iPA-540/9-82-024
                                           October 1962
Pesticide Assessment Guidelines
            Subdivision,  E

         Hazard Evaluation:
 Wildlife and Aquatic  Organisms
                Prepared by
           Ecological Effects Branch
           Hazard Evaluation Division
          Office of Pesticides Programs
            Guidelines Coordinator
              Robert K. Hitch
          Hazard Evaluation Division
          Off tea of Pesticide Programs
     U.S. Environmental Protection Afenev
    Offica of Pesticides and Toxic Sybstaneas
           Washington, D.C, 20460

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                                        EPA    	
                                        October,  1982
    PESTICIDE ASSESSMENT GUIDELINES

             SUBDIVISION E

           HAZARD EVALUATION:

     WILDLIFE AND AQUATIC ORGANISMS


                   by
       Ecological Effects Branch
       Hazard Evaluation Division
      Office of Pesticide Programs
        Guidelines Coordinator:
            Robert K. Hitch
       Hazard Evaluation Division
      Office of Pesticide Programs
 U. S. Environmental Protection Agency
Office of Pesticide and Toxic Substances
        Washington, D. C. 20460

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                              Foreword

     Subdivision E describes protocols which may be used to perform
fish and wildlife effects testing to support the registration of
pesticides under the Federal Insecticide, Fungicide and Rodenticide
Act (FIFRA).  It is a nonregulatory companion to 40 CFR Part 158,
Data Requirements for Registration.  Subdivision E has been the
subject of comment at a series of public meetings, the last of which
occurred in July, 1982.  Data requirements established by 40 CFR
Part 158 are discussed in Subdivision E so that it can be read as a
complete package and so that fish and wildlife testing procedures
can be explained in their proper context.

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   Subdivision  E  Hazard  Evaluation:  Wildlife and Aquatic Organisms
                           TABLE OF CONTENTS
DISCUSSION
Series 70: GENERAL INFORMATION AND REQUIREMENTS
§
§
§
§
70-1
70-2
70-3
70-4
General information
Definitions
General test standards
Reporting and evaluation of data




Series 71 : AVIAN AND MAMMALIAN TESTING
§
§
§
§
§

71-1
71-2
71-3
71-4
71-5

Avian single-dose oral LD50 test
Avian dietary LC50 test
wild mammal toxicity test
Avian reproduction test
Simulated and actual field testing
and birds




for mammals

Series 72: AQUATIC ORGANISM TESTING
§
§

§

§

§
§
§

72-1
72-2

72-3

72-4

72-5
72-6
72-7

Acute toxicity test for freshwater
Acute toxicity test for freshwater
invertebrates
Acute toxicity test for estuarine
organisms
Fish early life-stage and aquatic
life-cycle studies
Life-cycle tests of fish
fish
aquatic

and marine

invertebrate


Aquatic organism accumulation tests
Simulated or actual field testing for aquatic
organisms

                                                               Page
I.  ORGANIZATION and  PHILOSOPHY OF SUBDIVISION E                1
II. MAJOR ISSUES                                                 4
GUIDELINES
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                                  1

        I.  ORGANIZATION AND PHILOSOPHY OF SUBDIVISION E


                            A-  Purpose.
     Subdivision E provides guidelines for testing and information
on data submission concerning the effects of pesticides on wildlife
and aquatic organisms.  Data developed according to the guidelines
in this Subdivision and submitted to support the registration of a
pesticide product/ will be used by the Agency for determining
potential hazards to nontarget birds, wild mammals, fish and aquatic
invertebrates.

     The tests in §§ 71-1, 71-2, 72-1, and 72-2 provide basic toxicity
information which serves as a starting point for pesticide hazard
assessments.  These data are used principally for the following evalua-
tions:

 - To establish acute toxicity levels of the active ingredient to the
   test organisms;

 - TO compare toxicity information with measured or estimated pesticide
   residues in the environment to assess potential impacts to fish
   and wildlife;

 - To provide data which determine the need for (and support the
   wording for) precautionary label statements to minimize the
   potential adverse effects to wildlife and aquatic organisms; and

 - To indicate the need for further laboratory and/or field studies.

     Additional tests (i.e., avian, fish, and invertebrate repro-
duction and life-cycle studies) are provided when basic data and
environmental conditions suggest possible problems.  Data from
these tests are used principally:

— To estimate the potential for chronic impacts, taking into account
   the measured or estimated residues in the environment;  and

 - To determine if additional field or laboratory data are necessary
   to further evaluate hazards.

     Simulated field and/or actual field tests are provided so
that data can be developed to examine acute and chronic adverse
effects on captive or monitored fish and wildlife populations in
natural or near-natural environments.  These data are needed
only when predictions as to possible adverse effects in less exten-
sive studies cannot be made, or when the potential for adverse
effects from the use of a pesticide is likely to be high.

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                                  2

                          B.  Approach.


 1.  Organization.  The toxicity tests in Subdivision E have been
 grouped into two broad areas-: tests for pesticidal effects on birds
 and mammals (§§ 71-1, -2, -3, -4, -5); and tests for pesticidal
 effects on fish and aquatic invertebrates (§§ 72-1, 2, -3, -4,
 -5, -6, and -7).  Each of these groups has been further subdivided
 into short-term acute and subacute, reproduction, simulated field,
 and full field studies.

      The tests are arranged in a hierarchical or tier system which
 progresses from the basic laboratory tests to the applied field
 studies.  The results of each tier of tests should be evaluated to
 determine the potential of the pesticide to cause adverse effects and
 to determine whether further testing should be considered.  It is
 expected that each sequential test will be performed far less often
 than the preceding test.   Figures 1, 2 and 3 of § 70-1(b)  illustrate
 the tier testing system for avian wildlife,  wild mammals,  and aquatic
 organisms,  respectively.

 2*  Content of paragraphs within sections.   Within Subdivision E,
 each section provides guidance for  a particular test or group of
 related tests,  and contains the following provisions:

   - A provision refering  to 40 CFR  § 158.145  to determine  when the
     data are required,  and containing additional guidance  on  when
     the data are required to support the  registration  of the  manu-
     facturing-use  product or formulated product or both;

   - Provisions  outlining  test  standards that  should be  complied with
     in  conducting  the studies;

   - Provisions  outlining  standards for reporting and evaluating
     test data;  and

   - Examples of acceptable protocols, references to published
     documents and technical  journals, and other aids that will
     help in planning  and  conducting  toxicity tests.

3'  ^Porting standards.  Section 70-4 "Reporting and Evaluation
of  Data" provides guidance on the general reporting and evaluation
standards for this subdivision.  In addition, each section contains
a paragraph entitled  "Reporting and evaluation of data" which sets
forth the Agency's particular standards that apply to each test.

4*   Acceptable protocols and references.   Each section includes
paragraphs which generally provide the following kinds of information:

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                               3                     • .   . •

  - Examples of acceptable test protocols;

  - References that may provide useful background information in
    developing acceptable protocols; and

  - References that outline useful statistical procedures for handling
    data.

The examples of acceptable protocols are either those which are not
available in any other published form or which are of widespread
interest because they provide examples of tests which would be
routinely performed for a significant number of products.  The Agency
believes that publishing the acceptable protocols and references with
each section is the most efficient way of providing this useful
information to all potential users.

     References to standard :practices established by the American
Society for Testing and Materials for conducting freshwater fish
acute toxicity studies, freshwater aquatic invertebrate acute toxicity
studies, and marine mollusc shell deposition and embryolarval toxicity
studies, appear in the appropriate aquatic test sections as examples
of acceptable protocols.  Various subcommittees within ASTM are
currently preparing standard practices for other studies required by
this subdivision, such as the avian single-dose oral LD50, avian
reproduction, and aquatic accumulation studies.  When these standard
practices are completed, the Agency will review them, and consider
including them in appropriate sections of this subdivision as accept-
able test protocols.

5.  Relation of Subdivision E to other subdivisions.  Subdivision E
provides standards for testing and data submission concerning the
effects of pesticides on nontarget birds, mammals, fish, and aquatic
invertebrates.  The data developed according to Subdivision E and
required by 40 CFR § 158.145 represent only a portion of the data
considered in evaluating hazards to nontarget organisms.  The
Agency also routinely examines other information submitted in
response to other sections of 40 CFR Part 158 requirements.  In
evaluating the potential hazards, the Agency also considers data
developed according to Subdivision D, entitled "Chemistry Product
Chemistry," Subdivision F, entitled "Hazard Evaluation: Humans and
Domestic Animals," and Subdivision N entitled "Chemistry Environmental
Fate."

     Data required in 40 CFR § 158.135 and developed according to
Subdivision F are normally adequate to indicate hazard to wild
mammals.  Under certain conditions, these data are not sufficient
to assess the potential hazards to wild mammals and further tests
should be conducted.  Section 71-3 provides examples of circum-
stances when additional tests and data on wild mammal toxicity may
be needed.

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      Together, the data required by 40 CFR Part 158 are used by
 the Administrator to make the determination, required by FIFRA
 sec. 3(c)(5), whether a pesticide "...will perform its intended
 function without unreasonable adverse effects on the environment"
 and thus whether the pesticide may be registered.   The data are
 also used by the Administrator to make the "incremental risk"
 finding required by FIFRA sec. 3(c)(7) (conditional registration).

      Subdivision E currently does not provide testing guidelines to
 address the effects of pesticides on nontarget amphibians and
 reptiles.   At the'present time, the Agency assesses hazards to
 these nontarget organisms from the use of pesticides on a case-by-
 case 'basis; using all available and appropriate data;   The Agency
 is currently gathering literature on the effects of pesticides on
 amphibians and reptiles,  and on the appropriate test methods needed
 to measure these effects. -After a review of the available litera-
 ture, the  Agency may determine:          '          !  :

   - That the data required by 40 CFR Part 158.145  and developed ac-
     cording to Subdivision E of the guidelines  are sufficient to
     determine hazards to  nontarget amphibians and  reptiles;  or

   - That additional data  are needed in order to determine  hazards to
     these  nontarget organisms.                   .'•"••       ;—-'-

 The latter would necessitate the establishment  of  data requirements
 in 40 CFR  § 158.145 and the  development of guidelines:for  testing
 and data submission concerning  the effects of pesticides on  nontarget
 amphibians and reptiles.
                       II.  MAJOR ISSUES

     Public comments and Agency review of the 1978 proposed Subpart
E guidelines identified a number of major issues which are presented
in this discussion.  Many comments covering both major and minor
points were adopted by the Agency, and corresponding changes in the
guidelines were made.  Discussions of the major issues brought up by
public comments are presented in the following paragraphs.
       A.  Data Requirements for Manufacturinq^Use Products.


   -  In the Preamble to the 1978 proposed Guidelines, EPA asked for
public comment on the question as to whether or not the data require-
ments of this subdivision should be extended to manufacturing-use
products.  After serious consideration of this issue, the Agency
has concluded that extending the data requirements to such products
is appropriate.  The Agency was influenced by the views of commenters
on this issue who generally favored a data submission requirement

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which makes the basic manufacturer of an active  ingredient responsible
for providing most of the effects data.

     Therefore, 40 CFR § 158.50, entitled "Formulaters' Exemption"
requires a registrant of a manufacturing-use prpductto submit  (or
cite) any data pertaining to the safety of an active ingredient in
its product if the same data are required to support the registration
of an end-use product that could legally be produced from the regis-
trant 's manufacturing—use products.  (An end-use product is a
pesticide product bearing label directions for immediate end-use as
a pesticide.)  Section 158.50 also provides that such  data must be
submitted  by an applicant for registration of the end-use product,
except that the producerof the end-use product will generally not
have to submit or cite data pertaining to registered products which
the end-use producer purchases and uses to formulate the end-use
product.  This decision reflects the Agency's expectation that
manufacturing-use product registrants will be the major source of
registration data, and that end-use product formula tors will, in
most cases, need to suply much less data.  This decision is consis-
tent with the provisions of, and Congressional intent behind, sec.
3(c)(2)(D) of FIFRA, which provides that:

     No applicant for registration of a pesticide who
     proposes to purchase a registered pesticide from
     another producer in order to formulate such purchased
     pesticide into an end-use 'product shall be required to —
       (i)  submit or cite data pertaining to the safety
     of such purchased product; or
       (ii) offer to pay reasonable compensation
     otherwise required [§ 3(c)(1)(D) of FIFRA]  for
     use of any such data.

     Implicit in sec. 3(c)(2)(D) is Congress' expectation that it
would be the registrant of the manufacturing-use product who would
provide significant amounts of data pertaining to the safety of its
product.  (See, e.g., Sen. Rep. No.  334, 95th Cong.,  1st Sess., pp.
8-9.)

     Moreover, if data requirements were imposed solely on registrants
of end-use products, sec.  3(c)(2)(D) might be read to prevent the
Agency from obtaining data on the grounds that the data pertain to
the safety of a purchased product.
                B.  Degree of Specificity in the Guidelines.
     In responding to the proposed version of the guidelines, ccmmen-
ters argued both that the guidelines were too specific and that they
were too general.  The Agency has sought to strike a balance between

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these concerns.  The Agency has rejected a step-by-step or "cookbook"
description of test procedures because it recognized that any specific
detailed method may not be suitable for the evaluation of all pesti-
cides, and that new test procedures are constantly being developed.
For example, the Agency believes that testing guidelines should.
have the flexibility to take into account differences in test
equipment, personnel, animals at various laboratories, and charac-
teristics of the pesticide actually being tested.  Consequently, .
the Agency has sought to establish test standards which possess
the specificity necessary for data comparison, but .retain the
flexibility to, accommodate the other considerations'noted above.
                     C.  Reporting of Data.
     Several commenters suggested that not all the information listed
under proposed § 163.70-l(c) Reporting of data needs to be submitted
with each report.  They recommended that information such as the
physical and chemical properties of the test substance, assay
methods, and identity of the test substance should be submitted to
the Agency only once with each application.  The Agency agrees,
and does not request duplicative submission of data.  Therefore,
references to data furnished in response to the requirements of
40 CFR Part 158 will be accepted, provided that the complete text
of the data is actually supplied elsewhere in a sutmittal and is
properly marked or headlined for reasonable accessibility.

     EPA has also revised the general reporting standards in Sub-
division E in response to suggestions that the standards which do
not apply to all or most of the tests be deleted from this
section.  Accordingly, the Agency has revised and relocated these
reporting standards.  They now appear in the sections prescribing
reporting requirements for specific tests.  A few reporting standards
that apply to a majority, but perhaps not all, of the tests in Sub-
division E have been retained in § 70-4 with appropriate qualifying
statements.  For example, the standard proposed in § 163.70-l(c)(7)
(iii)  now reads [at § 70-4(c)(7)(ii)]  "Calculation of the LD50,
LCSO,  or ECSO, and the 95 percent confidence interval, when suffi-
cient  doses and test organisms are used to establish a dose-response
line."  Proposed § 163.70-1(c)(2)  Environmental conditions has also
been revised [at § 70-4(c)(6)]  so that the data reporting standards
for tests conducted with mammals or birds and those conducted with
fish or aquatic invertebrates now appear in separate paragraphs.

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                               7    >';   '•.,

                      D.  Test Substance.
     There was considerable discussion of the Agency's choice  of  the
test substance that should be used in the proposed Subpart E tests.
Some commenters argued that only the formulated product  should be
tested because isolation of the active ingredient is not  always
feasible.  They also argued that neither the manufacturing-use pro-
duct nor the active ingredient in technical form poses an environmental
hazard to wildlife or aquatic organisms when it is used  or distributed
in commerce.  Other commenters, however, felt that testing of  the
technical grade of each active ingredient would be sufficient  be-
cause the toxicity of a pesticide product depends almost  exclusively
on the concentration of the active ingredient in the product.   They
felt that the "inert" ingredients in a pesticide (those  which  do
not cause the intended pesticidal effect) usually have no .independent
toxic effect on wildlife or aquatic organisms.

     The Agency has Considered both sides of the issue, and has
determined that short-term acute toxicity studies should be performed
on the active ingredient of the pesticide.  Therefore, the fish and
wildlife guidelines now provide that all tests except simulated
and actual field studies (§§ 71-5, 72-6 and -7) should be conducted
with the technical grade of active ingredient.  (The simulated and
actual field studies should be conducted with the end-use for-
mulation.)  This position is based on the Agency's conclusion  that,
in most cases,, the toxicity of an end-use formulation is directly
proportional to the toxicity of the active ingredients in the  product
and their 'amounts.  The Agency is aware that the acute toxicity of
the technical grade of an active ingredient can differ significantly
from that of the end-use formulation containing that active ingredient.
The Agency also recognizes that the various inerts (e.g., emulsifiers,
surfactants, binders,  etc.) in an end-use formulated product may
affect the toxicity of the active ingredient.  Nevertheless, the
Agency believes that short-term acute toxicity tests conducted  with
the active ingredient will provide adequate information  for identify-
ing end-use products which may potentially pose risks to wildlife
or aquatic organisms.   These risks can be further evaluated in
additional studies, including pen or field tests,  if necessary.
In addition, short-term acute toxicity tests conducted with the
technical grade. Of the active ingredient yill have less of an
economic impact; than short-term acute toxicity tests conducted
with each endwise formulated product.

     There will be circumstances where an exception to the above
rule is appropriate.  Testing end-use formulations,  certain inert
ingredients, or other product components of concern, in short-term
tests,  will be required according to 40 CFR § 158.75(b) on a non-
routine as-needed basis.  Past experience shows that data from
these tests conducted  with end-use products are only required in
unusual cases.  Testing with end-use formulations  in short-term

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                                8

aquatic tests is required by 40 CFR §  158.145  only  under  the  fol-
lowing s ituations:                ,.

  - When the end-use product is expected to be  introduced directly
    into the aquatic environment when  used as  directed;

  - When an ingredient in the end-use  product  other than  the  active
    ingredient is expected to enhance  the toxicity  of the active
    ingredient; or           ;

  - When a specified EC50 of the technical grade of the active
    ingredient approximates the expected residue level in the aquatic
    environment.
       ,'.' :i • '  •..•Yi. .     ,•'.'.   •.-      .     ',,-''•
    The Agency is aware that a single  registration  of pesticide
products sometimes encompasses multiple formulations (i.e., same
active ingredient at same concentration but varied inert  ingredient
components and concentrations).  Agency concern about multiple
formulations ;is confined principally to formulation testing in §§71-
5 and 72-7.  Under these two studies,  the Agency permits  test results
to be obtained from testing a representative formulation  for the
registration under consideration.   This is because, in most instances,
the overriding adverse effect would be due to the- active  ingredient,
which is the ingredient of principal concern.  The Agency according
to 40 CFR § 158.75(b) may, on a case-by-case basis, require testing
of more than" one of'the multiple formulations under a single regis-
tration; but this will not Occur often.  In these instances, the
concern would be with evaluation of possible adverse effects that
may be attributed to the various inert ingredients  that would
differ from formulation to formulation under the same registration.
                    E.  Endangered Species.
     Several commenters argued that the guideline standards which
recommend against the conduct of pen and field studies in areas
containing, or suspected to contain, threatened or endangered
plants or animals [current §§ 71-5(b)(4) and 72-7(b)(4)J, are
excessively restrictive and could place unnecessary and unrealis-
tic limitations on field testing.  One conmenter stated that large
areas of the U.S. could not be used if this policy were strictly
enforced, especially for endangered animals that are mobile, far-
ranging, or migratory.  Another ccinmenter would like to see this
guideline standard deleted because it pertains to the preservation
of wildlife rather than the evaluation of chemicals.

     With regard to endangered species that are mobile, far-rang-
ing, or migratory, the Agency recommends that field tests not be
conducted in areas determined to be "critical habitat" by the
Office of Endangered Species of the U.S. Fish and Wildlife Service

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or in areas known, or suspected; 1s6; contain individuals of these
endangered species.
                F.  Selection of Avian Species.
     Several conmenters suggested using avian species other than mallard,
pheasant, and bobwhite quail for various toxicity tests.  The test species
that were suggested included domestic chickens and ducks, Japanese
quail, and songbirds.  Some ccmmenters felt that there were no practical
differences between Japanese quail and bobwhite quail for pesticide
hazard evaluation purposes.  They believed, moreover, that Japanese
quail is as sensitive to toxic effects as the bobwhite, and, like
the bobwhite, there is an existing data base on the effects of
pesticides on this species.  Other ccmmenters felt that songbirds
were more sensitive and more representative of the North American
avifauna than the recommended species and, therefore, should be
used.  Finally, according to some ccmmenters, domestic ducks and
chickens have not been demonstrated in the published literature
to be less sensitive than the preferred species, and therefore
ducks and chickens should be equally acceptable as test species.

     In response to the very emphatic and numerous comments on this
topic, the Agency's determinations and rationales pertaining to
preferred species for use in avian tests follow in the next several
paragraphs.  Generally, the species named in the 1978 proposal for
the avian test were retained for the current guidelines.

