EPA Announces Revised Interim Decision for
M-44 Predator Control Devices
Decision
includes new restrictions and revisions that will better protect public health
and non-target animals from accidental exposure
Today, the
U.S. Environmental Protection Agency (EPA) is announcing a more protective
interim decision on sodium cyanide, the compound used in M-44 devices to
control certain wild predators, primarily coyotes, as part of the
re-registration review process required by the Federal Insecticide, Fungicide,
and Rodenticide Act. After a careful review of the available information and
extensive engagement with the U.S. Department of Agriculture (USDA), EPA is
issuing a revised interim decision on sodium cyanide that includes new
requirements to ensure continued safe use of the device. The agency’s new
requirements enhance protections by adding increased distances for device
placement.
“EPA
appreciates the commitment from USDA to work with the agency to ensure that
there are safe and effective tools for farmers and ranchers to protect
livestock,” said EPA
Assistant Administrator for the Office of Chemical Safety and Pollution
Prevention Alexandra Dunn. “Through our discussions, we
identified new restrictions that will raise awareness and create additional
buffers around where M-44s are placed, which will reduce the potential for
unintended impacts on humans, pets, and other non-target animals.”
“We rely on
a variety of tools and techniques to meet our public service mission in the
safest and most effective manner possible,” said Greg Ibach, Under Secretary for USDA’s Marketing and
Regulatory Programs mission area. “The M-44 plays an important
role in achieving that mission by protecting livestock and threatened and endangered
species and helping to stop the spread of disease. I appreciate EPA’s
recognition of that role and consideration of our input throughout this
process.”
“NASDA
appreciates the EPA’s continued steps to prioritize public safety and support
American ranchers, as M-44 is an essential tool for guarding our nation’s
livestock. NASDA members hold highly the responsibility of ensuring the
viability of American ranches, therefore, improved guidelines for safety
measures are always welcomed,” said
National Association of State Departments of Agriculture CEO Dr. Barbara P.
Glenn.
“M-44s are
an important tool for livestock producers and we applaud Administrator Wheeler
and his team at EPA working with USDA to ensure that ranchers maintain access
to this predator control device,” said
Public Lands Council President Bob Skinner
“We
sincerely appreciate USDA and EPA working together to ensure livestock
producers have access to effective predator control, while also increasing
public awareness and transparency,” said
American Sheep Industry Association President Benny Cox.
“Livestock producers face heavy losses from predators, amounting to more than
$232 million in death losses annually. We are particularly vulnerable during
lambing and calving, where we see the worst predation.”
“NCBA, and
many of our affiliates such as the Oklahoma Cattlemen’s Association, appreciate
EPA’s decision to retain the use of this important tool. Livestock producers
have to contend with predation of livestock on a daily basis and having access
to every tool in the toolbox allows our ranchers to continue to protect the
herd,” said Ethan Lane,
Vice President of Government Affairs, National Cattlemen’s Beef Association.
EPA’s two
new restrictions include:
- A 600-foot buffer
around residences where M-44s cannot be applied (except for that of a
cooperating landowner who has given written permission for placement of
the devices on their property).
- Increasing
from 100 feet to 300 feet the distance from designated public paths and
roads where M-44s cannot be used.
In
addition, to further protect public health, the interim decision also expands
upon Use Restriction 23 by requiring two elevated warning signs that face the
two most likely directions of approach, within 15 feet of M-44 devices.
Currently, only one sign is required, at a distance of 25 feet from the device.
All sodium
cyanide products, which were first registered in 1947, are restricted-use
pesticides and require users to be trained and certified. Only USDA, South
Dakota, Texas, Montana, Wyoming, and New Mexico hold registrations for sodium
cyanide products and certified applicators are the only individuals who are
permitted to use M-44 devices. The updated restrictions on device use, as well
as device placement and location limitations, together with the stringent
certification requirements for trained certified applicators of the product,
all work in concert to prevent people who are not certified M-44 applicators
from coming too near to these devices.
Background
M-44
devices are used in limited situations, with registration held only by USDA and
five agricultural states and are a vital tool for many farms and ranches where
certain predators prey on livestock such as sheep, goats and cattle. A 2015
National Agricultural Statistics Survey (NASS) study found that coyotes
accounted for 40.5 percent of cattle death losses due to predators, or
approximately 17,000 deaths. Of the 14 predators listed in the NASS study
questionnaire, coyotes accounted for just over half of the 239,000 calf losses
due to predators. In 2015, coyotes accounted for the highest percentage of
cattle deaths due to predators (40.5 percent), followed by unknown predators
(15.8 percent) and dogs (11.3 percent). Coyotes also accounted for the highest
percentage of calf deaths due to predators (53.1 percent), followed by unknown
predator causes (12.4 percent) and vultures (10.3 percent).
In December
2018, EPA published a Proposed Interim Registration Review Decision, for public
comment, updating the use restrictions to reduce exposure to humans and
non-target species. Some of the December 2018 proposed use restrictions included:
- Increasing
the distances from roads/pathways where M-44 devices could be placed to
100 ft (from 50 ft).
- Reducing
the distance of warning signs from the M-44 devices to 15 ft (from 25 ft).
- Requiring
better notification when M-44 devices were deployed.
On August
6, 2019, EPA released the interim decision, which was withdrawn shortly after
because EPA determined more time was needed for discussions with USDA on the
most appropriate and enforceable label language for several of the M-44 label
restrictions
