Hog Pesticide 2019 Update

Brief Outline:

  1. Brief History of Kaput in Texas
  2. Scimetrics’ Only Available Study of Kaput
  3. EPA Label Changes
  4. Scimetrics/Genesis Labs Independent Testing
  5. Recent “Studies” – Texas Tech and Mississippi State University
  6. Pounds of Warfarin
  7. Cost of Warfarin
  8. Secondary Poisoning Risks with Warfarin and Non-Target Species
  9. Legal Ramifications
  10. Blue Cows
  11. Sodium Nitrite
  12. Summary

Annotated Outline:

1. Brief History of Kaput in Texas

  • Kaput was registered in Texas for a short period of time. Kaput is now not registered and the Texas Legislature decided to limit the Texas Department of Agriculture’s ability to unilaterally register Kaput.

2.  Scimetrics’ only available study of Kaput

  • Scimetrics (the manufacturer of Kaput) has only released one study available to the public, regarding the use of Kaput on feral hogs. This study showed a 7.9% effective rate, when comparing the number of hogs at the beginning of the study to hog carcasses collected at the conclusion of the study.

3.  EPA Label Changes

  • Scimetrics has convinced the EPA to remove some cautionary language on the Kaput product label. However, reasoning for these label changes has not been provided. EPA has before it a petition to reverse its decision.

4.  Scimetrics/Genesis Labs Independent Testing

  • Genesis Labs provides the supposedly independent testing for Scimetrics. Linda Poche and Richard Poche are married. According to Richard Poche’s testimony, Linda Poche owns Scimetrics Labs; Richard Poche gets paid from Scimetrics. Richard Poche owns 51% of Genesis Labs while Linda Poche owns 49% of Genesis Labs. Both facilities are on the same property.

5.  New Studies – Texas Tech and Mississippi State University

  • Texas Tech: Scimetrics commissioned Texas Tech University to study the visible blue dye used in Kaput. Only 3 pages out of the 111 page study have been made public and, according to the study authors, the study was not performed with “Good Laboratory Practices.”
  • Mississippi State University: Scimetrics commissioned Mississippi State University to study the “humaneness” of using Kaput to kill feral hogs. The study found only a 33% mortality rate even when feeding Kaput to feral hogs in pens. Although Mississippi State University did not see negative humaneness issues, they specifically mentioned that a larger study would be the next step to determine real-world results.

Note: Although Mississippi State did not find a humaneness issues, Australia banned its use in 2010 because of the extreme cruelty of the multi-day bleeding-out process caused by warfarin and potential harm to other wildlife.

6.  Pounds of Warfarin

  • There are not currently enough available pounds of Kaput to make a dent in the feral hog population.

7.  Cost of Warfarin

  • Although Scimetrics has not disclosed the cost of Kaput in writing, at public presentations they have stated it costs $168 for 25 lbs, or $6.72/lb. Using data from Scimetrics 2015 study, in addition to a cheap feeder option, this equates to $1,140.39 to kill one hog.

8.  Secondary Poisoning Risks with Warfarin and Non-Target Species

  • The secondary poisoning risks have not been analyzed by any independent organization. Genesis Labs purportedly provided the “independent analysis” although Genesis Labs and Scimetrics are literally owned by a husband/wife. Genesis Labs has provided data on the following non-target species: quail, alligators, prairie dogs, ducks, magpies, chicken and cattle. Texas has 165 species of mammals and 590 species of birds; more non-target species data is necessary. Even Mr. Poche testified in his deposition that the effects of warfarin can vary substantially among species, and the overwhelming majority of species have not been tested.

9.  Legal Ramifications

  • If Kaput does become registered in the State of Texas, and a hog ingests Kaput and dies on a neighbor’s property, there is a high probability of potential lawsuits, specifically relating to trespass and nuisance.

