[Federal Register: January 4, 2001 (Volume 66, Number 3)]
[Rules and Regulations]
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; Approval of Tungsten-Nickel-Iron Shot as
Nontoxic for Hunting Waterfowl and Coots
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule.
SUMMARY: We amend 50 CFR 20.21(j) to approve shot formulated of 50%
tungsten, 35% nickel, and 15% iron as nontoxic for hunting waterfowl
and coots. We assessed possible effects of the tungsten-nickel-iron
(TNI) shot, and we believe that it is not a significant threat to
wildlife or their habitats and that further testing of the shot is not
necessary. In addition, approval of TNI shot may induce more waterfowl
hunters to switch away from illegal use of lead shot, reducing lead
risks to species and habitats.
DATES: This rule takes effect on January 4, 2001.
ADDRESSES: Copies of the Environmental Assessment are available from
the Chief of the Division of Migratory Bird Management, U.S. Fish and
Wildlife Service, 4401 North Fairfax Drive, Room 634, Arlington,
FOR FURTHER INFORMATION CONTACT: Jon Andrew, Chief, or Dr. George T.
Allen, Division of Migratory Bird Management, 703-358-1714.
SUPPLEMENTARY INFORMATION: The Migratory Bird Treaty Act of 1918 (Act)
(16 U.S.C. 703-712 and 16 U.S.C. 742 a-j) implements migratory bird
treaties between the United States and Great Britain for Canada (1916
and 1996 as amended), Mexico (1936 and 1972 as amended), Japan (1972
and 1974 as amended), and Russia (then the Soviet Union, 1978). These
treaties protect certain migratory birds from take, except as permitted
under the Act. The Act authorizes the Secretary of the Interior to
regulate take of migratory birds in the United States. Under this
authority, the Fish and Wildlife Service controls the hunting of
migratory game birds through regulations in 50 CFR part 20.
Since the mid-1970s, we have sought to identify shot that does not
pose a significant toxicity hazard to migratory birds or other
wildlife. Compliance with the use of nontoxic shot has increased over
the last few years (Anderson et al. 2000). We believe that it will
continue to increase with the approval and availability of other
nontoxic shot types. Currently, steel, bismuth-tin, tungsten-iron,
tungsten-polymer, and tungsten-matrix shot are permanently approved as
nontoxic. We have approved tin shot for the 2000-2001 hunting season
(65 FR 76886). The purpose of this rule is to approve the use of TNI
shot in the tested formulation (50% tungsten, 35% nickel, and 15% iron
by weight) for waterfowl and coot hunting. On October 30, 2000 (65 FR
64650) we proposed to amend 50 CFR 20.21 (j), to include TNI shot on
the list of approved nontoxic shot types.
On April 9, 1999 (64 FR 17308), we announced receipt of an
application from Standard Resources Corporation (Standard) of Cherry
Hill, New Jersey for nontoxic approval of HEVI-METAL shot in the 50%
tungsten, 35% nickel, 15% iron formulation. The density of the shot in
that formulation is 11.0 grams/cm\3\. The manufacturer believes that
the shot does not need a coating because it is sufficiently
noncorrosive under neutral pH. It is not chemically or physically
altered by firing from a shotgun.
On April 19, 1999 (64 FR 19191), we announced that Standard's
application did not provide sufficient information for us to conclude
that the candidate shot is not a significant danger to migratory birds.
We advised Standard to proceed with additional testing of the candidate
shot. Subsequently, development of HEVI-METAL was transferred to
ENVIRON-Metal, Inc., of Albany, Oregon (Environ-metal), and the shot
was re-named HEVI-SHOTTM.
On August 10, 2000, Environ-metal submitted an application for
permanent approval of the tungsten-nickel-iron shot as nontoxic for
hunting waterfowl and coots. The application included a description of
the shot, results and a toxicological report of a preliminary 30-day
dosing study of the toxicity of the shot in game-farm mallards
(Ecological Planning and Toxicology, Inc. [EPT] 1999), and results of a
more comprehensive 30-day acute toxicity study (Brewer and Fairbrother
Tungsten may be substituted for molybdenum in enzymes in mammals.
