Migratory Bird Hunting; Approval of Tungsten-Iron-Copper-Nickel, Iron-Tungsten-Nickel Alloy, Tungsten-Bronze (Additional Formulation), and Tungsten-Tin-Iron Shot Types as Nontoxic for Hunting Waterfowl and Coots; Availability of Environmental Assessments, 4294-4297 [06-745]
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Federal Register / Vol. 71, No. 17 / Thursday, January 26, 2006 / Rules and Regulations
reorganization under section 368(a)(1)
that is not treated as an indirect stock
transfer under § 1.367(a)–3(d), apply
only to transfers occurring after January
5, 2005 (although taxpayers may apply
such provision to transfers of securities
occurring on or after July 20, 1998 and
on or before January 5, 2005 if done
consistently to all transactions). See
§ 1.6038–1T(b)(i), as contained in 26
CFR part 1 revised as of April 1, 2005,
for transfers occurring prior to the
effective dates described in paragraphs
(g)(2) through (4) of this section.
I Par. 13. In § 1.6038B–1T, paragraph
(b)(1)(i) is revised to read as follows:
§ 1.6038B–1T Reporting of certain
transactions to foreign corporations
(temporary).
*
*
*
*
*
(b) Time and manner of reporting—(1)
In general—(i) [Reserved]. For further
guidance, see § 1.6038B–1(b)(1)(i).
*
*
*
*
*
Mark E. Matthews,
Deputy Commissioner for Services and
Enforcement.
Approved: January 17, 2006.
Eric Solomon,
Acting Deputy Assistant Secretary of the
Treasury (Tax Policy).
[FR Doc. 06–587 Filed 1–23–06; 11:43 am]
BILLING CODE 4830–01–P
DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018–AU04; 1018–AU09; 1018–AU13;
1018–AU28
Migratory Bird Hunting; Approval of
Tungsten-Iron-Copper-Nickel, IronTungsten-Nickel Alloy, TungstenBronze (Additional Formulation), and
Tungsten-Tin-Iron Shot Types as
Nontoxic for Hunting Waterfowl and
Coots; Availability of Environmental
Assessments
Fish and Wildlife Service,
Interior.
ACTION: Final rule; availability of Final
Environmental Assessment and Finding
of No Significant Impact.
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AGENCY:
SUMMARY: The U.S. Fish and Wildlife
Service (we, us, or USFWS) approves
four shot types or alloys for hunting
waterfowl and coots and changes the
listing of approved nontoxic shot types
to reflect the cumulative approvals of
nontoxic shot types and alloys. In
addition, we approve alloys of several
metals because we have approved the
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16:01 Jan 25, 2006
Jkt 208001
metals individually at or near 100% in
nontoxic shot. We have prepared a Final
Environmental Assessment and a
Finding of No Significant Impact in
support of this decision.
DATES: This rule takes effect on
February 27, 2006.
ADDRESSES: The Final Environmental
Assessments for the shot types and the
associated Findings of No Significant
Impact are available from the Division
of Migratory Bird Management, U.S.
Fish and Wildlife Service, 4501 North
Fairfax Drive, Room 4091, Arlington,
Virginia 22203–1610. You may call 703–
358–1825 to request copies.
The complete file for this rule is
available, by appointment, during
normal business hours at the same
address. You may call 703–358–1825 to
make an appointment to view the files.
FOR FURTHER INFORMATION CONTACT: Dr.
George T. Allen, Division of Migratory
Bird Management, 703–358–1714.
SUPPLEMENTARY INFORMATION:
Background
The Migratory Bird Treaty Act of 1918
(Act) (16 U.S.C. 703–711) and the Fish
and Wildlife Improvement Act of 1978
(16 U.S.C. 712) implement migratory
bird treaties between the United States
and Great Britain for Canada (1916,
amended), Mexico (1936, amended),
Japan (1972, amended), and Russia
(then the Soviet Union, 1978). These
treaties protect certain migratory birds
from take, except as permitted under the
Acts. The Acts authorize the Secretary
of the Interior to regulate take of
migratory birds in the United States.
Under this authority, the U.S. Fish and
Wildlife Service controls the hunting of
migratory game birds through
regulations in 50 CFR part 20.
Deposition of toxic shot and release of
toxic shot components in waterfowl
hunting locations are potentially
harmful to many organisms. Research
has shown that ingested spent lead shot
causes significant mortality in migratory
birds. Since the mid-1970s, we have
sought to identify shot types that do not
pose significant toxicity hazards to
migratory birds or other wildlife. We
addressed the issue of lead poisoning in
waterfowl in an Environmental Impact
Statement in 1976, and again in a 1986
supplemental EIS. The 1986 document
provided the scientific justification for a
ban on the use of lead shot and the
subsequent approval of steel shot for
hunting waterfowl and coots that began
that year, with a complete ban of lead
for waterfowl and coot hunting in 1991.
We have continued to consider other
potential candidates for approval as
nontoxic shot. We are obligated to
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review applications for approval of
alternative shot types as nontoxic for
hunting waterfowl and coots.
We received applications for approval
of four shot types as nontoxic for
hunting waterfowl and coots. Those
shot types are:
1. Tungsten-Iron-Copper-Nickel
(TICN) shot, of 40–76 percent tungsten,
10–37 percent iron, 9–16 percent
copper, and 5–7 percent nickel (70 FR
3180, January 21, 2005);
2. Iron-Tungsten-Nickel (ITN) alloys
composed of 20–70 percent tungsten,
10–40 percent nickel, and 10–70 percent
iron (70 FR 22625, May 2, 2005);
3. Tungsten-Bronze (TB) shot made of
60 percent tungsten, 35.1 percent
copper, 3.9 percent tin, and 1 percent
iron (70 FR 22624, May 2, 2005, Note:
This formulation differs from the
Tungsten-Bronze nontoxic shot
formulation approved in 2004.); and
4. Tungsten-Tin-Iron (TTI) shot
composed of 58 percent tungsten, 38
percent tin, and 4 percent iron (70 FR
32282, June 2, 2005).
