I ~~'~0 

S7' .. ~.s- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY f -__ ca_· \ WASHINGTON D.C., 20460 

\ ct~ Office of Chemical Safety 

~J:tL PAO'I~~ and Pollution Prevention 

MEMORANDUM 

SUBJECT: 

TO: 

FROM: 

THROUGH: 

Summary 

DP Barcode: 403061 

PCCodes:016601,016001,129083,076103,076104,077501 

Date: 07116/2012 

Addendum to the environmental fate and ecological risk assessment 

for carbon dioxide and for carbon, sawdust, sodium nitrate, 

potassium nitrate and sulfur_ containing cartridges 

Eric Miederhoff, Chemical Review Manager 

Kevin Costello, Acting Branch Chief 

Risk Management and Implementation Branch 3 

Pesticide Re-evaluation Division (7508P) 

Carissa Cyran, Chemical Review Manager 

Neil Anderson, Branch Chief 

Risk Management and Implementation Branch 1 

Pesticide Re-evaluation Division (7508P) 

Jose Gayoso, Chemical Review Manager 

Cathryn Britton, Team Leader 

Risk Management and Implementation Branch 2 ~ 

Pesticide Re-evaluation Division (7508P) ~ 

Joseph DeCant, Ecologist ~~ ~ Environmental Risk Branch 5 

Environmental Fate and Effects Division (7 7P) · . 7 j;:~/1;2. 

Mah Shamim, Branch Chief 

Environmental Risk Branch 5 

Environmental Fate and Effects Division (7507P) 

Anita Pease, Associate Director ~ 0 ~~ ~~Jr,(( z_ 

Environmental Fate and Effects Division (7507P) ~~ 

This addendum revises the risk assessment for carbon dioxide and for carbon, sawdust, sodium 

nitrate, potassium nitrate and sulfur containing cartridges, hereafter referred to as gas cartridge, 

(PC Code 016601, 016001, 129083, 076104, 076103 and 077501; Case Nos. 0031, 4019 and 

~052; DP Barcode D375973) that was completed on March 30, 2010. The addendum also 

1 

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2087454 
2

provides a revised direct effects list that is presented in Table 2 and includes 62 species of 

terrestrial vertebrates that inhabit burrows and/or dens. However, a number of mitigation options 

are available in order to eliminate exposure to many of these species. The potential mitigation 

options include modifying the label to limit application of the gas cartridges to control only those 

species identified as target pests on the current labels, prohibiting use on the Channel Islands 

along the coast of California and the Hawaiian Islands, prohibiting use on specific federal lands 

where a species occurs but the gas cartridges will not be used, and prohibiting use in areas where 

a species is known to occur based upon available spatial information from the U.S. Fish and 

Wildlife Service (FWS). If these modifications and prohibitions are added to the labels and/or 

bulletins, 8 species would remain on the direct effects list for formal consultation with the FWS.

Background

On March 30, 2010, EFED completed its environmental fate and ecological risk assessment for 

carbon dioxide and for carbon, sawdust, sodium nitrate, potassium nitrate and sulfur containing 

cartridges (PC Code 016601, 016001, 129083, 076104, 076103 and 077501; Case Nos. 0031, 

4019 and 4052; DP Barcode D375973). In this assessment, the Environmental Protection 

Agency (EPA) concluded that potential direct effects existed for listed terrestrial mammals, 

terrestrial birds (including amphibians and reptiles for which birds serve as a surrogate) and 

terrestrial invertebrates, based on 100% mortality assumed at the application site from 

asphyxiation, resulting in a likely to adversely affect (LAA) determination. There are also LAA 

determinations for terrestrial mammals, birds, and plants for indirect effects from the use of the 

cartridges. The LAA determination for indirect effects to plants is based on a reduction in 

species available for seed dispersal and pollination. However, the EPA also concluded “No 

Effect” for aquatic species given the expected lack of exposure to non-target taxa. The number 

of species on the direct effects list identified in this 2010 risk assessment totaled 64 species.

Following the completion of this assessment, EFED updated the list of species that are expected 

to be both directly and indirectly impacted by the current registration of gas cartridges in a memo 

dated November 16, 2010 (D384643) in which 58 species remained on the direct effects list. 

Adjustments to the original list of species were made following several pathways of refinement. 

First, EFED evaluated the two sizes of the gas cartridges1relative to den/burrow openings of 

various species to determine if the size of the gas cartridge could be used to remove a species 

from the direct effects list. Second, EFED reviewed information from FWS Region 42related to 

a number of species on the direct effects list whose range was solely within the geographic range 

of Region 4. Based on information provided by FWS Region 4, they addressed the removal of

six species including the Anastasia Island beach mouse (Peromyscus polionotus phasma), 

Choctawhatchee beach mouse (Peromyscus polionotus allophrys), Key Largo cotton mouse

(Peromyscus gossypinus), southeastern beach mouse (Peromyscus polionotus niveiventris), lower 

keys marsh rabbit (Sylvilagus palustris hefneri), and the red hills salamander (Phaeognathus 

hubrichti), thereby bringing the total number of species on the direct effects list to 58. EFED 

also identified plants that could be removed from the indirect effects list based on seed dispersal 

 

1 Large gas cartridge = 1 and 9/16 inches (outside diameter of tube) x 12 inches long; small gas cartridge = 1 and 

9/16 inches (outside diameter of tube x 6 inches long).

2 FWS Region 4 memo to the Pesticide Re-evaluation Division (PRD), July 26, 2010. 
3

mechanisms by removing species that were wind or self pollinated.

The current addendum provides additional refinements and recommendations for mitigating

potential exposure in order to come to a No Effect determination for certain species on the direct 

effects list. The focus of this addendum is on refinements to listed terrestrial animals that may be 

directly impacted by gas cartridges and not on listed plant species which may be indirectly 

affected. EFED acknowledges that many species may be indirectly affected, including those 

species also on the direct effects list. The use of gas cartridges may indirectly affect plant 

species through effects on pollinators and animals involved in seed dispersal; however, a 

refinement of those listed species which may be indirectly affected is not included as part of this 

addendum. 

