[Federal Register Volume 77, Number 119 (Wednesday, June 20, 2012)]
[Proposed Rules]
[Pages 36980-36981]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-14956]



Fish and Wildlife Service

50 CFR Part 20

[Docket No. FWS-R9-MB-2012-0028; FF09M21200-123-FXMB1231099BPP0L2]
RIN 1018-AY61

Migratory Bird Hunting; Application for Approval of Copper-Clad 
Iron 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 Environ-
Metal, Inc., of Sweet Home, Oregon, has applied for our approval of 
shot composed of copper and iron as nontoxic for waterfowl hunting in 
the United States. The shot contains a maximum of 44.1 percent copper 
by weight, with iron composing the rest of the shot. We have initiated 
review of the shot under the criteria we have set out in our nontoxic 
shot approval procedures in our regulations.

DATES: This notice announces the initiation of our review of a Tier 1 
application submitted in accordance with 50 CFR 20.134. We will 

[[Page 36981]]

the review of the application by August 20, 2012.

ADDRESSES: You may view the application by one of the following 
     Federal eRulemaking Portal: http://www.regulations.gov. 
Search for Docket No. FWS-R9-MB-2012-0028.
     Request a copy by contacting the person listed under FOR 

FOR FURTHER INFORMATION CONTACT: George Allen, at 703-358-1825.



    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 most 
migratory bird species from take, except as permitted under the Act, 
which 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 

Current Application

    Environ-Metal has submitted its application to us with the counsel 
that it contained all of the specified information required by 50 CFR 
20.134 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 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 

    Authority: We publish this notice under the authority of the 
Migratory Bird Treaty Act (16 U.S.C. 703-712 and 16 U.S.C. 742 a-j) 
and in accordance with the regulations at 50 CFR 134(b)(2)(i)(D)(3).

    Dated: June 12, 2012.
Rachel Jacobson,
Acting Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 2012-14956 Filed 6-19-12; 8:45 am]