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

Proposed Rules

DEPARTMENT OF INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AE09

Migratory Bird Hunting; Temporary Approval of Tungsten-Iron Shot

as Nontoxic for the 1997-98 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule and notice of availability.

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

temporarily approve tungsten-iron shot as nontoxic for the 1997-98

migratory bird hunting season. The toxicological report which is an

extensive literature search and analysis of tungsten and tungsten-iron,

suggests that these compounds are nontoxic under assumed use and in the

environment. Analysis of the toxicity study reveal no adverse effects

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

shot.

DATES: Comments on the proposed rule or draft Environmental Assessment

(EA) (see caption NEPA Consideration) must be received no later than

April 1, 1997.

ADDRESSES: Copies of the EA are available by writing to the Chief,

Office of Migratory Bird Management (MBMO), U.S. Fish and Wildlife

Service, 1849 C Street, NW., room 634--ARLSQ, Washington, DC 20240.

Comments may also be forwarded to this same address. 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: Paul R. Schmidt, Chief, or Cyndi

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

1849 C Street, NW., room 634--ARLSQ, Washington, DC 20240.

Comments may also be forwarded to this same address. 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: Paul R. Schmidt, Chief, or Cyndi

Perry, 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, only steel

shot is approved by the Service as nontoxic. Bismuth-tin which was

given temporary approval for hunting seasons 1993-94, 1994-95, and

1995-96, may be approved in early 1997. 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 together 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 shot will contain nominally

55 percent tungsten and 45 percent iron, by weight. The pellet will

have sufficient iron to attract a magnet.

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

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

to assess the toxicity of this shot in game-farm mallards

ximately 10.3 gm/cc

or 94 percent of the density of lead. The shot will contain nominally

55 percent tungsten and 45 percent iron, by weight. The pellet will

have sufficient iron to attract a magnet.

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

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

to assess the toxicity of this shot in game-farm mallards. 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. This meets the requirements of Test 1,

50 CFR Sec. 20.134(c)(2).

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 known 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 suggest uptake of tungsten in the anionic form

associated with tungsten minerals rather than elemental tungsten

(Kabata-Peddias 1984)

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 suggest uptake of tungsten in the anionic form

associated with tungsten minerals rather than elemental tungsten

(Kabata-Peddias 1984).

Environmental Concentration: Calculation of the environmental

concentration (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 for a shot composition

of 62.9% tungsten-iron alloy, 11.87% tungsten, and 25.31% iron. Adverse

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

the Hazard Quotients (HQs).

Environmental Concentration: Calculation of the 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 for a shot composition of 62.9% tungsten-iron alloy,

11.87% tungsten, and 25.31% 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. In

Ringelman et al.(1993) effects of ingested tungsten-bismuth-tin shot on

captive mallards saw no acute toxicity. Orally dosing twenty eight-week

old game farm mallards with 12 to 17 pellets (1.03g) TBT and monitoring

for 32 days for evidence of intoxication saw no effect. 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 conclusion is that TBT shot presents

virtually no potential for acute intoxication in mallards.

A study by Kraabel et al

ion saw no effect. 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 conclusion is that TBT shot presents

virtually no potential for acute intoxication in mallards.

A study by Kraabel et al. (1996) assess 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 activity of xanthine

dehydrogenase was zero.

In Federal's 30-day dosing study eight male and 8 female adult

mallards given 8 #4 steel shot, 8 #4 lead shot or 8 BB's

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 activity of xanthine

dehydrogenase was zero.

In Federal's 30-day dosing study eight male and 8 female adult

mallards given 8 #4 steel shot, 8 #4 lead shot or 8 BB's

of tungsten-iron were 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.

