[Federal Register: March 3, 2009 (Volume 74, Number 40)]
[Proposed Rules]
[Page 9207]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr03mr09-17]
-----------------------------------------------------------------------
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
[FWS-R9-MB-2009-0003; 91200-1231-9BPP]
RIN 1018-AW46
Migratory Bird Hunting; Application for Approval of Tungsten-
Iron-Fluoropolymer Shot as Nontoxic for Waterfowl Hunting
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Notice of application for nontoxic shot approval.
-----------------------------------------------------------------------
SUMMARY: We, the U.S. Fish and Wildlife Service, announce that Tundra
Composites, LLC, of White Bear Lake, Minnesota, has applied for our
approval of shot composed of alloys of tungsten, iron, and
fluoropolymer as nontoxic for waterfowl hunting in the United States.
The alloys are 41.5 to 95.2 percent tungsten, 1.5 to 52.0 percent
steel, and 3.5 to 8.0 percent fluoropolymer by weight. We have
initiated review of the shot under the criteria we have set out in our
nontoxic shot approval procedures in our regulations.
DATES: Our comprehensive review of the application information is to
conclude by May 4, 2009.
ADDRESSES: You may review the Tundra Composites application at the Fish
and Wildlife Service, Division of Migratory Bird Management, 4501 North
Fairfax Drive, Arlington, VA 22203-1610.
FOR FURTHER INFORMATION CONTACT: Ron Kokel, Wildlife Biologist,
Division of Migratory Bird Management, (703) 358-1967.
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, we control the hunting of migratory game birds through
regulations in 50 CFR part 20. We prohibit the use of shot types other
than those listed in the Code of Federal Regulations (CFR) at 50 CFR
20.21(j) for hunting waterfowl and coots and any species that make up
aggregate bag limits.
Since the mid-1970s, we have sought to identify types of shot for
waterfowl hunting that are not toxic to migratory birds or other
wildlife when ingested. We have approved nontoxic shot types and added
them to the migratory bird hunting regulations in 50 CFR 20.21(j). We
will continue to review all shot types submitted for approval as
nontoxic.
Tundra Composites has submitted its application to us 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 timeframe. Having determined that the
application is complete, we have initiated a comprehensive review of
the Tier 1 information under 50 CFR 21.134. After review, we will
either publish a notice of review to inform the public that the Tier 1
test results are inconclusive, or we will publish a proposed rule to
approve the candidate shot. If the Tier 1 tests are inconclusive, the
notice of review will indicate what other tests we will require before
we will again consider approval of the Tungsten-Iron-Fluoropolymer 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 and add it to our list at 50 CFR 20.21(j).
Dated: February 25, 2009.
Jerome Ford,
Acting Director, U.S. Fish and Wildlife Service.
[FR Doc. E9-4455 Filed 3-2-09; 8:45 am]
BILLING CODE 4310-55-P