[Federal Register Volume 64, Number 160 (Thursday, August 19, 1999)]
[Rules and Regulations]
[Pages 45400-45405]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-21525]
[[Page 45399]]
_______________________________________________________________________
Part VI
Department of the Interior
_______________________________________________________________________
Fish and Wildlife Service
_______________________________________________________________________
50 CFR Part 20
Migratory Bird Hunting; Final Approval of Tungsten-Iron and Tungsten-
Polymer Shots and Temporary Approval of Tungsten-Matrix and Tin Shots
as Nontoxic for Hunting Waterfowl and Coots; Final Rule
Federal Register / Vol. 64, No. 160 / Thursday, August 19, 1999 /
Rules and Regulations
[[Page 45400]]
DEPARTMENT OF INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AF65
Migratory Bird Hunting; Final Approval of Tungsten-Iron and
Tungsten-Polymer Shots and Temporary Approval of Tungsten-Matrix and
Tin Shots as Nontoxic for Hunting Waterfowl and Coots
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
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SUMMARY: The U.S. Fish and Wildlife Service (Service or we) amends
Section 20.21(j) to grant final approval of tungsten-iron and tungsten-
polymer shots as nontoxic for hunting waterfowl and coots. We also
grant temporary approval of tungsten-matrix and tin shots as nontoxic
for hunting waterfowl and coots during the 1999-2000 hunting season
only. Acute toxicity studies reveal no adverse effects over a 30-day
period on mallards (Anas platyrhynchos) dosed with either tungsten-
iron, tungsten-polymer, tungsten-matrix, or tin shot. Reproductive/
chronic toxicity testing over a 150-day period indicated that tungsten-
iron and tungsten-polymer administered to adult mallards did not
adversely affect them or the offspring they produced. We will not
consider final approval of tungsten-matrix and tin shots until all
required reproductive/chronic toxicity tests are successfully completed
and the results are received and approved by the Director. Tungsten-
iron and tungsten-polymer shots are produced by Federal Cartridge
Company (Federal) of Anoka, Minnesota. Tungsten-matrix shot is produced
by Kent Cartridge Company (Kent) of Kearneysville, West Virginia. Tin
shot is produced by the International Tin Research Institute (ITRI) of
Uxbridge, Middlesex, Great Britain.
DATES: This rule takes effect immediately upon publication on August
19, 1999.
ADDRESSES: Copies of the Environmental Assessments are available by
writing to the Chief, Office of Migratory Bird Management (MBMO), U.S.
Fish and Wildlife Service, 4401 N. Fairfax Dr., Suite 634, Arlington,
VA 22203.
FOR FURTHER INFORMATION CONTACT: Jon Andrew, Chief, Office of Migratory
Bird Management, (703) 358-1714.
SUPPLEMENTARY INFORMATION: Since the mid-1970s, we have sought to
identify shot that does not pose a significant toxic hazard to
migratory birds or other wildlife. Currently, only steel and bismuth-
tin shot are approved as nontoxic. We previously granted temporary
approval for tungsten-iron shot during the 1997-98 (August 13, 1997; 62
FR 43444) and 1998-99 (October 7, 1998; 63 FR 54016) migratory bird
hunting seasons. We also granted temporary approval for tungsten-
polymer (October 7, 1998; 63 FR 54022) and tungsten-matrix (December 8,
1998; 63 FR 67619) shots during the 1998-99 migratory bird hunting
season. Compliance with the use of nontoxic shot has increased over the
last few years. We believe that compliance will continue to increase
with the approval and availability of other nontoxic shot types.
Federal Cartridge Company's (Federal) tungsten-iron shot is an
alloy of approximately 40 percent tungsten and 60 percent iron, by
weight, and has a density of approximately 10.3 g/cm\3\. Tungsten-
polymer shot is a matrix of Nylon 6 or 11 polymer surrounding particles
of elemental tungsten. Shot made from this material has a density of
approximately 11.2 g/cm\3\ or approximately the density of lead. The
shot will contain approximately 95.5 percent tungsten and 4.5 percent
Nylon 6 or 11 by weight).
