Pesticide Permitting-ESA Procedures
Part 1.1.2.4 of the Pesticide General Permit (PGP): Endangered and threatened species and critical habitat protection under the PGP
Section 9 of the Endangered Species Act prohibits take (e.g., harm or harassment) of ESA-listed fish and wildlife species unless the take is authorized or exempted under the ESA.
All Decision-makers discharging to waters where National Marine Fisheries Service (NMFS) Listed Resources of Concern occur are required to submit a Notice of Intent (NOI) certifying eligibility under one of the six eligibility criteria in Part 1.1.2.4 of the PGP. The Eligibility Criterion Selection Worksheet (pdf) may be helpful in selecting and documenting your eligibility criteria.
NMFS' Listed Resources of Concern encompass federally-listed endangered and threatened species and federally-designated or proposed critical habitat for which NMFS, in its Biological opinion entitled, ‘2021 Endangered Species Act Section 7 Consultation Biological Opinion on the United States Environmental Protection Agency’s Proposed Pesticides General Permit,’ concluded that the draft 2021 PGP, absent any additional mitigating measures, would either jeopardize the continued existence of such species or destroy or adversely modify such critical habitat. The Biological opinion included a Reasonable and Prudent Alternative, implemented through this permit, to avoid likely jeopardy to listed species or adverse modification of designated critical habitat. Additional information, including maps noting where these resources overlap with PGP areas of coverage is available below.
NOTE 1: If your Pest Management Area overlaps with waters where NMFS’ Listed Resources of Concern occur and you expect to discharge residues from the application of piscicides or those pesticides that a NMFS' biological opinion has determined the labeled use would jeopardize the continued existence of ESA-listed species and/or adversely modify designated critical habitat, it is in your best interest to contact your regional NMFS office (https://www.fisheries.noaa.gov/contact-directory/regional-offices) or the Office of Protected Resources in Silver Spring, Maryland ([email protected]) and request “technical assistance on potential pesticide applications from an ESA section 7 biologist.” As of October 2023, these pesticides include:
| 2,4-D | Fenbutatin oxide |
| Carbaryl | Naled |
| Chlorothalonil | Oryzalin |
| Diflubenzuron | Pendimethalin |
| Diuron | Propargite |
See the NMFS pesticide consultation webpage for more information on FIFRA consultations with NMFS. NMFS has not consulted on all pesticides currently authorized for use under the PGP.
The maps linked to below will help you to determine whether the receiving water for any of your discharges overlaps with NMFS listed resources of concern. If there is overlap, see Appendix I of the PGP, Endangered Species Procedures, for additional instructions. If you need assistance in identifying overlap, contact your local regional NMFS office (https://www.fisheries.noaa.gov/contact-directory/regional-offices) to request technical assistance specifically from an ESA section 7 biologist.
NOTE 2: The areas affected by applications in your Pest Management Area may overlap with areas where federally-listed or proposed species and/or designated or proposed critical habitats under the jurisdiction of the U.S. Fish and Wildlife Service (FWS) occur. We recommend you use the FWS’s Information for Planning and Consultation (IPaC) tool to help you determine if any of these protected ESA resources overlap with your proposed affected area. IPaC also provides FWS Field Office contact information for questions and technical assistance based on locations selected in the tool.
As of June 30, 2023, for the pesticides covered under the EPA’s Pesticide General Permit, the FWS has issued a biological opinion for the registration review of malathion. Measures for ESA-listed and proposed species and designated and proposed critical habitat are being added to malathion labels through Bulletins Live! Two. In the interim, we advise those who are using malathion in areas with ESA-protected resources under FWS jurisdiction to implement the measures found in Appendix A-C and Appendix A-D of the Biological and Conference Opinion on the Registration of Malathion Pursuant to the Federal Insecticide, Fungicide, and Rodenticide Act, as applicable.