     Ideally, the evaluation of the toxicity and hazards of a pesti-
cide to wildlife would be made under all field conditions in which
the pesticide may be used, and would be made using as many species
as would likely be exposed.  However, the number of species to be
evaluated, the number of random, uncontrollable variables, and the
size and complexity of some application sites, combine to make such
testing completely impractical on a routine basis.  Thus, for purposes
of hazard evaluation, it is necessary to limit investigations to
those species which will yield the most useful information at a cost,
in time and money, that is not prohibitive.

     Recognizing, therefore, that it would be impossible to test
every potentially exposed species, EPA has recommended one or more
species which would provide data most useful for hazard evaluation
and consistent comparison among chemicals.  The following criteria,
which are not listed in order of importance, have been considered in
choosing species to be tested:

  - (A)  The test species should be one which has demonstrated
    sensitivity to the effects produced by known toxic chemicals;
    that is, it should be a species about which the Agency possesses

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                            10

 substantial historical  information on the  dose/response  of  the
 test  organism to  a  variety of  pesticides.  With  such  information,
 EPA can  be relatively confident  that the species  will  also  be
 sensitive to  toxic  effects caused  by a previously unevaluated
 chemical.  In addition, such baseline data allow  EPA to  compare
 the toxicity  of different  pesticides, the  results obtained  in
 different test facilities,  and the results obtained  in the  same
 test  facility over  a period of time.   The  latter  two comparisons
 are one  way'in which EPA can check the quality  of the  data  which
 it  receives.   The first comparison is useful in hazard evaluation.

 (B)   The test species should be  ecologically significant, i.e.,
 one that occurs naturally  in large numbers  and  in widespread
 habitats.  Since hazard evaluation is made  according to  the use
 pattern, the  most appropriate  test animals  will be those that
 occur naturally in  the  ecological  communities associated with
 the use  pattern.  If only  a limited number  of test species  are
 to  be recommended, then a  substantial  benefit is  gained  by
 testing  a species that is  abundant and widely distributed,
 because  birds  from that species  are likely  to be  exposed to
 pesticides from a variety  of use patterns.  A number of  species
 might be suitable simply on the  basis of sensitivity,  but with
 widely distributed species there is an  additional advantage in
 that  a more direct extrapolation from'laboratory  tests to field
 situations' can be made.               '             :

 (C)"   For the purposes of this  Subdivision,  it is  desirable  to use
 a test species which is aesthetically or economically  valuable
 to man.  This  is particularly  appropriate,  considering that many
 Agency decisions are based on  risk-benefit  analyses.

 (D)  Test organisms should be  readily available for test purposes.
 Moreover, they should not be endangered or  threatened  species,
 they  should be amenable to captivity, and they  should  be econo-
mical to maintain in a laboratory  environment.  For a  test
 species  to meet these criteria, relatively extensive information
 about the nutritional, habitat, and behavioral  characteristics
 of  the natural population should be known.  The source and
history, including origin of breeding stock, genetic composition,
 and history of disease should  be .accessible for documentation.

 (E)  The characteristics of test organisms  should  be appropriate
 to  the types of tests being conducted.  They should demonstrate
observable effects within a reasonable period of time.  For
 example, they should have a life cycle short enough to accommodate
reasonably short (1-2 years) chronic and reproductive tests.
They should also be appropriate for acute,   dietary, reproductive,
and simulated field tests so that the comparisons  of the various
tests can be made within the species.  They should be amenable
 to an experimental design that can be statistically analyzed.

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                                11

    For example, birds that lay only two eggs per year are generally
    not appropriate for reproduction tests.  Finally, it is  desirable
    that the test organisms not be overly susceptible to disease,
    parasites, and handling.

     Not surprisingly, no single species completely satisfies all of
the above criteria for every kind of test.  The available literature
dealing with the toxicity of pesticides to avian species indicates
that, for the majority of pesticides tested, mallard and bobwhite are
as sensitive or more sensitive than Japanese quail and other domestic
birds.  If Sensitivity were the only criterion for the selection of
test species, the choice between the species would be difficult
to make.  However, many other factors (as mentioned above) influence
the selection of acceptable test species.

     After much debate and after considering the criteria presented
above, the Agency believes that, at least for the present, allowing
the use of Japanese quail for toxicity tests is not appropriate.  The
primary advantage to using Japanese quail is that they are easily
and economically maintained and bred in the laboratory.  However,
the Japanese quail is generally no more sensitive than bobwhite
quail and has a smaller toxicity data base than bobwhite quail.
Furthermore, the Japanese quail has not become a part of any North
American ecological community, and consequently we know little  '
about how it would behave if used in field studies.  Therefore,
some species other than Japanese quail would probably be required
for higher tier studies, and EPA would lose the advantages of
comparing data from different kinds of studies on the same species.
The same observations apply similarly to the domestic duck and
chicken.  Accordingly/ the Agency believes that these three Species
are not as suitable as the ones selected for these guidelines.
However, it will review the question over the next several years
as new data become available.

     The Agency agrees that songbirds may often be more sensitive to
pesticides than the species required by the guidelines.  The Agency
also recognizes that many of the nontarget species exposed to a pesti-
cide may be songbirds and, therefore, they may be more representative
of the exposed avian species than the species required by these
guidelines.  However, there are no data which show that results from
testing with a species of songbird are more useful than bobwhite or
mallard for predicting the effects of a pesticide on a large number
of bird species.  In the future, the Agency may include songbirds in
its test scheme.  However, the Agency recognizes that the feasibility
of using songbirds for testing on a regular basis has not been
demonstrated except possibly for the acute oral toxicity test.

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                                12

                        G.   Age  of  Birds.
      Several  ccmmenters  recommended  changes  in the  age  range  proposed
in the avian  testing standards  of  §§  163.71-Kb) (3),  163.71-2(b)(4),
and  163.71-4(b)(4).  Commenters  suggested that younger  birds,  10  to
17 days old,  should  be used in  the avian  single dose  oral  test because
they are more sensitive, more uniform in  response,  more available.,
less  expensive, and  easier  to house  and handle.  They felt that use
of the same age birds for both  acute  and  dietary tests  would provide
greater consistency  and  comparability.  Concerning  the  avian  dietary
test, coamenters felt that  there was  too much  flexibility  allowed in
the  current age requirement of  10  to  17 days.   Some recommended ages
were: at the  time  of yolk: sac absorption, 10-16 days  for quail, and
5-11  days  for mallards.  The latter was
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                                 13

    -  Because the  Agency can be  reasonably assured that the birds have
      not been previously exposed to pesticides  as adults;

    -  Because variability is markedly reduced  when all test birds are
      of  the  same  age;

    -  Because the  age of  immature birds  approaching their  first breeding
      season  can be  determined more  accurately than the age of  adult
      birds;  and

    -  Because first-year  birds would be  of  lower cost  than  second or
      third-year birds.
    H«  Avian Test Doses and Concentrations - Criteria for LD50 and
                         LC50 Determinations.


      Two sections of the proposed guidelines, § 163.71-1 "Avian
 single-dose oral LD50 test" and § 163.71-2 "Avian dietary LC50 test,"
 provided that substances not particularly toxic to birds need not be
 tested as thoroughly as more toxic chemicals.  Specifically, these
 sections stated that the applicant may submit data showing that the
 avian LD50 is greater than 2,000 mg/kg, or that the avian.LC50 is
 greater than 5,000 ppm, instead of determining precise LD50 or LC50
 values.  Several conmenters wanted to know the Agency's rationale
 for selection- of these values.

      The Agency provided these "cut off" levels as an option to
 the determination of -precise LD50 and LC50 values for relatively
 innocuous compounds.  These values (2,000 mg/kg and 5,000 ppm)  are
^arbitrary.  However, the Agency believes that few (if any)  pesticides
 will be applied at a label rate that will result in residues equal
 to or greater than these values.  In addition, these "cut off"  levels
 have a history of use in the literature on avian toxicology, as
 evidenced by:

   - (A)   Tucker, R.K., and D.G. Crabtree.  1970.   Handbook  of Toxicity
     of Pesticides to Wildlife.   Fish and Wildlife Service Resource
     Publication 84.   U.S.  Dept. Interior, Washington, D.C.,  131  pp.;
     and

   - (B)   Hill,  E.F., R.G.  Heath, J.W.  Spann,  and  J.D. Williams.
     1975.  Lethal dietary toxicities  of environmental pollutants  to
     birds,   u.s.  Fish and Wildlife  Service  Special  Scientific  Report
     - Wildlife  No.  191.   U.S.  Dept.  Interior,  Washington, p.C.   6t pp.

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                               14

             I.  Avian Single-Dose Oral LD50 (§ 71-1).
     A number of commenters questioned the need for the avian
single-dose oral LD50 test (proposed § 163.71-1).  Various reasons
were given by the different commenters:

  - The acute oral test is artificial and not representative of field
    situations;

  - The acute oral test often provides a misleading picture of hazards
    through underestimation of the toxicity of accumulative chemicals
    or overestimation of the toxicity of easily degraded chemicals;

  - Data from the dietary LC50 tests provide a reliable basis for
    assessing potential hazards, even for granular formulations;
    and                                                            .

  - There are too many bird tests in the guidelines.

Finally, another commenter suggested that performing this test is
only appropriate if the dietary LC50 is less than 500 ppm or if
other data indicate an unusual hazard.

     The Agency recognizes that the avian acute oral test does not
represent actual exposure in field situations, except in the case
of granular formulations, and baits.  The consumption of pesticide
granules and baits by birds is an exposure that is very similar to
the exposure presented by the laboratoryLD50 test.  The Agency'
contends that either the acute oral test or the dietary test, used
alone, may be misleading in evaluating a pesticide that has cumulative
effects, or one that is easily degraded.  One or the other, however,
is likely to represent acute toxicity, and the two in concert should
adequately define the potential hazard to birds.

     The Agency rejects the contention that dietary tests are reliable
indicators for granular formulations, particularly when one or a few
granules exceed the avian LD50 level.  Many N-methyl carbamates, for
example, are formulated into granules and are much more toxic to
birds in acute oral doses than in dietary doses.  Published data and
data in Agency files indicate substantial disparity between acute and
dietary toxicities of carbamate pesticides.  This disparity, which
also exists for a few other pesticides, is great enough that reliance
on the dietary toxicity alone could result in unsound hazard
assessments.

     The Agency also rejects the contention that the guidelines con-
tain an excessive number of avian tests.  The two avian tests that
are routinely required by 40 CFR § 158.145 are relatively inexpen-
sive and easy to perform, and they are essential to assess hazards

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                                 15

 to various avian species.  The  costs of these tests  in  1982  are
 estimated to be $1800 for the avian single-dose oral LD50 test,
 and $3600 for both avian dietary LC50 tests.

      The Agency uses data from  the avian acute oral LD50 test to
 establish the acute toxicity level of a pesticide to avian species.
 The test also provides additional information that is useful for
 determining-hazards of a pesticide to birds.  For example, symptomo-
 logy is used to establish the toxic action of the pesticide to
 avian species.  The slope of the avian LD50 dose-response line
 provides information on safety factors for acute effects; a gradual
 slope requires a higher safety factor for acute effects than does
 a steep slope.
                J.   Mammalian Acute Toxicity (.$ 71-3).


      Based on the  number and nature of comments received in regard
 to proposed § 163.71-3  (formerly "Mammalian Acute Toxicity,- now
  Wild Mammal Toxicity"),  the Agency has concluded that this section
 needed revision to eliminate misunderstandings regarding the guidance
 when  such  data would be  required and what test procedures would be
 acceptable.                                                        ,
     The  guidelines now expressly  state  that  data  from this  test  are
 not routinely required by 40 CFR §  158.145, since  mammalian  data
 required  by  40 CFR §  158.135 and developed according  to Subdivision
 P XHazard Evaluation: Humans and Domestic Animals) are normally
 S "Sh!:1* f°r.aS*:SSing thS ha2ardS t0  wild  *ammals.   m addition,
 ? % ?   re<^ed" paragraph has been revised to  reduce the unin-
 tended emphasis on ruminants.  The  testing standards  and protocols
 have also been modified and expanded in  order to address the diver-
 sity of situations in which additional testing might be necessary
 to *«* ^      m°re guidance for Applicants in developing methods
 to address specific situations.  Additional minor  changes have
been made in the standards for reporting and evaluation of data.
                    *" well-d<^eloped and tested methods for deter-
       the toxicity to laboratory animals, toxicity testing has
not been extensively performed with wild mammals.  The Agency wel-
                                     "'

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                               16

                K.  Avian Reproduction Test (§ 71-4)
     Several years ago the Agency recognized that pesticides were
causing reproductive impairment in some bird populations.  Con-
sequently, in § 162.82 (cM2)(ii)(A) of the 1975 proposed guide-
lines and in § 163.71-4 of the 1978. guidelines, the Agency decided
to provide avian reproduction tests for chemicals which had the
potential to affect reproduction in birds.  The design of these
tests, as with most test protocols, is dynamic.  The Agency is
constantly striving to update and improve these protocols.

     In the past, these guidelines have recommended a testing design
which placed groups of birds in each pen  (i.e., mallards: 2 males,
5 females; and bobwhite: 1 male with 2 females).  With this arrange-
ment the number of replicates (pens) needed for each treatment was.
5 and 12 for mallard and bobwhite, respectively.  At the  1980
FIFRA Scientific Advisory Panel meeting, the Agency concurred with
the option of pairs testing to accomodate various segments of the
scientific ccmmunity who support such a design.  Now that data are
available, the Agency has analyzed the efficiencies of both testing
designs.  The group design provided sufficient sensitivity to detect
a statistically significant reproductive  impairment of 20% or more
using the recommended number of replicates.  For the pairs testing
to achieve this sensitivity, more than 12 replicates are necessary;
calculations have indicated that"as many  as 25 replicates may be
necessary.

     Based on our analysis, the Agency continues to recommend the
group-pen design.  This is consistant with the previous  proposed
guidelines.  A registrant, in consultation with a testing facililty,
may wish to use the pair-test design.  In this case an attempt should
be made to design a test which provides sufficient sensitivity to
detect statistically significant reproductive  impairment  of 20% or
more.  A reference for  calculating the number  of replicates needed
for a particular  level  of sensitivity is  now included in  the guide-
lines .

     This change will result in a more consistent determination of
reproductive impairment, regardless of test design.  There will be
no increase in cost if  the group-pen design is selected;  however, a
moderate increase in cost for the pair-pen test design may be in-
curred due to the increased number  of replicates.
            L.   Small  Pen  Field  Test (§  71-5)  -  Protocol.

      Commenters of proposed  §  163.71-5  recommended deleting the small
 pen  field test, citing numerous deficiencies  in the protocol for such
 tests.   Among the problems  noted were:

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                                17
   -  That such tests do  not accurately predict the hazard to wild
     birds whose  behavior differs  from that of domestic birds;

   -  That the pen must be moved frequently so that the birds can be
     exposed  to the  pesticide  and  adequate food sources;  and

   -  That the birds  are  vulnerable to  attack from predators.

 The  Agency recognizes the limitations  in the design  of small pen
 tests  referred to above,  some of  which were mentioned in the preamble
 to the 1978  proposed guidelines.   In  that preamble,  the  Agency  also
 requested suggestions on  how  to improve  the test design  to  avoid
 these  problems,  but received  no useful suggestions from  the  public.
 The  Agency again welcomes suggestions  that can be  supported  by  data,
 literature,  or specific  rationales.

     Until a better small pen test is  developed and  tested  for
 validity,  feasibility, and comparability,  the Agency has deleted the
 existing small pen  protocol from  the guidelines.   The existing  large
 pen  protocol,  with  some modifications, will be used  in its place.
 Data produced by  using the large  pen test  have proven to be  more
 useful to  the Agency than those from small pen tests.
                  M.  Actual Field Test  (§ 71-5).


     Commenters have stated that the actual field test for mammals
and birds is too comprehensive, complex, expensive, and time-consum-
ing, and therefore such tests should be  eliminated.  They have
also pointed out problems with specific  aspects of the protocol in
proposed § 163.71-5.  The Agency fully recognizes the complexity
and cost of a full-scale field test, and consequently, the Agency
provides this test only to evaluate those products which pose
significant risks to nontarget birds or mammals.  The studies
conducted in previous tiers are designed to yield specific infor-
mation which forms the basic foundation  of a hazard assessment.
Because of their design, however, the lower tier studies cannot
always be used to adequately predict the effects of the pesticide
in real use situations.  Therefore, it may become necessary to
perform the actual field test when the previous laboratory or cage
studies demonstrate toxicity at normal use rates or indicate poten-
tial long-term adverse effects.  The actual field study results
would then either support earlier indications and alter plans for
certain uses or for prospects of obtaining a registration, or they
would disprove the potential hazards evinced in the earlier tests
and thus maintain proposed uses and improve prospects of obtaining
product registration.

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                               18

     EPA notes that each actual field test should be  specifically
tailored to address the concerns that necessitate it.  In developing
a test methodology, applicants are advised to consult with appropriate
EPA scientists to assure that the information obtained is pertinent
and sufficient to satisfy the Agency's hazard evaluation requirements.

     In view of the diversity of potential study areas, (e.g.,  forests,
rangelands, rights-of-way, wetlands; and major croplands such as
cotton, wheat, corn, etc.) field studies should be designed on  a case-
by-case basis.  Consequently, the previously published protocol has
been deleted.  In its place are a number of selected references that
can be used as guidance for developing actual field studies.
 N.  Aquatic Test Concentrations - Criteria for LC50 Determination.
     Several sections of the guidelines for acute toxicity testing
with aquatic organisms provide that substances which are not parti-
cularly toxic need not be tested as thoroughly as more toxic chemi-
cals.  Specifically, these sections state that the applicant may
conduct a range-finding study, and if the LC50 is greater than 300
mg/1 or is greater than 300,000 times the expected environmental
concentration, the determination of a precise LC50 value is not
necessary.  [See §§ 72-Kb), -2(b), -3(b).]  Several conmenters
suggested that these "cut-off" levels are too high.

     In light of public response and the Agency's experience in
working with the previously established levels, the Agency has de-
cided to reduce the levels.  The intent of the "cut-off" levels is
to preclude the need for definitive acute tests when the range-
finding tests indicate the chemical/pesticide to be relatively
non-toxic.  After using the previous "cut-off" levels for several
years, the Agency has not had to request additional acute studies.
Accordingly, the Agency has decided to reduce the levels to a
concentration of 100,000 times the EEC or 100 mg/1.  If, after
using the new levels, the Agency finds they do not provide adequate
data for hazard assessment, additional changes will be made.  Note
that the standard for testing 30 organisms at either of these
criteria with less than 50 percent mortality remains unchanged.
0.  Selection of species for freshwater fish acute toxicity studies.
     Considerable public comment focused on the number and choice of
test species for freshwater fish acute toxicity studies.  Basically,
these comments favored use of only one species, rather than the two

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                                19  •••"•  >••>-• • .,.,.

 fish species required by the proposed guidelines, §  163.72-1.  In
 addition,  the conunenters ' suggested a number of factors which should
 be considered in selecting the species to  be tested, such as the
 most sensitive species,  the species most likely to be exposed
 under normal use conditions, or the species which would be used if
 higher tier tests are required. Also,  one  ccmmenter  recommended
 the fathead minnow as a  test species in the fish acute toxicity
 study because the fathead  is also used in  the fish life-cycle
 study.   In the past,  industry representatives and other concerned
 individuals have asked for a more precise  definition of the terms
 "coldwater fish" and  "warmwater fish."  The guidelines provided for
 the testing of fish from both categories,  and since  these categories
 were  loosely defined  by  examples, a more precise definition was
 needed.  The characteristics of the fish families Centrarchidae
 and Salmonidae have been used to  exemplify a warmwater and coldwater
 fish,  respectively.      ..".-' : •

      The Agency has defined coldwater  fish as those  fish which  normally
 spawn  in the fall and winter months in Water colder  than 60°F (15°C).
 Warmwater  fish are defined  as those fish which  normally spawn in the
 summer months  in  temperatures greater  than 60°F.   Examples,  as
 previously stated,  are the  Centrarchids and Salmonids  for warmwater
 and coldwater  fish.   The preferred warmwater species  is  the  bluegill
 sunfish  (Lepomis  macrochirus)  and the  preferred  coldwater fish  is the"
 rainbow trout  (Salmo  gairdneri).   Data from two  species^ are  used to
 indicate the extent of variation  in sensitivity  between;the  different
 species.   In addition, by testing two  species, the Agency will  have
 data available  on fish representative  of a much  larger geographical
 range than  if  only One species  were tested.   These considerations
 outweigh the small  additional  costs associated with  testing  a  second
 species.  Finally,  while the Agency would  not reject  data from  tests
 using the  fathead minnow, it is not  as  sensitive  to most insecticides
 as  the bluegill or  rainbow  trout,  and  thus  is not generally  preferred
 for this studv.
                     P.  Marine Toxicity Tests.             .        :


     Commenters objected to the testing provided in proposed §  163.72-3
for developing data on the acute toxicity of a pesticide to marine and
estuarine organisms.  They stated that this testing is not needed every
time a pesticide is applied directly to marine or estuarine environments.
They argued that EPA should consider the concentration of a pesticide
in these environments resulting from actual use before determining
the need for this testing.  For example, they suggested that if
the estimated environmental concentration of a pesticide is less
than the LCSO or EC50 of that pesticide for freshwater organisms,
the data would not be needed.

