October 12, 1972 MP-1, Part I

Chapter 10

**CONTENTS**

**CHAPTER 10. ENVIRONMENTAL SAFEGUARDS ON ACTIVITIES**

**FOR ANIMAL DAMAGE CONTROL ON FEDERAL LANDS**

PARAGRAPH PAGE

1.  PURPOSE 10-1

```{=html}
<!-- -->
```
2.  GENERAL 10-1

```{=html}
<!-- -->
```
3.  RESTRICTIONS ON USE OF CHEMICAL TOXICANTS 10-1

APPENDIX

A.  Executive Order 11643, Environmental Safeguards On Activities

for Animal Damage Control on Federal Lands 10A-1

10-i

October 12, 1972 MP-1, Part I

Chapter 10

CHAPTER 10, ENVIRONMENTAL SAFEGUARDS ON ACTIVITIES

FOR ANIMAL CONTROL ON FEDERAL LANDS

1.  PURPOSE

To implement Executive Order 11643 by issuing instructions to carry out
its provisions and policy.

2\. GENERAL

Executive Order 11643 (see app. A) restricts the use on Federal lands of
chemical toxins for the killing of predatory mammals or birds, chemical
toxicants which cause any secondary poisoning effects for the purpose of
killing other mammals, birds or reptiles and both types of toxicants in
any Federal programs of mammal or bird damage control programs. All such
Federal programs shall be conducted in a manner which contributes to the
maintenance of environmental quality, and to the conservation and
protection, to the greatest degree possible, of the Nation's wildlife
resources, including predatory animals.

3.  RESTRICTIONS ON USE OF CHEMICAL TOXICANTS

a\. The policy explicitly set forth in section 1 of the Executive order
will be followed by all stations. For purposes of this chapter
"metropolitan areas," referred to in section 2(a)(2) of the Executive
order, refers to any populated area which includes residences,
industries, landfills, transportation facilities, communication
facilities, and other facilities that serve the populated area or
buildings.

b\. Those stations desiring to invoke the provisions of section 3(b) of
the Executive order should communicate with Central Office via
appropriate channels. The Director of Engineering Service, DM&S (138),
is hereby delegated authority to permit the emergency use of chemical
toxicants on VA property after consultation with appropriate officials
of the agencies set forth in section 3(b) of the Executive order. Each
such instance will be recorded in writing with full description of the
circumstances and the reasons for permitting the use of the chemical
toxicants. Normally, the use of chemical toxicants will be authorized
only when essential:

\(1\) to the protection of the health or safety or human life;

\(2\) to the preservation of one or more wildlife species threatened
with extinction, or likely within the forseeable future to become so
threatened; or

3.  to the prevention of substantial irretrievable damage to nationally
    significant natural resources.

10-1

October 12, 1972 MP-1, Part I

Chapter 10

Appendix A

EXECUTIVE ORDER 11643

Environmental Safeguards on Activities for Animal Damage

Control on Federal Lands

> By virtue of the authority vested in me as President of the United
> States and in furtherance of the purposes and policies of the National
> Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) and the
> Endangered Species Conservation Act of 1969 (16 U.S.C. 668aa), it is
> ordered as follows:
>
> SECTION 1. Policy. It is the policy of the Federal Government to (1)
> restrict the use on Federal lands of chemical toxicants for the
> purpose of killing predatory mammals or birds; (2) restrict the use on
> such lands of chemical toxicants which cause any secondary poisoning
> effects for the purpose of killing other mammals, birds, or reptiles;
> and (3) restrict the use of both such types of toxicants in any
> Federal programs of mammal or bird damage control that may be
> authorized by law. All such mammal or bird damage control programs
> shall be conducted in a manner which contributes to the maintenance of
> environmental quality, and to the conservation and protection, to the
> greatest degree possible, of the Nation's wildlife resources,
> including predatory animals.
>
> Sec. 2, Definitions. As used in this order the term:
>
> \(a\) "Federal lands" means all real property owned by or leased to
> the Federal Government, excluding (1) lands administered by the
> Secretary of the Interior pursuant to his trust responsibilities for
> Indian affairs, and (2) real property located in metropolitan areas.
>
> \(b\) "Agencies" means the departments, agencies, and establishments
> of the executive branch of the Federal Government.
>
> (c ) "Chemical toxicant" means any chemical substance which, when
> ingested, inhaled, or absorbed, or when applied to or injected into
> the body, in relatively small amounts, by its chemical action may
> cause significant bodily malfunction, injury, illness, or death, to
> animals or man.
>
> \(d\) "Predatory mammal or bird" means any mammal or bird which
> habitually preys upon other animals or birds.
>
> \(e\) "Secondary poisoning effect" means the result attributable to a
> chemical toxicant which, after being ingested, inhaled, or absorbed,
> or when applied to or injected into, a mammal, bird or reptile, is
> retained in its tissue, or otherwise retained in such a manner and
> quantity that the issue itself or retained part if thereafter ingested
> by man,

10A-1

October 12, 1972 MP-1, Part I

Chapter 10

Appendix A

> mammal, bird, or reptile, produces the effects set forth, in paragraph
> (c) of this section.
>
> \(f\) "Field use" means use on lands not in, or immediately adjacent
> to, occupied buildings.
>
> Sect. 3 Restrictions on Use of Chemical Toxicants
>
> \(a\) Heads of agencies shall take such action as necessary to prevent
> on any Federal lands under their jurisdiction, as in any Federal
> program of mammal or bird damage control under their jurisdiction.
>
> \(1\) the field use of any chemical toxicant for the purpose of
> killing a predatory mammal or bird; or
>
> \(2\) the field use of any chemical toxicant which causes any
> secondary poisoning effect for the purpose of killing mammals, birds,
> or reptiles.
>
> \(b\) Notwithstanding the provisions of subsection (a) of this
> section, the head of any agency may authorize the emergency use on
> Federal lands under his jurisdiction of a chemical toxicant for the
> purpose of killing predatory mammals or birds, or of a chemical
> toxicant which causes a secondary poisoning effect for the purpose of
> killing other mammals, birds, or reptiles, but only if in each
> specific case he makes a written finding, following consultation with
> the Secretaries of the Interior, Agriculture, and Health, Education,
> and Welfare, and the Administrator of the Environmental Protection
> Agency, that any emergency exists that cannot be dealt with by means
> which do not involve use of chemical toxicants, and that such use is
> essential:
>
> \(1\) to the protection of the health or safety of human life;
>
> \(2\) to the preservation of one or more wildlife species threatened
> with extinction or likely within the foreseeable future to become so
> threatened; or
>
> \(3\) to the prevention of substantial irretrievable damage to
> nationally significant natural resources.
>
> Sec. 4. Rules for Implementation of Order. Heads of agencies shall
> issue such rules of regulations as may be necessary and appropriate to
> carry out the provisions and policy of this order.
>
> Richard Nixon
>
> THE WHITE HOUSE
>
> February 8, 1972