Kent's original candidate shot was fabricated from what is
described in their application as a mixture of powdered metals in a
plastic matrix whose density is comparable to that of lead. All
component metals are present as elements, not compounds. The tungsten-
matrix material from which pellets are formulated has a specific
gravity of 9.8 g/cm\3\ and is composed of 88 percent tungsten, 4
percent nickel, 2 percent iron, 1 percent copper, and 5 percent
polymers by mass. After consultation with us, Kent has subsequently
changed the composition of their shot and removed nickel and copper.
The new shot material being considered has a density of 10.7 g/cm\3\
and is composed of approximately 95.9 percent tungsten and 4.1 percent
polymers.
ITRI's candidate shot is made from commercially pure tin; no
alloying or other alterations are intentionally made to the chemical
composition of the shot. This shot material has a density of
approximately 7.29 g/cm\3\, and is 99.9 percent tin, with a low level
of iron pickup due to the steel production equipment.
Each of Federal's applications for tungsten-iron and tungsten-
polymer include a description of the shot, a toxicological report (Barr
1996), results of a 30-day dosing study of the toxicity of the shot in
game-farm mallards (Bursian et al. 1996a, Bursian et al. 1996b), and
results of a 150-day reproductive/chronic toxicity study (Bursian et
al. 1999). Kent's application for tungsten-matrix includes a
description of the shot, a toxicological report (Thomas 1997a), and
results of a 30-day toxicity study (Wildlife International, Ltd.
1998a). The tin shot application from ITRI contains a description of
the shot, a toxicological report (Thomas 1997b), and results of a 30-
day toxicity study (Wildlife International, Ltd. 1998b). Toxicological
reports for each shot type incorporates toxicity information (a
synopsis of acute and chronic toxicity data for mammals and birds,
potential for environmental concern, and toxicity to aquatic and
terrestrial invertebrates, amphibians and reptiles) and information on
environmental fate and transport (shot alteration, environmental half-
life, and environmental concentration).
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 are therefore expected to be relatively
nontoxic. Even though most toxicity tests reviewed were based on
soluble tungsten compounds rather than elemental tungsten, there
appears to be no basis for concern of toxicity to wildlife for either
candidate shot via ingestion by fish or mammals (Bursian et al. 1996b,
Gigiena 1983, Karantassis 1924, Patty 1982, Industrial Medicine 1946).
Detailed reviews of the toxicological impacts of different tin
compounds have been conducted by Eisler (1989) and Cooney (1988). Both
reviews indicate that elemental tin is non-toxic to animals. Tin shot
designed for waterfowl hunting is utilized in several European
countries and no reports exist that suggest that tin shot is causing
toxicity problems for wildlife in those countries.
The potential toxicity of nylon compounds due to degradation is
primarily associated with the stabilizers, antioxidants, plasticizers,
and unreacted prepolymers. Residual caprolactum has been found in some
commercial Nylon 6 products, but little concern regarding this compound
has been developed (Patty, 1982). The toxicity of Nylon 6 and 11 are
negligible due to their insolubilities.
Environmental Fate and Transport
Tungsten is insoluble in water and therefore not mobile in
hypergenic
[[Page 45401]]
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 and Pendias 1984). Tin pellets will
undergo slow surface oxidation to form hydrated tin oxide, which is
extremely insoluble in water (Lide 1990). Therefore dissolution will be
slow, and highly localized aqueous concentrations will not arise. This
means that elemental tin will over time remain largely in the same
inorganic form as when it is discharged. Tin pellets discharged into
wetlands where sulphur ions are released during organic decomposition
would become coated with tin sulphide, which is highly insoluble in
water and resistant to aquatic hydrolysis (Hoiland 1995).
Environmental Concentration
The effective environmental concentration (EEC) for a terrestrial
ecosystem was calculated based on 69,000 shot per hectare (Pain 1990),
assuming complete erosion of material in 5 cm of soil. For tungsten-
iron shot, the EEC for tungsten in soil was calculated at 32.9 mg/kg.
For tungsten-polymer shot, the EECs for tungsten and Nylon (6 and 11)
in soil are 58.3 mg/kg and 2.7 mg/kg, respectively. The EECs for
tungsten and the 2 polymers found in tungsten-matrix are 25.7 mg/kg,
4.2 mg/kg, and 0.14 mg/kg, respectively. The EEC for tin in soil is
19.3 g/m3.