We reviewed the shot under the
criteria in Tier 1 of the nontoxic shot
approval procedures contained in 50
CFR 20.134 for permanent approval of
shot as nontoxic for hunting waterfowl
and coots. We amend 50 CFR 20.21(j) to
add the shot types to the list of those
approved for waterfowl and coot
hunting.
On August 24, 2005, we published a
proposed rule to approve the four shot
types as nontoxic (70 FR 49541). The
applications for the approval of the shot
types included information on chemical
characterization, production variability,
use, expected production volume,
toxicological effects, environmental fate
and transport, and evaluation, and the
proposed rule included this
information, a comprehensive
evaluation of the likely effects of each
shot, and an assessment of the affected
environment.
The Director of the U.S. Fish and
Wildlife Service has concluded that the
spent shot material will not pose a
significant danger to migratory birds or
other wildlife or their habitats, and
therefore approves the use of the four
shot types as nontoxic for hunting
waterfowl and coots.
We received one comment in
response to the proposed rule. However,
the commenter raised no issues that
caused us to reconsider our approval of
the shot types as nontoxic.
The metals in these shot types have
already been approved in other nontoxic
shot types. In considering approval of
these shot types, we were particularly
concerned about the solubility and
bioavailability of the nickel and copper
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in them. In addition, because tungsten,
tin, and iron have already been
approved at very high proportions of
other nontoxic shot types with no
known negative effects of the metals, we
approve all alloys of these four metals.
The data provided to us indicate that
the shot types are nontoxic when
ingested by waterfowl and should not
pose a significant danger to migratory
birds, other wildlife, or their habitats.
We conclude that they raise no
particular concerns about deposition in
the environment or about ingestion by
waterfowl or predators.
The process for submission and
evaluation of new shot types for
approval as nontoxic is given at 50 CFR
20.134. The list of shot types approved
as nontoxic for use in hunting migratory
birds is provided in the table at 50 CFR
20.21(j). With this rule, we also propose
to revise the listing of approved
nontoxic shot types in § 20.21(j) to
include the cumulative approvals of the
shot types considered in this rule with
the other nontoxic shot types already in
the table.
Many hunters believe that some
nontoxic shot types do not compare
favorably to lead and that they may
damage some shotgun barrels, and a
small percentage of hunters have not
complied with nontoxic shot
regulations. Allowing use of additional
nontoxic shot types may encourage
greater hunter compliance and
participation with nontoxic shot
requirements and discourage the use of
lead shot. The use of nontoxic shot for
waterfowl hunting has increased in
recent years (Anderson et al. 2000), but
we believe that compliance will
continue to increase with the
availability and approval of other
nontoxic shot types. Increased use of
nontoxic shot will enhance protection of
migratory waterfowl and their habitats.
More important, however, is that the
Fish and Wildlife Service is obligated to
consider all complete nontoxic shot
submissions.
We also add a column to the table of
approved shot types that lists the field
testing device suitable for each shot
type. The information in this column is
strictly informational, not regulatory.
Because these regulations are used by
both waterfowl hunters and law
enforcement officers, we believe that
information on suitable testing devices
is a useful addition to the table.
Affected Environment
Waterfowl Populations
The taxonomic family Anatidae,
principally subfamily Anatinae (ducks)
and their habitats, comprise the affected
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environment. Waterfowl habitats and
populations in North America in 2005
were described by the U.S. Fish and
Wildlife Service (Garrettson et al. 2005).
In the Waterfowl Breeding Population
and Habitat Survey traditional survey
area (strata 1–18, 20–50, and 75–77), the
total duck population estimate was 31.7
± 0.6 [SE] million birds, similar to last
year’s estimate of 32.2 ± 0.6 million
birds but 5% below the 1955–2004 longterm average. Mallard (Anas
platyrhynchos) abundance was 6.8 ± 0.3
million birds, which was 9% below the
2004 estimate of 7.4 ± 0.3 million birds
and 10% below the long-term average.
Blue-winged teal (Anas discors)
abundance was 4.6 ± 0.2 million birds,
similar to the 2004 estimate of 4.1 ± 0.2
million birds, and the long-term
average. Of the other duck species, the
gadwall estimate (Anas strepera; 2.2 ±
0.1 million) was 16% below that of
2004, while estimates of northern
pintails (Anas acuta; 2.6 ± 0.1 million;
+17%) and northern shovelers (Anas
clypeata; 3.6 ± 0.2 million; +28%) were
significantly above their 2004 estimates.
The estimate for northern shovelers was
67% above the long-term average for the
species, and the estimates for gadwall
(+30%) and green-winged teal (Anas
crecca; 2.2 ± 0.1 million; +16%) also
were above their average values.
Northern pintails remained 38% below
their long-term average despite this
year’s increase in abundance. Estimates
of American wigeon (Anas americana;
2.2 ± 0.1 million; -15%) and scaup
(Aythya affinis and Aythya marila
combined; 3.4 ± 0.2; -35%) also were
below their respective long-term
averages; the estimate for scaup was a
record low. Abundances of redheads
(Aythya americana) and canvasbacks
(Aythya valisineria) were similar to last
year’s counts and long-term averages.
The projected mallard fall flight index
of 9.3 ± 0.1 million was similar to the
2004 estimate of 9.4 ± 0.1 million birds.
In the restratified eastern survey area,
mergansers (Mergus serrator, M.
merganser, and Lophodytes cucullatus
together) were down 25%, mallards
were down 36%, American black ducks
(Anas rubripes) were down 24%, and
green-winged teal were 46% below their
2004 estimates. Ring-necked ducks
(Aythya collaris) and goldeneyes
(common [Bucephala clangula] and
Barrow’s [Bucephala islandica]) were
similar to their 2004 estimates. No
species in the eastern survey area
differed from its long-term average.
