### UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON D.C., 20460

MEMORANDUM

SUBJECT:

TO:

FROM:

THROUGH:



## Summary Office of Chemical Safety

and Pollution Prevention



### DP Barcode: 411406 PCCodes:016601,016001,129083,076103,076104,077501

Date: 06/28/2013

Revision 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
Patricia Parrot, 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
Kevin Costello, Branch Chief

Risk Management and Implementation Branch 2

Pesticide Re-evaluation Division (7508P) 

# j .(_ (2;1-"

Joseph DeCant, Ecologist

# ~ 

# f.

Environmental Risk Branch 5 

# (J

- I/ 

### Environmental Fate and Effects Division (7507P)

Mah Shamim, Branch Chief

Environmental Risk Branch 5

# ~ Environmental Fate and Effects Division (7507P)

Information in this revised risk assessment presents an update to the risk assessment for carbon

dioxide and for carbon, sawdust, sodium nitrate, potassium nitrate and sulfur containing cartridges, hereafter referred to as gas cartridges, (PC Code 016601, 016001, 129083, 076104,

076103 and 077501; Case Nos. 0031,4019 and 4052; DP Barcode D375973) that was completed

on March 30, 2010. This revised assessment also provides an updated direct effects list that is presented in Table 3 and includes 56 species ofterrestrial vertebrates that inhabit burrows and/or

dens to which a "Likely to Adversely Affect" (LAA) determination applies. The Environmental

1

### 2 Fate and Effects Division ( EFED ) revised t he previous direct effects list contained in the

addendum to the risk assessment dated July 16, 2012, by removing six additional listed species (including the Louisiana black bear, Flor ida panther, jaguar, ocelot , frosted flatwoods salamander, and reticulated flatwood s salamander ) from the direct effects list based on updated

informat ion regarding their life histories and the expected lack of exposure to gas cartridges. In addition, this revised assessment also presents an overview of previous consultations between

st ate and federal agencies and the FWS related to the use of gas cartridges. Finally, a number of mitigation options are available in order to eliminate exposure to many of the listed species remaining on the updated direct effects list provided in Table 3 . The July 16, 2012, addendum

included a number of potential mitigation options includ ing modif ications to the label to limit application of the gas cartridges to control only those species i dentified as target pests on the current labels, prohibiting use on the Channel Islands along the coast of California and the

Hawaiian Islands

, prohibit ing use on specific federal lands where a species occur s , and prohibiting use in areas where a species i s known to occur based upon available spatial

information from the U.S. Fish and Wildlife Service (FWS). This revised a ssessment reiterates these potential mitigation options and also adds an option to restrict the timing of use in certain

areas. If thes e modifications and prohibitions are added to the labels and/or bulletins

, five listed 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, EFED identified potential direct

effects 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 . These effects result in a LAA determination for those species directly affected . There are also LAA determinations for listed terrestrial mammals,

birds , reptiles, a mphibians

, invertebrates, and plants for indirect effects from the use of the cartridges. The LAA determination for indirect effects to listed plants is expected to be limited to those listed plants that rely on affected species for seed dispersal and pollination

. T he EPA

also made a No Effect determination 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.

Since the initial 2010 risk assessment, the direct effects list has undergone multiple refinements.

These refinements are reflected in Table 1 and further described in more detail in the following paragraphs. Following the completion of this assessment, EFED updated the list of species that are expected to be both direct ly and indi rect 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 directly and indirectly affected species were

made follo wing several pathways of refinement. First, the two sizes of the gas cartridges 1 

### were

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 )

.

### 3 evaluated 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, FWS R egion 4 2


### provided information on listed species within the geographic range of R egion 4 . Based on this information provided by FWS Region 4, 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 salamande r ( Phaeognathus hubrichti ) were removed thereby bringing the total number of species on the direct effects list to 58

. The Key Largo cotton mouse and the lower keys marsh rabbit were removed because they do not inhabit belowground burrows. The remaining species were removed due to the low likelihood of exposure as it would be unlikely for the gas cartridges to be used in their burrows due to burrow size (red hills salamander) or burrow location (beach mice). In addition, a number of listed plants with se eds that are wind, water, or self

- dispersed were also removed from the indirect effects list.

Table 1 . Timeline of the initial March 30, 2010, risk assessment and the following revisions

of the direct effects list. The final column reflects the major changes to the direct effects

list since the previous version.

Assessment Description (DP Barcode) Date Number of Species on

Direct Effects

List Major Conclusions /Revisions

Environmental Fate and Ecological Risk assessment (375973) March 30, 2010 64 LAA for listed terrestrial mammals, birds, and

invertebrates that inhabit burrows/dens belowground due to direct effects. LAA for listed

terrestrial mammals , reptiles, amphibians , birds, invertebrates, and plants due to indirect effects. No Effect for listed aquatic species.

Input for Mitigation Option (384643) November 16,

2010 58 Six species were removed from the original direct effects list including the red hills salamander, lower keys marsh rabbit, Key Largo cotton mouse, Anastasia Island beach mouse, Choctawhatchee beach mouse, and the southeastern beach mouse

.

Addendum to the

Environmental Fate and Ecological Risk

Assessment (403061) July 16, 2012 62 The Agency concluded No Effect for terrestrial

invertebrates and therefore removed them from the direct effects list (total of 16 species). Four additional species were removed in cluding Preble’s Meadow Jumping Mouse

, Western Burrowing Owl

, Lake Erie Water Snake , and the New Mexican Ridge

- nosed Rattlesnake . The Anastasia Island beach mouse, Choctawhatchee beach mouse,

southeastern beach mouse were added back to the direct effects list. In addition, 19 species were added to the direct effects list including 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.

2 FWS Region 4 memo to the Pesticide Re

- evaluation Division (PRD), July 26, 2010.

### 4 Andrew beach mouse, bog turtle, copperbelly watersnake, San Francisco garter snake, desert slender salamander, frosted flatwoods salamand er, Houston toad, and the reticulated flatwoods

salamander

. The California tiger salamander was split into its three distinct population segments on

the direct effects list. Plants that were on the indirect effects list but are known to not require verteb rate pollinators or seed dispersers were removed from

the list.