Ingested tungsten salts reduce growth, and can cause diarrhea, coma,
and death in mammals (e.g. Bursian et al. 1996, Cohen et al. 1973,
Karantassis 1924, Kinard and Van de Erve 1941, National Research
Council 1980, Pham-Huu-Chanh 1965), but elemental tungsten is virtually
insoluble and therefore essentially nontoxic. In rats, a dietary
concentration of 94 parts-per-million (ppm) did not reduce weight gain
in growing rats (Wei et al. 1987). Lifetime exposure to 5 ppm tungsten
as sodium tungstate in drinking water produced no discernible adverse
effects in rats (Schroeder and Mitchener 1975). At 100 ppm tungsten as
sodium tungstate in drinking water, rats had decreased enzyme activity
after 21 days (Cohen et al. 1973). These studies indicate that tungsten
salts are very toxic to mammals.
Chickens given a complete diet showed no adverse effects of 250 ppm
sodium tungstate administered for 10 days in the diet. However, 500 ppm
in the diet had detrimental effects on day-old chicks (Teekell and
Watts 1959). Adult hens had reduced egg production and egg weight on a
diet containing 1,000 ppm tungsten (Nell et al. 1981a). EPT (1999)
concluded that 250 ppm in the diet would produce no observable adverse
effects. Kelly et al. (1998) demonstrated no adverse effects on
mallards dosed with tungsten-iron or tungsten-polymer shot according to
nontoxic shot test protocols.
Most toxicity tests reviewed were based on soluble tungsten
compounds rather than elemental tungsten. As we found in our reviews of
other tungsten shot types, we believe that there is no basis for
concern about the toxicity of the tungsten in TNI shot to fish,
mammals, or birds.
Nickel is a dietary requirement of mammals, with necessary
consumption set at 50 to 80 parts per billion for the rat and chick
(Nielsen and Sandstead 1974). Though it is necessary for some enzymes,
nickel can compete with calcium, magnesium, and zinc for binding sites
on many enzymes. Water-soluble nickel salts are poorly absorbed if
ingested by rats (Nieboer et al. 1988). Nickel carbonate caused no
treatment effects in rats fed 1,000 ppm for 3 to 4 months (Phatak and
Patwardhan 1952). Rats fed 1,000 ppm nickel sulfate for 2 years showed
reduced body and liver weights, an increase in the number of stillborn
pups, and decrease in weanling weights through three generations
(Ambrose et al. 1976). Nickel chloride was even more toxic; 1,000 ppm
fed to young rats caused weight loss in 13 days (Schnegg and
Soluble nickel salts can be classified as very toxic to mammals,
with an oral LD50 of 136 mg/kg in mice, and 350 mg/kg in
rats (Fairchild et al. 1977). Nickel catalyst (finely divided nickel in
vegetable oil) fed to young rats at 250 ppm for 16 months, however,
produced no detrimental effects (Phatak and Patwardhan 1952).
In chicks from hatching to 4 weeks of age, 300 ppm nickel as nickel
carbonate or nickel acetate in the diet produced no observed adverse
effects. However, concentrations of 500 ppm or more reduced growth
(Weber and Reid 1968). A diet containing 200 ppm nickel as nickel
sulfate had no observed effects on mallard ducklings from 1 to 90 days
of age. Diets of 800 ppm or more caused significant changes in physical
condition of the ducklings (Cain and Pafford 1981). Eastin and O'Shea
(1981) observed no apparent significant changes in pairs of breeding
mallards fed diets containing up to 800 ppm nickel as nickel sulfate
for 90 days.
Iron is an essential nutrient, so reported iron toxicosis in
mammals is primarily a phenomenon of overdosing of livestock. Maximum
recommended dietary levels of iron range from 500 ppm for sheep to
3,000 ppm for pigs (National Research Council [NRC] 1980). Chickens
require at least 55 ppm iron in the diet (Morck and Austic 1981).
Chickens fed 1,600 ppm iron in an adequate diet displayed no ill
effects (McGhee et al. 1965). Turkey poults fed 440 ppm in the diet
suffered no adverse effects. The tests in which eight #4 tungsten-iron
shot were administered to each mallard in a toxicity study indicated
that the 45% iron content of the shot had no adverse effects on the
test animals (Kelly et al. 1998).
Elemental tungsten and iron are virtually insoluble in water and do
not weather and degrade in the environment. Tungsten is stable in acids
and does not easily form compounds with other substances. Preferential
uptake by plants in acidic soil suggests uptake of tungsten when it has
formed compounds with other substances rather than when it is in its
elemental form (Kabata-Pendias and Pendias 1984).
