[Federal Register Volume 63, Number 194 (Wednesday, October 7, 1998)]
[Rules and Regulations]
[Pages 54016-54019]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-26856]



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Part III





Department of the Interior





_______________________________________________________________________



Fish and Wildlife Service



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50 CFR Part 20



Migratory Bird Hunting; Extension of Temporary Approval of Tungsten-
Iron Shot as Nontoxic for the 1998-99 Season; Final Rule

  Federal Register / Vol. 63, No. 194 / Wednesday, October 7, 1998 / 
Rules and Regulations  

[[Page 54016]]



DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AE35


Migratory Bird Hunting; Extension of Temporary Approval of 
Tungsten-Iron Shot as Nontoxic for the 1998-99 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Fish and Wildlife Service (Service) amends Section 
20.21(j) to grant temporary approval of tungsten-iron shot as nontoxic 
for the 1998-99 migratory bird hunting season, except in the Yukon-
Kuskokwim (Y-K) Delta region, Alaska. The Service had previously 
granted temporary approval of tungsten-iron shot as nontoxic for the 
1997-98 season. The toxicological report, which is an extensive 
literature search and analysis of tungsten and tungsten-iron, suggests 
that these compounds are nontoxic under assumed use and in the 
environment. Analysis of the toxicity study reveal no adverse effects 
over a 30-day period when dosing mallards (Anas platyrhynchos) with 8 
BB size tungsten-iron shot.

DATES: This rule takes effect on October 7, 1998.

ADDRESSES: Copies of the EA are available by writing to the Chief, 
Office of Migratory Bird Management (MBMO), U.S. Fish and Wildlife 
Service, 1849 C Street, NW., room 634-ARLSQ, Washington, DC 20240. The 
public may inspect comments during normal business hours in room 634, 
Arlington Square Building, 4401 N. Fairfax Drive, Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: Robert J. Blohm, Acting Chief, Office 
of Migratory Bird Management, U.S. Fish and Wildlife Service, (703) 
358-1838.

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. The Service established 
procedures and requirements for approval of shot and shot coatings as 
nontoxic in 1986 and published them in 50 CFR 20.134. The Service 
adopted new procedures in December 1997. These are published at 50 CFR 
20.134. Currently, only steel shot and bismuth-tin shot are approved by 
the Service as nontoxic shot. The Service granted temporary approval of 
bismuth-tin as nontoxic on two separate actions for the hunting seasons 
of 1994-95 and 1995-96. Tungsten-iron shot was given temporary approval 
for the 1997-98 migratory bird hunting season (62 FR 43444 published 
August 18, 1997). The Service believes approval for other suitable 
candidate shot materials as nontoxic is feasible. Compliance with the 
use of nontoxic shot is increasing over the last few years. The Service 
believes that this level of compliance will continue to increase with 
the availability and approval of other nontoxic shot types.
    Federal Cartridge Company's (Anoka, Minnesota) candidate shot is 
made from sintering tungsten and iron, which together forms a two-phase 
alloy. Shot made from this material has a density of approximately 10.3 
g/cc or 94 percent of the density of lead. The shot will contain 
nominally 55 percent tungsten and 45 percent iron, by weight. The 
pellet will have sufficient iron to attract a magnet.
    Federal's application includes a description of the new tungsten-
iron shot, a toxicological report, and results of a 30-day dosing study 
to assess the toxicity of this shot in game-farm mallards (Anas 
platyrhynchos). The toxicological report incorporates toxicity 
information (a synopsis of acute and chronic toxicity data for birds, 
acute effects on mammals, potential for environmental concern, toxicity 
to aquatic and terrestrial invertebrates, amphibians and reptiles), and 
information on environmental fate and transport (shot alteration, 
environmental half-life, and environmental concentration). The toxicity 
study is a 30-day dosing test to determine if the candidate shot poses 
any deleterious effects to game farm mallards. This meets the 
requirements of Tier 1 and Tier 2, 50 CFR 20.134(b)(2) and (b)(3)(B).

