Migratory Bird Hunting; Final Approval of Tungsten-Iron and Tungsten-Polymer Shots and Temporary Approval of Tungsten-Matrix and Tin Shots as Nontoxic for Hunting Waterfowl and Coots

SUMMARY: The U.S. Fish and Wildlife Service (Service or we) proposes to

grant final approval of tungsten-iron and tungsten-polymer shots as

nontoxic for hunting waterfowl and coots. We also propose to grant

temporary approval of tungsten-matrix and tin shots as nontoxic for

hunting waterfowl and coots during the 1999-2000 hunting season only.

Acute toxicity studies reveal no adverse effects over a 30-day period

on mallards (Anas platyrhynchos) dosed with either tungsten-iron,

tungsten-polymer, tungsten-matrix, or tin shot. Reproductive/chronic

toxicity testing over a 150-day period indicated that tungsten-iron and

tungsten-polymer administered to adult mallards did not adversely

affect them or the offspring they produced. We will not consider final

approval of tungsten-matrix and tin shots until all required

reproductive/chronic toxicity tests are successfully completed and the

results are received and approved by the Director. Tungsten-iron and

tungsten-polymer shots are produced by Federal Cartridge Company

(Federal) of Anoka, Minnesota. Tungsten-matrix shot is produced by Kent

Cartridge Company (Kent) of Kearneysville, West Virginia. Tin shot is

produced by the International Tin Research Institute (ITRI) of

Uxbridge, Middlesex, Great Britain.

DATES: Comments on the proposed rule must be received no later than

July 19, 1999.

ADDRESSES: Comments may be sent to the Chief, Office of Migratory Bird

Management (MBMO), U.S. Fish and Wildlife Service, 1849 C Street, NW.,

ms 634-ARLSQ, Washington, DC 20240. The public may inspect comments

during normal business hours in room 634, Arlington Square Building,

4401 N. Fairfax Drive, Arlington, Virginia.

FOR FURTHER INFORMATION CONTACT: Jon Andrew, Chief, Office of Migratory

Bird Management, (703) 358-1714.

SUPPLEMENTARY INFORMATION: Since the mid-1970s, we have sought to

identify shot that does not pose a significant toxic hazard to

migratory birds or other wildlife. Currently, only steel and bismuth-

tin shot are approved as nontoxic. We previously granted temporary

approval for tungsten-iron shot during the 1997-98 (August 13, 1997; 62

FR 43444) and 1998-99 (October 7, 1998; 63 FR 54016) migratory bird

hunting seasons. We also granted temporary approval for tungsten-

polymer (October 7, 1998; 63 FR 54022) and tungsten-matrix (December 8,

1998; 63 FR 67619) shots during the 1998-99 migratory bird hunting

season. Compliance with the use of nontoxic shot has increased over the

last few years. We believe that compliance will continue to increase

with the approval and availability of other nontoxic shot types.

Federal Cartridge Company's (Federal) tungsten-iron shot is an

alloy of approximately 55 percent tungsten and 45 percent iron, by

weight, and has a density of approximately 10.3 g/cm3.

Tungsten-polymer shot is a matrix of Nylon 6 or 11 polymer surrounding

particles of elemental tungsten. Shot made from this material has a

density of approximately 11.2 g/cm3 or approximately the

density of lead. The shot will contain approximately 95.5 percent

tungsten and 4.5 percent Nylon 6 or 11 by weight.

Kent's original candidate shot was fabricated from what is

described in their application as a mixture of powdered metals in a

plastic matrix whose density is comparable to that of lead. All

component metals are present as elements, not compounds. The tungsten-

matrix material from which pellets are formulated has a specific

gravity of 9.8 g/cm3 and is composed of 88 percent tungsten,

4 percent nickel, 2 percent iron, 1 percent copper, and 5 percent

polymers by mass. After consultation with us, Kent has subsequently

changed the composition of their shot and removed nickel and copper.

The new shot material being considered has a density of 10.7 g/

cm3 and is composed of approximately 95.9 percent tungsten

and 4.1 percent polymers.