Nickel is common in fresh waters, though usually at concentrations
of less than 1 part per billion in locations unaffected by human
activities. Pure nickel is not soluble in water. Free nickel may be
part of chemical reactions, such as sorption, precipitation, and
complexation. Reactions of nickel with anions are unlikely.
Complexation with organic agents is poorly understood (U.S.
Environmental Protection Agency [EPA] 1980). Water hardness is the
dominant factor governing nickel effects on biota (Stokes 1988).
Calculation of the estimated environmental concentration (EEC) of a
candidate shot in a terrestrial ecosystem is based on 69,000 shot per
hectare (Bellrose 1959, 50 CFR 20.134). Assuming complete dissolution
of the shot, the EEC for tungsten in soil is 19.3 mg/kg. The EECs for
nickel and iron would be 7.7 and 3.3 mg/kg, respectively. The EEC for
nickel (the only one of the three elements with an application limit)
is substantially below the U.S. Environmental Protection Agency (EPA)
biosolid application limit. The 3.3 mg/kg EEC for nickel also is far
below the 16 to 35 mg/kg concentrations suggested as minimum sediment
concentrations at which effects of the metal are likely to occur (EPA
1997, Ingersoll et al. 1996, Long and Morgan 1991; MacDonald et al.
2000, Smith et al. 1996). The EEC for tungsten from TNI shot is below
that for the already-approved tungsten-matrix shot. The EEC for iron is
less than 0.01% of the typical background concentration, and the iron
is in an insoluble form.
Calculation of the EEC in an aquatic ecosystem assumes complete
erosion of the 69,000 shot/hectare in water 1 foot deep. The EECs for
the elements in TNI shot in water are 2,348 g/L for tungsten,
1,643 g/L for nickel, and 704 g/L for iron. We
concluded that a tungsten concentration of 10,500 g/L
posed no threat to aquatic biota (62 FR 4877). The EEC for nickel, if
the shot were completely dissolved, would exceed the EPA acute water
quality criterion of 1,400 g/L in fresh water, and would
greatly exceed the 75 g/L criterion for salt water. However,
tests showed that corrosion of TNI shot is negligible in neutral pH
fresh water. Actual tests in water with a pH of 2 showed that the EEC
for nickel would be 83.98 g/L, and in salt water it would be
7.92 g/L; both are far below the EPA criterion of 160
g/L for chronic exposure.
Effects on Birds
Kraabel et al. (1996) surgically embedded tungsten-bismuth-tin shot
in the pectoralis muscles of ducks to simulate wounding by gunfire and
to test for toxic effects of the shot. The authors found that the shot
neither produced toxic effects nor induced adverse systemic effects in
the ducks during the 8-week period of their study.
Nell et al. (1981a) 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 et al. 1981b). 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 ppm in the liver. At that concentration, xanthine dehydrogenase
activity was zero.
Ringelman et al. (1993) conducted a 32-day acute toxicity study
that involved dosing game-farm mallards with a shot alloy which was
39%, 44.5%, and 16.5% by weight, respectively. No dosed birds died
during the trial, and behavior was normal. Post-euthanization
examination of tissues revealed no toxicity or damage related to shot
exposure. Blood calcium differences between dosed and undosed birds
were judged to be unrelated to shot exposure. That study indicated that
tungsten presented little hazard to waterfowl.
Initial analyses of corrosion of TNI shot in 0.1N HCl and in
seawater indicated that it is more corrosion resistant than copper-
plated tungsten-iron shot and steel shot, and that it will release
tungsten into the environment more slowly than does tungsten-iron shot.
In addition, only a portion of the tungsten is soluble, and not all of
that is absorbed. Therefore, EPT (1999) suggested that ingested TNI
shot should pose minimal risks to migratory birds that might ingest it.
EPT conducted a preliminary 30-day oral toxicity study of TNI shot
that followed the general approach outlined for a short-term acute
toxicity test (50 CFR 20.134). Eight #4 TNI shot pellets were
administered to each of three healthy adult male and three healthy
adult female mallards by placing them in a gelatin capsule and placing
the capsule in the bird's gizzard. All of the birds retained seven or
eight of the pellets for the 30-day test period. During that time the
birds behaved normally, and none of them exhibited signs of metal
intoxication. Body weights of the birds did not change significantly
during the test period.