Building on the species list contained in the November 16, 2010, memo (D384643), EFED reevaluated the list of federally threatened and endangered species with an updated search of listed 

species based on the FWS website3. EFED reevaluated the life history of each species to identify 

terrestrial species that may inhabit burrows or dens at some point in their life-cycle and if the 

size of a burrow or den would accommodate either of the two sizes of the gas cartridges. Three 

species of beach mice were removed from the direct effects list in the November 16, 2010, memo

(D384643). These species include the Anastasia Island beach mouse, the Choctawhatchee beach 

mouse, and the southeastern beach mouse. However, they were returned to the direct effects list 

due to the potential for the habitat of the house mouse, which is a pest species, to overlap in 

some areas with those of the three beach mice though they inhabit separate burrows. According 

to the information from FWS Region 44, there is the potential that gas cartridges may be used to 

control the house mouse and mistakenly be used in beach mice burrows. 

Twenty-three species that were on the original direct effects list, including invertebrates, were 

removed from this revised list of species. This includes three species that were removed as a 

result of comments from FWS Region 4 (red hills salamander, lower keys marsh rabbit, and Key 

Largo cotton mouse). The list of these species and the justification for their removal from the 

direct effects list can be found in Table 1. In the case of burrowing invertebrates, they have a 

life history that does not result in exposure to the gas cartridges as their burrows are not large 

enough to allow for gas cartridge use. For example, the larvae of tiger beetles live in burrows, 

but the sizes of the burrows are too small for a gas cartridge. The American burying beetle also 

does not make burrows of sufficient size to allow for the use of gas cartridges, and the carcasses

that are buried for reproduction do not represent a “burrow” or “den” in which gas cartridges 

could potentially be used. Cave dwelling spiders that were on the original direct effects list from 

the risk assessment are not expected to be either exposed to or affected by gas cartridges because

the cave entrance(s) is too large and/or not feasible to seal as required by the gas cartridge labels. 

Furthermore, it is expected that a cave would be too large for the gas cartridge to effectively 

remove all of the oxygen regardless of the entrance size. Thus, there are currently no listed 

species within the invertebrate taxa that would have a life history resulting in exposure and direct 

effects. Consequently, the LAA determination as identified in the March 30, 2010, risk 

assessment no longer holds for terrestrial invertebrates and a No Effect determination is found 

for invertebrate taxa. 

 

3 http://www.fws.gov/endangered/species/us-species.html

4

Ibid FWS memo July 26, 2010.
4

Table 1. Species that were on the original direct effects list in the March 30, 2010, risk 

assessment but are removed per the current addendum. The table also presents the 

justification for their removal.

No. Species

Common Name Scientific Namea Status States Justification for Removal

1

Harvestman, Bee Creek 

Cave Texella reddelli E TX Cave dwelling species

2 Harvestman, Bone Cave Texella reyesi E TX Cave dwelling species

3 Spider, Kauai Cave Wolf Adelocosa anops E HI Cave dwelling species

4

Harvestman, Robber Baron 

Cave

Texella 

cokendolpheri E TX Cave dwelling species

5

Meshweaver, Braken Bat 

Cave Cicurina venii E TX Cave dwelling species

6 Pseudoscorpion, Tooth Cave Tartarocreagris 

texana

E TX Cave dwelling species

7

Spider, Government Canyon 

Cave

Neoleptoneta 

microps E TX Cave dwelling species

8 Spider, Madla's Cave Cicurina madla E TX Cave dwelling species

9 Spider, Robber Baron Cave Cicurina baronia E TX Cave dwelling species

10 Spider, Tooth Cave Leptoneta 

myopica E TX Cave dwelling species

11 Spider, Vesper Cave Cicurina vespera E TX Cave dwelling species

12 Spider, SpruceFir Moss

Microhexura 

montivaga E NC, TN Does not use or inhabit burrows/dens

13 Beetle, American Burying Nicrophorus 

americanus E

AR,GA, 

KS, KY, 

MA, MO, 

OH, OK, 

RI, SD, 

TX

Does not use or inhabit 

burrows of other animals; 

Does not create burrows large 

enough to accommodate gas 

cartridges; FWS region 4 

comments related to the lack 

of direct effects to this speciesb

14 Beetle, Ohlone Tiger Cicindela ohlone E CA

Does not use or inhabit 

burrows of other animals;

Does not create burrows large 

enough to accommodate gas 

cartridges

15 No Common Name Rhadine exilis E TX

Does not use or inhabit 

burrows of other animals;

Does not create burrows large 

enough to accommodate gas 

cartridges

16 No Common Name Rhadine infernalis E TX

Does not use or inhabit 

burrows of other animals;

Does not create burrows large 

enough to accommodate gas 

cartridges

17 Red Hills Salamander Phaeognathus 

hubrichti T AL

FWS region 4 comments 

related to the lack of direct 

effects to this speciesb

18 New Mexican Ridge-nosed 

Rattlesnake

Crotalus willardi 

obscurus T AZ, NM Available information does not indicate the use of burrows

19 Lake Erie Water Snake Nerodia sipedon T OH Delisted due to recovery
5

insularum

20 Western Burrowing Owl

Athene 

cunicularia 

hypugea

N/A

AZ, CA, 

CO, IA, 

ID, KS, 

LA, MN, 

MT, ND, 

NE, NV, 

OK, OR, 

SD, TX, 

WA, WY

Not listed

21 Lower Keys Marsh Rabbit Sylvilagus 

palustris hefneri E FL Does not use or create burrows

22 Key Largo Cotton Mouse Peromyscus 

gossypinus E FL Does not use or create burrows

23

Preble’s Meadow Jumping 

Mouse

Zapus hudsonius 

preblei E CO, WI

Size of the burrow does not 

accommodate the size of either 

type of gas cartridge

a E = Endangered, T = Threatened, N/A = Not applicable

b

FWS Region 4 memo to the Pesticide Re-evaluation Division (PRD), July 26, 2010. 