Habitats
Waterfowl hunting occurs in habitats
used by many taxa of migratory birds, as
well as by aquatic invertebrates,
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4295
amphibians and some mammals. Fish
also may be found in many hunting
locations. The total May pond estimate
(Prairie and Parkland Canada and the
northcentral U.S. combined) was 5.4 ±
0.2 million ponds, which is 37% greater
than the 2004 estimate of 3.9 ± 0.2
million ponds and 12% higher than the
long-term average of 4.8 ± 0.1 million
ponds. The 2005 pond estimate in
Prairie and Parkland Canada was 3.9 ±
0.2 million, a 56% increase relative to
last year’s estimate of 2.5 ± 0.1 million
ponds and 17% higher than the longterm average of 3.3 ± 0.3 million ponds.
The 2005 pond estimate for the
northcentral U.S. (1.5 ± 0.1 million) was
similar to last year’s estimate.
Characterization of the Four Shot Types
TICN Alloys
Spherical Precision, Inc. of Tustin,
CA, submitted Tungsten-Iron-CopperNickel (TICN) shot for approval. This is
an array of layered alloys or metals of
40–76 percent tungsten, 10–37 percent
iron, 9–16 percent copper, and 5–7
percent nickel. TICN shot has a density
ranging from 10.0 to 14.0 grams per
cubic centimeter (g/cm3), is
noncorrosive, and is magnetic.
Spherical Precision estimates that the
volume of TICN shot for use in hunting
migratory birds in the United States will
be approximately 50,000 pounds (lb)
(22,700 kilograms (kg)) during the first
year of sale, and perhaps 100,000 lb
(45,400 kg) per year thereafter.
ITN Alloys
ENVIRON-Metal of Sweet Home, OR,
submitted Iron-Tungsten-Nickel (ITN)
alloys, which are cast alloys containing
10–70 percent iron, 20–70 percent
tungsten, and 10–40 percent nickel. The
proposed shot types have densities
ranging from about 8.5 to about 13.5 g/
cm3. The compositions of the alloys
were shown in the proposed rule (70 FR
49541).
ENVIRON-Metal estimated that the
yearly volume of ITN shot types with
densities between those of steel (7.86 g/
cm3) and lead (11.3 g/cm3) expected for
use in hunting migratory birds in the
United States is approximately 200,000
lb (113,500 kg) during the first year of
sale. In the second year and beyond,
sales upwards of 500,000 lb (227,000 kg)
per year are anticipated. ITN shot types
with densities greater than that of lead
may ultimately attain sales levels of
1,000,000 lb (454,000 kg) per year.
TB Shot
The Olin Corporation of East Alton,
IL, submitted Tungsten-Bronze (TB)
shot for approval. This is a sintered
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Federal Register / Vol. 71, No. 17 / Thursday, January 26, 2006 / Rules and Regulations
composite with an average composition
of 60 percent tungsten, 35.1 percent
copper, 3.9 percent tin, and 1 percent
iron. The copper and tin make up 39
percent of the shot as a 90:10 ratio,
respectively, in the form of a bronze
alloy. The shot has a density of 12.0 g/
cm3, compared to 11.1–11.3 g/cm3 for
lead, and 7.9 g/cm3 for steel. Olin
estimated that the yearly volume of the
TB shot in hunting migratory birds in
North America will be approximately
300,000 lb (136,200 kg).
TTI Shot
Tungsten-Tin-Iron (TTI) shot,
submitted by Nice Shot, Inc., of Albion,
PA, is a cast alloy composed of 58
percent tungsten, 38 percent tin, and 4
percent iron. This shot type has a
density of 11.0 g/cm3. Nice Shot, Inc.
estimated that approximately 5,000 lb
(2,270 kg) of TTI shot are expected to be
sold for use in hunting migratory birds
in the United States during the first year
of sale. TTI shot contains less than 1
percent lead, and will not be coated.
Each of the four shot types has a
residual lead level of less than 1
percent. To inhibit corrosion, TICN shot
may be coated with tin, copper, or both,
and ITN shot may be surface-coated
with thin petroleum-based films.
Neither TB nor TTI shot will be coated.
In current 50 CFR 20.21(j)(1), the
percent composition by weight for
tunsten-tin-bismuth is ‘‘49–71 tungsten,
29–51 tin; 0.5–6.5 bismuth, 0.8 iron’’.
The proposed rule presented this same
formulation. However, because we have
already approved shot types of 100
percent of each of these metals, we now
approve any alloys of them. Therefore,
the rule text now reflects that the
percent composition by weight for
tungsten-tin-bismuth alloys is now ‘‘any
proportions of tungsten, tin, and
bismuth’’.
Effects of the Approvals on Migratory
Waterfowl
Approving additional nontoxic shot
types will likely result in a minor
positive long-term impact on waterfowl
and wetland habitats. Approval of the
four shot types and additional alloys as
nontoxic would have a positive impact
on the waterfowl resource.
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Cumulative Impacts
We foresee no negative cumulative
impacts of approval of the four shot
types and the additional alloys for
waterfowl hunting. Their approval
should help to further reduce the
negative impacts of the use of lead shot
for hunting waterfowl and coots.
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14:52 Jan 25, 2006
Jkt 208001
Literature Cited
Anderson, W. L., S. P. Havera, and B. W.
Zercher. 2000. Ingestion of lead and
nontoxic shotgun pellets by ducks in the
Mississippi flyway. Journal of Wildlife
Management 64:848–857.
Garrettson, P. R., T. J. Moser, and K. Wilkins.
2005. Waterfowl population status, 2005.
U.S. Fish and Wildlife Service,
Washington, D.C.
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 regulations for
implementing NEPA (40 CFR parts
1500–1508), though all of the metals in
these shot types have been approved in
other shot types and are not likely to
pose adverse toxicity effects on fish,
wildlife, their habitats, or the human
environment, we have completed Final
Environmental Assessments and found
no significant environmental impact
from this action.
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.’’ We have concluded
that because all of the metals in these
shot types have been approved in other
shot types and will not be released to
the environment (dissolved from the
shot) by any of them, the metals will not
be available to biota in significant
amounts due to use of any of the four
shot types. Therefore, this action will
not affect endangered or threatened
species.
