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This file contains materials relating to attempts to control coyote attacks on herds of sheep.

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16988255
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Predators (2)
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16988255
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Predators (2)
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This file contains materials relating to attempts to control coyote attacks on herds of sheep.
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James M. Cannon Files (Ford Administration)
James Cannon's Issues Files
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Environmental protection
Predatory animal control
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16988255
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1977-01-31
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1977
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1975-04-01
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1975
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The original documents are located in Box 26, folder "Predators (2)" of the James M. Cannon Files at the Gerald R. Ford Presidential Library. Copyright Notice The copyright law of the United States (Title 17, United States Code) governs the making of photocopies or other reproductions of copyrighted material. Gerald Ford donated to the United States of America his copyrights in all of his unpublished writings in National Archives collections. Works prepared by U.S. Government employees as part of their official duties are in the public domain. The copyrights to materials written by other individuals or organizations are presumed to remain with them. If you think any of the information displayed in the PDF is subject to a valid copyright claim, please contact the Gerald R. Ford Presidential Library. THE WASHINGTON POST LEISURE Waterg B10 Thursday, May 1, 1975 R Mr Robi E From the book A wild cub, one of the covotes that Hope Ryden stulked and studied for her book "God's Dog." The Case for the Coyote Reviewed by Book World Mary Richie The reviewer, author of "A GOD'S DOG. By Hope Ryden. Romantic Education," recent. (Coward, McCann & Geoghrgan. 288 DD, $12.50) ly published "Loving Up. ward." her second novel. cluding "America's Last lose sheep, and they have to Some items in this folder were not digitized because it contains copyrighted materials. Please contact the Gerald R. Ford Presidential Library for access to these materials. May 14, 1975 MEMORANDUM FOR NORM ROSS DOMESTIC COUNCIL SUBJECT: Predator Control Yesterday I received the recommendations on predator control submitted by the Nool Growers. This memorandum represents both my response to the Wool Growers' presentation and my views on the issue discussed with the President. My understanding was that the purpose of the meeting with the President was to provide the representatives of the Wool Growers and their associates an opportunity to express their views. Consequently, I did not express my own views; neither did the others present who did not subscribe to the Wool Growers' views. There are clearly two sides to this issue, and I believe it would be a serious mistake if a decision for a change in present policy were to be reached when only one side has been heard. Opposition to the use of poisons on public lands comes from a very broad cross section of the American public. It is not limited to the environmental groups or any other single segment. Illustrative of this, EPA informs me that the week that Administrator Train announced the experi- mental program for testing Sodium Cyanide in the M-44 mechanism, they received some 6,000 telegrams and 4,000 letters, about 99% in protest of the action. Consequently, I would strongly urge that before there is any change in the Executive Order or current policy on predator control poisons, the President should meet with FORD WORK i LIBRA 07V8 -2- representatives of the important part of his constituency which does not wish to see any relaxation of the poison ban. Mr. Quinn's letter transmitting the Wool Growers recommendations states that he is acting "on behalf of the National Wool Growers Association and the other organizations represented ot last week's conference." However, my staff has been in contact with Mr. Robert Jantzen, who represented the International Association of Game, Fish and Conservation Commissioners at the meet- ing with the President. As Mr. Jantzen has written, the Association is preparing a separate recommendation. At least in the draft form available to us, this recom- mendation is quite different from that of the Wool Growers'. The basic thrust of the Wool Growers recommendations is to rescind the existing Executive Order. That is the effect of their proposed modified executive order and it would be immediately perceived as such by the public. I very strongly advise against this procedure for the reasons outlined below. I am not commenting in detail on the specifics of the Wool Growers submissions since they are all directly related to effectively rescinding the Executive Order. I am also not going into detail on the history or nature of the predator control program and problem. I understand that the Department of the Interior is preparing you a background briefing paper which accom- plishes that. You also have the Predator Control section from our last Annual Report. The basic issue is one of a drastically declining sheep industry. Since about 1940, the industry has been in a virtually constant decline. The periods of greatest decline have accompanied the period of greatest use of poisons in predator control. Further, the decline in the industry has been roughly equivalent both in the. 17 Western states where coyotes are a problem and in the 31 other sheep raising states where they are not. This situation continues. Currently the total losses of livestock in the other 31 are actually slightly greater than those in the 17 states which DERALD FORD LIBRARY -3- have coyotes. There is no question but that the sheep industry is in serious trouble, but there is equally no question but that coyote predation is not the main prob- lem. It is, however, a convenient target for the frus- trations of the Western wool growers. The predator control program currently being used, most with nontoxic methods, is killing as many coyotes on an annual basis as were killed on an average during the decade prior to the poison ban. In view of the methods used, this effort is probably providing more overall pro- tection to the wool growers, since the nontoxic methods are generally more selective for the coyotes which are causing the actual trouble, than was the brond scale use of toxicants. Since the poison ban, predation is up in some areas and down in others. From the information available to us (from USDA, USDI, EPA, etc.) there is no substantiation that overall predation has significantly increased since the poison ban. The Wool Growers recommendations include reference to the need to use poisons for predator control to protect wild- life. However, as Mr. Jantzen pointed out in the meeting with the President, predation is not a major wildlife problem. The wildlife profession itself has come out strongly in opposition to poisons in predator control. At the 1973 North American Wildlife and Natural Resources Conference, the proposed new North American Wildlife Policy was presented. This was the result of year's study by & very distinguished group of top wildlife professionals, including representation from the International Association. In terms of poisons for predator control, the Wildlife Policy stated: "Poisoning should be outlawed except for emergency use by qualified personnel." Citizen opposition to the use of poisons in predator con- trol is based on several factors. One is the whorrence of what is perceived as the cruelty involved. Another is the potential damage to nontargeted animals {including birds) and to the ecosystem as a whole. A further factor involves the predators themselves, Citizens place a high BERALD FORD LIBRANT social value on predators and resent their destruction. Livestock grazing on public lands is seen by much of the public as one privileged use of such lands. There is growing opposition when this use further impacts other public use and enjoyment of those lands, particularly through the use of poisons for predator control with its real or believed impact on the predators, other wildlife, and ecosystems of the public lands. Those of the public who are better acquainted with the situation realize that predators are not what is causing the decline of the sheep industry, and that in most cases poisons are of questionable benefit at best. This com- bination of considerations of morality with other factors creates strong opposition to poisons from a very broad spectrum of the nation's public. Given these factors, recognizing that predation is not the basic problem of the sheep industry, and that poisons, even with unlimited use, have never solved the industry's problems, it is clear to me that rescinding the Executive Order would be strongly counterproductive. Another option would be to suspend or amend the Executive Order to allow use of the M-44 under certain circumstances. I would advise against this procedure also. The M-44 is currently in wide use under the EPA experi- mental program and under the USDI emergency uses. The Wool Growers have repeatedly emphasized that the M-44 is not effective. We know that the M-44 certainly has limi- tations on its effectiveness, and alone is not the answer. Consequently, amending the Order to allow the M-44 will at most buy a few months time. It will appear to be a step in the direction of helping the Wool Growers, but will create real problems with the rest of the public. The Wool Growers in short order will come back saying that the I1-44 does not work and that we must go to 1080 or other poisons. Having set the precedent of allowing poisons on public lands, it will then be politically vastly more difficult to hold the line. Therefore, there is littlerforo GERALD ADDRESS -5- even temporary, to be gained from amending the Order to allow the M-44 and a great deal to be lost. In my judg- ment it will create a worse problem in the long zun (long being perhaps less than six months after whatever action is taken). The time element is a further factor to be considered if any change is contemplated. If control of poisons is shifted entirely to EPA (through amendment or recision of the Executive Order), the administrative procedures will require many months. If this procedure involves an envi- ronmental impact statement and public hearings, the time would be extended, possibly late into 1976. Such delays would only create further frustration on the part of the Wool Growers, while doing nothing to molify the rest of the public. My advice, then, is: (1) leave the Executive Order in place; (2) assure that the emergency provisions of the Executive Order operate smoothly, (3) accelerate research on the toxic collar and on other methods of predator con- trol, and (4) identify the real factors affacting the sheep industry and. determine Federal policy accordingly. I will be pleased to amplify these comments or provide any additional information. Russell W. Peterson Chairman been Peterson (2), Jellinek, Widman, Talbot Central File - Reading File LMTalbot:jp 5-15-75 FORD is LIBRARY 03.870 THE WHITE HOUSE WASHINGTON May 16. 1975 TO : JIM CAVANAUGH FROM: NORM ROSS me Per our discussion. I don't feel that I need to discuss this with Cannon unless he wants to. GERALD ? FORD THE WHITE HOUSE WASHINGTON May 16, 1975 MEMORANDUM FOR: JIM CANNON FROM: NORM ROSS ock SUBJECT: Coyote Problem As a follow-up to the April 29, meeting with the President on the subject of coyote predation, the National Wool Growers Association has forwarded recommendations to you directed towards a solution of the problem. The recommendations included: - A proposed amended Executive Order - A suggested Presidential Message to accompany issuance of an amended Executive Order - Suggested additional directives of the President needed to effect a solution to the predator problem Essentially, the proposed Executive Order rescinds Executive Order 11643 by eliminating its restrictions on toxicant use. The proposed Executive Order would limit the use of chemical toxicants to those permitted by the Federal Insecticide, Fungicide and Rodenticide Act. The proposal would put the solution to the problem clear in the hands of Russ Train. The Wool Growers recommendations were staffed to EPA, Agriculture, Interior and CEQ for their review and comment. EPA - Opposes the proposed modification in the Executive Order. Actions to register toxicants causing secondary poisoning effects are unlikely to be forthcoming in less than two years, if at all. -2- - Proposal would greatly alienate the environmental community without really helping the livestock industry - Train feels the Administration should: -- Reintroduce Animal Damage Control legislation which provides funding for alternatives to toxicants and research -- Give high priority in EPA to review data on cyanide -- Develop controls on cyanide use -- Begin to prepare an EIS for operational use of cyanide devices should they be found registerable -- Urge Interior to proceed with rapid develop- ment of new alternatives for predator controls CEQ - Strongly urge that before there is any change in the current policy, the President should meet with representatives of the other side of the controversy - A change in the Executive Order would create a worse problem in the long run - Russ Peterson recommends that the Administration: -- Leave the Executive Order in place -- Assure that the emergency provisions of the Executive Order operate smoothly -- Accelerate research on other methods of predator control -- Identify the real factors affecting the sheep industry and determine Federal policy accordingly -3- The Department of Interior also opposes any modificantion in the existing Executive Order for the same reasons as given above. Comments have not been received from the Department of Agriculture We have heard these arguments and have debated the issue long enough. Dick Dunham and I strongly recommend that you call Russ Train and tell him to proceed under his authority in the Federal Insecticide, Fungicide and Rodenticide Act to take those steps necessary which would permit the use of chemical toxicants for controlling predatory animals. May 18, 1975 MEMORANDUM FOR: JIM CANNON FROM: NORM ROSS SUBJECT: Coyote Problem As a follow-up to the April 29, meeting with the President on the subject of coyote predation, the National Wool Growers Association has forwarded recommendations to you directed towards a solution of the problem. The recommendations included: - A proposed amended Executive Order - A suggested Presidential Message to accompany issuance of an amended Executive Order - Suggested additional directives of the President needed to effect a solution to the predator problem Essentially, the proposed Executive Order rescinds Executive Order 11643 by eliminating its restrictions on toxicant use. The proposed Executive Order would limit the use of chemical toxicants to those permitted by the Federal Insecticide, Fungicide and Rodenticide Act. The proposal would put the solution to the problem clear in the hands of Russ Train. The Wool Growers recommendations were staffed to EPA, Agriculture, Interior and CEQ for their review and comment. EPA - Opposes the proposed modification in the Executive Order. Actions