ITRI's candidate shot is made from commercially pure tin; no

alloying or other alterations are intentionally made to the chemical

composition of the shot. This shot material has a density of

approximately 7.29 g/cm3, and is 99.9 percent tin, with a

low level of iron pickup due to the steel production equipment.

Each of Federal's applications for tungsten-iron and tungsten-

polymer include a description of the shot, a toxicological report (Barr

1996), results of a 30-day dosing study of the toxicity of the shot in

game-farm mallards (Bursian et al. 1996a, Bursian et al. 1996b), and

results of a 150-day reproductive/chronic toxicity study (Bursian et

al. 1999). Kent's application for tungsten-matrix includes a

description of the shot, a toxicological report (Thomas 1997a), and

results of a 30-day toxicity study (Wildlife International, Ltd.

1998a). The tin shot application from ITRI contains a description of

the shot, a toxicological report (Thomas 1997b), and results of a 30-

day toxicity study (Wildlife International, Ltd. 1998b). Toxicological

reports for each shot type incorporates toxicity information (a

synopsis of acute and chronic toxicity data for mammals and birds,

potential for environmental concern, and toxicity to aquatic and

terrestrial invertebrates, amphibians and reptiles) and information on

environmental fate and transport (shot alteration, environmental half-

life, and environmental concentration).

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 are therefore

expected to be relatively nontoxic. Even though most toxicity tests

reviewed were based on soluble tungsten compounds rather than elemental

tungsten, there appears to be no basis for concern of toxicity to

wildlife for either candidate shot via ingestion by fish or mammals

(Bursian et al. 1996b, Gigiena 1983, Karantassis 1924, Patty 1982,

Industrial Medicine 1946). Detailed reviews of the toxicological

impacts of different tin compounds have been conducted by Eisler (1989)

and Cooney (1988). Both reviews indicate that elemental tin is non-

toxic to animals. Tin shot designed for waterfowl hunting is utilized

in several European countries and no reports exist that suggest that

tin shot is causing toxicity problems for wildlife in those countries.

The potential toxicity of nylon compounds due to degradation is

primarily associated with the stabilizers, antioxidants, plasticizers,

and unreacted prepolymers. Residual caprolactum has been found in some

commercial Nylon 6 products, but little concern regarding this compound

has been developed (Patty, 1982). The toxicity of Nylon 6 and 11 are

negligible due to their insolubilities.

Environmental Fate and Transport: Tungsten is insoluble in water

and therefore not mobile in hypergenic environments. Tungsten is very

stable

[[Page 32753]]

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 and

Pendias 1984). Tin pellets will undergo slow surface oxidation to form

hydrated tin oxide, which is extremely insoluble in water (Lide 1990).

Therefore dissolution will be slow, and highly localized aqueous

concentrations will not arise. This means that elemental tin will over

time remain largely in the same inorganic form as when it is

discharged. Tin pellets discharged into wetlands where sulphur ions are

released during organic decomposition would become coated with tin

sulphide, which is highly insoluble in water and resistant to aquatic

hydrolysis (Hoiland 1995).

Environmental Concentration: The effective environmental

concentration (EEC) for a terrestrial ecosystem was calculated based on

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

material in 5 cm of soil. For tungsten-iron shot, the EEC for tungsten

in soil was calculated at 32.9 mg/kg. For tungsten-polymer shot, the

EECs for tungsten and Nylon (6 and 11) in soil are 58.3 mg/kg and 2.7

mg/kg, respectively. The EECs for tungsten and the 2 polymers found in

tungsten-matrix are 25.7 mg/kg, 4.2 mg/kg, and 0.14 mg/kg,

respectively. The EEC for tin in soil is 19.3 g/m3.

The environmental concentration (EEC) for an aquatic ecosystem was

calculated assuming complete erosion of the shot in one cubic foot of

water. For tungsten-iron shot, the EEC in water for tungsten was 10.5

mg/L. For tungsten-polymer shot, the EECs in water for tungsten and

Nylon (6 and 11) are 18.7 mg/L and 0.9 mg/L, respectively. The EECs in

water for tungsten and the 2 polymers found in tungsten-matrix are 4.2

mg/L, 0.2 mg/L, and 0.02 mg/L, respectively. The EEC in water for tin

is 19.3 mg/L.