Department of the Interior bureaus. This
action will not materially affect
entitlements, grants, user fees, loan
programs, or the rights and obligations
of their recipients because it has no
mechanism to do so. This action will
not raise novel legal or policy issues
because the Service has already
approved several other nontoxic shot
types.
Regulatory Flexibility 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
economic impact on a substantial
number of small entities, which include
small businesses, organizations, or
governmental jurisdictions. This rule
approves four additional types of
nontoxic shot that may be sold and used
to hunt migratory birds. We have
determined, however, that this rule will
have no effect on small entities since the
approved shot merely will supplement
nontoxic shot types already in
commerce and available throughout the
retail and wholesale distribution
systems. We anticipate no dislocation or
other local effects, with regard to
hunters and others.
Executive Order 12866
Small Business Regulatory Enforcement
Fairness Act
This rule is not a major rule under 5
U.S.C. 804(2), the Small Business
Regulatory Enforcement Fairness Act.
This rule will not have an annual effect
on the economy of $100 million or
more; will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions; and does not have
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of U.S.-based enterprises to compete
with foreign-based enterprises.
This rule is not a significant
regulatory action subject to Office of
Management and Budget (OMB) review
under Executive Order 12866. This rule
will not have an annual economic effect
of $100 million or more or adversely
affect an economic sector, productivity,
jobs, the environment, or other units of
government. Therefore, a cost-benefit
economic analysis is not required. This
action will not create inconsistencies
with other agencies’ actions or
otherwise interfere with an action taken
or planned by another agency. No other
Federal agency has any role in
regulating nontoxic shot for migratory
bird hunting. The action is consistent
with the policies and guidelines of other
Paperwork Reduction Act
An agency may not conduct or
sponsor, and a person is not required to
respond to, a collection of information
unless it displays a currently valid OMB
control number. We have examined this
regulation under the Paperwork
Reduction Act of 1995 (44 U.S.C. 3501)
and found it to contain no new
information collection requirements.
OMB has assigned control number
1018–0067 to the collection of
information that shot manufacturers are
required to provide to us for the
nontoxic shot approval process. This
approval expires December 31, 2006.
For further information, see 50 CFR
20.134.
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Federal Register / Vol. 71, No. 17 / Thursday, January 26, 2006 / Rules and Regulations
Unfunded Mandates Reform
We have determined and certify
pursuant to the Unfunded Mandates
Reform Act, 2 U.S.C. 1502 et seq., that
this rulemaking will not significantly or
uniquely affect small governments or
produce a Federal mandate of $100
million or more in any given year.
Therefore, this rule does not constitute
a significant regulatory action under the
Unfunded Mandates Reform Act.
Civil Justice Reform—Executive Order
12988
In promulgating this rule, we have
determined that these regulations meet
the applicable standards provided in
Sections 3(a) and 3(b)(2) of Executive
Order 12988.
not result in the physical occupancy of
property, the physical invasion of
property, or the regulatory taking of any
property. A takings assessment is not
required.
Federalism Effects
This rule does not have a substantial
direct effect on fiscal capacity, change
the roles or responsibilities of Federal or
State governments, or intrude on State
policy or administration. In accordance
with Executive Order 13132, this
regulation does not have significant
federalism effects, nor does it have
sufficient federalism implications to
warrant the preparation of a Federalism
Assessment.
4297
has no effects on Federally recognized
Indian tribes.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting
and recordkeeping requirements,
Transportation, Wildlife.
I For the reasons discussed in the
preamble, we amend part 20, subchapter
B, chapter I 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:
I
Authority: 16 U.S.C. 703–712; 16 U.S.C.
742a–j; Pub. L. 106–108.
2. Section 20.21 is amended by
revising paragraph (j) to read as follows:
I
Takings
Government-to-Government
Relationship With Tribes
In accordance with Executive Order
12630, this rule, authorized by the
Migratory Bird Treaty Act, does not
have significant takings implications
and does not affect any constitutionally
protected property rights. This rule will
In accordance with the President’s
memorandum of April 29, 1994,
‘‘Government-to-Government Relations
with Native American Tribal
Governments’’ (59 FR 22951) and 512
DM 2, we have determined that this rule
§ 20.21
Approved shot type *
97 bismuth, 3 tin ..............................................
iron and carbon ................................................
any proportion of tungsten, ≥1 iron .................
≥1 iron, any proportion of tungsten, up to 40
nickel.
51.1 tungsten, 44.4 copper, 3.9 tin, 0.6 iron
and 60 tungsten, 35.1 copper, 3.9 tin, 1 iron.
40–76 tungsten, 10–37 iron, 9–16 copper, 5–
7 nickel.
95.9 tungsten, 4.1 polymer ..............................
95.5 tungsten, 4.5 Nylon 6 or 11 .....................
any proportions of tungsten and tin, ≥1 iron ...
any proportions of tungsten, tin, and bismuth.
65 tungsten, 21.8 tin, 10.4 iron, 2.8 nickel ......
*
*
*
*
(j) While possessing loose shot for
muzzle loading or shotshells containing
other than the following approved shot
types.
Percent composition by weight
bismuth-tin ..........................................................
iron (steel) ..........................................................
iron-tungsten .......................................................
iron-tungsten-nickel ............................................
tungsten-bronze ..................................................
tungsten-iron-copper-nickel ................................
tungsten-matrix ...................................................
tungsten-polymer ................................................
tungsten-tin-iron ..................................................
tungsten-tin-bismuth ...........................................
tungsten-tin-iron-nickel .......................................
What hunting methods are illegal?
*
Field testing device **
HOT*SHOT. ***
Magnet or HOT*SHOT.
Magnet or HOT*SHOT.
Magnet or HOT*SHOT. **
Rare Earth Magnet.
HOT*SHOT or Rare Earth Magnet.
HOT*SHOT.
HOT*SHOT.
Magnet or HOT*SHOT.
Rare Earth Magnet.
Magnet.
* Coatings of copper, nickel, tin, zinc, zinc chloride, and zinc chrome on approved nontoxic shot types also are approved.