Toxicity Information

    There is considerable difference in the toxicity of soluble and 
insoluble compounds of tungsten and iron. Elemental tungsten and iron 
are virtually insoluble and, therefore, are expected to be nontoxic. 
After completion of the literature review, there appears to be no known 
basis for concern of toxicity to wildlife for the candidate shot 
material (metallic tungsten and iron) via ingestion by fish, birds, or 
mammals (Bursian et al., 1996; Gigiena, 1983; Patty, 1981; Industrial 
Medicine, 1946; Karantassis, 1924). However, there is some concern that 
the absorption of tungsten into the femur, kidney, and liver could 
potentially affect certain endangered or threatened species such as the 
spectacled eider (Somateria fischeri) on the Y-K Delta, Alaska. Until a 
reproductive/chronic toxicity test has been completed and the Service 
has reviewed the results, tungsten-iron shot will not be approved for 
the Y-K Delta.

Environmental Fate and Transport

    Tungsten is insoluble in water and, therefore, not mobile in 
hypergenic environments. Tungsten is very stable with acids and does 
not easily complex. Preferential uptake by plants in acid soil suggests 
uptake of tungsten in the anionic form associated with tungsten 
minerals rather than elemental tungsten (Kabata-Peddias, 1984).

Environmental Concentration

    Calculation of the environmental concentration (EEC) for a 
terrestrial ecosystem is on 69,000 shot per hectare (Pain 1990), 
assuming complete erosion of material in 5 cm of soil. The EEC for 
tungsten in soil is 32.9 mg/kg for a shot composition of 62.9 percent 
tungsten-iron alloy, 11.87 percent tungsten, and 25.31 percent iron. 
Adverse effects on biota are not expected to occur for shot components, 
given the Hazard Quotients (HQs).

Environmental Concentration

    Calculation of the environmental concentration (EEC) for an aquatic 
ecosystem assumes complete erosion of the shot in one cubic foot of 
water. The EEC in water for tungsten was 10.5 mg/L for a shot 
composition of 62.9 percent tungsten-iron alloy, 11.87 percent 
tungsten, and 25.31 percent iron. Given these HQs, adverse effects on 
biota are not expected to occur for shot components.
    An extensive literature search and review provides information on 
the toxicity of elemental tungsten to waterfowl and other birds. In 
Ringelman et al. (1993) effects of ingested tungsten-bismuth-tin (TBT) 
shot on captive mallards saw no acute toxicity. Orally dosing 20 8-
week-old game farm mallards with 12 to 17 pellets (1.03g) TBT and 
monitoring for 32 days for evidence of intoxication saw no effect. No 
birds died during the trial. Gross lesions were not observed during the 
postmortem examination. Histopathological examination did not reveal 
any evidence of toxicity or tissue damage. Tungsten was not detectable 
in kidney or liver samples. The author's conclusion is that TBT shot 
presents virtually no potential for acute intoxication in mallards.
    A study by Kraabel et al. (1996) assesses the effects of embedded 
tungsten-bismuth-tin shot on mallards. The authors' conclusion was that 
TBT is not acutely toxic when implanted in

[[Page 54017]]

