Migratory Bird Hunting; Proposal for Approval of Bismuth-Tin Shot as a Nontoxic

Proposed Rules

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AD41

Migratory Bird Hunting; Proposal for Approval of Bismuth-Tin Shot

as a Nontoxic

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

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

Section 20.21(j) by approving bismuth-tin shot as nontoxic for hunting

waterfowl and coots. Acute, chronic, and reproductive toxicity studies,

undertaken for the Bismuth Cartridge Company, indicate that bismuth-tin

shot is nontoxic when ingested by waterfowl (captive-reared mallards).

DATES: Comments on this proposal must be received by August 15, 1996.

ADDRESSES: Written comments should be sent to: Chief, Office of

Migratory Bird Management, U.S. Fish and Wildlife Service, Department

of the Interior, ms 634--ARLSQ, 1849 C Street NW., Washington, D.C.

20240

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

Perry, Wildlife Biologist, Office of Migratory Bird Management (MBMO),

U.S. Fish and Wildlife Service, (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, only steel

shot is approved by the Service as nontoxic. The Service believes

approval for other suitable candidate shot materials as nontoxic is

feasible. The Service is eager to consider these other materials for

approval as nontoxic shot.

The requirement to use nontoxic shot for hunting waterfowl and

coots created resistance among some hunters with only steel shot

available. With the resistance came an unknown level of noncompliance.

Although compliance with the use of nontoxic shot has increased over

the last few years, the Service believes that this level of compliance

will escalate with the availability and approval of other nontoxic shot

types

nontoxic shot for hunting waterfowl and

coots created resistance among some hunters with only steel shot

available. With the resistance came an unknown level of noncompliance.

Although compliance with the use of nontoxic shot has increased over

the last few years, the Service believes that this level of compliance

will escalate with the availability and approval of other nontoxic shot

types.

On October 21, 1993, the Bismuth Cartridge Company petitioned the

Service to approve bismuth-tin shot for hunting waterfowl and coots. At

that time the company had not undertaken the studies necessary to

demonstrate that bismuth-tin shot is nontoxic to waterfowl and the

Service did not approve their petition. On June 24, 1994, the Bismuth

Cartridge Company petitioned the Service to modify provisions of 50 CFR

20.21(j), to legalize the use of bismuth-tin shot on an interim,

conditional basis for the 1994-95 and 1995-96 hunting seasons while

conducting toxicity tests. The petitioner's supporting rationale was:

1) bismuth is nontoxic; 2) the rule is conditional; and 3) the evidence

presented in the record, i.e., the application from the Bismuth

Cartridge Company. The petition acknowledged responsibility of the

Bismuth Cartridge Company to complete all the nontoxic shot approval

tests outlined in 50 CFR 20.134. Final regulations published in the

Federal Register (January 3, 1995, [60 FR 61] and August 18, 1995 [60

FR 43314]) provided for conditional approval of bismuth-tin shot

(nominally, 97 parts bismuth and 3 parts tin) as nontoxic for hunting

waterfowl and coots during the 1994-95 and 1995-96 seasons,

respectively. Final regulations published elsewhere in today's Federal

Register extends this temporary approval for the 1996-97 season. A

complete review of the bismuth-tin shot application and review process

is in the January 3, 1995, Federal Register.

Aside from recently completed toxicity studies there are several

other works that support the Service's decision. Sanderson et al.

seasons,

respectively. Final regulations published elsewhere in today's Federal

Register extends this temporary approval for the 1996-97 season. A

complete review of the bismuth-tin shot application and review process

is in the January 3, 1995, Federal Register.

Aside from recently completed toxicity studies there are several

other works that support the Service's decision. Sanderson et al.

(1994), Ringelman et al. (1992), and Sanderson et al. (1992) saw no

adverse effects when bismuth alloy shot was ingested by captive-reared

mallards. In Grandy et al. (1968), there were no deaths associated with

mallards dosed with tin shot.