10.  Blue Cows

  • Richard Poche (Scimetrics representative) has stated that the blue dye in Kaput would likely show up in cattle that ingested Kaput—but that Scimetrics had done no testing on cows. That creates the “blue cow” scenario that so many Texas ranchers are concerned about—blue meat showing up at a slaughterhouse, and causing potentially devastating publicity for the beef industry, akin to the “mad-cow disease” scare a few years ago.

11.  Sodium Nitrite

  • Sodium Nitrite is another potential poison for feral hogs. It is still being tested. Although there have been some setbacks with bird deaths, the disclosure of negative issues related to Sodium Nitrite is very unlike the experience with Scimetrics/Kaput.

Full Analysis:

Brief History of Kaput in Texas

Scimetrics, Ltd. (a Colorado entity) created a pesticide called Kaput, which utilizes a specific concentration of warfarin (a blood thinner) in an effort to poison feral hogs. In 2016, the EPA registered Kaput as a pesticide. (That registration is still subject to a pending legal challenge.) However, once the EPA approves a pesticide, each state then has to also approve the pesticide, before it can be used within that states’ boundaries.

Scimetrics submitted the paperwork to obtain Kaput’s approval in Texas, and Texas Department of Agriculture initially approved Kaput’s use in Texas.   Many stakeholders ranging from hunters, environmentalists, ranchers, farmers, meat processors, veterinarians, legislators, etc. had immediate concerns about the use of Kaput and a lawsuit was filed regarding its’ use. A judge in Austin granted a temporary injunction to prevent the use of Kaput.

During this time several Texas Legislators requested that Scimetrics provide independent studies on Kaput, to make sure it was safe for other animals, humane for killing feral hogs, safe for water, could be applied effectively, etc. The only study that Scimetrics released was one that they had performed themselves in northern Texas.

Because of the many problems with the use of warfarin-based poisons on feral hogs—and the massive public opposition from ranchers, farmers, hunters, wildlife rescue, the Texas Veterinary Medical Association, and many others—in 2017 the 85th Texas Legislature included a rider in the appropriations bill that stated “Appropriation Restriction on Feral Hog Abatement Using Toxic Substances. None of the funds appropriated to the Department of Agriculture in this Act may be used for the implementation of warfarin on feral hogs.” This effectively prevented the Texas Department of Agriculture from using any of its budget on the use of warfarin on feral hogs. In April 2017, Scimetrics withdrew Kaput’s registration in Texas.

Scimetrics also attempted to register Kaput in Oklahoma, Louisiana, and Arkansas. In those states as well, the registration was either not granted, or granted and then shortly revoked. Currently, Kaput is not registered in any state.

In 2018, Scimetrics commissioned very limited studies with two universities to study certain aspects of Kaput. Those incomplete, partial studies provide too little information to be useful.

In 2018, Scimetrics representatives again lobbied the Texas legislature to remove the appropriations rider (discussed above) and presented some updates and portions of their studies. However, Scimetrics was unsuccessful and the 86th Texas Legislature again included the rider in the appropriations budget, prohibiting the Texas Agriculture Department from approving the use of warfarin on feral hogs.

The Only Available Scimetrics Study on Kaput

In 2015, Scimetrics conducted its own, family-controlled study titled “Field Efficacy of Kaput Feral Hog Bait for Controlling Feral Hogs (Sus scrofa) in Texas.” The study was conducted between April 9, 2015 and May 30, 2015 in Briscoe, Motley, and Floyd counties in Texas. Scimetrics placed game cameras (cameras that take pictures using motion detection) near 93 feeding stations. The feeding stations were filled with Kaput between May 1-May 30, 2015. Scimetrics stated that before Kaput was placed in the feeders, 354 individual hogs were observed. At the conclusion of the study, Scimetrics located 28 feral hog carcasses; this would equate to a 7.9% successful kill ratio. However, Scimetrics claimed that they achieved a 97% success rate because they saw very few hogs on the game cameras at the end of the study period. The test tract with the Kaput formula had no meaningful fence security or perimeter controls. The arrangement even allowed hunters who drove along the roads to enter the property and shoot several hogs (and also shoot coyotes). Hunting of hogs during a test disrupts and changes feral-hog travel patterns. Thus, reliable results on efficacy (e.g., through trail cameras) were not available. The study controls were so deficient that tagged hogs with collars escaped, sometimes in injured condition.