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                                 20

     Conmenters also questioned the Agency's need for data on the
toxicity of a pesticide-to marine species in light of newly-published
literature showing a correlation between toxicity data from tests
with freshwater fish (rainbow trout) and tests with saltwater fish.
Based on this relationship, the cemmenters suggested that the data
from marine studies is not needed if a high concentration of a
pesticide, produced no effect in a test using freshwater fish.

     The Agency is firmly convinced that it needs data on the acute
toxicity of a pesticide to estuarine and marine organisms.  With it,
we evaluate the hazard of that pesticide when it is applied to a
marine or estuarine site.  Direct applications to these environments
are made for the'i purpose of reducing the population of one or more
pest organisms existing there.  Thus, there is every reason to
expect that the pesticide will be present in quantities which may
be toxic to npritarget ,organisms as well.

     The Agency rejects the suggestion to use data from freshwater
fish toxicity studies to predict the hazards to saltwater fish.  The
predictive equation that has been developed based on the correlation
between known rainbow trout LC50 values and known saltwater fish LC50
values for a number of chemicals cannot be used by the Agency.  The
95 percent confidence limits of the predicted saltwater fish LC50
values are equal to +_ T-3, or 2.6 orders of magnitude.  Saltwater
fish LC50 values with confidence limits of this magnitude do not
permit EPA to judge whether a particular pesticide will pose
unacceptable risks when it enters the marine environment.

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                                  21 • •-,

           SUBDIVISION E - HAZARD EVALUATION:  WILDLIFE AND

                          AQUATIC ORGANISMS


 Series 70:  GENERAL INFORMATION AND REQUIREMENTS

 § 70-1 General information.

      *a*     Scope and purpose.  This subdivision provides guidelines
 for testing and data submission concerning the effects of pesti-
 cides on  nontarget birds,  wild mammals, fish, and aquatic inverte-
 brates.   Each section contains standards for acceptable testing,
 guidance  on evaluation and reporting of data, examples of acceptable
 testing protacols, and further guidance on when data are required.
 The data  produced by following these guidelines will be used by
 the Agency for determining potential hazards to nontarget organisms
 resulting both from direct and indirect exposure to pesticides.

      (b)     Organization.   (1)   Categories of tests by organism
        This subdivision contains  two  broad categories of tests:

      (i)     Tests  for pesticidal effects on birds and mammals
 (§§ 71-1,  -2,  -3,  -4,  and  -5);  and

      (ii) '   Tests  for pesticidal effects on fish and aquatic in-
 vertebrates  (§§72-1,  -2,  -3,  -4,  -5,  -6,  and -7).

      (2)     Tier tests.  (i)  The  Tier  1 tests within each of the
 categories named above, document the acute and subacute  pesticidal
 effects on birds,  mammals,  fish  and  aquatic invertebrates.   These
 tests are required by  40 CFR §  158.145  to  support the registration
 of  most pesticide  products.  Tier  1  tests  on  birds  and mammals
 appear in §§ 71-1  and  71-2.  Tier 1  tests  on  fish and aquatic
 invertebrates appear  in §§  72-1  and  72-2.

      (ii)    The "When  required"  paragraphs  in §§ 71-3, -4, and  -5
 and 72-3,  -4, -5,  -6,  and -7 refer to 40 CFR  §  158.145 and provide
 further guidance as to when data, in addition  to Tier  1  test results,
 will be required to support the  registration  of a pesticide product.

     (iii)  Figures 1, 2 and 3 (below) illustrate the tier testing
 system for avian wildlife,  wild mammals, and  aquatic organisms,
respectively.  These figures,  however, do not constitute requirements.
The applicant should refer 40  CFR Part 158 for the actual requirements,

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                                  22
Figure 1.  Avian Testing Flow Chart.
Tier  1
SINSLE-DOSE  ORAL
LD50  -  § 71-1
          RELATED  INFORMATION
          such  as  use pattern,
          chemistry,  and human
          toxicology
AVIAN DIETARY
LC50 - § 71-2
Tier 2
 SPECIAL TESTS
   § 70-1
                   !     I
                        V

               REPRODUCTION TEST
                    §  71-4
Tier 3
SIMULATED  (PEN) FIELD TEST
            § 71-5
Tier 4
I
I
V
                  ACTUAL FIELD TESTING
                       § 71-5

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                                23

 Figure 2.   Wild Mammal Testing Fl&w Snir't.
 Tier 1
Tier 2
                        RELATED INFORMATION
                        such as use pattern,
                        chemistry,  and human
                        toxicology
WILD MAMMAL
TOXICITY TESTS
  § 71-3
Tier 3
REPRODUCTION TESTS
see Subdivis ion F
    § 83-4
SPECIAL TESTS
  § 70-1
    SIMULATED  (PEN) FIELD  TEST
         § 71-5
Tier 4
                  V                  V
                  ACTUAL FIELD TESTING
                       § 71-5

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Tier  1
                                24
Figure 3.   Aquatic Organism Testing Flow Chart.
ACUTE TOXICITY  FOR
FOR FRESHWATER  FISH
   .  § 72-1
   RELATED INFORMATION
   such as use pattern,
~>  chemistry, and human *•"
   toxicology
ACUTE TOXICITY
TEST FOR FRESHWATER
AQUATIC INVERTEBRATES
     § 72-2
Tier 2
         I
        V

FISH EARLY LIFE-
STAGE AND AQUATIC
INVERTEBRATE LIFE-
CYCLE TESTS
                      SPECIAL
                      TESTS
                      §  70-1
                     /
Tier 3
       FISH LIFE-
       CYCLE TESTS
       § 72-5
            I
            I
Tier 4
          ACUTE TOXICITY
          TEST FOR ESTUARINE
          AND MARINE ORGANISMS
               § 72-3
  AQUATIC ORGANISM
  ACCUMULATION TEST
      § 72-6
                                 V
                      SIMULATED* OR ACTUAL FIELD
                      TESTS OF AQUATIC ORGANISMS
                              § 72-7

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                               25

     (c)  Range-finding tests.  Unless the approximate toxicity of
a test substance is already known, it is usually desirable to
conduct a range-finding test to determine the concentrations of test
substances that should be used in the definitive tests in this
subdivision.          -

     (d)  Special test requirements.  In addition to the testing
guidance provided in all succeeding sections of this subdivision,
data derived from additional tests may, under unusual circumstances,
be required by 40 CFR § 158.75(a) the Agency for maki-ng judgments
regarding safety to wildlife and aquatic organisms.  Methods may
be derived from tests already described or cited in this or other
subdivisions of these guidelines.  Such data requests may relate
to a proposed pattern of use, a toxicological mode of action, or a
unique chemical property.  The data requested will be specific to
the problem.  Examples of tests for these unusual circumstances
include but are not limited to:

     (1)  Avian acute dermal LD50;

     (2)  Certain toxicity data from Subdivision F, such as rabbit
dermal LD50, eye irritation, and acute inhalation LC50;

     (3)  Fish or bird cholinesterase tests;

     (4)  Metabolism studies;

     (5)  Secondary toxicity studies on birds or mammals;

     (6)  Domestic animal safety studies (see Subdivision F, § 85-2);

and

     (7)  Pesticide efficacy testing, as outlined in Subdivision
G, regarding pest control that may have major impact on the food
supply or food chain of a rare or endangered species.


§ 70-2 Definitions.

     (a)  Terms used in this subdivision have the meanings
set forth in 40 CFR § 162.3 and at § 60-2 of Subdivision D.

     (b)  In addition, for the purposes of this subdivision:

     (1)  The term "coldwater fish" means those fish which normally
spawn in the .fall and winter months in water colder than 60°F
(15°C), e.g., fish from the family Salmonidae.

     (2)  The term "continuous exposure" means  an extending or
prolonged exposure usually resulting from a single application of
a persistent pesticide.

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                                 26

     (3)    The term "ECSO" (median effective concentration) is
the concentration of a substance producing a specific effect or
response in SO percent of the test organisms.  This determination
is usually made when some effect other than lethality is being
studied.  The effect should be one which is easily observed and
which is usually associated with lethality, e.g., failure of
daphnids to demonstrate swimming response to light stimulus.

     (4)    The term "estimated environment concentration" (EEC)
means an estimate of the concentration of a pesticide occurring
in or on various media (i.e.* soil, water, vegetation) after
pesticide application, as determined from the results of environ-
mental fate testing described in Subdivision N.

     (S)    The term "maximum expected environmental concentration"
(MEEC) means the highest concentration of a pesticide that would
occur [usually immediately after application(s)]  at a site or in a
medium (e.g., water, vegetation, or soil) contaminated with a
pesticide, as determined from the pesticide application rate.

     (6)    The term "-typical end-use product" means an end-use
product representative of a major formulation category (e.g.,
emulsifiable concentrate, granular product, wettable powder)
containing the active ingredient of the applicant's product.

     (7)    The term "warmwater fish" means those fish which
normally spawn in the summer months in temperatures greater than
60°F (15°C), e.g., fish from the family Centrarchidae.
§ 70-3  General test standards.

     (a)    General policy.  This section provides general test
standards which apply to all tests in this subdivision.  If, for
a particular chemical,  there should arise a conflict between the
general standards and the standards for a particular test, the
more specific standards should apply.

     (b)    Test methods.  (1)  Toxicity tests should be conducted
according to uniform methods, whenever possible, to maximize the
number of reliable comparisons that can be made concerning relative
toxicity and relative sensitivity.

     (2)    Tests should include a concurrent control group.  If
a vehicle (carrier, solvent, or diluent) is used, the concurrent
control1group should be treated with that vehicle.  Vehicles known
to be toxic, synergistic, or antagonistic should not be used.

     (3)    All control groups should be maintained in the same
manner as the test groups.  However, control groups should be
protected from airborne or other contamination by the test
substance(s).

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                                 27

      (4)     In no case should the results of range-finding test(s)
and definitive test(s) be combined in calculating the LD50, LC50/
or EC50.  Results of two or more definitive tests may be combined
to calculate the LD50, LC50, or EC50 only if. the tests are run
concurrently using test animals which are from the same source
and which were raised under the same conditions.

      (<=)    Test substance.  (1)  Each section of Subdivision E
provides guidance concerning the substance to be tested, i.e.,
whether the data submitted in support of an application for regis-
tration should be derived from tests conducted with the technical
grade of the active ingredient, the end-use product, or a typical
end-use product.

      (2)    The technical grade of the active ingredient is
commonly the same substance as the manufacturing-use product
for which registration is sought or which is used to produce the
formulated pesticide product for which registration is sought.
In this case, a sample of the manufacturing-use product may be
tested in lieu of testing the technical grade of the active
ingredient.

      (3)    In addition to or in lieu of testing otherwise provided
by this subdivision, the Administrator may, in accordance with 40
CFR § 158.75(b), require testing to be conducted with:

      (i)    An analytically pure grade of an active ingredient;

      (ii)   The technical grade of an active ingredient;

      (iii)  The inert ingredient of a pesticide end-use formulation;

      (iv)   A contaminant or impurity of an active or inert
ingredient;

      (v)    A plant or animal metabolite or degradation product
of an active or inert ingredient;

      (vi)   The pesticide end-use formulation;

      (vii)  The pesticide end-use formulation plus any recommended
vehicles and adjuvants;

      (viii) Any additional substance which could act as a
synergist to the product for which registration is sought; or

      (ix)   Any combination of the above substances.

      (4)    The test substance should be within the limits, if any,
certified in accordance with the requirements of 40 CFR § 158.110.

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                                 28

     (5)    The test substance should be stored under conditions
that maintain its stability.

     (6)    If a vehicle is used to dissolve or dilute the test
substance, it should be chosen to possess as many of the fol-
lowing characteristics as possible:                  ;

     (i)    It should not interfere with absorption, distribution,
metabolism, or retention of the test substance;

     (ii)   It should not materially alter the chemical properties
of the test substance and not materially enhance, reduce, or
alter the toxic characteristics of the test substance;

     (iii)  It should not materially affect the food and water
consumption of the test organisms; and

     (iv)   At the levels used in the study, it should not produce
physiological effects or have local or systemic toxicity.  In
addition, such a vehicle should, if possible, have a solvent
polarity similar to the vehicle to be used in the end-use
formulation.

     (d)    Test organisms.  (1)  All data submitted in support
of an application for registration should be derived from tests
conducted in accordance with good laboratory or field practices
for handling and caring of test organisms.  Only healthy
organisms may be used, and they should be kept in conditions
conforming to good husbandry or cultural practices.  (See Animal
Welfare Act, Pub. L. 94-279.)

     (2)    The organisms in each test should, as nearly as
practicable, be of uniform weight, size, and age.

     (3)    Organisms should be randomly assigned to test groups
to minimize bias and assure comparability of pertinent variables.

     (4)    The number of organisms tested per concentration,
and the number of concentrations or dosage levels evaluated should
be sufficient to yield statistically sound data.

     (5)    Organisms selected for testing should be species of
wildlife and aquatic organisms currently established in the United
States and its coastal waters, and should be phenotypically
indistinguishable from wild species.

    •(6)    In no circumstances shall threatened or endangered
species be used as test organisms.

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                                  29
      (7)    Observations.  Observations should be made as frequently
 as necessary to record all signs of intoxication and abnormal
 behavior.
 § 70-4  Reporting and evaluation of data.


      (a)     General policy.  This section establishes general
 guidance  for reporting and evaluation of data which apply to all
 tests in  this subdivision.  In the case of conflict between general
 and specific guidance for reporting and evaluation of data, the
 latter will govern.

      (b)     Basic standards for reporting and evaluation.  (1)
 Each test report should include all information necessary to
 provide a complete and accurate description of test procedures
 and evaluation of the test results.

      (2)     Each test report should include a summary of  the
 data,  an  analysis of  the data,  enough data for the Agency to
 verify calculated statistical  values,  and a statement of  con-
 clusions  drawn from the analysis.   The summary should be  of
 sufficient  detail to  permit the reader to independently under-
 stand the conclusions.

      (3)     The  metric  system  should be used  in test reports;
 the  English system may  also  be  used.

      (c)     Standards for  specific asaects of  reporting and evalua-
 tion.   In addition  to the  guidance provided by other sections of
 this  subdivision,  each  test  report  should include  or reference  the
 following information!

      (1)     Test method.   (i)   Statement  of test method used
 and a full  description  of  the experimental  design  and procedures
 [see also paragragh (c)(8) of this section];

     (ii)     The  length  of the study and the dates  on which  the
 study began  and  ended;

     (iii)  The  name and address of the laboratory performing
the test;

     (iv)    The  location where  the test was performed; and

     (v)    Name(s) of the principal investigator(s).

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                                 30

     (2)    Test substance,  (i)  Identification of the test
substance/ including composition, chemical name and percentage of
active ingredient, molecular structure of the active ingredient,
and qualitative and quantitative description of the chemical
composition including the results of the analysis referenced
in § 70-3(c)(4).

     (ii)   Manufacturer, lot and sample numbers of the test
substance.

     (3)    Test organisms,  (i)  Identification of test organisms
(scientific names);

     (ii)   Rationale for selection of species, if the species
used is different than that preferred under the different sections
of this subdivision.

     (iii)  Age, sex, size, life stage, and/or weights, as provided
by the different sections of this subdivision;

     (iv)   Source of supply of the organisms;

     (v)    Method used in assigning test organisms to test and
control groups;

     (vi)   Number of organisms per dose or concentration level
and in control group;

     (vii)  Description of any pretest conditioning, including
diet; and

     (viii) History of colony, including record of observed
diseases and disease treatments.

     (4)    Dosing or treatment.  (i)  Identification of method,
route, and frequency of administration of test material, and
randomization plan for treatments (when appropriate) .

     (ii)   Length of treatment period;

     (iii)  Rationale for selection of method,  route, or frequency,
if different from that•reconmended in this subdivision;

     (iv)   Total volume of material administered (test substance
plus carrier)  to each test organism or in feed or water at each
time administration is made;

     (v)    Any vehicle used to dissolve or dilute the test
substance, or used to mix the test substance with the feed;

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                                  31
                                                s
      (vi)    Doses or  concentrations of  test  substances
 administered (i.e., milligrams of  test  substance  per kilogram of
 body  weight  of the organisms or  parts per million of the  test
 substance  in the feed or water)  and method of determination of
 dose  or concentration levels;

      (vii)   Dosing or treatment  of  control organisms;  and

      (viii)  A description  of the steps  taken to maintain  the
 concentration s) , if  the test substance is administered in  the
 feed  or water and data  from other  subdiyision(s)  suggest  that
 the actual concentrations  over the  length of the  test  may
 decrease by  30 percent  or  more.

      (5)     Observations .  (i)  Frequency, duration, and  method
 of observation, including:            -  '•

      (ii)    Detailed  description of  the nature, incidence, time
 of occurrence, severity, and duration of  all observed  toxic
 effects, including death and any other  abnormal or unusual signs
 and symptoms; and

      (iii)   If gross  pathological examinations are performed,
 a description of all  abnormalties observed.

      (6)     Environmental  conditions .   (i)  Wildlife species
 (mammals and birds).  A description  of  the housing conditions
 during and,  if known, prior to the  test, including:

      (A)    Number of animals per cage  (see Animal Welfare Act,
Pub. L. 94-279);

      (B)    Ambient temperature and humidity;

      (C)    Photoperiod and lighting;

      (D)    A description of the diet, including identification
and composition;

      (E)    Source  of animal feed and water;  and
                                        •i
      (F)    Dimensions of  test pen(s).
            Aquatic species (fish and invertebrates).  A description
of the test chamber conditions , including:.

     (A)     Number of organisms per test chamber;

     (B)     The highest, lowest, and average water temperature;

     (C)     Photoperiod and lighting;

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                                  32

      (D)    A description of the diet, including identification
 and composition, and.''sources of feed;

      (E)    The source of dilution water, its chemical characteris-
 tics, and description of any pretreatment; •

      (F)    Methods used for, and results of, all chemical analyses
 of water and all toxicant concentration determinations at
 beginning, during, and at end of tests, including validation studies
 and reagent blanks, if there is reason to suspect that the con-
 centrations administered to the test water do not approximate the
 actual concentrations;

      (G)    The depth  and volume of solution and dimensions of
 aquatic test chambers; and

      (H)    A description of the toxicant delivery system and flow
 rate,  expressed as the average  number of  water volumes of test
 solution passing through each test chamber in 24 hours (recommended
 for flow-through aquatic tests).

      <7)    Data analysis.   (i)   Tabulation of the response data
 at.each treatment level,  including:

      (ii)    Calculation of  the  LD50,  LC50,  EC50,  and  the  95 per-
 cent confidence  intervals when  sufficient  doses  and test  organisms
 are used to  establish  a dose-response line;

      (iii)   No-observed-effect  level;  and

     (iv)    Statistical method(s) used for  analyzing  data and
 a reference  to it  (them) in published literature.   If  there is a
 deviation from the published method,  an explanation of the  change
 and a rationale  for its use should be  included.

     (8)     References.  (i)  The Agency will  accept references to
 the data as  long as the complete text  of the referenced data is
 readily  available for Agency review.

     (ii)   The applicant should submit citations of protocols
used for testing, or list references to any published  literature
and copies of unpublished literature used in developing the test
protocol, performing the testing/ making and interpreting obser-
vations, and compiling and evaluating the results.

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                                   33

  Series  71:   AVIAN  AND MAMMALIAN  TESTING


  § 71-1  Avian  single-dose  oral LD50 test.


       
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                                  34

      (2)    Mean body weights for each test and control group
 at initiation and termination of test;

      (3)    Diet used;

      (4)    Description of any antibiotics, vitamins, or food
 additives added to the feed preceding or during testing;

      (5)    Pen dimensions;

      (6)    Whether the pen is indoors or outdoors;

      (7)    Weather conditions,  if pen is outdoors;

      (8)    Total feed consumption for each test and control
 group;

      (9)    Preparation of test  material;

      (10)    Amount'of test material dosed per bird;

      (11)    Amount of diluent dosed per bird,  if used;

      (12)    Number of birds per  treatment level;

      (13)    Number of controls used;

      (14)    LD50  in mg/kg,  with  95  percent confidence limits;

      (15)    Method used for calculation of LD50;

      (16)    Slope  of  the dose  response  line;

      (17)    Time and  date of mortalities;

      (18)    All signs of intoxication and regurgitation  if any
occurs;  and

      (19)    Any gross pathological  changes  as noted by gross
necropsies,  if conducted.