Revised

Environmental Fate and Ecological Risk

Assessment (411406 ) June 28 , 2013 56 Six additional species were removed from the direct effects list including the ocelot, Florida panther, Louisiana black bear, frosted flatwoods salamander, reticulated flatwoods salamander, and the jaguar.



### Using the species list contained in the Novembe r 16, 2010, memo (D384643)

, further

refinements were made based on an updated search of listed species on the FWS website 3



### . Specifically, listed terrestrial species that may inhabit burrows or dens at some point in their life

cycle were identified, and th e life history of each species as well as the size of the associated

burrow or den relative to the two sizes of gas cartridges were considered

. For example, if a listed species ’ burrow or den was too small to accommodate the gas cartridge, it was assumed that gas cartridges would not be used and the associated listed species was removed from the direct

effects list. During this second refinement , t hree species of beach mice

, includ ing the Anastasia Island beach mouse, the Choctawhatchee beach mouse, and the southeastern beach mouse , were

re

- evaluated with additional information

. T hese species were returned to the direct effects list in an addendum to the original risk assessment dated July 16, 2012 (D403061) because the habitat

of the three beach mice may co

- occur with the habitat of the house mouse . Although the house mouse is not specifically listed as a pest species on the gas cartridge labels , use of gas cartridges

to control the house mouse is not prohibited. According to the information from FWS Region

4 4 

### , gas cartridges may be used to control the house mouse and mistakenly be used in beach

mouse burrows. These additions to the direct effects list and the associated mitigation options

are summarized in the addendum to the risk assessment (D403061)

.

The July 16, 2012 (D403061) addendum also addressed terrestrial invertebrates. 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; however, the sizes of the burrows are too small for a ga s 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 potentiall y be used. Cave dwelling spiders that were on the original direct effects list from the March 30, 2010 (D375973), 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 f easible 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

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

- species.html

4 Ibid FWS memo July 26, 2010.

### 5 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 (D375973), risk assessment no longer holds for terrestrial invertebrates and a N o Effect determination was found

for terrestrial invertebrate taxa.

Th is current revised assessment provides additional refinements to the list of species that may be directly affected as well as an additional mitigation recommendation beyond those list ed in the July 16, 2012 (D403061) addendum . This revised a ssessment also reiterate s mitigati on options

to eliminate potential exposure in order to come to a No Effect determination for certain species

on the direct effects list. The focus of th is revised a ssessment is on refinements to listed terrestrial animals that may be directly impacted by gas cartridges

. It is acknowledge d that a number of listed species may be indirectly affected, including those species also on the direct

effects list. Th ese species include mammals, birds, reptiles, amphibians, invertebrates, as well as plants. The use of gas cartridges may indirectly affect listed plant species that rely on pollinators and animals involved in seed dispersal. EFED anticipates that mitiga tion options that reduce the number of species on the direct effects list would also reduce the number of species that would be indirectly affected by the use of gas cartridges.

Regarding No Effect determinations

, 26 species that were on the original direct effects list from the March 30, 2010 (D375973) risk assessment , including invertebrates, have been removed
from th e direct effects list throughout the various iterations of this risk assessment

. The list of these species and the justification for their removal from the direct effects list can be found in

Table 2

. This list includes three spec ies that were removed in the November 16, 2010 , memo (D384643)

, as a result of comments from FWS Region 4 (red hills salamander, lower keys marsh rabbit, and Key Largo cotton mouse)

. The Louisiana black bear, ocelot, and jaguar are no longer

on the direct effects list in th is revised a ssessment due to consideration of additional information

on life history traits and the types of dens that these species use that preclude exposure to the gas cartridges. Three other species including the Florida pant her , frosted flatwoods salamander, and
reticulated flatwoods salamander w ere included in the July 16, 2012 (D403061) , addendum , but

removed from the direct effects list in this revised a ssessment due to additional habitat considerations. The Florida pan ther does not make use of underground dens, and the listed
salamanders use burrows in wetland areas that would preclude the use of gas cartridges.

Table 2

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

assessment but removed per the current revised a ssessment

. The table presents the justification for the removal of each species

.

No. Species

Common Name Scientific

Name a Status a States Justification for

Removal Source(s)

1 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 NatureServe 2011; FWS Region 4

comments related to

the lack of direct effects to this species b

2 Beetle, Ohlone Tiger Cicindela

ohlone E CA Does not use or

inhabit burrows of other animals; Does Recovery Plan for

Insect and Plant Taxa

from the Santa Cruz

### 6 No. Species

Common Name Scientific

Name a Status a States Justification for

Removal Source(s)

not create burrows large enough to accommodate gas cartridges Mountains in California, September 28, 1998 c

3 Florida Panther Puma (=Felis) concolor coryi E FL Creates dens in dense understory vegetation; Does not

use or create belowground dens

with entrances that can be sealed; rather,

it creates aboveground dens Florida Panther Recovery Plan, 3 rd

Revision, November 1, 2008 d ; NatureServe

2011

4 Frosted

Flatwoods

Salamander Ambystoma cingulatum T FL, GA,

SC Salamander uses crayfish burrows in upland flatwood

sites that are unlikely to be use sites for gas cartridges FWS comments: email dated August 8,

2012

5 Harvestman, Bee

Creek Cave Texella reddelli E TX Cave dwelling species, karst caves

would not be a use site for gas cartridges Endangered Karst

Invertebrates Recovery Plan Travis

and Williamson Counties, TX, 1994 e

6 Harvestman,

Bone Cave Texella reyesi E TX Cave dwelling species, karst caves

would not be a use site for gas cartridges Endangered Karst

Invertebrates Recovery Plan Travis

and Williamson Counties, TX, 1994 f

7 Harvestman,

Robber Baron

Cave Texella cokendolpheri E TX Cave dwelling species, karst caves

would not be a use site for gas cartridges Bexar County Karst

Invertebrates Recovery Plan, August 2011 g

8 Jaguar Panthera onca E AZ, NM Dens are located in

dense brush or in

caves h ; Does not use

or create belowground dens

with entrances that

can be sealed NatureServe 2011

9 Key Largo

Cotton Mouse Peromyscus gossypinus E FL Does not use or create burrows FWS Region 4

comments related to

the lack of direct effects to this species b

10 Lake Erie Water

Snake Nerodia sipedon

insularum N/A OH Delisted due to

recovery

11 Louisiana Black

Bear Ursus

americanus

luteolus T LA, MS,

TX In the range of the LA black bear, dens are likely either aboveground or in FWS Region 4

comments related to

the lack of direct

effects to this

### 7 No. Species

Common Name Scientific

Name a Status a States Justification for

Removal Source(s)

tree s ; NLAA

determination from previous consultation with gas cartridges species b ; FWS biological opinion regard ing Wildlife Services coyote biological control program dated October 9, 2001