Upon postmortem examination, all body organs looked normal.
Histopathology showed that one of the females had a fatty liver, and
also had elevated liver enzymes. Liver abnormalities due to fatty
changes (accumulation of glycogen or fat) were considered the likely
cause of the problem.
Brewer and Fairbrother (2000) reported on the outcome of more
extensive corrosion/erosion testing of TNI shot, and steel and lead
shot. Eight #4 TNI shot pellets were administered to each of 20 male
mallards and 20 female mallards by placing the shot in a gelatin
capsule and placing the capsule in the bird's gizzard. The same
procedure was followed for dosing 20 male mallards and 20 female
mallards with 8 #4 steel shot, and for dosing 5 males and 5 females
with 8 #4 lead shot. The birds had been fasting prior to placement of
the gelatin capsules to facilitate movement of the capsule to the
gizzard. During the 30-day test period, the researchers monitored loss
of shot through the digestive system, and they determined retention of
shot in the gizzard upon necropsy. They also carefully monitored food
consumption of the test birds and their health.
No mortality occurred in birds treated with TNI shot or steel shot.
Nine of the ten birds dosed with lead died during the test period.
Therefore, most measures of health and measures of shot erosion were
not valid for the lead-dosed group. No significant differences in body
weight changes emerged between the steel shot group and the TNI shot
group during the test period.
The evaluation focused on corrosion/erosion of the steel shot and
the TNI shot, and associated changes in organs and blood chemistry. A
total of 134 of the TNI shot pellets and 138 of the steel shot were
recovered from the gizzards of the test birds after 30 days. TNI shot
pellets recovered from gizzards at the end of the test retained an
average of 88.6% of their initial weight; steel pellets retained an
average of 49.7% of their weight.
Histopathological examination of kidney tissues from the 41 ducks
alive at the end of the test period revealed no significant lesions.
Livers also appeared to have been unaffected by steel pellets or TNI
shot. Hemoglobin, white blood cell counts, hematocrits, and blood serum
chemistry results did not differ between the steel shot test group and
the TNI shot test group, with the exception that the mean for plasma
protein was significantly higher in the TNI shot-treated ducks.
Analytical chemistry of liver, kidney, and blood samples showed
some differences between the steel shot and TNI shot test groups. Mean
tungsten concentrations in blood, liver, and kidney tissues were 0.24
ppm in the blood, 0.64 ppm in kidney tissue, and 1.65 ppm in liver
tissue. No tungsten was detected in tissues of mallards dosed with
steel shot. Mean nickel concentrations in blood (0.03 ppm), liver (0.09
ppm), and kidney (0.44 ppm) tissues were significantly higher in ducks
dosed with TNI shot than in those dosed with steel shot. Mean nickel
concentrations in blood, liver, and kidney tissues of mallards treated
with 800 ppm in the diet for 90 days were 0.139, 0.52, and 1.94 ppm,
respectively (Eastin and O'Shea 1991). Those ducks suffered no apparent
ill effects from their treatment. Mean iron concentrations in the blood
and liver were higher for the ducks dosed with steel shot, but kidney
concentrations did not differ.
EPT (1999) calculated that the mallards studied by Eastin and
O'Shea (1981) consumed approximately 102 mg of nickel each day during
the study. Under the Tier 2 protocol, each test mallard is dosed with 8
#4 shot at 0, 30, 60, and 90 days, which in the case of TNI shot would
contain a total of 32 shot, and 2.3 g of nickel per bird. At pH 2, with
continual grinding of ingested shot, eight #4 pellets would lose 0.176
mg of nickel per day. The maximum exposure for a mallard under such
conditions would be 0.704 mg/day, substantially less than the estimated
consumption by mallards in the Eastin
and O'Shea study (EPT 1999). We believe, therefore, that consumption of
nickel from TNI shot is unlikely to have detrimental effects on
Ingestion by Fish, Amphibians, Reptiles, or Mammals
Based on the available information and past reviews of tungsten-
based shot, we expect no detrimental effects due to tungsten or iron on
animals that might ingest TNI shot. However, we know of no studies of
ingestion of nickel by herpetofauna. In the worst case, assuming
complete erosion of a #4 TNI shot pellet equal to that found in a
mallard gizzard, exposure to a vertebrate would be approximately 0.022
mg of nickel per day if the shot were retained in the animal. The
exposure actually would be substantially less because a shot pellet
likely would not be retained in most animals that might consume one.