In general, 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-dose birds (5 males and 3 females) died during the

30-day test while there were no mortalities in the other groups. Lead-

dose birds were the only ones to display green excreta, lethargy, and

ataxia. Alteration of body weights is not significant in any of the

treatments, although lead-dose birds which died during the trial lost

an average of 30% 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

during the trial lost

an average of 30% 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 at this time that the available information indicates

that tungsten-iron shot, nominally 40-55 percent tungsten and 60-45

percent iron, by weight with <1 percent residual lead, does not impose

significant danger to migratory birds and other wildlife and their

habitats.

The first condition of approval is the concurrent running of an

adverse condition reproductive/chronic toxicity test on game farm

mallards as outlined in 50 CFR 20.134 (c)(2) (Tests 2 and 3) and in

consultation with the Service's Office of Migratory Bird Management and

the U.S. Geological Survey's (USGS) Division of Biological Resources

(BRD). This study includes assessment of reproduction, fertility rates,

and egg hatchability (egg weight, shell thickness, and content

analysis). The test requires the applicant to demonstrate that

tungsten-iron shot is nontoxic to waterfowl and their offspring.

The second condition of approval is testing for residual lead

levels. The Service will consider any tungsten-iron shot manufactured

with lead levels equal to or exceeding 1 percent toxic and, therefore,

illegal. In August 18, 1995, Federal Register (60 FR 43314), the

Service indicated it would establish a maximum level for residual lead.

The Service, in consultation with the USGS--BRD, determined the maximum

environmentally acceptable level of lead in any nontoxic shot is trace

amounts or <1 percent and will incorporate this requirement into any

final rule that may be promulgated (61 FR 42492).

The third condition of approval involves enforcement

4), the

Service indicated it would establish a maximum level for residual lead.

The Service, in consultation with the USGS--BRD, determined the maximum

environmentally acceptable level of lead in any nontoxic shot is trace

amounts or <1 percent and will incorporate this requirement into any

final rule that may be promulgated (61 FR 42492).

The third condition of approval involves enforcement. In the August

18, 1995, Federal Register (60 FR 43314), the Service indicated that

final unconditional approval of any nontoxic shot would be contingent

upon the development and availability of a noninvasive field testing

device. Several noninvasive field testing devices are under development

to separate tungsten-iron shot from lead shot. Furthermore, tungsten-

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

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

approving tungsten-iron shot as nontoxic for the 1997-98 migratory bird

hunting season. It is based on the original request made to the Service

by Federal Cartridge Company on August 20, 1996, the toxicological

report, and acute toxicity study. Results of the toxicological report

and 30-day toxicity test undertaken for Federal Cartridge Company

document the apparent absence of any deleterious effects of tungsten-

iron shot when ingested by captive-reared mallards or to the ecosystem.

References

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

Report 2302118/40970-1/CET. 21 pp.

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

Fitzgerald. 1996. Thirty-Day Dosing Test to Assess the Toxicity of

Tungsten-Iron Shot in Game-Farm Mallards. 1996. Report to Federal

Cartridge Co. 77 pp.

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

48(7):77.

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.

Interagency Ecosystem Management Task Force. 1995

ion

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), the Service prepared a draft Environmental Assessment

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

location indicated under the ADDRESSES caption. Based on review and

evaluation of the information in the EA, the Service will determine

whether amending 50 CFR 20.21(j) to provide temporary approval of

tungsten-iron shot as nontoxic for the 1997-98 migratory bird hunting

season would 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 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 ...'' The Service has initiated a Section 7

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

Service's consultation under Section 7 of the ESA will be available to

the public at the location indicated under the ADDRESSES caption.

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

tation under Section 7 of the ESA will be available to

the public at the location indicated under the ADDRESSES caption.

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 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 proposed rule is Cynthia

M. Perry, 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 proposed to be amended as follows:

PART 20--[AMENDED]

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

Perry, 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 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 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.

Dated: January 24, 1997.

George T. Frampton,

Assistant Secretary for Fish and Wildlife and Parks.

[FR Doc. 97-2400 Filed 1-30-97; 8:45 am]

BILLING CODE 4310-55-F