      (d)     Acceptable protocol.  The following is an example
of an acceptable protocol for conducting an avian single-dose
oral LD50 study.  This study is a modification of a study that
appears in an unpublished draft report to EPA from the American
Institute of Biological Sciences (AIBS), titled Analysis of
Specialized Pesticide Problems, Volume VI, Wildlife Toxicology
Study, Pages 10 to 16.  This report is dated October, 1974 and
was funded under EPA Contract No. 68-01-2457.

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                     35

Species and history.  The test species of choice
are pen-reared bobwhite and mallards not less than
16 weeks of age at initiation of test.  Birds
should not have been mated before being placed on
test.  A history of rearing practices such as
photoperiod, medication, and type of food should be
included in the report.  All lots of birds should
be healthy and of uniform size, weight, and parity.
All lots should be weighed, then maintained for a
minimum of 15 days prior to the test.  If tested
indoors, temperature and humidity should be con-
trolled, with freedom from drafts and sudden noises
which could disturb the test birds.  Any lots of
birds that suffer an abnormal .weight loss or suffer
more than 10 percent mortality during the holding
period should not be used.

     Cages.  All birds should be caged by treatment
level groups or subgroups under acceptable animal
husbandry practices.

     Weight.  All birds should be weighed at the
beginning of the test, and on day 14 after
administration of the test substance.  Also, birds
should be weighed at the termination of the test
if it extends beyond 14 days.

     Diet and fasting.  Feed should be withheld
from the control "and test birds (bobwhite and mal-
lard) for 15 hours prior to oral administration of
the chemical.  At all other times, birds should
have free access to feed.  The diet should be
standard feed ration known to be adequate for game
birds.  Feed consumption should be determined for
treated and control birds.  The feed consumed should
be calculated as average daily food consumption for
each dose level.

     Preparation of test material.  1.  The test
material should be administered without the use of
a vehicle, if possible.  The test material should
be accurately weighed and put directly in gelatin
capsules.  If the chemical is first dissolved in
an evaporative vehicle (e.g., acetone, methylene
chloride) in preparation for use with capsules, the
evaporative vehicle should be completely evaporated
at room temperature before the capsules are used.

     2.  If a vehicle is required, the preferred
vehicle is distilled water.  Other acceptable
vehicles include table grade corn oil, propylene

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                      36

 glycol,  1 percent carboxymethylcellulose, and gum
 arable (acacia).   The reccmmended maximum amount
 of  vehicle per dosage is 0.1 to 1 percent of body
 weight.   The total volume for all dosage levels
 should approximate a constant volume-to-body weight
 factor.      .',, -   • ,    , ..v. .,,.-.   ..    , ,,•

      3.   A concurrent vehicle control  is required.
 Vehicles  known to be toxic,  synergistic, or antagonistic
 should not be  used.   The vehicle should  be administered
 to  the control birds at the  same volume  as the admini-
 stered to the  test animals receiving the vehicle and
 the .pesticide.       . . .              ;       ,

      Methods of administration.   The test chemical should
 be  placed by oral intubation into the  crop or proventri-
 culus.

      Number of birds per dose level.   The number of
 test  birds  per treatment level and the number of controls
 should be no less than ten.

      Dosage-mortality  data.   The factor  between dosage
 levels used to calculate  the acute  LD50  should be based
 on  a  geometric or logarithmic  scale.   After  preliminary
 screening,  there  should  be a minimum of  5  dosage
 levels used  in calculating the acute oral  LD50.   The
 calculation  of an  acute  oral LD50  should follow any
 generally acceptable method.   Two  examples of
 acceptable  methods are Thompson  and Weil (1952)  and
 Litchfield  and Wilcoxon  (1949).

      In cases  where  the LD50  is  found  to be  in  excess
 of  2000 mg/kg, based upon the  10 or more birds  per
 dosage level,  data should show that less  than half
 of  the birds died at the  200Q  mg/kg dosage level.   If
 any birds die at this level,  sequentially lower  levels
 should be tested to provide  a  dose-response  series
 which includes at  least one  level at which no
mortality occurs.

     Period of observation.  The test  animals should
 be observed for a.minimum of 14  days.  The observation
period should be  longer  if signs of toxicity are
 still evident.  The time  of  all  deaths should be
recorded by day.  If more than 1 control  bird (i.e.,
 10 percent) dies during the test period, the test may
be considered invalid, depending on the  circumstances
and apparent cause of mortality.

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                                  37

                 Gross necropsy.  Gross  necropsies  can give  valuable
           •  additional data and they are encouraged,  but  are not
             required.  When gross necropsies  are  conducted,  they
             should be conducted on all dead birds and sufficient
             numbers of surviving  birds to  characterize any gross
             lesions in dead birds.  Gross  necropsies  include general
             inspection of digestive tract, liver, kidneys, heart,
             and spleen.  Any gross pathological changes shall  be
             reported.

                 Recording of signs of intoxication.   All signs
             of intoxication should be recorded as they occur.

     (e)     References.  The following references can provide  useful
background information in developing acceptable protocols; some
outline useful statistical procedures for  handling  data.

     (1)     Litchfield, L.J., and F. Wilcoxon.  1949.  A simplified
method of evaluating dose-effect experiments.  J. Phannacol. Exp.
Therap.  96(2) :99-133.

     (2)     Schafer, E.W., R.B. Bruntox, N.F. Lockyer, and J.W.
Degrazio.  1973.  Comparative toxicity of  seventeen pesticides to
the quelea, house sparrow and red-winged blackbird.   Toxicol. Appl.
Pharmacol.   26:154-157 (See also page 279.)

     (3)     Thompson, W.R. , and C.S. Weil.  1952.  On  the
construction of tables for moving average  interpolation.  Biometrics
8:51-54.                '                                  ~~        ~~

     (4)     Tucker, R.K. , and D.G. Crabtree.  1970.   Handbook on
Taxicity of  Pesticides to Wildlife .  Fish  and Wildlife Service
Resource Publication 84.  U.S.  Dept. Interior, Washington, D.C.,
(See esp . pp 6 & 7.)

     (5)     Tucker, R.K., and M.A. Haegele.  1971.  Comparative
acute oral toxicity of pesticides to six species of birds.  Toxicol.
Appl. Pharmacol.  20:57-65.  (See esp. pp. 57-59.)


§ 71-2  Avian dietary LC50 test.
     (a)    When required.  (1)  Data on the avian dietary toxicity
of a pesticide are required by 40 CFR § 158.145 to support the
registration of an end-use product intended for outdoor application,
and to support each application for registration of a manufacturing-
use product which may be used to make such an end-use product.

     (2)    Data on the avian dietary toxicity of a pesticide are
required by 40 CFR § 158.145 on a case-by-case basis, to support the

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                                  38

registration of an end-use product intended  solely  for  indoor
application, and to support each  application for  registration
of a manufacturing-use product which may be  used  to make  such an
end-use product.

     (3)  See 40 CFR § -158.50, " Formula to rs'  exemption,"  to  de-
termine whether these data must be submitted.  Section  II-A  of
this Subdivision provides an additional discussion  on this subject.

     (b)    Test standards. :Data sufficient to satisfy the
requirements 40 CFR § 158.145 should be derived from tests which
comply with the general test standards in  §  70-3  and the  following
test standards:                        .           .-!....-.-

     (1)    Test substance.  Data shall be derived  from testing
conducted with the technical grade of each active ingredient
in the product.             ,

     (2)    Species.  Testing should be performed on two  avian
species:  one species of wild waterfowl (preferably the mallard)
and one species of upland game bird (preferably the bobwhite).
One of the two species selected for these studies should  be the
same species selected for the avian acute oral LD50 study, §  71-1.

     (3)    Age.   Bobwhite quail used in this study should be
from 10 to 14 days old and mallards should be 5 to  10 days old
at the beginning of the testing period.  Within a given test,
all birds should be from the same hatch.

     (4)    Determination of LC50.  Satisfactory  data should
establish that tne 8-day dietary  (5 days treated diet and 3
days clean diet)  LC50 is greater than 5000 ppm or establish
an LC50 value and corresponding 95 percent confidence intervals.

     (c)    Reporting and evalution of data.   In addition to
the information provided in §  70-4, the test report should contain
the following information:

     (1)    Age of birds (days);

     (2)    Breeding history of test birds;

     (3)    Source and strain of test birds;

     (4)    Mean  body weights  for each test and control group at
initiation and termination of  test;

     (5)    Test  diets;                 .

     (6)    Description of any antibiotics,  vitamins, or  food
additives added to the feed preceding or during testing;

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                                  39

      (7)    Number of  birds per concentration;

      (8)    Signs of intoxication (including unusual  responses
to chemical) by test birds;

      (9)    Total food consumption for  each test  and  control
group;

      (10)   LGSO determinations (ppm) with 95 percent confidence
limits;

      (11)   Specific method used  to calculate LCSO's; and

      (12)   Slope of concentration response line.

      (d)    Acceptable protocols.  The  following are  examples of
acceptable protocols for conducting an  avian dietary  LCSO study.

      (1)    This protocol is a modification of a protocol that
appears in an unpublished draft report  to EPA from the American
Institute of Biological Sciences  (AIB:S) , titled Analysis of Spe-
cialized Pesticide Problems, Volume YI, Wildlife Toxicology Study,
pages 17 to 22.  This report is dated! October, 1974 and was funded
under EPA Contract No.  68-01-2457.   '

                 Test.   This method determines a chemical's
            toxicity to birds expressed as the median lethal
            concentration (LCSO) of the chemical (technical
            material)  in dry diet [the LCSO being the parts
            per million (ppm)  toxicant in ad libitum  diet
            expected to produce 50 percent mortality  among
            birds in 8  days (5 days oh treated diet followed
            by at least 3 days on untreated diet)].

                 Species.  This protocol is appropriate, with
            modification (e.g., acclimation to test diet), for
            most bird species, but it addresses primarily the
            mallard and bobwhite.         '      •    *

                 Source of strain of birds.   Test birds should
            be pen-reared and phenotypically indistinguishable
            from wild birds.  It is recommended that only
            birds be  used from colonies that have had breeding
            histories maintained for them,  it is also preferred
            that test birds be from the same hatch.

                 Age  and sex.   Bobwhite quail  should be from TO
            to 14 days  old and mallard should  be 5 to 10 days old
            at the  initiation of the  test,  it should be noted
            that LCSO determinations  may be  affected by the age of
            the birds at the time  of  testing.   Therefore,  within a

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                      40

 given test all birds should be the same age.  A random
 selection of birds without regard to sex may be used.

      Health of birds.  Only birds in apparent good
 health should be used.   Birds with obvious abnor-
 malities, injuries, or  sickly appearance shall be
 excluded.  Test birds should be preconditioned to
 the test facilities and untreated test diet for as
 long as possible prior  to the beginning to the test.

      Pen facilities. Pen conditions should conform
 to good husbandry practices.  The facilities as
 described in the following paragraphs are con-
 sidered to be satisfactory.

      (1)   Size.   Bobwhite (about 10 birds per pen)
 may be tested in commercial brooder units with
 individual pens  measuring approximately 35 x 100 x
 24 cm high.   Waterfowl  (mallards)  may be tested in
 pens 70 x 100 x  24 cm high.  Floors and external
 walls can be of  wire mesh,  while ceilings and common
 walls may be of  galvanized sheeting.

     ••• C2T ~T-emperature and relative humidity.   For
 bobwhites and mallards,  brooder temperature should
 be about  35°C,   It can  be maintained  with thermo-
 statically controlled central  heating.   Temperature
 outside the  brooder may range  from 22-27°C.   The
 relative  humidity should generally be not less than
 30 nor more  than 80 percent.   Adequate  ventilation
 should be maintained.

      (3)   Lighting.   Fluorescent or incandescent
 lighting  may  be  supplied with  varying light
 regimes.   A  diurnal photoperiod is  recommended;
 however,  lighting maintained continuously,  i.e.
 24 hours  per  day,  is also acceptable.

      (4)   Pen  locations.  Generally,  studies
 conducted  indoors  provide better control  of
 environmental  conditions, and,  if predators are
 a  problem, better  protection from predation.
 However,  studies  can be  conducted outdoors and
 still provide  suitable  data.

      (5)  Test diets.  A standard commercial  game
bird diet  (mash  form) or its equivalent should be
used.  Water should be continuously available.  The
test material should be added  to the  diet without  the
use of a vehicle,  if possible.  If a vehicle  is used,
the preferred vehicle is distilled water.  However,

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                      41

when a test  chemical  is not water-soluble,  the
test material may be  dissolved in  a  reagent grade
evaporative  vehicle (e.g., acetone,  methylene
chloride) and mixed with  the test  diet.  The vehicle
must be completely evaporated at room temperature
prior to feeding.  Other  acceptable  vehicles include
table grade  corn oil, propylene glycol,  1 percent
carboxymethy1cellulose, and gum arabic  (acacia).
The vehicle  and the dissolved test material should
be mixed thoroughly with  dry commerical  mash
in a ratio of 2 parts of  solution  to 98  parts of
feed by weight.  An equivalent amount of vehicle
should be added to untreated! diets. .Diets  can be
mixed by commercial mechanical food  mixers.
Mashes and; toxicant should be freshly mixed in
small quantities.  Then mixtures should :be  ccm-
bined with larger quantities of mash  to  provide
uniformity in..the final dietary concentration
of pesticide in, the mash.               : ,

     Concentrations and dosage.mortality data.
Generally, each chemical  should be administered in
at leas.t 4 dietary concentrations  (but 5 :or 6 are
preferred) spaced geometrically over  a stian
intended to produce mortality ranging frcin  10 to
90 percent.  It is advisable to perform a range-
finding study prior to selecting concentrations
for testing.

     Ten birds per concentration and  10 birds
for the control group are recommended.  Experimental
variation may require more than 10 birds, and in
some cases fewer than 10  birds may be used.

     In cases where the LC50 is found to be in excess
of 5000 ppm by dietary exposure, based upon the 10
or more birds per dosage  level, data  should show that
less than half the birds  died at the 5000 ppm dosage
level.  If any birds die  at this level, sequentially
lower levels should be tested to provide a dose-
response series which includes at least one level
in which no mortality occurs.

     Observations on signs of intoxication.  Through-
out the test, all signs of intoxication and abnormal
behavior should be noted.  Any unusual manifestation
of the chemical to the test birds should be recorded.
The period after the 5-day exposure of birds to
treated diets should be extended for at least 3 days
or for as long as test birds exhibit toxic signs
and continue to die.

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                                 42

                 Food consumption.  Estimates of  average  food
            consumption should be made  for each pen  of  birds
            in each test.  Care should  be taken to see  that
            feed spillage or air contamination by volatile
            chemicals from pen to pen does not take  place.

                 Statistical procedure  for handling  data.
            The LC50 values and associated statistics can be
            derived by methods of probit analysis as described
            by Finney (1971) and programmed for computer by
            Daum and Killcreas (1966).  The application of
            the basic proJait method by  Litchfield and
            Wilcoxon (1949), Miller and Tainter (1944), or
            other appropriate sources may be utilized*

     (2)    ASTM standard E-857-81, Standard practice for
conducting subacute dietary toxicity tests with avian species.
American Society for Testing and Materials, 1916  Race Street,
Philadelphia, PA  19103.;        .••;-'

     (e)    References.  The following  references can provide
useful background information in developing acceptable protocols;
some outline useful statistical procedures for handling data.

     (1)    Daum, R.J.  1970.  Revision of two computer programs
for probit analysis.  Bull. Entomol. Soc. Am.  16(1):10-15.

     (2)    Daum, R.J. , and W. Killcreas.  1966.  Two ccmputer
programs for probit analysis.  Bull. Entomol. Soc. Am.
12(4):365-369.

     (3)    Finney, D.J.  1971.  Probit Analysis.  3rd Ed.
Cambridge University Press:  London and New York.

     (4)    Heath, R.G., J.W. Spann, J.R. Kreitzer, and C. Vance.
1970.  Effects of polychlorinated biphenyls on birds.  Presented
at XV International Ornithological Congress, The  Hague, 30 Aug. -
5 Sept., 1970.  Pp. 475-485 in Proceedings of the XV Int. Ornith.
Congress.  K.-H. Voous, ed.  Published by E.J. Rill, Leiden.

     (5)    Heath, R.G., and J.W. Spann.  1973.   Reproduction and
related residues in birds fed mirex.  Pp. 421-435 in Pesticides
and the Environment:  A Continuing Controversy.   Win. B. Deichman,
ed.  Intercontinental Medical Book Corp.  N.Y.,-N.Y.  (Selected
Papers, 8th Inter-Amer.  Cong, on Toxicol. & Occupat. Med., Univ.
of Miami, School of Med., Miami, Florida.)

     (6)    Hill, E.F. , R.G. Heath, J.W. Span, and J.D. Williams.
1975.  Lethal dietary toxicities of environmental pollutants  to
birds.  U.S. Fish and Wildlife Service Special Scientific Report -
Wildlife No. 191.  U.S. Dept. Interior, Wash., D.C.  61 pp.

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                                  43

      (7)     Litchfield,  J.T.,  Jr.,  and F.  Wilcoxin.   1949.   A
 simplified method of  evaluating dose-effect experiments.   J.
 Pharmacol. Exp.  Therap.   96(2):99-133.                    ~

      (8)     Miller, L.C.,  and  M.L.  Tainter.  1944.   Estimation of
 ED50  and  its error by means  of  logarithmic-probit graph paper.
 Proc.  Soc. Exp.  Biol.   57:261-264.

      (9)     Weil,  C.S.   1952.   Tables for  convenient calculation of
 median-effective dose (LD50  or  ED50)  and instructions in  their
 use.   Biometrics 8:249-262.
 §  71-3  Wild mammal toxicity test.
      
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                                  44

      (1)     Test substance,   (i)  Generally,  data shall be derived
 from testing conducted with  the technical grade of each active
 ingredient in the product.

      (ii)    In special circumstances,  data from testing conducted
-with the  applicant's  end-use formulation or  a typical end-use pro-
 duct may  be required  by 40 CFR §  158.75(b)  to support the registra-
 tion of an end-use product.   Examples  of such circumstances include,
 but  are not limited to:

      (A)     When effects of  the product  on the rumen fermentation
 process need to be determined,  or

      (B)     When secondary toxicity studies  need to be performed
 (e.g., product is introduced into prey species which is fed to
 predator  species).

      (2)     Species.   Testing should be  performed on a mammalian
 species representative of those found  in the area(s)  likely to
 be affected by the proposed  use pattern(s).   Test animals may
 be pen-reared  or wild captured, but should be phenotypically
 indistinguishable  from wild  mammals.   In no  case should endangered
 or threatened  animals  to be  used  for testing.

      (3)     Toxicity  determination.  When the animals  are large
 or the species  is relatively scarce, a study which determines
 only  the approximate maximum tolerated dosage for the  test  species
 may be acceptable.  In all other  cases,  the  acute oral LD50,  dietary
 LC50, or dietary no-effect level  should  be determined,  following
 consultation between  the Agency and the  registrant.

      (c)     Reporting  and evaluation of  data.   In addition  to
 the information provided in  § 70-4, test reports  should contain
 the following information:

      (1)    Age of each animal  and  how determined;

      (2)    Mean body  weight  for  each test and  control  group at
 initiation and termination of test;

      (3)    Number of  animals of  each sex of  animal tested;

      (4)    Total food consumption  for each  test  and control  group;

      (5)     Test diet;

      (6)     Dose schedule;

      (7)     Mortality;

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        .-•                        45       •'••.-•

     (8)    Number and circumstanced o£ accidental deaths or
injuries;

     (9)    LD50 (in mg/kg) or LC50 (in ppm) with 95 percent
confidence limits, or estimated maximum tolerated dose;

     (10)   Specified methods used to calculate LD50 or LC50; and

     (11)   Slope of the dose-response line.

     (d)    Acceptable protocols.  Because the Agency intends
that toxicity tests on mammals, other than those required by
40 CFR § 158.135, be conducted only to access specific situations,
no single test methodology can provide adequate guidance for
all cases.  In addition, there are no widely accepted protocols
that include husbandry practices appropriate to a diversity of
mammals.  Therefore, the test methodologies should be determined
on a case-by-case basis.  Appropriate tests methods should be
developed by the registrant in consultation with the Agency.  The
following are offered for guidance.

     (1)    Dietary LG50 and no-effect level tests.  Methods for
dietary tests may be adapted from the subchronic oral dosing studies
for mammals in Subdivision F, § 82-1, and/or from the avian dietary
LC50 study in this Subdivision at § 71-2.  See § 71-3(e) for
references.