12 Lower Keys

Marsh Rabbit Sylvilagus palustris hefneri E FL Does not use or

create burrows FWS Region 4

comments related to

the lack of direct effects to this species b

13 Meshweaver,

Braken Bat Cave Cicurina venii E TX Cave dwelling species, karst caves

would not be a use site for gas cartridges Bexar County Karst

Invertebrates Recovery Plan, August 2011 i

14 New Mexican Ridge

- nosed

Rattlesnake Crotalus

willardi

obscurus T AZ, NM Available

information does not

indicate the use of

burrows New Mexico Ridgenosed Rattlesnake Recovery Plan, 1985 j ; NatureServe 2011

15 No Common

Name Rhadine exilis E TX Cave dwelling species, karst caves

would not be a use site for gas cartridges Bexar County Karst

Invertebrates Recovery Plan, August 2011 k

16 No Common

Name Rhadine infernalis E TX Cave dwelling species, karst caves

would not be a use site for gas cartridges Bexar County Karst

Invertebrates Recovery Plan, August 2011 l

17 Ocelot Leopardus (=Felis) pardalis E AZ, TX Creates dens in thick

brush or dense bunchgrass surrounded by brush;

Does not use or create belowground

dens with entrances that can be sealed; rather, it creates aboveground dens Ocelot Recovery Plan

Draft First Revision, August 22, 1990 m

18 Preble’s

Meadow Jumping Mouse Zapus

hudsonius

preblei E CO, WY Size of the

hibernation burrow

does not

accommodate the size of either type of gas cartridge; day

nests are aboveground FWS Wyoming Ecological Services;

Draft Environmental Assessment Proposal

of Critical Habitat for

Preble’s Meadow Jumping Mouse dated December 19, 2002 n

19 Pseudoscorpion,

Tooth Cave Tartarocreagris

texana E TX Cave dwelling species, karst caves

would not be a use Endangered Karst

Invertebrates Recovery Plan Travis

### 8 No. Species

Common Name Scientific

Name a Status a States Justification for

Removal Source(s)

site for gas cartridges and Williamson Counties, TX, 1994 o

20 Red Hills

Salamander Phaeognathus

hubrichti T AL Digs burrows that

are difficult to access and unlikely

to be use site for cartridges FWS region 4

comments related to

the lack of direct effects to this species b

21 Reticulated

Flatwoods

Salamander Ambystoma bishopi E FL, GA Salamander uses crayfish burrows in upland flatwood

sites that are unlikely to be use sites for gas cartridges FWS comments: email dated August 8,

2012

22 Spider,

Government Canyon Cave Neoleptoneta microps E TX Cave dwelling species, karst caves

would not be a use site for gas cartridges Bexar County Karst

Invertebrates Recovery Plan, August 2011 p

23 Spider, Kauai

Cave Wolf Adelocosa

anops E HI Cave dwelling species, karst caves

would not be a use site for gas cartridges Recovery Plan for the

Kauai Cave Arthropods, April 28,

2006 q

24 Spider, Madla's

Cave Cicurina madla E TX Cave dwelling species, karst caves

would not be a use site for gas cartridges Bexar County Karst

Invertebrates Recovery Plan, August 2011 r

25 Spider, Robber

Baron Cave Cicurina

baronia E TX Cave dwelling species, karst caves

would not be a use site for gas cartridges Bexar County Karst

Invertebrates Recovery Plan, August 2011 s

26 Spider, Spruce

Fir Moss Microhexura montivaga E NC, TN Does not use or

inhabit burrows/dens Recovery Plan for the Spruce

- fir Moss Spider September 11,

1998 t

27 Spider, Tooth

Cave Leptoneta myopica E TX Cave dwelling species, karst caves

would not be a use site for gas cartridges Endangered Karst

Invertebrates Recovery Plan Travis

and Williamson Counties, TX, 1994 u

28 Spider, Vesper

Cave Cicurina

vespera E TX Cave dwelling species, karst caves

would not be a use site for gas cartridges Bexar County Karst

Invertebrates Recovery Plan, August 2011 v

29 Western Burrowing Owl Athene

cunicularia

hypugea N/A AZ, CA, CO, IA, ID, KS, Not listed

### 9 No. Species

Common Name Scientific

Name a Status a States Justification for

Removal Source(s)

LA, MN,
MT, ND, NE, NV, OK, OR, SD, TX, WA, WY

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

b FWS Region 4 memo to the Pesticide Re

- evaluation Division (PRD), July 26, 2010

c http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=I0OW

d http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=A008

e http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=J008

f http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=J009

g http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=J016

h Similar to the rationale for the cave dwelling invertebrate species, the jaguar may make its den in caves but the entrances are considered too large to seal or the volume of the cave too large for the gas cartridge to be efficacious

i http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=J01D
j http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=C01S

k http://ecos.fws.go v/speciesProfile/profile/speciesProfile.action?spcode=I0RF

l http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=I0P1

m http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=A084

n http://www.fws.gov/wyominges/Pages/Species/Species_Listed/Prebles.html

o http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=J00A

p http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=J018

q http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=J000

r http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=J019

s http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=J01A

t http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=J014

u http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=J00B

v http://ecos.fws.gov/speciesProfile/profile/speciesProfile.action?spcode=J01B



### Listed s pecies of various taxa , 16 in total, have been added to the direct effects list throughout

the various iterations of this risk assessment due to additional information on their life histories

and their use of burrows or dens. These 16 species were not on the original list from the March 30, 2010, risk assessment (D375973)

. In the ca se of the California tiger salamander, the species is separated in this assessment into its three distinct population segments, whereas in the original

direct effects list it was listed simply at the species level. The 1 6 additional species , most of
which were added to the previous addendum

, are incorporated into the direct effects list in this

revised a assessment . The species include :

• Mississippi gopher frog

• 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 sa lamander

• Houston toad

### 10 With the inclusion of these additional species and distinct population segment s following the review of the direct effects list, the final direct effects list per this revised addendum includes 5 6 species, which are provided in Table 3

. Each of the species in Table 3 represents a listed species that could be directly affected by the use of gas cartridges and for which a LAA determination applies

.