to register toxicants causing secondary poisoning effects are unlikely to be forthcoming in less than two years, if at all. GERALD -2- - Proposal would greatly alienate the environmental community without really helping the livestock industry - Train feels the Administration should: -- Reintroduce Animal Damage Control legislation which provides funding for alternatives to toxicants and research -- Give high priority in EPA to review date on cyanide - Develop controls on cyanide use -- Begin to prepare an EIS for operational use of cyanide devices should they be found registerable - Urge Interior to proceed with rapid develop- ment of new alternatives for predator controls CEQ - Strongly urge that before there is any change in the current policy, the President should meet with representatives of the other side of the controversy - A change in the Executive Order would create a worse problem in the long run - Russ Peterson recommends that the Administration: - Leave the Executive Order in place -- Assure that the emergency provisions of the Executive Order operate smoothly - Accelerate research on other methods of predator control -- Identify the real factors affecting the sheep industry and determine Federal policy accordingly FORD is LIBRAR, -3- The Department of Interior also opposes any modificantion in the existing Executive Order for the same reasons as given above. Comments have not been received from the Department of Agriculture We have heard these arguments and have debated the issue long enough. Dick Dunham and I strongly recommend that you call Russ Train and tell him to proceed under his authority in the Federal Insecticide, Fungicide and Rodenticide Act to take those steps necessary which would permit the use of chemical toxicants for controlling predatory animals. NEROSS/ee GERALD manualy ? FORD EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY 722 JACKSON PLACE, N. W. WASHINGTON, D. C. 20006 2 0 MAY 1975 Dear Jim: This is to follow up the meeting on predator control with the President. Since the purpose of the meeting was to give the Wool Growers an opportunity to express their views, those of us who held an opposite view remained silent. However, only one side of this highly charged question has been heard, and before any change in the status quo is made, it is essential that the other side be heard. If you think that the Wool Growers were angry, wait till you hear from the vastly larger cross section of our public if we start poisoning their wildlife on public lands. Wildlife has become a significant interest of the American public. The current popularity of TV wildlife shows is just one indication of that. Poisons in themselves are red flags. The threat of returning poisons to public lands unites a mass of the public that is vastly broader than the traditional environmental interests. The public is concerned with "non-target" as well as "target" animals and birds killed by poisons. There are no real compilations of unintentional losses, but in a study of one small area, the animals accidentally poisoned that were found included: 3 bobcats, 37 dogs, 1 house cat, 2 badgers, 4 weasels, 8 eagles, 7 magpies, 4 hawks, and 2 ground squirrels. I have attached a table of known "target" animals that were killed during the decades prior to the ban on poisons: 23,803 bears, 477,194 bobcats, 51,857 wolves, 7,264 mountain lions, and 2,823,146 coyotes. No wonder the public reaction is so great! The other key point, of course, is that the poison ban is not what is putting the sheep industry out of business. The ndustry has declined dramatically since the 1940's, FORD is LIBRARY GERALD -2- and the greatest periods of decline accompanied the periods of greatest use of poisons. The decline is about the same in the 17 states with a coyote problem as in the 31 non- coyote states, and total losses of sheep are greater per- centagewise in the non-coyote states. Predation and the poison ban is a convenient target for the Wool Growers frustration, but it is not the central problem. Accordingly, my recommendation is to retain the Executive Order as it is, but to take some appropriate measures. There are further details in my memo to Norm Ross on this, which is attached. Sincerely, Russ Russell W. Peterson Chairman Mr. James M. Cannon Assistant to the President for Domestic Affairs White House Washington, D. C. 20500 Enclosures GERALD THE WHITE HOUSE WASHINGTON May 21. 1975 TO : JIM CANNON FROM: NORM ROSS As per your request. FORD is LIBRARY GERALD EDWARD A. McCADE K.MARTIN WORTHY LAW OFFICES FULLER HOLLOWAY CHARLES D. HAMEL (1881-19' ARTHUR PETER,JR. BENJ. H. SAUNDERS (1894-12 HENTY ROSMER McPHEE HAMEL, PARK, MC CABE & SAUNDERS GLENN L ARCHER,JR I WM. H. BRADFORD, JR. 1776 F STREET, N. W. JOHN W. PETTIT IN CHICAGO, ILUNOIS 6050 JOHN P. BANKSON, JR. ARTHUR LEE QUINN WASHINGTON, D.C. 20006 HAMEL, PARK & SAUNDERS III WEST MONROE STREET STUART C. WHITE JOHN a DEGODYER TELEPHONE (202) 785-1234 TELEPHONE (312) 348-3827 BERNARD T. RENZY JOHN ENRIETTO (RESIDENT PARTI JEROME P. WEISS' MARK SULLIVAN III CABLE ADDRESS: HAMEL ANTHONY J. THOMPSON TELEX: 440374 TALY-UI JOHN H. SPELLMAN A.FAXON HENDERSON, JR. MICHAEL C. DURNEY CHARLES M. BRUCE STEVEN T. HAMBLIN LOUISE A.SUNDERLAND May 9, 1975 LAMBERT H. MILLER ARTHUR L.OUINN CHARLES W. NYQUIST COUNSEL NOT ADMITTED IN D.C. Mr. James Cannon Assistant to the President for Domestic Affairs The White House Washington, D.C. 20500 Dear Mr. Cannon: It was a great pleasure meeting you at the conference with the President on the afternoon of April 29th, during which the subject of coyote predation was discussed. We appreciate your interest in this critical matter and look forward to working with you towards a successful solution. As you will recall, as the meeting concluded, the President requested recommendations be made to you and Secretary Butz with respect to Executive Order 11643. We are pleased to do this on behalf of the National Wool Growers Association and the other organizations represented at last week's conference. Identical recommendations have been made to Secretary Butz, and he has indicated he will coordinate with you at a later date. It is my understanding that Mr. Norman Ross of your staff will initially review these materials, but we trust you will subsequently give them your personal attention. Looking forward to hearing from you, and with warm regards, I am, Yours sincerely, a hee Dinne Arthur Lee Quinn ALQ:mf Enclosures Enclosures (1) A final draft of the Proposed Form of Amended Executive Order. (2) A suggested Presidential Message to accompany issuance of an amended Executive Order. (3) An explanation of Modifications in Executive Order 11643. (4) A Statement of Purpose and Intent pertaining to the proposed changes in Executive Order 11643. (5) Suggested Additional Directives of the President needed to effect a solution to the predator crisis. Proposed Modified Executive Order EXECUTIVE ORDERS No. Date and Citation ENVIRONMENTAL SAFEGUARDS ON ACTIVITIES FOR ANIMAL DAMAGE CONTROL By virtue of the authority vested in me as President of the United States, and in furtherance of the purposes and policies of the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426 - 426 (b) ) ; the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); the Endangered Species Conservation Act of 1969. (16 U.S.C. 668aa) ; and the Federal Insecticide, Fungicide and Rodenticide Act, as amended (7 U.S.C. 136 et seq.), it is ordered as follows: Section 1. Policy. It is the policy of the Federal Government (1) to limit and insure the proper use of chemical toxicants for the purpose of controlling predatory mammals, rodents or birds by permitting only those toxicants approved under provisions of the Federal Insecticide, Fungicide and Rodenticide Act, as amended, to be used in any Federal Program; (2) that chemical toxicants be used only when and where other methods of control are inadequate and/or ineffective; (3) that when chemical toxicants are used on Federal lands, the provisions of the Federal Insecticide, Enclosure No. 1 GERALD B. FORD EXECUTIVE ORDERS Fungicide and Rodenticide Act notwithstanding, only agents or employees of the Federal or State Governments shall be permitted to apply such toxicants. All such animal or bird damage control programs shall be conducted in a manner which contributes to the maintenance of environmental quality, and to the conservation and protection, to the greatest degree possible, of the nation's wildlife resources, including predatory animals. Sec. 2. Definitions. As used in this order the term: (a) "Federal lands" means all real property owned by or leased to the Federal Government, excluding lands administered by the Secretary of the Interior pursuant to his trust responsibilities for Indian affairs. (b) "Agencies" means the departments, agencies and establishments of the executive branch of the Federal Government. (c) "Chemical toxicant" means any chemical substance used for killing predatory mammals, rodents or birds. (d) "Predatory mammal or bird" means any animal or bird which habitually preys upon other animals or birds. (e) "Rodent" means any animal in the orders rodentia or lagomorpha. EXECUTIVE ORDERS Sec. 3. Restrictions on Use of Chemical Toxicants. Heads of agencies shall take such action as is necessary, in any Federal program of mammal, rodent or bird damage control under their jurisdiction to: (a) Insure that only those chemical toxicants approved by the Administrator of the Environmental Protection Agency under the provisions of the Federal Insecticide, Fungicide and Rodenticide Act, be used in such programs; (b) Limit the use of chemical toxicants to those circumstances where other methods of control are determined to be inadequate or ineffective; and (c) Permit only agents or employees of the Federal or State Governments to use approved chemical toxicants on Federal lands. Sec. 4. Rules for Implementation of Order. Heads of agencies shall issue such rules or regulations as may be necessary and appropriate to carry out the provisions and policy of this order. GERALD FORD THE WHITE HOUSE Date Suggested Presidential Message to Accompany Issuance of Amended Executive Order On February 8, 1972, President Nixon promulgated Executive Order 11643, entitled "Environmental Safeguards on Activities for Animal Damage Control on Federal Lands. " Without altering its basic purpose I have today amended this order for the following reasons: (1) Subsequent to Executive Order 11643, the Federal Environmental Pesticide Control Act (FEPCA) was enacted to amend the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA). This legislation now provides the Environmental Protection Agency with ample authority to prevent the misuse of all harmful chemicals, authority it did not have when Order 11643 was issued. (2) The Federal Government experience in animal damage control, of the past three years, has shown that in many situations mechanical methods of control are effective in protecting wildlife, domestic livestock and poultry from wild animal predation. But it has also shown that under numerous circumstances and conditions mechanical means are ineffective. Enclosure No. 2 - 2 1 (3) As a result of unmanageable predation in various parts of the country losses of livestock, poultry and certain species of wildlife have been excessive, causing severe economic hardship and depletion of valuable resources. The revised Order redefines Federal Government policy in accordance with the amended FIFRA but further limits the use of chemical toxicants for predator control in Federal programs to only those approved by the Administrator of the Environmental Protection Agency. Further, chemical toxicants are to be used only when it has been determined that non-toxic methods are inadequate or ineffective and when used on Federal lands they are to be applied only by agents or employees of the Federal or State Governments, It is in the best interests of our nation to manage wildlife populations in an effort to maintain environmental quality as well as afford protection to domestic livestock and poultry. A balanced program of animal damage control must be undertaken to achieve these purposes and this could not be done under the restrictions imposed by Order 11643. FORDO is 97V839 LIBRAR Explanation of Modifications in Executive Order 11643 Title The new title should read "Environmental Safeguards on Activities for Animal Damage Control" (strike "On Federal Land") . The scope of the modified order would be extended to include the use of toxicants on all lands, private as well as public, because FIFRA encompasses all classes of land. The additional provision of limiting pesticide use for animal damage control purposes to those cases where non-chemical techniques are "inadequate" covers private as well as public lands. Legal Citations The following legal citations should be added: (a) The Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426 - 426 (b) ) . (b) The Federal Insecticide, Fungicide and Rodenticide Act, as amended (7 U.S.C. 136 et seq.). The addition of these two statutes is necessary because both provide fundamental responsibilities for animal damage contro. and toxicant use. Policy New Section 1 (1) Policy. The suggested changes are designed to achieve the basic objectives outlined in Enclosure No. 4, "Statement of Purpose and Intent." The existing language, except for the last sentence of the order, becomes unnecessary Enclosure No. 3 - 2 - or contradictory to the intention of focusing on FIFRA. The amended order would be extended to include "rodents." New Section 1 (2) is intended to limit the use of toxicants for animal damage control beyond provisions of FIFRA but not so tightly that administrators are unable to strike reasonable balances between non-chemical and chemical control methods, including considerations of available funds and costs of alternate methods of control, as well as adoption of newly developed methods of chemical control which may prove more desirable than mechanical measures. New Section 1 (3) is intended to preclude any private applicator of any class under provisions of FIFRA from applying toxicants for purposes of animal damage control on Federal lands, unless such applicators are acting in their capacity as agents for Federal or State Governments. Definitions New Section 2 (a) "Federal lands" remains the same, with the exception of eliminating sub-section (2) "real property located in metropolitan areas. " (b) "Agencies" remains same as in old order. (c) "Chemical toxicant" as redefined herein is intended to exempt such products as tranquilizers, repellents or attractants from restrictions contained in Section 1 (2) and 121 - 3 - (d) "Predatory mammal or bird." remains the same. A definition of "rodent" has been added. (e) "Secondary poisoning effect" - This definition should be removed in its entirety. It becomes irrelevant since such distinctions are now to be made in accordance with FIFRA. (f) "Field use" becomes irrelevant and should be eliminated. Restrictions on Use of Chemical Toxicants The existing Section 3 becomes unnecessary in its entirety because of the subsequently enacted provisions of FIFRA which provide means of restricting pesticide applications. However, the amended order should provide that agency heads use toxicants in accordance with the stated policy of section 1, that is, only those approved by EPA, only where non-toxic methods will not achieve the desired results and only by government employees on Federal lands. Rules for Implementation of Order Section 4 should remain as is. Statement of Purpose and Intent The proposed revisions in Executive Order 11643 are