The environmental concentration (EEC) for an aquatic ecosystem was
calculated assuming complete erosion of the shot in one cubic foot of
water. For tungsten-iron shot, the EEC in water for tungsten was 10.5
mg/L. For tungsten-polymer shot, the EECs in water for tungsten and
Nylon (6 and 11) are 18.7 mg/L and 0.9 mg/L, respectively. The EECs in
water for tungsten and the 2 polymers found in tungsten-matrix are 4.2
mg/L, 0.2 mg/L, and 0.02 mg/L, respectively. The EEC in water for tin
is 19.3 mg/L.
Effects on Birds
An extensive literature review in each application provided
information on the toxicity of elemental tungsten and tin to waterfowl
and other birds. Ringelman et al. (1993) orally dosed 20 8-week-old
game-farm mallards with 12-17 (1.03 g average weight) tungsten-bismuth-
tin (TBT) pellets and monitored them for 32 days for evidence of
intoxication. No birds died during the trial, gross lesions were not
observed during the postmortem examinations, histopathological
examinations did not reveal any evidence of toxicity or tissue damage,
and tungsten was not detectable in kidney or liver samples. The authors
concluded that TBT shot presented virtually no potential for acute
intoxication in mallards.
Kraabel et al. (1996) assessed the effects of embedded TBT shot on
mallards and concluded that TBT was not acutely toxic when implanted in
muscle tissue. Inflammatory reactions to TBT shot were localized and
had no detectable systemic effects on mallard health.
Nell (1981) fed laying hens (Gallus domesticus) 0.4 or 1.0 g/kg
tungsten in a commercial mash for five months to assess reproductive
performance. Weekly egg production was normal and hatchability of
fertile eggs was not affected. Exposure of chickens to large doses of
tungsten either through injection or by feeding resulted in an
increased tissue concentration of tungsten and a decreased
concentration of molybdenum (Nell 1981). The loss of tungsten from the
liver occurred in an exponential manner with a half-life of 27 hours.
The alterations in molybdenum metabolism seemed to be associated with
tungsten intake rather than molybdenum deficiency. Death due to
tungsten occurred when tissue concentrations increased to 25 mg/g
liver. At that concentration, xanthine dehydrogenase activity was zero.
Ringelman et al. (1992) conducted a 32-day acute toxicity study
which involved dosing game-farm mallards with a shot alloy of tungsten-
bismuth-tin (TBT), which was 39, 44.5 and 16.5 percent by weight,
respectively. No dosed birds died during the trial, and behavior was
normal. Examination of tissues post-euthanization revealed no toxicity
or damage related to shot exposure. This study concluded that ``. . .
TBT shot presents virtually no potential for acute intoxication in
mallards under the conditions of this study.''
Several studies have been conducted in which pellets made of tin or
tin alloys have been placed inside the digestive tract or tissues of
ducks to determine if toxic effects occur. Grandy et al. (1968) and the
Huntingdon Research Centre (1987) conducted 30- and 28-day,
respectively, acute toxicity tests on mallard ducks and reported that
all treatment ducks survived with insignificant weight loss or
development of pathological lesions. The potential for bismuth-tin (BT)
shot to produce toxicological effects in ducks during reproduction has
been investigated under both acute and chronic testing conditions. Tin
as a 2% component of the tested shot, did not pose a toxic risk to
ducks when fed a nutritionally-imbalanced, corn-based diet. Neither has
BT shot been shown to pose an adverse risk to the health of ducks, the
reproduction by male and female birds, nor the survival of ducklings
over the long term (Sanderson et al. 1997a,b).
Nylon 6 is the commercially important homopolymer of caprolactum.
Most completely polymerized nylon materials are physiologically inert,
regardless of the toxicity of the monomer from which they are made
(Peterson 1977). Few data exist on the toxicity of Nylon 6 in animals.