mallard muscle tissue. Inflammatory reactions to TBT shot were 
localized, and had no detectable systemic effects on mallard health.
    Nell (1981) fed laying hens 0.4 or 1 g/kg tungsten in a commercial 
mash for five months to assess the reproductive performance. Weekly egg 
production was normal and hatchability of fertile eggs was not 
affected.
    Large doses of tungsten given to chickens (Gallus domesticus) 
either through injection or by feeding saw an increase in tissue 
concentration of tungsten and a decreased tissue concentration of 
molybdenum (Nell, 1981). The loss rate of tungsten from the liver 
occurred in an exponential manner with a half-life of 27 hours. The 
alterations in molybdenum metabolism seem to identify with tungsten and 
not of molybdenum deficiency. Death due to tungsten occurred when 
tissue concentrations were increased to 25 mg/g liver. At this 
concentration, the activity of xanthine dehydrogenase was zero.
    In Federal's 30-day dosing study 8 male and 8 female adult mallards 
given 8 No. 4 steel shot, 8 No. 4 lead shot or 8 BB's of tungsten-iron 
were observed over a 30-day period. An additional 8 males and 8 females 
were given no shot. All tungsten-iron birds survived the test with a 
slight increase in body weight. There were no changes in hematocrit, 
hemoglobin concentration, and ALAD activity, as well as 25 plasma 
chemistry parameters. Five of the 16 tungsten-iron birds had a mild 
hepatocellular biliary stasis, but the authors felt this was not 
remarkable. No other histopathological lesions were found. In general, 
no adverse effects were seen when mallards were given 8 BB size 
tungsten-iron shot and monitored over a 30-day period. Fifty percent of 
the lead-dosed birds (5 males and 3 females) died during the 30-day 
test while there were no mortalities in the other groups. Lead-dosed 
birds were the only ones to display green excreta, lethargy, and 
ataxia. Alteration of body weights is not significant in any of the 
treatments, although lead-dosed birds which died during the trial lost 
an average of 30 percent of their body weight. Hematocrit, hemoglobin 
concentrations, and aminolevulinic acid dehydratase (an enzyme 
important to hemoglobin synthesis) activity were significantly 
depressed at day 15 in the lead-dosed females, while lead-dosed males 
had significantly depressed hematocrit and hemoglobin concentration in 
comparison to the other three groups. There were no significant 
differences in these whole-blood parameters at day 30.
    As a result of the toxicological report and toxicity test, the 
Service concludes at this time that the available information indicates 
that tungsten-iron shot, nominally 40-55 percent tungsten and 60-45 
percent iron, by weight with <1 percent residual lead, does not impose 
significant danger to migratory birds and other wildlife and their 
habitats, but that reproductive/chronic toxicity data is lacking.
    Lacking sufficient reproductive/chronic toxicity data on the 
candidate shot, the applicant was advised to conduct additional testing 
as described in Tier 2 and Tier 3 as outlined in 50 CFR 20.134(b)(3) 
and (4), and in consultation with the Service's Office of Migratory 
Bird Management and the U.S. Geological Survey's Division of Biological 
Resources (BRD). One test includes assessment of reproduction, 
fertility rates, and egg hatchability (egg weight, shell thickness, and 
content analysis). The test requires the applicant to demonstrate that 
tungsten-iron shot is nontoxic to waterfowl and their offspring.
    The Service's maximum environmentally acceptable level of residual 
lead in shot is trace amounts of <1 percent (50 CFR 20.134(b)(5)). The 
Service will consider any tungsten-iron shot manufactured with lead 
levels equal to or exceeding 1 percent as toxic and, therefore, 
illegal. At this time, the tungsten-iron shot meets the acceptable 
specifications.
    Before approval of any shot for use in migratory game bird hunting, 
a noninvasive field testing device must be available for enforcement 
officers to determine the shot material in a given shell in the field 
(50 CFR 20.134(b)(6)). Several noninvasive field testing devices are 
under development to separate tungsten-iron shot from lead shot. 
Tungsten-iron shot can be drawn to a magnet as a simple field detection 
method.
    In summary, this rule amends 50 CFR 20.21(j) by extending temporary 
approval of tungsten-iron shot as nontoxic for the 1998-99 migratory 
bird hunting season, except in the Y-K Delta region, Alaska. It is 
based on the original request made to the Service by Federal Cartridge 
Company on August 20, 1996, the toxicological report, and acute 
toxicity study reviewed by the Service in its initial decision to grant 
temporary approval for the 1997-98 season (62 FR 43444), and comments 
received on the July 27, 1998 proposed rule (63 FR 40077). Results of 
the toxicological report and 30-day toxicity test undertaken for 
Federal Cartridge Company document the apparent absence of any 
deleterious effects of tungsten-iron shot when ingested by captive-
reared mallards or to the ecosystem. However, there is some concern 
that the absorption of tungsten into the femur, kidney, and liver could 
potentially affect the spectacled eider (Somateria fischeri), a species 
already subject to adverse weather, predation, and lead poisoning on 
the Y-K Delta. Until a reproductive/chronic toxicity test has been 
completed and the Service has reviewed the results, tungsten-iron shot 
will not be conditionally approved for the Y-K Delta region. 
Information since the Service's initial decision last year has not 
changed or been supplemented to date. A reproductive/chronic toxicity 
test will be completed and the Service will review the results, prior 
to any final unconditional approval of tungsten-iron shot for migratory 
bird hunting.