The Service saw completion of several conditions prior to this

proposal to approve bismuth-tin shot as nontoxic. First, a series of

toxicity tests demonstrating that bismuth-tin was nontoxic to waterfowl

is necessary. The Service reviewed and approved the employed testing

protocol with technical assistance provided by the National Biological

Service (NBS).

The short-term (30 day) acute toxicity test entails dosing ducks

with shot and feeding them commercially available duck food.

Researchers record survival, body weight, blood hematocrit, and organ

analysis. Survival to 30 days post dosing, hematocrit values, body

weight, mean weight of kidney, liver, gonad, and gizzard were similar

in game-farm mallards dosed with either six No. 4 bismuth-tin shot, six

No. 4 steel shot, or a placebo (control)(Sanderson et al. 1995).

The 14-week chronic toxicity test entails dosing ducks with either

lead shot, steel shot, bismuth-tin shot, or a placebo (control group),

during cold weather using a nutritionally deficient diet. Researchers

record the results of the survival, body weight, retention and

dissolution of shot, blood and tissue analysis, and histopathology.

Sixty-five male and sixty-five female mallards underwent doses of

either No. 4 lead, or steel or bismuth-tin shot, or a placebo (control

group) on Days 0, 30, 60, and 90

lacebo (control group),

during cold weather using a nutritionally deficient diet. Researchers

record the results of the survival, body weight, retention and

dissolution of shot, blood and tissue analysis, and histopathology.

Sixty-five male and sixty-five female mallards underwent doses of

either No. 4 lead, or steel or bismuth-tin shot, or a placebo (control

group) on Days 0, 30, 60, and 90. All lead-dosed ducks died within 14

days of initial dosing. All steel- and placebo-dosed ducks survived

until sacrificing. All bismuth-tin dosed ducks survived until

sacrificing except one female who died of undetermined causes 131 days

post dosing after laying 16 eggs. In general, the chronic test

documents the absence of any deleterious effects of these bismuth-tin

doses on captive-reared mallards (Sanderson et al. 1996).

The reproductive toxicity test is a chronic dosage study which

includes assessment of reproduction, fertility rates, and egg

hatchability. For eggs, researchers record weight, shell thickness, and

content analysis, and for ducklings record body weight, sex ratios,

blood and organ analysis. This test runs concurrently with the chronic

study. Results confirmed no significant differences in the time

required for either control, steel, or bismuth-tin-dosed ducks to lay

21 eggs, and no differences in the dates when the three dosed groups

began to lay. Similarly, no significant differences among doses in the

fertility rates, hatchability rates, or chemical content of the eggs

arose. In ducklings, no significant differences among doses in the mean

body weight (by day 7), sex ratios, hematocrit, mean weights of kidney

and liver, mean amounts of elements in organs, or in the histopathology

results arose(Sanderson et al. 1996).

As a result of these toxicity tests, the Service concludes that

bismuth-tin shot composed of 97 parts bismuth and 3 parts tin with <1

percent residual lead does not impose significant danger to migratory

birds and other wildlife and their habitats

, hematocrit, mean weights of kidney

and liver, mean amounts of elements in organs, or in the histopathology

results arose(Sanderson et al. 1996).

As a result of these toxicity tests, the Service concludes that

bismuth-tin shot composed of 97 parts bismuth and 3 parts tin with <1

percent residual lead does not impose significant danger to migratory

birds and other wildlife and their habitats.

The second condition of approval was residual lead levels. The

Service considers any bismuth-tin shot manufactured with lead levels

equal to or exceeding 1 percent to be toxic and therefore, illegal.

Bismuth may occur as a by-product of iron, copper, and tin smelting and

often contains lead. In the August 18, 1995, Federal Register, the

Service indicated that it would establish a maximum level for residual

lead. The Service, in consultation with the NBS,

determined the maximum environmentally acceptable level of lead in

bismuth-tin shot is trace amounts or <1 percent and is incorporating

that requirement into the final rule.

