Migratory Bird Hunting; Temporary Conditional Approval of Tungsten-Iron Shot as Nontoxic for the 1997-98 Season

DEPARTMENT OF INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AE09

Migratory Bird Hunting; Temporary Conditional Approval of

Tungsten-Iron Shot as Nontoxic for the 1997-98 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Final rule.

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SUMMARY: The U.S. Fish and Wildlife Service (Service) amends Section

20.21(j) and temporarily approves tungsten-iron shot as nontoxic for

the 1997-98 migratory bird hunting season. The toxicological report and

extensive literature search and analysis suggests that tungsten and

tungsten-iron are nontoxic under conditions for the proposed shot

configuration. Analysis of the toxicity study reveals no adverse

effects over a 30-day period when dosing mallards with 8 BB-size

tungsten-iron shot.

EFFECTIVE DATE: September 1, 1997.

FOR FURTHER INFORMATION CONTACT: Paul R. Schmidt, Chief, or Carol

Anderson, Wildlife Biologist, Office of Migratory Bird Management

(MBMO), (703) 358-1714.

SUPPLEMENTARY INFORMATION: Since the mid-1970s, the Service has sought

to identify shot that, when spent, does not pose a significant toxic

hazard to migratory birds and other wildlife. Currently, steel shot and

bismuth-tin shot are approved by the Service as nontoxic. The Service

believes approval for other suitable candidate shot materials as

nontoxic is feasible. Compliance with the use of nontoxic shot is

increasing over the last few years. The Service believes that this

level of compliance will continue to increase with the availability and

approval of other nontoxic shot types. The Service is eager to consider

these other materials for approval as nontoxic shot.

Federal Cartridge Company's (Anoka, MN) candidate shot is made from

sintering tungsten and iron, which forms a two-phase alloy. Shot made

from this material has a density of approximately 10.3 gm/cc, or 94

percent of the density of lead. The tested shot will contain nominally

55 percent tungsten and 45 percent iron, by weight; whereas, the

marketed shot will contain nominally 40 percent tungsten and 60 percent

iron, by weight. The pellet will have sufficient iron to attract a

magnet. The Service, in consultation with the U.S. Geological Service,

Biological Resources Division, considers the higher tungsten ratio of

the tested shot more potentially toxic and that the lower ratio of the

marketed shot poses significantly less risk.

Federal's application includes a description of the new tungsten-

iron shot, a toxicological report, and results of a 30-day dosing study

(Test 1) to assess the toxicity of this shot in game-farm mallards as

outlined in 50 CFR 20.134(c)(2). The toxicological report incorporates

toxicity information (a synopsis of acute and chronic toxicity data for

birds, acute effects on mammals, potential for environmental concern,

toxicity to aquatic and terrestrial invertebrates, amphibians and

reptiles), and information on environmental fate and transport (shot

alteration, environmental half-life, and environmental concentration).

The toxicity study is a 30-day dosing test to determine if the

candidate shot poses any deleterious effects to game-farm mallards.

Toxicity Information: There is considerable difference in the

toxicity of soluble and insoluble compounds of tungsten and iron.

Elemental tungsten and iron are virtually insoluble and, therefore, are

expected to be nontoxic. After completion of the literature review,

there appears to be no basis for concern of toxicity to wildlife for

the candidate shot material (metallic tungsten and iron) via ingestion

by fish, birds, or mammals (Bursian et al. 1996; Gigiena 1983; Patty

1981; Industrial Medicine 1946; Karantassis 1924).

Environmental Fate and Transport: Tungsten is insoluble in water

and, therefore, not mobile in hypergenic environments. Tungsten is very

stable with acids and does not easily complex. Preferential uptake by

plants in acid soil suggests uptake of tungsten in the anionic form

associated with tungsten minerals rather than elemental tungsten

(Kabata-Peddias 1984).

Environmental Concentration: The expected environmental

concentration (EEC) is defined as the concentration of a chemical in a

particular environmental compartment that is based on an estimate or

modeling simulation of use, disposal, transport, and fate of a

chemical. Calculation of the EEC for a terrestrial ecosystem is on

69,000 shot per hectare (Pain 1990), assuming complete erosion of

material in 5 cm of soil. The EEC for tungsten in soil is 32.9 mg/kg of

shot material left in the soil after the initial degradation of the

shot. This calculated amount is based on shot composed of 62.9 percent

tungsten-iron alloy, 11.87 percent tungsten, and 25.31 percent iron.