Public Comments and Responses

    The July 27, 1998 proposed rule published in the Federal Register 
(63 FR 40077) invited public comments from interested parties. The 
closing date for receipt of all comments was August 26, 1998. During 
this 30-day comment period, the Service received one comment.
    The Wisconsin Department of Natural Resources (Wisconsin) supported 
the proposal to grant temporary approval of tungsten-iron as nontoxic 
shot. Wisconsin was concerned, however, with the timing of the proposed 
and final rules. Because of the lateness of the Service's proposed 
rule, relative to the establishing and beginning of the migratory bird 
hunting seasons, Wisconsin was not able to include information on the 
status of tungsten-iron shot in their annual hunting regulations 
pamphlet that went to press in late August. Wisconsin uses the pamphlet 
to inform their hunters as to the availability of different nontoxic 
shot materials and stated that because of the timing of the final rule 
they would not be able to adequately inform their hunters. Wisconsin 
encouraged that any subsequent rules on nontoxic shot be initiated 
earlier in the year so that any final rules would be published before 
August 1.
    Service Response: The Service realizes the information 
dissemination problems caused by conditionally approving tungsten-iron 
shot at this time. However, we believe that the public benefits of 
conditionally approving the shot outweigh any potential timing issues 
and/or problems. We believe that it is in the best interest of the 
hunting public to provide them an additional legal option for hunting 
waterfowl and coots for the 1998-99

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season and it is in the best interest of small retailers who have 
stocked tungsten-iron shot for the coming season. Additionally, we 
believe that another nontoxic shot option likely will improve hunter 
compliance, thereby reducing the amount of lead shot in the 
environment.

Effective Date

    Under the APA (5 U.S.C. 553 (d)) the Service waives the 30-day 
period before the rule becomes effective and finds that ``good cause'' 
exists, within the terms of 5 U.S.C. 553(d)(3) of the APA, and this 
rule will, therefore, take effect immediately upon publication. This 
rule relieves a restriction and, in addition, it is not in the public 
interest to delay the effective date of this rule. During the two prior 
public comment periods for conditional approval the Service received 
six comments. Of these comment letters, three were from individuals, 
two from industry companies, and one from a State natural resource 
agency. As we indicated in our August 13, 1997 final rule, individuals 
expressed support for the temporary approval of tungsten-iron shot 
stating that they ``* * * would love the opportunity to try the new 
shot'' and believed that'' * * *. any nontoxic alternative that 
approaches the effectiveness of lead should be explored.'' All other 
objections have been remedied satisfactorily and were discussed in 
either the August 13, 1997 final rule or under the Public Comment and 
Responses section of this document. It is in the best interest of 
migratory birds and their habitats to extend the conditional approval 
on tungsten-iron shot as nontoxic for the 1998-99 migratory bird 
hunting season. It is in the best interest of the hunting public to 
provide them an additional legal option for hunting waterfowl and coots 
for the 1998-99 season, which began on September 1, 1998. It is in the 
best interest of small retailers who have stocked tungsten-iron shot 
for the coming season. The Services believes another nontoxic shot 
option likely will improve hunter compliance, thereby reducing the 
amount of lead shot in the environment.