Other classifications of species were also explored for potential inclusion on the direct effe cts list. Candidate species were not included in Table 3 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 56 listed species on the direct effects list shown in Table 3 are those species that are likely to be adversely affected from the direct effects of gas cartridges based on currently registered

labels

. Note that Table 3 includes a column that s pecifies whether the species would be affected by the large cartridge, the small cartridge, or both. It is assumed that the small gas cartridge

would not be used and/or effective in large dens to control large predators based on the label

directions. Consequently, the red wolf and gray wolf would be subject to direct effects only

from use of the large cartridge. A N o E ff ect determination was therefore concluded for small gas cartridges to the red wolf and the gray wolf. The smaller species on the direct effects list may be present in larger abandoned dens at the time of application and therefore may be affected by large gas cartridge use if they are used in the abandoned dens

. While smaller species are not likely to cohabit with large predators on which the large cartridge would be used when the dens are being actively used , there is the potential for mistaking an active den of the target species

with a non

- target species ( e.g. , coyote vs

. San Joaquin kit fox) or mistaking an in active den for

an active den

.

### 11 Table 3

. 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 Size of Gas Cartridge b GIS Shapefile c

1 Alabama Beach

Mouse Peromyscus polionotus

ammobates 1 Baldwin (AL) Small /Large Yes

2 Alameda Whipsnake Masticophis

lateralis euryxanthus 4 Alameda, Contra Costa, San Joaquin, Santa Clara (CA) Small /Large Yes

3 Amargosa Vole Microtus californicus scirpensis 1 Inyo (CA) Small /Large Yes

4 Anastasia Island

Beach Mouse Peromyscus polionotus phasma 1 St. John’s (FL) Small /Large Yes

5 Arroyo

Southwestern Toad Bufo californicus (=microscaphus) 8 Los Angeles, Monterey, Orange, Riverside, San Bernardino, San Diego, Santa Barbara, Ventura (CA) Small /Large 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, Prairie, Rosebud, Stillwater, Sweet Grass, Toole, Treasure, Valley, Wheatland, Yellowstone (MT)

Adams, Antelope, Arthur, Banner, Blaine, Boone, Box Butte, Boyd, B rown, 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, Key a 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) Small /Large Partial (Incomplete Dataset)

### 12 Colfax (NM)

Adams, Billings, Bowman, Dunn, Golden Valley, Grant, Hettinger, McKenzie, Mercer, Morton, Oliver, Sioux, Slope, Stark (ND)

Corson, Custer, Dewey, Gregory, Jackson, Lyman, Mellette, Pennington, Shannon, Todd, Tripp, Ziebach (SD)

Co unty

- 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, Archulet a, 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) Small /Large 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, Small /Large Yes

### 13 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)

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) Small /Large Yes

10 California Red

legged Frog Rana draytonii 30 Alameda, Butte, Contra Costa, El Dorado, Fresno, Kern, Los Angeles, Marin, 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) Small /Large Yes

11 California Tiger Salamander (Santa Barbara DPS) Ambystoma californiense 1 Santa Barbara (CA) Small /Large Yes

12 California Tiger Salamander ( Central Valley DPS) Ambystoma californiense 5 Monterey, San Benito, San Luis Obispo, Santa Cruz, Sonoma (CA) Small /Large 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) Small /Large 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) Small /Large Yes

15 Choctawhatchee

Beach Mouse Peromyscus polionotus allophrys 3 Bay, Okaloosa, Walton (FL) Small /Large Yes

16 Coachella Valley Uma inornata 2 Riverside, San Bernardino (CA) Small /Large Yes

### 14 Fringe

- toed Lizard

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) Small /Large Yes

18 Desert Slender

Salamander Batrachoseps

aridus 1 Riverside (CA) Small /Large 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) Small / Large 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, 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, Le on, 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, Volusi a, Wakulla, Walton, Washington (FL)

Baldwin, Coffee, Covington, Dale, Escambia, Geneva, Houston, Mobile, Washington (AL) Small /Large Partial (Incomplete Dataset)

2 1 Fresno Kangaroo

Rat Dipodomys

nitratoides exilis 1 Fresno (CA) Small /Large Yes

2 2 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) Small /Large Yes

2 3 Giant Kangaroo Rat Dipodomys ingens 4 Monterey, San Benito, San Luis Obispo, Ventura (CA) Small /Large Yes

### 15 2 4 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) Small /Large Yes

2 5 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, 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,

L incoln, 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, Gold en Valley, Grand Forks, Grant, Griggs, Hettinger, Kidder, LaMoure, Logan, McHenry, McIntosh, McKenzie, McLean, Mercer, Morton, Mountrail, Nelson, Large No

### 16 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)

Adam s, Ashland, Barron, Bayfield, Burnett, Chippewa, Clark, Douglas, Eau 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)

2 6 Houston Toad Bufo houstonensis 9 Austin, Bastrop, Burleson, Colorado, Lavaca, Lee, Leon, Milam, Robertson (TX) Small /Large Yes

2 7 Hualapai Mexican

Vole Microtus

mexicanus hualpaiensis 1 Mohave (AZ) Small /Large Yes

28 Island Night Lizard Xantusia

riversiana 3 Los Angeles, Santa Barbara, Ventura (CA) Small /Large Yes

29 Key Largo Woodrat Neotoma floridana

smalli 1 Monroe (FL) Small /Large Yes

3 0 Mississippi Gopher Rana capito sevosa 2 Harrison, Jackson (MS) Small /Large Yes