Adverse effects on biota are not expected to occur for shot components,

given the Hazard Quotients (HQs).

Calculation of the expected environmental concentration (EEC) for

an aquatic ecosystem assumes complete erosion of the shot in one cubic

foot of water. The EEC in water for tungsten was 10.5 mg/L left in the

water after the initial degredation of the shot. This calculated amount

is based on shot composed of 62.9 percent tungsten-iron alloy, 11.87

percent tungsten, and 25.31 percent iron. Given these HQs, adverse

effects on biota are not expected to occur for shot components.

An extensive literature search and review provides information on

the toxicity of elemental tungsten to waterfowl and other birds.

Ringelman et al.'s (1993) investigation of the effects of ingested

tungsten-bismuth-tin (TBT) shot on captive mallards found no acute

toxicity. Orally dosing 28-week old game-farm mallards with 12 to 17

pellets (1.03g) of TBT shot revealed no evidence of intoxication over a

period of 32 days. No birds died during the trial. Gross lesions were

not observed during the postmortem examination. Histopathological

examination did not reveal any evidence of toxicity or tissue damage.

Tungsten was not detectable in kidney or liver samples. The authors

concluded that TBT shot presents virtually no potential for acute

intoxication in mallards.

A study by Kraabel et al. (1996) assessed the effects of embedded

tungsten-bismuth-tin shot on mallards. The authors' conclusion was that

TBT is not acutely toxic when implanted in mallard muscle tissue.

Inflammatory reactions to TBT shot were localized, and had no

detectable systemic effects on mallard health.

Nell (1981) fed laying hens 0.4 or 1g/kg tungsten in a commercial

mash for five months to assess the reproductive performance. Weekly egg

production was normal and hatchability of fertile eggs was not

affected.

Large doses of tungsten given to chickens either through injection

or by feeding saw an increase in tissue concentration of tungsten and a

decreased tissue concentration of molybdenum (Nell 1981). The loss rate

of tungsten from the liver occurred in an exponential manner with a

half-life of 27 hours. The alterations in molybdenum metabolism seem to

identify with tungsten and not of molybdenum deficiency. Death due to

tungsten occurred when tissue concentrations were increased to

25g/g liver. At this concentration, the

[[Page 43445]]

activity of xanthine dehydrogenase was zero.

In Federal's dosing study, eight male and 8 female adult mallards

were given 8 #4 steel shot, 8 #4 lead shot, or 8 BB's of tungsten-iron

and observed over a 30-day period. An additional 8 males and 8 females

were given no shot. All tungsten-iron birds survived the test with a

slight increase in body weight. There were no changes in hematocrit,

hemoglobin concentration, and ALAD activity, as well as 25 plasma

chemistry parameters. Five of the 16 tungsten-iron birds had a mild

hepatocellular biliary stasis, but the authors felt this was not

remarkable. No other histopathological lesions were found. There was

some absorption of tungsten in the femur, kidney, and liver, with some

effect on the bile. In general,however, no adverse effects were seen

when mallards were given 8 BB-size tungsten-iron shot and monitored

over a 30-day period. Fifty percent of the lead-dosed birds (5 males

and 3 females) died during the 30-day test while there were no

mortalities in the other groups. Lead-dosed birds were the only ones to

display green excreta, lethargy, and ataxia. Alteration of body weights

was not significant in any of the treatments, although lead-dosed birds

which died during the trial lost an average of 30 percent of their body

weight. Hematocrit, hemoglobin concentrations, and ALAD activity were

significantly depressed at day 15 in the lead-dose females, while lead-

dose males had significantly depressed hematocrit and hemoglobin

concentration in comparison to the other three groups. There were no

significant differences in these whole-blood parameters at day 30.