Species of various taxa have been added to the direct effects list that were not on the original list 

due to additional information on the life history of these species and their use of burrows or dens. 

In the case of the California tiger salamander, the species is separated in this addendum into its 

three distinct population segments, whereas in the original direct effects list it was listed simply 

at the species level. The 19 species that are added include the Mississippi gopher frog, Florida 

panther, Alabama beach mouse, Carolina northern flying squirrel, gray wolf, Key Largo 

woodrat, Pacific pocket mouse, Perdido Key beach mouse, Hawaiian dark rumped petrel, San 

Joaquin kit fox, Florida salt marsh vole, St. Andrew beach mouse, bog turtle, copperbelly 

watersnake, San Francisco garter snake, desert slender salamander, frosted flatwoods 

salamander, Houston toad, and the reticulated flatwoods salamander. 

With the addition of these additional species or distinct population segments following the 

review of the direct effects list, the final direct effects list includes 62 species, which are 

provided in Table 2. Each of the species in Table 2 represents a listed species that could be 

directly affected by the use of gas cartridges. It is important to note that the previous endangered 

species assessment found an LAA determination for burrowing mammals, birds, reptiles, 

amphibians, and invertebrates. Furthermore, the direct effects list in the March 2010 risk 

assessment includes species from each of these taxa. However, the list in Table 2 includes only 

listed mammals, birds, reptiles, and amphibians while invertebrates were removed from the 

direct effects list. 
6

Table 2. Listed non-target species that are subject to an LAA determination based on direct effects. 

No. Species Common 

Name

Scientific Name No. of

Counties

County (State)a GIS 

Shapefileb

1 Alabama Beach 

Mouse

Peromyscus 

polionotus 

ammobates

1 Baldwin (AL) Yes

2 Alameda Whipsnake Masticophis 

lateralis 

euryxanthus

4 Alameda, Contra Costa, San Joaquin, Santa Clara (CA) Yes

3 Amargosa Vole Microtus 

californicus 

scirpensis

1 Inyo (CA) Yes

4 Anastasia Island 

Beach Mouse

Peromyscus 

polionotus phasma

1 St. John’s (FL) Yes

5 Arroyo Southwestern 

Toad

Bufo californicus 

(=microscaphus)

8 Los Angeles, Monterey, Orange, Riverside, San Bernardino, San Diego, Santa 

Barbara, Ventura (CA)

Yes

6 Black-footed Ferret, 

Endangered

Mustela nigripes 141 Apache, Coconino, Navajo, Yavapai (AZ)

County-level range not defined (CO)

Logan (KS)

Big Horn, Blaine, Carbon, Carter, Chouteau, Custer, Fergus, Garfield, Golden 

Valley, Hill, Jefferson, Lewis and Clark, Liberty, McCone, Musselshell, 

Petroleum, Phillips, Powder River, Prairie, Rosebud, Stillwater, Sweet Grass, 

Toole, Treasure, Valley, Wheatland, Yellowstone (MT)

Adams, Antelope, Arthur, Banner, Blaine, Boone, Box Butte, Boyd, Brown, 

Buffalo, Chase, Cherry, Cheyenne, Clay, Colfax, Custer, Dawes, Deuel, Dundy, 

Filmore, Franklin, Frontier, Furnas, Garden, Garfield, Gosper, Grant, Greeley, 

Hall, Hamilton, Harlan, Hayes, Hitchcock, Holt, Hooker, Howard, Jefferson, 

Kearney, Keith, Keya Paha, Kimball, Knox, Lincoln, Logan, Loup, Madison, 

McPherson, Merrick, Morrill, Nance, Nuckrolls, Perkins, Phelps, Pierce, Platte, 

Polk, Red Willow, Rock, Saline, Scotts Bluff, Seward, Sheridan, Sherman, 

Sioux, Thayer, Thomas, Valley, Webster, Wheeler, York (NE)

Colfax (NM)

Adams, Billings, Bowman, Dunn, Golden Valley, Grant, Hettinger, McKenzie, 

No
7

Mercer, Morton, Oliver, Sioux, Slope, Stark (ND)

Corson, Custer, Dewey, Gregory, Jackson, Lyman, Mellette, Pennington, 

Shannon, Todd, Tripp, Ziebach (SD)

County-level range not defined (UT)

Big Horn, Carbon, Fremont, Hot Springs, Lincoln, Natrona, Park, Sublette, 

Sweetwater, Uinta, Washakie (WY)

Counties in addition to the above which contain only experimental populations:

Adams, Alamosa, Arapahoe, Archuleta, Baca, Broomfield, Conejos, Costilla, 

Delta, Douglas, Kiowa, Kit Carson, La Plata, Larimer, Las Animas, Moffat, 

Montezuma, Montrose, Morgan, Otero, Prowers, Pueblo, Rio Blanco, 

Saguache, San Miguel, Washington, Weld (CO)

County-level range not defined (SD)

Uintah (UT)

Albany (WY)

7 Blunt-nosed Leopard 

Lizard

Gambelia silus 5 Monterey, San Benito, San Luis Obispo, Santa Barbara, Ventura (CA) Yes

8 Bog Turtle Clemmys 

muhlenbergii

49 Fairfield, Litchfield (CT)

New Castle (DE)

Baltimore, Carroll, Cecil, Harford (MD)

Burlington, Gloucester, Hunterdon, Mercer, Monmouth, Morris, Ocean, Salem, 

Somerset, Sussex, Union, Warren (NJ)

Cayuga, Columbia, Dutchess, Genesee, Onondaga, Orange, Oswego, Putnam, 

Rensselaer, Rockland, Seneca, Sullivan, Ulster, Wayne, Westchester (NY)

Adams, Berks, Bucks, Carbon, Chester, Cumberland, Delaware, Lancaster, 

Lebanon, Lehigh, Monroe, Montgomery, Northampton, Schuylkill, York (PA)