     (2)    Toxicity studies for large and relatively scarce
mammals.  An example of an acceptable protocol for toxicity studies
with mammals that are large, relatively scarce, or otherwise difficult
to obtain is provided below.  This protocol is a modification of
a protocol that appears in an unpublished draft report to EPA
from the American Institute of Biological Sciences (AIBS), titled
Analysis of Specialized Pesticide Problems, Volume VT, Wildlife
Toxicology Study, pages 4 to 9.  This report is dated October,
1974 and was funded under EPA Contract No. 68-01-2457.

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                             46

                        Introduction
      The purpose  of  this  test  is  to  compare the  toxic effect(s)
 of a  pesticide on different  species  of  wild mammals.   As  such,
 precise LC50 values  are not  always essential;  rather, the
 approximate maximum  tolerated  dose can  be  estimated and the
 character  of the  toxic syndrome determined. Careful  observation
 and thorough necropsy examination are required.   A preliminary
 range-finding test should be first:conducted to  establish the
 approximate lethal dose,  and subsequent tests  with dosing of
 additional animals (in amounts determined  according to the
 geometric  progression, indicated by the  results:-of  standard
 mammalian  acute toxicity)  should  be  conducted  to  establish the
 approximate maximum 'tolerated  dosev  A  single  and/or  multiple
 dosing schedule may be used for the  test.   The "-latter schedule,
 if extended for 10 days or more,  can be used to-indicate  the
 relative chronicity of the pesticide in the wild species  in
 place of an extended subacute  to xi city: schedule;.   After dos-
 ing, animals should be observed for1  several days  for  delayed
 toxic effects.  Beyond simple  mortality, signs:of  intoxica-
 tion  such  as loss  of weight, anorexia,  arid  diarrhea are im-
 portant.  The general procedures  followed in testing  the
 toxicity of herbicides in cattle  and sheep  by  the  U.S. Depart-
 ment of Agriculture ' s Veterinary  Toxicology and'Entomology
 Research Laboratory (College Station, Texas),  Science and
 Education Administration  (formerly Toxicological  Investigation
 laboratory, Animal Disease and Parasite Research  Division,
 Agricultural Research Service)  are'-typical  and representative
 of common practice.   :
                  Methods and Materials
     The best policy to follow, within the constraints dictated by
the particular species selected, is to exercise the following sound
principles of animal selection and management.  Animals should be
in healthy conditions, as free of social and environmental stress
as possible, acclimated to diet, and uninfluenced by drugs.
Normally, adults of similar age, judged at least by body weight
(but preferably by additional methods as well), should be used, and
data from both sexes should be obtained if possible.  Use of reared
stock is generally preferable to live-trapped animals.

     Animal conditioning.  Animals selected from appropriate sources
should be allowed a prolonged period of acclimatization to the test
facilities and feed.  Use of replicate controls is desirable in
tests with wild mammals.

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                                 47

          Dose selection.   Dosage should be calculated on a rag/kg body
     weight basis  for the  active ccmponent(s)  of each chemical tested.
     Selection of  the dosage  rates for each type of test animal involves
     several variables.  The  initial dosage level should be estimated
     from existing acute toxicity data, and the toxic range found by
     trial and error.  When a toxic dosage is  found, additional dosages
     above and below this  rate should then be  applied to the other
     animals.  Where a step-by-step increase of dosage indicates
     increased toxicity, repetition of individual dosage is not
     necessary.       ';'<•.

          Chemical administration.  Oral dosing should be accom-
     plished by placement  in  the stomach of gelatin capsules contain-
     ing the test  substance.   A balling gun, or "drenching" (in
     which a solution or suspension of the chemical ,is introduced
     into the stomach by syringe and stomach tube), may be used.
     Occasionally  it is  necessary to conceal the dosing in an
     attractive food item. . Drenching usually involves water-
     diluted preparations  as  compared to undiluted material placed
     in capsules.   Data from  the U.S. Department of Agriculture's
     Veterinary Toxicology and Entomology Research Laboratory
     indicate general inconsistency between these forms of dosing,
     but no generalization is possible favoring one over the other.
     Use of a vehicle such as corn oil and its volume may also
     affect the acute toxicity evaluation.  For the immediate
     purpose of interspecies  comparisons, the solvent or dispersant
     should match  that used in the acute oral toxicity testing
     (i.e., § 81-1 of Subdivision F guidelines).  The volume admi-
     nistered orally should never exceed 3 percent of the body
     weight and should be  constant at all dosage levels.

          Absorption or effects related to the amound of feed in
     the digestive tract are  minimized by overnight starvation prior
     to administration of  the chemical dose.  Feed should be
     provided following dosing, and water ad libitum prior to and
     following dosing.  Withholding feed from ruminants serves little
     purpose; it is preferable to maintain such animals on restricted
     feed allotments calculated to maintain body weight.

          Dosing schedule  and test design.  Testing may use a
     single and/or a multiple dose schedule.  If the single dose
     schedule is used, the test animals should be observed for
     approximately ten days following the dose for signs of toxic
     effect, such  as loss  of  weight, anorexia, and abnormal function
     or behavior.   If a multiple dose schedule is used, the test
     animal should be observed during a series of 10 or more daily
     administrations and a minimum of 10 days following the last
     administered  dose'.

     (e)  References.  The following references can provide useful
background information in developing acceptable protocols:

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                                  48

      (1)     Large and relatively scarce mammals.

      Agr.  Res.  Service,  U.S.D.A.   Animal Disease and Parasite Research
 Division.   1969.   The toxicity of some organic herbicides to cattle,
 sheep,  and chickens.   A.R.S.   Production Research Report No. 106.  U.S.
 Dept.  Agriculture,  Wash.,  D.G.

      (2)     Small mammals  LC5CJ.   The following reference contains an
 acceptable protocol for  determining the dietary toxicity in small animals.

      McCann,  J.A.,  Teeters,  W.,  Urban, D.J.,  and Cook,  N. 1981.   "A
 Short  Term Dietary Toxicity  Test  on Small Mammals,11 Avian and
 Mammalian  Wildlife Toxicology;   Second Conference,  ASTM STP 757,
 D.W.  Lamb  and E.E.  Kenaga, Eds.,  American Society for Testing and
 Materials, Pp.  132-142.
 §  71-4  Avian  reproduction  test.
      (a)    When required.   (1)  Data  on avian reproductive  effects
are required by 40 CFR  §  158.145 to  support  the registration of  an ,
end-use product which meets  one or more  of the following  criteria:

      (i)    Its labeling  contains directions for using the product
under conditions where  birds may be  subject  to repeated or continuous
exposure to the pesticide or any of  its  major metabolites or
degradation products, especially preceding or during the  breeding
season.                                                         •

      (ii)   The pesticide or any of  its  major metabolites or
degradation products are  stable in the environment  to  the extent
that potentially toxic  amounts may persist in avian feed.

     (iii)  The pesticide or any of  its  major metabolites or
degradation products is stored or accumulated  in plant or animal
tissues, as indicated by the partition coefficient  of  lipophilic
pesticides (§§ 165-3, -4, and -5 of  Subdivision N) metabolic release
and retention studies (§ 85-1 of Subdivision F), or as indicated by
structural similarity to known bioaccumulative  chemicals.

     (iv)   Any other information, such  as that derived fron mammalian
reproduction studies (§ 83-4 of Subdivision  F), that indicates the
reproduction in terrestrial  vertebrates  may  be  adversely  affected
by the anticipated use of the pesticide  product.

     (2)    Applicants for registration  of avicides should consult
with the Agency prior to conducting this test.

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                                 49

     (3)   See 40 CFR § 158.50, "Formulators' exemption," to determine
whether these data must be submitted.  Section II-A of this Sub-
division provides an additional discussion on this subject.

     (b)   Test standards.  Data sufficient to satisfy the require-
ments in 40 CFR § 158.145 should be derived from tests which comply
with the general test standards in § 70-3 and all of the following
test standards:

     (1)   Test substance.  Data shall be derived from testing
conducted with the technical grade of each active ingredient in the
product.

     (2)   Species.  Testing should be performed on the bobwhite
quail and mallard.

     (3)   Dose levels.  At least two treatment level groups and a
vehicle control group should be used.

     (4)   Number of test animals.  When other test data reveal
bioaccumulative potential, the number of test animals in the test
group should be increased sufficiently to partly offset animal
deaths or data-gathering problems associated with morbidity or with
tissue residue determinations.

     (5)   Age.  Birds approaching their first breeding season should
be used.

     (6)   Duration of administration.  Birds should be exposed to
treated diets beginning not less than 10 weeks before egg laying is
expected, and extending throughout the laying season.

     (c)   Reporting and evaluation of data.  In addition to the
information provided in § 70-4, the test report should contain:

     (1)   Test results.  The following information, reported for
all test groups:

     ( i)   All observed abnormal behavior;

     (ii)  All observed morphological and physiological responses;

     (iii) Post mortem autopsy.                ,   ' '

     (2)   Test conditions.  The following information, reported
for each treated and untreated test group:

     (i)   Species;

     (ii)  Strain;

     (iii} Age;

           Body weight;

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                                  50

      (v)    Number of birds per test  (include  sex  ratio);

      (vi)   Individual identification of birds;

      (vii)  Diet;

      (viii) Storage;

      (ix)   Feed consumption  (grams per day) ;

      (x)    Observation on palatability or repellency;

      (xi)   Housing conditions of test birds-, including:

      (A)    Space allocations for mating and nesting;

      (B)    Protection from weather and injuries;  and

      (C)    Lighting program, including hours per  day and wattage
or foot candles at bird level;

      (xii)  Diagram of test layout;

      (xiii) Temperature;

      (xiv)  Water supply;

      (xv)   Pretest and test history or medical and chemical
administration; and

      (xvi)  Length of treatment period and observation period.

      (3)    Egg and hatching data.  The following information, reported
for each treated and untreated test group:

      (i)    Egg shell thickness;

      (ii)   Number and percent of cracked eggs;

      (iii)  Eggs laid (number eggs per bird per day and per season);

      (iv)   Hatching egg storage  data:

      (A)    Temperature;

      (B)  , Humidity;

      (C)    Incubation data;

     (D)    Eggs set;  and

     (E)    Egg turning frequency;

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                                 51

     (V)    Fertility  (viable embryos);

     (vi)   Live 3-week embryos;

     (vii)  Embryos that mature, embryos that pip shell, and embryos
that liberate themselves, and a determination of hatchability;

     (viii) Dead embryos;                                        -  .

     (ix)   Fourteen-day-old survivors;

     (x)    Crippled survivors;

     (xi)   Post-hatching mortability;

     (xii)  Weights of fourteen-day-old survivors; and

     (xiii) Any signs  of intoxication in post-hatching survivors.

     (4)    Feed analysis data.   Levels of concentration of
pesticide in the feed  used in each test, and the rationale for
choice of such levels.

     (d)    Acceptable protocol.  Except where noted, the following
example of avian reproduction protocol is acceptable for the testing
of both bobwhites and  mallards.  This study is a modification of a
study that appears on  pages 23 to 50 in an unpublished draft report
to EPA from the American Institute of Biological Sciences (AIBS),
titled analysis of Specialized Pesticide Programs, Volume VI,
Wildlife Toxicology Study.  The report is dated October, 1974, and
was funded under EPA Contract No. 68-01-2457.

                   Test animals.  Pen-reared birds,  previously
            untreated, approaching their first breeding season,
            and phenotypically indistinguishable from wild birds,
            should be  used as test animals.  If shipped, all birds
            should be  examined following shipment for possible
            physical injury that may have been encountered in
            transit.   If deemed necessary,  several birds may be
            randomly selected for pretreatment necropsy at a diag-
            nostic laboratory to assess the state of health upon
            arrival.   It is desirable to have a 2- to 6-week health
            observation period prior to selection of birds for
            treatment.

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                      52

       A history of rearing practice  for the  birds  to
be tested should be obtained  if  possible.   This  history
should include lighting practices during rearing,
disease record, drug  and any  other medication adminis-
tered, and exact age.

       Test groups -  Bobwhite.   A minimum of  3 test
groups of bobwhite should be  used.  One  group should
serve as a control and 2 groups  as treated  birds.   By
random distribution,  1 male and  2 females per pen,
replicated by a. minimum of 12 pens, should  be used  per
group.  If individual pairs (1 male and  1 female) are
to be used per pen, more pens (greater than 12)  per
test group should be  used to  proide similar sensitivity
to the group testing  design.  To determine  the number
of pens needed for a  particular  level of  sensitivity,
see Waipole and Myers (1972).  Control and  treated
birds should be kept  under the same experimental con-
ditions .        •

       Test groups -  Mallards.   A minimum of  3 test
groups of mallards should be  used.  One  group should
serve as a control and 2 groups  as treated  birdss.   Bv
random distribution,  2 males  and 5 females  per pen,
replicated by 5 or more pens, should be used  per group.
If individual pairs (  1 male and  1 female) are to be
used per pen, considerably more  pens  (greater than  12
per test group should be used to provide similar sen-
sitivity to the group testing design.  To determine
the number of pens needed for a  particular  level of
sensitivity,  see Walpole and  Myers (1972).  Control
and treated birds should be kept under the  same  experi-
mental conditions.

       Diet preparation.  Concentrations for  the test
substance should be based on measured or calculated
residues expected in  the diet from the proposed use
pattern(s).  The concentrations  should include an
actual or expected field residue exposure level and  a
multiple level such as five.  The highest nonlethal
level may be estimated from data developed  from the
avian dietary LC50 (§71-2).

       The test material should  be added to table grade
corn oil or other appropriate >vehicle and  premixed
with an aliquot of basal diet, utilizing a mortar and
pestle or mechanical blender.  It is recommended that
the aliquot of basal diet used for the premix be
screened to remove large particles of diet  before
blending in the corn oil and test material .   The final
diet should be a uniformly mixed composition  consisting
of 98 to 99 parts by weight of basal diet and 1 or  2

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                     53

parts by weight of corn oil.  The basal diet should be
a commercial game bird breeder ration (or its equivalent)
that is treated with an equivalent amount of vehicle.
The premix should be stored under conditions which
maintain stability.  Test diets should be analyzed for
pesticide concentrations at intervals during the tests.
If other long-term animal tests have demonstrated a
propensity for the test chemical to persist or bioac-
cumulate, the degree .of bioaccumulation in birds should
be determined by measurement of tissue residues in the
birds from an extra pen group put through the reproduc-
tion test.  Two or three tissues should be selected
for residue analysis at the end of the exposure period,
based on tissues known from other studies to hold
highest residues.

     Testing phase - test environment.  The birds
should be housed in breeding pens of adequate size
conforming to good husbandry practices.  The malla.rd
pens should be screen-bottomed or kept clean of
spilled food and excrement.  It is desirable to offer
mallards water in which to bathe.

     Since light is extremely important, both during
rearing and during the egg laying period, all birds
should be maintained for the first 8 weeks under a
regime of 7 hours of light per day for maximum egg
production.

     The photoperiod should then be increased to
16-17 hours of light par day and either maintained
at this level or increased by 15 minutes per week
for the following 12 weeks.  (The 12-week period
may vary depending upon the time required for the
onset of egg production.)  An illumination intensity
of 6 footcandles at the bird level during the lighting
phase of the reproductive study is adequate.  Avoid
the use of shorter wavelength "cool white" fluorescent
lights which do not emit the daylight spectrum.

     Temperature and relative humidity control through-
out the reproductive test is desirable and should be
recorded.  Recommended levels are 21 °C and 55 percent
relative humidity.  Ventilation is necessary.

     Feeding and husbandry.  All birds should receive
the appropriate diet ad libitum for the duration of
the study.  Water is to be provided ad libitum.   The
test chemical should be administered for at least 10
weeks prior to the onset of egg laying.

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                     54

     Body weights should be recorded at test initiation
prior to onset of laying, and at termination.  During
egg laying,% body weight recording is discouraged because
of the adverse effects that handling may have on egg
production.

     Food consumption should be recorded at least
at biweekly intervals throughout the study.

     Mortality should be recorded by date and morbidity
(noted together with clinical signs) throughout the
test phase.  Gross pathology data should be obtained
for birds that die during the course of the test phase
and for some survivors.

     Egg collection, storage, and incubation.  All eggs
should be collected daily, marked according to pen
from which collected, and stored at 16°C and 65 percent
relative humidity.  Eggs should be set at weekly
intervals for incubation in a commercial incubator.
All eggs should be candled on day 0 for eggshell
cracks; on approximately day 11 for bobwhites and
day 14 for mallards to measure fertility and early
death of embryos; and on day 18 for bobwhite and
day 21 for mallards to measure embryo survival.  For
hatching, transfer of the eggs to a separate
commercial incubator or hatcher should be made on
day 21 for bobwhites and Day 23 for mallards.

     Recommended temperatures and relative humidity
during hatching phase are 39°C and 70 percent,
respectively.

     Bobwhite chick observations.  On Day 24 of
incubation, the hatched bobwhite chicks should be
removed, hatchability recorded, chicks housed according
to the appropriate parental grouping, and maintained
on control diet for 14 days.  The time period should
be extended if mortality occurs appreciably late.
The diet should be a commercial bobwhite starter
diet or its equivalent.

     Duckling observation.  On Day 27 of incubation,
the hatched mallard ducklings should be removed,
hatchability recorded, ducklings housed according
to the appropriate parental grouping, and maintained
on control diet for 14 days.  The time period should be
extened if mortality occurs appreciably late.  The
diet should be commercial mallard starter diet or its
equivalent.

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     Eggshell thickness.  One day every two weeks newly
laid eggs should be collected and measured for eggshell
thickness.  For consistency, the eggs used for thickness
determinations should be collected during weeks 1, 3, 5,
7 and 9 of the egg-laying period.  An accepted
procedure is to crack open the eggs at the widest
portion (girth or waist), wash out all egg contents,
air-dry the shells for at least 48 hours, and then
measure the thickness of the dried shell plus the
membranes at 3 or 4 points around the girth using a
micrometer calibrated to 0.01 mm units.

     Analysis.  Reproductive data consists of continuous
variables (e.g., shell thickness, and body weight data)
and discrete variables (e.g., number of eggs laid or
14-day-old survivors).  For continuous variables,
experimental groups should be compared: to controls by
analysis of variance.  For most discrete variables,
survival percentages should be computed (e.g.,  14-day-
old survivors of eggs laid) and arcsine transformed
prior to analysis of variance.  Alternately, a chi
square analysis of survival (contingency tables)  may
be used for discrete variables.  Analyses should include:
body weight, food consumption, eggs laid, eggshell thick-
ness, eggs cracked, viable eggs, fertility, live 3-week
embryos, hatchability, number of normal•chicks or
ducklings, 14-day-old survivors (per number of eggs
hatched, per hen, and per number of eggs laid).'  Sample
units are generally the pens within each group.

     Withdrawal.  If the test substance is toxic (re-
duced reproduction evident), then a withdrawal study
period should be added, to the test phase.  The withdrawal
period need not exceed 3 weeks.  Continued observations
should be made on egg production, fertility, hatchability,
and hatching survival.
Definitions:

     1.  Eggs laid.  The total egg production during a
breeding season (which is approximately 10 weeks).

     2.  Eggs cracked.  Eggs determined to have cracked
shells when inspected with a candling lamp; fine cracks
cannot be detected without utilizing a candling lamp
and if undetected will bias data by adversely affecting
embryo development.

     3.  Eggs set.  All eggs placed under insubation, i.e.,
total eggs laid minus cracked eggs and those selected for
eggshell thickness analysis.

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                                  56

                 4.  Viable  embryos  (fertility).   Eggs  in which
             fertilization has occurred and  embryonic  development has
             begun.  This is  determined by candling the  eggs  6  to
             14  days after incubation has begun.   It is  difficult
             to  distinguish between the "absence of  fertilization
            ;!and early  embryonic  death i! This  distinction  can be
             made by breaking out  eggs that  appear  infertile  and
             examining  further.  This " is';especially important when
             a test compound  induces  early embryo mortality-

                 5.  Live 3-week  embryo.  Embryo that is  developing
             normally after 3 weeks of incubation.   This is determined
             by  candling the  egg.  '"••"

                 6.  Hatchability.   The percentage of embryos  that
             mature, pip the  shell, and liberate themselves from  their
             eggs as computed from the number  of fertile eggs.  For
             quail this generally occurs on  day 23  or '"24 of incubation,
             and for mallard  on day 25,  26,  or 27.

                 7.  14-day-old-survivors«  Birds  that survive for
             2 weeks following hatch.

                 8.  Eggshell thickness.  The thickness of the
           shell and the membrane of the egg  at the girth  after  the
           egg has been opened and washed out, then the shell with
           membrane dried for at  least 48 hours at room temperature.