There are several factors to consider here regarding Scimetrics’ study and conclusions:

  • Absence of hogs from a test area cannot be assumed to mean that these hogs died from Kaput.
    • Feral hogs travel 5-20 miles/day;
    • Feral hogs have a home range between 5,000-70,000 acres
  • 93 feeders resulted in 28 hog deaths over the course of 60 days
  • May 2015 had 10.8 inches of precipitation; the normal is 2.99 inches. This is important because many of the feeders were placed in river bottoms. Feral Hogs will not typically eat at feeders that are covered in water.
  • Of the 28 hog carcasses that were recovered, only 23 livers could be examined because the other 5 were so badly damaged that they could not be collected – this brings up secondary poisoning issues, discussed below.
  • Specifically relating to the amount of Kaput used, it took 1,706 pounds of Kaput to kill 28 feral hogs
  • As it relates to spillage:
    • Treatment Plot 1. 418.0 kg of 0.005% warfarin bait was provided to Treatment 1 Plot. The test substance consumption was 150.0 kg. The study states that there was only 0.4663 kg of spillage.
      • So what happened to the other 53 kg of bait? It was likely eaten by non-target species.
    • Treatment Plot 2. 356.6 kg of 0.01% warfarin bait was provided to Treatment 2 Plot. The test substance consumption was 78.3 kg. The study states that there was only 0.2101 kg of spillage.
      • That leaves 51 kg of warfarin bait unaccounted for. This was likely eaten by non-target species.
    • Secondary poisoning risks were not studied.
      • The study claims that no non-target wildlife poisoned carcasses were found. But many non-target wildlife roam and may have traveled away from the treatment area. All avian scavengers—vultures, eagles, caracaras, hawks, etc.—simply fly away, until they become too sick to fly.
    • The study was not peer-reviewed or given any independent analysis.
    • The product with a higher warfarin concentration (0.01% as compared to 0.005%) actually had a lower success rate.
    • Data showing that there was a “dramatic decrease in bait consumption” does not mean that the decrease was the result of the efficacy of the poison.
      • Treatment Plot 1. Mean weekly bait consumption was 167.9 kg, 37.5 kg, and 5.6 kg for the pre-treatment, treatment, and post-treatment periods, respectively.
      • Treatment Plot 2. Mean weekly bait consumption was 129.9 kg, 19.6 kg, and 7.3 kg for the pre-treatment, treatment, and post-treatment periods, respectively.
      • Many other studies have shown that feral hogs do not like to eat from the same place over and over, and that feral hogs travel from 5 to 20 miles a day. Thus, the decrease in in bait consumption could be the result of the nomadic nature of hogs, dislike of the bait, flooding or climatological input, or other unlisted stimuli.
    • The study admits that large percentage of poisoned hogs were killed by hunters, not from the poison.
      • Treatment Plot 2. Study shows that 8 of the 24 poisoned hogs that were outfitted with VHF (radio) ear tags were killed by hunters or had VHF tags fall off.
      • Study states that only 1 of the 8 hogs killed by hunters showed signs of the blue dye.
      • Control plot. 5 of the 11 tagged hogs in the control plot were killed by hunters or had their VHF tags fall off.
      • When questioned directly about the efficacy numbers contained in his 2015 study, as concerns where were all the unaccounted for hogs, Mr. Poche responded simply, “Well…they died.” We asked where are they? He didn’t know. So, he didn’t know where they were, but he just assumed they died? Hundreds of them? Just to increase his efficacy numbers?

In 2019, Scimetrics has been giving presentations to certain stakeholders regarding updates on Kaput. In one such presentation, the following slide was produced:

It is important to look at the 2015 Radio Telemetry numbers (because the 2015 study is the only one that has been provided).