designed to limit and insure proper and responsible use of chemical toxicants for animal damage control through fundamental reliance upon the Federal Insecticide, Fungicide and Rodenticide Act (FIFRA), as amended by the Federal Environmental Pesticide Control Act (FEPCA). FEPCA was enacted subsequent to the Executive Order and the amended FIFRA is the basic statute designed to prevent environmental abuse by misapplication of pesticides. It should, therefore, be the guiding legislation for toxicant use in animal damage control. It should be noted that over 50,000 chemicals are registered under FIFRA, but, to our knowledge, the only ones singled out for prohibition by an Executive Order are the several formerly used in predator control. It should be further noted that these same chemicals are still registered under FIFRA for use in controlling rodents in urban areas. The Department of Interior experience of the past three years has shown that the use of toxicants can be reduced from former levels and they need be applied only. in a limited number of situations. This same experience has clearly proven that toxicants are essential under certain circumstances and are a necessary method for any balanced control program. Enclosure No. 4 - 2 - In addition to provisions of FIFRA, it is intended there be two other restrictions on use of toxicants for these purposes. They are: (1) That toxicants not be used if non-chemical methods are adequate to protect domestic animals and wildlife resources from predation. In determining "adequacy" cost dimensions as well as effectiveness of control techniques in reducing animal damage should be important factors. For example, use of shot-gunning by helicopters in areas far removed from airports may financially preclude that technique as a justified alternative to toxicant use. It is also important to recognize that future research may produce entirely new toxicants and/or delivery methods which are environmentally more desirable than non-chemical alternatives. On the other hand, it is imperative the term "inadequate" not become a loophole for escaping environmental considerations or for not providing satisfactory protection for domestic livestock, poultry or wildlife resources. - 3 - (2) On Federal lands only Federal or State employees or their properly designated agents should apply pesticides for animal damage control. This would preclude application on Federal lands by individuals, who otherwise may qualify under provisions of FIFRA, unless those persons are serving as agents for Federal or State Governments It is intended that the modified order continue to have as a basic purpose the objective of conserving wildlife resources and environmental quality, as did order 11643. Suggested Additional Directives of the President Necessary to Solve the Predator Crisis (1) The Secretary of Interior should be instructed to immediately apply to EPA for experimental use permits for chemicals which are likely to be useful as candidate materials for animal damage control programs under provisions of FIFRA. This will expedite the development of factual information necessary to classify and register such pesticides for use under appropriate provisions of FIFRA. Current policy under Executive Order 11643 has precluded all Federal research involving pesticides for animal damage control programs except sodium cyanide. (2) We believe the history of unreasonable delay by EPA in processing and responding to requests from the various States under provisions of FIFRA indicates a conscious effort to frustrate implementation of the FIFRA Act. The President should also direct the Administrator of EPA to give priority to expediting the regulatory procedures under FIFRA, especially the processing of experimental permits, and perhaps a definite target date for a full implementation of the Act. Enclosure No. 5 THE WHITE HOUSE WASHINGTON May 21, 1975 TO : JIM CANNON FROM: NORM ROSS Per your request. Attached are the recommendations from Ag., EPA, CEQ and Interior regarding predator control. FORD is LIBRARY 03RALD UNITED STATES ENVIRONMENTAL PROTECTION AGENCY 5 SUBJECT: Proposal to Amend Executive Order 11643 DATE: MAY 141976 FROM: Russell E. Train, Administrator TO: Normal E. Ross, Domestic Council The White House Thank you for providing me with a copy of the Wool Growers' proposal to amend Executive Order 11643. I appreciate the oppor- tunity to comment on this important matter. The White House meeting on March 29 was for the purpose of allowing members of the livestock industry to present their views to the President. Consequently, other parties in attendance, includ- ing me, did not present their views in any depth. I am therefore directing my response to Mr. Cannon and expressing my views on the predator issue in general, as well as specifics on the Wool Grower's proposal. A copy of my letter to Mr. Cannon is enclosed for your information, which I believe fully states my reaction to the proposed modifications. Please let me know if we can offer any further information or assistance at this time. EPA Form 1320-6 (Rev. 6-72) UNITED PROTECTION STATES. AGENCY UNITED STATES ENVIRONMENTAL PROTECTION AGENCY WASHINGTON, D.C. 20460 THE ADMINISTRATOR Jim MAY 141075 Dear Mr Cannon: I appreciate the opportunity to comment on the proposed modification of Executive Order 11643 submitted by counsel for the National Wool Growers Association. Because of the magnitude of this proposed action, I would like to more broadly express this Agency's position on predator control in general, which of course has direct bearing on the Executive Order. Because of the short time frame necessary for our response, I will address the major issues which I feel should be brought to the President's attention. Let me begin by stating that in the opinion of this Agency, the proposed modification would in effect nullify the intent and impact of the Executive Order. The Order as proposed would no longer be a tool of administrative policy; the changes. would in fact render it an empty shell of platitudes mouthing a respect for environmental integrity, but in effect removing all operational guidance of substance currently contained in the Order. Nor do I feel that the proposed change is a reflection of the consensus of opinion stated in the April 29 meeting at the White House which I attended along with other Federal Agency representatives and the Wool Growers and the Cattleman's Association. In essence, the modified Order would permit the use of toxicants where nonchemical control is "inadequate" or "ineffective"; while these terms are not explicitly defined, the Order makes clear that a cost evaluation is essential in determining "adequacy." While use of chemicals is presumably to be the "second choice" in control efforts, it is clear that poisoning is often economically advantageous to many non-chemical controls, e.g., aerial surveillance and gunning. The cost approach to determining adequacy of non-chemical controls is not required to be balanced against other factors such as potential impact on non-target populations. Further, by removing the requirement for consultation among Agencies and thus fragmenting the decision of control among land- managing departments, a different interpretation of "inadequate" and "ineffective" can be expected. I believe interagency consultation to be a vital part of the current Order, and certainly necessary to a consolidated Federal animal control policy. 2 Most importantly; the use of toxicants under the proposed order would be contingent upon EPA registration or experimental permit under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA) as amended. It is thus imperative to understand this Agency's position regarding predator poisons. EPA has extensively researched the predator situation in the last several years. As you know, following the implementation of Executive Order 11643 in February 1972, this Agency suspended and canceled the registrations of predator control products containing strychnine, sodium cyanide, and 1080 on the basis that these toxicants posed an "imminent hazard to the public welfare." In response to growing complaints of increased predator losses by the livestock industry subsequent to this action, the Agency launched an investigation into the current predator control situation. We have learned, first of all, that the decline of the livestock industry, particularly the sheep segment, is due to far larger problems than predation. Economic stresses include such factors as increased labor costs (giving rise to less efficient range management), the increase in the synthetic fiber industry, and the general supply/demand situation for meat. We have further learned that significant declines in the sheep industry in the East have occurred where coyotes are not a problem; that predator rates are up in some areas, down in others and on balance appear to remain unchanged since the toxicant ban. Furthermore, the Cain Committee report (on which the Executive Order and our subsequent suspension/ cancellation are largely based) found non-target impacts resulting from secondary poisoning to be of significant magnitude. The FIFRA requires that registration be based upon data demonstrating a) that the product will be efficacious in its intended use and b) that it may be used without unreasonable adverse effects on the environment, which of course includes wildlife. The findings of Cain would thus be a major obstacle to registration of toxicants with secondary poisoning potential. The most promising of the toxicants from a registration standpoint is sodium cyanide. As you are no doubt aware, the Agency has issued a total of nine experimental use permits for the testing of sodium -3- cyanide in the spring-loaded ejector mechanism (known as the M-44) in an effort to collect data which can support, or conversely refute, registration under FIFRA. Since sodium cyanide was never registered for use in the M-44 (it was formerly employed in the "getter"--an explo- sive device with a history of hazard to humans), we believe a proper opportunity should be allowed to gather appropriate data for registration purposes. We expect to be receiving final data results between June and November. With respect to the other toxicants, the Agency has significant questions which stand in the way of their potential for reregistration because of their exhibited toxic effects, Effects which caused initial cancellation to be taken. Agency policy specifies that reregistration of products which have been previously suspended and/or cancelled due to a finding of unreasonable adverse effect cannot be accomplished without full exploration of benefits and risks, and without opportunity for public hearing. Suspension/cancellation may not be reversed lightly nor without the same opportunity for full public participation as provided for in the initial cancellation procedings. Furthermore, such hearings demand the public's time and resources and cannot be initiated on a whim but only after finding of substantial new evidence. On March 18, 1975, after long deliberation about the equities involved in overturning a cancellation stemming from finding of unreasonable adverse effect, I promulgated regulations covering these types of cases. A copy is enclosed for your information. In the case of Compound 1080 or strychnine, it is clear that a showing of substantial new evidence followed by a formal administrative hearing would be necessary prior to any reversal of the Agency's 1972 Orders. Such hearings, based upon past experience, could take from several months to two years. Sodium cyanide, on the other hand, is in a different situation since, as I indicated earlier, a primary consideration in the cancel- lation appeared to be the explosive nature of the device in which it was employed. Since EPA does not register devices, it can be argued that sodium cyanide in a different device may be registered without such a hearing upon proper showing of safety and efficacy; or in the event of a hearing it is unlikely to be so protracted as in the case of other toxicants. I have directed my Office of General Counsel to advise me as to the procedural aspects in this complicated case. Also -4- I might mention that potassium cyanide for use in the M-44 has never been Federally registered and is thus not affected by the March 18 regulations. As for a potential time frame for registering sodium cyanide, we are obliged, of course, to await the outcome of the experimental programs. To respond prior to the collection of adequate data could only lead to the assumption by the Wool Growers that the programs were meaningless stalling devices, and to the charge by environmentalists that we are not properly administering FIFRA. Thus, no action can reasonably be expected until fall 1975, assuming that adequate data will be available by that time. Further, the Department of the Interior advises that in any case, that Agency must prepare an environmental impact statement prior to operational use of any toxicant in its pro- grams, and fall would be consistent with USDI's timing needs as well. To attempt to circumvent proper procedures as outlined can lead only to greater delays due to vigorous and difficult-to-defend court suits to prevent the use of toxicants. Another major point to which I have alluded heretofore is the reaction of the environmental organizations to any modifications in the Executive Order. The President 'has been exposed to the Wool Grower's and Cattlemen's thoughts on the issue. I do not know, however, if he realizes the tremendous interest in predator control by wildlife organizations and the public at large. Speaking from my own personal experience, the week that we announced the initiation of the experimental sodium cyanide programs, I received approximately 10,000 telegrams in strong opposition to my action. The hundreds of letters which followed were at least 99% in opposition to any use of predator toxicants. A recent book has come to my attention which praises the coyote as "God's dog." Walt Disnay films have generated much interest in and affection for the coyote. The animal, in fact, to many symbolizes the free and vanishing wildlife in this country. Reaction to use of toxicants on public land has been particularly strong; many have voiced an objection to use of toxicants on "my land" to deter "my coyotes" to protect the "self serving" interests of the sheep industry. I therefore strongly suggest that the President solicit the input of the major environmental organizations, e.g., the National Wildlife Federation, the Humane Society, Environmental Defense Fund, Friends of the Earth, Fund for the Animals, Sierra Club, Natural Resources Defense Fund, etc., before proceeding with any changes in the Order. -5- EPA certainly does not intend to prevent the livestock industry from protecting its livelihood. It is concerned about the methods used. Proper animal management, denning, trapping, shooting and other alternatives are available and do not result in unacceptable environmental effects; the spring loaded cyanide device as well may be acceptable if it proves efficacious in current experiments. However, toxicants with high potential for inflicting direct and secondary poisoning on non-target species should not be allowed on either public or private lands. The Administration has in the past two years proposed legislation to more effectively assist the livestock industry in controlling predator damage. This legislation, the Animal Damage Control Act, would have provided funds to the States and increased research into predator control techniques. EPA supported the bill, which unfortunately was not reported out of Committee. In summation, then, EPA opposes the proposed modification in the Executive Order. Actions to register toxicants causing secondary poisoning effects are unlikely to be forthcoming in less than two years, if at all. The only feasible relief at this time lies with cyanide (sodium or potassium) for use in the M-44, and even this will depend upon results of the current experimental program and cannot reasonably be accomplished before fall 1975 and perhaps even not before early 1976. Alternative example scenarios are attached to illustrate typical situations which may arise. On balance, it appears that the Wool Growers' proposal will greatly alienate the environmental community without really helping the livestock industry. I believe we must develop a policy which will be in keeping with the realities of probable accomplishments in assisting the livestock industry without abandoning a sound environmental and public land policy by the Administration. Namely, the Administration should: 1. Reintroduce Animal Damage Control legislation which pro- vides for adequate operational funding of alternatives to toxicants, mandates and funds a strong research effort and streamlines program management with the States. The Wool Growers', Cattlemen and other livestock interests should be urged to get behind the passage of such legislation. -6- 2. Give high priority in EPA to review of data on cyanide as quickly as it is received to determine whether registration can be justified. 