Notice of Hearing on the Application to Use Sodium Fluoroacetate ...

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accordant? ;qj :h 49 CF? I a4.131 (cj and hzs trip ie a; screc;on i3 3rPc r uae
the ro-opening <strong>of</strong> iss~es
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csnsi2erza ~3 nav? been ?rcceriy bdetz.miced in
prior proceedi ngs. For 2xamp12, the ,Admi n i scrator night have i ini'2c
the issues to 1G80 delivery mechanisxs not ccnsidersd in the I972 order,
but appears to have chos2n instead that a1 1 issues in ccnnection with
the use <strong>of</strong> 1080 as a method <strong>of</strong> predator control would be adjudicated.
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The Adininii~.rator should not and cannor be rlqu'r-?d ro isnore the
fact that a1 though the 1972 order misht have been contzsted in administratjve
or judicial proceedings, no such cancest was institutd, and chat fjndings
suppcrti ng the 1372 ordsr rema i n ni ghl y contr.oversi a,1 , tinder these
circumstances, rigid prin~iplss <strong>of</strong> final i ty appropriat2 fsr t?e caurts
are not appl icable and i nasnuch as the Administrator *defer7i ned that a1 1
issuns bearing on 'fie I972 order wctild be adjudicated ne~ein, t,ye
,4drrii,ni;traior and the ALJ may, after evidence mee-cing :he srl ria <strong>of</strong>
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154.131 (a) has been presented cn the record, and consi stsnt with 10 CF?
164.132, appropriately consider the enti re record in determining whether
reversal or modification <strong>of</strong> the 1972 order is required. 32 that as ic
may, the 1080 delivery systems authorized herein, the toxic collar and
SLD baits, were not considered in the 1972 order and were beyond the
scope <strong>of</strong> that proceeding. Accordingly, there can be no question, but
that evidence whether pre- or post-1972 is properly for consideration.
It has been contended that the testimony <strong>of</strong> Nr. Harry Loats, a
witness for USDA who sponsored a mathematical model projecting the
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