As a result of the toxicological report and toxicity test the

Service concludes that tungsten-iron shot, nominally 40-55 percent

tungsten and 60-45 percent iron, by weight with 2W and FeW)

and pure tungsten were also present in the marketed shot. The Service

requested additional information from Federal regarding the details of

the manufacturing process of the tungsten-iron shot. Federal states the

tungsten-iron shot is sintered at 1520 deg.C under a tight time and

temperature tolerance. The Fe7W6 compound is

formed at thermal equilibrium, which takes into account all energy

factors, unlike chemical equilibrium. The shot is then quickly cooled

to ambient temperatures much like quenching steel. High cooling rates

of the tungsten-iron shot, in part due to the small size of the

tungsten-iron shot, preclude the formation of compounds other than

Fe7W6. The Fe7W6 that forms

at the 1520 deg.C sintering temperature is cooled too quickly to change

to other compounds. Transformation to other compounds is sluggish; x-

ray diffraction analysis confirms the absence of the other

intermetallic compounds. The Toxicity Test 1, and subsequent Toxicity

Tests 2 and 3, will be conducted using tungsten-iron shot representing

a ``worst-case'' scenario, i.e., the shot being tested has a higher

concentration of the Fe7W6 compound than the shot

Federal plans to manufacture for public use.

Winchester also raised their concern about the fact that the

``soft'' matrix of this tungsten-iron shot is as hard or harder than

current gun barrels which have been designed for steel shot. The

Service agrees that this should be a concern for the consumer. Federal

recognized that the hardness of the tungsten-iron shot would require a

new wad to protect shotgun bores from scouring. Federal designed a wad

made of high-density polyethylene which features three inner petals

overlapped by three outer petals so there are no exposed wad slits to

allow the shot to contact the barrel or chokes. The wad's outer petals

are designed to shear back or off once it exits the barrel.

Additionally, tungsten-iron shot is not recommended for use with older

shotguns or for fine double guns not designed to handle steel. Federal

advises that these tungsten loads should only be shot through barrels

and chokes approved for use with steel shot.

Furthermore, Winchester is concerned that the payloads and/or

pellet counts in the marketed shot have generally not been found to be

effective, efficient harvesters of game at anything but very modest

ranges. The primary shortcoming is insufficient pattern density to

ensure the necessary number of pellet strikes for consistent, clean

bagging of game. It is reasonable to expect the possibility of a high

crippling rate for either of these very low pellet count loads.

Previous uses of low pellet count, relatively high energy pellets have

generally not yielded satisfactory results. Federal recognized that

tungsten-iron shot has different ballistic properties than that of

steel and bismuth-tin shot. Consequently, they conducted ballistic

tests using ballistic software modeling and test-firing the tungsten

shot. Their research indicated that a relatively light payload with a

high velocity was the best alternative. Tests show that the new loads

shot tight patterns like steel; offered ballistic advantages of high

velocity; had better downrange energy than steel, bismuth, or lead; and

produced better penetration than the other pellet materials. The

Service expects that crippling rates may increase slightly with the

advent of any new nontoxic shot; however, continued education and

training of waterfowl hunters will help keep crippling loss to a

minimum. The effectiveness of any shot is a function of the shooter's

ability to place the pellets on the bird, the pellet's energy at point-

of-contact, and the pellet's ability to penetrate. Hunters should test

different loads with their guns before hunting with any new shot so

that adjustments can be made to their technique in order to reduce

crippling losses. Initial field testing in Canada has shown that the

tungsten-iron shot performed exceptionally well.

References

A list of references is available and will be provided upon

request.

NEPA Consideration

In compliance with the requirements of section 102(2)(C) of the

National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4332(C)),

and the Council on Environmental Quality's regulation for implementing

NEPA (40 CFR 1500-1508), the Service prepared an Environmental

Assessment (EA) in December, 1996. This EA is available to the public

at the Office of Migratory Bird Management, U.S. Fish and Wildlife

Service, ms 634--ARLSQ, 1849 C Street NW., Washington D.C. 20240. Based

on review and evaluation of the information in the EA, the Service

determined the action to amend 50 CFR 20.21(j) to extend temporary

conditional approval of tungsten-iron shot as nontoxic for 1997-98 and

1998-99 migratory bird hunting seasons would not be a major Federal

action that would significantly affect the quality of the human

environment.