  • Treatment Plot 2. Study shows that 8 of the 24 poisoned hogs that were outfitted with VHF ear tags were killed by hunters or had VHF tags fall off.

How can Scimetrics claim 100% Efficacy if at least 1/3 of the hogs with radio tags were either shot or lost their ear tags? They can’t. But they did. If a bullet kills a hog, Scimetrics can’t claim that poison killed that hog. But they did. If a hog loses a radio tag, how could Scimetrics confirm that it died? Who knows, but they did.

It is also important to note that in the 2016 study (which has not been provided) according to the above table, there is no category for radio telemetry. However, at least one hunter near the study area shot several hogs with radio tags. Why would Scimetrics not disclose this in their summary table?

Label Changes – EPA

A.  Feeder Lid – increased from 0 pounds to 17 pounds

  • TPWD has found raccoons can lift up to 28 pounds
  • There is no reasoning given for the 17 pound lid change

B.  No burial requirement for poisoned hog carcasses

  • This will very likely increase secondary poisoning risks
  • There could be dead hog carcasses on land where livestock, dogs, or humans are—and hogs can travel 5 to 20 miles per day

C. There is no requirement to post signs that Kaput is being used on ranches/farms

  • This equates to applying a poison that is designed to kill large mammals, without any notice to nearby property owners
  • A hog could get poisoned, travel to another persons’ land, and die there. Hogs can easily pass through most fences.
  • That will likely lead to lawsuits as dead hogs end up on neighbors’ lands.

Scimetrics/Genesis Labs – “Independent Testing”

Scimetrics is the producer of Kaput. Genesis Labs performs the supposedly “independent testing” for Scimetrics. Genesis Labs is referenced in all of Scimetrics studies, including the one performed by Mississippi State University. But according to Richard Poche’s sworn testimony:

  • Richard Poche and Linda Poche are husband and wife.
  • The sole owner of Scimetrics is Linda Poche.
  • Richard Poche is on the board of Scimetrics, receives a salary from Scimetrics, and makes sales presentations for Scimetrics.
  • Richard Poche owns 51% of Genesis Labs, while Linda Poche owns 49% of Genesis Labs.
  • Scimetrics and Genesis Labs are located on the same property.

In this case, the husband’s company provides the “independent testing” for the wife’s company. Somehow, the EPA is either unaware of this, or simply doesn’t care. But that doesn’t mean that state administrators, legislators, or stakeholders can overlook this glaring problem.

Recent “Studies”

Texas Tech

  • Scimetrics sponsored (paid for) the Department of Animal and Food Sciences at Texas Tech University to study the “Color Intensity of the Blue Dye” in fat and organs between March 15, 2018 and concluding on April 26, 2018
  • This final report of the study was 111 pages, but only 3 of the study pages have been released (one page was just the cover page)
  • The study states that it was NOT conducted in accordance with Good Laboratory Practice Standards
  • This study states “We did not find a correlation between the level of warfarin in these tissues and the intensity.”
  • The executive summary of the study stated “With 91% confidence, the dye becomes visible in the subcutaneous abdominal fat 6 hours after bait consumption. This confidence level increases to 98% at 12 hours post-exposure. The dye intensity reaches a maximum in the subcutaneous fat at 24 hours after bait consumption and remains visible at least up to 336 hours post bait consumption.”
    • The method of viewing/seeing the blue dye was not presented – were there any instruments of spectrometers involved? Was the “confidence level” determined by the researchers? Scimetrics? Genesis Labs? Was this based a certain number of people stating that they could see the blue dye?
    • How much Kaput were all of the hogs fed?
    • How many hogs were studied?
    • Why has the full study not been released?
  • The study did not address the “blue cow” problem—even though Richard Poche (Scimetrics representative) testified that the blue dye in Kaput would likely show up in cattle that ingested Kaput.

