[Federal Register: November 18, 2003 (Volume 68, Number 222)]
[Proposed Rules]               
[Page 65023-65024]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 20

Migratory Bird Hunting; Application for Approval of Tungsten-
Bronze-Iron as a Nontoxic Shot Material for Waterfowl Hunting

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Notice of application.


SUMMARY: The U.S. Fish and Wildlife Service (Service) hereby provides 
public notice that International Nontoxic Composites Corporation of 
Ontario, Canada, has applied for approval of Tungsten-Bronze-Iron shot 
as nontoxic for waterfowl hunting in the United States. The Service has 
initiated review of the shot under the criteria set out in Tier 1 of 
the nontoxic shot approval procedures given at 50 CFR 20.134.

DATES: A comprehensive review of the Tier 1 information is to be 
concluded by January 20, 2004.

ADDRESSES: The International Nontoxic Composite Corporation application 
may be reviewed in Room 4091 at the Fish and Wildlife Service, Division 
of Migratory Bird Management, 4501 N. Fairfax Drive, Arlington, 

[[Page 65024]]

22203-1610. Comments on this notice may be submitted to the Division of 
Migratory Bird Management at 4401 North Fairfax Drive, MS MBSP-4107, 
Arlington, VA 22203-1610. Comments will become part of the 
Administrative Record for the review of the application. The public may 
review the record at the Division of Migratory Bird Management, Room 
4091, 4501 North Fairfax Drive, Arlington, Virginia, 22203-1610.

FOR FURTHER INFORMATION CONTACT: Brian Millsap, Chief, Division of 
Migratory Bird Management, (703) 358-1714, or George T. Allen, Wildlife 
Biologist, Division of Migratory Bird Management, (703) 358-1825.

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, the Service has sought to identify types of 
shot for waterfowling that are not toxic to migratory birds or other 
wildlife when ingested. We have approved several types of shot as 
nontoxic and added them to the migratory bird hunting regulations in 50 
CFR 20.21. We believe that compliance with the use of nontoxic shot 
will continue to increase with the approval and availability of other 
nontoxic shot types. Therefore, we continue to review all shot types 
submitted for approval as nontoxic.
    International Nontoxic Composites has submitted its application 
with the counsel that it contained all of the information specified in 
50 CAR 20.134 for a complete Tier 1 submittal, and has requested 
unconditional approval pursuant to the Tier 1 time frame. The Service 
has determined that the application is complete, and has initiated a 
comprehensive review of the Tier 1 information. After the review, the 
Service will either publish a Notice of Review to inform the public 
that the Tier 1 test results are inconclusive or publish a proposed 
rule for approval of the candidate shot. If the Tier 1 tests are 
inconclusive, the Notice of Review will indicate what other tests will 
be required before approval of the Tungsten-Bronze-Iron shot as 
nontoxic is again considered. If the Tier 1 data review results in a 
preliminary determination that the candidate material does not pose a 
significant hazard to migratory birds, other wildlife, or their 
habitats, the Service will commence with a rulemaking proposing to 
approve the candidate shot.

    Dated: November 4, 2003.
Matt Hogan,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 03-28688 Filed 11-17-03; 8:45 am]