** The information in the ‘‘Field Testing Device’’ column is strictly informational, not regulatory.
*** The ‘‘HOT*SHOT’’ field testing device is from Stream Systems of Concord, CA.
*
*
*
*
*
DEPARTMENT OF COMMERCE
Dated: January 13, 2006.
Paul Hoffman,
Assistant Secretary for Fish and Wildlife and
Parks.
[FR Doc. 06–745 Filed 1–25–06; 8:45 am]
BILLING CODE 4310–55–P
National Oceanic and Atmospheric
Administration
50 CFR Part 216
[Docket No. 011011247–6006–03; I.D.
082701E]
RIN 0648–AP62
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Taking and Importing Marine
Mammals; Taking Marine Mammals
Incidental to Rocket Launches from
Kodiak Island, AK
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
VerDate Aug<31>2005
14:52 Jan 25, 2006
Jkt 208001
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
SUMMARY: NMFS, upon application from
the Alaska Aerospace Development
Corporation (AADC), is issuing
regulations to govern the unintentional
takings of small numbers of marine
mammals incidental to rocket launches
from the Kodiak Launch Complex (KLC)
on Kodiak Island, AK. Issuance of
regulations is required by the Marine
Mammal Protection Act (MMPA) when
the Secretary of Commerce (Secretary),
after notice and opportunity for
comment, finds, as here, that such takes
will have a negligible impact on the
species and stocks of marine mammals
and will not have an unmitigable
adverse impact on their availability for
subsistence uses. These regulations do
not authorize AADC’s rocket launch
activities, as such authorization is not
within the jurisdiction of the Secretary.
E:\FR\FM\26JAR1.SGM
26JAR1
]]>Agencies
[Federal Register Volume 71, Number 17 (Thursday, January 26, 2006)]
[Rules and Regulations]
[Pages 4294-4297]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-745]
=======================================================================
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DEPARTMENT OF THE INTERIOR
Fish and Wildlife Service
50 CFR Part 20
RIN 1018-AU04; 1018-AU09; 1018-AU13; 1018-AU28
Migratory Bird Hunting; Approval of Tungsten-Iron-Copper-Nickel,
Iron-Tungsten-Nickel Alloy, Tungsten-Bronze (Additional Formulation),
and Tungsten-Tin-Iron Shot Types as Nontoxic for Hunting Waterfowl and
Coots; Availability of Environmental Assessments
AGENCY: Fish and Wildlife Service, Interior.
ACTION: Final rule; availability of Final Environmental Assessment and
Finding of No Significant Impact.
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SUMMARY: The U.S. Fish and Wildlife Service (we, us, or USFWS) approves
four shot types or alloys for hunting waterfowl and coots and changes
the listing of approved nontoxic shot types to reflect the cumulative
approvals of nontoxic shot types and alloys. In addition, we approve
alloys of several metals because we have approved the metals
individually at or near 100% in nontoxic shot. We have prepared a Final
Environmental Assessment and a Finding of No Significant Impact in
support of this decision.
DATES: This rule takes effect on February 27, 2006.
ADDRESSES: The Final Environmental Assessments for the shot types and
the associated Findings of No Significant Impact are available from the
Division of Migratory Bird Management, U.S. Fish and Wildlife Service,
4501 North Fairfax Drive, Room 4091, Arlington, Virginia 22203-1610.
You may call 703-358-1825 to request copies.
The complete file for this rule is available, by appointment,
during normal business hours at the same address. You may call 703-358-
1825 to make an appointment to view the files.
FOR FURTHER INFORMATION CONTACT: Dr. George T. Allen, Division of
Migratory Bird Management, 703-358-1714.
SUPPLEMENTARY INFORMATION:
Background
The Migratory Bird Treaty Act of 1918 (Act) (16 U.S.C. 703-711) and
the Fish and Wildlife Improvement Act of 1978 (16 U.S.C. 712) implement
migratory bird treaties between the United States and Great Britain for
Canada (1916, amended), Mexico (1936, amended), Japan (1972, amended),
and Russia (then the Soviet Union, 1978). These treaties protect
certain migratory birds from take, except as permitted under the Acts.
The Acts authorize the Secretary of the Interior to regulate take of
migratory birds in the United States. Under this authority, the U.S.
Fish and Wildlife Service controls the hunting of migratory game birds
through regulations in 50 CFR part 20.
Deposition of toxic shot and release of toxic shot components in
waterfowl hunting locations are potentially harmful to many organisms.
Research has shown that ingested spent lead shot causes significant
mortality in migratory birds. Since the mid-1970s, we have sought to
identify shot types that do not pose significant toxicity hazards to
migratory birds or other wildlife. We addressed the issue of lead
poisoning in waterfowl in an Environmental Impact Statement in 1976,
and again in a 1986 supplemental EIS. The 1986 document provided the
scientific justification for a ban on the use of lead shot and the
subsequent approval of steel shot for hunting waterfowl and coots that
began that year, with a complete ban of lead for waterfowl and coot
hunting in 1991. We have continued to consider other potential
candidates for approval as nontoxic shot. We are obligated to review
applications for approval of alternative shot types as nontoxic for
hunting waterfowl and coots.
We received applications for approval of four shot types as
nontoxic for hunting waterfowl and coots. Those shot types are:
1. Tungsten-Iron-Copper-Nickel (TICN) shot, of 40-76 percent
tungsten, 10-37 percent iron, 9-16 percent copper, and 5-7 percent
nickel (70 FR 3180, January 21, 2005);
2. Iron-Tungsten-Nickel (ITN) alloys composed of 20-70 percent
tungsten, 10-40 percent nickel, and 10-70 percent iron (70 FR 22625,
May 2, 2005);
3. Tungsten-Bronze (TB) shot made of 60 percent tungsten, 35.1
percent copper, 3.9 percent tin, and 1 percent iron (70 FR 22624, May
2, 2005, Note: This formulation differs from the Tungsten-Bronze
nontoxic shot formulation approved in 2004.); and
4. Tungsten-Tin-Iron (TTI) shot composed of 58 percent tungsten, 38
percent tin, and 4 percent iron (70 FR 32282, June 2, 2005).