     (e)  References.  The following references can provide  useful
background information in developing acceptable protocols; some
outline useful statistical procedures  for handling data.

     (1)  Cochran, W.G.  1943.  Analysis of variance for percentages
based on unequal numbers.  Am. Stat.  Assoc.   38:287-301.

     (2)  Davidson, K.L. , and J.L. Sell.  1974.  DDT thins shells
of eggs from mallard ducks maintained  on ad libitum or controlled-
feeding regimes.  Arch. Environ. Contain. Toxicol.  2(3):222-232.

     (3)  Duncan, D.B.  1955.  Multiple range and  multiple F tests.
Biometrics 11:1-42.

     (4)  Heath, R.G., J.W. Spann, and J.F. Kreitzer.  1969.
Marked DDE impairment of mallard reproduction in controlled  studies.
Nature 224(5215):47-48.

     (5)  Heath, R.G., J.W. Spann, J.R.  Kreitzer,  and C.  Vance.
1970.  Effects of polychlorinated biphenyls on birds.  Presented at
the XV Internat. Ornith. Congress, The Hague, 30 Aug - 5 Sept.,
1970.  Pp. 475-485 in Proceedings of XV Internat.  Ornith*  Congress.
K.H. Voous, ed. E.J. Brill,  (pub.) Leiden.

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                                  57  >   .U ....

      (6)   Heinz,  G.  1974.   Effects of dietary levels of methyl
 mercury on mallard reproduction.   Bull. Snv.  Cont. Toxicol.  11-386-
 392.                 '  '               :    :    '           —~

      (7)  Longcore, J.R. ,  F.B.  Sampson,  and T.W.  Whittendale,  Jr.
 1971.   DDE thins  eggshells  and lowers reproductive success of
 captive black ducks.   Bull.  Env.  Cont.  Toxicol.  6:485-490.

      (8)  Prince,  H.H., F.B.  Seigel, and G.W.  Cornwall.   1969.
 Incubation environment and  the development of mallard embryos.
 J. Wildlife Manage.   33:589-595.

      (9)  Stromborg, K.L. ,  1981.   Reproductive test of diazinon on
 bobwhite  quail, Avian  and Mammalian Wildlife  Toxicology:   Second
 conference,  AS1M  STP  757, D.W. Lamb and E.E.  Kenaga,  Eds., American
 Society for  Testing and Materials,  pp.  19-30.

      (10)  Walpole, R.E. and  R.H.  Myers.   1972.   Probability and
 statistics  for engineers and scientists.   The MacMillan Company,
 New York.   Pp. 387-392.
§• 71~5  Simulated and actual field testing for mammals and birds.
      (a)  When required.   (1)  Data  from any  of the  following  kinds of
tests are required by 40 CFR § 158.145, on a  case-by-case basis,
to support the registration of an end-use product intended  for outdoor
application.  Consultation with the  Agency is advised before under-
taking these tests.  Whenever data are required by 40 CFR § 158.145,
the determination will be made in writing by the Agency and will
state which properties and use patterns of the product were used
in the determination.  The following criteria are provided as
further guidance:

      (i)  Simulated (pen) field tests are required by 40 CFR
§ 158.145 to support the registration of an end-use  formulated
product if use of the pesticide is likely to result  in adverse
effects on wildlife organisms exposed to the pesticide, and if pen
field tests can yield data useful in assessing such  risks.  A
decision as to whether such a test is needed should  take into
account:

     A.   An analysis of the pesticide properties (e.g., persistence,
conversion to toxic metabolites);

     B.   Retention on food, and repellency;

     C.   Intended use patterns (e.g., treated habitats, expected
presence of species, and treatment amounts at toxic  levels after
application);  and

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                                  58

     D   •The results  of  other laboratory  tests.

     (ii) Actual field tests are required  by  40 CFR §.158.145
to support the registration of an end-use  formulated product if
use  of the pesticide  is  likely to result  in  adverse effects  oh
wildlife exposed to the  pesticide, and if  actual  field tests can
yield data useful in  assessing such  risks.   A decision as  to
whether such a test is needed should take  into account:

     (A)   An analysis of the pesticide properties  (e.g.,
persistence, conversion  to toxic metabolites, retention on food,
and  repellency);

     (B)   Intended use  patterns  (e.g., treated habitats,  expected
presence of species,  and treatment amounts at toxic levels after
application); and

     (C)   Evidence (e.g., reported  field  effects,  simulated pen
studies or chronic lab studies) demonstrating acute toxicity at
normal use rates or demonstrating long-term  chronic or reproductive
effects.

     (2)   See 40 CFR §  158.50, "Formulators' exemption,"  to deter-
mine whether these data must be submitted.   Section II-A of  this
Subdivision provides  an  additional discussion on  this  subject.

     (b)   Test standards.  Data sufficient  to satisfy the require-
ments in 40 CFR § 158.145 should be  derived  from  tests which satisfy
the purposes of the general test standards in § 70-3 and the follow-
ing test standards:

     (1)   Test substance.  Unless specified otherwise, data shall
be derived from testing conducted with an  end-use product  (or with
an end-use product whose properties  are like those  of  products to
which the determination  under paragraph (a)  of this  section  applies).
An "end-use product"  may be the applicant's  own product or a typical
end-use product.

     (2)   Test conditions.  The test conditions  for conducting a
simulated pen,  or actual field test  should resemble the conditions
likely to be encountered under actual use  of the  product.  Specifi-
cally,  the pesticide  should be applied to the site  at  the  rate,
frequency,  and  method specified on the label .

     (3)   Endangered species.  Studies should not  be  conducted in
critical habitats or  areas containing, or  suspected to  contain,
endangered or threatened plants or animals which  may be threatened
by the  tests to be conducted.

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                                   59
       (4)  Residue levels.  When the'test substance is applied unde-
  simulated or actual field condition testing, and residues of the
  test substance can be detected j.n warm-blooded animals as evidenced
  by tests required by 40 CFR Part 158, residues should be determined
- in selected tissues of test organisms and in vegetation, soil,
  water,  sediments, and other appropriate environmental components.
  If residues of the test substance cannot be detected in warm-blooded
  animals as evidenced by tests required by 40 CFR Part 158, then the
  applicant should consult with the Agency before beginning this
  test.         •                           .         33

       (5)   Other  standards.   Additional standards for conducting
  actual  field tests are not  delineated because of the wide variety
  of mechanisms by which a pesticide may enter the environment,  and
  because of the great variety of food  sources and habitats that may
  be affected.   Any additional standards for  conducting these tests
  will  be provided by  the Agency in writing following consultation
  between the applicant or registrant and the Agency,  and will take
  into  account  the variety of  mechanisms,  food sources,  and habitats
  mentioned above.

       (c)   RePortinq  and evaluation  of  data.   In  addition to  the
  information provided in § 70-4,  the test  report  should contain
  the following information:

       (1)   Simulated  (pen) field  tests.

       (i)   Test methods  and materials data.

       (A)   Test location;

       (B)  Dates of beginning and end of test, and any other
  significant dates of events in the test;

       (C)  Weather data;

       (D)  Test species, age and history;

       (E)  Medical and chemical administration history (if any);

       (F)  Measured body weights;

       (G)  Individual  identification;

       (H)  Pesticide chemical  formulation,  application rate and  fre-
 quency,  and manner of application;

      (I)  Vegetative  cover;

      (J)  Measured residues in  selected tissues  oftest oraanisms and
 in  vegetation,  soil,  water, and sediments, when  required-

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                                  60

     (K)   Analytical methods  for residue  determinations;

     (L)   Housing conditions, including pen  description, pen place-
ment and number of animals per pen;     :

     (M)   Diet;

     (N)   Food and water supply  schedule;

     (O)   Feed consumption;

     (P)   Visual signs of intoxication;

     (Q)   Clinical measurements  for intoxication;

     (R)   Accidental death or injuries;

     (S)   Replacement schedule;  and

     (T)   Statistical methods used.

     (ii)  Test results.

     (A)   Mortality: number, dates, and other pertinent information;

     (B)   Toxic signs;

     (C)   Body weight changes;

     (D)   Food consumption data;

     (E)   Clinical observations;

     (F)   Results of gross necropsy or pathological examinations,
if conducted;

     (G)   Residue analysis results; and

     (H)   Any noted effects on reproduction.

     (iii)  Summary and conclusion.  Potential hazards to wildlife
should be identified in addition  to the toxicity results per  se.

     (2)   Actual field tests.

     (,i)   Test methods and materials data.

     (A)   Description of the study area including vegetation, topo-
graphy, and all pertinent ecological information;

     (B)   Study plot layout - locations and replications;

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     (C)   Listing of resident and migrant fauna with estimates of
population densities or relative abundance;

     (D)   Details of application equipment, methods, and weather
conditions;

     (E)   Statistical design and methods of analysis;

     (F)   Weather data collection methods;

     (G)   Analytical methods for residue determination;

     (H)   Clinical data methods;

     (I)   Reproductive study methods;

     (J)   Carcass search methods; and

     (K)   Any other methods utilized.

     (ii)  Test results.

     (A)   Mortality: number, dates, and other pertinent information;

     (B)   Signs of intoxication;

     (C)   Bird and mammal census results;

     (D)   Arthropod numbers and biomass;

     (E)   Food habits data, if any;

     (F)   Necropsy observations;

     (G)   Residue analysis results;

     (H)   Weather data;

     (I)   Inclusive dates of test; and

     (J)   Results of nest studies and fledgling wildlife.

     (iii) Summary and conclusion.  All data should be integrated
in a way which reflects the full impact of the pesticide on the
ecosystem.  Potential hazards to wildlife should be estimated with
full consideration of possible indirect effects due to ecological dis-
turbances .

     (d)   Acceptable protocols.

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                                 62

     (1)   Simulated (pen) field tests.  The following is an example
of an acceptable protocol for conducting a simulated (pen) field
study for birds.  This study is a modification of a study that
appears on pages;65 to 73 in an unpublished draft report to EPA
from the American Institute of Biological Sciences (AIBS), titled
Analysis of Specialized Pesticide Problems, Volume VI, Wildlife
Toxicology Study.   This report is dated October, 1974 and was funded
under EPA contract No. 68-01-2457.
                            Introduction
               For assessing the hazards of pesticides to bobwhite
          quail,  large cages enclosing portions of habitat of
          0.005 ha (500 sq ft)  or more may be utilized.  With
          modifications other species can also be tested by this
          method.  Tests utilizing large pens may be conducted for.
          pesticides to be applied on cropland, rangeland, or wild-
          lands,  or for other outdoor applications such as roadsides,
          rights-of-way, "waste areas," or known wildlife habitats.
          This type of test is  not a substitute for an actual field
          study.   However, a carefully designed simulated (pen)
          field study serves to bridge the gap between lab studies
          and a comprehensive field study.
                       Methods  and Materials
                 Pens.   Wire-covered, pens  should be constructed cover-
          ing a minimum ground  area of  0.005 ha (500 ft2  per pen).
          Suitable minimum pen  dimensions  for quail are 3.1  m by
          15.2 m  (10  ft x  50  ft)  with the  top cover at a  height of
          about 2.0 m (6.5 ft).   Other  dimensions covering more than
          0.005 ha are  encouraged.   Larger pens will be needed for
          testing larger birds  such as  mallards or pheasants".

                 For  uncovered pens,  birds may be wing clipped or
          pinioned.  When  cage  covers are  used, they should  not inter-
          fere with the pesticide reaching the interior of the cage.
          To  reduce predation,  metal flashing should be placed around
          all pens  both above and below the ground.   In addition,
          the top perimeter of the  fence may be electrified.

                 A minimum of 3  (TO1  x  50')  pens  should be used for
          each treatment group and  control.   Each pen should  contain
          8 pair  of quail.  Thus  a  study consisting  of one treatment
          and one control  group would have a. total of s ix cages and
          96  birds  (48  pair).  An independent water supply and a
          small shelter should  be furnished in each  pen.

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       Before pens are planned and constructed, wildlife
agencies and successful game farms should be consulted to
consider factors such as prevention of parasites and
disease/ soil drainage requirements, support of top cover
to prevent collapse under the weight of snow, types of
watering equipment, and similar information.

       Birds.  Adult birds of known history, not previously
exposed to pesticides, should be used and placed in the:pens
at least 2 weeks prior to the pesticide application(s).  A
supply of replacement bobwhite should be maintained in  out-
door pens near the test pens.

       Test conditions and procedures.  Uniformity of  soil
type and field conditions are important considerations  in
selecting study sites.  All pens should be numbered and
locations mapped or charted.  Daily recoreds should be  kept
of observations, toxic signs, test bird deaths and replace-
ments (if any), complete data on pesticide formulations,
application rates and methods, weather conditions, and  all
other data of value in assessing the hazard to birds.   It
may be desirable to use move able pens that can be set  up
over the crop or vegetation on which the pesticide is in-
tended to be applied.  When permanent (non-portable) pens
are used, then the soil should be suitable for growing  the
pertinent crop or vegetation.  The pesticide should be
applied with the same equipment, at the same rate, timing,
number of applications, and formulations as specified on the
pesticide label.  Additional treatment groups can be added
to test the effects of different application techniques
(e.g., broadcast versus soil incorporation), application
timing (e.g., pre-plant versus postemergent), or irrigation
versus nonirrigation.  Spraying should be done under minimum
wind conditions and with protective shielding to prevent
contamination of adjacent sprayed pens or control pens.  For
statistical purposes, it is best to randomize the test  pens,
but because of the drift problem, it may be best to stratify
the treatment pen locations.

     If supplemental feed is needed, the treatment rates
can be based on results of residue studies when such studies
are available.  Where possible, supplemental food should
be withheld 1 to 2 days after pesticide treatment.  Treated
food should be prepared within 1 day of the time the pen
environments are sprayed.

       The duration of the test should be a minimum of  21
days after the final application, and longer if any birds are
showing toxic signs or other effects.

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                                 64

                 Pesticide residue determinations may be  included  in
          the study.  Diet and water  levels  of the test chemicals
          should be analyzed.  Vegetation, soil, and other  environmen-
          tal samples may be analyzed for residues to determine  persis-
          tence and bioaccumulation.   Test birds poisoned by the pesti-
          cide and a sample of surviving birds should be analyzed  for
          residues in selected tissues.  Gross pathology may be  deter-
          mined at the same time.

     (2)  Actual field studies for hazard to wildlife.  The objective
of the actual field study is to determine the impact of pesticide
applications on wildlife populations  under real-use conditions.
Effects of greatest importance include:

          Direct poisoning and death  (by ingestion, dermal  exposure,
          or inhalation);
          Toxic effects indirectly causing death such as increasing
          susceptibility to predation  and diseases;
      -   Harmful reproductive effects and consequent inability  to
          maintain populations.

     Full-scale field studies are useful for determining the effects
of a pesticide from large-scale spraying of forests, rangelands,
rights-of-way, roadsides, wetlands, and major croplands such as
cotton, wheat, corn, soybeans, rice,  sorghum, or alfalfa, or other
major wildlife habitats.  In view of  the diversity of potential
study areas, actual field studies need to be designed on a case-by-
case basis.  No standard protocol would be appropriate.  Therefore,
the references that appear in § 71-5(e)(2) can be used as guidance
for developing acceptable actual field studies.

     (e)   References.  The following references can provide useful
background information for developing acceptable field tests.  Some
outline useful statistical procedures  for handling data.

     (1)   Simulated (pen)  field tests.

     (i)   Fink, R.J.  1979.   Simulated field studies - Acute hazard
assessment, Avian and Mammalian Wildlife Toxicology,  ASTM STP 693,
E.E. Kenaga, Ed., American Society for Testing and Materials, pp.
45-51.

     (ii)  Kreitzer, J.F.,  and J.W. Spann.  1968.  Mortality among
bobwhites confined to a heptachlor contaminated environment.  J_._
Wildl.  Manage.  32(4): 874-878.                      ,

     (iii) Schemnitz, S.D., 1981.  Wildlife Management Techniques.
4th Ed.: revised.  The Wildlife Society, Inc., Washington, D.C.  722
pp.

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                                 65

     (2)  Full-scale field tests.

     (i)  Bart,  1979.  Effects of acephate and sevin  on  forest birds.
J. Wild. Manage.  43(2): 544-549.

     (ii) Bunyan, P.J., M.J. Van Den Heuvel, P.I. Stanley and E.N.
Wright.  1981.  An intensive field trial and a multi-site surveillance
exercise on the use of aldicarb to investigate methods for the

assessment of possible environmental hazards presented by new
pesticides.  Agro Ecosystems 7:239-262.

     (iii)  Caughley, G. 1977.  Analysis of Vertebrate Populations.
John Wiley and Sons Ltd., A Wiley-Interscience Publication pp. 234.

     (iv)   De Weese, L.R., C.J. Henny, R.L. Floyd, K.A. Bobal,  A.W.
Schultz.  1979.  Response of breeding birds to aerial sprays of
trlchlorfon (Dylox) and carbaryl (Seven-4-oil) in forests.  Special
Scientific Report Wildlife No. 224, U.S. Department of the Interior,
Fish and Wildlife Service, Washington, D.C., pp. 29.

     (v)    Edwards, P.J., S.M.  Brown, M.R. Fletcher and P.I. Stanley.
1979.  The use of a bird territory mapping method for detecting
mortality following pesticide application.  Agro Ecosystems 5:271-282.

     (vi)   Flickinger, E.L., K.A. King, W.F. Stout and M.M. Mohn.
1980. Wildlife hazards from Furadan 3G applications to rice in
Texas.  J. Wild Manage.  44(15:190-197.

     (vii)  Hegdal, P.L. , T.A. Gatz, K.A, Fagerstone, J.F. Glahn
and G.H. Matschke.  1979.  Hazards to wildlife associated with 1080
baiting for California ground squirrels.  USFWS, under agency
Agreement between EPA and FWS, EPA-IAG-D7-0449 (Unpublished final
report) .

     (viii)  Hegdal, P.L. T.A. Gatz.  1977.  Hazards to pheasants
and cottontail rabbits associated with zinc phosphide baiting for
microtine rodents in orchards.  USFWS, under Interagency Agreement
between EPA and FWS, EPA-IAG-D4-0449 (Unpublished final report).

     (ix)   Herman, S.G., J.B. Bulger.  1979.  Effects of a forest
application of DDT on nontarget. organisms.  Wildlife Monographs,
No.69, pp. 62.                     .

     (x)    Johnson, E.V., G.L. Mack and D.Q. Thompson.  1976.  The
effects of orchard pesticide applications on breeding robins.  The
Wilson Bull.  88(1):16-35.

     (xi)   Ludke, J.L., E.F. Hill and M.P. Dieter.   1975.  Choli-
nesterase (ChE) response and related mortality amo fed ChE inhi-
bitors.  Arch. Environ. Contain. Toxicol.  3(1): 1-21.

     (xii)  McEwen, L.C., C.E. Knittle, and M.L. Richmond.  1972.
Wildlife effects from grasshopper insecticides sprayed on short-
grass range.  J. Range Manage.  25(3):188-194.

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                                  66

      (xiii) Moulding, J.D.  1976.  Effects of a low-persistence in-
 secticide on forest bird populations.  Auk 93 (4): 692-708.

      (xiv)  Pearce, P.A., D.B. Peakall and A.J. Erskine.  1976.
 Impact on forest birds of the 1975 spruce budworm spray operation
 in New Brunswick.   Progress Notes, Canadian Wildlife Service, No.
 62, pp 7.   ' .         ' •  .    •,.,.,     : .    :         ,     ,-,•-,   ,  ,.   . ,.

      (xv)  Ralph,  C.J. and J.M.  Scott. Eds. 1981.  Estimating
 numbers of terrestrial birds.   Studies in Avian Biology No.  6,
 Cooper Ornithological Society, Pp. 630.

      (xvi)  Schemnitz, S.D., ed.   1971.  Wildlife Managenint Techi-
 ques.   3rd Ed.:  revised.  The Wildlife Society,  Inc., Washington,
 D.C.  722  pp.                        '
 Series  72:  AQUATIC  ORGANISM TESTING
 §  72-1  Acute  toxicity  test  for  freshwater fish.
      (a)  When required.   (1) Data  on the  acute toxicity of a pesti-
cide  to  freshwater fish are required  by  40  CFR § 158.145 to support the
registration of an end-use product  intended for outdoor application,
and to support each application  for registration of  a manufacturing-
use product which may be used to make such  an end-use product.

      (2)  Data on the acute toxicity of a  pesticide  to freshwater
fish  are required by 40 CFR § 158.145, on  a case-by-case basis  to
support the registration of an end-use product intended solely
for indoor application, and to support each application for
registration of a ma.nufacturing-use product which may be used to
make  such an end-use product.

