Debra Edwards, Ph.D., Director

Office of Prevention, Pesticides & Toxic Substances

U.S. Environmental Protection Agency

Washington, DC 20460

Re: Fourth Addendum to Sinapu et al.’s Petition to Ban Sodium Cyanide
(M-44) and Sodium Flouroacetate (Livestock Protection Collars)

Dear Dr. Edwards:

This week we received a significant new document from the Environmental
Protection Agency (EPA) in response to our Freedom of Information Act
request.  We hope that EPA decision makers will carefully consider the
attached notice of warning letter as part of its deliberations on the
above-captioned petition. 

On March 2008, the EPA dispatched a notice of warning letter to
USDA-Wildlife Services because the federal predator-killing agency had
failed to properly place M-44s sodium-cyanide ejecting devices in
accordance with the Federal Fungicide, Insectide, and Rodenticide
Act’s (FIFRA) 26 use restrictions for M-44s.  

As a result of Wildlife Services’ negligence, Sam Pollock (a U.S. Fish
and Wildlife Service biologist), who was rabbit hunting on federal
public lands with his dog, Jenna, was exposed to sodium cyanide after
Jenna had asphyxiated and died.  Apparently, Jenna triggered an unmarked
M-44 device.  According to Mr. Pollock, the device was placed on public
roadway under a powerline in an area known as Brough Reservoir.  Mr.
Pollock witnessed Jenna gagging, frothing, and vomiting and saw the
spent M-44.  Jenna died in Mr. Pollock’s arms approximately 90 seconds
later.  Mr. Pollock hoisted Jenna over his shoulder and carried her
carcass for two miles back to his truck.  Soon after, Mr. Pollock
reported that he felt faint and noticed a metallic taste in his mouth. 
Jenna was buried in Mr. Pollock’s back yard.

On behalf of the EPA, the Utah Department of Agriculture and Food
investigated this incident—one month later.  The state inspector went
to the Brough Reservoir without Mr. Pollock’s aid.  Therefore, the
state agent could not know the precise location where Jenna was killed. 
Yet, he was able to take photographs, and one allegedly showed that the
device had been placed on the road, and had been marked—something Mr.
Pollock adamantly disputes.  Utah Department of Agriculture erroneously
determined, despite its own photographic evidence, that the device was
not on a roadway.  The EPA’s March 2008 letter, rightfully disputes
this finding.  The notice of warning also found that Wildlife Services
had recklessly placed the M-44 device in a pubic recreation area in
violation of FIFRA. 

As we have documented as part of this administrative process, this type
of negligence seems to be a pattern and practice for Wildlife Services. 
These devices are unnecessary to protect livestock and yet they pose
imminent harm to people, their pets, and to a whole host of species. 
Therefore, we urge you to ban sodium cyanide (and Compound 1080) as a
means to kill native carnivores.  

Sincerely yours, 

                                   	 

Wendy Keefover-Ring, Director		

Carnivore Protection 				

WildEarth Guardians			

1911-11th Street, Ste. 103			

Boulder, CO 80302				

303.447.8655, Ext. 1#				

wendy@wildearthguardians.org		

 In January 2008, Sinapu and Forest Guardians joined forces to become
WildEarth Guardians.

	May 29, 2008