This is a picture that Richard Poche released showing the blue dye 366 hours post bait consumption:

Where is the blue?

Mississippi State University Study

  • Mississippi State University (“MSU”) conducted a study for Scimetrics on 2018 with two objectives:
    • To determine the effectiveness of the kaput toxic bait on wild pigs, and
    • To determine if the Kaput toxic bait resulted in a humane form of death
    • “Our results differed from research conducted by Genesis Laboratories in that we experienced only a 33% mortality after 7 consecutive days of feeding”
      • It is possible that the 33% mortality is more realistic (which would be far below the EPA standard of 70%), given that MSU only counted the hogs that died in pens, rather than assuming that pigs don’t seasonally move – which Genesis Laboratories concluded (even though missing “test hogs” were found by hunters away from the supposed study site)
        • MSU said the following factors may have diminished the effect of Kaput
          • “Pigs were confined to a 4’x8’ pen, which eliminated their ability to run, and reduced opportunity to root, which are all activities that could facilitate the effects of warfarin as broken capillaries would likely continue to bleed rather than clot.”
          • “Secondly, Vitamin K serves as an antagonist to the warfarin and the commercial pig feed provided before and following presentation of the Kaput bait contained vitamin K. We can’t verify the amount of Vitamin K was sufficient to reduce the effect of warfarin, but it must be considered.”
          • [What isn’t said in the above statements is that in the wild hogs that consume enough Kaput to make them sick, but not kill them, will often consume vitamin K (which is found in vegetation) in order to feel better. Therefore, if the hogs had not been penned, the 33% mortality rate would very likely be lower. It is also likely, that once sick from the Kaput, the hogs may avoid the feed stations altogether (which also may have happened in Scimetrics 2015 study).
        • “This was a pilot study conducted to acquire baseline information regarding effectiveness and humaneness, and a more comprehensive study would include a greater number of pigs to capture a greater range of variation in body mass by gender, and it replicating real-world conditions, the pigs would be allowed to consume the Kaput bait ad libitum.”

Pounds of Warfarin Available

Beyond the multitude of other issues with Kaput, another issue is actually producing enough poison to affect the hog population.

On Friday, April 14, 2017 Richard Poche stated, under oath, his projections for the first year was for Scimetrics to produce 200-300 pallets of Kaput feral hog bait.

  • 64 buckets per pallet @ 25 lbs each X 300 pallets (his maximum) = 480,000 lbs. of bait for the first year.
  • According to a training session put on by Scimetrics (in Nacodoches, Texas) it takes 5.3 lbs. to kill an 88 lb. hog.
  • At a 100% efficiency rate (which no study has shown even close to that number), they could kill 90,567, 88 lb. hogs, in a year.
  • Texas A& M says the average hog in Texas weighs 200 lbs. and would take 20 lbs. of poison to kill a 200 lb hog.
  • That would kill 24,000 hogs weighing 200 lbs.
  • Of the 2 million hogs in Texas, 100% product efficiency, that’s 0.0453% of the population if they were all 88 lbs. and/or 0.012% efficiency if they are 200 lb. hogs

The fact is that while Texas has an estimated feral-hog population of approximately 2 million, according to Texas A&M, approximately 750,000 to 850,000 are removed each year by existing, established methods of feral-hog control: hunting and trapping. Most hunters shoot feral hogs for food. Most trappers trap feral hogs to sell the feral-hog meat to feral-hog meat-processing businesses. As confirmed by the 25,000 signers of the Texas Hog Hunters Association petition, if warfarin is spread across Texas ranchers, the majority of Texas hunters won’t shoot feral hogs and most trappers will not be able to trap feral hogs. Who wants to shoot or eat a poisoned animal? Almost no one. Whether that reduces the feral-hog hunting-and-trapping harvest by 90% or 50%, it means that Texas will have many more feral hogs.

Cost of Warfarin

The proposed purchase price of Warfarin has not been announced by Scimetrics (the manufacturer of Kaput), in any written form to the public. One consideration that the public would like to know, is how much is it going to cost to kill an 80-pound feral hog?