Most toxicity studies are related to thermal degradation products and
so are not relevant to the exposure of wildlife to shot containing
nylon. Montgomery (1982) reported that feeding Nylon 6 to rats at a
level of 25 percent of the diet for 2 weeks caused a slower rate of
weight gain, presumably due to a decrease in food consumption and feed
efficiency. However, the rats suffered no anatomic injuries due to the
consumption of nylon.
The two plastic polymers used in tungsten-matrix shot act as a
physical matrix in which the tungsten is distributed as ionically-bound
fine particles. Most completely polymerized nylon materials are
physiologically inert, regardless of the toxicity of the monomer from
which they are made (Peterson 1977). A literature review did not reveal
studies in which either of the two polymers were evaluated for toxicity
in birds.
Acute Toxicity Studies
Federal contracted with Michigan State University--Department of
Animal Science, to conduct an acute toxicity study of tungsten-iron and
tungsten-polymer. Both Kent and ITRI contracted with Wildlife
International Ltd. to conduct an acute toxicity study of tungsten-
matrix and tin shots, respectively. The acute toxicity test is a short-
term (30-day) study where ducks are dosed with shot and fed
commercially available duck food. Survival, body weight, blood
hematocrit, and organ analysis are recorded.
Tungsten-iron and tungsten-polymer
The 30-day dosing study revealed no adverse effects when mallards
were dosed with either 8 BB size tungsten-iron shot or 8 BB size
tungsten-polymer shot and monitored over a 30-day period (Bursian et
al. 1996a, Bursian et al. 1996b). Eight male and 8 female adult
mallards were dosed with either 8 No.4 steel shot, 8 No.4 lead shot, 8
BB size tungsten-iron shot, or 8 BB size tungsten-polyer shot and
observed over
[[Page 45402]]
a 30-day period. An additional 8 males and 8 females received no shot.
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. Body weights were not significantly altered by
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 ALAD activity were significantly
depressed at day 15 in the lead-dosed females, while lead-dosed males
had significantly depressed hematocrit and hemoglobin concentration
compared with the other four groups. There were no significant
differences in these whole-blood parameters at day 30. Three tungsten-
polymer-dosed males developed mild biliary stasis. The authors
attributed this to the intubating of mallards with 8 BBs of tungsen-
polymer shot inducing a pathological condition--however slight--that
was not found in the control birds. No other histopathological lesions
were found. Tungsten was detected in the femur of two tungsten-polymer-
dosed females and the kidneys of two tungsten-polymer-dosed birds; in
both tissues, concentrations were only slightly above detection limits.
In general, no adverse effects were seen in mallards given 8 BB-size
tungsten-polymer shot and monitored over a 30-day period.
Tungsten-matrix
Kent's 30-day dosing study (Wildlife International Ltd. 1998a)
included 4 treatment and 1 control group of game-farm mallards.
Treatment groups were exposed to 1 of 3 different types of shot: 8 #4
steel, 8 #4 lead, or 8 #4 tungsten-matrix; whereas the control group
received no shot. The 2 tungsten-matrix treatment groups (1 group
deficient diet, 1 group balanced diet) each consisted of 16 birds (8
males and 8 females); whereas remaining treatment and control groups
consisted of 6 birds each (3 males and 3 females). All tungsten-matrix-
dosed birds survived the test and showed no overt signs of toxicity or
treatment-related effects on body weight. There were no differences in
hematocrit or hemoglobin concentration between the tungsten-matrix
treatment group and either the steel shot or control groups. No
histopathological lesions were found during gross necropsy. In general,
no adverse effects were seen in mallards given 8 #4 size tungsten-
matrix shot and monitored over a 30-day period. Tungsten was found to
be below the limit of detection in all samples of femur, gonad, liver,
and kidney from treatment groups.
Tin
ITRI's 30-day dosing study (Wildlife International Ltd. 1998b)
included 4 treatment and 1 control group of game-farm mallards.