### 17 Frog

3 1 Morro Bay Kangaroo Rat Dipodomys

heermanni

morroensis 1 San Luis Obispo (CA) Small /Large Yes

3 2 Mount Graham Red Squirrel Tamiasciurus

hudsonicus grahamensis 1 Graham (AZ) Small /Large Yes

3 3 Northern Idaho

Ground Squirrel Spermophilus

brunneus brunneus 3 Adams, Valley, Washington (ID) Small /Large Yes

3 4 Pacific Pocket

Mouse Perognathus longimembris

pacificus 3 Los Angeles, Orange, San Diego (CA) Small /Large Yes

35 Perdido Key Beach

Mouse Peromyscus polionotus trissyllepsis 2 Baldwin (AL) Escambia (FL) Small /Large Yes

36 Petrel, Hawaiian

dark

- rumped Pterodroma phaeopygia

sandwichensis 3 Hawaii, Kauai, Maui Small /Large No

37 Point Arena

Mountain Beaver Aplodontia rufa nigra 1 Mendocino (CA) Small /Large Yes

38 Pygmy Rabbit Brachylagus

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

39 Red Wolf 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) Large No

4 0 San Bernardino Merriams Kangaroo

Rat Dipodomys

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

4 1 San Francisco

Garter Snake Thamnophis

sirtalis tetrataenia 1 Santa Cruz (CA) Small /Large Yes

4 2 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) Small / Large Yes

### 18 4 3 San Miguel Island

Fox Urocyon littoralis

littoralis 1 Santa Barbara (CA) Small /Large Yes

44 Santa Catalina

Island Fox Urocyon littoralis

catalinae 1 Los Angeles (CA) Small /Large Yes

45 Santa Cruz Island

Fox Urocyon littoralis

santacruzae 1 Santa Barbara (CA) Small /Large Yes

46 Santa Cruz Long

toed Salamander Ambystoma macrodactylum

croceum 2 Monterey, Santa Cruz (CA) Small /Large Yes

47 Santa Rosa Island

Fox Urocyon littoralis

santarosae 1 Santa Barbara (CA) Small /Large Yes

48 Shearwater,

Newell's

Townsend's Puffinus

auricularis newelli 4 Hawaii, Honolulu, Kauai (HI)

Manu’a (American Samoa) Small /Large No

49 Sonora Tiger

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

5 0 Southeastern Beach

Mouse Peromyscus polionotus

niveiventris 7 Brevard, Broward, Indian River, Martin, Palm Beach, St. Lucie, Volusia (FL) Small /Large Yes

5 1 St. Andrew Beach

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

5 2 Stephens Kangaroo

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

5 3 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) Small /Large Yes

54 Utah Prairie Dog Cynomys parvidens 7 Beaver, Garfield, Iron, Kane, Piute, Sevier, Wayne (UT) Small /Large Yes

55 Vole, Florida Salt

Marsh Microtus pennsylvanicus dukecampbelli 1 Levy (FL) Small /Large No

56 Wyoming Toad Bufo baxteri (=hemiophrys) 1 Albany (WY) Small /Large 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 that are threatened, endangered, and experimental. When the counties only contain experimental populations, these counties are listed separately.

b Specifies t he size of gas cartridge which would result in an LAA determination for the specific species.

c “Yes” denotes EFED has received from the FWS a GIS shapefile containing comprehensive spatial data on the area where a given species occurs that may be incorporated into Bulletins Live (referenced in the following sections).

### 19 

### Previous Consultations **Between Federal and State Agencies and the Fish** 

**and Wildlife Service**

1. USDA Animal and Plant Health Inspection Service

- Wildlife Services Use of the Small Gas Cartridge/Large Gas Cartridge in the Range of a Species

The current gas car tridge labels (both large and small) already mitigate to some extent for endangered species concerns as a result of previous consultation s with the FWS. The March 30, 2010, risk assessment (D375973) discussed a ddi tional supporting information that was pro vided

from a 1993 Biological Opinion (BO) indicating jeopardy to certain terrestrial mammals and reptiles with specific R easonable and P rudent A lternatives (RPAs) for each of these species. The BO also listed Reasonable and Prudent Measures (RPMs) for those species with a no jeopardy determination. As a result of these RPAs and RPMs, each of the gas cartridge product labels includes specific label language requiring a qualified applicator w hen the products are applied in the range of the following federally listed species:

• Fresno kangaroo rat

• Giant kangaroo rat

• Stephen’s kangaroo rat

• Tipton kangaroo rat

• Point Arena mountain beaver

• San Joaquin kit fox

• Desert Tortoise

For other species, gas cartridge use already has specific geographic use restrictions in the ranges of certain endangered species including:

• Hualapai Mexican vole

• Morro Bay kangaroo rat

• Utah prairie dog

• Coachella Valley fringe

- toed lizard

• Island night lizard

• Blunt

- nosed leopard lizard

• San Francisco garter snake

• Eastern Indigo snake

• Gopher tortoise

• Black

- footed ferret

USDA Animal and Plant Health Inspection Service (APHIS) Wildlife Services (WS) engaged in

an ESA section 7 consultation with the FWS in 1992 to prepare for its pr ogrammatic Environmental Impact Statement (EIS) in 1994. Various regional ESA section 7 consultations for the USDA/APHIS gas cartridges include those in California, Illinois, Nevada, and Ohio. These previous consultations produced mitigation measures, as listed in Table 4
, which were

### 20 e ither proposed by APHIS

- WS with FWS concurrence or derived from RPMs and RPAs developed by the FWS.

Table 4

. Mitigations from previous biological opinions or concurrence letters from the Fish and Wildlife Service related to specific local or statewide uses.

