A recent petition made to the U.S. Environmental Protection
Agency calls for a nationwide ban on use of lead-based sporting
ammunition and fishing tackle, and a ruling is expected right
before the November election.
A recent petition made to the U.S. Environmental Protection Agency calls for a nationwide ban on use of lead-based sporting ammunition and fishing tackle, and a ruling is expected right before the November election.
Environmental advocacy groups earlier this month petitioned EPA chief Lisa Jackson to ban the use of lead bullets, lead shot and lead fishing sinkers on the grounds that the continued use of lead violates the 1976 Toxic Substance Control Act.
The petition (available for review in PDF format at the EPA website here) argues that lead shot and lead bullet fragments routinely poison scavengers, songbirds, predatory birds, waterfowl and some mammals.
San Benito County residents who hunt in the area are accustomed to such mandates. Nearly three years ago, California legislators approved a ban on lead-based ammunition in the condor range, which includes this county.
According to the petitioners for the nationwide ban, “it is now incontrovertible fact” lead fragments are “a serious source of lead exposure to scavenging animals” and a health risk to humans who eat game killed with lead bullets. In addition, they claim numerous alternatives to lead are available.
The petition was filed under Section 21 of the Toxic Substances Control Act. The petitioners are the Center for Biological Diversity, American Bird Conservancy, Association of Avian Veterinarians, Project Gutpile and Public Employees for Environmental Responsibility.
The petition prompted strong reactions from many sporting groups that oppose the ban as an attack on hunting and fishing or because they feel it lacks justification.
“There is simply no scientific evidence that the use of traditional ammunition is having an adverse impact on wildlife populations that would require restricting or banning the use of traditional ammunition beyond current limitations, such as the scientifically based restriction on waterfowl hunting,” said Steve Sanetti, president of the National Shooting Sports Foundation.
As an example, the number of breeding pairs of bald eagles, a species known to die from lead poisoning, increased 724 percent from 1981 to 2006 in the U.S., according to the U.S. Fish and Wildlife Service.
The toxic nature of lead has long been acknowledged, however.
An estimated 10 million to 20 million birds and other animals die each year from lead poisoning in the United States, according to the Center for Biological Diversity.
The American Sportfishing Association acknowledges lead can kill water birds, and lead sinkers may be part of the cause. But based on a review of the effect of lead sinkers on water bird populations, ASA has found “that insufficient data exists to warrant state or federal bans on lead sinkers used for fishing.”
The group cites stable and increasing populations of loons in the lower 48 states and Canada. In general, loon populations, as well as other waterfowl species, are subject to much more substantial threats such as habitat loss through shoreline development, according to the ASA’s position statement on lead in fishing tackle.
Depending on the alternative metal and current prevailing raw material costs, non-lead fishing tackle products can cost from six to 20 times more than lead products, according to the ASA, and non-lead products may not be as available and most do not perform as well.
Mandatory transitioning to non-lead fishing tackle would require significant changes from both the industry and anglers.
ASA recommends that before additional laws are enacted to restrict lead sinkers for fishing on a state or national basis, sufficient data must exist to demonstrate that discarded lead sinkers are an actual threat to the sustainability of loons or other water bird populations.
The group leaves room, however, for local regulations on “hot spots” if sound science supports such action.
Changes to the use of lead in traditional outdoor sports have precedent. Waterfowl hunters made the transition to non-lead shot nearly two decades ago.
And several northeastern states, starting with New Hampshire in 2000 and then Maine (2002), New York (2004) and Vermont (2007), have total or partial bans on lead sinkers for fishing.
The petition to the EPA is by no means a sure thing. A similar petition in 1992 dealing only with fishing tackle was not approved by the agency.
And the Toxic Substances Control Act exempts ammunition, said Larry Keane, senior vice president and general counsel of the National Shooting Sports Foundation.
“That’s been the law since it was enacted in 1976,” Keane said. “So we think the EPA won’t have legal authority to do what is proposed in the petition.”
Additionally, since the petition applies to civilian target shooting and military and law enforcement uses of ammunition, it will encounter extra heavy opposition, Keane said.
Information compiled from McClatchy-Tribune News contributors, The Milwaukee Journal-Sentinel and The Charleston Gazette.