3. Develop controls on cyanide use, to be ready if the data can support registration. These can be developed, implemented, and enforced without special changes in the Executive Order through labeling. EPA, USDI and USDA should approach this jointly. 4. Begin to prepare an EIS for operational use of cyanide devices should they be found registerable, or approvable for emergency use under the FIFRA (USDI). 5. Urge USDI to proceed with rapid development of new alternatives, chemical and non-chemical; for predator controls such as the promising toxic collar. The current E.O. should not be read as prohibiting such work. EPA will lend full support to USDI in clearing necessary experimental use permits. I urge, therefore, that you recommend the President reject the Wool Growers' proposal, and at the very most look to the action I have suggested here. Again, I appreciate the opportunity to comment on this matter, and ask that you keep me personally apprised of needs for further infor- mation or actions being considered on this very important and critical area. Kum yours, Train Mr. James Cannon Assistant to the President for Domestic Affairs The White House Washington, D. C. 20500 Enclosures Two Example Alternative Scenarios - -M-44 OFFICIAL USE ONLY FAST# SLOW Prepare EIS* None Suspend E.O. June 75 Dec. 75 Suit on Action without EIs, filed July 75 None Suit on Action without EIS, cancelled Dec. 75 None EPA receives last EUP data Nov 75 Nov 75 Completes review Dec 75 Dec 75 Determines hearing needed: Start hearing None March 76 End hearing June 76 Outcome of hearing ? Assume positive action, no hearing Dec. 75 None Suit against positive action, filed January 75 July 76 Suit against positive action, completed Mar. 76 Sept. 76 Earliest use season Spring 76 Fall 76 Find ineffective Summer 76 Winter 76 Seek other Toxicants Summer 76 Winter 76 Impact by Fall, 1976 Woolgrowers & Don't have any cattlemen after toxicant, Impact new toxicant, Negative Impact Negative Environmentalists negative under either option. *USDI believes EIS required for operational program. #This scenario assumes that the Administrative Procedures Act does not require an adjudicatory hearing (vs. DDT Louisiana Case). RULES AND REGULATIONS 12261 Title 40-Protection of Environment CHAPTER I-ENVIRONMENTAL PROTECTION AGENCY [FRL 344-41 PART 164-RULES OF PRACTICE GOVEI ING HEARINGS, UNDER THE FEDEF INSECTICIDE, FUNGICIDE AND RODI TICIDE ACT, ARISING FROM REFUS/ TO REGISTER, CANCELLATIONS REGISTRATIONS, CHANGES OF CLAS FICATIONS, SUSPENSIONS OF REG TRATIONS AND OTHER HEARIN CALLED PURSUANT TO SECTION 6 THE ACT Subpart D-Rules of Practice for Appli tions Under Sections 3 and 18 To Mor Previous Cancellation or Suspens Orders On February 10, 1975, the Enviro mental Protection Agency ("EPA") pt lished notice in the FEDERAL REGISTER ( FR 6229) of the filing of an applicati under section 18 of the Federal Insec cide, Fungicide and Rodenticide Act, amended ("FIFRA"), and regulatic thereunder, for the use of pesticides CO taining DDT (1,1,1-trichlorophenyl et ane) on cotton to control the tobac bud worm. EPA also published on Fe ruary 10, 1975, notice in the FEDERAL RE ISTER (40 FR 6228) of informal pub hearings with respect to Louisiana's a plication to be held in Baton Rouge. Lc is'ana. on February 27-28, 1975 and Washington. D.C., on March 3-5, 1975 The objective of EPA in holding the informal hearings was to provide all 1 terested parties with an opportunity 1 formally to present their views and allow EPA to reach a determination soon as practicable. As these inform hearings prog. essed it became appare that the questions raised by the Loui ana application directly relate to t prior cancellation determination of t Administrator with respect to DDT. fo lowing extensive adjudicatory hearin and judicial review. After the inform hearings were announced, concern d veloped within EPA that because these prior administrative and judic proceedings, informal hearings alo may not fully satisfy the requiremer of the FIFRA, the Administrative Pr cedures Act and due process. EPA h concluded that the law requires that I vised procedures be instituted for t FEDERAL REGISTER, VOL. 40, NO. 53-TUESDAY, MARCH 18, 1975 12262 RULES AND REGULATIONS Louisiana application and for similar The application filed by Louisiana in- Numerous scientific studies and sever cases in the future, in order to provide volves the requested use of DDT on reports to government agencies have co required notice and opportunity for cotton. The extensive administrative and cluded that DDT has a wide spectrum formal public hearings to all affected judicial proceedings leading up to final harmful effects on nontarget plant and ar mal species; it increases the incidence parties. If the procedures were not re- cancellation of DDT registrations not animals of cancer and reproductive defect vised and the ultimate determination only relate directly to the Louisiana and its residues persist in the environme were to grant the petition, court chal- petition but also demonstrate the ex- and in the human. body long enough to lenges to the procedures would cause haustive proceedings which precede final found far in time and space from the origin additional delays and may even result EPA actions in contested cancellation or application. 428 F.2d at 1096-97. in reversal on procedural grounds. In suspension proceedings. and remanded to the Secretary: such a situation, Louisiana would be PROCEEDINGS LEADING TO THE FINAL CAN- denied the benefits of a favorable ruling Either for a fresh determination on tl CELLATION OF DDT for spring cotton planting because of question of suspension, or for a statement procedural irregularities. The purpose of (1) The EDF Petition of October 1969. reasons for his silent but effective refus this notice is to set forth the required On October 31, 1969, the Environmental to suspend the registration of DDT. If 1 persists in denying suspension in the fa procedures and to explain reasons for Defense Fund, The National Audubon of the impressive evidence presented by pet requiring such procedures. With respect Society, the Sierra Club and the West tioners, then the basis for that decisic to the Louisiana application this notice Michigan Environmental Action Coun- should appear clearly on the record, not also serves to confirm a tentative time sel ("EDF") filed a petition with the conclusory terms but in sufficient detail schedule announced at the Washington, Secretary of Agriculture ("USDA"), re- permit prompt and effective review. 428 F.: D.C. informal hearings on March 5, 1975, questing him (1) to issue notices of can- at 1100. within which these procedures will cellation for all pesticide products con- In addition, the Court ordered USDA 1 operate. taining DDT, and (2) to suspend the decide "on the record" whether to isst Since the registration of DDT f r registrations during the cancellation the remaining requested cancellatio pests on cotton, including the tobacco proceedings. EDF's petition precipitated, notices or to explain the reasons fc bud worm, constituted at least 75% of as the Administrator's Order noted, deferring the decision still furth Ibis DDT usage subject to the cancellation "approximately 3 years of intensive ad- (4) The "Statement of Reasons" ( order of the Administrator of June 14, ministrative inquiry into the uses of the Secretary and Additional Cancello 1972 (37 FR 13369) and amounted to 10 DDT." Order of June 14, 1972 at 1 tions. On June 20, 1970, the Secretar million pounds of DDT annually, the ("Order"). filed a "Statement of Reasons Underly Louisiana application for use of 2.25 (2) The Secretary of Agriculture's ing the Decisions on Behalf of the Sec milion pounds in Louisiana in 1975 Response. In response to EDF's peti- retary with Respect to the Registration squarely presents the question of whether tion, three things occurred. First, USDA of Products Containing DDT." At th the final cancellation order should be cancelled four uses of DDT (on shade outset he adhered to "the prior detei reconsidered. EPA has determined that trees, tobacco, around the home and in mination that no DDT registration any application under section 3 or sec- aquatir areas) second, USDA requested should be suspended at this time, an tion 18 of FIFRA for the use of a pesti- comments on other DDT products; and that further action with respect to car cide at a site and on a pest for which third, USDA took no action on the re- cellations should await completion ( registration has been finally cancelled quest for suspension. (USDA's intra-agency) use-by-use eval or suspended by the Administrator is in On November 25, 1969, USDA pub- uations presently in progress." State substance a petition for reconsideration lished a notice which stated (34 FR ment of Reasons at 1. He went on t of such order. Because of the extensive 18827): make the following findings: notice and hearing opportunities man- The department is considering cancella- (1) "that here are reports of carcinoge dated by FIFRA and the Administrative tion of any other uses of DDT unless it can nicity resulting from the administration < Procedures Act before a final cancella- be shown that certain uses Lie essential in large doscs of DDT in test animals" (p. 1); tion or suspension order may be issued, the protection of human health and welfare (2) DOT is persistent and accumulates i EPA has determined that such orders and only those uses for which there are no animal tissues (p.3); may nct be reversed or modified without effective and safe substitutes for the in- (3) "DDT is present in most forms of ani affording interested parties-who may tended use will be continued. mal life" (ibid.): in fact have participated in lengthy (4) "there is information which suggest On December 11, 1969, a reply to the that DDT is interfering with the reproduc cancellation proceedings-similar notice petition was sent to EDF by the Director tion of certain raptorial birds and may be and hearing opportunities. of Science and Education for USDA, stat- contributor, among other factors, to the de Section 6 of FIFRA permits the Ad- ing that the Department had been "con- cline of some of these species" (ibid.); ministrator to issue notice of intent to cerned for some time over the potential (5) "DDT is moderately toxic to hone cancel a pesticide registration upon a bees" (ibid.); hazards that may result from the pres- (6) "DDT in lakes and streams has beei finding by him that the pesticide "gen- ence of DDT and other persistent pesti- a factor in fish mortality and reproductiv erally causes unreasonable adverse ef- cides in the environment." and listing failures" (ibid.): and fects on the environment. "Such notice several actions, including the above can- (7) When DDT accumulates in "detritu is required to be sent to the registrant cellations, that had been taken. No spe- food some harm may be done to detritu and made public. The registrant, or cific mention was made of EDF's request feeders" (pp.3-4). other person adversely affected, may for suspension. He concluded (p. 8) that: then request a hearing. The final de- (3) Environmental Defense Fund, (1) DDT is not an "imminent hazard t. cision of the Administrator is required Inc. V. Hardin (DDT- I) On December human health"; to be made after the conclusion of the 29, 1969, EDF filed a petition in the Court (2) "there are some adverse effects upoi hearing. The United States Court of Ap- of Appeals for the District of Columbia certain species of fish and wildlife"; peals for the District of Columbia has seeking review of USDA's failure to com- (3) "DDT has indisputably important and characterized the cancellation proce- ply fully with their requests. beneficial uses in connection with humai dures as providing "extensive safeguards" health and agriculture, and there are not ye On May 28, 1970, in Environmental De- and "elaborate procedural protection" available substitutes for all [emphasis added jense Fund, Inc. V. Hardin, 138 U.S. App. to pesticide registrants and others and, essential uses"; D.C. 391, 428 F.2d 1093 (1970), the (4) DDT use should be reduced to "use as a result, "a substantial time, likely to Court held that EDF had standing to which are essential to the public health and exceed one year, may lause between is- suance of notice of cancellation and final challenge the Secretary's determinations welfare"; and (5) there should be "continuation of the order of cancellation. Environ- under FIFRA, that a refusal to suspend review of the possible effects (both beneficia mental Defense Fund, Inc. V. Environ- was reviewable. and that the inaction and deleterious) of DDT." mental Protection Agency, 328 F. 2d 528, on the suspension request was ripe for In addition to issuing the Secretary's 533 (1972). review. This Court noted that: statement of reasons, USDA took other FEDERAL REGISTER, VOL. 40, NO. 53-TUESDAY, MARCH 18, 1975 RULES AND REGULATIONS 12263 action subsequent to the filing of EDF's bility. and biomagnification of DDT in the (11) EDV v. Ruckelshaus (DDT IV) initial petition. Specifically, on February environment. Recognizing these character- With the administrative proceedings in 26, May 6 and August 18, 1970, in order istics, the four government committees which process, the Court on December 9, 1971, have studied the DDT problem in depth be- to protect man and the environment tween 1963 and 1969 have all recommended denied EDF's suspension petition, while from the hazardous use of DDT. notices that its uso be phased out over a period of at the same time granting EDF the right of cancellation were issued covering reg- time. [Footnote omitted None have recom- to renew its petition If the administra- istrations for a number of vegetable, mended an immediate ban. However. the tive proceedings were not completed by grain, fruit, forestry. livestock, nursery time has come for resolution of the DDT April 15. 