No

9 Buena Vista Lake 

Ornate Shrew

Sorex ornatus 

relictus

2 Kern, San Luis Obispo, Additional portions of the range within CA still need to 

be refined (CA)

Yes

10 California Red- Rana draytonii 30 Alameda, Butte, Contra Costa, El Dorado, Fresno, Kern, Los Angeles, Marin, Yes
8

legged Frog Mariposa, Mendocino, Merced, Monterey, Napa, San Benito, San Bernardino, 

San Diego, San Joaquin, San Luis Obispo, San Mateo, Santa Barbara, Santa 

Clara, Santa Cruz, Siskiyou, Solano, Sonoma, Stanislaus, Tehama, Trinity, 

Tuolumne, Ventura (CA)

11 California Tiger 

Salamander (Santa 

Barbara DPS)

Ambystoma 

californiense

1 Santa Barbara (CA) Yes

12 California Tiger 

Salamander (Central 

Valley DPS)

Ambystoma 

californiense

5 Monterey, San Benito, San Luis Obispo, Santa Cruz, Sonoma (CA) Yes

13 California Tiger 

Salamander (Sonoma 

DPS)

Ambystoma 

californiense

31 Alameda, Amador, Butte, Calaveras, Colusa, Contra Costa, El Dorado, Fresno, 

Glenn, Kern, Kings, Madera, Marin, Mariposa, Merced, Napa, Placer, 

Sacramento, San Joaquin, San Luis Obispo, San Mateo, Santa Clara, Santa 

Cruz, Solano, Sonoma, Stanislaus, Sutter, Tulare, Tuolumne, Yolo, Yuba, 

Additional portions of the range within this state still need to be refined (CA)

Yes

14 Carolina Northern 

Flying Squirrel

Glaucomys 

sabrinus coloratus

20 Ashe, Avery, Buncombe, Caldwell, Graham, Haywood, Henderson, Jackson, 

McDowell, Mitchell, Swain, Transylvania, Watauga, Yancey (NC)

Carter, Monroe, Sevier, Unicoi (TN)

Grayson, Smyth (VA)

Yes

15 Choctawhatchee 

Beach Mouse

Peromyscus 

polionotus 

allophrys

3 Bay, Okaloosa, Walton (FL) Yes

16 Coachella Valley 

Fringe-toed Lizard

Uma inornata 2 Riverside, San Bernardino (CA) Yes

17 Copperbelly Water 

Snake

Nerodia 

erythrogaster 

neglecta

12 Kosciusko, St. Joseph, Steuben (IN)

Branch, Calhoun, Cass, Eaton, Hillsdale, St. Joseph (MI)

Defiance, Hardin, Williams (OH)

Yes

18 Desert Slender 

Salamander

Batrachoseps 

aridus

1 Riverside (CA) Yes

19 Desert Tortoise Gopherus agassizii 13 Mohave (AZ)

Imperial, Inyo, Kern, Los Angeles, Riverside, San Bernardino, San Diego (CA)

Clark, Esmeralda, Lincoln, Nye (NV)

Washington (UT)

Yes

20 Eastern Indigo Snake Drymarchon corais 

couperi

98 Appling, Atkinson, Bacon, Berrien, Bryan, Bulloch, Camden, Charlton, Clinch, 

Coffee, Echols, Emanuel, Evans, Irwin, Jeff Davis, Lanier, Liberty, Long, 

No
9

Lowndes, McIntosh, Randolph, Tattnall, Telfair, Wayne, Wheeler (GA)

Alachua, Bay, Brevard, Broward, Calhoun, Charlotte, Citrus, Clay, Collier, 

Columbia, DeSoto, Dixie, Duval, Escambia, Franklin, Gadsden, Gilchrist, 

Glades, Gulf, Hamilton, Hardee, Hendry, Hernando, Highlands, Hillsborough, 

Holmes, Indian River, Jackson, Jefferson, Lafayette, Lake, Lee, Leon, Levy, 

Liberty, Madison, Manatee, Marion, Martin, Miami-Dade, Monroe, Nassau, 

Okaloosa, Okeechobee, Orange, Osceola, Palm Beach, Pasco, Pinellas, Polk, 

Putnam, Santa Rosa, Sarasota, Seminole, St. Johns, St. Lucie, Sumter, 

Suwannee, Taylor, Union, Volusia, Wakulla, Walton, Washington (FL)

Baldwin, Coffee, Covington, Dale, Escambia, Geneva, Houston, Mobile, 

Washington (AL)

21 Florida Panther Puma (=Felis) 

concolor coryi

31 Ashley, Clark, Conway, Drew, Jefferson, Johnson, Madison, Montgomery, 

Polk, Stone, Washington, Yell (AR)

Broward, Charlotte, Collier, DeSoto, Glades, Hardee, Hendry, Highlands, 

Indian River, Lee, Martin, Miami-Dade, Monroe, Okeechobee, Osceola, Palm 

Beach, Polk, Sarasota, St. Lucie (FL)

Yes

22 Fresno Kangaroo Rat Dipodomys 

nitratoides exilis

1 Fresno (CA) Yes

23 Frosted Flatwoods 

Salamander

Ambystoma 

cingulatum

19 Baker, Franklin, Jefferson, Liberty, Wakulla (FL)

Bryan, Charlton, Chatham, Evans, Lanier, Liberty, Long, McIntosh , Screven 

(GA)

Beaufort, Berkeley, Charleston, Jasper, Orangeburg (SC)

No

24 Giant Garter Snake Thamnophis gigas 31 Alameda, Amador, Butte, Calaveras, Colusa, Contra Costa, El Dorado, Fresno, 

Glenn, Kern, Kings, Lake, Madera, Mariposa, Merced, Napa, Nevada, Placer, 

Sacramento, San Joaquin, San Luis Obispo, Santa Clara, Santa Cruz, Solano, 

Stanislaus, Sutter, Tehama, Tulare, Tuolumne, Yolo, Yuba, Additional portions 

of the range within this state still need to be refined (CA)

