Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules 40077

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. The approved shot will merely

supplement nontoxic shot already in

commerce and available throughout the

retail and wholesale distribution

systems, therefore, this rule would have

minimal effect on such entities. The

Service anticipates no dislocation or

other local effects with regard to hunters

and others. This document is not a

significant rule subject to Office of

Management and Budget review under

Executive Order 12866.

This rule does not contain collections

of information that require approval by

the Office of Management and Budget

under 44 U.S. C. 3501 et seq. The

Service does have OMB approval (1018–

0067; expires 06/30/2000) for

information collection relating to what

manufacturers of shot are required to

provide the Service for the nontoxic

shot approval process. For further

information see 50 CFR 20.134.

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 governments or

private entities.

Civil Justice Reform—Executive Order

12988

The Department has determined that

these proposed 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

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 20

RIN 1018–AE35

Migratory Bird Hunting; Extension of

Temporary Approval of Tungsten-Iron

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) is proposing to amend

Section 20.21(j) to grant temporary

approval of tungsten-iron shot as

nontoxic for the 1998–99 migratory bird

hunting season, except in the YukonKuskokwim (Y–K) Delta, Alaska. The

Service had previously granted

temporary approval of tungsten-iron

shot as nontoxic for the 1997–98 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

(Anas platyrhynchos) with 8 BB size

tungsten-iron 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 Y–K Delta. Until a reproductive/

chronic toxicity test has been completed

and the Service has reviewed the

results, tungsten, iron shot will not be

approved for the Y–K Delta.

DATES: Comments on the proposed rule

must be received no later than August

26, 1998.

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. 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, when spent, does not

pose a significant toxic hazard to

migratory birds and other wildlife. The
40078 Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules

Service established procedures and

requirements for approval of shot and

shot coatings as nontoxic in 1986 and

published them in 50 CFR 20.134. The

Service adopted new procedures in

December 1997. These are published at

50 CFR 20.134. Currently, only steel

shot and bismuth-tin shot are approved

by the Service as nontoxic shot. The

Service granted temporary approval of

bismuth-tin as nontoxic 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 (62 FR

43444 published August 18, 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.

Federal Cartridge Company’s (Anoka,

Minnesota) 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 g/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 (Anas platyrhynchos). 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 Tier 1 and

Tier 2, 50 CFR § 20.134(b)(2) and

(b)(3)(B).

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).

However, there is some concern that the

absorption of tungsten into the femur,

kidney, and liver could potentially

affect certain endangered or threatened

species such as the spectacled eider

(Somateria fischeri) on the Y–K Delta,

Alaska. Until a reproductive/chronic

toxicity test has been completed and the

Service has reviewed the results,

tungsten-iron shot will not be approved

for the Y–K Delta.

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

suggests 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 percent tungsteniron alloy, 11.87 percent tungsten, and

25.31 percent 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 percent

tungsten-iron alloy, 11.87 percent

tungsten, and 25.31 percent 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 (TBT) on captive

mallards saw no acute toxicity. Orally

dosing 20 8-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 author’s

conclusion is that TBT shot presents

virtually no potential for acute

intoxication in mallards.

A study by Kraabel et al. (1996)

assesses 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 1 g/

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 (Gallus domesticus) 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 mg/

g liver. At this concentration, the

activity of xanthine dehydrogenase was

zero.

In Federal’s 30-day dosing study 8

male and 8 female adult mallards given

8 No. 4 steel shot, 8 No. 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-dosed birds (5

males and 3 females) died during the

30-day test while there were no

mortalities in the other groups. Leaddosed 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-dosed birds which died

during the trial lost an average of 30

percent of their body weight.
Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules 40079

Hematocrit, hemoglobin concentrations,

and ALAD activity were significantly

depressed at day 15 in the lead-dosed

females, while lead-dosed 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, but that reproductive/chronic

toxicity data is lacking.

Lacking sufficient reproductive/

chronic toxicity data on the candidate

shot, the applicant was advised to

conduct additional testing as described

in Tier 2 and Tier 3 as outlined in 50

CFR 20.134 (b)(3) and (4), and in

consultation with the Service’s Office of

Migratory Bird Management and the

U.S. Geological Survey’s Division of

Biological Resources (BRD). One test

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 Service’s maximum

environmentally acceptable level of

residual lead in shot is trace amounts of

<1 percent (50 CFR 20.134 (b) (5)). The

Service will consider any tungsten-iron

shot manufactured with lead levels

equal to or exceeding 1 percent as toxic

and, therefore, illegal. At this time, the

tungsten-iron shot meets the acceptable

specifications.

Before approval of any shot for use in

migratory game bird hunting, a

noninvasive field testing device must be

available for enforcement officers to

determine the shot material in a given

shell in the field (50 CFR 20.134 (b)(6)).

Several noninvasive field testing

devices are under development to

separate tungsten-iron shot from lead

shot. Tungsten-iron shot can be drawn

to a magnet as a simple field detection

method.

In summary, this proposed rule would

amend 50 CFR 20.21(j) by extending

temporary approval of tungsten-iron

shot as nontoxic for the 1998–99

migratory bird hunting season, except in

the Y–K Delta, Alaska. 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 reviewed by the

Service in its initial decision to grant

temporary approval for the 1997–98

season (62 FR 43444). 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. Information since the

Service’s initial decision has not

changed or been supplemented to date.