We reviewed the shot under the criteria in Tier 1 of the nontoxic
shot approval procedures contained in 50 CFR 20.134 for permanent
approval of shot as nontoxic for hunting waterfowl and coots. We amend
50 CFR 20.21(j) to add the shot types to the list of those approved for
waterfowl and coot hunting.
On August 24, 2005, we published a proposed rule to approve the
four shot types as nontoxic (70 FR 49541). The applications for the
approval of the shot types included information on chemical
characterization, production variability, use, expected production
volume, toxicological effects, environmental fate and transport, and
evaluation, and the proposed rule included this information, a
comprehensive evaluation of the likely effects of each shot, and an
assessment of the affected environment.
The Director of the U.S. Fish and Wildlife Service has concluded
that the spent shot material will not pose a significant danger to
migratory birds or other wildlife or their habitats, and therefore
approves the use of the four shot types as nontoxic for hunting
waterfowl and coots.
We received one comment in response to the proposed rule. However,
the commenter raised no issues that caused us to reconsider our
approval of the shot types as nontoxic.
The metals in these shot types have already been approved in other
nontoxic shot types. In considering approval of these shot types, we
were particularly concerned about the solubility and bioavailability of
the nickel and copper
[[Page 4295]]
in them. In addition, because tungsten, tin, and iron have already been
approved at very high proportions of other nontoxic shot types with no
known negative effects of the metals, we approve all alloys of these
four metals.
The data provided to us indicate that the shot types are nontoxic
when ingested by waterfowl and should not pose a significant danger to
migratory birds, other wildlife, or their habitats. We conclude that
they raise no particular concerns about deposition in the environment
or about ingestion by waterfowl or predators.
The process for submission and evaluation of new shot types for
approval as nontoxic is given at 50 CFR 20.134. The list of shot types
approved as nontoxic for use in hunting migratory birds is provided in
the table at 50 CFR 20.21(j). With this rule, we also propose to revise
the listing of approved nontoxic shot types in Sec. 20.21(j) to
include the cumulative approvals of the shot types considered in this
rule with the other nontoxic shot types already in the table.
Many hunters believe that some nontoxic shot types do not compare
favorably to lead and that they may damage some shotgun barrels, and a
small percentage of hunters have not complied with nontoxic shot
regulations. Allowing use of additional nontoxic shot types may
encourage greater hunter compliance and participation with nontoxic
shot requirements and discourage the use of lead shot. The use of
nontoxic shot for waterfowl hunting has increased in recent years
(Anderson et al. 2000), but we believe that compliance will continue to
increase with the availability and approval of other nontoxic shot
types. Increased use of nontoxic shot will enhance protection of
migratory waterfowl and their habitats. More important, however, is
that the Fish and Wildlife Service is obligated to consider all
complete nontoxic shot submissions.
We also add a column to the table of approved shot types that lists
the field testing device suitable for each shot type. The information
in this column is strictly informational, not regulatory. Because these
regulations are used by both waterfowl hunters and law enforcement
officers, we believe that information on suitable testing devices is a
useful addition to the table.
Affected Environment
Waterfowl Populations
The taxonomic family Anatidae, principally subfamily Anatinae
(ducks) and their habitats, comprise the affected environment.
Waterfowl habitats and populations in North America in 2005 were
described by the U.S. Fish and Wildlife Service (Garrettson et al.
2005). In the Waterfowl Breeding Population and Habitat Survey
traditional survey area (strata 1-18, 20-50, and 75-77), the total duck
population estimate was 31.7 0.6 [SE] million birds,
similar to last year's estimate of 32.2 0.6 million birds
but 5% below the 1955-2004 long-term average. Mallard (Anas
platyrhynchos) abundance was 6.8 0.3 million birds, which
was 9% below the 2004 estimate of 7.4 0.3 million birds
and 10% below the long-term average. Blue-winged teal (Anas discors)
abundance was 4.6 0.2 million birds, similar to the 2004
estimate of 4.1 0.2 million birds, and the long-term
average. Of the other duck species, the gadwall estimate (Anas
strepera; 2.2 0.1 million) was 16% below that of 2004,
while estimates of northern pintails (Anas acuta; 2.6 0.1
million; +17%) and northern shovelers (Anas clypeata; 3.6
0.2 million; +28%) were significantly above their 2004 estimates. The
estimate for northern shovelers was 67% above the long-term average for
the species, and the estimates for gadwall (+30%) and green-winged teal
(Anas crecca; 2.2 0.1 million; +16%) also were above their
average values. Northern pintails remained 38% below their long-term
average despite this year's increase in abundance. Estimates of
American wigeon (Anas americana; 2.2 0.1 million; -15%)
and scaup (Aythya affinis and Aythya marila combined; 3.4
0.2; -35%) also were below their respective long-term averages; the
estimate for scaup was a record low. Abundances of redheads (Aythya
americana) and canvasbacks (Aythya valisineria) were similar to last
year's counts and long-term averages. The projected mallard fall flight
index of 9.3 0.1 million was similar to the 2004 estimate
of 9.4 0.1 million birds.
In the restratified eastern survey area, mergansers (Mergus
serrator, M. merganser, and Lophodytes cucullatus together) were down
25%, mallards were down 36%, American black ducks (Anas rubripes) were
down 24%, and green-winged teal were 46% below their 2004 estimates.
Ring-necked ducks (Aythya collaris) and goldeneyes (common [Bucephala
clangula] and Barrow's [Bucephala islandica]) were similar to their
2004 estimates. No species in the eastern survey area differed from its
long-term average.