References

Barr Engineering Company. 1996. Toxicology Report on New Shot. Contract 
Report 2302118/40970-1/CET. 21 pp.
Bursian, S. J., M. E. Kelly, R. J. Aulerich, D. C. Powell, and S. 
Fitzgerald. 1996. Thirty-Day Dosing Test to Assess the Toxicity of 
Tungsten-Iron Shot in Game-Farm Mallards. 1996. Report to Federal 
Cartridge Co. 77 pp.
Gigiema I. Sanitariya. 1983. Mezhdunarodnaya Kniga. Moscow, USSR. 
48(7):77.
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.
Interagency Ecosystem Management Task Force. 1995. The Ecosystem 
Approach: Healthy Ecosystems and Sustainable Economics. Volume II-
Implementation Issues.
Kabata-Peddias, A. and H. Pendias. 1984. Trace elements in soil and 
plants. CRC Press, Inc. Boca Raton, FL.
Karantassis, T. 1924. On the toxicity of compounds of tungsten and 
molybdenum. Ann. Med. 28:1541-1543.
Kraabel, F. W., M. W. Miller, D. M. Getzy, and J. K. Ringleman. 1996. 
Effects of embedded tungsten-bismuth-tin shot and steel shot on 
mallards. J. Wildl. Dis. 38(1):1-8.
Pain, D. J. 1990. Lead shot ingestion by waterbirds in the Carmarque, 
France: an investigation of levels and interspecific difference. 
Environ. Pollut. 66:273-285.
Patty's Industrial Hygiene and Toxicology. 1981. Wiley Interscience. 
Wiley & Sons, Inc. NY, NY. Third Ed.
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.

NEPA Consideration

    In compliance with the requirements of section 102(2)(C) of the 
National Environmental Policy Act of 1969 (42 U.S.C. 4332(C)), and the 
Council on Environmental Quality's regulation for implementing NEPA (40 
CFR 1500-1508), the Service prepared a Draft Environmental Assessment 
(EA) in May, 1998 and a Final EA in September 1998. This EA is 
available to the public at the location indicated under the ADDRESSES 
caption. Based on review and evaluation of the information in the EA, 
the Service has determined that amending 50 CFR 20.21(j) to extend 
temporary approval of tungsten-iron shot as nontoxic for the 1998-99 
migratory bird hunting season 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 Federal agencies 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 has completed a 
Section 7 consultation under the ESA for this rule and determined that 
granting temporary approval of tungsten-iron shot for the 1998-99 
hunting season, except on the Yukon-Kuskokwin (Y-K) Delta, is not 
likely to affect any threatened, endangered, proposed or candidate 
species. The result of the Service's consultation under Section 7 of 
the ESA is available to the public at the location indicated under the 
ADDRESSES caption.

Regulatory Flexibility 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 economic impacts of annual hunting on small business 
entities were analyzed in detail and a Small Entity Flexibility 
Analysis (Analysis), under the Regulatory Flexibility Act (5 U.S.C. 
601, et seq.), was issued by the Service in 1998 (copies available upon 
request from the Office of Migratory Bird Management). The Analysis 
documented the significant beneficial economic effect on a substantial 
number of small entities. The primary source of information about 
hunter expenditures for migratory game bird hunting is the National 
Hunting and Fishing Survey, which is conducted at 5-year intervals. The 
Analysis utilized the 1996 National Hunting and Fishing Survey which it 
was estimated that migratory bird hunters would spend between $429 and 
$1084 million nationwide at small businesses in 1998. The approval of 
tungsten-iron as an alternative shot to steel and bismuth-tin will have 
a minor positive impact on small businesses by allowing them to sell a 
third nontoxic shot to the hunting public. However, the overall effect 
to hunting expenditures in general would be minor. Therefore, the 
Service determined this 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.