      (3)  See 40 CFR § 158.50, "Formulators'  exemption," to de-
termine whether these data must be  submitted.   Section II-A of
this  Subdivision provides an additional  discussion on this  subject.
                          r
      (b)  Test standards.  Data sufficient  to  satisfy the require-
ments in 40 CFR § 158.145 should be derived fron tests which comply
with the general test standards in  §  70-3 and  the following test
standards:

      (. 1.)  Test substance.  (i)  Data  shall  be  derived fron  testing
conducted with the technical grade  of each  active ingredient in the
product.

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                                  67

      (ii)   In  addition,  data  frcm testing  with the  applicant's end-
use product or a  typical end-use  product are  required  by  40  CFR §
158.145 to  support the registration ,of products which  meet any of
the following  conditions:

      (ft)  The  end-use pesticide will  be introduced  directly  into an
aquatic environment when used as  directed;

      (B)  The  LC50 or EC50 of the techleal  grade  of  active ingredient
is equal  to or less than the  maximum  expected environmental
concentration  (MEEC) or  the estimated environmental  concentration
(EEC) in  the aquatic environment  when the end-use pesticide  is used
as directed; or

      (C)  An ingredient  in the end-use product  other than the  active
ingredient  is  expected to enhance the toxicity of the  active ingre-
dient or  to  cause toxicity to aquatic organisms.

      (2)  Test organisms.  (i)  Testing should  be performed on one
coldwater fish species,  preferably rainbow trout, and  one warmwater
species,  preferably bluegill  sunfish.

      (ii)  Very young (not yet actively feeding), spawning, or recently
spent fish  should not be used.

      (iii)   Fish should  weigh between 0.5 and  5.0 grams and be frcm
the same year  class.  The standard length of  the  largest  fish  should
be no more  than twice that of the  shortest fish.
                       I
      (3)  Determination  of LC50.   (i)  Satisfactory  data  must  establish
either:

      (A)  A  96-hour LC5.0 value with 95 percent  confidence  intervals; or

      (B)  That the 96-hour LC50 is  greater than  100 mg/1  or greater
than  100,000 times the MEEC or EEC.

      (ii)   If  data are submitted  to satisfy either criterion in
paragraph (b)(3)(i)(B)  of this section, at least.30 individuals  should
be tested at concentrations equal  to  or greater than the  criterion
chosen.                                      '

      (c)  Reporting and evaluation  of data.  In addition  to information
provided in  § 70-4,  a report of the results of a  fish acute LC50
test should include  the  following:

     (1)  LC50 data.   (i)  (A)  Data  showing the  96-hour  LC50,  the
corresponding 95  percent confidence intervals,  slopes of the concentration
response line,  and,  when possible, the LC50 values at 24,   48,  and 72
hours; or

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                                  68

      (B)     Data showing, that the 96-hour LC50 is greater than 100,000
 times  the  MSEC  or EEC or greater  than 100 mg/1.

      (ii)    If  the data  submitted in- accordance  with paragraph
 (c)(1)(i)(B)  of this  section  show that the LC50  is greater than
 100,000 times the MEEC or EEC of  the pesticide;  the basis for
 calculating the MEEC  or  EEC should be.reported.

      (2)     Dilution  water.   Detailed description of dilution water,
 including  source,  chemical characteristics (e.g.,  dissolved oxygen
 content, pH,  dissolved salts),  and pretreatment  (if any).

      (3)     Test description.   Detailed description of  the test,
 including:

      (i)     Design;

      (ii)    Containers;

      (iii)   Water depth  and volume;

      (iv)    Treatments;

      (v)     Method of  exposing  fish to  the test  substance (e.g.,
 placing chemical  in water which already contains  fish or  placing
 fish in water which already contains  the chemical);

      (vi)    Number of  organisms per treatment;

      (vii)   Loading (weight of  organisms per unit  volume  of  water);

      (viii)  Lighting,  acclimation,  and  test temperatures  (averages
 and range);  and

      (ix)   Any  unusual  feature of  the  test methodology.

     (4)    Chemical analyses.  If  conducted,  a description  of  the
 methods (or  references to  established methods) used  for all  the      \
=analyses of water  for  chemical  content  and toxicant  concentrations,
 and the results  of such  analyses, including validation studies  and
reagent blanks.

     (5)    Effects of exposure.  Detailed  description of  the effects
 of exposure  to the test  substance including:

     (i)    The  criteria  used to  determine  the effects;

     (ii)    Percentages  of organisms that  died or  showed  effects of
 treatment; and

     (iii)  A summary of  these  observations.

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                                  69    .

      (6)   Additional information.  Any additional relevant  informa-
 tion about the. test or its results that would assist in the  determi-
. nation of hazard potential.

      (d)   Acceptable protocols.  Examples of acceptable protocols  for
 conducting a freshwater fish acute toxicity study are found  in the
 following references.  Fish species listed in these publications are
 acceptable with the exception of goldfish.

      (1)   ASTM Standard E 729-80,  Practice for Conducting Acute
 Toxicity Tests with Fishes,  Macroinvertebrates , and Amphibians.
 American Society for Testing and. Materials, 1916 Race "street,
 Philadelphia,  PA 19103.

      (2)   Committee on Methods for Toxicity Tests with Aquatic
 Organisms.   1975.   Methods for acute toxicity tests with fish,
 macroinvertebrates,  and  amphibians.   U.S.  Environmental  Protec-
 tion Agency, Ecol.  Res.   Series, EPA 660/3-75-009.  61pp.

      (e)    References.   The  following references can provide useful
 background  information  in developing acceptable  protocols:

      (1)    Weber, C.  E.  (ed.)   1973.   Biological field and  laboratory
 methods, for measuring the quality  of  surface waters and'effluents .
 U.S.  Environmental  Protection Agency,  Environ.  Monit.  Series, s?A-
 670/4-73-001.

      (2)    Anonymous.  1981.   Standard Methods  for the  Examination  of
 Water and Wastewater.  15th  Ed.  American  Public Health  Assoc.,
 Washington, D.C.  1134 pp.
§ 72~2  Acute toxicity test  for  freshwater  aquatic invertebrates.
     (a)   When required.   (1)  Data on the  acute  toxicity of  a
pesticide to freshwater aquatic invertebrates  are  required by  40
CFR § 158.145 to support the registration  of an  end-use  product
intended for outdoor application, and to support each  application
for registration of a manufacturing-use product  which  may be used
to make such an end-use product.

     (2)   Data on the acute toxicity pf a pesticide to  freshwater
aquatic invertebrates are required by 40 CFR §  158.145,  on a case-by-
case basis to support the registration of an end-use product in-
tended solely for indoor 'application,, and to support each  application
for registration of a manufacturing-use product  which may  be'used
to make such an end-use product.

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                                 70

     (3)   See 40 CPR § 158.50, "Formulators' exemption," to  deter-
mine whether these data must be submitted.   Section II-A of this
Subdivision provides additional discussion on this subject.

     (b)   Test standards.  Data sufficient  to satisfy the require-
ments in 40 CFR § 158.145 should be derived  from tests which  comply
with the general test standards in § 70-3 and the following test
standards.

     (1)   Test substance.  (i)  Data shall  be derived from testing
conducted with the technical grade of each active ingredient  in the
product.

     (ii)  In addition, data from testing with the applicant's end-
use product or a typical end-use product are required by 40 CFR §
158.145 to support the registration of products which meet any of
the following conditions:

     (A)   The end-use product will be introduced directly into an
aquatic environment when used as directed;        I    ' '

     (B)   The LC50 or EC50 of the technical grade of active  ingredient
is equal to or less than the maximum expected environmental concentra-
tion (MSEC) or the estimated environmental concentration (EEC) in
the aquatic environment when the end-use product is used as directed;r
or

     (C)   An ingredient in the end-use product other than the active
ingredient is expected to enhance the toxicity of the active  ingredient
or to cause toxicity to aquatic organisms.

     (2)   Test organisms.  Immature invertebrates should be  used
whenever possible.  Among fresh-water organisms, daphnids should be
in the first instar; amphipods, stoneflies, and mayflies in an early
instar; and midges in the second or third instar.

     (3)   Determination of EC50 or LC50.  (i)  Satisfactory  data
should establish either:

     (A)   An EC50 or LC50 value with 95 percent confidence intervals;
or

     (B)   That the EC50 or LC50 is greater  than 100 mg/1 or  greater
than 100,000 times the MSEC or EEC.

     (ii)  If data are submitted to satisfy either criterion  in para-
graph (b)(3)(i)(B) of this section, at least 30 individuals should be
tested .at concentrations equal to or greater than the criterion
chosen.

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                                  71

      (4)   Duration of tests.  Daphnids and midge larvae  should be  ex-
 posed to the test substance for 48 hours in static tests.  All other
 organisms should be exposed for 96 hours in static tests.  For flow-
 through tests, all organisms tested under this section should be
 exposed for at least 96 hours.

      (c)   Reporting and evaluation of data,  m addition to informa-
 tion provided in § 70-4, a report of the results of an acute toxicity
 test for aquatic invertebrates should include the following:

      (1)  LC50 data.  (i)   (A)  Data showing the ECS0 or LC50, the
 corresponding 95 percent confidence intervals, slope of the concen-
 tration reponse line,  and when possible, the EC50 or LC50 values
 at 24-hour intervals for the duration of the test;  or

      (B)  Data showing that the EC50 or LC50 is greater than 100,000
 tunes  the MEEC or EEC  or greater than 100  mg/1.

      (ii)  If  the  data  submitted in  accordance with  paragraph (c)(1)-
 (i)(B)  of  this section show that the LC50  or EC50 is greater than
 100,000  times  the MEEC or  EEC  of  the pesticide, the  basis for
 calculating the MEEC or EEC should  be  reported.

      (2)   Dilution water.   Detailed description of  dilution water, in-
 cluding  source, chemical  characteristics  (e.g., dissolved oxygen
 content, pH,  dissolved salts),  and  pretreatment (if  any).

      (3)   Test  description.  Detailed  .description of  the  test, in-
 cluding:

     (i)    Design;

     (ii)   Containers;

     (iii)  Water depth and volume;

     (iv)   Treatments;

     (v)    Method of exposing  organisms to the test substance (e.g.,
placing  chemical in water which contains organisms or placing
organisms in water which contains chemical);

     (vi)   Number of organisms per treatment;

     (vii)  Lighting, acclimation, and test temceratures  (averages
and range); and

     (viii) Any unusual feature of the test methodology.

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                                72

      (4)    Chemical analyses.   If conducted, a description of the
 methods  (or references to established methods) used for the analyses
 of  water  for chemical  content  and toxicant concentrations,  and the
 results of  such analyses, including validation studies and reagent
 blanks.

      (5)    Effects  of  exposure.   Detailed description of the effects
 of  exposure to  the  'test substance, including:

      (i)    The  criteria used to  determine the effects;

      (ii)   Statement of percentages of organisms that died  or showed
 effects of  treatment;  and

      (iii)  A summary of these  observations.

      (6)    Additional  information.  Any additional  relevant infor-
 mation about the test  or its results that would assist in the de-
 termination of  hazard  potential.

      (d)    Acceptable  protocols.   Examples of acceptable protocols
 for conducting  a freshwater aquatic invertebrate acute toxicity
 study are found in  the following  references:

      (1)    ASTM Standard E 729-80,  Practice  for Conducting  Acute
 Toxicity Tests  with Fishes, Macroinvertebrates, and amphibians.
 American Society for Testing and  Materials,  1916 Race  Street,
 Philadephia,  Pa.  19103.

      (2)    Committee on Methods for Toxicity  Tests  with Aquatic
 Organisms.  1975.  Methods  for  acute toxicity  tests  with fish,
macroinvertebrates, and  amphibians.   U.S.  Environmental Protection
Agency, Ecol. Res.  Series, EPA 660/375-009.   61 pp.   (Aquatic
invertebrate  test temperatures in this  publication  are acceptable
with the exception  of  17"C for Daphnia  spp.   Daphnia should be
tested at 20°+  1°C.)

      (e)    Reference.   The following publication can provide  useful
background  information  in developing acceptable protocols:

      Anonymous.  1981  .   Standard  Methods  for the Examination of
Water and Wastewater.   15th Ed.   American  Public  Health Assoc.,
Washington, D.C.  1134 pp.
§ 72-3  Acute toxicity test for estuarine and marine organisms.


     (a)   When required.  (1)  Data on the acute  toxicity  of a pes-
ticide to estuarine and marine organisms are required by 40 CFR
§ 158.145 to support the registration of an end-use product intended
for direct application to the estuarine or marine  environment or

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                          •73

 expected to enter this environment in significant concentrations
 because of its expected use or mobility pattern.

      (2)   See 40 CFR § 158.50, "Formulators' exemption," to deter-
 mine whether these data must be submitted.  Section.II-A of this
 Subdivision provides an additional discussion on this subject.

      (b)   Test standards.  Data sufficient to satisfy the require-
 ments in 40 CFR § 158.145 should be derived from tests which comply
 with the general test standards in § 70-3 and the following test
 standards:

      (1)   Test substance, (i)  Data shall be derived from testing
 conducted with the technical grade of each active ingredient in the
 pr oduct.

      (ii)   In addition,  data from testing with the applicant's end-
 use  product or a typical end-use product are required by 40  CFR
 §  158.145  to support the registration of products which meet any
 of the  following conditions:

      (A)    The end-use product  will be introduced directly into an
 aquatic environment when used as directed;

      (B)    The EC50 or LC50  of  the technical grade of  active ingre-
 dient is equal to  or less  than  the maximum expected environmental
 concentration (MEEC)  or  the  estimated environmental  concentration
 (EEC) in the  aquatic environment when the  end-use product is  used
 as directed;  or

      (C)    An ingredient  of  the  end-use  product  other  than the  active
 ingredient  is  expected to  enhance  the toxicity of the  active  ingre-
 dient or to  cause  toxicity to aquatic organisms.

      (2)    Test organisms  and test duration.   The 96-hour LC50  should
 be determined  for  shrimp  and an  estuarine  or marine  fish.  Also,  the
 48-hour  EC50  for oyster  embryolarvae  or  96-hour  EC50 shell deposition
 data  should be  determined  on a'representative  mollusc,  such  as  the
 American oyster.

      (3)    Determination of EC50 or LC50.   (i)   Satisfactory data
 should  establish either:
     (A)
or
           An SC50 or LC50 value with 95 percent confidence intervals;
     (B)   That the EC50 or LC50 is greater than  100 mg/1 or greater
than 100,000 times the MEEC or EEC.

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                               74

     (ii)  If data are submitted to satisfy either criterion in
paragraph b)(3)(i) of this section, at least 30 individuals should
be tested at concentrations equal to or greater than the criterion
chosen.

     (c)   Reporting and evaluation of data.  In addition to informa-
tion provided in § 70-4, a report of the results of an acute toxicity
test for estuarine and marine organisms should include the following:

     (1)   LC50 data.  ( i)  (A)  Data showing the LC50 or EC50 , the
corresponding 95 percent confidence intervals, slope of the concen-
tration-response line, and, when possible, the LC50 values at
24-hour intervals for the duration of the test; or

     (B)    Data showing that the LC50 or EC50 is greater than
100,000 times the MEEC or EEC or greater than 100 mg/1.

     (ii)   If the data submitted in accordance with paragraph (c)(1)-
(i)(B)  of this section show that the LC50 or EC50 is greater than
100,000 times the MEEC or EEC of the pesticide, the basis for
calculating the MEEC or EEC should be reported.

     (2)    Dilution water.  Detailed description of dilution water,
including source, chemical characteristics (e.g., dissolved oxygen
content, pH), and pretreatment (if any).

     (3)    Test description.  Detailed description of the test,
including:

     (i)    Design;            •   .

     (ii)   Containers;

     (iii)  Water depth and volume;

     (iv)   Treatments;

     (v)    Method of exposing organisms to the test substance (e.g.,
placing chemical in water which contains organisms or placing
organisms in water which contains the chemical);

     (vi)   Number of organisms per treatment;

     (vii)  Loading (weight of organisms per unit volume of water);

     (viii) Lighting;

     (ix)   Acclimation and test temperatures (average and range);

     (x)    Salinities; and

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                                75

      (xi)    Any  unusual feature of the test.

      (4)     Chemical  analyses.   If Conducted,  a description of methods
 (or references to  established methods)  used for the analyses of water
 for chemical  content  and toxicant concentrations,  and the results of
 such  analyses, including validation studies and reagent blanks.

      (5)     Effects of  exposure.   Detailed  description of the effects
 of the exposure  to the  test  substance,  including:

      (i)     The  criteria used to  determine  the effects;

      (ii)    Statement of percentages of organisms  that died or showed
 effects of treatment; and                                      -

      (ill.)  A summary of these  observations.

      (6)  Additional information.   Any  additional  relevant  information
 about the test or its results that would assist in the determination
 of hazard potential.

      (d)  Acceptable protocols.

      ( 1)  Acute  estuarine and marine fish,  and shrimp toxicity   '•
 tests.  Examples of acceptable  protocols are found in the following
 references:

      (i)   Banner, L.H.,  C.D. Craft,  and D.R.  Nimmo.   1975.   A salt- -
 water flow-through bioassay method with controlled temperature
 and salinity.  Prog. Fish-Cult. 37 ( 3 ): 126-1,29 .

      (ii)  Committee on  Methods for  Toxicity Tests with  Aauatic
 Organisms. 1975.   Methods for acute  toxicity tests with  fish,
macroinvertebrates, and  amphibians.   U-S. Environmental  Protection
 Agency, Ecol. Res. Series, EPA  660/375-009.  61  pp.   (Marine and
 estuarine species listed in this publication are acceptable.)

      (2)  Marine mollusc  shell  deposition and  embryolarvae  toxicity
tests.  Examples of acceptable  protocols are found in  the following
 references:                                            •

      (i)   Anonymous.  1981.  Standard  Methods  for the Examination
 of Water and Wastewater.  15th  Ed.   American Public Health Associ-
 ation, Washington, D.C.    1134 pp.

     (ii)  ASTM Standard  E 724-80, Practice for  Conducting  Static
Acute Toxicity Tests with Larvae of  Four Species of Bivalve  Molluscs.
American Soci.ety  for Testing and Materials, 1916 Race  Street,
Philadelphia, PA  19103.

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                                76

      (iii) Woelke, C.E.  1967.  Measurement of water quality with
 the Pacific oyster embryo bioassay.  Pp. 112-120 in Water Quality
 Criteria, ASTM, STP 416.  American Society for Testing and Materials,
 Philadelphia, Pa.                             '

      (e)   References.  The following references can provide useful
 background information in developing acceptable protocols:

      (1)   Anonymous.  1.378.  Bioassay Procedures for the Ocean Disposal
 Permit Program.  U.S. Environmental Protection Agency,  Office of Res.
 and Dev. EPA-600/9-78-010.   121 pp.

      (2)   Clark, J.R., and R.L.  Clark, eds.   1964.  Seawater systems
 for experimental aquariums.   U.S.  Dept. Int.,  Fish. S Wild.  Serv.
 Bur.  Sport.  Fish. Wild. Res. Rep.  #63.   192 pp.

      (3)   DeBen,  E.A.   1970.   Design and construction  of saltwater
 environment  simulator.   Fed. Water Qual. Admin.,  Pacific N.W.  Water
 Lab.,  Working Paper 71:1-30.

      (4)  Strickland,  J.D.H.,  and T.R. Parsons.   1968.   A practical
 handbook of  seawater analysis.   Fish.  Res.  Board  Can. Bull.  No.  167.
 311 pp.

      (5)  White,  D.B.,  R.R. Stickney,  D.  Miller,  andL.H.   Knight.
 1973.   Seawater systems for  aquaculture of  estuarine organisms at the
 Skidaway Institute of Oceanography.   Ga. Mar.  Sci.  Center, Technical
 Rep.  Ser.  No.   73-1.  18  pp.

      (6)   Wood,  L.   1975.   A controlled condition  system (CCS)  for
 continuously  flowing seawater.  Limnol.  Oceanoqr.  10:475-477.
 § 72-4  Fish early life-stage and aquatic  invertebrate, life-cycle
        studies.
      (a)   When required.   (1)  Data from fish early life-stage  tests
or lifecycle tests with aquatic invertebrates (whichever species
is most sensitive to the pesticide as determined from the results
of tests performed in §§ 72-1, -2, and -3) are.required by 40 CFR
§ 158.145 to support the registration of an end-use product intended
to be applied directly to water or expected to be transported to
water from the intended use site, and when any of following condi-
tions apply:

     (i)   If the pesticide is intended for use such that its pre-
sence in water is likely to be continuous or recurrent regardless
of toxicity,  as revealed by studies required by 40 CFR § 158.130;
or

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                                77

  ,    (ii)  If any LC50 or EC50 value determined in testing required
 by §§ 72-1,. -2, or -3 is less than 1 mg/1; or

  /   (iii) If the estimated environmental concentration in water is
 equal to or greater than 0.01 of any EC50 or LC50 determined in acute
 testing for aquatic organisms required by 40 CFR § 158.145; or

      (iv)  If the actual or estimated environmental concentration in
 water resulting from use is less than 0.01 of any EC50 or LCSO de-
 termined in acute testing for aquatic organisms required by 40
 CFR § 158.145 and any of the following conditions exists:

  ' "" (A)    Studies of other organisms indicate the reproductive ohy-
 siology of fish and/or invertebrates  may be affected;  or

      (B)    Physiochemical properties  indicate cumulative effects;  or

      (C)    The pesticide  is persistent in water (e.g., half-life
 in  water  greater than 4  days).

