# 63 FR 40074: Migratory Bird Hunting; Temporary Approval of Tungsten-Polymer Shot as Nontoxic for the 1998-99 Season

> Federal · Regulations · In force

URL: https://www.frixlaw.com/law-library/statutes/FR_PRORULE_98-19890

## Section

- **Citation:** 63 FR 40074
- **Heading:** Migratory Bird Hunting; Temporary Approval of Tungsten-Polymer Shot as Nontoxic for the 1998-99 Season
- **Jurisdiction:** Federal
- **Kind:** Regulations
- **Status:** In force
- **Text as of:** August 14, 2026
- **Source:** Compiled text
- **Location:** Federal Register / Vol. 63 / 63 FR 40074

## Text

DEPARTMENT OF INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018-AE66

Migratory Bird Hunting; Temporary Approval of Tungsten-Polymer
Shot as Nontoxic for the 1998-99 Season

AGENCY: Fish and Wildlife Service, Interior.

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: The U.S. Fish and Wildlife Service (Service) proposes to amend
Section 20.21(j) and provide temporary approval of tungsten-polymer
shot as nontoxic for the 1998-99 migratory bird hunting season, except
in the Yukon-Kuskokwim (Y-K) Delta, Alaska. A toxicological report
includes an extensive literature review, and analysis of tungsten and
Nylon 6 (the polymer) suggests that these compounds are nontoxic under
assumed use and in the environment. The toxicity study reveals no
adverse effects over a 30-day period on mallards (Anas platyrhynchus)
dosed with 8 BB-size tungsten-polymer shot. However, there is some
concern that the absorption of tungsten into the femur, kidney, and
liver could potentially affect the spectacled eider (Somateria
fischeri), a species already subject to adverse weather, predation, and
lead poisoning on the Yukon-Kuskokwim (Y-K) Delta, Alaska. Until a
reproductive/chronic toxicity test has been completed and the Service
has reviewed the results, the Service proposes not to approve the use
of tungsten-polymer shot on the Y-K Delta.

DATES: Comments on the proposed rule must be received no later than
August 26, 1998.

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: Paul R. Schmidt, Chief, Office of
Migratory Bird Management, (703) 358-1714.
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: Paul R. Schmidt, Chief, Office of
Migratory Bird Management, (703) 358-1714.

SUPPLEMENTARY INFORMATION: Since the mid-1970s, the Service has 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 by the Service as nontoxic. The Service
previously granted temporary approval

for bismuth-tin on two separate actions for the hunting seasons of
1994-95 and 1995-96. Tungsten-iron shot was given temporary approval
for the 1997-98 migratory bird hunting season. The Service believes
that approval of other suitable candidate shot materials as nontoxic is
feasible. Compliance with the use of nontoxic shot has increased over
the last few years. The Service believes that compliance will continue
to increase with the approval and availability of other nontoxic shot
types.
Federal Cartridge Company's (Anoka, Minnesota) candidate 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, plus sufficient iron to attract a magnet.
Federal's application includes a description of the new tungsten-
polymer (TP) shot, a toxicological report (Barr, 1996), and the results
of a 30-day dosing study of the toxicity of this shot in game-farm
mallards (Anas platyrhynchos)
he density of lead. The shot
will contain approximately 95.5 percent tungsten and 4.5 percent Nylon
6 or 11 by weight, plus sufficient iron to attract a magnet.
Federal's application includes a description of the new tungsten-
polymer (TP) shot, a toxicological report (Barr, 1996), and the results
of a 30-day dosing study of the toxicity of this shot in game-farm
mallards (Anas platyrhynchos). The toxicological report 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). The toxicity
study is a 30-day dosing test to determine if the candidate shot poses
any deleterious effects to game-farm mallards. This will meet the
requirements for Tier 2 consideration, as described in 50 CFR
20.134(b)(3).

Toxicity Information

There is considerable difference in the toxicity of soluble and
insoluble compounds of tungsten. Elemental tungsten is virtually
insoluble and is, therefore, expected to be relatively nontoxic. 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, 1981). Even though most toxicity tests
reviewed were based on soluble tungsten compounds rather than elemental
tungsten (while the toxicity of Nylon 6 is negligible due to its
insolubility), there appears to be no basis for concern of toxicity to
wildlife for the TP shot (metallic tungsten and Nylon 6) via ingestion
by fish, birds, or mammals (Bursian et al., 1996; Gigiena, 1983; Patty,
1981; Industrial Medicine, 1946; Karantassis, 1924).

Environmental Fate and Transport
mpounds rather than elemental
tungsten (while the toxicity of Nylon 6 is negligible due to its
insolubility), there appears to be no basis for concern of toxicity to
wildlife for the TP shot (metallic tungsten and Nylon 6) 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 in acids and does not
easily complex. Preferential uptake by plants in acid soil suggests
that uptake of tungsten in the anionic form is associated with tungsten
minerals rather than elemental tungsten (Kabata-Pendias and Pendias,
1984).

