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Herbicide Use Now Requires ESA Steps

Herbicide Use Now Requires ESA Steps


By Scout Nelson

Nebraska growers and pesticide applicators are now required to follow new compliance rules under the Endangered Species Act (ESA). These updated requirements affect how certain herbicides may be used, including Enlist One, Enlist Duo, and Liberty ULTRA. The new rules are legally enforceable, and they are designed to prevent off-target movement that could harm federally listed species or sensitive habitats.

The ESA was created in the early 1970s to protect endangered and threatened species and the habitats they depend on. Today, the U.S. Environmental Protection Agency (EPA) includes ESA-specific directions on pesticide labels to ensure these products do not negatively affect listed species. This means all applicators must follow additional steps before using certain herbicides.

Whenever a label includes ESA mitigation instructions, users must consult Bulletins Live! Two (BLT) to determine whether their field falls within a Pesticide Use Limitation Area. A valid bulletin must be checked within six months of application, and the bulletin for the planned month of application must be followed. These steps ensure compliance and help reduce risks to non-target species.

Herbicides currently requiring ESA compliance in Nebraska include Enlist One, Enlist Duo, Liberty ULTRA, and associated brand names. These rules apply mainly to the 2,4-D choline component in Enlist products. The ecological mitigation section of each label outlines the required actions to limit spray drift, runoff, and erosion, especially in sensitive locations.

When tank-mixing products, applicators must follow the most restrictive requirements from any label. This may involve specific buffer distances, point-based runoff and erosion practices, or spray-drift reduction strategies. Buffer distances may be reduced, and in some cases eliminated, if enough mitigation credits are earned.

According to a specialist in precision pesticide application, “The PEST Academy empowers agricultural professionals to make data-driven, efficient, and environmentally responsible decisions that support sustainable crop production and long-term stewardship across Nebraska and beyond.”

Future articles in this series will explain runoff and erosion mitigation measures, as well as spray drift strategies, to help users stay compliant as regulations continue to evolve.

Photo Credit: gettyimages-fertnig

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Categories: Nebraska, General

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