Action Plan to Protect Vulnerable Species from Pesticides
The Vulnerable Species Action Plan (VSAP) is intended to provide a framework for EPA to adopt early, meaningful protections to address potential impacts for federally threatened and endangered (listed) species that EPA identifies as particularly “vulnerable” to pesticides.
Similar to the final Herbicide Strategy and the draft Insecticide Strategy, the plan describes the framework that EPA will use for vulnerable species when considering Federal Insecticide, Fungicide and Rodenticide Act (FIFRA) actions for conventional pesticides (such as new chemical registrations and registration review). EPA plans to incorporate mitigations from the VSAP into applicable pesticide actions, even if effects determinations EPA has not yet determined effects under the Endangered Species Act (ESA) or consulted with the U.S. Fish and Wildlife Service (FWS). EPA will address species listed by the National Marine Fisheries Service (NMFS) through a separate process.
The VSAP was published in September 2024, following the Vulnerable Species Pilot draft white paper (dated June 2023) and incorporation of public comments. The VSAP defines a vulnerable species as a listed species that is particularly vulnerable to pesticides due to a combination of factors including a declining population trend, small number of individuals or small number of populations (e.g., groups of individuals or sub-populations), limited distribution (e.g., endemic, constrained and/or isolated populations), and occurrence in areas that may be exposed to pesticides.
To date, EPA has identified 27 species (Table 1) listed by the FWS in the lower 48 states as “vulnerable species” and within the scope of the VSAP. The species include various types of plants and animals. Over time, EPA expects to add species in the VSAP during formal consultations or coordination with FWS.
| Species | Taxon |
|---|---|
| Attwater's prairie chicken | Bird |
| Buena Vista Lake Ornate Shrew | Mammal |
| Ozark Cavefish | Fish |
| Wyoming toad | Amphibian |
| Avon Park harebells* | Plant |
| Florida ziziphus* | Plant |
| Garrett's mint* | Plant |
| Scrub blazingstar* | Plant |
| Scrub mint* | Plant |
| Short leaved rosemary* | Plant |
| Wireweed* | Plant |
| Highlands scrub hypericum* | Plant |
| Lewton's polygala* | Plant |
| Sandlace* | Plant |
| Snakeroot* | Plant |
| Carter's mustard* | Plant |
| Leedy's roseroot | Plant |
| Mead's milkweed | Plant |
| Palmate-bracted bird's beak | Plant |
| Spring creek bladderpod | Plant |
| Whorled Sunflower | Plant |
| White Bluffs Bladderpod | Plant |
| Poweshiek skipperling | Terrestrial Invertebrate |
| Rusty patched bumble bee | Terrestrial Invertebrate |
| Scaleshell mussel | Aquatic Invertebrate |
| Winged Mapleleaf | Aquatic Invertebrate |
| Madison cave isopod | Aquatic Invertebrate |
*Located on the Lake Wales Ridge in Florida
The VSAP applies a three-step framework, which builds off the herbicide and insecticide strategies and is intended to provide similar mitigations for the vulnerable species for pesticides with similar characteristics (e.g., exposure, toxicity, application method). The VSAP identifies the potential for impacts (Step 1), the type and level of mitigation (Step 2), and where mitigation applies (Step 3). Any needed mitigations will only apply in geographically specific areas (referred to as Pesticide Use Limitation Areas or PULAs). EPA is refining the species maps that it will use for PULAs and will not implement the VSAP in registration review until those maps are refined, which will likely be later in 2024.
The VSAP also explains that when EPA has developed a different strategy that applies to a pesticide, it will apply that strategy before applying the VSAP. The VSAP would thus supplement that strategy to the extent that the strategy does not cover pesticide uses and exposure routes to a vulnerable species. The VSAP includes mitigations for common exposure routes, including spray drift and runoff, but also addresses other routes of pesticide exposure to the vulnerable species. Examples include on-field exposure to a vulnerable species and pesticide volatilization (the movement of pesticide vapors through the air).
The Vulnerable Species Action Plan includes the following documents:
The Vulnerable Species Action Plan and accompanying support documents are available in docket EPA-HQ-OPP-2023-0327.
Background
In June 2023, EPA released the Vulnerable Species Pilot Project draft white paper for a 45-day public comment period. EPA received more than 10,000 comments from a diverse set of groups. Approximately 200 of these were unique comments, with the remainder being a mail-in campaign in support of the VSP. EPA evaluated the public comments and revised the vulnerable species framework based on the public comments.
On November 2023, EPA released an update on the VSP to help the public better understand the status of this initiative and summarize EPA’s thinking on revisions to the VSP framework at that time:
- Narrow the areas within the endangered species range map to only include locations that are important to conserving a species;
- Clarify the scope of the VSP for non-agricultural uses;
- Clarify potential exemptions to the proposed mitigation and whether additional exemptions are needed;
- Revise some of the proposed mitigation and include additional mitigation options specific to non-agricultural uses and specialty crops;
- Revisit how EPA selected the pilot vulnerable species; and
- Develop a consistent approach to reduce pesticide exposure to listed species from spray drift and run-off.
EPA published a group of StoryMaps to raise public awareness about protecting vulnerable species from pesticides in 2023. EPA expects to release updated StoryMaps in early 2025.
Additional details regarding the Vulnerable Species Action Plan, pilot project, and mitigation proposals are available in the public docket EPA-HQ-OPP-2023-0327 at regulations.gov. VSP Update November 2023 (pdf)
In addition, EPA held a public webinar hosted by USDA in July 2023 that described the vulnerable species pilot and answered questions from participants. The webinar recording is now available here. The webinar slides can be found here Vulnerable Species Pilot Project (pdf) .