Environmental Concentrations

Calculation of the estimated environmental concentration (EEC) of
tungsten in a terrestrial ecosystem is based on 69,000 shot per hectare
(Pain, 1990), assuming complete erosion of material in 5 cm of soil.
The EECs for tungsten and Nylon 6 in soil are 58.3 mg/kg and 2.7 mg/kg,
respectively. Calculation of the EEC in an aquatic ecosystem assumes
complete erosion of the shot in one cubic foot of water. The EECs in
water for tungsten and Nylon 6 are 18.7 mg/L and 0.9 mg/L,
respectively. The Hazard Quotients assume that complete erosion of the
shot components would occur; however, the TP shot is considered
insoluble and is stable in basic, neutral, and mildly acidic
environments. Therefore, erosion is expected to be minimal, and adverse
effects on biota are not expected to occur.

Effects on Birds

An extensive literature review provided information on the toxicity
of elemental tungsten to waterfowl and other birds. Ringelman et al.
ot components would occur; however, the TP shot is considered
insoluble and is stable in basic, neutral, and mildly acidic
environments. Therefore, erosion is expected to be minimal, and adverse
effects on biota are not expected to occur.

Effects on Birds

An extensive literature review provided information on the toxicity
of elemental tungsten to waterfowl and other birds. Ringelman et al.
(1993) orally dosed 20 8-week-old game-farm mallards with 12-17 (1.03g)
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 examination, 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 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
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.
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 relate 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.
Federal's 30-day dosing study (Bursian et al., 1996) included four
treatment groups of game-farm mallards (16 birds in each group, 8 males
and 8 females) exposed to different types of shot: 8 No. 4 steel, 8 No.
4 lead, 8 BBs of tungsten-polymer, and none (control). All TP-dosed
birds survived the test with no significant alteration in body weight.
There were no changes in hematocrit, hemoglobin concentration, or ALAD
activity. The only significant difference between no-shot, steel, and
TP males in any of the 25 plasma chemistry parameters at day 15 was an
increase in the albumin/globulin ratio in the TP birds when compared to
the other two groups, but the authors felt this was not remarkable.
Three TP-dosed males developed mild biliary stasis
ere no changes in hematocrit, hemoglobin concentration, or ALAD
activity. The only significant difference between no-shot, steel, and
TP males in any of the 25 plasma chemistry parameters at day 15 was an
increase in the albumin/globulin ratio in the TP birds when compared to
the other two groups, but the authors felt this was not remarkable.
Three TP-dosed males developed mild biliary stasis. The authors
attributed this to the intubating of mallards with 8 BBs of TP shot
inducing a pathological condition, however, slight, that is not found
in the control birds. No other histopathological lesions were found. In
general, no adverse effects were seen in mallards