PGP NMFS Listed Resources of Concern - Interactive Mapping Tool
- Northeastern and Mid-Atlantic U.S.: NOAA Fisheries Greater Atlantic Region ESA Section 7 Mapper
- GARFO Mapper (Greater Atlantic Region)
- Southeast Region U.S.: NOAA Fisheries Southeast Region ESA Section 7 Mapper
- Southeast Mapper (North Carolina through Florida, the Gulf of Mexico, and the U.S. Caribbean)
- Alaska: Alaska Endangered Species and Critical Habitat Mapper Web Application
- Western U.S.: West Coast Region Protected Resources App
- WRC Mapper (West Coast Region)
- Pacific Islands
- Contact the Pacific Islands Regional Office or (808) 725-5000
- General Map - If you have determined your discharge does not overlap with NMFS Listed Resources of Concern, using the maps above, you can use this general map to identify your Pest Management Area and print in pdf to attach to your Notice of Intent (NOI).
OR
Alternative PGP Sources of Information for NMFS Listed Resources of Concern
- a list of state watersheds and/or U.S. waters where the NMFS resource of concern(s) is identified,
- a list of state counties where the NMFS resource of concern(s) is identified, or
- a state map.
- Idaho
- PGP discharges within the state under the 2016 PGP. Indian Country within Idaho under the 2021 PGP (Salmon and Steelhead).
- Idaho lists and/or maps of states, affected counties, watersheds, or waters (pdf)
- Washington
- Federal facility discharges and discharges on Indian Country within the state (Steelhead and Salmon; Eulachon; Green Sturgeon; Bocaccio: Yelloweye Rockfish; Canary Rockfish; and Green, Olive Ridley, Leatherback, and Loggerhead Sea Turtles in coastal waters).
- Washington lists and/or maps of states, affected counties, watersheds, or waters
- Oregon
- Discharges on Indian Country within the state (Steelhead and Salmon; Eulachon; Green Sturgeon; and Green, Olive Ridley, Leatherback, and Loggerhead Sea Turtles in coastal waters).
- Oregon lists and/or maps of states, affected counties, watersheds, or waters (pdf)
- California
- Discharges on Indian Country within the state (Steelhead and Salmon; Eulachon; Green Sturgeon; and Green, Olive Ridley, Leatherback, and Loggerhead Sea Turtles in coastal waters).
- California lists and/or maps of states, affected counties, watersheds, or waters (pdf)
- Massachusetts
- Any PGP discharge to coastal areas (Atlantic sturgeon and shortnose sturgeon; Green, Hawksbill, Kemp’s Ridley, Leatherback, and Loggerhead Sea Turtles).
- Any PGP discharge within Massachusetts to the Merrimack River below the Essex Dam-Lawrence (Shortnose Sturgeon and Atlantic Sturgeon).
- Any PGP discharge within Massachusetts to the Taunton River (Atlantic Sturgeon).
- Any PGP discharges within Massachusetts to the Connecticut River below the Turners Falls Dam (Shortnose Sturgeon).
- Any PGP discharge within Massachusetts to the Connecticut River downstream of the Holyoke Dam (Shortnose Sturgeon and Atlantic Sturgeon).
- Any PGP discharge to Cape Cod Bay (Green, Hawksbill, Kemp's Ridley, Leatherback, and Loggerhead Sea Turtles; Atlantic Sturgeon, Shortnose Sturgeon) and the mouths of the Taunton River (Atlantic Sturgeon) and Merrimack River, including Plum Island Sound (Atlantic Sturgeon; Shortnose Sturgeon; and Green, Hawksbill, Kemp's Ridley, Leatherback, and Loggerhead Sea Turtles also in the sound).
- New Hampshire
- Any PGP discharge to coastal areas (Atlantic sturgeon and shortnose sturgeon; Green, Hawksbill, Kemp’s Ridley, Leatherback, and loggerhead Sea Turtles).
- Any PGP discharge to the Piscataqua River and Great Bay (Atlantic Sturgeon and Shortnose Sturgeon).
- Any PGP discharge to the Cocheco River below the Cocheco Falls Dam (Atlantic Sturgeon).
- Puerto Rico
- Any PGP discharge to coastal areas (ESA-listed coral species; Pillar, Rough Cactus, Lobed Star, Mountainous Star, Boulder Star, Elkhorn, and Staghorn Corals; Nassau Grouper; and Green, Hawksbill, Kemp's Ridley, Leatherback, and Loggerhead Sea Turtles).
- District of Columbia
- Any PGP discharge to the Potomac and Anacostia River (Shortnose Sturgeon and Atlantic Sturgeon).