Effects on Birds: An extensive literature review in each

application provided information on the toxicity of elemental tungsten

and tin to waterfowl and other birds. Ringelman et al. (1993) orally

dosed 20 8-week-old game-farm mallards with 12-17 (1.03 g average

weight) tungsten-bismuth-tin (TBT) pellets and monitored them for 32

days for evidence of intoxication. No birds died during the trial,

gross lesions were not observed during the postmortem examinations,

histopathological examinations did not reveal any evidence of toxicity

or tissue damage, and tungsten was not detectable in kidney or liver

samples. The authors concluded that TBT shot presented virtually no

potential for acute intoxication in mallards.

Kraabel et al. (1996) assessed the effects of embedded TBT shot on

mallards and concluded that TBT was not acutely toxic when implanted in

muscle tissue. Inflammatory reactions to TBT shot were localized and

had no detectable systemic effects on mallard health.

Nell (1981) fed laying hens (Gallus domesticus) 0.4 or 1.0 g/kg

tungsten in a commercial mash for five months to assess reproductive

performance. Weekly egg production was normal and hatchability of

fertile eggs was not affected. Exposure of chickens to large doses of

tungsten either through injection or by feeding resulted in an

increased tissue concentration of tungsten and a decreased

concentration of molybdenum (Nell 1981). The loss of tungsten from the

liver occurred in an exponential manner with a half-life of 27 hours.

The alterations in molybdenum metabolism seemed to be associated with

tungsten intake rather than molybdenum deficiency. Death due to

tungsten occurred when tissue concentrations increased to 25 mg/g

liver. At that concentration, xanthine dehydrogenase activity was zero.

Ringelman et al. (1992) conducted a 32-day acute toxicity study

which involved dosing game-farm mallards with a shot alloy of tungsten-

bismuth-tin (TBT), which was 39, 44.5 and 16.5 percent by weight,

respectively. No dosed birds died during the trial, and behavior was

normal. Examination of tissues post-euthanization revealed no toxicity

or damage related to shot exposure. This study concluded that ``* * *

TBT shot presents virtually no potential for acute intoxication in

mallards under the conditions of this study.''

Several studies have been conducted in which pellets made of tin or

tin alloys have been placed inside the digestive tract or tissues of

ducks to determine if toxic effects occur. Grandy et al. (1968) and the

Huntingdon Research Centre (1987) conducted 30- and 28-day,

respectively, acute toxicity tests on mallard ducks and reported that

all treatment ducks survived with insignificant weight loss or

development of pathological lesions. The potential for bismuth-tin (BT)

shot to produce toxicological effects in ducks during reproduction has

been investigated under both acute and chronic testing conditions. Tin

as a 2% component of the tested shot, did not pose a toxic risk to

ducks when fed a nutritionally-imbalanced, corn-based diet. Neither has

BT shot been shown to pose an adverse risk to the health of ducks, the

reproduction by male and female birds, nor the survival of ducklings

over the long term (Sanderson et al. 1997a, b).

Nylon 6 is the commercially important homopolymer of caprolactum.

Most completely polymerized nylon materials are physiologically inert,

regardless of the toxicity of the monomer from which they are made

(Peterson 1977). Few data exist on the toxicity of Nylon 6 in animals.

Most toxicity studies are related to thermal degradation products and

so are not relevant to the exposure of wildlife to shot containing

nylon. Montgomery (1982) reported that feeding Nylon 6 to rats at a

level of 25 percent of the diet for 2 weeks caused a slower rate of

weight gain, presumably due to a decrease in food consumption and feed

efficiency. However, the rats suffered no anatomic injuries due to the

consumption of nylon.

The two plastic polymers used in tungsten-matrix shot act as a

physical matrix in which the tungsten is distributed as ionically-bound

fine particles. Most completely polymerized nylon materials are

physiologically inert, regardless of the toxicity of the monomer from

which they are made (Peterson 1977). A literature review did not reveal

studies in which either of the two polymers were evaluated for toxicity

in birds.

