Migratory Bird Hunting; Application for Approval of Tungsten-Iron-Fluoropolymer Shot as Nontoxic for Waterfowl Hunting, 9207 [E9-4455]
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Federal Register / Vol. 74, No. 40 / Tuesday, March 3, 2009 / Proposed Rules
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 12month 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]
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VerDate Nov<24>2008
16:19 Mar 02, 2009
Jkt 217001
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.
PO 00000
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9207
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]
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DEPARTMENT OF COMMERCE
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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
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Commerce.
ACTION: Notice of public hearing; request
for comments.
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[Federal Register Volume 74, Number 40 (Tuesday, March 3, 2009)]
[Proposed Rules]
[Page 9207]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-4455]
-----------------------------------------------------------------------
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-
Iron-Fluoropolymer 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]
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