1972. and lawn uses of products containing issue in light of the standards set out in the (12) Formal Public Hearings. Formal DDT. FIFRA. This is now being done through the public hearings commenced on August 17, (5) Environmental Defense Fund V. orderly administrative forum provided by the 1971, before a hearing examiner and statute in the cancellation proceedings. Ruckelshaus (DDT ID. On January 7, concluded on March 16, 1972. During 1971, after reviewing USDA's Statement (8) Advisory Committee Report. The those eight months, 123 witnesses testi- of Reasons, the Court remanded the case advisory committee requested by Crop fied, and 363 exhibits were introduced a second time, this time to the Adminis- King and Montrose, and composed of into evidence. The DDT industry pre- trator of the newly-created Environ- experts nominated by the National sented 17 witnesses and introduced 58 mental Protection Agency. who had just Academy of Sciences, began delibera- exhibits: USDA, in a dual role as regis- been given authority for administration tions on DDT in May. 1971. On Septem- trant (of two agricultural pest quaran- of the FIFRA. Environmental Defense ber 9, 1971, the committee issued its re- tine products) and intervenor, presented Fund V. Ruckelshaus, 142 U.S. App. D.C. port and recommendations. After a 40 witnesses and 94 exhibits; EDF pre- 74, 439 F. 2d 584 (1971). lengthy discussion of the scientific evi- sented 13 witnesses and introduced 66 The Court determined that the Secre- dence of the hazards of DDT use. the exhibits; and the EPA staff presented 47 tary's refusal to suspend or cancel all committee found that DDT posed an im- witnesses and introduced 132 exhibits. registrations of DDT had been predi- minent hazard to the environment and The remaining witnesses and exhibits cated on an "incorrect interpretation of recommended that all DDT uses be rap- were introduced by H. P. Cannon and the controlling statute." 439 F. 2d at 588. idly phased out. Previously. four Presi- Ell Lilly. The transcript of the evidenti- Noting in particular that the Secretary dential and other scientific commissions ary hearing contains more than 9,300 had found that DDT at large dosages recognized the inherent hazards of DDT. pages. caused cancer in experimental animals "Use of Pesticides." A Report of the Pres- (13) The Examiner's Recommended and that DDT was toxic to certain birds, ident's Science Advisory Committee Decision. The Hearing Examiner's rec- bees, and fish, the Court stated that it (May, 1963) "Restoring the Quality of ommended decision vas issued on April was "plain that he found a substantial Our Environment," Report of the En- 25, 1972. Stating that in order to cancel question concerning the safety of DDT." vironmental Pollution Panel, President's DDT, he would either have to find that 439 F. 2d at 594- 95. When such a ques- Science Advisory Committee (November, DDT directly causes cancer in man or tion exists, this Court held, the adminis- 1965) ; Report of the Committee on Per- makes the "earth uninhabitable" the trative procedure must be "triggered." sistent Pesticides, Division of Biology Examiner concluded that the "DDT Accordingly, the case was remanded to and Agriculture, National Research products in issue were not misbranded the Auministrator with instructions to Council, to US. Department of Agri- under the FIFRA (7 U.S.C. 135b(2), issue notices of cancellation with respect culture (May 1969): the Report of the (z) (2) (c), (d) and (g))"; that, as a to the remaining uses of DDT. (H.E.W.) Secretary's Commission on matter of law, DDT use is not a carcino-1 (6) The Aaministrator's Issuance of Pesticides and Their Relationship to En- genic, mutagenic or teratogenic hazard Notices of Cancellation. On January 15, vironmental Health (Mrak Commission) to man; and that DDT did not have a 1971, the Administrator issued notices of (December, 1969). deleterious effect on fish or wildlife. Rec. cancellation with respect to all remain- (9) EDF D. Ruckelshaus (DDT III). Dec. pp. 92-94. ing registrations of DDT products. EDF returned to Court a third time to (14) Oral Argument Before the Ad- More than 50 registrant filed objec- challenge the Administrator's refusal to ministrator. On May 16, 1972, the Ad- tions and a request for a public hearing. suspend Since the advisory committee ministrator personally heard over three Two registrants, Montrose Chemical report was issued just prior to oral argu- hours of oral argument on the exceptions Company and Crop King sought advisory ment, the case was remanded to EPA raised by the various parties. committee consideration. In addition to for further consideration of the suspen- (15) The Administrator's Cancellation EDF, several other parties intervened in sion issue in light of the advisory com- Order of June 14, 1972. On June 14, 1972, the hearing, namely: USDA, The Na- mittee findings. the Administrator issued an order can- tional Agricultural Chemicals Associa- (10) The Administrator's November 1, celling all registrations except those tion (NACA), H. P. Cannon & Son (a 1971 Statement. In a statement filed with for public health and agricultural pest Delaware food processor, only as to use the Court on November 1, 1971, the Ad- quarantine use. The order established of DDT on sweet peppers) and Ell Lilly ministrator again determined not to sus- December 31, 1972, as the effective date & Company, a former registrant of one pend DDT products. In reaching that of the cancellations. DDT product. Montrose and Crop King decision he noted that the advisory com- At the outset, he stated that he was were not parties to the public hearing. mittee had found: "persuaded *- that the long-range (7) The Administrator's March 18, DDT spreads from its site of application risks of continued use of DDT for use on 1971 Refusal to Suspend. In response to and is carried 'throughout the global bio- cotton and most other crops is unac- Court order that he reconsider the ques- sphere' (Conclusion 2. page 39): and DDT ceptable and outweighs any benefits." tion of suspension, the Administrator Is- and its metabolites persist for years in the Order at 1. sued a statement of "Reasons Underlying e:.vironment and become concentrated in the Registration Decisions Concerning certain species of fish and wildlife, which The Administrator found that DDT is Products Containing DDT, 2,4,5-T, suffer either present or potential danger persistent, highly mobile in the environ- Aldrin and Dieldrin" on March 18, 1971. therefrom (Conclusion 3. page 39). ment, biomagnified in food chains, and has deleterious effects on beneficial or- It set forth the reasons why the Admin- However, the Administrator concluded, ganisins. The bulk of his Opinion and istrator deemed suspension of DDT prod- as the advisory committee had similarly Findings were concerned with the harm- ucts unnecessary in view of the admin- concluded, ful effects resulting from these proper- :- trative proceeding then underway, and articulated general standards relating to there will be no appreciable dif- ties and assessment of the asserted bene- pesticide cancellation and suspension ference in hazard to the public whether the matters. The Administrator noted that: registration of DDT is immediately sus- '38 of the witnesses were wildlife biologists, pended or whether it is cancelled in the near 32 were entomologists, 9 were toxicologists This determination Is supported by the future. If warranted. Therefore. the harm to or pharmacologists. 5 were cancer experts, nature of the present effects of DDT. DDT the public from DDT cannot be lessened by B were chemists, 5 were medical doctors, 2 is a hazard by virtue of its potential toxicity immediate suspension as opposed to appro- were economists, and 0 were businessmen. at prolonged low levels of exposure. This priate cancellations upon the orderly com- The remaining witnesses represented other hazard is made acute by the persistence, mo- pletion of the cancellation procedures. miscellaneous disciplines and fields. FEDERAL REGISTER, VOL. 40, NO. 53-TUESDAY, MARCH 18, 1975 12264 RULES AND REGULATIONS fits of the DDT uses in issue. He found of administrative proceedings. The Initial of FIFRA relating to notice and to the that DDT is a potential human carcino- cancellation notice for the major uses of opportunity of adversely affected partie: gen and presents a real carcinogenic risk aldrin and dieldrin was issued by the to join in formal hearings are broadl: to man. See Findings at 3. Administrator on March 18, 1071. Formal drafted to permit maximum participa He also found widespread hazards to administrative hearings commenced on tion in the cancellation proceedings b: birds, fish and other animal life caused August 7, 1973. During the following other Federal agencies, the States, indus by use of DDT, specifically (ibid) twelve months of hearing, 249 witnesses try, environmental groups, and private 1. DDT affects phytoplankton species' com- testified, and over 35,000 pages of tran- citizens. With such broad opportunitie position and the natural balance in aquatic script and exhibits were considered and to participate in the original proceedings ecosystems. the suspension is now subject to judicial the public interest-and the interests 0 2. DDT Is lethal to many beneficial agri- review by the Court of Appeals for the the partics who participated in such pro cultural insects. District of Columbia. ceedings-requires that the issues befor 3. DDT can have lethal and sublethal ef- Similarly, the two administrative pro- the Administrator not be relitigated fects on useful aquatic freshwater inverte- ceedings currently in progress with re- without a threshold determination tha brates, including arthropods and molluscs. spect to pesticide products containing there is substantial new evidence which 4. DDT is toxic to fish. 5. DDT can affect the reproductive success mercury and mirex have involved may materially affect the prior order of fish. lengthy hearings. The notice of intent This procedure does not prejudice th 6. DDT can have a variety of sublethal to hold hearings on mirex was issued on interests of parties seeking modification physiological and behavioral effects on fish. March 28, 1973. The formal hearings If there is substantial new evidence, 7. Birds can mobilize lethal amounts of were begun on December 3, 1973 and formal hearing should be convened t DDT residues. have not yet, conclud-d. To date, over 60 demonstrate the materiality of such evi 8. DDT can cause thinning of bird egg- witnesses have testified in those hearings dence. Morcover, the public interest de shells and thus impair reproductive success. resulting in a record of over 12,400 pages. mands that public agencies not be re He then found minimal benefits be- As in the aldrin and dieldrin proceed- quired to expend limited resources o cause adequate alternative pest control ings, a scientific advisory committee re- reconsideration of facts previously adju measures were available. Finding V-10. port on mirex was prepared prior to the dicated. Public resources should not b He ultimately concluded that almost all commencement of the formal hearings. commited to reconsider a prior Cnal or uses of DDT were not safe, that the risks The cancellation notice of pesticide der unless there is substantial new evi of use far outweighed any benefits and products containing mercury was issued dence which may materially affect suc. that it was therefore misbranded under on March 22, 1972. The formal admin- order. FIFRA. istrative hearings began on October 1, For the foregoing reasons, EPA i (16) EDF v. LPA (DDT V). Coahoma 1974 and a. still in progress. Forty wit- adopting a new Subpart D to the Rule Chemical Company, EPF and other par- nesses have testified thus far in those of Practice (40 CFR Part 104) settin ties sought review of the Administrator's hearings generating a record of over forth the procedures to be followed i final cancellation order in the Court of 2,400 pages. the case of an application under FIFR Appeals. Observing that the order was THE REQUIRED PROCEDURES sections 3 or 18 which requests use of issued "after a lengthy administrative re- pesticide at a site and on a pest for whic view. the Court affirmed the deter- In cancellation and suspension cases registration has been finally cancelle mination and order of the Administrator. such as those outlined above, where EPA or suspended. These revised procedure Environmental Defense Fund, Inc. V. En- has finally determined to cancel or sus- require that in any such case the Admin vironmental Protection Agency, 489 F. 2d pend a pesticide registration after ex- istrator will initially determine, on th 1247, 1249 (D.C. Cir. 1973). In so doing haustive notice and opportunities for basis of the application and supportin the Court rejected industry argument hearing as mandated by FIFRA and the data, whether there 13 substantial ne that: Administrative Procedure Act ("APA"), evidence which may materially affect th fairness requires that such final orders the Administrator's findings are prior order and whether such evidenc Insufficient in that they are based to a large not be modified or reversed lightly. Such could not have been discovered by du extent on data which does not directly and prior orders should not be modified or diligence on the part of the parties 1 specifically relate to the use of DDT to com- reversed without notice and opportunity the original proceeding. If it is deter bat the boll weevil and the bollworm in the for formal public hearings. The formal mined that there is no such evidenc cotton growing areas of the Southeast. on-the-record decision making process then the application will be denied. If The Court went on to find that: imposed by FIFRA and the APA as a is determined that there is such evidenc necessary prerequisite to final cancella- then a formal hearing will be convene It is true that much of the evidence in the tion or suspension would be rendered to determine whether such evidence ma record concerning dangers of DDT does not meaningless if the Administrator were specifically relate to this one area or to the terially affects the prior order and rt use on cotton crops. However, it is not neces- to modify or reverse such orders without quires its modification. This determin: sary to have evidence on such a specific use notice to the public, without an oppor- tion will be made on the basis of the re or area in order to be able to conclude on the tunity for formal hearings and without ord in the hearing and the recommend basis of substantial evidence that the use of limiting his consideration to a formal tions of the administrative law judi DDT in general is hazardous. The Adminis- hearing record. Such an informal process presiding-over the hearing, taking in trator has pointed to evidence in the record could greatly prejudice the interests of account the human and environment showing that use of DDT except in minuscule parties to the original proceedings. In amot in highly controlled circumstances risks found by the Administrator in h the original proceedings they had the should be curtailed because of unreasonable prior order and the cumulative impa risks to health and the environment. Reli- opportunity to be represented by coun- of past, present, and anticipated uses ance on general data, consideration of labo- sel, to present witnesses and documen- the future: The procedures adopted to ratory experiments on animals, etc., provide tary evidence and to cross-examine wit- day also provide that in emergency ci. a sufficient basis to support the Adminis- nesses of other parties. They had the cumstances the Administrator may ru trator's findings, even with regard to each opportunity to argue their cases before on the application without convening special use of DDT. 489 F.2d at 1253-54 (foot- an independent hearing examiner and formal hearing when he determin notes omitted). before the Administrator. An