[Federal Register: May 2, 2005 (Volume 70, Number 83)]
[Proposed Rules]               
[Page 22625-22626]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AU09

Migratory Bird Hunting; Application for Approval of Tungsten-
Nickel-Iron Alloys as Nontoxic for Hunting Waterfowl and Coots

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Advance notice of proposed rulemaking.


SUMMARY: The U.S. Fish and Wildlife Service (Service) hereby provides 
public notice that ENVIRON-Metal, Inc., of Sweet Home, Oregon, has 
applied for approval of a range of tungsten-nickel-iron alloys as 
nontoxic for waterfowl hunting in the United States. The alloys are 
comprised of 10-70 percent iron,

[[Page 22626]]

20-70 percent tungsten, and 10-40 percent nickel. Densities of the shot 
alloys range from 8.5 grams per cubic centimeter (g/cc) to 13.5 g/cc. 
The Service has initiated review of the shot alloys 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 July 1, 2005.

ADDRESSES: The ENVIRON-Metal, Inc., application may be reviewed in Room 
4091 at the Fish and Wildlife Service, Division of Migratory Bird 
Management, 4501 North Fairfax Drive, Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: 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. 703-711) and the Fish and Wildlife Improvement Act of 1978 
(16 U.S.C. 712) implement 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, 1976). These treaties protect certain 
migratory birds from take, except as permitted under the Acts. The Acts 
authorize the Secretary of the Interior to regulate take of migratory 
birds in the United States. Under this authority, the U.S. 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 waterfowl hunting 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. Use of shot types other than those listed in 50 CFR 
20.21(j)(1) for hunting waterfowl and coots and any species that make 
up aggregate bag limits is prohibited. We will continue to review all 
shot types submitted for approval as nontoxic.
    ENVIRON-Metal has submitted its application with the counsel that 
it contained all of the specified information 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. A comprehensive review of the Tier-1 information is to be 
concluded by July 1, 2005. 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 we will 
again consider approval of the Iron-Tungsten-Nickel shot as nontoxic. 
If the Tier-1 data review results in a preliminary determination that 
the candidate material does not pose a significant toxicity hazard to 
migratory birds, other wildlife, or their habitats, the Service will 
commence with a rulemaking proposing to approve the candidate shot.

    Dated: April 22, 2005.
Craig Manson,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 05-8686 Filed 4-29-05; 8:45 am]