Bulletins

How do I know when I need to access a bulletin?
Read through all pesticide labels carefully and thoroughly. If there is endangered species language on the label it will direct you to the online bulletins at http://www.epa.gov/espp/bulletins.htm, you may also call 1-800-447-3813. The label is the law so you must check if there are any bulletins for the area you are applying pesticides.
Are bulletins the law?
Yes. Because the bulletins are referenced in the label, they are the law and will be enforced as such. If you do not follow the label or Bulletin applicable to your pesticide application, whether that failure results in harm to a listed species or not, you would be subject to enforcement under the misuse provisions of FIFRA(section 12(a)(2)(G)).
Where can I access bulletins?
Bulletins can be accessed online through Environmental Protection Agency's website http://www.epa.gov/espp/bulletins.htm. Once you get to this site, click on North Dakota, next select the county you will be applying pesticides in, then select the month you will be applying your pesticide. The next screen will have information on any bulletins in effect for that county and month.  If you plan on spraying in a different county or a different month, you must go through this process for each county and month you intend on applying pesticides. You may also call 1-800-447-3813.
Where can pesticide users without internet access get bulletins?
By calling 1-800-447-3813, a toll free number set up by the Environmental Protection Agency (EPA).
What is North Dakota Department of Agriculture's role in bulletins?
The department's role is to supply the Environmental Protection Agency with state specific information to use in risk assessments, to provide a platform for stakeholders to offer input and recommendations, and to help plan and implement mitigation and management plans, including Endangered Species Protection Bulletin ("Bulletins"). For more information please see the North Dakota Endangered Species Protection Program for Pesticides (See below).
What is the purpose of bulletins?
Bulletins restrict pesticide use in specific areas where a specific pesticide could harm endangered species. Bulletins can be updated more quickly than traditional label language because they are online.

Endangered Species Information

How many threatened and endangered species does North Dakota have?
North Dakota has seven threatened or endangered species. There are over 1350 threatened or endangered species in the US.
What are the threatened and endangered species in North Dakota?
Where are threatened and endangered species located in North Dakota?
Endangered Species Map
Are Bald Eagles threatened or endangered?
The Bald Eagle was removed from the threatened and endangered species list in July of 2007. A reduction in the threats to the bald eagle has caused the population in the lower 48 States to increase from approximately 487 breeding pairs in 1963, to an estimated 9,789 breeding pairs today. The recovery of the bald eagle is due in part to the reduction in levels of persistent organochlorine pesticides (such as DDT) occurring in the environment and habitat protection and management actions. The protections provided to the bald eagle under the Bald and Golden Eagle Protection Act (BGEPA) and the Migratory Bird Treaty Act (MBTA) continue to remain in place.
Who "lists" species as threatened or endangered?
The United States Fish and Wildlife Service lists terrestrial and freshwater species, the National Marine Fisheries Service lists marine and anadromous (ex. salmon) species. The service determines whether to add a species to the federal list of threatened or endangered species through a strict listing program. Once listed the species is given the full range of protection granted under the Endangered Species Act of 1973, including prohibitions on killing, harming the species and their habitat.
What does "threatened" and "endangered" mean?
Endangered means that a species is in immediate danger of extinction and needs protection to survive. Threatened means a plant or animal species is likely to become endangered if it is not protected.
What should a landowner with western prairie fringed orchids on their property do?
Landowners in western Richland or eastern Ransom Counties that have Western prairie fringed orchids on their property are asked to implement the following practices to reduce orchid exposure to herbicides and other pesticides:

Ground Applications

  1. If plants can be covered with plastic (which should be opaque if the weather is sunny), no use buffer is necessary. Plastic that may contain pesticide residues may be disposed of in landfills.
  2. If the wind is blowing awayfrom any orchid sites, use the following buffers between sites of application and orchid plants:
    Wind Speed by Buffer Distance
    Wind speed (mph) Buffer
    3-7 20 yards
    7-10 10 yards
  3. If the wind is blowing toward the orchid sites from the field, a 40 yard buffer is adequate.

Aerial Applications:

  • If plants can be covered with plastic (which should be opaque if the weather is sunny), no buffer is necessary. Plastic that may contain clopyralid residues may be disposed of in landfills.
  • If there is a foliated shelterbelt or other vegetation higher than twice the aircraft spray height between the application site and the orchid site, the buffer size may be reduced by one‑half of the recommendations below.
  • If the wind is blowing away from the orchid sites, use a 100 yard buffer.
  • If the wind is blowing towards the orchid sites:
    1. Keep a 2 mile buffer from orchid sites, or
    2. Adjust droplet size to BCPC 'coarse' (volume median diameter >370 microns) and keep a 250 yard buffer from orchid sites, or
    3. Apply by ground application equipment and keep a 40 yard buffer from orchid sites.

Growers affected by these recommendations (i.e., within 1/2 mile of orchid sites) and who use any pesticides near orchids are requested to observe orchids periodically throughout the growing season and report anything that looks adverse, even if not apparently due to pesticides, to the Fish and Wildlife Service or the North Dakota Department of Agriculture.

All other conditions, precautions, and restrictions on the pesticide labeling including endangered species bulletins must still be followed.

For more information, contact:

  • Jerry Sauter
    ND Department of Agriculture
    600 E Boulevard Dept 602
    Bismarck ND 58505-0020
    Phone: (701) 328-2980
    FAX: (701) 328-4567
    Email: jdsauter@nd.gov