[Federal Register Volume 61, Number 159 (Thursday, August 15, 1996)]
[Proposed Rules]
[Pages 42495-42497]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-20726]



  Federal Register / Vol. 61, No. 159 / Thursday, August 15, 1996 / 
Proposed Rules  

[[Page 42495]]



DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AD41


Migratory Bird Hunting; Proposal for Approval of Bismuth-Tin Shot 
as a Nontoxic

AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to amend 
Section 20.21(j) by approving bismuth-tin shot as nontoxic for hunting 
waterfowl and coots. Acute, chronic, and reproductive toxicity studies, 
undertaken for the Bismuth Cartridge Company, indicate that bismuth-tin 
shot is nontoxic when ingested by waterfowl (captive-reared mallards).

DATES: Comments on this proposal must be received by August 15, 1996.

ADDRESSES: Written comments should be sent to: Chief, Office of 
Migratory Bird Management, U.S. Fish and Wildlife Service, Department 
of the Interior, ms 634--ARLSQ, 1849 C Street NW., Washington, D.C. 
20240

FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, Chief, or Cyndi 
Perry, Wildlife Biologist, Office of Migratory Bird Management (MBMO), 
U.S. Fish and Wildlife Service, (703/358-1714).

SUPPLEMENTARY INFORMATION: Since the mid-1970s, the Service has sought 
to identify shot that, when spent, does not pose a significant toxic 
hazard to migratory birds and other wildlife. Currently, only steel 
shot is approved by the Service as nontoxic. The Service believes 
approval for other suitable candidate shot materials as nontoxic is 
feasible. The Service is eager to consider these other materials for 
approval as nontoxic shot.
    The requirement to use nontoxic shot for hunting waterfowl and 
coots created resistance among some hunters with only steel shot 
available. With the resistance came an unknown level of noncompliance. 
Although compliance with the use of nontoxic shot has increased over 
the last few years, the Service believes that this level of compliance 
will escalate with the availability and approval of other nontoxic shot 
types.
    On October 21, 1993, the Bismuth Cartridge Company petitioned the 
Service to approve bismuth-tin shot for hunting waterfowl and coots. At 
that time the company had not undertaken the studies necessary to 
demonstrate that bismuth-tin shot is nontoxic to waterfowl and the 
Service did not approve their petition. On June 24, 1994, the Bismuth 
Cartridge Company petitioned the Service to modify provisions of 50 CFR 
20.21(j), to legalize the use of bismuth-tin shot on an interim, 
conditional basis for the 1994-95 and 1995-96 hunting seasons while 
conducting toxicity tests. The petitioner's supporting rationale was: 
1) bismuth is nontoxic; 2) the rule is conditional; and 3) the evidence 
presented in the record, i.e., the application from the Bismuth 
Cartridge Company. The petition acknowledged responsibility of the 
Bismuth Cartridge Company to complete all the nontoxic shot approval 
tests outlined in 50 CFR 20.134. Final regulations published in the 
Federal Register (January 3, 1995, [60 FR 61] and August 18, 1995 [60 
FR 43314]) provided for conditional approval of bismuth-tin shot 
(nominally, 97 parts bismuth and 3 parts tin) as nontoxic for hunting 
waterfowl and coots during the 1994-95 and 1995-96 seasons, 
respectively. Final regulations published elsewhere in today's Federal 
Register extends this temporary approval for the 1996-97 season. A 
complete review of the bismuth-tin shot application and review process 
is in the January 3, 1995, Federal Register.
    Aside from recently completed toxicity studies there are several 
other works that support the Service's decision. Sanderson et al. 
(1994), Ringelman et al. (1992), and Sanderson et al. (1992) saw no 
adverse effects when bismuth alloy shot was ingested by captive-reared 
mallards. In Grandy et al. (1968), there were no deaths associated with 
mallards dosed with tin shot.
    The Service saw completion of several conditions prior to this 
proposal to approve bismuth-tin shot as nontoxic. First, a series of 
toxicity tests demonstrating that bismuth-tin was nontoxic to waterfowl 
is necessary. The Service reviewed and approved the employed testing 
protocol with technical assistance provided by the National Biological 
Service (NBS).
    The short-term (30 day) acute toxicity test entails dosing ducks 
with shot and feeding them commercially available duck food. 
Researchers record survival, body weight, blood hematocrit, and organ 
analysis. Survival to 30 days post dosing, hematocrit values, body 
weight, mean weight of kidney, liver, gonad, and gizzard were similar 
in game-farm mallards dosed with either six No. 4 bismuth-tin shot, six 
No. 4 steel shot, or a placebo (control)(Sanderson et al. 1995).
    The 14-week chronic toxicity test entails dosing ducks with either 
lead shot, steel shot, bismuth-tin shot, or a placebo (control group), 
during cold weather using a nutritionally deficient diet. Researchers 
record the results of the survival, body weight, retention and 
dissolution of shot, blood and tissue analysis, and histopathology. 
Sixty-five male and sixty-five female mallards underwent doses of 
either No. 4 lead, or steel or bismuth-tin shot, or a placebo (control 
group) on Days 0, 30, 60, and 90. All lead-dosed ducks died within 14 
days of initial dosing. All steel- and placebo-dosed ducks survived 
until sacrificing. All bismuth-tin dosed ducks survived until 
sacrificing except one female who died of undetermined causes 131 days 
post dosing after laying 16 eggs. In general, the chronic test 
documents the absence of any deleterious effects of these bismuth-tin 
doses on captive-reared mallards (Sanderson et al. 1996).
    The reproductive toxicity test is a chronic dosage study which 
includes assessment of reproduction, fertility rates, and egg 
hatchability. For eggs, researchers record weight, shell thickness, and 
content analysis, and for ducklings record body weight, sex ratios, 
blood and organ analysis. This test runs concurrently with the chronic 
study. Results confirmed no significant differences in the time 
required for either control, steel, or bismuth-tin-dosed ducks to lay 
21 eggs, and no differences in the dates when the three dosed groups 
began to lay. Similarly, no significant differences among doses in the 
fertility rates, hatchability rates, or chemical content of the eggs 
arose. In ducklings, no significant differences among doses in the mean 
body weight (by day 7), sex ratios, hematocrit, mean weights of kidney 
and liver, mean amounts of elements in organs, or in the histopathology 
results arose(Sanderson et al. 1996).
    As a result of these toxicity tests, the Service concludes that 
bismuth-tin shot composed of 97 parts bismuth and 3 parts tin with <1 
percent residual lead does not impose significant danger to migratory 
birds and other wildlife and their habitats.
    The second condition of approval was residual lead levels. The 
Service considers any bismuth-tin shot manufactured with lead levels 
equal to or exceeding 1 percent to be toxic and therefore, illegal. 
Bismuth may occur as a by-product of iron, copper, and tin smelting and 
often contains lead. In the August 18, 1995, Federal Register, the 
Service indicated that it would establish a maximum level for residual 
lead. The Service, in consultation with the NBS,