Yes

25 Giant Kangaroo Rat Dipodomys ingens 4 Monterey, San Benito, San Luis Obispo, Ventura (CA) Yes

26 Gopher Tortoise Gopherus 

polyphemus

25 Choctaw, Mobile, Washington (AL)

St. Tammany, Tangipahoa, Washington (LA)

Clarke, Covington, Forrest, George, Greene, Hancock, Harrison, Jackson, 

Jasper, Jefferson Davis, Jones, Lamar, Marion, Pearl River, Perry, Smith, Stone, 

Walthall, Wayne (MS)

Yes
10

27 Gray Wolf Canis lupus 221 County level range not defined (CO)

Alger, Baraga, Cheboygan, Chippewa, Delta, Dickinson, Emmet, Gogebic, 

Houghton, Iron, Keweenaw, Luce, Mackinac, Marquette, Menominee, 

Ontonagon, Presque Isle, Schoolcraft (MI)

Adams, Antelope, Arthur, Banner, Blaine, Boone, Box Butte, Boyd, Brown, 

Buffalo, Burt, Butler, Cass, Cedar, Chase, Cherry, Cheyenne, Clay, Colfax, 

Cuming, Custer, Dakota, Dawes, Dawson, Deuel, Dixon, Dodge, Douglas, 

Dundy, Fillmore, Franklin, Frontier, Furnas, Gage, Garden, Garfield, Gosper, 

Grant, Greeley, Hall, Hamilton, Harlan, Hayes, Hitchcock, Holt, Hooker, 

Howard, Jefferson, Johnson, Kearney, Keith, Keya Paha, Kimball, Knox, 

Lancaster, Lincoln, Logan, Loup, Madison, McPherson, Merrick, Morrill, 

Nance, Nemaha, Nuckolls, Otoe, Pawnee, Perkins, Phelps, Pierce, Platte, Polk, 

Red Willow, Richardson, Rock, Saline, Sarpy, Saunders, Scotts Bluff, Seward, 

Sheridan, Sherman, Sioux, Stanton, Thayer, Thomas, Thurston, Valley, 

Washington, Wayne, Webster, Wheeler, York (NE)

Elko (NV)

Catron, Grant, Hidalgo, Sierra (NM)

Adams, Barnes, Benson, Billings, Bottineau, Bowman, Burke, Burleigh, Cass, 

Cavalier, Dickey, Divide, Dunn, Eddy, Emmons, Foster, Golden Valley, Grand 

Forks, Grant, Griggs, Hettinger, Kidder, LaMoure, Logan, McHenry, McIntosh, 

McKenzie, McLean, Mercer, Morton, Mountrail, Nelson, Oliver, Pembina, 

Pierce, Ramsey, Ransom, Renville, Richland, Rolette, Sargent, Sheridan, Sioux, 

Slope, Stark, Steele, Stutsman, Towner, Traill, Walsh, Ward, Wells, Williams

(ND)

County-level range not defined (OR)

County-level range not defined (SD)

County-level range not defined (UT)

Chelan, Kittitas, Klickitat, Okanogan, Snohomish, Whatcom, Yakima (WA)

Adams, Ashland, Barron, Bayfield, Burnett, Chippewa, Clark, Douglas, Eau 

No
11

Claire, Florence, Forest, Iron, Jackson, Juneau, Langlade, Lincoln, Marathon, 

Marinette, Marquette, Menominee, Monroe, Oconto, Oneida, Polk, Portage, 

Price, Rusk, Sawyer, Shawano, Taylor, Vilas, Washburn, Waupaca, Wood (WI)

Counties in addition to the above which contain only experimental populations:

Big Horn, Fremont, Hot Springs, Lincoln, Park, Sublette, Teton (WY)

Apache, Gila, Greenlee, Navajo (AZ)

County-level range not defined (NM)

County-level range not defined (TX)

28 Houston Toad Bufo houstonensis 9 Austin, Bastrop, Burleson, Colorado, Lavaca, Lee, Leon, Milam, Robertson 

(TX)

Yes

29 Hualapai Mexican 

Vole

Microtus mexicanus 

hualpaiensis

1 Mohave (AZ) Yes

30 Island Night Lizard Xantusia riversiana 3 Los Angeles, Santa Barbara, Ventura (CA) Yes

31 Jaguar Panthera onca 4 Cochise, Pima, Santa Cruz (AZ)

Hidalgo (NM)

Yes

32 Key Largo Woodrat Neotoma floridana 

smalli

1 Monroe (FL) Yes

33 Louisiana Black Bear Ursus americanus

luteolus

133 Acadia, Allen, Ascension, Assumption, Avoyelles, Beauregard, Bienville, 

Bossier, Caddo, Calcasieu, Caldwell, Cameron, Catahoula, Claiborne, 

Concordia, DeSoto, East Baton Rouge, East Carroll, East Feliciana, Evangeline, 

Franklin, Grant, Iberia, Iberville, Jackson, Jefferson, Jefferson Davis, Lafayette, 

Lafourche, La Salle, Lincoln, Livingston, Madison, Morehouse, Natchitoches, 

Orleans, Ouachita, Plaquemines, Pointe Coupee, Rapides, Red River, Richland, 

Sabine, St. Bernard, St. Charles, St. Helena, St. James, St. John the Baptist, St. 

