Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Proposed Rules 9207 

roundtail chub in the lower Colorado 

River basin was not warranted because 

populations of roundtail chub in the 

lower Colorado River basin did not meet 

our definition of a DPS (71 FR 26007). 

On September 7, 2006, we received a 

complaint from the Center for Biological 

Diversity for declaratory and injunctive 

relief, challenging our decision not to 

list the lower Colorado River basin 

population of the roundtail chub as an 

endangered species under the Act. On 

November 5, 2007, in a stipulated 

settlement agreement, we agreed to 

commence a new status review of the 

lower Colorado basin population of the 

roundtail chub and to submit a 12- 

month finding to the Federal Register 

by June 30, 2009. 

At this time, we are soliciting new 

information on the status of and 

potential threats to the roundtail chub. 

We will base our new determination as 

to whether listing of a DPS for roundtail 

chub in the lower Colorado River basin 

is warranted on a review of the best 

scientific and commercial information 

available, including all information we 

receive as a result of this notice. For 

more information on the biology, 

habitat, and range of the roundtail chub, 

please refer to our previous 90-day 

finding published in the Federal 

Register on July 12, 2005 (70 FR 39981), 

and our previous 12-month finding 

published in the Federal Register on 

May 3, 2006 (71 FR 26007). 

Author 

The primary authors of this notice are 

the staff members of the Arizona 

Ecological Services Office. 

Authority: The authority for this action is 

the Endangered Species Act of 1973, as 

amended (16 U.S.C. 1531 et seq.). 

Dated: February 20, 2009. 

Ken Stansell, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. E9–4155 Filed 3–2–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF THE INTERIOR 

Fish and Wildlife Service 

50 CFR Part 20 

[FWS–R9–MB–2009–0003; 91200–1231– 

9BPP] 

RIN 1018–AW46 

Migratory Bird Hunting; Application for 

Approval of Tungsten-IronFluoropolymer Shot as Nontoxic for 

Waterfowl Hunting 

AGENCY: Fish and Wildlife Service, 

Interior. 

ACTION: Notice of application for 

nontoxic shot approval. 

SUMMARY: We, the U.S. Fish and 

Wildlife Service, announce that Tundra 

Composites, LLC, of White Bear Lake, 

Minnesota, has applied for our approval 

of shot composed of alloys of tungsten, 

iron, and fluoropolymer as nontoxic for 

waterfowl hunting in the United States. 

The alloys are 41.5 to 95.2 percent 

tungsten, 1.5 to 52.0 percent steel, and 

3.5 to 8.0 percent fluoropolymer by 

weight. We have initiated review of the 

shot under the criteria we have set out 

in our nontoxic shot approval 

procedures in our regulations. 

DATES: Our comprehensive review of the 

application information is to conclude 

by May 4, 2009. 

ADDRESSES: You may review the Tundra 

Composites application at the Fish and 

Wildlife Service, Division of Migratory 

Bird Management, 4501 North Fairfax 

Drive, Arlington, VA 22203–1610. 

FOR FURTHER INFORMATION CONTACT: Ron 

Kokel, Wildlife Biologist, Division of 

Migratory Bird Management, (703) 358– 

1967. 

SUPPLEMENTARY INFORMATION: The 

Migratory Bird Treaty Act of 1918 (Act) 

(16 U.S.C. 703–712 and 16 U.S.C. 742 

a–j) implements migratory bird treaties 

between the United States and Great 

Britain for Canada (1916 and 1996 as 

amended), Mexico (1936 and 1972 as 

amended), Japan (1972 and 1974 as 

amended), and Russia (then the Soviet 

Union, 1978). These treaties protect 

certain migratory birds from take, except 

as permitted under the Act. The Act 

authorizes the Secretary of the Interior 

to regulate take of migratory birds in the 

United States. Under this authority, we 

control the hunting of migratory game 

birds through regulations in 50 CFR part 

20. We prohibit the use of shot types 

other than those listed in the Code of 

Federal Regulations (CFR) at 50 CFR 

20.21(j) for hunting waterfowl and coots 

and any species that make up aggregate 

bag limits. 

Since the mid-1970s, we have sought 

to identify types of shot for waterfowl 

hunting that are not toxic to migratory 

birds or other wildlife when ingested. 

We have approved nontoxic shot types 

and added them to the migratory bird 

hunting regulations in 50 CFR 20.21(j). 

We will continue to review all shot 

types submitted for approval as 

nontoxic. 

Tundra Composites has submitted its 

application to us with the counsel that 

it contained all of the specified 

information for a complete Tier 1 

submittal, and has requested 

unconditional approval pursuant to the 

Tier 1 timeframe. Having determined 

that the application is complete, we 

have initiated a comprehensive review 

of the Tier 1 information under 50 CFR 

21.134. After review, we will either 

publish a notice of review to inform the 

public that the Tier 1 test results are 

inconclusive, or we will publish a 

proposed rule to approve the candidate 

shot. If the Tier 1 tests are inconclusive, 

the notice of review will indicate what 

other tests we will require before we 

will again consider approval of the 

Tungsten-Iron-Fluoropolymer shot as 

nontoxic. If the Tier 1 data review 

results in a preliminary determination 

that the candidate material does not 

pose a significant toxicity hazard to 

migratory birds, other wildlife, or their 

habitats, the Service will commence 

with a rulemaking proposing to approve 

the candidate shot and add it to our list 

at 50 CFR 20.21(j). 

Dated: February 25, 2009. 

Jerome Ford, 

Acting Director, U.S. Fish and Wildlife 

Service. 

[FR Doc. E9–4455 Filed 3–2–09; 8:45 am] 

BILLING CODE 4310–55–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 300 

RIN 0648–AX72 

Identification and Certification of 

Nations Whose Fishing Vessels Are 

Engaged in Illegal, Unreported, or 

Unregulated Fishing or Bycatch of 

Protected Living Marine Resources 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Notice of public hearing; request 

for comments. 


rwilkins on PROD1PC63 with PROPOSALS