Finally, enforcement is an important component in the approval of

any alternative shot material. In the August 18, 1995, Federal

Register, the Service indicates that final unconditional approval would

be contingent upon the development and availability of a noninvasive

field testing device. Several noninvasive field testing devices are

available. Service Law Enforcement personnel assessed these devices

determining them to be accurate and useful.

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

bismuth-tin shot for use in hunting waterfowl and coots. It is based on

the original request made to the Service by the Bismuth Cartridge

Company on October 21, 1993. Results of the acute, chronic, and

reproductive toxicity tests undertaken for the Bismuth Cartridge

Company document the apparent absence of any deleterious effects of

bismuth-tin shot when ingested by captive-reared mallards.

References

n shot for use in hunting waterfowl and coots. It is based on

the original request made to the Service by the Bismuth Cartridge

Company on October 21, 1993. Results of the acute, chronic, and

reproductive toxicity tests undertaken for the Bismuth Cartridge

Company document the apparent absence of any deleterious effects of

bismuth-tin shot when ingested by captive-reared mallards.

References

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.

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.

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

Seets. 1994. Toxicity and reproductive effects of ingested bismuth

alloy shot and effects of embedded bismuth alloy, lead, and iron shot

on game-farm mallards. Final Report. Ill. Nat. Hist Survey. Champaign,

IL. 64pp.

Sanderson, G.C., S.G. Wood, G.L. Foley and J.D. Brawn. 1992.

Toxicity of bismuth shot compared with lead and steel shot in game-farm

mallards. Trans. 57th N.A. Wildl. Nat. Res. Conf., 57:526-540.

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

Brawn and J.W. Seets. 1995. Toxicity of ingested bismuth alloy shot on

game-farm mallards (Revised Final Report). Report to Peterson

Publishing Company by the Univ. of Illinois, Ill. Nat. Hist. Survey.

Champaign, IL. 69pp.

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

Skowron, J.D. Brawn and J.W. Seets. 1996. Toxicity and reproductive

test including chronic health effects of ingested bismuth alloy shot on

game-farm mallards (Revised Final Report). Report to Peterson

Publishing Company by the Univ. Illinois, Ill. Nat. Hist. Survey.

Champaign, IL. 113pp.

Comment Procedure

e caption ADDRESSES. After review and

evaluation of the information in the Environmental Assessment, the

Service determined that the proposed action to amend 50 CFR 20.21(j) to

allow use of bismuth-tin shot as nontoxic for hunting waterfowl and

coots 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 ...'' The Service completed a Section 7

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

Service's consultation under Section 7 of the ESA are public documents

and are available for public inspection in the Division of Endangered

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

Wildlife Service, Arlington Square, 4401 N. Fairfax Drive, Arlington,

Virginia.

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 Service determined, however, that this proposed 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

ses, organizations or governmental

jurisdictions. The Service determined, however, that this proposed 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

The Service has determined and certifies in compliance with the

requirements of 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 proposed rule, has determined

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 proposed rule is Cynthia M. Perry,

Office of Migratory Bird Management.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting and record keeping

requirements, Transportation, Wildlife.

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

Code of Federal Regulations is proposed to be amended as follows:

PART 20--[AMENDED]

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

Authority: 16 U.S.C. 703-711; 16 U.S.C. 712 and 16 U.S.C. 742 a-

j.

2. Section 20.21 is amended by revising the introductory text of

paragraph (j) and paragraph (j)(2) to read as follows:

Sec. 20.21 Hunting methods.

* * * * *

e 50 of the

Code of Federal Regulations is proposed to be amended as follows:

PART 20--[AMENDED]

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

Authority: 16 U.S.C. 703-711; 16 U.S.C. 712 and 16 U.S.C. 742 a-

j.

2. Section 20.21 is amended by revising the introductory text of

paragraph (j) and 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, bismuth-tin (97 parts

bismuth: 3 parts 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:

* * * * *

(2) Bismuth-tin shot (97 parts bismuth: 3 parts tin with <1 percent

residual lead) is legal as nontoxic shot.

Dated: August 1, 1996

George T. Frampton, Jr.,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 96-20726 Filed 8-14-96; 8:45 am]

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