Treatment groups were exposed to 1 of 3 different types of shot: 8 #4
steel, 8 #4 lead, or 8 #4 tin shot; whereas the control group received
no shot. The 2 tin treatment groups (1 group deficient diet, 1 group
balanced diet) each consisted of 16 birds (8 males and 8 females);
whereas remaining treatment and control groups consisted of 6 birds
each (3 males and 3 females). All tin-dosed birds survived the test and
showed no overt signs of toxicity or treatment-related effects on body
weight. There were no differences in hematocrit or hemoglobin
concentration between the tin treatment group and either the steel shot
or control groups. No histopathological lesions were found during gross
necropsy. In general, no adverse effects were seen in mallards given 8
#4 size tin shot and monitored over a 30-day period. No levels of tin
above the limit of detection were observed in any tissues collected
from either tin treatment group.
Reproductive/Chronic Toxicity Study
Federal contracted with Michigan State University--Department of
Animal Science, to conduct an a reproductive/chronic toxicity studies
for both tungsten-iron and tungsten-polymer shot types. The
reproductive/chronic toxicity study is a long-term (150-day) study
where ducks are dosed with shot and fed commercially available duck
food. Survival, body weight, blood hematocrit, organ analysis, and
reproductive performance are recorded.
Tungsten-Iron and Tungsten-Polymer
The reproductive/chronic toxicity study revealed no adverse effects
when mallards were dosed with either 8 No. 4 size tungsten-iron shot,
or 8 No. 4 size tungsten-polymer shot, and monitored over a 150-day
period (Bursian et al. 1999). Sixteen male and 16 female adult mallards
were orally dosed with either 8 No.4 steel shot, 8 No.4 tungsten-iron
shot, or 8 No. 4 tungsten-polymer shot. An additional 6 male and 6
female mallards were dosed with 8 No. 4 lead shot. All lead-dosed birds
died by day 25 of the study, whereas no mortalities occurred in the
other test groups. Lead-dosed birds had significantly decreased
hematocrit, hemoglobin concentration and whole-blood delta
aminolevulinic dehydratase activity on day 7 of the study. Mallards
dosed with tungsten-iron or tungsten-polymer shot had occasional
significant differences in hematocrit and plasma chemistry values when
compared to steel-dosed mallards over the 150-day period, but these
changes were within the normal range reported for mallards and were not
considered to be deleterious. Relative kidney, heart, brain and gizzard
weights of lead-dosed birds were significantly greater in comparison to
relative weights of those organs in the other 3 treatment groups.
Marked liver hemosiderosis was present in all steel and tungsten-dosed
males, in 5 of 8 steel-and 3 of 8 tungsten-iron-dosed females, and in 1
tungsten-polymer-dosed male examined. Small amounts of tungsten were
detected in gonad and kidney samples from males and females, in femur
samples of males, and in liver samples from females dosed with
tungsten-polymer shot. Higher concentrations of tungsten were detected
in femur, gonad, kidney, and liver samples from tungsten-iron-dosed
ducks. The rate of shot erosion was 99% for tungsten-polymer, 72% for
tungsten-iron, 55% for steel, and 37% for lead. There were no
significant differences in percent egg production, and percent
fertility and hatchability of eggs from tungsten-iron- and tungsten-
polymer-dosed ducks when compared to steel-dosed ducks. There were no
biological differences in percent survivability and body weight of
ducklings from tungsten-iron-or tungsten-polymer-dosed ducks when
compared to ducklings from steel-dosed ducks. The hematocrit of
ducklings from tungsten-iron-dosed ducks was slightly but significantly
lower when compared to ducklings from steel-dosed ducks. Histological
examination of duckling kidneys and liver indicated no abnormalities.
Tungsten was detected in 25%, 9%, and 13% of the femur, kidneys, and
liver samples, respectively, from ducklings of the tungsten-iron and
tungsten-polymer groups. Overall, results of this study indicated that
tungsten-iron and tungsten-polymer shot repeatedly administered to
adult mallards did not adversely affect them or the offspring they
produced during the 150-day trial.
Nontoxic Shot Approval
The first condition of nontoxic shot approval is toxicity testing.
Based on the results of the toxicological report and the toxicity tests
(Tiers 1, 2, and 3) discussed above, we conclude that tungsten-iron and
tungsten-polymer shot does not pose a significant danger to migratory
birds or other wildlife and their habitats. Based on the results of
toxicological reports and acute toxicity tests (Tier 1 and 2), we
conclude that tungsten-matrix and tin shots do not
[[Page 45403]]
appear to pose a significant danger to migratory birds or other
wildlife and their habitats. However, final approval of either shot
type will not be considered until all required reproductive/chronic
toxicity tests have been successfully completed and our Director has
reviewed and approved the results.