[[Page 54019]]

Executive Order 12866, and the Paperwork Reduction Act

    This rule was not subject to Office of Management and Budget (OMB) 
review under Executive Order 12866.
    E.O. 12866 requires each agency to write regulations that are easy 
to understand. The Service invites comments on how to make this rule 
easier to understand, including answers to questions such as the 
following: (1) Are the requirements in the rule clearly stated? (2) 
Does the rule contain technical language or jargon that interferes with 
its clarity? (3) Does the format of the rule (grouping and order of 
sections, use of headings, paragraphing, etc.) aid or reduce its 
clarity? (4) Would the rule be easier to understand if it were divided 
into more (but shorter) sections? (5) Is the description of the rule in 
the Supplementary Information section of the preamble helpful in 
understanding the rule? What else could the Service do to make the rule 
easier to understand?
    Send a copy of any comments that concern how this rule could be 
made easier to understand to: Office of Regulatory Affairs, Department 
of the Interior, Room 7229, 1849 C Street, N.W., Washington, D.C. 
20240. Comments may also be e-mailed to: E[email protected].

Congressional Review

    In accordance with Section 251 of the Small Business Regulatory 
Enforcement Fairness Act of 1996 (5 U.S.C. 8), this rule has been 
submitted to Congress. Because this rule deals with the Service's 
migratory bird hunting program, this rule qualifies for an exemption 
under 5 U.S.C. 808(1); therefore, the Department determines that this 
rule shall take effect immediately.

Paperwork Reduction Act

    The Service has examined this regulation under the Paperwork 
Reduction Act of 1995 and found it to contain no information collection 
requirements. However, the Service does have OMB approval (1018-0067; 
expires 06/30/2000) for information collection relating to what 
manufacturers of shot are required to provide the Service for the 
nontoxic shot approval process. For further information see 50 CFR 
20.134.

Unfunded Mandates Reform

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

Takings Implication Assessment

    In accordance with Executive Order 12630, these rules, authorized 
by the Migratory Bird Treaty Act, do not have significant takings 
implications and do not affect any constitutionally protected property 
rights. These rules will not result in the physical occupancy of 
property, the physical invasion of property, or the regulatory taking 
of any property. In fact, these rules allow hunters to exercise 
privileges that would be otherwise unavailable; and, therefore, reduce 
restrictions on the use of private and public property.

Federalism Effects

    Due to the migratory nature of certain species of birds, the 
Federal government has been given responsibility over these species by 
the Migratory Bird Treaty Act. These rules do not have a substantial 
direct effect on fiscal capacity, change the roles or responsibilities 
of Federal or State governments, or intrude on State policy or 
administration. Therefore, in accordance with Executive Order 12612, 
these regulations do not have significant federalism effects and do not 
have sufficient federalism implications to warrant the preparation of a 
Federalism Assessment.

Government-to-Government Relationship With Tribes

    In accordance with the President's memorandum of April 29, 1994, 
``Government-to-Government Relations with Native American tribal 
Governments'' (59 FR 22951) and 512 DM 2, we have evaluated possible 
effects on Federally recognized Indian tribes and have determined that 
there are no effects.

List of Subjects in 50 CFR Part 20

    Exports, Hunting, Imports, Reporting and recordkeeping 
requirements, Transportation, Wildlife.

    Accordingly, for reasons set out in the preamble, title 50, Chapter 
1, subchapter B, part 20 of the Code of Federal Regulations is amended 
as follows:

PART 20--[AMENDED]

    1. The authority citation for Part 20 continues to read as follows:

    Authority: 16 U.S.C. 703-712; and 16 U.S.C. 742a-j.

    2. Amend Section 20.21 by revising paragraph (j)(2) to read as 
follows:


Sec. 20.21  Hunting methods.

* * * * *
    (j) * * *
    (2) Tungsten-iron shot (nominally 40 parts tungsten: 60 parts iron 
with <1 percent residual lead) is legal as nontoxic shot for the 1998-
99 migratory bird hunting season, except in the Yukon-Kuskokwim (Y-K) 
Delta region, Alaska.

    Dated: October 1, 1998.
Donald Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 98-26856 Filed 10-6-98; 8:45 am]
BILLING CODE 4310-55-P