[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]



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 
    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]