[Federal Register: January 21, 2005 (Volume 70, Number 13)]
[Proposed Rules]               
[Page 3180-3181]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]



Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AU04

Migratory Bird Hunting; Application for Approval of Tungsten-
Iron-Copper-Nickel Shot as Nontoxic for Waterfowl Hunting

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 Spherical Precision, Inc. of Tustin, California, has 
applied for approval of 40 to 76 percent tungsten, 10 to 37 percent 
iron, 9 to 16 percent copper, and 5 to 7 percent nickel 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 March 22, 2005.

ADDRESSES: The Spherical Precision, 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. 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.

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. 742a-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

[[Page 3181]]

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 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.
    Spherical Precision 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. 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 Tungsten-Iron-Copper-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: January 3, 2005.
Steve Williams,
Director, U.S. Fish and Wildlife Service.
[FR Doc. 05-1140 Filed 1-19-05; 8:45 am]