[[Page 42496]]

determined the maximum environmentally acceptable level of lead in 
bismuth-tin shot is trace amounts or <1 percent and is incorporating 
that requirement into the final rule.
    Finally, enforcement is an important component in the approval of 
any alternative shot material. In the August 18, 1995, Federal 
Register, the Service indicates that final unconditional approval would 
be contingent upon the development and availability of a noninvasive 
field testing device. Several noninvasive field testing devices are 
available. Service Law Enforcement personnel assessed these devices 
determining them to be accurate and useful.
    This proposed rule would amend 50 CFR 20.21(j) by approving 
bismuth-tin shot for use in hunting waterfowl and coots. It is based on 
the original request made to the Service by the Bismuth Cartridge 
Company on October 21, 1993. Results of the acute, chronic, and 
reproductive toxicity tests undertaken for the Bismuth Cartridge 
Company document the apparent absence of any deleterious effects of 
bismuth-tin shot when ingested by captive-reared mallards.

References

    Grandy, J.W., L.N. Locke and G.E. Bagley. 1968. Relative toxicity 
of lead and five proposed substitute shot types to pen-reared mallards. 
J.Wildl. Manage. 32(3):483-488.
    Ringelman, J.K., M.W. Miller and W.F. Andelt. 1992. Effects of 
ingested tungsten-bismuth-tin shot on mallards. CO Div. Wildl., Fort 
Collins, 24 pp.
    Sanderson, G.C., W.L. Anderson, G.L. Foley, L.M. Skowron and J.W. 
Seets. 1994. Toxicity and reproductive effects of ingested bismuth 
alloy shot and effects of embedded bismuth alloy, lead, and iron shot 
on game-farm mallards. Final Report. Ill. Nat. Hist Survey. Champaign, 
IL. 64pp.
    Sanderson, G.C., S.G. Wood, G.L. Foley and J.D. Brawn. 1992. 
Toxicity of bismuth shot compared with lead and steel shot in game-farm 
mallards. Trans. 57th N.A. Wildl. Nat. Res. Conf., 57:526-540.
    Sanderson, G.C., W.L. Anderson, G.L. Foley, L.M. Skowron, J.D. 
Brawn and J.W. Seets. 1995. Toxicity of ingested bismuth alloy shot on 
game-farm mallards (Revised Final Report). Report to Peterson 
Publishing Company by the Univ. of Illinois, Ill. Nat. Hist. Survey. 
Champaign, IL. 69pp.
    Sanderson, G.C., W.L. Anderson, G.L. Foley, K.L. Duncan, L.M. 
Skowron, J.D. Brawn and J.W. Seets. 1996. Toxicity and reproductive 
test including chronic health effects of ingested bismuth alloy shot on 
game-farm mallards (Revised Final Report). Report to Peterson 
Publishing Company by the Univ. Illinois, Ill. Nat. Hist. Survey. 
Champaign, IL. 113pp.