Acute Toxicity Studies: Federal contracted with Michigan State

University--Department of Animal Science, to conduct an acute toxicity

study of tungsten-iron and tungsten-polymer. Both Kent and ITRI

contracted with Wildlife International Ltd. to conduct an acute

toxicity study of tungsten-matrix and tin shots, respectively. The

acute toxicity test is a short-term (30-day) study where ducks are

dosed with shot and fed commercially available duck food. Survival,

body weight, blood hematocrit, and organ analysis are recorded.

Tungsten-iron and tungsten-polymer: The 30-day dosing study

revealed no adverse effects when mallards were dosed with either 8 BB

size tungsten-iron shot or 8 BB size tungsten-polymer shot and

monitored over a 30-day period (Bursian et al. 1996a, Bursian et al.

1996b). Eight male and 8 female adult mallards were dosed with either 8

No. 4 steel shot, 8 No. 4 lead shot, 8 BB size tungsten-iron shot, or 8

BB size tungsten-polyer shot and observed over a 30-day period. An

additional 8 males and 8 females received no shot. Fifty percent of the

lead-dosed birds (5 males and 3 females) died during the 30-day test

while there were no mortalities in

[[Page 32754]]

the other groups. Lead-dosed birds were the only ones to display green

excreta, lethargy, and ataxia. Body weights were not significantly

altered by 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-dosed females, while

lead-dosed males had significantly depressed hematocrit and hemoglobin

concentration compared with the other four groups. There were no

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

Three tungsten-polymer-dosed males developed mild biliary stasis. The

authors attributed this to the intubating of mallards with 8 BBs of

tungsen-polymer shot inducing a pathological condition--however

slight--that was not found in the control birds. No other

histopathological lesions were found. Tungsten was detected in the

femur of two tungsten-polymer-dosed females and the kidneys of two

tungsten-polymer-dosed birds; in both tissues, concentrations were only

slightly above detection limits. In general, no adverse effects were

seen in mallards given 8 BB-size tungsten-polymer shot and monitored

over a 30-day period.

Tungsten-matrix: Kent's 30-day dosing study (Wildlife International

Ltd. 1998a) included 4 treatment and 1 control group of game-farm

mallards. Treatment groups were exposed to 1 of 3 different types of

shot: 8 #4 steel, 8 #4 lead, or 8 #4 tungsten-matrix; whereas the

control group received no shot. The 2 tungsten-matrix treatment groups

(1 group deficient diet, 1 group balanced diet) each consisted of 16

birds (8 males and 8 females); whereas remaining treatment and control

groups consisted of 6 birds each (3 males and 3 females). All tungsten-

matrix-dosed birds survived the test and showed no overt signs of

toxicity or treatment-related effects on body weight. There were no

differences in hematocrit or hemoglobin concentration between the

tungsten-matrix treatment group and either the steel shot or control

groups. No histopathological lesions were found during gross necropsy.

In general, no adverse effects were seen in mallards given 8 #4 size

tungsten-matrix shot and monitored over a 30-day period. Tungsten was

found to be below the limit of detection in all samples of femur,

gonad, liver, and kidney from treatment groups.

Tin: ITRI's 30-day dosing study (Wildlife International Ltd. 1998b)

included 4 treatment and 1 control group of game-farm mallards.

Treatment groups were exposed to 1 of 3 different types of shot: 8 #4

steel, 8 #4 lead, or 8 #4 tin shot; whereas the control group received

no shot. The 2 tin treatment groups (1 group deficient diet, 1 group

balanced diet) each consisted of 16 birds (8 males and 8 females);

whereas remaining treatment and control groups consisted of 6 birds

each (3 males and 3 females). All tin-dosed birds survived the test and

showed no overt signs of toxicity or treatment-related effects on body

weight. There were no differences in hematocrit or hemoglobin

concentration between the tin treatment group and either the steel shot

or control groups. No histopathological lesions were found during gross

necropsy. In general, no adverse effects were seen in mallards given 8

#4 size tin shot and monitored over a 30-day period. No levels of tin

above the limit of detection were observed in any tissues collected

from either tin treatment group.

