Government Affairs
Lead In Fishing Tackle
The Issue
Mortality in some waterfowl species, notably the common loon, has been linked to ingestion of lead fishing tackle and has prompted the imposition of bans on the sale and/or use of lead fishing tackle in several states and on National Park Service lands. There is also an ongoing push from conservation groups to get the Environmental Protection Agency (EPA) to impose a federal ban on all lead fishing tackle.
The American Sportfishing Association (ASA) reviewed the existing science on the effects of lead on waterfowl populations to ensure further regulatory action is based upon the best available information. Click here to read ASA’s scientific review of the issue.
ASA’s Position
Based on a review of the impact of lead fishing tackle on waterbird populations, ASA has found that insufficient data exists to warrant state or federal bans on lead fishing tackle. Further, the loon populations in the U.S. and Canada are stable and increasing throughout the majority of their range. In general, loon populations, as well as other waterfowl species, are subject to much more substantial threats such as habitat loss through shoreline development, disease and predators.
Depending on the alternative metal and current prevailing raw material costs, non-lead fishing tackle products can cost from ten to 20 times more than lead products. 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 and costly changes from both the industry and anglers.
ASA acknowledges that lead toxicosis can kill water birds and lead fishing tackle may contribute to this mortality. ASA recommends that before further laws are enacted to restrict lead fishing tackle on a state or national basis, sufficient data must exist to demonstrate that discarded lead tackle is an actual threat to the sustainability of loon or other waterbird populations. ASA realizes that certain waters may be "hot spots" for ingestion of fishing tackle by waterbirds and encourages any restrictions of lead fishing tackle in those waters to be based on sound science that supports the appropriate action for that water body.
Furthermore, ASA continues to encourage and support voluntary angler education programs for the responsible use and proper disposal of lead fishing tackle and urges state and federal fish and wildlife agencies to do the same.
Status of Lead Fishing Tackle Restrictions
In August 2010, the EPA was petitioned by the Center for Biological Diversity and four other organizations to ban all lead in fishing tackle and ammunition under the Toxic Substances Control Act (TSCA). On August 27, the EPA denied the petition as it related to ammunition because it is exempted under the TSCA. On November 4, 2010, the EPA rejected the petition’s request to ban lead in all fishing tackle. Opposition from anglers and the sportfishing industry was strong; over 43,000 individuals sent comments requesting dismissal of the petition to EPA Administrator Lisa Jackson through www.KeepAmericaFishing.org.
In dismissing the petition, the EPA indicated that the "petitioners have not demonstrated that the requested rule is necessary to protect against an unreasonable risk of injury to health or the environment, as required by the TSCA." The EPA also cited state-specific actions and the increasing education and outreach activities being undertaken, stating that those actions "…call into question whether a national ban on lead in fishing gear would be the least burdensome, adequately protective approach to address the concern, as called for under TSCA."
Despite the EPA’s findings that a national ban is scientifically unjustified and outside the agency’s jurisdiction; the petitioners are currently challenging this decision in court, demonstrating the need to legislatively protect one of our nation’s greatest pastimes from unwarranted and burdensome regulation.
On April 14, 2011, the Hunting, Fishing and Recreational Shooting Sports Protection Act (S. 838 and H.R. 1558) was introduced into both chambers of Congress by the chairs of the Congressional Sportsmen's Caucus - Senators Jon Tester (D-MT) and John Thune (R-SD) and Representatives Jeff Miller (R-FL) and Mike Ross (D-AR). This legislation will prevent a federal ban on lead in recreational fishing tackle by clarifying the TSCA exemption for ammunition and establishing a similar exemption for fishing tackle. The Hunting, Fishing and Recreational Shooting Sports Protection Act will put an end to attempts to overregulate the recreational fishing and hunting industries and protect the rights of anglers and hunters who choose to sustainably enjoy their sports. ASA encourages all members to send a letter to their Members of Congress in support of this important legislation.
In addition to ongoing attempts to impose a national ban on lead fishing tackle, several states and federal agencies have already implemented bans on lead fishing tackle and some other states and federal agencies are currently considering bans. Here is a current list of current and proposed bans on lead fishing tackle:
- New Hampshire was the first state to ban the use of lead sinkers. Legislation passed in 1998 (effective in 2000). The legislation prohibits the use of lead sinkers in lakes and ponds up to one ounce and lead jigs up to one inch in length. Later expanded the legislation to include all waters of the state.
- Maine passed legislation in 2001 (effective January 1, 2002) to ban the sales of lead sinker ½ ounce or less.
- New York passed legislation in 2002 (effective May 2004) that bans the sale of lead sinkers to the end user.
- Vermont passed legislation prohibiting the sale (effective January 1, 2006) and use (effective January 1, 2007) of lead fishing sinkers ½ ounce or less. The state implemented a lead sinker education program beginning July 1, 2004.
- Massachusetts has enacted an administrative rule that prohibits the use of lead fishing sinkers and jigs less than 1 ounce in all inland waters of the Commonwealth of Massachusetts (effective January 1, 2012).
- Washington State recently adopted a regulation that prohibits the use of lead fishing weights and jigs that measure 1 ½ inches or less along the longest axis at 12 lakes. The Washington Fish and Wildlife Commission also banned the use of flies containing lead at Long Lake in Ferry County (effective May 1, 2011).
- Connecticut recently had legislation introduced into the state’s Senate to ban the use and sale of the most common lead sinkers and jigs in all state waters. After receiving over 1200 letters in opposition to S.B. 59, legislators have decided not to act on this bill. The Connecticut General Assembly’s 2011 legislative session adjourned in June, but ASA will continue to work with state legislators to ensure that this unwarranted legislation is not reintroduced in the next session.
- The National Park Service (NPS), on March 10, 2009, announced its intention to ban ammunition and fishing tackle with lead components in national parks by 2010. Park Service officials have since stated the ban will apply on the NPS internal operations. In addition, vendors on NPS properties have been directed to no longer purchase and restock recreational fishing products with lead when current inventories are gone. ASA will continue to follow this issue and seek an appropriate rule-making process if the NPS goes forward with a ban on all use of lead fishing tackle.
In addition, Canada’s federal government banned the use of lead fishing sinkers less than 50 grams in national parks and wildlife areas in 1997.
ASA Releases
For more information on the current attempts to federally ban lead fishing tackle, please read ASA’s recent press releases and policy alerts:
