[Federal Register Volume 62, Number 21 (Friday, January 31, 1997)]
[Proposed Rules]
[Pages 4877-4879]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2400]



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

[[Page 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.

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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), 
(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 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).
    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. (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 
25<greek-m>g/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

[[Page 4878]]

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.
    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

[[Page 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:

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