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### ~.s- UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 

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WASHINGTON D.C., 20460

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### ~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) ·

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Mah Shamim, Branch Chief

Environmental Risk Branch 5

Environmental Fate and Effects Division (7507P)

Anita Pease, Associate Director

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# ~~**~~Jr,((** z_ Environmental Fate and Effects Division (7507P)

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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 6 2 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 spe cies. 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 Califor nia and the Hawaiian Islands

, prohibit ing use on specific federal lands where a species occur s 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. Fi sh 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 07750 1; 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 w hich 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 mamm als, 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 direct ly and indirect ly 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 th e original list of species were made following several pathways of refinement. First, EFED evaluated the two sizes of the gas cartridges 1 

### relative 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 R egion 4 2 

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

of R egion 4 . Based on information provided by FWS Region 4, they ad dressed the remov al 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

.

Th e current addendum provides additional refinements and recommendations for mitig ating potential exposure in order to come to a No Effect determination for certain species on the direct

effects list. The focus of th is addendum is on refinements to listed terrestrial animals that may be directly impacted by gas cartridges and not on li sted 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 re

evaluated the list of federally threatened and endangered species with an updated search of listed species based on the FWS website 3



### . EFED re evaluated 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) . The se 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 4 4



### , 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 (re d 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 invertebrate s, they ha ve 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, t he LAA determinatio n 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 Name a 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, Spruce

Fir 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 species b

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 species b

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

2 0 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

2 1 Lower Keys Marsh Rabbit Sylvilagus palustris hefneri E FL Does not use or create burrows

2 2 Key Largo Cotton Mouse Peromyscus gossypinus E FL Does not use or create burrows

2 3 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, where as 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, Pac ific 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

sala mander, Houston toad, and the reticulated flatwoods salamander.

With the addition of these additional species or distinct population segment s 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 f or 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, t he 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 Shapefile b

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 1 41 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, P rairie, 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, Fr anklin, 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, Nuck rolls, 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, McKenz ie, 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, P ark, 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,

Leb anon, 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, Cal houn, 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 2 2 1 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, Do dge, 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, Log an, 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, Th urston, 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, Stu tsman, 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, Was hburn, 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, J ackson, 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, Pi ke, 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

4 2 Point Arena

Mountain Beaver Aplodontia rufa nigra 1 Mendocino (CA) Yes

4 3 Pygmy Rabbit Brachylagus

idahoensis 3 Benton, Douglas, Grant, Additional portions of the range within WA still need to be refined (WA) Yes

4 4 Red Wolf

Endangered Canus 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

4 5 Reticulated Ambystoma bishopi 12 Bay, Calhoun, Escambia, Gulf, Holmes, Jackson, Okaloosa, Santa Rosa, No

### 13 Flatwoods

Salamander Walton, Washington (FL) Baker, Miller (GA)

4 6 San Bernardino Merriams Kangaroo

Rat Dipodomys

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

4 7 San Francisco Garter

Snake Thamnophis sirtalis

tetrataenia 1 Santa Cruz (CA) Yes

4 8 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

4 9 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

5 1 Santa Cruz Island

Fox Urocyon littoralis

santacruzae 1 Santa Barbara (CA) Yes

5 2 Santa Cruz Long

- toed

Salamander Ambystoma macrodactylum

croceum 2 Monterey, Santa Cruz (CA) Yes

5 3 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

5 5 Sonora Tiger

Salamander Ambystoma tigrinum stebbinsi 2 Cochise, Santa Cruz (AZ) Yes

5 6 Southeastern Beach

Mouse Peromyscus polionotus

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

5 7 St. Andrew Beach

Mouse Microtus pennsylvanicus dukecampbelli 2 Bay, Gulf (FL) Yes

5 8 Stephens Kangaroo

Rat Dipodomys stephensi 4 Orange, Riverside, San Bernardino, San Diego (CA) Yes

5 9 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

6 2 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/us

species.html . The counties include populations t hat 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 list ing

.

The current list of 6 2 species on the direct effects list from Table 2 represents those species that

would be at risk from direct effects of gas cartridge s based on currently registered labels . There are a number of mitigation options that are available to eliminate exposure to potentially impacted listed species. Th e following section iteratively present s the results of the current mitigation options and the consequent impact o n th e direct effects list.



### Mitigation Options

1. Label Target Species

G as 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 burrow s are made, seven species would benefit from c larifying the l abel language t o 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 mea dows, 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 restric tion, 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 thes e species

of beach m ice 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. Wher e 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, i f the label s limited use to only the target pest species

then the house mouse c ould 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 occu r 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 occ ur 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 Gr aham 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 f

ox

a. Chann el 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 s quirrel, 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 agencies 5 

### , 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

label s via reference to Bulletins Live 6 

### , which is an online tool that provides geospatial

i nformation on areas where pesticide mitigation s 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 the se management

agenc ies in the future

, the specific federal agency responsible for the management of that federal

land w ould 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

curre nt gas cartridge use 7 

### at the present time. As previously mentioned, t he 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 res pective island foxes. However, t he Island Night li zard 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 inhabi ted by the se 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. I f 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 ht tp://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 I slands.

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 the se 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. Restricti on 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 G eographic I nformation

S ystem (GIS) spatial data ( i.e. , shapefiles) fr om 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 kan garoo 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 g opher frog

23. Morro Bay kangaroo rat

24. Northern Idaho ground squirrel

25. Ocelot

26. Pacific pocket mouse

27. Point Arena mountain beave r

### 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 range s of where these species are located. T he 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 o f the gas cartridges in these areas. Consequently, exposure would be eliminated and a No Effect determination would also appl y 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 bee n 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 exposur e 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 impl emented 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 wol f

8. Reticulated flatwoods salamander