A petition to the Environmental Protection Agency (EPA) to ban the use of lead in fishing tackle under the Toxic Substance Control Act (TSCA) is being vehemently opposed by sporting groups, reports the Wildlife Management Institute. A similar proposal that would have banned lead ammunition was denied last month, inasmuch as "Bullets and shot, and any lead within them, are contained in shells and cartridges and are therefore excluded from the chemical substance definition," according to EPA.??

In early August, five organizations, including the American Bird Conservancy, Center for Biological Diversity and Public Employees for Environmental Responsibility, submitted a petition to EPA "to revise rules governing toxic substances to ban the manufacture, processing and distribution in commerce of lead shot, bullets, and fishing sinkers." According to the petitioners, up to 20 million birds and other animals are killed each year due to lead poisoning in the United States, and at least 75 wild bird species, including bald eagles, ravens and endangered California condors, are poisoned by spent lead ammunition. They say roughly 3,000 tons of lead are expelled into U.S. hunting grounds annually, with another 80,000 tons released at shooting ranges and another 4,000 tons of lead fishing lures and sinkers are lost in ponds and streams.

Steve Sanetti, President of the National Shooting Sports Foundation (NSSF) countered: "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." NSSF cited U.S. Fish and Wildlife Service data indicating that nesting bald eagle pairs have increased 724 percent in the last 25 years.

In a statement released after the petition, John Frampton, President of the Association of Fish and Wildlife Agencies (AFWA), wrote, "State fish and wildlife agencies have been and will continue to be alert and responsive to managing the use of lead ammunition and fishing tackle where circumstances of exposure threaten the health of fish and wildlife populations. Where specific wildlife health risks have been documented, state agencies have been proactive in enacting regulations and taking steps to reduce impacts of lead to fish and wildlife." A resolution passed by AFWA at its annual meeting last month asserted that regulation of lead ammunition and fishing tackle is best addressed by state rather than federal agencies.

On August 27, Steve Owens, EPA assistant administrator for the Office of Chemical Safety and Pollution Prevention announced, "EPA today denied a petition submitted by several outside groups for the agency to implement a ban on the production and distribution of lead hunting ammunition. EPA reached this decision because the agency does not have the legal authority to regulate this type of product under the Toxic Substances Control Act nor is the agency seeking such authority." Owens further noted, "As there are no similar jurisdictional issues relating to the agency's authority over fishing sinkers, EPA?as required by law?will continue formally reviewing a second part of the petition related to lead fishing sinkers" ammunition, but would continue to solicit public comments on the petition to ban lead sinkers."?

In late September, more than 60 groups sent a letter to the EPA supporting the petition for both lead ammunition and sinkers. However, political leaders in Congress are lining up to oppose the petition. Seventy-eight members of the Congressional Sportsmen's Caucus sent a letter to EPA Administrator Lisa Jackson urging her to dismiss the petition for lead tackle stating, "A similar proposal to ban lead fishing tackle was dismissed by the EPA in the mid-1990's because there was insufficient data to support such a ban?there is no additional data to support a ban today." In addition, Arkansas Senator Blanche Lincoln introduced a bill that would amend the TSCA specifically to exempt lead ammunition and fishing tackle. Georgia Representative Paul Broun introduced a House companion bill that has 30 cosponsors.

EPA is expected to make a decision on the petition by November 1. (jas)