Habitats
Waterfowl hunting occurs in habitats used by many taxa of migratory
birds, as well as by aquatic invertebrates, amphibians and some
mammals. Fish also may be found in many hunting locations. The total
May pond estimate (Prairie and Parkland Canada and the northcentral
U.S. combined) was 5.4 0.2 million ponds, which is 37%
greater than the 2004 estimate of 3.9 0.2 million ponds
and 12% higher than the long-term average of 4.8 0.1
million ponds. The 2005 pond estimate in Prairie and Parkland Canada
was 3.9 0.2 million, a 56% increase relative to last
year's estimate of 2.5 0.1 million ponds and 17% higher
than the long-term average of 3.3 0.3 million ponds. The
2005 pond estimate for the northcentral U.S. (1.5 0.1
million) was similar to last year's estimate.
Characterization of the Four Shot Types
TICN Alloys
Spherical Precision, Inc. of Tustin, CA, submitted Tungsten-Iron-
Copper-Nickel (TICN) shot for approval. This is an array of layered
alloys or metals of 40-76 percent tungsten, 10-37 percent iron, 9-16
percent copper, and 5-7 percent nickel. TICN shot has a density ranging
from 10.0 to 14.0 grams per cubic centimeter (g/cm3), is
noncorrosive, and is magnetic. Spherical Precision estimates that the
volume of TICN shot for use in hunting migratory birds in the United
States will be approximately 50,000 pounds (lb) (22,700 kilograms (kg))
during the first year of sale, and perhaps 100,000 lb (45,400 kg) per
year thereafter.
ITN Alloys
ENVIRON-Metal of Sweet Home, OR, submitted Iron-Tungsten-Nickel
(ITN) alloys, which are cast alloys containing 10-70 percent iron, 20-
70 percent tungsten, and 10-40 percent nickel. The proposed shot types
have densities ranging from about 8.5 to about 13.5 g/cm3.
The compositions of the alloys were shown in the proposed rule (70 FR
49541).
ENVIRON-Metal estimated that the yearly volume of ITN shot types
with densities between those of steel (7.86 g/cm3) and lead
(11.3 g/cm3) expected for use in hunting migratory birds in
the United States is approximately 200,000 lb (113,500 kg) during the
first year of sale. In the second year and beyond, sales upwards of
500,000 lb (227,000 kg) per year are anticipated. ITN shot types with
densities greater than that of lead may ultimately attain sales levels
of 1,000,000 lb (454,000 kg) per year.
TB Shot
The Olin Corporation of East Alton, IL, submitted Tungsten-Bronze
(TB) shot for approval. This is a sintered
[[Page 4296]]
composite with an average composition of 60 percent tungsten, 35.1
percent copper, 3.9 percent tin, and 1 percent iron. The copper and tin
make up 39 percent of the shot as a 90:10 ratio, respectively, in the
form of a bronze alloy. The shot has a density of 12.0 g/
cm3, compared to 11.1-11.3 g/cm3 for lead, and
7.9 g/cm3 for steel. Olin estimated that the yearly volume
of the TB shot in hunting migratory birds in North America will be
approximately 300,000 lb (136,200 kg).
TTI Shot
Tungsten-Tin-Iron (TTI) shot, submitted by Nice Shot, Inc., of
Albion, PA, is a cast alloy composed of 58 percent tungsten, 38 percent
tin, and 4 percent iron. This shot type has a density of 11.0 g/
cm3. Nice Shot, Inc. estimated that approximately 5,000 lb
(2,270 kg) of TTI shot are expected to be sold for use in hunting
migratory birds in the United States during the first year of sale. TTI
shot contains less than 1 percent lead, and will not be coated.
Each of the four shot types has a residual lead level of less than
1 percent. To inhibit corrosion, TICN shot may be coated with tin,
copper, or both, and ITN shot may be surface-coated with thin
petroleum-based films. Neither TB nor TTI shot will be coated.
In current 50 CFR 20.21(j)(1), the percent composition by weight
for tunsten-tin-bismuth is ``49-71 tungsten, 29-51 tin; 0.5-6.5
bismuth, 0.8 iron''. The proposed rule presented this same formulation.
However, because we have already approved shot types of 100 percent of
each of these metals, we now approve any alloys of them. Therefore, the
rule text now reflects that the percent composition by weight for
tungsten-tin-bismuth alloys is now ``any proportions of tungsten, tin,
and bismuth''.
Effects of the Approvals on Migratory Waterfowl
Approving additional nontoxic shot types will likely result in a
minor positive long-term impact on waterfowl and wetland habitats.
Approval of the four shot types and additional alloys as nontoxic would
have a positive impact on the waterfowl resource.
Cumulative Impacts
We foresee no negative cumulative impacts of approval of the four
shot types and the additional alloys for waterfowl hunting. Their
approval should help to further reduce the negative impacts of the use
of lead shot for hunting waterfowl and coots.
Literature Cited
Anderson, W. L., S. P. Havera, and B. W. Zercher. 2000. Ingestion of
lead and nontoxic shotgun pellets by ducks in the Mississippi
flyway. Journal of Wildlife Management 64:848-857.
Garrettson, P. R., T. J. Moser, and K. Wilkins. 2005. Waterfowl
population status, 2005. U.S. Fish and Wildlife Service, Washington,
D.C.
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 regulations for implementing NEPA
(40 CFR parts 1500-1508), though all of the metals in these shot types
have been approved in other shot types and are not likely to pose
adverse toxicity effects on fish, wildlife, their habitats, or the
human environment, we have completed Final Environmental Assessments
and found no significant environmental impact from this action.
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.'' We have concluded that because all of the
metals in these shot types have been approved in other shot types and
will not be released to the environment (dissolved from the shot) by
any of them, the metals will not be available to biota in significant
amounts due to use of any of the four shot types. Therefore, this
action will not affect endangered or threatened species.
Executive Order 12866
This rule is not a significant regulatory action subject to Office
of Management and Budget (OMB) review under Executive Order 12866. This
rule will not have an annual economic effect of $100 million or more or
adversely affect an economic sector, productivity, jobs, the
environment, or other units of government. Therefore, a cost-benefit
economic analysis is not required. This action will not create
inconsistencies with other agencies' actions or otherwise interfere
with an action taken or planned by another agency. No other Federal
agency has any role in regulating nontoxic shot for migratory bird
hunting. The action is consistent with the policies and guidelines of
other Department of the Interior bureaus. This action will not
materially affect entitlements, grants, user fees, loan programs, or
the rights and obligations of their recipients because it has no
mechanism to do so. This action will not raise novel legal or policy
issues because the Service has already approved several other nontoxic
shot types.
