[Federal Register: June 17, 1999 (Volume 64, Number 116)]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
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; Proposed Rule
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
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Proposed rule.
SUMMARY: The U.S. Fish and Wildlife Service (Service or we) proposes to
grant final approval of tungsten-iron and tungsten-polymer shots as
nontoxic for hunting waterfowl and coots. We also propose to 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: Comments on the proposed rule must be received no later than
July 19, 1999.
ADDRESSES: Comments may be sent to the Chief, Office of Migratory Bird
Management (MBMO), U.S. Fish and Wildlife Service, 1849 C Street, NW.,
ms 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: 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 55 percent tungsten and 45 percent iron, by
weight, and has a density of approximately 10.3 g/cm<SUP>3</SUP>.
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<SUP>3</SUP> 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<SUP>3</SUP> 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<SUP>3</SUP> 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<SUP>3</SUP>, 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 environments. Tungsten is very
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/m<SUP>3</SUP>.
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
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 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 for 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 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 second condition for 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
The third condition for 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.
This proposed rule would amend 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. We also
propose to grant temporary approval to tungsten-matrix and tin shots
for the 1999-2000 hunting season only. Temporary approval would be
based on the toxicological reports and acute toxicity studies submitted
by Kent and ITRI. We have reduced the public comment period from 60
days to 30 days in order to complete the rulemaking process prior to
the start of the hunting season. This will facilitate planning efforts
by vendors and State wildlife agencies.
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.
Gigiema I. Sanitariya. 1983. Mezhdunarodnaya Kniga. Moscow, USSR.
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--
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.
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
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.
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.
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-
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.
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 draft Environmental Assessments (EA) in
May, 1999. The EAs are available to the public at the location
indicated under the ADDRESSES caption.
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 are completing a Section 7
consultation under the ESA for this proposed rule. The result of our
consultation under Section 7 of the ESA will be 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. This rule would approve additional types of nontoxic
shot that may be sold and used to hunt migratory birds; this rule would
provide 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 shot 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. This rule was
not subject to Office of Management and Budget (OMB) review under
Executive Order 12866.
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? Section 20.21 may be written in
plain language format in the final rule.
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
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.
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
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.
The primary author of this proposed 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 propose to amend part 20, subchapter B, chapter 1
of Title 50 of the Code of Federal Regulations as follows:
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 the section title, revising
paragraph (j) introductory text, revising paragraphs (j)(2) and (j)(3),
and removing paragraph (j)(4) to read 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 (55 parts tungsten: 45 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 Sec. 20.134, provided that:
(1) * * *
(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: June 8, 1999.
Stephen C. Saunders,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 99-15339 Filed 6-16-99; 8:45 am]
BILLING CODE 4310-55-P