Why would Scimetrics not release this information? How can a state consider approving a new pesticide, with potentially considerable risk, without knowing the cost?

Fortunately, at a meeting in Waco, TX, a Scimetrics representative stated that a 25 lb bag of feed would cost $168.00. It was also stated that the feeders cost $220.00 each.

Let’s apply these numbers to the 2015 Kaput Study:

  • 93 feeders were employed (93 x $220 = $20,460.00 in feeders). That is $20,460.00 in feeders. (At the Waco, TX meeting however, Scimetrics representatives did recommend using the $400 feeder, because they stated a large group of pigs would knock over their smaller ones)
  • 1707 lbs. of bait was loaded in the feeders at a retail rate of $6.72 per lb. (25/$168 = $6.72/lb). That is $11,471.04 of bait employed.
  • The total cost for 93 feeders and 1707 lbs of bait = $31,931.04
  • 28 dead feral hogs were found and this comes out to $1,140.39/hog
  • It is important to note that $1,140.39/hog does not include any man hours and is calculated using the smaller cheap feeder
    • If the same calculations were done using the recommended $400 feeders (93 X $400 = $37,200; $37,200 + $11,471.04 (for the bait) = $48,671.04), this comes out to $1,738.25/hog
    • There are estimated to be two million to three million hogs in Texas; using Scimetrics warfarin, this would equate to Texans spending approximately $2.2 billion dollars with the small feeders or $3.4 billion dollars with the larger recommended feeders. Keep in mind this does not include the cost of man-hours, transportation, or potential lawsuits.

Secondary Poisoning Risks with Warfarin

Scimetrics has stated that there have been no secondary poisoning risks observed. However, due to the amount of time it takes for warfarin to kill animals, that conclusory observation is not persuasive, or even logical. Animals frequently move from bait station areas before they die from poison.

Scimetrics has provided non-target warfarin data on quail, alligators, prairie dogs, magpies, ducks, chicken, and cattle.   Given the large number of species prevalent in Texas (165 species of mammals and 590 species of birds), most conservationists and wildlife experts would like to see a much wider array of non-target warfarin toxicity results. For example, as made clear in the report Dr. Barr, the Texas A&M veterinarian toxicologist, the effect of warfarin varies even among different breeds of dogs. And while some birds are not particularly sensitive to warfarin, others are. For example, Dr. Barr notes that owls are particularly sensitive.

While Scimetrics may not be concerned with secondary poisoning risks, others that have studied it are:

  • Leading experts on feral-hog control agree that testing should precede use of warfarin-based poisons like Kaput® on feral hogs in Texas. The foremost expert on feral hogs and feral-hog control in the United States is Dr. Tyler Campbell. Until very recently, Dr. Campbell served as the Feral Swine Project Leader for the United States Department of Agriculture Wildlife Services National Wildlife Research Center in Kingsville, Texas and in Gainesville, Florida. In that position he oversaw and participated in many scientific studies and field tests concerning feral hogs and feral-hog control. He has also authored or coauthored over 40 scientific papers on studies, tests, and issues relating to feral hogs, including, among other issues, methods of controlling feral hogs (including shooting, trapping, aerial shooting, snares, toxins, and ovotoxins), methods of using and dispensing potential baits and toxins for feral hogs, the movements of feral hogs, fencing to control feral hogs, and feral-hog travel patterns and behavior during culling procedures.
  • Campbell has issued a lengthy statement and Declaration opposing use of Kaput® and warfarin-based poisons on feral hogs in Texas until further study takes place. Dr. Campbell stated unequivocally that at present, “I do not believe that Kaput® feral hog bait should be used as a method to control feral hogs in Texas,” and that “In my opinion, Kaput [a warfarin-based toxin] should not be used in Texas for feral-hog control until further studies are conducted.”
  • Jim LaCour is a veterinarian with LDFW (Louisiana Department of Fish and Wildlife) and a leading member of the state’s Feral Hog Task Force. He advised against approving the drug for use in the state. The Commission voted unanimously to study that poison and other toxicants further before approving them for use in the state. He said the short-term and long-term effects of the product needs further testing to determine its effect on other non-targeted species. Dr. LaCour’s testimony came with another warning: “Though there are specific directions for the toxicant’s use … concerns are high for inappropriate use of the product, especially bait dumping on the ground by users.” He said his concern, and those of the Feral Hog Task Force, went beyond raccoons to the Louisiana black bear, and that the drug-laced feed could be scattered by feeding hogs and become available to squirrels among other animals.  What’s more, Dr. LaCour said nontargeted animals feeding on Kaput could pose a threat to predatory animals like bobcats, owls, hawks, eagles and vultures. (http://www.theadvocate.com/baton_rouge/sports/outdoors/article_4c9f0660-f61f-11e6-ae6f-33d96575ad4c.html)