Landry, St. Martin, St. Mary, St. Tammany, Tangipahoa, Tensas, Terrebonne, 

Union, Vermilion, Vernon, Washington, Webster, West Baton Rouge, West 

Carroll, West Feliciana, Winn (LA)

Adams, Amite, Attala, Claiborne, Clarke, Copiah, Covington, Forrest, Franklin, 

George, Greene, Hancock, Harrison, Hinds, Holmes, Humphreys, Issaquena, 

Jackson, Jasper, Jefferson, Jefferson Davis, Jones, Lamar, Lauderdale, 

Lawrence, Leake, Lincoln, Madison, Marion, Neshoba, Newton, Pearl River, 

Perry, Pike, Rankin, Scott, Sharkey, Simpson, Smith, Stone, Walthall, Warren, 

Washington, Wayne, Wilkinson, Yazoo (MS)

Yes
12

Anderson, Angelina, Bowie, Cass, Cherokee, Delta, Fannin, Gregg, Harrison, 

Hopkins, Jasper, Lamar, Marion, Morris, Nacogdoches, Newton, Panola, Rusk, 

Sabine, San Augustine, Shelby, Smith, Upshur (TX)

34 Mississippi Gopher 

Frog

Rana capito sevosa 2 Harrison, Jackson (MS) No

35 Morro Bay Kangaroo 

Rat

Dipodomys 

heermanni 

morroensis

1 San Luis Obispo (CA) Yes

36 Mount Graham Red 

Squirrel

Tamiasciurus 

hudsonicus 

grahamensis

1 Graham (AZ) Yes

37 Northern Idaho 

Ground Squirrel

Spermophilus 

brunneus brunneus

3 Adams, Valley, Washington (ID) Yes

38 Ocelot Leopardus pardalis 32 Cochise, Gila, Graham, Pima, Pinal, Santa Cruz (AZ)

Aransas, Atascosa, Bee, Brooks, Cameron, Dimmit, Duval, Frio, Hidalgo, Jim 

Hogg, Jim Wells, Karnes, Kenedy, Kleberg, La Salle, Live Oak, Maverick, 

McMullen, Nueces, Refugio, San Patricio, Starr, Webb, Willacy, Zapata, Zavala 

(TX)

Yes

39 Pacific Pocket Mouse Perognathus 

longimembris 

pacificus

3 Los Angeles, Orange, San Diego (CA) Yes

40 Perdido Key Beach 

Mouse

Peromyscus 

polionotus 

trissyllepsis

2 Baldwin (AL)

Escambia (FL)

Yes

41 Petrel, Hawaiian 

dark-rumped

Pterodroma 

phaeopygia 

sandwichensis

3 Hawaii, Kauai, Maui No

42 Point Arena 

Mountain Beaver

Aplodontia rufa 

nigra

1 Mendocino (CA) Yes

43 Pygmy Rabbit Brachylagus 

idahoensis

3 Benton, Douglas, Grant, Additional portions of the range within WA still need 

to be refined (WA)

Yes

44 Red WolfEndangeredCanus rufus 4 County-level range not defined - FL, NC, SC

Counties in addition to the above which contain only experimental populations:

Beaufort, Dare, Hyde, Tyrrell (NC)

County-level range not defined (TN)

No

45 Reticulated Ambystoma bishopi 12 Bay, Calhoun, Escambia, Gulf, Holmes, Jackson, Okaloosa, Santa Rosa, No
13

Flatwoods 

Salamander

Walton, Washington (FL)

Baker, Miller (GA)

46 San Bernardino 

Merriams Kangaroo 

Rat

Dipodomys 

merriami

4 Los Angeles, Orange, Riverside, San Bernardino (CA) Yes

47 San Francisco Garter 

Snake

Thamnophis sirtalis 

tetrataenia

1 Santa Cruz (CA) Yes

48 San Joaquin Kit Fox Vulpes macrotis 

mutica

21 Alameda, Calaveras, Contra Costa, Fresno, Kern, Kings, Madera, Mariposa, 

Merced, Monterey, Sacramento, San Benito, San Joaquin, San Luis Obispo, 

Santa Barbara, Santa Clara, Santa Cruz, Solano, Stanislaus, Tulare, Tuolumne 

(CA)

Yes

49 San Miguel Island 

Fox

Urocyon littoralis 

littoralis

1 Santa Barbara (CA) Yes

50 Santa Catalina Island 

Fox

Urocyon littoralis 

catalinae

1 Los Angeles (CA) Yes

51 Santa Cruz Island 

Fox

Urocyon littoralis 

santacruzae

1 Santa Barbara (CA) Yes

52 Santa Cruz Long-toed 

Salamander

Ambystoma 

macrodactylum 

croceum

2 Monterey, Santa Cruz (CA) Yes

53 Santa Rosa Island 

Fox

Urocyon littoralis 

santarosae

1 Santa Barbara (CA) Yes

54 Shearwater, Newell's 

Townsend's

Puffinus auricularis 

newelli

4 Hawaii, Honolulu, Kauai (HI)

Manu’a (American Samoa)

No

55 Sonora Tiger 

Salamander

Ambystoma 

tigrinum stebbinsi

2 Cochise, Santa Cruz (AZ) Yes

56 Southeastern Beach 

Mouse

Peromyscus 

polionotus 

niveiventris

7 Brevard, Broward, Indian River, Martin, Palm Beach, St. Lucie, Volusia (FL) No

57 St. Andrew Beach 

Mouse

Microtus 

pennsylvanicus 

dukecampbelli

2 Bay, Gulf (FL) Yes

58 Stephens Kangaroo

Rat

Dipodomys 

stephensi

4 Orange, Riverside, San Bernardino, San Diego (CA) Yes

59 Tipton Kangaroo Rat Dipodomys 

nitratoides 

nitratoides

5 Fresno, Kern, Kings, San Luis Obispo, Tulare, Additional portions of the range 

within CA still need to be refined (CA)

Yes
14

60 Utah Prairie Dog Cynomys parvidens 7 Beaver, Garfield, Iron, Kane, Piute, Sevier, Wayne (UT) Yes

61 Vole, Florida Salt 

Marsh

Microtus 

pennsylvanicus 

dukecampbelli

1 Levy (FL) No

62 Wyoming Toad Bufo baxteri

(=hemiophrys)

1 Albany (WY) Yes

a List of counties obtained from the U.S. Fish and Wildlife Service endangered species website: http://www.fws.gov/endangered/species/usspecies.html. The counties include populations that are threatened, endangered, and experimental. When the counties only contain experimental 

populations, these counties are listed separately.

b

“Yes” denotes EFED has received from FWS a GIS shapefile containing spatial data on the area where a given species occurs.
15

Other classifications of species were also explored for potential inclusion on the direct effects 

list. Candidate species were not included in Table 2 because they do not receive protections 

under the Endangered Species Act. EFED also searched the list of the proposed species; 

however, there are no terrestrial burrowing species currently proposed for listing.