Nontoxic Shot Approval
The first condition for nontoxic shot approval is toxicity testing.
Based on the results of the toxicological reports and the toxicity
tests, we conclude that TNI shot does not pose a significant danger to
migratory birds, other wildlife, or their habitats.
The second condition for approval is testing for residual lead
levels. Any shot with a lead level of 1% or more will be illegal. We
determined that the maximum environmentally acceptable level of lead in
shot is 1%, and incorporated this requirement in the nontoxic shot
approval process we published on December 1, 1997 (62 FR 63607).
ENVIRON-Metal, Inc. has documented that TNI shot meets this
The third condition for approval involves enforcement. On August
18, 1995 (60 FR 43313), we stated 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. TNI shotshells can be drawn to a
magnet as a simple field detection method.
This final rule will amend 50 CFR 20.21(j) by approving TNI shot as
nontoxic for migratory bird hunting. It is based on the toxicological
reports, acute toxicity studies, and assessment of the environmental
effects of the shot. Those results indicate no deleterious effects of
TNI shot to ecosystems or when ingested by waterfowl.
We received one comment on the October 30, 2000 proposed rule to
approve TNI shot for hunting waterfowl and coots. That comment
supported granting approval for use of the shot.
Anderson, W. L., S. P. Havera, and B. W. Zercher. 2000. Ingestion of
lead and nontoxic shotgun pellets by ducks in the Mississippi
flyway. Journal of Wildlife Management 64:848-857.
Ambrose, P., P. S. Larson, J. F. Borzelleca, and G. R. Hennigar, Jr.
1976. Long term toxicologic assessment of nickel in rats and dogs.
Journal of Food Science and Technology 13:181-187.
Bellrose, F. C. 1959. Lead poisoning as a mortality factor in
waterfowl populations. Illinois Natural History Survey Bulletin
Brewer, L. and A. Fairbrother. 2000. Corrosion/erosion of Hevi-shot
nontoxic shot in mallard duck gizzards. EBA, Inc., Snow Camp, North
Carolina. 152 pages.
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-polymer shot in game-farm mallards. Report to Federal
Cartridge Company. 71 pages.
Cain, B. W. and E. A. Pafford. 1981. Effects of dietary nickel on
survival and growth of mallard ducklings. Archives of Environmental
Contamination and Toxicology 10:737-745.
Cohen, H. J., R. T. Drew, J. L. Johnson, and K. V. Rajagopalan.
1973. Molecular basis of the biological function of molybdenum: the
relationship between sulfite oxidase and the acute toxicity of
bisulfate and SO2. Proceedings of the National Academy of Sciences
Eastin, W. C., Jr. and T. J. O'Shea. 1981. Effects of dietary nickel
on mallards. Journal of Toxicology and Environmental Health 7:883-
Ecological Planning and Toxicology, Inc. 1999. Application for
approval of t-n-i metal\TM\ nontoxic shot: Tier 1 report. Cherry
Hill, New Jersey. 28 pages plus appendixes.
Fairchild, E. J., R. J. Lewis, and R. L. Tatken (editors). 1977.
Registry of toxic effects of chemical substances, Volume II. Pages
590-592. U.S. Department of Health, Education, and Welfare
Publication (NIOSH) 78-104B. 227 pages.
Ingersoll, C. G., P. S. Haverland, E. L. Brunson, T.J. Canfield, F.
J. Dwyer, C. E. Henke, N. E. Kemble, and D. R. Mount. 1996.
Calculation and evaluation of sediment effect concentrations for the
amphipod Hyalella azteca and the midge Chironomus riparius. EPA 905-
R96-008, Great Lakes National Program Office, Region V, Chicago,
Illinois. Mixed pagination.
Kabata-Pendias, A. and H. Pendias. 1984. Trace elements in soils and
plants. CRC Press, Inc. Boca Raton, FL. 315 pages.
Karantassis, T. 1924. On the toxicity of compounds of tungsten and
molybdenum. Annals of Medicine 28:1541-1543.
Kelly, M. E., S. D. Fitzgerald, R. J. Aulerich, R. J. Balander, D.
C. Powell, R. L. Stickle. W. Stevens, C. Cray, R. J. Tempelman, and
S. J. Bursian. 1998. Acute effects of lead, steel, tungsten-iron and
tungsten-polymer shot administered to game-farm mallards. Journal of
Wildlife Diseases 34:673-687.