There are legitimate concerns about many non-target species. Several researchers have noted that birds of prey are high on the list. Here is an article in which a hawk died from consuming rodenticide, which is what Kaput is. (https://www.nydailynews.com/new-york/manhattan/adored-manhattan-hawk-dies-eating-rat-poison-article-1.2601428)

Even bald eagles are known to feed on feral hog carcasses:

https://www.postbulletin.com/bald-eagles-take-liking-to-eating-live-dead-pigs/article_5a0b585e-b2a9-5b75-bed2-50478436b132.html

Want to take the chances of killing our national symbol?


Need more? How about the EPA’s own Desk Statement?

“The risk to predatory and scavenging birds and mammals cannot be entirely precluded due to the possibility of feedings on carcasses, and other products containing warfarin have been implicated in reported incidents involving these types of birds.”

So, birds of prey can be seriously affected by this sort of chemical in the environment. Texas Parks and Wildlife worked on Sodium Nitrite for 10 years, then finally began its highly celebrated coming out with a field trial in April 2018. They promptly killed 171 birds. What happens when Kaput is spread all over the state and birds of prey like turkey vultures start dying? What does that do to our ecosystem.

Also, Scimetrics lobbied the EPA to remove the burial requirement of poisoned carcasses on their label. What will this do to predatory and scavenging birds?

Legal Ramifications

The Kaput® warfarin-poison program would create an unprecedented wave of litigation in Texas. As discussed above, if a landowner poisons feral hogs, the poisoned feral hogs live for several days or weeks and can travel several miles a day. Often their carcasses will end up on other landowners’ property. Those other landowners will not want the contamination of their property—or the cost of carcass burial and the clean-up of the blood-discharge trails that the bleeding-out hogs have spread. Clean-up and restoration costs will be extensive across Texas.

Lawsuits by neighboring landowners who end up with dead hog carcasses on their property are likely, including claims for nuisance. See, e.g., Crosstex N. Tex. Pipeline, L.P. v. Gardiner, 505 S.W.3d 580 (Tex. 2016) (describing the standards for actionable nuisance, including intentional, negligent, and strict-liability).

Similarly, a rancher or other property owner also can file a damages claim for trespass if another landowner or a pesticide applicator knowingly allows a poisoned hog to enter the other person’s property. See the Texas Supreme Court trespass-claims decisions  in Railroad Commission v. Manziel, 361 S.W.2d 560 (Tex. 1962); Greg v. Delhi-Taylor Oil Corp., 344 S.W.2d 411 (Tex. 1961); Michol O’Connor, O’Connor’s Texas Causes of Action (2016), pp. 1005-1018.

Anyone who uses the warfarin-based poison on feral hogs other than on a hog-proof fenced property knows that the poisoned hogs are likely to die on property owned by others.

Texas doesn’t need more lawsuits. Texas needs effective feral-hog control. But a warfarin-poison program will undermine feral-hog control and give rise to lawsuits.