Reproductive/chronic Toxicity Study: Federal contracted with

Michigan State University--Department of Animal Science, to conduct an

a reproductive/chronic toxicity studies for both tungsten-iron and

tungsten-polymer shot types. The reproductive/chronic toxicity study is

a long-term (150-day) study where ducks are dosed with shot and fed

commercially available duck food. Survival, body weight, blood

hematocrit, organ analysis, and reproductive performance are recorded.

Tungsten-iron and Tungsten-polymer: The reproductive/chronic

toxicity study revealed no adverse effects when mallards were dosed

with either 8 No. 4 size tungsten-iron shot, or 8 No. 4 size tungsten-

polymer shot, and monitored over a 150-day period (Bursian et al.

1999). Sixteen male and 16 female adult mallards were orally dosed with

either 8 No. 4 steel shot, 8 No. 4 tungsten-iron shot, or 8 No. 4

tungsten-polymer shot. An additional 6 male and 6 female mallards were

dosed with 8 No. 4 lead shot. All lead-dosed birds died by day 25 of

the study, whereas no mortalities occurred in the other test groups.

Lead-dosed birds had significantly decreased hematocrit, hemoglobin

concentration and whole-blood delta aminolevulinic dehydratase activity

on day 7 of the study. Mallards dosed with tungsten-iron or tungsten-

polymer shot had occasional significant differences in hematocrit and

plasma chemistry values when compared to steel-dosed mallards over the

150-day period, but these changes were within the normal range reported

for mallards and were not considered to be deleterious. Relative

kidney, heart, brain and gizzard weights of lead-dosed birds were

significantly greater in comparison to relative weights of those organs

in the other 3 treatment groups. Marked liver hemosiderosis was present

in all steel and tungsten-dosed males, in 5 of 8 steel- and 3 of 8

tungsten-iron-dosed females, and in 1 tungsten-polymer-dosed male

examined. Small amounts of tungsten were detected in gonad and kidney

samples from males and females, in femur samples of males, and in liver

samples from females dosed with tungsten-polymer shot. Higher

concentrations of tungsten were detected in femur, gonad, kidney, and

liver samples from tungsten-iron-dosed ducks. The rate of shot erosion

was 99% for tungsten-polymer, 72% for tungsten-iron, 55% for steel, and

37% for lead. There were no significant differences in percent egg

production, and percent fertility and hatchability of eggs from

tungsten-iron- and tungsten-polymer-dosed ducks when compared to steel-

dosed ducks. There were no biological differences in percent

survivability and body weight of ducklings from tungsten-iron- or

tungsten-polymer-dosed ducks when compared to ducklings from steel-

dosed ducks. The hematocrit of ducklings from tungsten-iron-dosed ducks

was slightly but significantly lower when compared to ducklings from

steel-dosed ducks. Histological examination of duckling kidneys and

liver indicated no abnormalities. Tungsten was detected in 25%, 9%, and

13% of the femur, kidneys, and liver samples, respectively, from

ducklings of the tungsten-iron and tungsten-polymer groups. Overall,

results of this study indicated that tungsten-iron and tungsten-polymer

shot repeatedly administered to adult mallards did not adversely affect

them or the offspring they produced during the 150-day trial.

Nontoxic Shot Approval

The first condition for nontoxic shot approval is toxicity testing.

Based on the results of the toxicological report and the toxicity tests

(Tiers 1, 2, and 3) discussed above, we conclude that tungsten-iron and

tungsten-polymer shot does not pose a significant danger to migratory

birds or other wildlife and their habitats. Based on the results of

toxicological reports and acute toxicity tests (Tier 1 and 2), we

conclude that tungsten-matrix and tin shots do not appear to pose a

significant danger to migratory birds or other wildlife and their

habitats. However, final approval of either shot type will not be

considered until all required reproductive/chronic toxicity tests have

been successfully completed and our Director has reviewed and approved

the results.