informal that: (1) the application presents a si Other Cancellation and Suspension process to modify or reverse final orders untion involving nced to use the pesticio Proceedings. In each of the other major would not prove such opportunities, to prevent an unacceptable risk to ( cancellation and suspension proceedings would not protect the procedural rights human health, or (ii) fish and wildli initiated pursuant to Section 6, EPA has of affected persons and would undercut when such use would not pose a hums similarly provided extensive notice and the statutory scheme required by FIFRA. health hazard; and (2) there is no oth formal hearing opportunities. Formal reconsideration of prior orders feasible alternative solution to such ris The aldrin and dieldrin suspension or- should only be granted where there is and (3) the time available to avert tl der issued by the Administrator on Octo- substantial new evidence which may ma- risk to human health or fish and wildli ber 1, 1974 followed almost three years terially affect the order. The provisions is insufficient to permit convening FEDERAL REGISTER, VOL 40, NO. 53-TUESDAY, MARCH 18, 1975 RULES AND REGULATIONS 12265 hearing: and (4) the public interest re- showing under section 18 of a pest out- Subport D-Rules of Practice for Applications quires the granting of the requested use break, of unavailability of alternatives Under Sections 3 and 18 To Modify Previous Cancellation or Suspension Orders as soon as possible. and of significant economic problems Sec. Notice of the Administrator's deter- could now be made without substantial 164.130 General. minations regarding substantial new evi- new evidence. The procedures set forth 164.131 Review By Administrator. dence will be published in the FEDERAL in this regulation clarify the application 164.132 Procedures governing hearing. REGISTER, as will notice of findings of of the general rules under sections 3 164.133 Emergency waiver of hearing. emergencies which require action with- and 18 to specific cases, such as the Lou- AUTHORITY: Sec. 25(a) and 6 of the Fed- out hearing. isiana application, which in substance oral Insecticide, Fungicide, and Rodenticide In the case of the petition by the State request modification or reversal of a Act, as ainended by the Federal Environmen- of Louisiana it is anticipated that the prior final order. tal Pesticide Control Act of 1972 (86 Stat. Administrator will make his determina- Following the 1972 DDT cancellation 997). tion as to whether substantial new evi- order. EPA permitted limited quantities Subpart D-Rules of Practice for Applica- dence exists on or about March 14, 1975. of DDT for temporary use to control the tions Under Sections 3 and 18 To Modify If it is determined that no substantial pea leaf weevil and the tussock moth in Previous Cancellation or Suspension new evidence is presented then the peti- specific areas. In 1973 and 1974 DDT Orders tion will be denied. If it is determined was authorized for use for the pea leaf that substantial new evidence is pre- $ 164.130 weevil in Idaho and Washington. These General. sented then notice of a formal public authorizations considered the available EPA has determined that any applica- hearing will be issued as soon as possible evidence "In light of the terms of the tion under section 3 or section 18 of the and it is anticipated that. depending on June 1972 (cancellation) order Act to allow use of a pesticide at a site the date of the Administrator's deter- (39 FR 10322). However, the use of DDT and on a pest for which registration has mination, the hearing would commence for the pea lear weevil was not cancelled been finally cancelled or suspended by on March 21, 1975, and be scheduled for by the Administrator in his 1972 order the Administrator constitutes a petition approximately five days, with the pre- and thus the pea leaf weevil applications for reconsideration of such order. Be- siding officer's recommendations due ap- did not in substance request the use of cause of the extensive notice and hear- proximabely four to five days after the a pesticide on a site and against a pest in:- opportunities mandated by FIFRA hearing and a final determination by the which was cancelled by final order. and the Administrative Procedures Act Administrator anticipated to be made In 1974 DDT was authorized for use before a final cancellation or suspension approximately four to five days there- on the Douglas-fir tussock moth in Ore- order may be issued, EPA has deter- after. Notice of the revised procedures gon, Idaho and Washington. That de- mined that such orders may not be re- set forth in this publication and of this cision specifically stated that: "The use versed or modified without affording tentative time schedule was given to all of DDT for control of the tussock moth interested parties-who may in fact have parties involved in the informal public was not specifically addressed in (the participated in lengthy cancellation pro- hearings held in Washington, D.C., on 1972 DDT cancellation) order. but there ceedings-similar notice and hearing op- March 5, 1975. Because of the March 5, is no present registration of DDT for this portunities. The procedures set forth in 1975 notice to interested parties, includ- purpose." 30 PR 8377. The use of DDT this Subpart D shall govern. all such ing the State of Louisiana, the publica- on the Douglas-fir tussock moth was not applications. tion of this regulation on the eve of the cancelled by the Administrator in his 1972 order. This use had been registered § 164.131 Review by Administrator. Administrator's anticipated decision as to -tantial new evidence will not prej- in 1947 by the Forest Service, but the (a) The Administrator will review ap- udice the interests of interested parties registration was later withdrawn without plications subject to this Subpart D and including the State of Lovisiana. All in- objection. supporting data submitted by the appli- terested parties received I. tice of these To the extent that the procedures an- cant to determine whether reconsidera- procedures on March 5 and were encour- nounced in thi- notice may differ from tion of the Administrator's prior cancel- aged to submit an additional brief state- prior agency practice as observed in the lation or suspension order is warranted. ment summarizing what they maintain pea leaf weevil, tussock moth and other The Administrator shall determine that to be substantial new evidence on cases, EPA has concluded that such dif- such reconsideration is warranted when March 10, 1975. The State of Louisiana, ferences are necessitated for the reasons he finds that: (1) the applicant has pre- and other interested parties have sub- set forth in this preamble. sented substantial new evidence which mitted such statements. In accordance with 5 U.S.C. section may materially affect the prior cancella- In addition, the Louisiana application 553, the procedures set forth in these tion or suspension order and which was was filed under FIFRA section 18 pursu- regulations shall take effect upon pub- not available to the Administrator at ant to which Louisiana is required to lication, without notice and public pro- the time he made his final cancellation show that there is a pest outbreak for cedure thereon, because they contain or suspension determination and (2) which no alternatives are available and rules of agency procedure and practice such evidence could not, through the ex- which will result in significant economic which are not required to be issued as ercise of due diligence, have been dis- or health problems (40 CFR Part 166). proposed rulemaking. For the reasons set covered by the parties to the cancellation Louisiana has questioned whether EPA forth in this preamble, EPA finds for or suspension proceeding prior to the is- is now changing the substantive stand- good cause that the effective date of suance of the final order ard by which its application will be eval- these regulations will not be postponed (b) If after review of the application uated. The procedures set forth in this for 30 days after publication because the and other supporting data submitted by regulation do not, however. change the currently pending application by the the applicant. the Administrator detcr- substantive rules by which the Louisiana State of Louisiana requests a determi- mines, in accordance with paragraph (a), application will be measured. The issues nation as soon as possible and EPA has of this section. that reconsideration of raised by the Louisiana application determined that these procedures should his prior order is not warranted. then under section 18 were adjudicated and be implemented immediately so that the the application will be denied without finally decided in the 1972 DDT cancel- Louisiana application may be processed requirement for an administrative hear- lation case. In that case the Adminis- in accordance with them. ing. The Administrator shall publish no- trator was required to make, and made, For the reasons set forth herein. Title tice in the FEDERAL REGISTER of the de- specific findings and conclusions with re- 40, Part 164 of the Code of Federal Reg- nial briefly describing the basis for his spect to the risks and benefits associated ulations is hereby amended by adding a determination as soon as practicable. with DDT use on cotton. The Adminis- new Subpart D to read as follows: Such denial shall constitute final agency action. trator's findings and conclusions were Dated: March 12, 1975. (c) If after review of the application then affirmed by the Court of Appeals RUSSELL E. TRAIN, and other supporting data submitted by for the District of Columbia. Thus, no Administrator. the applicant, the Administrator deter- FEDERAL REGISTER, VOL 40, NO. 53-TUESDAY, MARCH 18, 1975 12266 RULES AND REGULATIONS mines, in accordance with paragraph vening a hearing as required by § 164.- (a) of this section, that reconsideration 131; and of his prior order is warranted, he will (4) That the public interest requires- then publish notice in the FEDERAL REGIS- the granting of the requested use as TER setting forth his determination and soon as possible. briefly describing the basis for the deter- (b) Notice of any determination mination. Such notice shall announce made by the Administrator pursuant to that a formal public hearing will be held paragraph (a) of this section shall be in accordance with 5 U.S.C. section 554. published in the FEDERAL REGISTER as The notice shall specify: (1) the date on soon as practicable after granting the which the hearing will begin and end; requested use and shall set forth the (2) the issues of fact and law to be ad- basis for the Administrator's deter- judicated at the hearing, (3) the date mination. on which the presiding officer shall sub- [FR Doc.75-7080 Filed 3-17-75;8:45 am] mit his recommendations, including find- ings of fact and conclusions, to the Ad- ministrator, and (4) the date on which a decision by the Administrator is antic- ipated. § 164.132 Procedures governing hear- ing. (a) The burden of proof in the hearing convened pursuant to § 164.13' shall be on the applicant and he shall proceed first. The issues in the hearing shall be whether: (1) substantial new evidence exists and (2) such substantial new evi- dence requires reversal or modification of the existing cancellation or suspen- sion order. The determination of these issues shall be made taking into account the human and environmental risks found by the Administrator in his can- cellation or suspension determination and the cumulative effect of all past and present uses, including the requested use, and uses which may reasonably be an- ticipated to occur in the future as a result of granting the requested reversal or modification. The granting of a par- ticular petition for use may not in itself pose a significant risk to man or the en- vironment, but the cumulative impact of each additional use of the cancelled or suspended pesticide may re-establish. or serve to maintain, the significant risks previously found by the Administrator. (b) The presiding officer shall make recommendations, including findings of fact and conclusions and to the extent feasible, as determined by the presiding officer, the procedures at the hearing shall follow the Rules of Practice. set forth in Subparts A and B of this Part 164. § 164.133 Emergency waiver of hearing. (a) In the case of an app lication sub- Ject to this Subpart D which is filed under Section 18 of FIFRA, and regulations thereunder, and for which a hearing is required pursuant to $ 164.131, the Administrator may dispense with the re- quirement of convening such a hearing in any case in which he determines: (1) That the application presents a situation involving need to use the pes- ticide to prevent an unacceptable risk: (i) to human health, or (ii) to fish or wildlife populations when such use would not pose a human health hazard; and (2) That there is no other feasible solution to such risk; and (3) That the time available to avert the risk to human health or fish and wildlife is insufficient to permit con- FEDERAL REGISTER, VOL. 40, NO. 53-TUESDAY, MARCH 18, 1975 U.S. DEPARTMENT OF AGRICULTURE Date May 20, 1975 FROM: Executive Assistant to the Secretary TO : Norm Ross Room 218 Old Executive Office Building I am attaching herewith the proposed amendment to Executive Order 11643. It has been approved by Assistant Secretaries Long and Feltner. The Secretary has not had an opportunity to digest this yet, but suggested that I forward this to you immediately so Mr. Cannon will have the benefit of our thinking. If there are any changes suggested by Secretary Butz, I will call you. Even EVAN J. HALE Attachment 5-21 UNITED STATES DEPARTMENT OF AGRICULTURE ANIMAL AND PLANT HEALTH INSPECTION SERVICE WASHINGTON, D.C. 20250 Subject: Proposed Amended Executive Order 11643 May 19, 1975 To: Robert W. Long G Assistant Secretary for Conservation, Research, and Education Through: R. L. Feltner Assistant Secretary for Helth Marketing and Consumer Services Enclosed is the proposed amended Executive Order 11643, Environ- mental Safeguards on Activities for Animal Damage Control, as Related to Federal Lands, for Public Health, and Other Federal Programs. Please review for approval. The deadline for this document is noon tomorrow. Harry Mussman Harry C. Mussman Acting Administrator Enclosure Title :--The President EXECUTIVE ORDER 11643, AMENDED Environmental Safeguards On Activities For Animal Damage Control, as Related to Federal Lands, For Public Health, and Other Federal Programs By virtue of the authority vested in me as President of the United States and in furtherance of the purposes and policies of the Federal Insecti- cide, Fungicide, and Rodenticide Act of 1973, as amended (7 U.S.C. 136 et seq.); The National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.); The Endangered Species Conservation Act of 1969 (16 U.S.C. 668aa); and the Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426-426(b)); it is ordered as follows: Section 1. Policy. It is the policy of the Federal Government to (1) use pesticides on Federal lands and in Federal programs on other lands, for the purposes of public health and to control depredating mammals and birds, only in accordance with the provisions of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended; and (2) interpret and administer the policies, regulations, and public laws on the use of pesticides in control of such mammals or birds in accordance with the National Environmental Policy Act of 1969; and (3) monitor, evaluate, and control these activities for the protection and enhancement of the