[Federal Register Volume 59, Number 225 (Wednesday, November 23, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-28940]


[[Page Unknown]]

[Federal Register: November 23, 1994]


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Part V





Department of the Interior





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Fish and Wildlife Service



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50 CFR Part 20




Migratory Bird Hunting; Notice Concerning the Proposal for Conditional 
Approval of Bismuth-Tin Shot as Nontoxic for the 1994-95 Seasons; 
Proposed Rule
DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018--AC66

 
Migratory Bird Hunting; Notice Concerning the Proposal for 
Conditional Approval of Bismuth-Tin Shot as Nontoxic for the 1994-95 
Seasons

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of the status of Fish and Wildlife Service consideration 
of the use of bismuth-tin as nontoxic shot for migratory bird hunting.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) is notifying the 
public that bismuth-tin is not conditionally approved at this time for 
the 1994-1995 migratory bird hunting season. Initial studies to 
determine the toxicity of bismuth-tin shot have not been completed. A 
decision on conditional interim approval will not be made until these 
initial studies are completed.

FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, Chief or Keith 
Morehouse, Staff Specialist, Office of Migratory Bird Management 
(MBMO), U.S. Fish and Wildlife Service, 634 ARLSQ, 1849 C St. NW, 
Washington, D.C. 20240 (703/358-1714).

SUPPLEMENTARY INFORMATION: The Service published a proposed regulation 
on August 22, 1994 (59 FR 43088) to provide for conditional interim 
approval of bismuth-tin shot as nontoxic for the 1994-1995 migratory 
bird hunting season. This proposed regulation was developed as a result 
of evidence provided in a petition for rulemaking from the Bismuth 
Cartridge Company of June 14, 1994 that this product has a high 
probability of being nontoxic. The petition requested that the Service 
modify the provisions of 50 CFR 20.21(j), to legalize the use of 
bismuth-tin shot on an interim, conditional basis for both the 1994-95 
and the 1995-96 seasons, based upon some scientific evidence (outside 
of the testing procedures required by regulation) and use indicating 
the product is environmentally safe. This petition acknowledged 
responsibility by the Bismuth Cartridge Company to complete the 
nontoxic shot approval procedure studies as outlined in 50 CFR 20.134. 
The proposed rule stated that a final decision on the status of 
bismuth-tin as nontoxic would be held in abeyance pending completion of 
all three tests of the bismuth-tin toxicity studies.
    The toxicity analysis procedures (50 CFR 20.134) consist of three 
tests which represent the three major categories of toxic effects: 
Short-term periodic exposure, chronic exposure under adverse 
environmental conditions, and chronic exposure impact on reproduction. 
Tests include both steel shot and lead shot control groups with 
statistical analyses performed on all data from each test. Test 1 is a 
short-term, 30 day acute toxicity study using commercially available 
duck food and includes blood testing and organ analysis. Test 2 is a 
chronic 14 week toxicity test in cold weather using a nutritionally-
deficient diet and test 3 is a chronic dosage study that includes 
reproductive assessment using a commercially available duck food diet.
    To conduct the 30-day (short-term) acute toxicity study, the 
Bismuth Cartridge Company contracted with Dr. Glen Sanderson, Center of 
Wildlife Ecology, Illinois Natural History Survey. As of September 21, 
1994 (close of the comment period for the proposed rule) Dr. Sanderson 
had completed the dosage and preliminary analysis portion of test 1 
with no mortality reported; however, other required examination and 
analyses (also a part of test 1) were yet to be completed. As provided 
in the proposal for interim approval, published August 22, 1994, ``* * 
* this concluding work will be completed before any final rulemaking * 
* *'' As of November 4, 1994, the Service has not received the 
requisite test results.
    The August 22 proposed rule invited comments from interested 
parties. Closing date for receipt of all comments was September 21, 
1994. During this 30-day comment period, the Service received a total 
of 351 comments. These comments consisted of 2 from Flyway Councils, 5 
from Federal Agencies, 19 from State fish and wildlife agencies, 23 
from other organizations, and 302 from individuals, including a letter 
signed by 33 Congressmen.
    These comments have provided insight into a wide range of issues 
that deserve careful review; however, MBMO considers toxicity testing 
as the key component in the immediate resolution of this issue and the 
development of a Service position. Regulations (50 CFR 20.134) clearly 
describe the procedure to be used for approving shot as nontoxic. There 
is a body of evidence (outside the tests required by regulation) that 
indicates the product is likely to be nontoxic and will be confirmed as 
such during the testing process. However, in the current on-going 
toxicity testing, even the first test of the three test sequence has 
not been completed and for the Service to provide conditional approval 
for the use of bismuth-tin as nontoxic shot, at this time, would be 
ill-advised.
    The analyses are incomplete and a definitive, scientifically 
supported test result and full report that proves the nontoxicity of 
bismuth-tin is presently unavailable. A final determination on the 
status of bismuth-tin will be made by the Service within 2 weeks of 
receipt of this report. Pending completion and review of this ongoing 
testing, the Service is unable to conditionally approve the use of 
bismuth-tin shot at this time. Therefore pursuant to 50 CFR 20.21(j), 
Hunting Methods, steel shot is the only nontoxic shot approved for use 
in hunting waterfowl. In the meantime, testing will continue and 
results will be evaluated as they become available. Following receipt 
of the test results, the Service will make a decision on conditional 
interim approval.

    Dated: November 16, 1994.
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 94-28940 Filed 11-22-94; 8:45 am]
BILLING CODE 4310-55-P