[[Page 32755]]

The second condition for approval is testing for residual lead

levels. Any shot with lead levels equal to or exceeding 1 percent will

be considered toxic and, therefore, illegal. We have determined that

the maximum environmentally acceptable level of lead in any nontoxic

shot is trace amounts of <1 percent, and incorporated this requirement

in the nontoxic shot approval process that was published on December 1,

1997 (62 FR 63608). Federal has documented that tungsten-iron and

tungsten-polymer shots meet this requirement. Kent and ITRI have

documented that tungsten-matrix and tin shot, respectively, meet this

requirement.

The third condition for approval involves enforcement. In the

August 18, 1995, Federal Register (60 FR 43314), we indicated that

approval of any nontoxic shot would be contingent upon the development

and availability of a noninvasive field testing device. This

requirement was incorporated in the nontoxic shot approval process that

was published on December 1, 1997 (62 FR 63608). Tungsten-iron

shotshells can be drawn to a magnet as a simple field detection method.

Electronic field testing devices can distinguish shells containing

tungsten-polymer and tungsten-matrix from shells containing lead. At

the present time, we are not aware of any noninvasive field testing

devices for distinguishing shells containing tin shot from those

containing lead. We will not consider final approval of tin shot until

such a device, or other noninvasive field testing method, has been

developed for identifying tin shot.

This proposed rule would amend 50 CFR 20.21(j) by approving

tungsten-iron and tungsten-polymer shots as nontoxic for migratory bird

hunting. It is based on the toxicological reports, acute toxicity

studies, and reproductive/chronic toxicity studies submitted by

Federal. Results of these studies indicate the absence of any

deleterious effects of tungsten-iron or tungsten-polymer shot when

ingested by captive-reared mallards or to the ecosystem. We also

propose to grant temporary approval to tungsten-matrix and tin shots

for the 1999-2000 hunting season only. Temporary approval would be

based on the toxicological reports and acute toxicity studies submitted

by Kent and ITRI. We have reduced the public comment period from 60

days to 30 days in order to complete the rulemaking process prior to

the start of the hunting season. This will facilitate planning efforts

by vendors and State wildlife agencies.

References

Barr Engineering Company. 1996. Toxicology Report on New Shot.

Bursian, S.J., M.E. Kelly, R.J. Aulerich, D.C. Powell, and S.

Fitzgerald. 1996a. Thirty-day dosing test to assess the toxicity of

tungsten-iron shot in game-farm mallards. Report to Federal

Cartridge Co. 77 pp.

Bursian, S.J., M.E. Kelly, R.J. Aulerich, D.C. Powell, and S.

Fitzgerald. 1996b. Thirty-day dosing test to assess the toxicity of

tungsten-polymer shot in game-farm mallards. Report to Federal

Cartridge Co. 71 pp.

Bursian, S.J., R.M. Mitchell, R.J. Tempelman, R.J. Aulerich, and

S.D. Fitzgerald. 1999. Chronic dosing study to assess the health and

reproductive effects of tungsten-iron and tungsten-polymer shot on

game-farm mallards. Report to Federal Cartridge Co. 115 pp.

Cooney, J.J. 1988. Microbial transformations of tin and tin

compounds. J. Industr. Microbiol. 3:195-204.

Eisler, R. 1989. Tin hazards to fish, wildlife, and invertebrates: a

synoptic review. Biological Rep. 85 (1.15). Contaminant Hazard

Reviews Report No. 15. Fish and Wildlife Service, U.S. Dept.

Interior. Washington, D.C. 85 pp.

Gigiema I. Sanitariya. 1977. Mezhdunarodnaya Kniga. Moscow, USSR.

42(8):30.

Gigiema I. Sanitariya. 1983. Mezhdunarodnaya Kniga. Moscow, USSR.

48(7):71.

Grandy, J.W., L.N. Locke, and G.E. Bagley. 1968. Relative toxicity

of lead and five proposed substitute shot types to pen-reared

mallards. J. Wildl. Manage. 32(3):483-488.

Hoiland, K. 1995. Reaction of some decomposer basidiomycetes to

toxic elements. Nordic J. Bot. 15:305-318.

Huntingdon Research Centre Ltd. 1987. The effects of dosing mallard

ducks with Safe Shot. Huntingdon, Cambridge, U.K. Report dated Dec.

19, 1987. 15pp.