The second condition of approval is testing for residual lead
levels. Any shot with lead levels equal to or exceeding 1 percent will
be considered toxic and, therefore, illegal. We have determined that
the maximum environmentally acceptable level of lead in any nontoxic
shot is trace amounts of <1 percent, and incorporated this requirement
in the nontoxic shot approval process that was published on December 1,
1997 (62 FR 63608). Federal has documented that tungsten-iron and
tungsten-polymer shots meet this requirement. Kent and ITRI have
documented that tungsten-matrix and tin shot, respectively, meet this
requirement.
The third condition of approval involves enforcement. In the August
18, 1995, Federal Register (60 FR 43314), we indicated that approval of
any nontoxic shot would be contingent upon the development and
availability of a noninvasive field testing device. This requirement
was incorporated in the nontoxic shot approval process that was
published on December 1, 1997 (62 FR 63608). Tungsten-iron shotshells
can be drawn to a magnet as a simple field detection method. Electronic
field testing devices can distinguish shells containing tungsten-
polymer and tungsten-matrix from shells containing lead. At the present
time, we are not aware of any noninvasive field testing devices for
distinguishing shells containing tin shot from those containing lead.
We will not consider final approval of tin shot until such a device, or
other noninvasive field testing method, has been developed for
identifying tin shot.
In summary, this rule amends 50 CFR 20.21(j) by approving tungsten-
iron and tungsten-polymer shots as nontoxic for migratory bird hunting.
It is based on the toxicological reports, acute toxicity studies, and
reproductive/chronic toxicity studies submitted by Federal. Results of
these studies indicate the absence of any deleterious effects of
tungsten-iron or tungsten-polymer shot when ingested by captive-reared
mallards or to the ecosystem. This rule also grants temporary approval
to tungsten-matrix and tin shots for the 1999-2000 hunting season only.
Temporary approval is based on the toxicological reports and acute
toxicity studies submitted by Kent and ITRI.
During the 1998-99 hunting season, we granted temporary approval of
several shot types that contained tungsten (October 7, 1998, 63 FR
54016-54026; December 8, 1998, 63 FR 67619). We gave these approvals
with the restriction that the shot types could not be used in the
Yukon-Kuskokwim (Y-K) Delta, Alaska. This restriction was implemented
out of concern for potential effects of tungsten on the spectacled
eider (Somateria fischeri); a species subject to adverse weather,
predation, and lead poisoning on the Y-K Delta. Based on the results of
reproductive/chronic toxicity studies of tungsten-iron and tungsten-
polymer, we see no need for the Y-K Delta restriction on any tungsten-
based shot types.
Public Comments and Responses
We invited public comments from interested parties in the June 17,
1999, proposed rule published in the Federal Register (64 FR 32752).
During the 30-day comment period, we received 4 comments.
The Wildlife Legislative Fund of America strongly supported the
temporary approval of tungsten-matrix and tin shots for hunting
migratory birds in order to provide additional nontoxic shot
alternatives to hunters.
Senator John D. Rockefeller IV also supported the temporary
approval of tungsten-matrix shot.
Kent acknowledged the conditions for nontoxic approval and
indicated that chronic toxicity/reproductive test results for tungsten-
matrix shot are proceeding satisfactorily.
ITRI indicated that chronic toxicity/reproductive tests are being
completed for tin shot and a noninvasive field testing device will be
available.
Service Response: We are encouraged that chronic toxicity/
reproductive testing is being completed for tungsten-matrix and tin
shots, and look forward to reviewing results of such tests when they
become available. It is our hope that providing additional nontoxic
shot alternatives will improve hunter compliance and reduce the amount
of lead shot in the environment.