Biological Opinion or

Concurrence Letter Species Mitigation to Reduce Exposure/Rationale for No Exposure

1993 FWS Biological Opinion a Black

- footed ferret Prohibition of use within range of species Tipton kangaroo rat Use limited to qualified applicator Fresno kangaroo rat Use limited to qualified applicator Giant kangaroo rat Use limited to qualified applicator Hualapai Mexican v ole Prohibition of use within range of species Morro Bay kangaroo rat Prohibition of use within range of species

Point Arena Mountain Beaver Use limited to qualified applicator San Joaquin kit fox Use limited to qualified applicator Stephen’s kangaroo rat Use limited to qualified applicator

Blunt

- nosed leopard lizard Prohibition of use within range of species from October 1

– April 15 San Francisco garter snake Species will not coexist with coyote in active dens Eastern Indigo Snake Prohibition of use within range of species Gopher tortoise Prohibition of use within range of species Utah prairie doge Prohibition of use within range of species

Desert Tortoise Use limited to qualified applicator Coachella Valley fringe

- toed

lizard Prohibition of use within range of species Island night lizard Prohibition of use within range of species

2007 FWS Concurrence Letter

for Large Gas C artridge U se in

California b Point Arena Mountain Beaver Use limited to qualified applicator

San Bernardino Merriam’s kangaroo rat Use limited to qualified applicator San Joaquin kit fox Use limited to qualified applicator

### 21 Tipton kangaroo rat Use limited to qualified applicator Stephen’s kangaroo rat Use limited to qualified applicator

Buena Vista Lake shrew Use sites do not overlap with range of species Fresno kangaroo rat Use limited to qualified applicator Giant kangaroo rat Use limited to qualified applicator Morro Bay kangaroo rat Prohibition of use within range of species Pacific pocket mouse Little opportunity for exposure Arroyo southwestern toad Species will not coexist with coyote in active dens c

California red

- legged frog Species will not coexist with coyote in active dens California tiger salamander Species will not coexist with coyote in active dens c

Desert slender salamander Species will not coexist with coyote in active dens c Santa Cruz long

- toed salamander Species will not coexist with coyote in active dens c Alameda whipsnake Little opportunity for exposure

Blunt

- nosed leopard lizard Prohibition of use within range of species from October 1

– April 15 Coachella Valley fringe

- toed

lizard Prohibition of use within range of species Giant garter snake Species will not coexist with coyote in active dens c Island night lizard Prohibition of use within range of species San Francisco garter snake Species will not coexist with coyote in active dens c

, Use limited to qualified applicator between April 1 and October

31 Amargosa vole Little opportunity for exposure 2003 Biological Opinion for Large/ S mall G as C artridge in

Nevada d Desert t ortoise Use limited to qualified applicator

2012 Informal Consultation

Letter for Gas C artridge use in

Ohio e Copperbelly watersnake Prohibition of use within range of species

a U.S. Fish and Wildlife Service. 1993. Final Biological Opinion in Response to U. S. Environmental Protection Agency’s September 30, 1988, Request for Consultation on Potassium Nitrate and Sodium Nitrate Cartridges. U. S. Department of Interior, Fish and Wildlife Service (EHC/BFA?9

- 89

- 1).

b U.S. Fish and Wildlife Service. 2007. Concurrence letter regarding amended biological assessment for APHIS

WS activities to protect livestock, property, human health and safety, and natural resources in the State of

### 22 California. U.S. Department of Interio r, Fish and Wildlife Service.

c Observance standard will apply to these species denoting the visual confirmation of active use of dens by
coyote.

d U.S. Fish and Wildlife Service. 2003. Informal consultation/biological opinion for addressing effects on all federally listed or proposed threatened and endangered species in Nevada as a result of the Animal and Plant Health and Inspection Service

- Wildlife Service’s implementation of proposed wildlife damage management activities under the Nevada animal damage c ontrol plan. U.S. Department of Interior, Fish and Wildlife Service (1

- 5

- 03

- F

- 400).

e U.S. Fish and Wildlife Service. 2012. Endangered Species Act Section 7 informal consultation response to Ohio mammal Environmental Analysis. U.S. Department of Interior, Fish and Wildlife Service (03E15000

- 2012

- I

1052).



### When the gas cartridges are used specifically by APHIS

- WS personnel, previous consultations included notable requirements in the form of mitigations proposed by the USDA

- WS in addition to mitigations based on RPAs or RPMs from relevant biological assessments. For example, the mitigations in the consultation that resulted in no jeopardy for the desert tortoise in Nevada required the following:

1. The lar ge/small cartridges are used in burrows/dens only when they are in active use by the target animal.

2. Areas proposed for application of sodium and potassium nitrate (predator fumigants) in desert tortoise occupied habitat, including vehicle access routes, shall be inspected for desert tortoises by a qualified representative of APHIS

- WS who has been trained to distinguish target from non

- target species dens as per EPA label restrictions for desert tortoises. All burrows capable of providing shelter for torto ises shall be inspected with a

fiber

- optic scope if necessary, to determine occupancy of each burrow by desert tortoises. Fumigants shall not be applied to burrows if inspections indicate that the burrows are occupied by tortoises.

3. A qualified desert tor toise biologist will be responsible for informing all APHIS

- WS personnel administering [Wildlife Damage Management] programs in desert tortoise habitat about the desert tortoise. This will include information on the life history of the desert tortoise, le gal protection for desert tortoises, penalties for violations of Federal and State laws, general tortoise activity patterns, reporting requirements, measures to protect tortoises, and personal measures employees can take to promote the conservation of

dese rt tortoises. The definition of “take” will also be explained.

In accordance with Procedures for Endangered Species Act Compliance for the Mojave

Desert Tortoise (USFWS 1992a), a biologist should possess a bachelor’s or graduate degree in biology, ecolog y, wildlife biology, herpetology, or related fields. The biologist must have demonstrated prior field experience using accepted resource agency techniques to survey for desert tortoises. Field experience may mean a minimum of 60 days field experience searc hing for desert tortoises and tortoise sign. In addition, the biologist should have the ability to recognize and accurately identify all types of desert tortoise sign. USFWS does not endorse any individual or company with respect to their abilities

to co nduct satisfactory surveys.

### 23 4. Fumigants shall be used only by qualified individuals and per EPA label instruction. Such persons shall be limited to qualified wildlife biologists, or to agents of county agricultural commission offices, university extension offices, or representatives of State or Federal wildlife agencies.