Industrial Medicine. 1946. 15:482.

Interagency Ecosystem Management Task Force. 1995. The Ecosystem

Approach: Healthy Ecosystems and Sustainable Economics. Volume II--

Implementation Issues.

Kabata-Pendias, A. and H. Pendias. 1984. Trace elements in soil and

plants. CRC Press, Inc. Boca Raton, FL.

Karantassis, T. 1924. On the toxicity of compounds of tungsten and

molybdenum. Ann. Med. 28:1541-1543.

Kraabel, F.W., M.W. Miller, D.M. Getzy, and J.K. Ringleman. 1996.

Effects of embedded tungsten-bismuth-tin shot and steel shot on

mallards. J. Wildl. Dis. 38(1):1-8.

Lide, D.R. 1990. CRC--Handbook of Chemistry and Physics. 71st

Edition, 1990-1991. CRC Press, Boca Raton, Florida.

Montgomery, R.R. 1982. Polymers. In Patty's Industrial Hygiene and

Toxicology, Vol. IIIA (G.D. Clayton and F.E. Clayton, Eds.) pp.

4209-4526. John Wiley and Sons, NY.

Nell, J.A., E.F. Annison, and D. Balnave. 1981. The influence of

tungsten on the molybdenum status of poultry. Br. Poult. Sci.

21:193-202

Pain, D.J. 1990. Lead shot ingestion by waterbirds in the Carmarque,

France: an investigation of levels and interspecific difference.

Environ. Pollut. 66:273-285.

Patty's Industrial Hygiene and Toxicology. 1982. Wiley Interscience.

Wiley & Sons, Inc. NY, NY. Third Ed.

Peterson, J.E. 1977. Industrial Health. Prentice-Hall, Englewood

Cliffs, NJ.

Ringelman, J.K., M.W. Miller, and W.F. Andelt. 1992. Effects of

ingested tungsten-bismuth-tin shot on mallards. CO Div. Wildl., Fort

Collins, 24 pp.

Ringelman, J.K., M.W. Miller, and W.F. Andelt. 1993. Effects of

ingested tungsten-bismuth-tin shot on captive mallards. J. Wildl.

Manage. 57:725-732.

Sanderson, G.C., W.L. Anderson, G.L. Foley, L.M. Skowron, J.D.

Brawn, and J.W. Seets. 1997a. Acute toxicity of ingested bismuth

alloy shot in game farm mallards. Illinois Nat. History Survey Bull.

35:185-216.

Sanderson, G.C., W.L. Anderson, G.L. Foley, K.L. Duncan, L.M.

Skowron, J.D. Brawn, and J.W. Seets. 1997b. Toxicity of ingested

bismuth alloy shot in game farm mallards: chronic health effects and

effects on reproduction. Illinois Nat. History Survey Bull. 35:217-

252.

Thomas, V.G. 1997a. Application for approval of tungsten-matrix shot

as non-toxic for the hunting of migratory birds. 39 pp.

Thomas, V.G. 1997b. Application for approval of tin shot as non-

toxic for the hunting of migratory birds. 26 pp.

Wildlife International, Ltd. 1998a. Tungsten-matrix shot: An oral

toxicity study with the mallard. Project No. 475-101. 162 pp.

Wildlife International, Ltd. 1998b. Tin shot: An oral toxicity study

with the mallard. Project No. 476-101. 158 pp.

NEPA Consideration

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

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

Council on Environmental Quality's regulation for implementing NEPA (40

CFR 1500-1508), we prepared draft Environmental Assessments (EA) in

May, 1999. The EAs are available to the public at the location

indicated under the ADDRESSES caption.

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 Federal agencies 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 * * *'' We are completing a Section 7

consultation under the ESA for this proposed rule. The result of our

consultation under Section 7 of the ESA will be available to the public

at the location indicated under the ADDRESSES caption.

[[Page 32756]]

Regulatory Flexibility 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. This rule would approve additional types of nontoxic

shot that may be sold and used to hunt migratory birds; this rule would

provide 4 types of shot in addition to the existing 2 that are

approved. We have determined, however, that 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. We anticipate 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.