environment. All such mammal and bird control programs shall be conducted in accordance with a manner which contributes to the maintenance of environ- mental quality, and to the conservation and preservation of the Nation's resources, including wild and domestic animals, and agricultural and forest crops. Enclosure No. 1 - 2 - Section 2. Definitions. As used in this Order the term: (a) "Federal lands" means all real property owned by or leased to the Federal Government, excluding (1) lands administered by the Secretary of Interior pursuant to his trust responsibilities for Indian Affairs, and (2) real property located in metropolitan areas. (b) "Agencies" means the departments, agencies, and establishment of the Executive Branch of the Federal Government. (c) "Pesticides" means any substance or mixture of substances intended for preventing, destroying, repelling, or mitigating any mammal or bird pest. (d) "Depredating mammal or bird" means any mammal or bird which preys upon other animals, birds, or forest and agriculture crops. (e) "Public health purposes" means any control action of mammals or birds to reduce the menace of disease to humans, wild and domestic animals. Section 3. Restrictions on Use of Pesticides for Animal Damage Control. (a) Heads of agencies shall take such actions as is necessary to comply with all Federal policies, regulations and laws in the use of pesticides in control of depredating mammals or birds and for public health purposes on Federal lands and in Federal programs on other lands. (b) Heads of any Federal Agency, within their respective areas of responsibility, when in their judgment control of depredating mammals and birds, or protection of public health is inadequate and creating an - 3 - emergency, shall request the Administrator, Environmental Protection Agency, to grant emergency use of pesticides required to alleviate the emergency in accordance with Section 18, FIFRA, as amended. (c) Heads of Federal Agencies shall act in such manner to prevent the substantial irretrievable damage to nationally significant resources which include, but are not limited to, domesticated species, endangered or threatened wildlife species. Section 4. Rules for Implementation of Order: Heads of agencies shall issue such rules or regulations as may be necessary and appropriate to carry out the provisions and policy of this Order. Section 5. Amending of Previous Order: This Executive Order amends and supersedes Executive Order 11643 in its entirety. GREAT Suggested Presidential Message to Accompany Issuance of Amended Executive Order Executive Order 11643, entitled "Environmental Safeguards on Activities for Animal Damage Control on Federal Lands," was promulgated as of February 8, 1972. Without altering its basic purpose I have today amended this order for the following reasons: (1) Subsequent to Executive Order 11643, the Federal Environmental Pesticide Control Act (FEPCA) was enacted to amend the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This legislation now provides the Environmental Protection Agency (EPA) with authority to prevent the misuse of pesticides. (2) The Federal Government experience in control of depredating mammals and birds in the past three years, has shown that in many situations mechanical methods of control are effective in protecting wildlife, domestic livestock and poultry, and forest and agriculture crops from wild animal predation. But it has also shown that under numerous other circumstances and conditions mechanical means are ineffective. Enclosure No. 2 - 2 - (3) As a result of depredation in various parts of the country , losses of livestock, poultry and certain species, of wildlife have sometimes been excessive, causing economic hardship and depletion of valuable resources. (4) Since the issuance of Executive Order 11643, instances have occurred whereby wild mammals and birds have become a public health menace, such as with rabies. (5) Other wild mammal and bird depredations have occurred in both forest and agricultural crops requiring the use of pesticides. The Order redefines Federal policy to include provision for public health and depredations on crops to insure proper use of pesti- cides on Federal lands and in Federal programs on other lands when needed. Further, the revised Executive Order reduces delays in meeting emergency use of pesticides on Federal lands for public health and control of depredating animals, yet provides fundamental environmental protection of humans, wild and domestic animals. It is in the best interests of our nation to manage wild and domestic animal populations in an effort to maintain environmental quality as well as afford protection to humans and forest and agri- cultural crops. .A balanced program must be undertaken to achieve these purposes. Explanation of Modifications in Executive Order 11643 Title The new title should read "Environmental Safeguards on Activities for Animal Damage Control, as Related to Federal Lands, For Public Health, and Other Federal Programs." Legal Citations The following legal citations should be added: (a) The Act of March 2, 1931 (46 Stat. 1468; 7 U.S.C. 426 - 426(b). (b) The Federal Insecticide, Fungicide, and Rodenticide Act, as amended (7 U.S.C. 136 et seq.). The addition of these two statutes is necessary because both provide fundamental responsibilities for mammal and bird damage control and pesticide use. Policy New Section 1(1). Policy. The suggested changes are designed to achieve the basic objectives outlined in Enclosure No. 4, "Statement of Purpose and Intent." The existing language, except for the last sentence of the order, becomes unnecessary or contradictory to the intention of focusing on FIFRA. Enclosure No. 3 - 2 - New Section 1 (2) is intended to provide a balanced control of the mammal and bird species beyond provision of the FIFRA within existing legislation relating to environmental policy. New Section 1 (3) is intended to include provisions of existing Executive Orders relating to protection and enhancement of the environment, and. pollution at Federal facilities. Definitions New Section 2 (a) "Federal lands" remains the same, with the exception of excluding sub-section (2) "real property located in metropolitan areas." (b) "Agencies" remains same as in old order. (c) "Pesticides" replaces the term "chemical toxicants" to be consistent with the FIFRA and to avoid possible redefinition when and if the Toxic Substances Act is passed. (d) "Depredating mammal or bird" replaces the term "Predatory mammal or bird" to be consistent with the control of these species in forest and agricultural crops. (e) "Public health purposes" term is added to define its use in Section 1 (1). The terms "secondary poisoning" and "field use" are now irrelevant and are eliminated. - 3 - Restrictions on Use of Pesticides The existing Section 3 has been removed in its entirety to be consistent with provisions of the FIFRA, NEPA, and the Endangered Species Conservation Act, and the Act of March 2, 1931. However, the amended order provides that heads of agencies comply with existing policies, regulations and laws when pesticides are needed for animal damage control, and for their use under emergency provisions. Rules for Implementation of Order Section 4 should remain as is. Amending of Previous Order Section 5 is added to amend and supersede Executive Order 11643. Statement of Purpose and Intent The revisions in Executive Order 11643 are designed to insure proper and responsible use of pesticides for mammal and bird control through fundamental reliance upon the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, by the Federal Environmental Pesticide Control Act (FEPCA). FEPCA was enacted subsequent to the Executive Order and the amended FIFRA is the basic statute designed to prevent environmental abuse by misapplication of pesticides. It should, therefore, be the guiding legislation for pesticides used in animal damage control and for protection of public health. It should be noted that over 50,000 chemicals are registered under FIFRA, but, to our knowledge, the only ones singled out for prohibition by an Executive Order are three canceled predacides. It should be further noted that these same chemicals are still registered under FIFRA for use in controlling rodents in urban areas. Experience in the past three years has shown that some pesticides can be used with little, if any, hazard to the environment. This same experience has demonstrated that pesticides are essential under certain circumstances and may be necessary components of any balanced control program. It is intended that the modified order continue to have among its basic purposes the objective of conserving wildlife and domestic resources and environmental quality. Enclosure No. 4 Suggested Additional Directives of the President (1) The Secretary of Interior should be instructed to apply for registration of those pesticides which can be success- fully used in mammal and bird control under provisions of the FIFRA. He should also be instructed to begin screening those pesticides for which the Denver Wildlife Research Center has data for possible substitute pesticides in mammal and bird control. Candidate pesticides should be chosen and application for registration made with the Environmental Protection Agency (EPA). (2) The President should also direct the Administrator of EPA to give priority to expediting the regulatory procedures under FIFRA for the registration of pesticides for animal damage control. Enclosure No. 5 EXECUTIVE OFFICE OF THE PRESIDENT COUNCIL ON ENVIRONMENTAL QUALITY 722 JACKSON PLACE, N. W. WASHINGTON, D. C. 20006 May 14, 1975 MEMORANDUM FOR NORM ROSS DOMESTIC COUNCIL SUBJECT: Predator Control Yesterday I received the recommendations on predator control submitted by the Wool Growers. This memorandum represents both my response to the Wool Growers' presentation and my views on the issue discussed with the President. My understanding was that the purpose of the meeting with the President was to provide the representatives of the Wool Growers and their associates an opportunity to express their views. Consequently, I did not express my own views; neither did the others present who did not subscribe to the Wool Growers' views. There are clearly two sides to this issue, and I believe it would be a serious mistake if a decision for a change in present policy were to be reached when only one side has been heard. Opposition to the use of poisons on public lands comes from a very broad cross section of the American public. It is not limited to the environmental groups or any other single segment. Illustrative of this, EPA informs me that the week that Administrator Train announced the experi- mental program, for testing Sodium Cyanide in the M-44 mechanism, they received some 6,000 telegrams and 4,000 letters, about 99% in protest of the action. Consequently, I would strongly urge that before there is any change in the Executive Order or current policy on predator control poisons, the President should meet with -2- representatives of the important part of his constituency which does not wish to see any relaxation of the poison ban. Mr. Quinn's letter transmitting the Wool Growers recommendations states that he is acting "on behalf of the National Wool Growers Association and the other organizations represented at last week's conference." However, my staff has been in contact with Mr. Robert Jantzen, who represented the International Association of Game, Fish and Conservation Commissioners at the meet- ing with the President. As Mr. Jantzen has written, the Association is preparing a separate recommendation. At least in the draft form available to us, this recom- mendation is quite different from that of the Wool Growers'. The basic thrust of the Wool Growers recommendations is to rescind the existing Executive Order. That is the effect of their proposed modified executive order and it would be immediately perceived as such by the public. I very strongly advise against this procedure for the reasons outlined below. I am not commenting in detail on the specifics of the Wool Growers submissions since they are all directly related to effectively rescinding the Executive Order. I am also not going into detail on the history or nature of the predator control program and problem. I understand that the Department of the Interior is preparing you a background briefing paper which accom- plishes that. You also have the Predator Control section from our last Annual Report. The basic issue is one of a drastically declining sheep industry. Since about 1940, the industry has been in a virtually constant decline. The periods of greatest decline have accompanied the period of greatest use of poisons in predator control. Further, the decline in the industry has been roughly equivalent both in the 17 Western states where coyotes are a problem and in the 31 other sheep raising states where they are not. This situation continues. Currently the total losses of livestock in the other 31 are actually slightly greater than those in the 17 states which -3- have coyotes. There is no question but that the sheep industry is in serious trouble, but there is equally no question but that coyote predation is not the main prob- lem. It is, however, a convenient target for the frus- trations of the Western wool growers. The predator control program currently being used, most with nontoxic methods, is killing as many coyotes on an annual basis as were killed on an average during the decade prior to the poison ban. In view of the methods used, this effort is probably providing more overall pro- tection to the wool growers, since the nontoxic methods are generally more selective for the coyotes which are causing the actual trouble, than was the broad scale use of toxicants. Since the poison ban, predation is up in some areas and down in others. From the information available to us (from USDA, USDI, EPA, etc.) there is no substantiation that overall predation has significantly increased since the poison ban. The Wool Growers recommendations include reference to the need to use poisons for predator control to protect wild- life. However, as Mr. Jantzen pointed out in the meeting with the President, predation is not a major wildlife problem. The wildlife profession itself has come out strongly in opposition to poisons in predator control. At the 1973 North American Wildlife and Natural Resources Conference, the proposed new North American Wildlife Policy was presented. This was the result of year's study by a very distinguished group of top wildlife professionals, including representation from the International Association. In terms of poisons for predator control, the Wildlife Policy stated: "Poisoning should be outlawed except for emergency use by qualified personnel." Citizen opposition to the use of poisons in predator con- trol is based on several factors. One is the abhorrence of what is perceived as the cruelty involved. Another is the potential damage to nontargeted animals (including birds) and to the ecosystem as a whole. A further factor involves the predators themselves. Citizens place a high -4- social value on predators and resent their destruction. Livestock grazing on public lands is seen by much of the public as one privileged use of such lands. There is growing opposition when this use further impacts other public use and enjoyment of those lands, particularly through the use of poisons for predator control with its real or believed impact on the predators, other wildlife, and ecosystems of the public lands. Those of the public who are better acquainted with the situation realize that predators are