5. APHIS

- WS shall submit a report to USFWS...following the year in which [Wildlife Damage Management] activities occurred within desert tortoise habitat. The report shall include: (1) number o f tortoises taken and circumstances, e.g., crushed by project vehicle or asphyxiated by fumigants, (2) listing of all tortoises encountered or observed in project areas including exact locations and dates, (3) number of NADCP activities abandoned

due to th e presence of desert tortoise, and (4) recommendations for enhancing the

effectiveness of terms and conditions.

The consultation in California led the FWS to concur with either a NLAA or No Effect determination for the listed species based on proposed mitigation s consistent with the 1993 FWS BO. For example, the biological assessment from APHIS

- WS dated July 8, 2004

, and amended February 7, 2007, for the Point Arena mountain beaver states, “The use of gas cartridges within the occupied habitats of the

P oint Arena mountain beaver is limited, by its label, to qualified individuals who have been trained to distinguish dens and burrows of target species from those of non

- target species. The cartridges will be used only in active coyote dens.” In other insta nces, the mitigation simply prohibits use in the range of the specific species ( e.g ., i sland n ight lizard). These requirements are also the same RPA, in the case of the Point Arena mountain beaver, and RPM, in the case of the island night lizard, as those

identified in the 1993 FWS BO.

Based on these biological assessments, resulting biological opinions, and concurrence by the FWS

with the conclusions of APHIS

- WS, several essential features of protective action for uses by

APHIS

- WS are apparent ( 

### Table 5 ) . In general, the protective actions listed in 

### Table 5 lead to a No Effect determination when use is prohibited in the range of a protected species or an NLAA call when use will occur in the range of a protected species. EPA intends to revisit t he results of these previous consultations with the FWS to ensure that these protective actions continue to protect federally listed species that are likely to be affected by gas cartridge use.



### Table 5 . Protective actions based on previous consultations between APHIS

- WS and FWS, and the resulting determinations for the species on the direct effects list due to large and small gas cartridge use.

Protective Action by APHIS

- WS Will Use in the Range of the Species

on the Direct Effects

List Occur? EFED Determination

for Threatened and Endangered Species on

the Direct Effects List Prohibition of use in the range of a species No No Effect

a. Positive identification (observance standard) of the “active use” of a burrow or den by the target species

b. Confirmation that the listed species of concern is not present in the target

burrow/den

c. Use of the gas cartridge by a “qualified” Yes NLAA

### 24 individual as stated above from previous

consultations who is either a wildlife biologist specializing in the specific species or is guided by the wildlife biologist



### 2. 1996 Consultation Between California Department of Pesticide Regulation (CDPR)

and Fish and Wildlife Service

In 1996, the state of California requested approval from the FWS for Pesticide Bulletins related to the use of gas cartridges. The request was specifically for the Service’s concurrence that these bulletins adequately protect affected threatened and endan gered species and can be substituted for the RPM’s and RPA’s that were described in the FWS 1993 biological opinion (see Table 4

for information on th e 1993 biological opinion). A total of 14 species were addressed in the CDPR bulletins that are also on the direct effects list. These bulletins addressed the species in

Table 6 and provided the corresponding use limitatio ns.

Table 6

. Limitations on gas cartridge use according to the CDPR 1996 pesticide bulletins for various federally listed species in California.

Species Limitations Code*

California red

- legged frog 5, 30 Alameda whipsnake

Blunt

- nosed leopard lizard Giant garter snake 5, 31

Desert tortoise 5, 32 Amargosa vole Fresno kangaroo rat Giant kangaroo rat Morro Bay kangaroo rat

Point Arena mountain beaver Stephen’s kangaroo rat Tipton kangaroo rat 5

Pacific pocket mouse San Francisco garter snake (San Mateo and Santa Cruz counties only) 5, 33

*5: Use shall be supervised by a person (wildlife biologist, county agricultural commissioner, university extension advisor, state or federal official or others) who is trained to distinguish dens and burrows of target species from

those of non

- target species. The person responsible for supervision shall be aware of the conditions at the site of

ap plication and be available to direct and control the manner in which applications are made (per Section 6406 of Title 3, California Code of Regulations). Contact your county agricultural commissioner for information on training. 30: Use is prohibited with in 500 feet of water courses at any time, EXCEPT: a) in cultivated areas 31: Use is prohibited from October 1 through April 30, EXCEPT: a) in cultivated areas, or b) on the water side of water supply channels 32: Use is prohibited from July 1 through Febru ary 28, EXCEPT: a) in cultivated areas, or b) on the water side of water supply channels 33: Use is prohibited EXCEPT with a prior site evaluation by the county agricultural commissioner in cooperation with the Department of Fish and Game and the U.S. Fish and Wildlife Service.

### 25 Based on the above protective actions, the FWS provided CDPR with a letter of concurrence stating that the gas cartridge bulletins “adequately protect federally listed species during the [gas cartridge] uses and that they are consis tent with the conclusions of the March 1993 Vertebrate Control biological opinion”. However, this conclusion only applie s to those species addressed in the 1993 biological opinion. Consequently, four species including the California red

- legged frog, Alam eda whipsnake, giant garter snake , and the pacific pocket mouse are not covered by this letter of concurrence from the FWS. It is also importan t to note that whereas the USDA APHIS

- WS consultation applied to only APHIS

- WS personnel, the consultation betwee n CDPR and FWS applied to all users. Similar to the previous consultation between APHIS

- WS and F WS, EPA also

intends to revisit the CDPR consultation with the FWS to continue to ensure adequate protections remain in place for federally listed species that are likely to be affected by gas cartridge use.



### Mitigation Options

There are a number of mitigation options that are available to eliminate exposure to potentially impacted listed species. Th e following section present s the results of the currently available mitigation options and the impact those mitigation options would have o n the list of species provided in Table 3

.