Kinard, F. W. and J. Van de Erve. 1941. The toxicity of orally-
ingested tungsten compounds in the rat. Journal of Pharmacology and
Experimental Therapeutics 72:196-201.
Kraabel, F. W., M. W. Miller, D. M. Getzy, and J. K. Ringelman.
1996. Effects of embedded tungsten-bismuth-tin shot and steel shot
on mallards. Journal of Wildlife Diseases 38:1-8.
Long, E. R. and L. G. Morgan. 1991. The potential for biological
effects of sediment-sorbed contaminants tested in the National
Status and Trends Program. NOAA Technical Memorandum NOS OMA 52,
National Oceanic and Atmospheric Administration, Seattle,
Washington. 175 pages + appendices.
MacDonald, D. D., C. G. Ingersoll, and T. A. Berger. 2000.
Development and evaluation of consensus-based sediment quality
guidelines for freshwater ecosystems. Archives of Environmental
Contamination and Toxicology 39:20-31.
McGhee, F., C. R. Creger, and J. R. Couch. 1965. Copper and iron
toxicity. Poultry Science 44:310-312.
Morck, T. A. and R. E. Austic. 1981. Iron requirements of white
leghorn hens. Poultry Science 60:1497-1503.
National Research Council. 1980. Mineral tolerance of domestic
animals. National Research Council, National Academy of Sciences,
Washington, D.C. 577 pages.
Nell, J. A., W. L. Bryden, G. S. Heard, and D. Balnave. 1981a.
Reproductive performance of laying hens fed tungsten. Poultry
Nell, J. A., E. F. Annison, and D. Balnave. 1981. The influence of
tungsten on the molybdenum status of poultry. British Poultry
Nieboer, E., R. T. Tom, and W. E. Sanford. 1988. Nickel metabolism
in man and animals. Pages 91-122 in Metal ions in biological
systems, volume 23: nickel and its role in biology. H. Sigel and A.
Sigel, editors. Marcel Dekker, New York.
Nielsen, F. H. and H. H. Sandstead. 1974. Are nickel, vanadium,
silicon, fluoride, and tin essential for man? American Journal of
Clinical Nutrition 27:515-520.
Pham-Huu-Chanh. 1965. The comparative toxicity of sodium chromate,
molybdate, tungstate, and metavanadate. Archives Internationales de
Pharmacodynamie et de Therapie 154:243-249.
Phatak, S. S. and V. N. Patwardhan. 1950. Toxicity of nickel.
Journal of Science and Industrial Research 9B:70-76.
Ringelman, J. K., M. W. Miller, and W. F. Andelt. 1993. Effects of
ingested tungsten-bismuth-tin shot on captive mallards. Journal of
Wildlife Management 57:725-732.
Schnegg, S. and M. Kirchgessner. 1976. [Toxicity of dietary nickel].
Landwirtsch. Forsch. 29:177. Cited in Chemical Abstracts 86:101655y
Schroeder, H. A. and M. Mitchener. 1975. Life-term studies in rats:
effects of aluminum, barium, beryllium, and tungsten. Journal of
Smith, S. L., D. D. MacDonald, K. A. Keenleyside, C. G. Ingersoll,
and J. Field. 1996. A preliminary evaluation of sediment quality
assessment values for freshwater ecosystems. Journal of Great Lakes
Stokes, P. 1988. Nickel in aquatic systems. Pages 31-46 in Metal
ions in biological systems, volume 23: nickel and its role in
biology. H. Sigel and A. Sigel, editors. Marcel Dekker, New York.
Teekel, R. A. and A. B. Watts. 1959. Tungsten supplementation of
breeder hens. Poultry Science 38:791-794.
U.S. Environmental Protection Agency. 1980. Ambient water quality
criteria for nickel. U.S. Environmental Protection Agency,
Washington, D.C. 207 pages.
U.S. Environmental Protection Agency. 1997. The incidence and
severity of sediment contamination in surface waters of the United
States: National sediment quality survey, Volume 1. EPA 823-R-97-
006. Office of Science and Technology, Washington, D.C. 182 pages
U.S. Fish and Wildlife Service. 1986a. Environmental Assessment:
copper/nickel plating on nontoxic shot. U.S. Fish and Wildlife
Service, Washington, D.C. 3 pages.