Blue Cows

Richard Poche (representative and husband of the owner of Scimetrics, the manufacturer of Kaput) has stated that the blue dye in Kaput would likely turn any animals’ fat layer blue. It should be noted that this blue dye is not visible in a large live animal until the animal is cut open. Therefore, if a cow/goat/sheep/pig were to eat some Kaput (whether a feeder was knocked over, a feral hog spilled some on the ground, some just fell off a truck driving across a pasture, or a user decided not to use the expensive feeders and just threw it on the ground), and then that animal went to slaughter, the blue dye would be visible only when the animal was being gutted. This probably would be in a USDA overseen processing facility. Thus far, the USDA has not issued an opinion on how to handle such a circumstance. Therefore, it is likely that the animals that were brought in with the blue-dye specimen would be quarantined. This would be particularly problematic for large slaughterhouses, where cows come in by the truckloads and holding pens could get backed up. In addition, it is highly likely that the blue cow report would soon become public and potentially cause serious, or even devastating, consequences for the beef industry (—similar to the “mad cow disease” scare).

Sodium Nitrite

Sodium Nitrite has been proposed as an alternative pesticide to Kaput/warfarin for use on feral hogs. Sodium Nitrite has been studied for a number of years in conjunction with governmental regulatory agencies (including but not limited to, Texas Parks and Wildlife and the USDA). Although one test resulted in the deaths of over 171 birds, it was a promising sign that the agencies actually disclosed the results. (https://www.timesrecordnews.com/story/news/local/2018/05/21/bird-deaths-setback-feral-hog-poison-testing-texas/629868002/)

It is believed that Sodium Nitrite is up for another field test and has been reformulated to be less crumbly and more paste-like. This is in an effort to prevent the hogs from dropping crumbs on the ground, such that birds would not eat the crumbs and die (like they did in round 1 of the test). A few potential questions that need to be addressed:

  • Will the paste dry in the 100+ degree Fahrenheit Texas heat?
  • If not, will it stick to the hog’s snouts and hooves, such that when they run down game and livestock trails, they inadvertently wipe poisonous sodium nitrite all over grasses, bushes, trees, cactus, etc., potentially for miles?
  • Will having poisoned paste trails be potentially worse than having poisonous crumbs right next to feeders?
  • Is there a way to use sodium nitrite without killing non-target species?

Several aspects of Sodium Nitrite still need to be addressed and disclosed before interested parties can fully understand and discuss its potential uses. Those include: cost for the pesticide, potentially available supply, secondary poisoning analyses (particularly to endangered species and birds of prey), risks to livestock, feeder mechanisms, feeding instructions, shelf-life stability (specifically, the effect of temperature fluctuations on shelf-life), shelf-life duration, distribution of pesticide, labeling, federal and state involvement, etc.

Summary

Few (if any) pesticides are designed to kill large mammals. When someone proposes to use on large feral hogs a poison normally used on rats (warfarin-based poison) or a substance used to preserve bacon (sodium nitrite), many questions merit investigation before widespread application across the ranches, farms, and open lands of our nation. Thorough, independent, impartial testing and studies must be conducted. But that hasn’t happened. Without that type of thorough testing and study, the potential adverse consequences to livestock, wildlife, humans (consumers, pregnant women, hunters, ranchers, farmers, pet owners, etc.) could be disastrous.

Thus, questionnaires that ask vague, general questions like “Are you generally ok with using a safe-toxicant to kill feral hogs?” don’t help. The public needs facts, data, and real information—not vague questions. Putting the end-of-the-line question first is backwards. That makes no sense and it creates great risk.

The goal with this write-up is to address what is currently known about Kaput and to get people thinking about how many loose ends remain. Many (if not all) of the same issues also apply to Sodium Nitrite. All of the information regarding putting a poison out to kill a 200 pound mammal in the wild, must be completely disclosed. We have a major hog problem in Texas and elsewhere, but do we want a proposed pesticide’s consequences to become larger than the original problem?