The current list of 62 species on the direct effects list from Table 2 represents those species that 

would be at risk from direct effects of gas cartridges based on currently registered labels. There 

are a number of mitigation options that are available to eliminate exposure to potentially 

impacted listed species. The following section iteratively presents the results of the current

mitigation options and the consequent impact on the direct effects list. 

Mitigation Options 

1. Label Target Species

Gas cartridges are currently registered for the use of controlling rodents and other burrowing pest 

species. At present, five labels address small mammal burrows and together specifically mention 

the following target species: moles, pocket gophers, woodchucks, rats and Norway rats, ground 

squirrels, skunks, yellow-bellied marmots, and prairie dogs. In addition, one label for a larger 

gas cartridge size can be used in dens and is labeled to control coyotes, red foxes, and striped 

skunks. Although the labels specifically mention the aforementioned mammals, they do not 

limit use to only these target species. Due to distinctive habitat conditions where burrows are 

made, seven species would benefit from clarifying the label language to limit the use of the gas 

cartridges to only those species currently listed on the labels. These label changes would ensure 

that no exposure occurs for these seven species, and consequently a No Effect determination

could be made for the following the listed species on the direct effects list, and further 

description of these species is provided below:

1. Bog turtle

2. St. Andrew beach mouse

3. Perdido Key beach mouse

4. Alabama beach mouse

5. Southeastern beach mouse

6. Anastasia Island beach mouse

7. Choctawhatchee beach mouse

The bog turtle, Clemmys (Glyptemys) muhlenbergii, is a species that inhabits slow, shallow, 

muck-bottomed rivulets of sphagnum bog, calcareous fens, marshy/sedge-tussock meadows, 

spring seeps, wet cow pastures, and shrub swamps. This species will burrow into soft substrates 

along waterways and use muskrat burrows, which are made in the sides of steep banks of ponds, 

lakes, or other waterways. With the above labeling restriction, the gas cartridges could not be 

used to control muskrats. Therefore, the bog turtle would not be exposed to the use of gas 

cartridges in muskrat burrows, and a No Effect determination would be made for the bog turtle.

There are six species of beach mice that could also be affected by the label restriction on target 

species. The beach mice include the St. Andrew beach mouse, Perdido Key beach mouse, 
16

Alabama beach mouse, Southeastern beach mouse, Anastasia Island beach mouse, and 

Choctawhatchee beach mouse. As previously mentioned, three of these beach mice were 

previously removed from the direct effects list. However, their addition back to the direct effects 

list is a function of the potential overlap of habitat with the house mouse. Each of these species 

of beach mice inhabits the frontal, secondary, and tertiary coastal dune zone. Their burrows are 

not shared with any target species. However, the house mouse may maintain burrows alongside 

the burrows of the beach mice in developed areas. Where habitat overlaps, there could be 

exposure to the beach mice. Considering that no labeled target species has habitat that overlaps 

with the beach mice in these dune systems, if the labels limited use to only the target pest species

then the house mouse could not be a target pest for gas cartridge use. Consequently, this 

clarification of the labels would remove the potential for exposure to each of the species of beach 

mice. 

2. Occurrence on Federal Lands

The listed species on the direct effects list occur in a variety of locations, some on private land 

and others on public federally managed land or both. There are six species, as shown below, that

are located solely on federal land. PRD has contacted the federal land managers for those 

species which occur solely on federal land to determine the extent of gas cartridge use and the 

extent to which the land managers intend to use the gas cartridges in the future. These listed 

species and their associated federal lands range include the following:

1. Mount Graham red squirrel

a. Coronado National Forest – Forest Service

2. Carolina northern flying squirrel

a. Cherokee National Forest – Forest Service

b. Jefferson National Forest – Forest Service

c. Nantahala National Forest – Forest Service

d. Pisgah National Forest – Forest Service

e. Middle Prong Wilderness – Forest Service

f. Great Smoky Mountains National Park – National Park Service

g. Blue Ridge Parkway – National Park Service

3. Desert slender salamander 

a. Santa Rosa Wilderness – Bureau of Land Management

4. Santa Rosa Island fox

a. Channel Island National Park – National Park Service

5. San Miguel Island fox

a. Channel Island National Park – National Park Service

6. Santa Cruz Island fox

a. Channel Island National Park – National Park Service

The Mount Graham red squirrel, Carolina northern flying squirrel, desert slender salamander, 

and the Santa Rosa, San Miguel, and Santa Cruz Island foxes are all located entirely on federally 

managed lands. Based on the input provided by these federal agencies5, gas cartridges are not 

 

5 NPS email to PRD regarding the Channel Islands, May 21, 2012. 

NPS email to PRD regarding the Carolina northern flying squirrel, May 16, 2012.

FS email to PRD regarding the Mt. Graham red squirrel, November 29, 2011. 
17

currently used in the geographic areas inhabited by the above species. If gas cartridges were 

prohibited specifically in the areas where these species occur within the respective federally 

managed lands, the EPA would come to a No Effect determination due to a lack of exposure. 

The areas of prohibited use would be reflected in a modification to the current gas cartridge 

labels via reference to Bulletins Live6, which is an online tool that provides geospatial 

information on areas where pesticide mitigations are in place in order to minimize risk to listed 

species. By reference, Bulletins are an enforceable extension of the pesticide label. Given the 

current lack of gas cartridge use on these lands, these restrictions are not likely to pose a burden

to the respective federal agency. If gas cartridges are proposed for use by these management 

agencies in the future, the specific federal agency responsible for the management of that federal 

land would also be responsible for initiating consultation with the FWS according to Section 7 of 

the Endangered Species Act. Bulletins Live would then be amended as appropriate according to 

the results of the consultation.

