[Federal Register: October 24, 2003 (Volume 68, Number 206)]
[Proposed Rules]               
[Page 60898]
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 Silvex Metal 
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) is providing 
public notification that Victor Oltrogge of Arvada, Colorado, has 
applied for approval of Silvex shot as nontoxic for waterfowl hunting 
in the United States. The Service has initiated review of Silvex under 
the criteria set out in Tier 1 of the nontoxic shot approval 

DATES: A comprehensive review of the Tier 1 information is to be 
concluded by December 23, 2003.

ADDRESSES: Mr. Oltrogge's application may be reviewed in Room 4091 at 
the Fish and Wildlife Service, Division of Migratory Bird Management, 
4501 N. Fairfax Drive, Arlington, Virginia, 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 comments at Room 
4091 at the Fish and Wildlife Service, Division of Migratory Bird 
Management, 4501 North Fairfax Drive, Arlington, Virginia, 22203-1610.

FOR FURTHER INFORMATION CONTACT: Brian Millsap, Chief, Division of 
Migratory Bird Management, (703) 358-1714, or John J. Kreilich, Jr., 
Wildlife Biologist, Division of Migratory Bird Management, (703) 358-

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, when spent, do not pose a significant toxic 
hazard to migratory birds and 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 provide producers of shot with the opportunity to submit 
for approval alternative types of nontoxic shot.
    Mr. Oltrogge submitted his application with the counsel that it 
contained all of the specified information for a complete Tier 1 
submittal and requested unconditional approval pursuant to the Tier 1 
time frame. We have determined that the application is complete, and 
have 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 Silvex 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: October 10, 2003.
Matt Hogan,
Deputy Director, U.S. Fish and Wildlife Service.
[FR Doc. 03-26935 Filed 10-23-03; 8:45 am]