not what is causing the decline of the sheep industry, and that in most cases poisons are of questionable benefit at best. This com- bination of considerations of morality with other factors creates strong opposition to poisons from a very broad spectrum of the nation's public. Given these factors, recognizing that predation is not the basic problem of the sheep industry, and that poisons, even with unlimited use, have never solved the industry's problems, it is clear to me that rescinding the Executive Order would be strongly counterproductive. Another option would be to suspend or amend the Executive Order to allow use of the M-44 under certain circumstances. I would advise against this procedure also. The M-44 is currently in wide use under the EPA experi- mental program and under the USDI emergency uses. The Wool Growers have repeatedly emphasized that the M-44 is not effective. We know that the M-44 certainly has limi- tations on its effectiveness, and alone is not the answer. Consequently, amending the Order to allow the M-44 will at most buy a few months time. It will appear to be a step in the direction of helping the Wool Growers, but will create real problems with the rest of the public. The Wool Growers in short order will come back saying that the M-44 does not work and that we must go to 1080 or other poisons. Having set the precedent of allowing poisons on public lands, it will then be politically vastly more difficult to hold the line. Therefore, there is little, -5- even temporary, to be gained from amending the Order to allow the M-44 and a great deal to be lost. In my judg- ment it will create a worse problem in the long run (long being perhaps less than six months after whatever action is taken). The time element is a further factor to be considered if any change is contemplated. If control of poisons is shifted entirely to EPA (through amendment or recision of the Executive Order), the administrative procedures will require many months. If this procedure involves an envi- ronmental impact statement and public hearings, the time would be extended, possibly late into 1976. Such delays would only create further frustration on the part of the Wool Growers, while doing nothing to molify the rest of the public. My advice, then, is: (1) leave the Executive Order in place; (2) assure that the emergency provisions of the Executive Order operate smoothly; (3) accelerate research on the toxic collar and on other methods of predator con- trol; and (4) identify the real factors affecting the sheep industry and determine Federal policy accordingly. I will be pleased to amplify these comments or provide any additional information. Russ Russell W. Peterson Chairman 9:00 AM - Cayote Control Meeting Senator McClure's office Sen. Fanner, Hansen, Laxaylt , Art Quinn 7, and 2 Associates JMC. 460 OSOB Hursday, May 22, 1975 who wrote Twi label We Uum .) Two transact types of a) Dreugroun At. Relectarity - - PA Down in Hand their of 3 year adv and term you your tay g ev not street THE varly only want 1 it That why b) M-VU- - - for guere Livertoch are - my THE WHITE HOUSE WASHINGTON May 27, 1975 MEMORANDUM FOR: JIM CANNON FROM: DOUG COSTLE Dul SUBJECT: Coyote Predation; Wool Growers' Proposal to Amend Executive Order 11643 After reviewing the EPA, CEQ and Interior positions on the Wool Growers' proposal, I think that our principal objective should be to move this out of the White House, if possible. As long as it is here, it represents a no-win proposition for the President. The situation basically comes down to this: 1. The evidence for and against the use of chemicals for predator control is inconclusive. Both sides make strong arguments on the basis of available data. The available data is simply not definitive. 2. Interior, CEQ and EPA are unanimously opposed to alteration of the Executive Order or putting the President in the position of "over promising" to the Wool Growers. 3. Amending the Executive Order will not, by itself, advance the cause of the Wool Growers, but will bring down the wrath of the organized environmental community (not just the nuts, either). Specifically, even were the Executive Order to be amended, the use of 1080, strychnine, and cyanide (sodium or potassium) compounds would have to be licensed in separate proceedings by EPA under recently amended pesticides laws. The existence of the Federal Executive Order does not affect this requirement either way. - 2 - Under EPA adopted rules, 1080 or strychnine, having already been suspended once, can only be registered again upon a showing of substantial new evidence--evidence not shown to date. The use of sodium or potassium cyanide would also require EPA licensing although the probability of a favorable ruling is higher in the case of these compounds. If EPA were to license these compounds, then the Executive Order would have to be amended or it would act as a separate bar to the use of these compounds on Federal lands. 4. Interior is of the opinion that an environmental impact statement would have to be prepared before any of these compounds could be used on Federal lands (even if the Executive Order were to be dropped or amended). If they began preparing that statement now, it would be 2-4 months before a high quality draft would be ready, and 6-8 months before a final environmental impact statement could be published. 5. In an attempt to gather the necessary information for eventual licensing of cyanide compounds, EPA has issued permits for an experimental program in the use of the M-44 device. Early results look promising. Some of these experimental studies will be concluded within a matter of 3-4 months. Accord- ing to EPA, the analysis of this data could be accelerated. In short, even if the President wished to move decisively, there appears to be no "quick fix" available to him under existing laws. RECOMMENDATIONS 1. That the President defer amending or dropping the Executive Order until after EPA's evaluation of the use of cyanide compounds is completed. The President will gain nothing and lose a great deal by amending the Executive Order. He will not advance the Wool Growers' cause thereby, and he will make the environ- mentalists mad. He will also appear to be prejudging - 3 - EPA study results before they are in and the findings of any legally prescribed formal hearings before they are held. 2. That you instruct EPA to accelerate to the maxi- mum extent feasible the collection and analysis of data on the use of M-44. Simultaneously, instruct Interior to begin work on a draft, contingency environmental impact statement involving the use of cyanide compounds. 3. That you direct Interior to accelerate its program of research into both chemical and non-chemical alternatives (I understand that Interior has been hesitant in getting too deeply into the question of chemical alternatives). 4. That the President's new science adviser be asked to independently evaluate the available scientific data on the environmental and health effects of 1080, strychnine and any other relevant chemicals for use in predator control and assess the signifi- cance of predator control to the economic viability of the industry. This study could provide a valuable input to any EPA hearing. 5. That Russell Train work directly with the Wool Growers and clearly indicate that we understand and are sympathetic with the Wool Growers' problems and that EPA will work with them to re-evaluate the evidence on both sides of this question. I think it is important that the Wool Growers under- stand that we are sympathetic to their problems. They, in turn, must understand that no "instant resolution" is available to the President, for legal as well as political reasons. 6. That you and Secretary Butz sit down personally with Train, Peterson and Hughes (from Interior) to hear their arguments, both on the merits and on the politics. 7. That you afford a selected responsible environmental group an opportunity to meet with you. This will avoid criticism from the environmentalists that the White House has listened to only one side of this issue. (Reference earlier correspondence from Audubon Society, et al). - 4 - As you know, I am holding several pieces of corres- pondence on this. If you concur in the above recommendations we can move things along fairly quickly. Concur Do Not Concur See Me DRAFT THE WHITE HOUSE WASHINGTON May 29, 1975 MEMORANDUM FOR THE PRESIDENT FROM: JAMES M. CANNON SUBJECT: Coyote Predation; Wool Growers' Proposal to Amend Executive Order 11643 -- For Your Information We have reviewed the coyote control question in detail with all parties involved, including the Wool Growers. We feel that it would be inadvisable to amend Executive Order 11643 at this time because, under recently amended laws, formal EPA hearings, findings, etc. are required before such an executive action by you can effectively change the situation. I propose to take the following steps to help solve this problem. 1. Russ Train will work with the Wool Growers to re-evaluate the evidence on both sides of this question. It will be explained to the Wool Growers that no "instant resolution" is available to the President, for legal reasons. 2. EPA will accelerate to the maximum extent practicable the collection and analysis of data on the use of cyanide compounds for control. This is the most promising solution. 3. I will ask the new Science Adviser (or the National Academy of Sciences) to independently evaluate the available scientific data on the environmental and health effects of all alternatives for use in predator control and to assess the significance of predator control to the economic viability of the industry. 4. I will ask Interior to accelerate their research into both chemical and non-chemical predator control alternatives and to begin work on a draft environmental impact state- ment involving the use of cyanide compounds. A more detailed memorandum from a member of my staff is attached at Tab A. Agree Disagree See me THE WHITE HOUSE WASHINGTON May 27, 1975 MEMORANDUM FOR: JIM CANNON FROM: DOUG COSTLE Dul SUBJECT: Coyote Predation; Wool Growers' Proposal to Amend Executive Order 11643 After reviewing the EPA, CEQ and Interior positions on the Wool Growers' proposal, I think that our principal objective should be to move this out of the White House, if possible. As long as it is here, it represents a no-win proposition for the President. The situation basically comes down to this: 1. The evidence for and against the use of chemicals for predator control is inconclusive. Both sides make strong arguments on the basis of available data. The available data is simply not definitive. 2. Interior, CEQ and EPA are unanimously opposed to alteration of the Executive Order or putting the President in the position of "over promising" to the Wool Growers. 3. Amending the Executive Order will not, by itself, advance the cause of the Wool Growers, but will bring down the wrath of the organized environmental community (not just the nuts, either). Specifically, even were the Executive Order to be amended, the use of 1080, strychnine, and cyanide (sodium or potassium) compounds would have to be licensed in separate proceedings by EPA under recently amended pesticides laws. The existence of the Federal Executive Order does not affect this requirement either way. - 2 - Under EPA adopted rules, 1080 or strychnine, having already been suspended once, can only be registered again upon a showing of substantial new evidence--evidence not shown to date. The use of sodium or potassium cyanide would also require EPA licensing although the probability of a favorable ruling is higher in the case of these compounds. If EPA were to license these compounds, then the Executive Order would have to be amended or it would act as a separate bar to the use of these compounds on Federal lands. 4. Interior is of the opinion that an environmental impact statement would have to be prepared before any of these compounds could be used on Federal lands (even if the Executive Order were to be dropped or amended). If they began preparing that statement now, it would be 2-4 months before a high quality draft would be ready, and 6-8 months before a final environmental impact statement could be published. 5. In an attempt to gather the necessary information for eventual licensing of cyanide compounds, EPA has issued permits for an experimental program in the use of the M-44 device. Early results look promising. Some of these experimental studies will be concluded within a matter of 3-4 months. Accord- ing to EPA, the analysis of this data could be accelerated. In short, even if the President wished to move decisively, there appears to be no "quick fix" available to him under existing laws. RECOMMENDATIONS 1. That the President defer amending or dropping the Executive Order until after EPA's evaluation of the use of cyanide compounds is completed. The President will gain nothing and lose a great deal by amending the Executive Order. He will not advance the Wool Growers' cause thereby, and he will make the environ- mentalists mad. He will also appear to be prejudging - 3 - EPA study results before they are in and the findings of any legally prescribed formal hearings before they are held. 2. That you instruct EPA to accelerate to the maxi- mum extent feasible the collection and analysis of data on the use of M-44. Simultaneously, instruct Interior to begin work on a draft, contingency environmental impact statement involving the use of cyanide compounds. 3. That you direct Interior to accelerate its program of research into both chemical and non-chemical alternatives (I understand that Interior has been hesitant in getting too deeply into the question of chemical alternatives). 4. That the President's new science adviser be asked to independently evaluate the available scientific data on the environmental and health effects of 1080, strychnine and any other relevant chemicals for use in predator control and assess the signifi- cance of predator control to the economic viability of the industry. This study could provide a valuable input to any EPA hearing. 5. That Russell Train work directly with the Wool Growers and clearly indicate that we understand and are sympathetic with the Wool Growers' problems and that EPA will work with them to re-evaluate the evidence on both sides of this question. I think it is important that the Wool Growers under- stand that we are sympathetic to their problems. They, in turn, must understand that no "instant resolution" is available to the President, for legal as well as political reasons. 6. That you and Secretary Butz sit down personally with Train, Peterson and Hughes (from Interior) to hear their arguments, both on the merits and on the politics. 7. That you afford a selected responsible environmental group an opportunity to meet with you. This will avoid criticism from the environmentalists that the White House has listened to only one side of this issue. (Reference earlier correspondence from Audubon Society, et al). - 4 - As you know, I am holding several pieces of corres- pondence on this. If you concur in the above recommendations we can move things along fairly quickly. Concur Do Not Concur See Me DOMESTIC COUNCIL CLEARANCE SHEET Drd DATE: May 29, 1975 hots Discuss JMC action required by: TO: JIM CANNON VIA: DICK DUNHAM RD JIM CAVANAUGH FROM: DOUG COSTLE SUBJECT: Coyote Predation; Wool Growers' Proposal to Amend Executive Order 11643 COMMENTS: hase my you handle D. suggestriasty DATE: 6/5/75 RETURN TO: Material Signed has been: and forwarded Changed and signed (copy attached) for accussion further Returned per our conversation Noted Jim Cannon