Effective Date
Under the APA (5 U.S.C. 553 (d)) we waive the 30-day period before
this rule becomes effective and find 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. It is in the best interest of
migratory birds and their habitats to grant approval to tungsten-iron
and tungsten-polymer shot as nontoxic for hunting migratory birds, and
to grant temporary approval to tungsten-matrix and tin shot for the
1998-99 migratory bird hunting season only. It is in the best interest
of the hunting public to provide them an additional legal option for
hunting waterfowl and coots for the 1999-2000 season, which begins on
September 1, 1999. It is in the best interest of small retailers who
have stocked the above shot types for the current season. We believe
that availability of additional nontoxic shot options 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.
Bursian, S. J., M. E. Kelly, R. J. Aulerich, D. C. Powell, and S.
Fitzgerald. 1996a. Thirty-day dosing test to assess the toxicity of
tungsten-iron shot in game-farm mallards. Report to Federal
Cartridge Co. 77 pp.
Bursian, S. J., M. E. Kelly, R. J. Aulerich, D. C. Powell, and S.
Fitzgerald. 1996b. Thirty-day dosing test to assess the toxicity of
tungsten-polymer shot in game-farm mallards. Report to Federal
Cartridge Co. 71 pp.
Bursian, S. J., R. M. Mitchell, R. J. Tempelman, R. J. Aulerich, and
S. D. Fitzgerald. 1999. Chronic dosing study to assess the health
and reproductive effects of tungsten-iron and tungsten-polymer shot
on game-farm mallards. Report to Federal Cartridge Co. 115 pp.
Cooney, J.J. 1988. Microbial transformations of tin and tin
compounds. J. Industr. Microbiol. 3:195-204.
Eisler, R. 1989. Tin hazards to fish, wildlife, and invertebrates: a
synoptic review. Biological Rep. 85 (1.15). Contaminant Hazard
Reviews Report No. 15. Fish and Wildlife Service, U.S. Dept.
Interior. Washington, D.C. 85 pp.
Gigiema I. Sanitariya. 1977. Mezhdunarodnaya Kniga. Moscow, USSR.
42(8):30.
Gigiema I. Sanitariya. 1983. Mezhdunarodnaya Kniga. Moscow, USSR.
48(7):71.
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.
Hoiland, K. 1995. Reaction of some decomposer basidiomycetes to
toxic elements. Nordic J. Bot. 15:305-318.
Huntingdon Research Centre Ltd. 1987. The effects of dosing mallard
ducks with Safe Shot. Huntingdon, Cambridge, U.K. Report dated Dec.
19, 1987. 15pp.
Industrial Medicine. 1946. 15:482.
Interagency Ecosystem Management Task Force. 1995. The Ecosystem
Approach: Healthy Ecosystems and Sustainable Economics. Volume II--
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Kabata-Pendias, 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.
Lide, D.R. 1990. CRC--Handbook of Chemistry and Physics. 71st
Edition, 1990-1991. CRC Press, Boca Raton, Florida.
Montgomery, R.R. 1982. Polymers. In Patty's Industrial Hygiene and
Toxicology, Vol. IIIA (G.D. Clayton and F.E. Clayton, Eds.) pp.
4209-4526. John Wiley and Sons, NY.
Nell, J.A., E.F. Annison, and D. Balnave. 1981. The influence of
tungsten on the molybdenum status of poultry. Br. Poult. Sci.
21:193-202.
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. 1982. Wiley Interscience.
Wiley & Sons, Inc. NY, NY. Third Ed.
Peterson, J.E. 1977. Industrial Health. Prentice-Hall, Englewood
Cliffs, NJ.
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.
Ringelman, J.K., M.W. Miller, and W.F. Andelt. 1993. Effects of
ingested tungsten-bismuth-tin shot on captive mallards. J. Wildl.
Manage. 57:725-732.
Sanderson, G.C., W.L. Anderson, G.L. Foley, L.M. Skowron, J.D.
Brawn, and J.W. Seets. 1997a. Acute toxicity of ingested bismuth
alloy shot in game farm mallards. Illinois Nat. History Survey Bull.
35:185-216.
Sanderson, G.C., W.L. Anderson, G.L. Foley, K.L. Duncan, L.M.
Skowron, J.D. Brawn, and J.W. Seets. 1997b. Toxicity of ingested
bismuth alloy shot in game farm mallards: chronic health effects and
effects on reproduction. Illinois Nat. History Survey Bull. 35:217-
252.
