EPA REVISED DECISION FOR M-44

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.

Additional information: https://www.regulations.gov/document?D=EPA-HQ-OPP-2010-0752-0207.

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

---

Water Listening Session

Dear friends in all things water, 

Hope you had a lovely Thanksgiving! 

Please join us next Thursday, December 5th from 10:00am - 11:30 am at New Mexico State University for a listening session with myself, the Water Resources Research Institute, and others on improving New Mexico’s approaches to water management. 

The purpose of this listening session is to hear from you, to discuss challenges in managing water across the state, and to explore opportunities to modernize our approaches to water science, policy, management, and infrastructure at the state level.  

We’ve had initial listening sessions in Albuquerque, Santa Fe, and Socorro and are hoping to hear from communities and sectors across New Mexico.  If you cannot make this event, there will be other opportunities in coming months and you can also send comments and questions directly to me. 

This is an open event—please feel free to invite and share widely!

Water Listening Session

Thursday, December 5, 2019

10:00 am - 11:30 am 

Barbara Hubbard Room (2nd Floor) of the Pan American Center

New Mexico State University 

Las Cruces, New Mexico

Please join if you can and come with good ideas.

Thanks so much!

Melanie

Tomato and Pepper import retrictions.

FOR INFORMATION AND ACTION

DA-2019-28

November 15, 2019

Subject:    Federal Order for U.S. Imports of tomato (Solanum lycopersicum) and pepper (Capsicum spp.) hosts of Tomato brown rugose fruit virus (ToBRFV)

To:            State and Territory Agricultural Regulatory Officials

Effective November 22, 2019, after issuance of this notice, the USDA’s Animal and Plant Health Inspection Service (APHIS) will restrict the importation of tomato (Solanum lycopersicum) and pepper (Capsicum spp.) hosts of Tomato brown rugose fruit virus (ToBRFV). APHIS has determined it is necessary to restrict the importation of these plant species to prevent the introduction of ToBRFV into the United States.

ToBRFV is a recently described member of the Tobamovirus genus. This virus genus also contains other economically important pathogens that infect vegetable crops, including Tobacco mosaic virus (TMV), Tomato mosaic virus (ToMV), and Cucumber green mottle mosaic virus (CGMMV). The disease caused by ToBRFV was first reported in 2014 in tomatoes in Israel. Since then, ToBRFV has been reported in China, Mexico, Germany (eradicated), Italy, Jordan, Turkey, Greece, the United Kingdom, and the Netherlands. Given the global nature of seed production and the international movement of seeds, the distribution may be greater than reported.

Tomato and pepper are the two main hosts. Symptoms caused by ToBRFV include bubbling and mosaic on leaves of susceptible pepper, and fern leaf and mosaic on tomato leaves. On fruit, symptoms include smaller fruit size with a rough surface, fruit drop, delay in ripening, and fruit discoloration including blotching, pale color and/or brown necrotic spots. Infected tomato fruits can be unmarketable or reduced in quality. Necrosis can occur on susceptible pepper fruit.

Tobamoviruses are mechanically transmitted and seedborne viruses. ToBRFV is mechanically transmissible through infected sap of both tomato and pepper. Transmission occurs through touching and manipulating infected plants. Transmission is common during transplant productions or in crop production systems in which plants are regularly handled, such as greenhouse operations.

To safeguard against the introduction of ToBRFV into the United States, APHIS is restricting the importation of tomato and pepper by requiring imported plants and plant products to be free of evidence of ToBRFV, as specified in the attached Federal Order. Currently, propagative hosts are considered high risk pathways for the introduction of ToBRFV and under the conditions of the Federal Order, imports of propagative material must be free from ToBRFV based on origin from an area where the pest is absent or based on negative results of diagnostic testing.

APHIS is placing restrictions on imports of fresh tomato and pepper fruit from those countries where ToBRFV is present and that are approved to export to the United States. Although the phytosanitary risk associated with infected fruit is historically considered to be low, in light of reports of the transmission of the virus from fruit, these interim measures are necessary to safeguard U.S. tomato and pepper production while APHIS fully evaluates emerging scientific evidence on ToBRFV. Specifically, APHIS will require tomato and pepper fruit imported from Mexico, Israel, and the Netherlands (countries approved to export tomatoes where ToBRFV is present) to be inspected at the point of origin to ensure it is free of disease symptoms. Because Canada imports tomato and pepper fruit from Mexico that are re-exported to this country, APHIS will also require tomato and pepper fruit from Canada to be inspected at the point of origin to ensure it is free of disease symptoms. In addition, U.S. Customs and Border Protection (CBP) will increase inspections at U.S. ports of entry to ensure imported tomato and pepper fruit entering from Mexico, Israel, the Netherlands, and Canada do not show any signs of disease upon arrival.

We will also restrict importation of tomato and pepper fruit worldwide to commercial consignments only and prohibit imports in passenger baggage.

These requirements for imported fruit will remain in place until APHIS completes its risk analysis of the fruit pathway for ToBRFV introduction into the United States and determines appropriate regulatory action.

For additional information regarding this Federal Import Order, please contact Dr. Angela McMellen-Brannigan at 301-851-2314 or Angela.McMellen-Brannigan@usda.gov.