A reproductive/chronic toxicity test will

be completed and the Service will

review the results, prior to any final

unconditional approval of tungsten-iron

shot for migratory bird hunting.

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 GameFarm 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 penreared 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 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 extend

temporary approval of tungsten-iron

shot as nontoxic for the 1998–99

migratory bird hunting season 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 rule and

determined that granting temporary

approval of tungsten-iron shot for the

1998–99 hunting season, except on the

Yukon-Kuskokwin (Y–K) Delta, is not

likely to affect any threatened,

endangered, proposed or candidate

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
40080 Federal Register / Vol. 63, No. 143 / Monday, July 27, 1998 / Proposed Rules

estimated that migratory bird hunters

would spend between $254 and $592

million at small businesses in 1996. The

approval of tungsten-iron 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 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. However, the Service

does have OMB approval (1018–0067;

expires 06/30/2000) for information

collection relating to what

manufacturers of shot are required to

provide the Service for the nontoxic

shot approval process. For further

information see 50 CFR 20.134.

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.

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. Amend Section 20.21 by revising

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

§ 20.21 Hunting methods.

* * * * *

(j) * * *

(2) Tungsten-iron shot (nominally 40

parts tungsten: 60 parts iron with <1

percent residual lead) is legal as

nontoxic shot for the 1998–99 migratory

bird hunting season, except in the

Yukon-Kuskokwim (Y–K) Delta, Alaska.

Dated: July 14, 1998.

Donald J. Barry,

Assistant Secretary for Fish and Wildlife and

Parks.

[FR Doc. 98–19891 Filed 7–24–98; 8:45 am]

BILLING CODE 4310–55–P

DEPARTMENT OF THE INTERIOR

Fish and Wildlife Service

50 CFR Part 32

RIN 1018–AE68

1998–99 Refuge-Specific Hunting and

Fishing Regulations

AGENCY: Fish and Wildlife Service,

Interior.

ACTION: Proposed rule.

SUMMARY: The Fish and Wildlife Service

(Service) proposes to add additional

national wildlife refuges (refuges) to the

list of areas open for hunting and/or

sport fishing, along with pertinent

refuge-specific regulations for such

activities; and amend certain regulations

on other refuges that pertain to

migratory game bird hunting, upland

game hunting, big game hunting and

sport fishing for the 1998–99 seasons.

DATES: Comments may be submitted on

or before August 26, 1998.

ADDRESSES: Assistant Director—Refuges

and Wildlife, U.S. Fish and Wildlife

Service, 1849 C Street, NW, MS 670

ARLSQ, Washington, DC 20240.

FOR FURTHER INFORMATION CONTACT:

Stephen R. Vehrs, at the above address;

Telephone (703) 358–2397; Fax (703)

358–1826.

SUPPLEMENTARY INFORMATION: National

wildlife refuges generally are closed to

hunting and sport fishing until opened

by rulemaking. The Secretary of the

Interior (Secretary) may open refuge

areas to hunting and/or fishing upon a

determination that such uses are

compatible with the mission of the

System or purpose(s) for which

individual refuges were established. The

action also must be in accordance with

provisions of all laws applicable to the

areas, must be consistent with the

principles of sound fish and wildlife

management and administration.

Management is intended to ensure that

the biological integrity, diversity, and

environmental health of the System are

maintained for the benefit of present

and future generations of Americans,

and otherwise must be in the public

interest.

The Service reviews refuge hunting

and fishing programs annually to

determine whether to add additional

refuges or whether individual refuge

regulations governing existing programs

need modification, deletion or additions

made to them. Changing environmental

conditions, State and Federal

regulations, and other factors affecting

wildlife populations and habitat may

warrant modifications ensuring

continued compatibility of hunting and

fishing programs and that these

programs will not materially interfere

with or detract from the fulfillment of

the mission of the System or the

purposes of the refuge.

50 CFR part 32 contains provisions

governing hunting and fishing on

national wildlife refuges. Hunting and

fishing are regulated on refuges to:

• Ensure compatibility;

• Properly manage the fish and

wildlife resource;

• Protect other refuge values; and

• Ensure refuge user safety.

On many refuges, the Service policy

of adopting regulations identical to State

hunting and fishing regulations is

adequate in meeting these objectives.

On other refuges, it is necessary to

supplement State regulations with more

restrictive Federal regulations to ensure

that the Service meets its management

responsibilities, as outlined under the

section entitled ‘‘Statutory Authority.’’

The Service issues refuge-specific

hunting and fishing regulations when a

wildlife refuge is opened to either

migratory game bird hunting, upland

game hunting, big game hunting or sport

fishing. These regulations list the

wildlife species that may be hunted or

are subject to sport fishing, seasons, bag

limits, methods of hunting or fishing,

descriptions of open areas, and other

provisions as appropriate. 50 CFR part

32 contains previously issued refugespecific regulations for hunting and

fishing. The Service promulgates many

of the amendments to these sections to

standardize and clarify the existing

language of these regulations.

The Service proposes to revise

nontoxic shot provisions for hunting

upland game on Waterfowl Production

Areas and other areas of the National

Wildlife Refuge System (System).

Specifically part 32 would prohibit

the use or possession of toxic shotgun

pellets by upland game hunters onto

Waterfowl Production Areas and other

areas of the System. The only shot