      (2)    See 40  CFR §  158.50,  "Formulators '  exemption,"  to
 determine whether  these  data must be  submitted.   Section II-A of
 this  Subdivision provides an additional  discussion on  this subject.

      (t>)   Test standards.   Data  sufficient to satisfy  the  require-
 ments in  40  CFR §  158.145 should  be derived from  tests which  comply
 with  the  general test  standards  in §  70-3 and the  following test
 standards:

      (1)   Test substance.   Data shall be  derived  from  testing
 conducted  with the technical grade of each active  ingredient  in the
 product.

      ( 2}   Duration of  tests.

      (i)   Fish  early  life-stage  test.  Fish  should be  exposed to
 the test substance through the embryolarvae phase  (e.g., a  fish
 "egg-fry"  test)  but not all  stages of life-cycle of one generation
 of the species.
           Invertebrate life-cycle test.  Invertebrates should be  ••
cultured in the presence of the test substance from one stage of
its life-cycle to at least the same stage of the next generation
(e.g., egg to egg).

     (3)  Species. ..The applicant should consult with the Agency
regarding the appropriate species and test methodologies.  The choic-
of species and test methods will be tailored to the pesticide's
characteristics .

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                                78

      (4)    Concentration analysis.   The concentration of the test
 substance  in the water should be determined at the start of the study,
 and periodically throughout the study to verify concentrations.

      (c)    Reporting and evaluation of data.  ,,In addition to the basic
 information provided in § 70-4, the test report should contain the
 following  information (where appropriate):      :    ^   ,

      (1)    Reproductive effects;

      (2)    Detailed  records of spawning, egg numbers,  fertility, and
 fecundity;                 •

      (3)    No  effect level;

      (4)    Mortality data;

      (5)    Statistical  evaluation of  effects;

      (6)    Locomotion,  behavioral,  physiological,  and pathological
 effects;

      (7)    Definition of  the criteria used  to  determine  effects;

      (8)    Summary of general  observation of signs of  intoxication or
            other  effects;

      (9)    Stage  of  life  cycle  in which  organisms  were tested;

      (10)   Duration  of  the  test;  and

      (11)   Concentration  analysis.

      (d)    Acceptable protocols.

     .(1)    Fish early life-stage  test.   Examples of  acceptable
protocols are  found  in  the  following  references:

      (i)    National  Water Quality Laboratory Committee on  Aquatic
Bioassays.   1971.  Recommended  bioassay procedure for fathead
minnow Pimephales promelas  (Rafinesque)  chronic  tests.   (Revised
January, 1972).  Pp.  15-24  in  Biological  Field and Laboratory
Methods.  U. S. Environmental  Protection Agency, Office  of  Res.
and Dev.  EPA-670/473-001.

      (ii)  	    1971.  Recommended bioassay  procedure  for brook
trout Salvelinus fontinalis  .(Mitchell) partial .chronic tests.
(Revised January, 1972).  Pp.  25-33 _in Biological  Field  and
Laboratory Methods.  U.S. Environmental  Protection Agency,
Office of Res. and Dev.  EPA-6 70/4-73-0 01 .

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                                 79
  nrotJ2?    Inv*rtebrate Hfe-cvcle test.   Examples of acceptable
  protocols  are  found  in  the  following references:
                         '*'   1974(aK   ^°cgdure for Daphnia  maona
                   tanding system.   U.S.  Environmental .
        1 L fieSin^r' .K'E-  1974(b> '  ^ocedure for Daphnia magna
         !!StS ln flowin? system.  U.S. Environmental Protectiof^
      (iii) Nimmo, D.E., T.L. Hamaker, and C.A. Sommers.  1978.
 Entire li.e-cycle toxicity test using mysids (Mysidopsis bahia) ir

 S^ngrf "-   **' 64~68 ^ Bi°aSSa y Procedures for^he 3c^T    '
 OfSr l1,P!rmt Pr09ram-  U'S-   Environmental Protection Agency,
 Ut^ice of Res.   and Dev.  SPA-600/9-78-010 .


      (e)    Reference.   Additional information mav be : found in ^he
 rollowing reference:                             "



      i^oth^'/;^   1974(C)<   ^^uring methods  for  Daphnia and
      in otner cladocerans.   U.S.  Environmental  Protection-Agency
  72~5  Life-cycle tests of fish.
     (a)   When required.  ( 1 )  Data obtained from a life-cvcle
test or fish are retired by 40 CFR § isa.145 to support thf
registration of an end-use product intended to be allied dL^

site  ard°rHeX?eCted ^ tranS?°rt to «ter from the' intended use
Site, and when any of the following conditions apply:

                  SStimated environmental concentration is eaual
                                                        fish -

              .                              e
           provides an additional discussion on  ^,

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                               80

     (b)  Test standards -  Data sufficient to satisfy 'the requirements
in 40 CFR § 158.145 should be derived from tests which comply with
the general test standards in § 70-3 and the following test standards:

     (1)  Test substance.  Data shall be derived from testing con-
ducted with with the technical grade of each active ingredient in
the product.

     (2)  Duration of tests.  Fish should be cultured in the presence
of the test substance from one stage of the life cycle to at least ~
the same stage of the next generation (e.g., egg to egg).

     (3)  Species.  Testing should be performed on a freshwater
fish ie.g., fathead minnow).  An estuarine species (e.g., sheep-
shead minnow) may be used if the pesticide is expected to enter
the estuarine environment.

     (4)  Concentration analysis.  The concentration of the test
substance in the water should be determined at the start of the study
and periodically throughout the study to verify concentrations.

     (c)  Reporting and evaluation of data.  In addition to the basic
information provided in § 70-4, the test report should contain the
following information (where appropriate):

     (1)  Reproductive effects;

     (2)  Detailed records of spawning, egg numbers,  fertility, and
fecundity;

     (3)  No-effect level, and mortality data;

     (4)  Statistical evaluation of effects;

     (5)  Locomotion, behavioral, physiological, and pathological
effects;

     (6)  Definition of the criteria used to determine
effects;

     (7)  Summary of general observation of signs of intoxication
or other effects;

     (8)  Stage of life cycle in which organisms were tested;

     (9)  Duration of the test; and

     (10) Concentration analysis.

     (d)  Acceptable protocol.

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                                 81
       M>  /reshwater  fish  life-cycle  test.   AH example of an acceptable
 protocol  is found in  the following  reference:
 1971 NaRi™pn^^Uality Labo"tory Committee on Aquatic  Bioassays.
 1971.  Reconmended bioassay procedure  for  fathead minnow Pimephales
 promelas  (Raf inesque ) chronic tests.   (Revised  January,  1972T - PpT
 15-24 -in Biological Field and Laboratory Methods.   U.  S.  Environmental
 Protection Agency, office of Res. and Dev.  EPA-670/4-73-001 .

      (2)  Sstuarine fish life-cycle test.  Examples of acceptable
 protocols are found in the following references:

      (i)   Schimmel, S.C. , and D.J. Hansen.  1974.   Sheepshead min-
 now Cyprinodon variegatus; an estuarine fish suitable for chronic
 (entire li recycle )bioassays.  Proc. 28th Ann.  Cong. S.E. Assoc.
 Game-Fish Cotnm.  Pp.   392-398.         ~            ' - -

      (ii)  Hansen, D.J.,  P.R.  Parrish, S.C. Schimmel, and L.R.
 Goodman. 1978.   Life-cycle toxicity test using  sheepshead minnows
 (Cyprinodon variegatus) .   Pp.  109-116 in Bioassay Procedures for
 the Ocean Disposal Permit Program.  U.S. Environmental Protection
 Agency,  Office  of Research and. Development.  EPA-600/9-78-0 10 .
 §  72-6   Aquatic  organism accumulation tests.


      (a)  When required.  Data from aquatic organism accumulation
 testing  are required  by  40  CFR §  158.145 on a case-by-case basis
 to support the registration of an end-use product whose use is
 likely to result in residues  in an aquatic environment and which
 may accumulate in  aquatic  organisms to  toxic  levels.   Consultation
 with the Agency is advised  before undertaking this test.   The
 determination that a  product  meets these conditions should be made
 when any of the  following conditions apply:

     (1)  If the active  ingredient or its principal degradation
 product(s):

     (i)   Has water  solubility less than 0.5  mg/1 and an  octanol/water
 partition coefficient greater  than 1000;  and

     (ii)  Is 'persistent in water (e.g.,  a  half-life  greater than
 four days); or

     (2)  If the active  ingredient  or its principal degradation
product(s) accumulates in the  organs  and tissues  of mammals  or  avian
species.

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                                  82

      (b)  Test standards.  Data sufficient to satisfy the requirements
 in 40 CFR § 158.145 should be derived from tests which comply with
 the general test standards in § 70-3 and the following test standards:

      (1)  Test, substance.  Data shall be derived from testing
 conducted with the technical grade of each active ingredient in the
 product (studies using radioisotopes require analytical grade) or the
 purest available form pf the principal degradation products, whichever
 meets the general or specific conditions set forth in paragraph (a)(i-)
 and (ii).    / .'    :  . ':•-:; ",' '•,  . '•'  ,   •"      . /.,   -•        "

      (2)  Test organisms.  (i)  Consultation with the Agency is
 advised before selection of species is made.  One or more of the
 following species may be used in accumulation testing:

      (A)  A typical bottom-feeding fish (e.g., catfish or carp);

      (B)  A cold-water fish,  a warm-water fish, or marine fish (e.g.,
 brook trout, rainbow trout/ bass, bluegill, northern pike,  walleye,
 or sheepshead minnow);

      (C)  Molluscs (e.g., oyster or freshwater clams);

      (D)  Crustaceans (e.g.,  Daphnia spp., shrimp,  or crayfish); or

      (E)  Insect nymphs (e.g., mayfly).

      (ii)   The following factors should be considered
 in selecting species:

      (A)  The use pattern of  the formulated product;

      (B)  The relative sensitivity of the different species to toxic
 effects; and

      (C)  Data on route of  exposure and method of uptake.

      (c)  Reporting and evaluation of data.  In addition to the in-
 formation provided in § 70-4,  specific data reporting and evaluation
 guidance should be determined by consultation with the Agency.

      (d)  References.  The  following references can provide useful
 background information in developing protocols.  The conditions under
 which an accelerated aquatic  organism test [reference (d)(4)]  may be
 an acceptable substitute for  a full length test [references (d)(1)-
 (3)]  should be determined by  consulting with the Agency.

      (1)  Johnson,  B.T. , and  R.A. Schoet'tger.  1975.   A biological
"model for estimating the uptake,  transfer, and degradation of
 xenobiotics in a food chain.   Fed.  Regis. 40 (123): 26906-26909.
 (June 25,  1975.)

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                                83

      (2)  Macek, K.J., M.E. Burrows, R.F.  Frasny, and  s.H.  Sleight,
 III.  1975.  Bioconcentration of  14C pesticides by bluegill sunfish
 during continuous exposure.  Pp. 119-142 in Structure-activity
 correlations in studies of toxicity and bioconcentration with aauatic
 organisms.  Proceedings of a Symposium, Burlington, Ontario, March
 11-13, 1975.  G.D. Veith and D.E. Konasewich, eds.  Sponsored by
 Standing Committee on Scientific Basis for Water Quality Criteria of
 the International Joint Commission's Research Advisory Board.

      (3)   Schimmel, S.C., J.M. Patrick Jr., and A.J.?Wilson.  1977.
 Acute toxicity to and bioconcentration of endosulfan by estuarine
 animals.  Pp.  241-252 in Aquatic Toxicology and Hazard Evaluation.
 F.L. Mayer and J.L..  Hamelink, eds.  STP #634, American Society for
 Testing and Materials, Philadelphia, Pa.

      (4)   Branson,  D.R.,  G.E.  Blau, H.C. Alexander, and W.B.  Neely.
 1975.   Bioconcentration  of 2,2',4,4'-tetrachlorobiophenyl in-rainbow
 trout  as  measured by an  accelerated test.   Trans.  Am. Fish. Soc.
 104(4) :785-792.	~	:	
   72~7   Simulated or  actual field testing for aquatic organisms
      (a)  When  required.   (1)   Data from any of  the following kinds
of tests .are  required  by  40  CFR §  158.145,  on a  case-by-case basis,
to support the  registration  of  an  end-use product intended for- out-
door  application.  Consultation with the Agency  is advised before
undertaking these tests.   Whenever data  are required by 40 CFR
§ 158.145, the  determination will  be made in writing by the Agency
and will state  which properties  and use  patterns of the product
were  used in  the deterziination.  The following criteria are provided
as further guidance;                          ,

      (i)  Data  frctn a  short-term simulated  field test (or  an actual
short-term field test) are required  by 40 CFR §  158.145 to support
tne registration of an end-use product which  is  likely  to  cause
adverse short-term or acute  effects  on fish or aquatic  invert°-
brates.  The  short-term simulated  field  test  (where confined
populations are observed) should be  selected  if  it  can  yield  data
useful in assessing such risks.  An  actual short-term field test
(where natural populations are observed)  may  be  needed  if  a  s^-
mulated test would not suffice.  The determination  of test selec-
tion or whether either should be conducted should take  into  account
available laboratory toxicity data, use  pattern  information, and
exposure information.

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                               84

     (ii)  Data from a long-term simulated field test (or an actual
long-term field test) are required by 40 CFR § 158.145 to support
the registration of an end-use product which is likely to cause
adverse long-term, cumulative, or life-cycle effects in fish or
aquatic invertebrates.  The long-term Simulated field test (where
growth and reproduction:of confined populations are observed)
should be selected if it:can yield data useful in assessing such
risks.  An actual long-term field test (where growth and reproduction
of natural populations are observed).may be needed if the simulated
test would not suffice.:  The determination of test selection or
whether either should be conducted should take into account available
laboratory .toxicity data, use pattern.information, and exposure
information.                  :.      :       :      .  :  :

     (2)  See 40 CFR § 158.50, "Formulators'  exemption," to determine
whether these data must be submitted.   Section II-A of this
Subdivision provides an additional discussion on this Subject.

     (b)  Test standards.  Data sufficient to satisfy the require-
ments in 40 CFR § 158.145 should be derived from tests which comply
with the general test standards in § 70-3 and the following test
standards:

     (1)  Test substance.  Unless specified otherwise, data shall
be derived from testing conducted with an end-use product [or with
an end-use product whose properties are like those of products to
which the determination under paragraph (a) of this section applies].
An "end-use product" may be the applicant's own product or a typical
end-use product.

     (2)  Concentration analysis.  The concentration of the test
substance in the water should be determined at the start of the study
and collected periodically for analysis to verify concentrations.

     (3)  Test conditions.  The test conditions for conducting field
tests should resemble the conditions likely to be encountered under
actual use.  Specifically, the pesticide should be applied according
to the rate, frequency, and method specified on the label.

     (4)  Endangered species.  Studies should not be conducted in
critical habitats or areas containing, or suspected to contain,
endangered or threatened plants or animals which may be threatened
by the.tests to be conducted.

     (5)  Residue levels.  When the test substance is applied under
simulated or actual field condition testing, residues should be
determined in appropriate vegetation,  soil, water, sediments, and
other environmental components, and in selected tissues of test
organisms.

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                                 85
  „.    (6]   Other sta"dards.  Any additional standards for conducting
  uhese tests will be provided by the Agency in writing following
  consultation between the applicant and the Agency, and will take into
  account the mechanise by which a pesticide may enter the envS^n?,
  and the food sources and habitats that may be affected.

       (c)   Reporting and evaluation of data.   m addition to the
  information provided in § 70-4,  specific data reoorting  and evalua-
  tion guidance  should be determined by consultation with  the Agency.

       (d)   References .   The following references can provide useful
  background information for conducting a simulated  or actual field
  study for  aquatic organisms.

       (1)   Coppage,  D.L.  1971.  Characterization of fish  brain  acetyl-
  cholinesterase with  an  automated PH  stat  for  inhibition  studies.
  Bull.   Environ.  Contam.  Toxicol.  6(4 ) :304-3 10.

       (2)   Klngsbury, P.O.  1976.  studies of the  impact of ae-ial
  applications of the  synthetic pyrethroid NRDC-143  on aquatic
  ecosystems.  Chemical Control Research  Institute,  Department o*
  the Envornment, Ottawa, Ontario.  Report CC-X-127  (unpublished
 ^    (3)  Macek,  K.J., D.F. Walsh, J.W. Hogan and D.D. Holz. 1972.
 Toxicity of the insecticide Dursban® to fish and aouatic inve-e-
 fcrates in ponds.  Trans .  Am. Fish. Soc. 1 0 1 ( 3 ): 420-427 .

      (4)  Nicholson,  H.P.,  H.J.  Webb,  G.J.  Lauer, R.E.. o' Brian, A.R.
 farm    T  $'"'   Shankli-  1962«  --cticide contamination In a
 farm pond.  Part  I -  Origin and  Duration; Part II - Biological
 Effects.  Trans.  Am.  Fish Soc. 91 (2 ): 2 13222.


 4th  Ed^  SChSmftZ'  S'D-'  ed' 198°-  Wildlife  Management Techniques .
 4th  Ed.: revised.   The Wildlife  Society,  Inc.,  Washington,  D.C."
 / Z. £  P  •
 1974   E^rt2' M'E", PWW'1 3°rthwick'  G'H-  Cook  and  D.L.  Coppaae.
 1974.  ^.fects or ground applications of Malathion on  salt  marsh'
 environments in northwestern Florida.  Mosauitp_News 34 (3 ) : 309^ 3 15.
^enedh          °f Interi°r'  1977'  National Handbook of Recom
Reston, VA     "'   ^ ^ AC^isition-  *'** Geological Survey,
1972   Ric'<''  > Amed' J-D'.I4n» »<* K.G.'whitesell.
             "   mos^lto c°ntrol studies with low volume Dursban®
sor.v                                                       u
nonSr ^        ^^ ' Californi-  ™ Effects upon aquatic
nontarget organisms.   Mosquito News 32 (4 } -53 1-537

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                                 86
     (9)  Weber, C.I., Ed.  1973.  Biological field and laboratory
methods for measuring the quality of surface waters and effluents.
U.S.  Environ. Protect. Agcy, ORD, Environmental Moritoring Series,
EPA-670/4-73-001 (July 1973).

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   5o?r? -i
  ["REPORT DOCUMENTATION  ; i... REPORT No.
  i         PAGE           ]
      Subdivision E - Hazard Evaluation:   Wildlife  and
                       Aquatic Organisms.
  I 7. Auinordj  '• . .                                 -
 I 5- Seppn One
  October 1982
      Ecological Effects  Branch, HED, OP
   9. P.rforrrun; O'giniulion film, »nd Aacr.ss
      Office  of  Pesticide Programs
  !    U.S. Environmental  Protection Agency
  i    Washington,  D.C.  20460
; 10. Proj*cS/TjiX/Wofh Unit No.
i

,' 11. ConUaciiC; cc Grantt'G) No.
   12. Sponsoring Orjan.zj :;an Njm. and Aaoress
      Office of  Pesticide Programs
  j    U.S. Environmental Protection Agency
      Washington,.D.C. '20460
! Guideline

   15. SupciemenUry Natcl
      Guidelines  Project Manager:   Robert K.  Hitch
             Subdivision S is  a  guideline package which  is intended to  support
        the FIFHA  (Federal Insecticide Fungicide and Rodenticide Act)  data'
        •requirements in 40 CFR Part 158.  Subdivision E  provides test protocols
        for identifying the effects of pesticides on nontarget fish and:wild-
        life .  The  guidelines  state when a  test is required,  the testing standards
        that should be met, the  data that should be reported, and references to
        appropriate test methods.

             Subdivision E is  only 1 Volume  of  a twelve-part  FIFRA guideline
        series published by the  National Technical Information service.
  L7. Oocument An
    S. icientifiers/Open-Endec! Tcrmi
   =. COSA7; rTeid/G.-o
        l.tjr Sijt«meru
                                                                      ;ThcS Rtoon)
                                                                                    21. No. of Peg*
                                                                ty Ciui (TMi ?age
                                                                                    22. Price
(S« ANSI-I39.13)
                                                                                         . FQflM 272 ("4-771
                                                                                          NT1S-35J

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