October 25, 2012

MEMO TO FILE

SUBJECT: Conclusions Regarding the Pre-Biological Opinion Registration
of Kaput-D® Prairie Dog Bait for Use on Black-Tailed Prairie Dogs

The purpose of this memorandum is to document EPA’s conclusion that
the issuance of a time-limited new use registration for Kaput-D®
Prairie Dog Bait (to control Black-tailed Prairie Dogs (BTPD); hereafter
referred to as Kaput), prior to the completion of consultation with the
U.S. Fish and Wildlife Service (FWS), is not likely to jeopardize the
continued existence of any federally-listed endangered or threatened
species, or result in the destruction or adverse modification of
critical habitat of such species.  This restricted use product is a bait
that contains the active ingredient diphacinone, which must be applied
by hand or mechanically on rangeland and adjacent non-crop areas at
least 6” into active BTPD burrows.  No bait is to be placed on or
above ground level. The product label restricts use to the 10 states of
CO, KS, NE, NM, ND, SD, WY, TX, MT and OK.  

Given the FWS April 9, 2012 “no jeopardy” Biological Opinion (BiOp)
for Rozol Prairie Dog Bait (a similar anticoagulant rodenticide
containing the active ingredient chlorphacinone; hereafter referred to
as Rozol) ( HYPERLINK "http://epa.gov/espp/2012/borozol-final.pdf"
http://epa.gov/espp/2012/borozol-final.pdf ) and the agreement of the
applicant for Kaput to implement all of the conservation measures and
Reasonable and Prudent Measures (RPMs) specified in the Rozol BiOp for
Kaput, no impacts of concern are expected to occur for Kaput during the
period when consultation is occurring for this new product.  As
described in the Environmental Fate and Effects Division’s Ecological
Risk Assessment for the Section 3 new use registration of diphacinone on
BTPDs (EPA, 2012), Kaput has a similar exposure and ecotoxicity profile
to Rozol, and the area of potential use for the two rodenticides is
identical, given that they are both applied by the same method for use
only on BTPDs during the same use season (October 1 to March 15) in the
same 10 state area within the range of BTPDs.  Therefore, the listed
species that may be exposed to Kaput are also identical to those exposed
to Rozol.  Given that the exposure and toxicity profiles of Rozol and
Kaput are similar, the conservation measures and RPMs identified for
Rozol should also be protective of endangered species if implemented on
the Kaput label.  In addition, the labels for both Rozol and Kaput
stipulate that other anticoagulant rodenticides cannot be used if
applying either of these products; therefore, there is no potential for
additive exposure.  As such, the registration of Kaput is not expected
to increase, change the route of, or otherwise significantly alter
non-target organisms’ exposure to anticoagulant rodenticides.  

As an additional safeguard, the Kaput product will be registered on a
time-limited basis, such that the registration will only authorize sale
and distribution of the product for the 2012-2013 use season.  The
consultation process with FWS for Kaput began on October 25, 2012,
concurrent with registration of the produce, and is currently expected
to be completed prior to December 10, 2012.  

U.S. Environmental Protection Agency (EPA).  2012.  Ecological Risk
Assessment for the Section 3 New Use Registration of Diphacinone (PC
067701) For Use on Black-tailed Prairie Dogs (Cynomys ludovicianus).
Office of Pesticide Programs.  Environmental Fate and Effects Division. 
June 28, 2012.

OFFICE OF CHEMICAL SAFETY

AND POLLUTION PREVENTION

UNITED STATES ENVIRONMENTAL PROTECTION AGENCY

WASHINGTON, D.C.  20460