Thomas, V.G. 1997a. Application for approval of tungsten-matrix shot
as non-toxic for the hunting of migratory birds. 39 pp.
Thomas, V.G. 1997b. Application for approval of tin shot as non-
toxic for the hunting of migratory birds. 26 pp.
Wildlife International, Ltd. 1998a. Tungsten-matrix shot: An oral
toxicity study with the mallard. Project No. 475-101. 162 pp.
Wildlife International, Ltd. 1998b. Tin shot: An oral toxicity study
with the mallard. Project No. 476-101. 158 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), we prepared Environmental Assessments (EA) in July,
1999. The EAs are available to the public at the location indicated
under the ADDRESSES caption. Based on review and evaluation of the
information in the EAs, we have determined that amending 50 CFR
20.21(j) to provide final approval of tungsten-iron and tungsten-
polymer shots, and temporary approval of tungsten-matrix and tin shots
for the 1999-2000 season, as nontoxic for migratory bird hunting 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 * * *'' We have completed a Section 7
consultation under the ESA for this rule, which stated the use of
tungsten-iron, tungsten-polymer, tungsten-matrix, and tin shots is not
likely to adversely affect listed species. The result of our
consultation under Section 7 of the ESA is available to the public at
the location indicated under the ADDRESSES caption.
Regulatory Flexibility Act; Small Business Regulatory Enforcement
and Fairness 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. This rule approves additional types of nontoxic shot
that may be sold and used to hunt migratory birds; this rule provides 4
types of shot in addition to the existing 2 that are approved. We have
determined, however, that this rule will have no effect on small
entities since the approved shots merely will supplement nontoxic shot
already in commerce and available throughout the retail and wholesale
distribution systems. We anticipate no dislocation or other local
effects, with regard to hunters and others. Similarly, this is not a
major rule under 5 U.S.C. 804(2).
Executive Order 12866
This rule is 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. We invite 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 we do
to make the rule easier to understand?
Paperwork Reduction Act
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. We have examined this regulation
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501) and found it
to contain no information collection requirements. However, we do have
OMB approval (1018-0067; expires 06/30/2000) for information collection
relating to what manufacturers of shot are required to provide to us
for the nontoxic shot approval process. For further information see 50
CFR 20.134.
Unfunded Mandates Reform
We have determined and certify 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
We, in promulgating this rule, have determined 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.
[[Page 45405]]
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.
Authorship. The primary author of this rule is James R. Kelley,
Jr., Office of Migratory Bird Management.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Accordingly, we are amending part 20, subchapter B, chapter 1 of
Title 50 of the Code of Federal Regulations 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. 742 a-j.
2. Section 20.21 is amended by revising paragraph (j) introductory
text, revising paragraphs (j)(2) and (j)(3), and removing paragraph
(j)(4) as follows:
20.21 What hunting methods are illegal?
* * * * *
(j) While possessing shot (either in shotshells or as loose shot
for muzzleloading) other than steel shot, or bismuth-tin (97 parts
bismuth: 3 parts tin with <1 percent residual lead) shot, or tungsten-
iron (40 parts tungsten: 60 parts iron with <1 percent residual lead)
shot, or tungsten-polymer (95.5 parts tungsten: 4.5 parts Nylon 6 or 11
with <1 percent residual lead) shot, or tungsten-matrix (95.9 parts
tungsten: 4.1 parts polymer with <1 percent residual lead) shot, or tin
(99.9 percent tin with <1 percent residual lead) shot, or such shot
approved as nontoxic by the Director pursuant to procedures set forth
in 20.134, provided that:
* * * * *
(2) Tungsten-matrix shot (95.9 parts tungsten: 4.1 parts polymer
with <1 percent residual lead) is legal as nontoxic shot for waterfowl
and coot hunting for the 1999-2000 hunting season only, and
(3) Tin shot (99.9 percent tin with <1 percent residual lead) is
legal as nontoxic shot for waterfowl and coot hunting for the 1999-2000
hunting season only.
Dated: August 12, 1999.
Stephen C. Saunders,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 99-21525 Filed 8-18-99; 8:45 am]
BILLING CODE 4310-55-P