7. Channel Islands and Hawaiian Islands

The Channel Islands are a series of eight islands off the coast of California. The following five 

species on the direct effects list are located solely on the Channel Islands:

1. Island Night lizard

2. Santa Rosa Island fox

3. San Miguel Island fox

4. Santa Catalina Island fox

5. Santa Cruz Island fox 

The island foxes inhabit the islands for which they are named. The Island Night lizard inhabits 

three islands including San Nicholas, San Clemente, and Santa Barbara Island. Therefore, these 

species combined inhabit 7 out of the 8 Channel Islands. As previously stated, some of the 

Channel Islands are under the authority of the National Park Service (NPS). The Santa Rosa, 

San Miguel, and Santa Cruz Island foxes are located solely on NPS land and are not areas of 

current gas cartridge use7at the present time. As previously mentioned, the Santa Rosa, San 

Miguel, and Santa Cruz islands could be added to Bulletins Live to specifically prohibit gas 

cartridge use on these islands and eliminate potential exposure to the respective island foxes. 

However, the Island Night lizard occurs on both private and federally managed land, and the 

Santa Catalina Island fox only inhabits privately owned land within the Channel Islands. The 

privately owned Channel Islands that are inhabited by these two listed species may also be added 

to Bulletins Live in order to prohibit use in these geographic areas. If gas cartridge use is 

prohibited from the Channel Islands via Bulletins Live, there would be no exposure to the 

Channel Islands listed species and the EPA would come to a No Effect determination for these 

species. 

The Hawaiian Islands are also a potential focus for mitigation. If gas cartridge use were 

prohibited on the Hawaiian Islands, the two burrowing bird species would also have no potential 

 

FS email to PRD regarding the Carolina northern flying squirrel, May 24, 2012.

BLM email to PRD regarding the desert slender salamander: June 19, 2012.

6 http://www.epa.gov/oppfead1/endanger/bulletins.htm

7

Ibid NPS email May 21, 2012. 
18

exposure to gas cartridges. These birds include the Hawaiian Dark-Rumped petrel and the 

Newell’s Townsend’s shearwater, both of which occur in several areas of the Hawaiian Islands. 

The Hawaiian Islands would then be added to Bulletins Live and the EPA would come to a No 

Effect determination for these species as well. In addition to a No Effect determination for these 

two bird species, a No Effect determination would also apply to the majority of listed plants on 

the indirect effects list. Most of these listed plants that could be indirectly affected by the gas 

cartridges inhabit the Hawaiian Islands. Consequently, a total of 260 plant species would be 

removed from the indirect effects list.

8. Restriction of Use Sites

Most species are located on a combination of public and private lands. In order to characterize 

the spatial distribution of the species occurrences, EFED has collected Geographic Information 

System (GIS) spatial data (i.e., shapefiles) from the listed species’ experts within the FWS field 

offices for as many species as possible, depending on the availability of the data. Datasets are 

available for some of the species previously discussed, and these species include:

1. Alabama beach mouse

2. Anastasia Island beach mouse

3. Carolina northern flying squirrel

4. Choctawhatchee beach mouse

5. Desert slender salamander

6. Island Night lizard

7. Mount Graham red squirrel

8. Perdido Key beach mouse

9. San Miguel Island fox

10. Santa Catalina Island fox

11. Santa Cruz Island fox

12. Santa Rosa Island fox

13. St. Andrew beach mouse

Full spatial datasets are also available for the following species:

1. Alameda whipsnake

2. Amargosa vole

3. Arroyo southwestern toad

4. Blunt-nosed leopard lizard

5. Buena Vista Lake ornate shrew

6. California red-legged frog

7. California tiger salamander (Central 

Valley DPS)

8. California tiger salamander (Santa 

Barbara DPS)

9. California tiger salamander (Sonoma 

DPS)

10. Coachella Valley fringe-toed lizard

11. Copperbelly water snake

12. Desert tortoise

13. Florida panther

14. Fresno kangaroo rat

15. Giant garter snake

16. Giant kangaroo rat

17. Gopher tortoise

18. Houston Toad

19. Hualapai Mexican vole

20. Jaguar

21. Key Largo woodrat

22. Mississippi gopher frog

23. Morro Bay kangaroo rat

24. Northern Idaho ground squirrel

25. Ocelot

26. Pacific pocket mouse

27. Point Arena mountain beaver
19

28. Pygmy rabbit

29. San Bernardino Merriam’s kangaroo 

rat

30. San Francisco garter snake

31. San Joaquin kit fox

32. Santa Cruz long-toed salamander

33. Sonora tiger salamander

34. Stephens’ kangaroo rat

35. Tipton kangaroo rat

36. Utah prairie dog

37. Wyoming toad

The datasets for these additional species show the ranges of where these species are located. The 

ranges of these species identified by the spatial data may be added to Bulletins Live, pending 

agreement by the registrants of the gas cartridge labels, to prohibit use of the gas cartridges in 

these areas. Consequently, exposure would be eliminated and a No Effect determination would 

also apply to these species. 

Results of the Refinement of the Direct Effects List

Each of the proposed mitigation options eliminate the potential for exposure of their respective 

listed species to gas cartridges, allowing EPA to come to a No Effect determination. However, 

there are listed species for which spatial data have not yet been provided by FWS. Given the 

lack of spatial data for these species, it is not possible to implement mitigation to eliminate 

potential exposure from gas cartridges. For these species, the potential for exposure to gas 

cartridges would remain. If exposure to gas cartridges for any of the species listed in Table 1 is 

not mitigated, then they will remain on the direct effects list, and the EPA will bring them to 

formal consultation with the FWS.

After all of the aforementioned mitigation solutions are implemented on product labels, 8 species 

would remain on the direct effects list. These species include:

1. Black-footed ferret

2. Eastern indigo snake

3. Florida salt marsh vole

4. Frosted flatwoods salamander

5. Gray wolf

6. Louisiana black bear

7. Red wolf

8. Reticulated flatwoods salamander