Endangered Species Act Considerations

Section 7 of the Endangered Species Act (ESA) of 1972, as amended

(16 U.S.C. 1531 et seq.), provides that, ``The Secretary shall review

other programs administered by him and utilize such programs in

furtherance of the purposes of this Act'' (and) shall ``insure that any

action authorized, funded or carried out ... is not likely to

jeopardize the continued existence of any endangered species or

threatened species or result in the destruction or adverse modification

of (critical) habitat ...'' Pursuant to section 7 of the ESA, MBMO

sought review and concurrence that this action is not likely

to adversely affect threatened, endangered, proposed, and

category 1 species. Based on review and evaluation of the toxicity

testing and available information, the Service determined that no

adverse impact on endangered and threatened species would result from

the proposed action. The results of this review may be inspected by the

public in, and will be available to the public from, the Office of

Migratory Bird Management, U.S. Fish and Wildlife Service, ms 634--

[[Page 43447]]

ARLSQ, 1849 C Street NW, Washington D.C. 20240.

Regulatory Flexibility Act, Executive Order 12866, and the

Paperwork Reduction Act

The Regulatory Flexibility Act of 1980 (5 U.S.C. 601 et seq.)

requires the preparation of flexibility analyses for rules that will

have a significant effect on a substantial number of small entities,

which includes small businesses, organizations or governmental

jurisdictions. The economic impacts of annual hunting on small business

entities were analyzed in detail and a Small Entity Flexibility

Analysis (Analysis), was issued by the Service in 1995. The Analysis

documented the significant beneficial economic effect on a substantial

number of small entities. The primary source of information about

hunter expenditures for migratory game bird hunting is the National

Hunting and Fishing Survey, which is conducted at 5-year intervals. The

Analysis utilized the 1991 National Hunting and Fishing Survey and the

U.S. Department of Commerce's County Business Patterns from which it

was estimated that migratory bird hunters would spend between $10 and

$59 million at small businesses in 1995. The approval of tungsten-iron

as an alternative shot to steel and bismuth-tin will have a minor

positive impact on small businesses by allowing them to sell a third

nontoxic shot to the hunting public. However, the overall effect to

hunting expenditures in general would be minor. Therefore, the Service

determined this rule will have no effect on small entities since the

approved shot merely will supplement nontoxic shot already in commerce

and available throughout the retail and wholesale distribution systems.

The Service anticipates no dislocation or other local effects, with

regard to hunters and others. This rule was not subject to Office of

Management and Budget (OMB) review under Executive Order 12866. The

Service has examined this regulation under the Paperwork Reduction Act

of 1995 and found it to contain no information collection requirements.

Unfunded Mandates Reform

The Service has determined and certifies pursuant to the Unfunded

Mandates Act, 2 U.S.C. 1502 et seq., that this rulemaking will not

impose a cost of $100 million or more in any given year on local or

State government or private entities.

Civil Justice Reform--Executive Order 12988

The Service, in promulgating this rule, determines that these

regulations meet the applicable standards provided in Sections 3(a) and

3(b)(2) of Executive Order 12988.

Authorship

The primary author of this final rule is Carol Anderson, Office of

Migratory Bird Management.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting and recordkeeping

requirements, Transportation, Wildlife.

Accordingly, Part 20, Subchapter B, Chapter 1 of Title 50 of the

Code of Federal Regulations is amended as follows:

PART 20--[AMENDED]

1. The authority citation for Part 20 continues to read as follows:

Authority: 16 U.S.C. 703-712 and 16 U.S.C. 742 a--j.

2. Section 20.21 is amended by revising paragraph (j), introductory

text, and adding paragraph (j)(2) to read as follows:

Sec. 20.21 Hunting methods.

* * * * *

(j) While possessing shot (either in shotshells or as loose shot

for muzzleloading) other than steel shot, or bismuth-tin (97 parts

bismuth: 3 parts tin with <1 percent residual lead) shot, or tungsten-

iron (nominally 40 parts tungsten: 60 parts iron with <1 percent

residual lead) shot or such shot approved as nontoxic by the Director

pursuant to procedures set forth in 20.134, provided that:

(1) * * *

(2) Tungsten-iron shot (nominally 40 parts tungsten: 60 parts iron

with <1 percent residual lead) is legal as nontoxic shot for the 1997-

98 migratory bird hunting season, except for the Yukon-Kuskokwim Delta

habitat in Alaska.

Dated: August 7, 1997.

Donald J. Barry,

Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 97-21448 Filed 8-12-97; 8:45 am]

BILLING CODE 4310-55-F