The U.S. Fish and Wildlife Service (USFWS) recently proposed listing the monarch butterfly as a threatened species under the Endangered Species Act (ESA). As part of this proposal, USFWS is developing a 4(d) rule, which aims to provide targeted protections for the monarch while offering flexibility to balance conservation with the production needs of stakeholders, especially farmers. One key topic USFWS is seeking public input on is the use of pesticides and how a 4(d) rule could address potential “take” of monarchs associated with pesticide applications. The USFWS included the request in the proposed rule.
“We seek public comment on how to address pesticide use under a 4(d) rule for the monarch. We recognize that certain types of pesticide use can have direct or indirect negative effects on monarchs, including aerial broadcast application of insecticides, use of herbicides that remove milkweeds, and use of some biopesticides. However, not all uses and application methods will impact monarchs. For example, insecticide application using hand-held sprayers, soil injection, in furrow sprays, tree trunk drenching, or tree injection, are unlikely to result in pesticide exposure to monarchs. We seek comment on which pesticide uses and application methods result in exposure and adverse effects to monarchs, whether to except take from those uses in a 4(d) rule, and whether the exceptions for those uses should include measures to mitigate the effects of pesticides on monarchs.”
If you are a farmer, land manager, or pesticide applicator, your insights can help shape the final 4(d) rule. You can find the detailed language of this request from USFWS at the Regulations.gov website and scrolling to the Public Comment Requested on Exception for Pesticide Use section. Below, however, we break down and summarize the request for public comment and what to consider when submitting your input.
What USFWS Wants to Know About Pesticide Use
USFWS recognizes that different types of pesticide applications may have varying impacts on monarch butterflies. The agency is requesting comments on:
- Which pesticide uses and application methods result in exposure and adverse effects to monarchs and whether those uses should be excepted from take prohibitions under the 4(d) rule.
- Whether exceptions should include measures to mitigate pesticide effects on monarchs, such as restrictions on certain application methods or habitat restoration efforts to offset unavoidable impacts.
- How to tailor pesticide-related protections based on the presence of monarchs in certain areas and at different times of the year, and the best way to communicate this information to pesticide users.
- How to align any pesticide mitigation measures with the Environmental Protection Agency’s (EPA) work under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) to avoid confusion and minimize regulatory burdens for farmers and pesticide users.
How to Submit Comments on the Proposal
To ensure your feedback is considered, submit your comments by March 12, 2025. You can provide your input through Regulations.gov Docket No. FWS-R3-ES-2024-1037 (a screen shot of the page is above). Once you are there, click the blue Comment button to submit your comment.
For more information on the monarch butterfly, visit the USFWS’s website.