below. You are legally obligated to obtain this additional information and follow its rules if they apply to you. (This is a result of the Endangered Species Act.) You should check all of your pesticide labels for endangered species protection statements.

The species of wildlife listed below have been designated as endangered species by the Federal government (U. S. Fish and Wildlife Service, part of the U.S. Department of the Interior). In the language of the Endangered Species Act, they are known as listed species. A complete list of Hawaiʻi's endangered species may be viewed at the following websites:

https://www.fws.gov/pacificislands/species.html

Hawaiian Islands Animals - Listed Species (pdf 65K)

Hawaiian Islands Plants - Listed Species (pdf 89K)


Introduction

The purpose of this federal law is to protect rare plants and animals (and their habitats) that are threatened or in danger of becoming extinct. The federal agency which enforces this law is the U.S. Fish and Wildlife Service (part of the U.S. Department of the Interior).

Section 7 of the law affects all Federal agencies whose actions could "jeopardize" endangered species and their habitats. Since the U.S. Environmental Protection Agency (EPA) is a Federal agency, it must make sure that any action it takes does not jeopardize endangered species. Indirectly, this law affects pesticide applicators because the EPA, by its authority to register pesticides, determines what instructions may be printed on pesticide labels. The Hawaiʻi Department of Agriculture is also affected because it is responsible for ensuring that pesticides are used according to instructions on pesticide labels.


Summary of the Hawaiʻi State government’s plan to protect its endangered species2

1. PRODUCT BULLETINS

The EPA will take action to gradually change all pesticide labels so that they carry statements about protecting endangered species. The exact wording of the statements has not been developed yet, but new pesticide labels will instruct the pesticide applicator to contact the proper local government agency for specific information about local endangered species. The information will be printed in the form of a pesticide product bulletin (or other type of labeling3).

The pesticide applicator will be legally obligated to heed any warnings or prohibitions listed in the pesticide product bulletin. The product bulletin will be considered as enforceable part of the pesticide’s label.

2. RESTRICTED PESTICIDES

The Hawaiʻi Department of Agriculture may declare a pesticide as restricted if:

  • the pesticide product bulletin (or other endangered species labeling) would be too complicated; or,
  • the pesticide is likely to be misused.

3. SINGLE-PURCHASE PERMIT4

If a local situation calls for the pesticide application site to be evaluated first, the Hawaiʻi Department of Agriculture may require the pesticide buyer to first obtain a single-purchase permit. The single-purchase permit would specify conditions which must be met when the pesticide is applied. When the single-purchase permit is granted, the pesticide application would be monitored by personnel from the Hawaiʻi Department of Agriculture or the Hawaiʻi Department of Land and Natural Resources or both.

4. CANCEL SPECIFIC PESTICIDE USE

If regulatory actions do not eliminate or control the negative effects of a pesticide use on an endangered species (or its habitat), the Hawaiʻi Department of Agriculture may be cancel (ban) certain use(s) of a pesticide in Hawaiʻi.


1 The Endangered Species Act of 1973

2 The State of Hawaiʻi’s plan to protect endangered species is described in a memorandum from the Chairman of Hawaiʻi’s Board of Agriculture to the U.S. EPA’s Office of Pesticide Programs. The memorandum is dated June 2, 1989. It describes what actions our State government will take in order to comply with the Endangered Species Act.

3 The word labeling means any brochure, leaflet, pamphlet, bulletin or other printed or graphic material to which a pesticide label refers.

4 A single-purchase permit would be issued to a certified applicator. The permit would state the maximum amount of a restricted-use pesticide the applicator could buy and would be good for only one purchase.

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QUESTIONS OR PROBLEMS WITH THIS WEBPAGE? This on-line version is made and maintained in our office at the University of Hawaii's Manoa campus located in Honolulu, Hawaii. To comment, make suggestions, ask questions, or report any problems with this website, please contact Charles Nagamine, EMAIL: cynagami@hawaii.edu, TELEPHONE: (808) 956-6007, MAIL: P.E.P.S. Dept., 3190 Maile Way Room 307, Honolulu, Hawaii 96822.