Comment Procedure

    It is the policy of the Department of the Interior to afford the 
public an opportunity to participate in the rulemaking process, 
whenever practical. Accordingly, interested persons may participate by 
submitting written comments to the Chief, MBMO, at the address listed 
under the caption ADDRESSES. The public may inspect comments during 
normal business hours at the Service's office address listed under the 
caption ADDRESSES. The Service will consider all relevant comments 
received and will try to acknowledge received comments, but may not 
provide an individual response to each commenter.

NEPA Consideration

    In compliance with the requirements of section 102(2)(c) of the 
National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4332(C), 
and the Council on Environmental Quality's regulation for implementing 
NEPA (40 CFR 1500-1508), the Service prepared an Environmental 
Assessment (EA) in July 1996. Copies of this EA are available to the 
public by writing to the Office of Migratory Bird Management at the 
address indicated under the caption ADDRESSES. After review and 
evaluation of the information in the Environmental Assessment, the 
Service determined that the proposed action to amend 50 CFR 20.21(j) to 
allow use of bismuth-tin shot as nontoxic for hunting waterfowl and 
coots would not be a major Federal action that would significantly 
affect the quality of the human environment.

Endangered Species Act Considerations

    Section 7 of the Endangered Species Act (ESA) of 1972, as amended 
(16 U.S.C. 1531 et seq.), provides that, ``The Secretary shall review 
other programs administered by him and utilize such programs in 
furtherance of the purposes of this Act'' (and) shall ``insure that any 
action authorized, funded or carried out ... is not likely to 
jeopardize the continued existence of any endangered species or 
threatened species or result in the destruction or adverse modification 
of (critical) habitat ...'' The Service completed a Section 7 
consultation under the ESA for this proposed rule. The result of the 
Service's consultation under Section 7 of the ESA are public documents 
and are available for public inspection in the Division of Endangered 
Species and the Office of Migratory Bird Management, U.S. Fish and 
Wildlife Service, Arlington Square, 4401 N. Fairfax Drive, Arlington, 
Virginia.

Regulatory Flexibility Act, Executive Order 12866, and the 
Paperwork Reduction Act

    The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.) 
requires the preparation of flexibility analyses for rules that will 
have a significant effect on a substantial number of small entities, 
which includes small businesses, organizations or governmental 
jurisdictions. The Service determined, however, that this proposed rule 
will have no effect on small entities since the approved shot merely 
will supplement nontoxic shot already in commerce and available 
throughout the retail and wholesale distribution systems. The Service 
anticipates no dislocation or other local effects, with regard to 
hunters and others. This rule was not subject to Office of Management 
and Budget (OMB) review under Executive Order 12866. The Service has 
examined this regulation under the Paperwork Reduction Act of 1995 and 
found it to contain no information collection requirements.

Unfunded Mandates

    The Service has determined and certifies in compliance with the 
requirements of the Unfunded Mandates Act, 2 U.S.C. 1502 et seq., that 
this rulemaking will not impose a cost of $100 million or more in any 
given year on local or State government or private entities.

Civil Justice Reform - Executive Order 12988

    The Service, in promulgating this proposed rule, has determined 
that these regulations meet the applicable standards provided in 
Sections 3(a) and 3(b)(2) of Executive Order 12988.

Authorship

    The primary author of this proposed rule is Cynthia M. Perry, 
Office of Migratory Bird Management.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Reporting and record keeping 
requirements, Transportation, Wildlife.
    Accordingly, Part 20, Subchapter B, Chapter I of Title 50 of the 
Code of Federal Regulations is proposed to be amended as follows:


[[Page 42497]]



PART 20--[AMENDED]

    1. The authority citation for Part 20 continues to read as follows:
    Authority: 16 U.S.C. 703-711; 16 U.S.C. 712 and 16 U.S.C. 742 a-
j.
    2. Section 20.21 is amended by revising the introductory text of 
paragraph (j) and paragraph (j)(2) to read as follows:

Sec. 20.21  Hunting methods.

 * * * * *
    (j) While possessing shot (either in shotshells or as loose shot 
for muzzleloading) other than steel shot, bismuth-tin (97 parts 
bismuth: 3 parts tin with <1 percent residual lead) shot or such shot 
approved as nontoxic by the Director pursuant to procedures set forth 
in Sec. 20.134. Provided that:
* * * * *
    (2) Bismuth-tin shot (97 parts bismuth: 3 parts tin with <1 percent 
residual lead) is legal as nontoxic shot.

    Dated: August 1, 1996
George T. Frampton, Jr.,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 96-20726 Filed 8-14-96; 8:45 am]
BILLING CODE 4310-55-F