Executive Order 12866

This rule is not subject to Office of Management and Budget (OMB)

review under Executive Order 12866. E.O. 12866 requires each agency to

write regulations that are easy to understand. We invite comments on

how to make this rule easier to understand, including answers to

questions such as the following: (1) Are the requirements in the rule

clearly stated? (2) Does the rule contain technical language or jargon

that interferes with its clarity? (3) Does the format of the rule

(grouping and order of sections, use of headings, paragraphing, etc.)

aid or reduce its clarity? (4) Would the rule be easier to understand

if it were divided into more (but shorter) sections? (5) Is the

description of the rule in the ``Supplementary Information'' section of

the preamble helpful in understanding the rule? What else could we do

to make the rule easier to understand? Section 20.21 may be written in

plain language format in the final rule.

Paperwork Reduction Act

An agency may not conduct or sponsor, and a person is not required

to respond to, a collection of information unless it displays a

currently valid OMB control number. We have examined this regulation

under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501) and found it

to contain no information collection requirements. However, we do have

OMB approval (1018-0067; expires 06/30/2000) for information collection

relating to what manufacturers of shot are required to provide to us

for the nontoxic shot approval process. For further information see 50

CFR 20.134.

Unfunded Mandates Reform

We have determined and certify 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

We, in promulgating this rule, have determined that these

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

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

Takings Implication Assessment

In accordance with Executive Order 12630, these rules, authorized

by the Migratory Bird Treaty Act, do not have significant takings

implications and do not affect any constitutionally protected property

rights. These rules will not result in the physical occupancy of

property, the physical invasion of property, or the regulatory taking

of any property. In fact, these rules allow hunters to exercise

privileges that would be otherwise unavailable; and, therefore, reduce

restrictions on the use of private and public property.

Federalism Effects

Due to the migratory nature of certain species of birds, the

Federal government has been given responsibility over these species by

the Migratory Bird Treaty Act. These rules do not have a substantial

direct effect on fiscal capacity, change the roles or responsibilities

of Federal or State governments, or intrude on State policy or

administration. Therefore, in accordance with Executive Order 12612,

these regulations do not have significant federalism effects and do not

have sufficient federalism implications to warrant the preparation of a

Federalism Assessment.

Government-to-Government Relationship With Tribes

In accordance with the President's memorandum of April 29, 1994,

``Government-to-Government Relations with Native American tribal

Governments'' (59 FR 22951) and 512 DM 2, we have evaluated possible

effects on Federally recognized Indian tribes and have determined that

there are no effects.

Authorship

The primary author of this proposed rule is James R. Kelley, Jr.,

Office of Migratory Bird Management.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting and recordkeeping

requirements, Transportation, Wildlife.

Accordingly, we propose to amend part 20, subchapter B, chapter 1

of Title 50 of the Code of Federal Regulations 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 the section title, revising

paragraph (j) introductory text, revising paragraphs (j)(2) and (j)(3),

and removing paragraph (j)(4) to read as follows:

20.21 What hunting methods are illegal?

* * * * *

(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 (55 parts tungsten: 45 parts iron with <1 percent residual lead)

shot, or tungsten-polymer (95.5 parts tungsten: 4.5 parts Nylon 6 or 11

with <1 percent residual lead) shot, or tungsten-matrix (95.9 parts

tungsten: 4.1 parts polymer with <1 percent residual lead) shot, or tin

(99.9 percent tin with <1 percent residual lead) shot, or such shot

approved as nontoxic by the Director pursuant to procedures set forth

in Sec. 20.134, provided that:

(1) * * *

(2) Tungsten-matrix shot (95.9 parts tungsten: 4.1 parts polymer

with <1 percent residual lead) is legal as nontoxic shot for waterfowl

and coot hunting for the 1999-2000 hunting season only, and

(3) Tin shot (99.9 percent tin with <1 percent residual lead) is

legal as nontoxic shot for waterfowl and coot hunting for the 1999-2000

hunting season only.

Dated: June 8, 1999.

Stephen C. Saunders,

Acting Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 99-15339 Filed 6-16-99; 8:45 am]

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