U.S. Fish and Wildlife Service. 1986b. Finding of no significant
impact: copper/nickel plating on nontoxic shot. U.S. Fish and
Wildlife Service, Washington, D.C. 1 page.
Weber, C. W. and B. L. Reid. 1968. Nickel toxicity in growing
chicks. Journal of Nutrition 95:612-616.
Wei, H. J., X-M. Luo, and X-P. Yand. 1987. Effects of molybdenum and
tungsten on mammary carcinogenesis in Sprague-Dawley (SD) rats.
Chung Hua Chung Liu Tsa Chih 9:204-7. English abstract.
In compliance with the requirements of section 102(2)(C) of the
NEPA and the Council on Environmental Quality's regulation for
implementing NEPA (40 CFR 1500), we prepared a final Environmental
Assessment (EA) for approval of TNI shot in December 2000. The EA is
available to the public at the location indicated in the ADDRESSES
section. Based on review and evaluation of the information contained in
the EA, we have determined that amending 50 CFR 20.21(j) to approve TNI
shot as nontoxic for waterfowl and coot hunting would not be a major
Federal action that would significantly affect the quality of the human
environment within the meaning of section 102(2)(c) of the National
Environmental Policy Act of 1969 (NEPA). Accordingly, the preparation
of an Environmental Impact Statement on this action is not required.
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 completed a Section 7 consultation
under the ESA for this rule, which is available to the public at the
location indicated in the ADDRESSES section. The Division of Endangered
Species concurred with our determination that this rule is ``Not Likely
to Affect'' endangered or threatened species.
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 approves an additional type of nontoxic shot
that may be sold and used to hunt migratory birds; this rule will add
one shot type to those already approved. We have determined, however,
that this rule will have no effect on small entities since the approved
shot 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 or
Executive Order 12866
This rule has not been reviewed by the Office of Management and
Budget (OMB) review under Executive Order 12866. OMB makes the final
determination of significance under Executive Order 12866.
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. We have received OMB
approval of continued collection of information from shot manufacturers
for the nontoxic shot approval process. For further information see 50
Unfunded Mandates Reform
We have determined and certify pursuant to the Unfunded Mandates
Reform 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.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. It does not have an
annual effect on the economy of $100 million or more; nor will it cause
a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions. This rule has the potential for reducing the present cost of
nontoxic shot by making additional materials available for consumers.
It does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises. This
rule may provide beneficial effects to competition, employment,
investment, productivity, innovation, and the ability of U.S.-based
enterprises to compete with foreign-based enterprises.
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, this rule, authorized by
the Migratory Bird Treaty Act, does not have significant takings
implications and does not affect any constitutionally protected
property rights. This rule will not result in the physical occupancy of
property, the physical invasion of property, or the regulatory taking
of any property. In fact, this rule will allow hunters to exercise
privileges that would be otherwise unavailable; and, therefore, reduces
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. This rule does 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 13132,
this regulation does not have significant federalism effects and does
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 determined that this
rule has no effects on Federally recognized Indian tribes.
Under the APA (5 U.S.C. 551-553) our normal practice is to publish
policies with a 30-day delay in effective date. In this case, however,
we use the ``good cause'' exemption under 5 U.S.C. 553(d)(3) to make
this rule effective upon publication. This rule relieves a restriction,
and it is not in the public interest to delay its effective date. We
believe that another nontoxic shot option likely will improve hunter
compliance, thereby reducing the amount of lead shot in the
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
For the reasons discussed in the preamble, 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 paragraph (j) to read as
Sec. 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 tungsten-
nickel-iron (50% tungsten: 35% nickel: 15% iron with 1 percent residual
lead), or such shot approved as nontoxic by the Director pursuant to
procedures set forth in Sec. 20.134, provided that this restriction
applies only to the taking of Anatidae (ducks, geese, (including brant)
and swans), coots (Fulica americana) and any species that make up
aggregate bag limits during concurrent seasons with the former in areas
described in Sec. 20.108 as nontoxic shot zones, and further provided
(1) Tin shot (99.9 percent tin with 1 percent residual lead) is
legal as nontoxic shot for waterfowl and coot hunting for the 2000-2001
hunting season only.
Dated: December 27, 2000.
Kenneth L. Smith,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 01-139 Filed 1-3-01; 8:45 am]
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