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 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 specifi cally mention the aforementioned mammals, the labels for the small and large gas cartridges registered by the USDA do not limit use to only these target species. Due to distinctive habitat conditions where burrows are made, seven species would

benefit fro m clarifying 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 . 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 beac h 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 musk rat burrows , which are made in the sides of steep banks of ponds,

### 26 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

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

There are six species of beach mouse ( St. Andrew beach mouse, Perdido Key beach mouse, Alabama beach mouse, Southeastern beach mouse, Anastasia Island beach mous e, and

Choctawhatchee beach mouse ) that could also be affected by the label restriction on target species. As mentioned before , three of these beach mice were previously removed from the direct effects list. However, their addition back to the direct eff ects list is a function of the potential overlap of habitat with the house mouse. Each of these species inhabits the frontal, secondary, and tertiary coastal dune zone. Their burrows are not shared with any target species. However, the house mouse may m ake burrows alongside the burrows of the beach mice in developed areas. Where habitat overlaps, there could be exposure to the beach mice. Given that

no ne of the labeled target species ha ve 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 gas cartridge c ould not

be use d on the house mouse . Consequently, the specification of use only on the labeled target species would remove the potential for exposure to each of the speci es of beach mouse and lead

to a No Effect determination

.

2. Geographic Restrictions

a. Federally Managed Lands

The 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. The P esticide R e

- evaluation D ivision has contacted the federal land managers for those species which occur solely on federal land to determine the extent of ga s 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 include the following :

1. Mount Graham red squirrel

a. Coronado National Forest

– Forest Service

2. C arolina 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 Mo untains 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. 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

### 27 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 agencies 5 

### , gas cartridges are not currently used in the geographic areas inhabited by the above species. If gas cartrid ges 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 modificat ion 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 use limitations 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

. B ulletins Live would then be amended as appropriate according to the results of the consultation.

b. 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 pr eviously 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 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 respective 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

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. 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/oppfead 1/endanger/bulletins.htm

7 Ibid NPS email May 21, 2012.

### 28 privately owned Channel Islands that are inhabited by the se two listed species m ay 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 exposure to gas cartridges. These birds include the Hawaiian d ark

- r umped petrel and the

Newell’s Townsend’s shearwater , both of which occur in several areas of the Hawaii an 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 als o apply to all of the Hawaiian species on
the indirect effects list.

c. Restriction on Timing of Use

The majority of species on the direct effects list in Table 3 could be adversely affected at any time of the year by the use of gas cartridges in their range. However, the copperbelly watersnake is an exception due to its life history. According to in formation provided by the FWS 8 

### , the copperbelly watersnake hibernates only in crayfish burrows during the winter months. These hibernacula are unlikely to be use sites for gas cartridges due to both the size of crayfish burrows

as well as the location of crayfish burrows in wet or saturated soils. The period of hibernation for the copperbelly watersnake extends from October 15 to April 15. During other times of year, the snake will inhabit other burrows, including those in more upland areas, which may be use sites for the gas cartridges. Consequently, the snake may be adversely affected from April 16 to October 14. If gas cartridge use is allowed only during the period from October 15 to April 15 in the range of the copperbelly watersnake, then exposure to this species would not occur and a No
Effect determination would be concluded for the copperbelly watersnake.

d. Additional Restriction s o n 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) from the listed spe cies’ 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 . T hese 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

8 FWS email s August 23, 2012 and September 4, 2012

### 29 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. Bog turtle

6. Buena Vista Lake ornate shrew

7. California red

- legged frog

8. California tiger salamander (Central Valley DPS)

9. California tiger salamander (Santa Barbara DPS)

10. California tiger salamander (Sonoma DPS)

11. Coachella Valley fringe

- toed lizard

12. Copperbelly water snake

13. Desert tortoise

14. Fresno kangaroo rat

15. Giant garter snake

16. Gia nt kangaroo rat

17. Gopher tortoise 18. Houston Toad

19. Hualapai Mexican vole

20. Key Largo woodrat

21. Mississippi g opher frog

22. Morro Bay kangaroo rat

23. Northern Idaho ground squirrel

24. Pacific pocket mouse

25. Point Arena mountain beaver

26. Pygmy rabbit

27. San Bernardino Merriam’s kangar oo

rat
28. San Francisco garter snake

29. San Joaquin kit fox

30. Santa Cruz long

- toed salamander

31. Sonora tiger salamander

32. Southeastern beach mouse

33. Stephens’ kangaroo rat

34. Tipton kangaroo rat

35. Utah prairie dog

36. 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 of the gas cartridges in
these areas. Note that specific spatial data on ranges are unavailable for two species for which mitigation is available and has already been addressed in the previous sections. These species include the two bird species ( Hawaiian dark

- rumped petrel and the Newell’s Townsend’s shearwater) from Hawaii. In summary

, exposure would be eliminated with geographic

restrictions and a No Effect determination would appl y to any additional species beyond those that may already have been addressed throug h the previously mentioned mitigation options

.



### Results of the Refinement of the Direct **Effects List**

Each of the above proposed mitigation options is intended to reduce the potential for exposure to listed species from gas cartridges

. There are a number of mitigation solutions that lead to a No

### 30 Effect determination for various species. These mitigation solutions include the following:

 Limiting the potential target species for gas cartridge applications to only those listed explicitl y on product labels.

 Prohibiting gas cartridge use in areas where listed species of concern are known to

occur.

 Prohibiting gas cartridge use in areas where listed species of concern are known to occur only at times of year when the species is likely to inhabit potential cartridge use

sites.

If a fter all of the aforementioned mitigation solutions leading to No Eff ect determinations were implemented on product labels, a total of five species total would remain on the “LAA” direct effects list. These species include:

1. Black

- footed ferret

2. Eastern indigo snake

3. Florida salt marsh vole

4. Gray wolf

5. Red wolf

These listed species either do not have spatial data provi ded by the FWS to indicate their range

, or the spatial data is incomplete . Given the lack of complete spatial data for these species, it is not possible to implement mitigation to eliminate potential ex posure from gas cartridges. For these species, the potential for exposure to and associated risk from gas cartridges would remain.

If exposure to gas cartridges for any of the species listed in Table 3 is not mitigated to the point

of a No Effect determination

, EPA will consult with the FWS on the listed species w hich remain

on the direct effects “LAA” list while taking into account the results of pr evious consultations

between the FWS and the relevant agency ( i.e. , APHIS

- WS or CDPR) as appropriate

.