Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Proposed Rules 4877

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.

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), (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. 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 § 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).

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 tungstenbismuth-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. (1996) assess

the effects of embedded tungstenbismuth-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 25μg/

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
4878 Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Proposed Rules

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. Leaddose 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 wholeblood 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. 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. The Ecosystem

Approach: Healthy Ecosystems and

Sustainable Economics. Volume II—

Implementation Issues.

Kabata-Peddias, 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.

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 Ed.

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.

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 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
Federal Register / Vol. 62, No. 21 / Friday, January 31, 1997 / Proposed Rules 4879

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:

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:

§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