Regulatory Flexibility 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 economic impact on a substantial number of small
entities, which include small businesses, organizations, or
governmental jurisdictions. This rule approves four additional types of
nontoxic shot that may be sold and used to hunt migratory birds. We
have determined, however, that this rule will have no effect on small
entities since the approved shot merely will supplement nontoxic shot
types already in commerce and available throughout the retail and
wholesale distribution systems. We anticipate no dislocation or other
local effects, with regard to hunters and others.
Small Business Regulatory Enforcement Fairness Act
This rule is not a major rule under 5 U.S.C. 804(2), the Small
Business Regulatory Enforcement Fairness Act. This rule will not have
an annual effect on the economy of $100 million or more; will not cause
a major increase in costs or prices for consumers, individual
industries, Federal, State, or local government agencies, or geographic
regions; and does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
U.S.-based enterprises to compete with foreign-based enterprises.
Paperwork Reduction Act
An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information unless it displays a
currently valid OMB control number. We have examined this regulation
under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501) and found it
to contain no new information collection requirements. OMB has assigned
control number 1018-0067 to the collection of information that shot
manufacturers are required to provide to us for the nontoxic shot
approval process. This approval expires December 31, 2006. For further
information, see 50 CFR 20.134.
[[Page 4297]]
Unfunded Mandates Reform
We have determined and certify pursuant to the Unfunded Mandates
Reform Act, 2 U.S.C. 1502 et seq., that this rulemaking will not
significantly or uniquely affect small governments or produce a Federal
mandate of $100 million or more in any given year. Therefore, this rule
does not constitute a significant regulatory action under the Unfunded
Mandates Reform Act.
Civil Justice Reform--Executive Order 12988
In promulgating this rule, we have determined that these
regulations meet the applicable standards provided in Sections 3(a) and
3(b)(2) of Executive Order 12988.
Takings
In accordance with Executive Order 12630, this rule, authorized by
the Migratory Bird Treaty Act, does not have significant takings
implications and does not affect any constitutionally protected
property rights. This rule will not result in the physical occupancy of
property, the physical invasion of property, or the regulatory taking
of any property. A takings assessment is not required.
Federalism Effects
This rule does not have a substantial direct effect on fiscal
capacity, change the roles or responsibilities of Federal or State
governments, or intrude on State policy or administration. In
accordance with Executive Order 13132, this regulation does not have
significant federalism effects, nor does it have sufficient federalism
implications to warrant the preparation of a Federalism Assessment.
Government-to-Government Relationship With Tribes
In accordance with the President's memorandum of April 29, 1994,
``Government-to-Government Relations with Native American Tribal
Governments'' (59 FR 22951) and 512 DM 2, we have determined that this
rule has no effects on Federally recognized Indian tribes.
List of Subjects in 50 CFR Part 20
Exports, Hunting, Imports, Reporting and recordkeeping
requirements, Transportation, Wildlife.
0
For the reasons discussed in the preamble, we amend part 20, subchapter
B, chapter I of Title 50 of the Code of Federal Regulations as follows:
PART 20--[AMENDED]
0
1. The authority citation for part 20 continues to read as follows:
Authority: 16 U.S.C. 703-712; 16 U.S.C. 742a-j; Pub. L. 106-108.
0
2. Section 20.21 is amended by revising paragraph (j) to read as
follows:
Sec. 20.21 What hunting methods are illegal?
* * * * *
(j) While possessing loose shot for muzzle loading or shotshells
containing other than the following approved shot types.
------------------------------------------------------------------------
Percent composition Field testing device
Approved shot type * by weight **
------------------------------------------------------------------------
bismuth-tin................. 97 bismuth, 3 tin... HOT*SHOT[reg]. ***
iron (steel)................ iron and carbon..... Magnet or
HOT*SHOT[supreg].
iron-tungsten............... any proportion of Magnet or
tungsten, >=1 iron. HOT*SHOT[supreg].
iron-tungsten-nickel........ >=1 iron, any Magnet or
proportion of HOT*SHOT[supreg].
tungsten, up to 40 **
nickel.
tungsten-bronze............. 51.1 tungsten, 44.4 Rare Earth Magnet.
copper, 3.9 tin,
0.6 iron and 60
tungsten, 35.1
copper, 3.9 tin, 1
iron.
tungsten-iron-copper-nickel. 40-76 tungsten, 10- HOT*SHOT[supreg] or
37 iron, 9-16 Rare Earth Magnet.
copper, 5-7 nickel.
tungsten-matrix............. 95.9 tungsten, 4.1 HOT*SHOT[supreg].
polymer.
tungsten-polymer............ 95.5 tungsten, 4.5 HOT*SHOT[supreg].
Nylon 6 or 11.
tungsten-tin-iron........... any proportions of Magnet or
tungsten and tin, HOT*SHOT[supreg].
>=1 iron.
tungsten-tin-bismuth........ any proportions of Rare Earth Magnet.
tungsten, tin, and
bismuth..
tungsten-tin-iron-nickel.... 65 tungsten, 21.8 Magnet.
tin, 10.4 iron, 2.8
nickel.
------------------------------------------------------------------------
* Coatings of copper, nickel, tin, zinc, zinc chloride, and zinc chrome
on approved nontoxic shot types also are approved.
** The information in the ``Field Testing Device'' column is strictly
informational, not regulatory.
*** The ``HOT*SHOT'' field testing device is from Stream Systems of
Concord, CA.
* * * * *
Dated: January 13, 2006.
Paul Hoffman,
Assistant Secretary for Fish and Wildlife and Parks.
[FR Doc. 06-745 Filed 1-25-06; 8:45 am]
BILLING CODE 4310-55-P