given 8 BB-size TP shot and monitored over a 30-day period. Tungsten
was detected in the femur of 2 TP-dosed females and the kidneys of 2
TP-dosed birds; in both tissues, concentrations were only slightly
above detection limits.
Based on the results of the toxicological report and the toxicity
test (Tier 1 and 2), the Service concludes that TP shot (95.5 percent
tungsten and 4.5 percent Nylon 6 or 11, by weight with <1 percent
residual lead), does not pose a significant danger to migratory birds
or other wildlife and their habitats. However, the Service has some
concern that the absorption of tungsten into the femur, kidney, and
liver could potentially affect the spectacled eider (Somateria
fischeri), a species already subject to adverse weather, predation, and
lead poisoning on the Yukon-Kuskokwim (Y-K) Delta, Alaska. Until a
reproductive/chronic toxicity test has been completed and the Service
has reviewed the results, TP shot cannot be approved for the Y-K Delta.
The first condition of approval is toxicity testing. Candidate
materials not approved under Tier 1 and/or 2 testing are subjected to
standards of Tier 3 testing. The scope of Tier 3 includes chronic
exposure under adverse environmental conditions and effects on
reproduction in game-farm mallards, as outlined in 50 CFR 20.134
reviewed the results, TP shot cannot be approved for the Y-K Delta.
The first condition of approval is toxicity testing. Candidate
materials not approved under Tier 1 and/or 2 testing are subjected to
standards of Tier 3 testing. The scope of Tier 3 includes chronic
exposure under adverse environmental conditions and effects on
reproduction in game-farm mallards, as outlined in 50 CFR 20.134
(b)(4)(A and B) (Tier 3) and in consultation with the Service's Office
of Migratory Bird Management and the U.S. Geological Survey's Division
of Biological Resources. This study includes assessment of long-term
toxicity under depressed temperature conditions using a nutritionally-
deficient diet, as well as a moderately long-term study that includes
reproductive assessment. The tests require the applicant to demonstrate
that TP shot is nontoxic to waterfowl and their offspring.
The second condition of approval is testing for residual lead
levels. Any TP shot with lead levels equal to or exceeding 1 percent
will be considered toxic and, therefore, illegal. In the August 18,
1995, Federal Register (60 FR 43314), the Service indicated that it
would establish a maximum level for residual lead. The Service has
determined that the maximum environmentally acceptable level of lead in
any nontoxic shot is trace amounts of <1 percent, and has incorporated
this requirement (50 CFR 20.134(b)(5)) in the December 1, 1997, final
rule (62 FR 63608).
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 TP shot from lead shot. Furthermore, TP shot can be drawn
to a magnet as a simple field detection method
8, 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 TP shot from lead shot. Furthermore, TP shot can be drawn
to a magnet as a simple field detection method. This requirement was
incorporated into regulations at 50 CFR 20.134(b)(6) in the December 1,
1997, final rule (62 FR 63608).
This proposed rule would amend 50 CFR 20.21(j) by approving
temporary approval of TP shot as nontoxic for migratory bird hunting,
except in the Yukon-Kuskokwim (Y-K) Delta, Alaska. It is based on the
original request made to the Service by Federal Cartridge Company on
July 16, 1997, 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 TP shot when ingested by captive-reared mallards
or to the ecosystem.
References
Barr Engineering Company. 1996. Toxicology report on new shot.
Contract Report 2302118/40970091/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-polymer shot in game-farm mallards. 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. Journal of Wildlife Management 32(3):483-488.
Industrial Medicine. 1946. Volume 15, p. 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
pen-reared
mallards. Journal of Wildlife Management 32(3):483-488.
Industrial Medicine. 1946. Volume 15, p. 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. 28:1541091543.
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. Journal of Wildlife Diseases 38(1):1098.
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, W. L. Bryden, G. S. Heard, and D. Balnave. 1981.
Reproductive performance of laying hens fed tungsten. Poultry
Science 60(1):257-258.
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. 1981. Wiley Interscience.
Wiley & Sons, Inc. NY, NY. Third Edition.
Peterson, J. E. 1977. Industrial Health. Prentice-Hall, Englewood
Cliffs, NJ.
Ringelman, J. K., M. W. Miller and W. F. Andelt. 1993. Effects of
ingested tungsten-bismuth-tin shot on mallards. Colorado Division of
Wildlife, Fort Collins, 24 pp.

NEPA Consideration
. Pollut. 66:273-285.
Patty's Industrial Hygiene and Toxicology. 1981. Wiley Interscience.
Wiley & Sons, Inc. NY, NY. Third Edition.
Peterson, J. E. 1977. Industrial Health. Prentice-Hall, Englewood
Cliffs, NJ.
Ringelman, J. K., M. W. Miller and W. F. Andelt. 1993. Effects of
ingested tungsten-bismuth-tin shot on mallards. Colorado Division of
Wildlife, Fort Collins, 24 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), the Service prepared an Environmental Assessment (EA)
in May, 1998. 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 has determined that amending
50 CFR 20.21(j) to provide approval of TP shot as nontoxic for
migratory bird hunting 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 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 completed a Section 7
consultation under the ESA for this proposed rule, which stated the
``use of tungsten-polymer shot is not likely to adversely affect listed
species.'' The result of the Service's consultation under Section 7 of
the ESA is available to the public at the location indicated under the
ADDRESSES caption.

Regulatory Flexibility Act, Executive Order 12866, and the
Paperwork Reduction Act
Section 7
consultation under the ESA for this proposed rule, which stated the
``use of tungsten-polymer shot is not likely to adversely affect listed
species.'' The result of the Service's consultation under Section 7 of
the ESA is 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 economic impacts of annual hunting on
small business entities were analyzed in detail and a Small Entity
Flexibility Analysis (Analysis), under the Regulatory Flexibility Act
(5 U.S.C. 601 et seq.), was issued by the Service in 1996 (copies
available upon request from the Office of Migratory Bird Management).
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 $254 and $592 million at small businesses in 1996. The approval
of tungsten-polymer 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 Department of the Interior certifies that this document
will not have a significant economic effect on a substantial number of
small entities under the Regulatory Flexibility Act
d regulations meet
the applicable standards provided in Sections 3(a) and 3(b)(2) of
Executive Order 12988.

List of Subjects in 50 CFR Part 20

Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
Accordingly, the Service proposes 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 paragraph (j) introductory
text and adding paragraph (j)(3) to read as follows:

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 tungsten-polymer (95.5 part tungsten: 4.5 parts
Nylon 6 or 11 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:
* * * * *
(3) Tungsten-polymer shot (95.5 parts tungsten: 4.5 parts Nylon 6
or 11 with <1 percent residual lead) is legal as nontoxic shot for the
1998-99 migratory bird hunting season, except for the Yukon-Kuskokwim
Delta habitat in Alaska.

Dated: July 14, 1998.
Donald J. Barry,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 98-19890 Filed 7-24-98; 8:45 am]
BILLING CODE 4310-55-P

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