Lead Ban in Minnesota?

  • mahumba
    Thunder Bay Ontario, Canada
    Posts: 52
    #1313966

    I just read in our local paper (Thunder Bay Ontario) that a bill is on it’s way to being passed to ban lead use for fishing in Minnesota. Can anyone elaborate?
    I was just wondering what will happen to the tackle giants there. Will they move outta state or will they switch material?

    Anyone know?

    This is of great interest to me as once Minnesota follows through with it won’t be long before everyone else does including Canada.

    Roger Mayer.

    riverfan
    MN
    Posts: 1531
    #250751

    See the post on page 2 of this forum. There are some links with more information.

    mahumba
    Thunder Bay Ontario, Canada
    Posts: 52
    #250753

    Thanks Riverfan,

    I knew the impact on water fowl, I was just wondering the impact on the tackle manufacturers there.

    Anyone know?

    Roger Mayer.

    riverfan
    MN
    Posts: 1531
    #250769

    Here is what I know so far:

    Senators Solon, Bakk, Murphy and Tomassoni introduced;
    S.F No. 23, as introduced: 83rd Legislative Session (2003-2004) Posted on
    Jan 8, 2003
    1.1 A bill for an act
    1.2 relating to game and fish; prohibiting the sale and
    1.3 use of lead sinkers; proposing coding for new law in
    1.4 Minnesota Statutes, chapter 97C.
    1.5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF MINNESOTA:
    1.6 Section 1. [97C.316] [LEAD SINKERS; USE AND SALE
    1.7 PROHIBITED.]
    1.8 An angler may not use a lead sinker to take fish on any
    1.9 waters lying wholly within the state or any portion of boundary
    1.10 waters within the jurisdiction of the state. A person may not
    1.11 sell or offer to sell a lead sinker in the state. For purposes
    1.12 of this section, lead sinker; means a device that:
    1.13 (1) contains lead;
    1.14 (2) weighs one ounce or less;
    1.15 (3) is designed to be attached to a fishing line; and
    1.16 (4) is intended to sink the fishing line.

    If I’m interpreting this correctly it would include jigs, sonars, spinnerbaits, and anything that contains lead to take it to depth. As far as the economic impact I know 3 guys who supplement their retirement by making and selling jigs etc. The big picture is beyond my scope but I’m sure its well into the millions.

    riverfan
    MN
    Posts: 1531
    #250778

    Some more

    The Practical Biological Impacts of Banning Lead Sinkers for Fishing

    Position of the American Sportfishing Association
    December 4, 2002

    Issue
    Mortality in some waterfowl species has been linked to ingestion of
    lead fishing sinkers and has prompted several states to impose bans on
    the sale or use of lead sinkers. In response, the American Sportfishing
    Association has reviewed the existing science on the effects of lead on
    waterfowl populations to ensure further regulatory action is based upon
    the best available information.

    Background

    The most publicized instance of lead poisoning (toxicosis) in
    wildlife is the well-documented death of significant numbers of dabbling
    ducks from ingestion of spent lead shotgun pellets expended over water.
    Lead shot was shown to cause at least two million waterfowl deaths each
    year, and significantly affected duck populations nationwide, before
    lead shot restrictions were enacted and alternatives developed.
    Deliberations on the science, economic, and social impacts of a
    possible lead shot ban were thorough and involved all possible
    stakeholders including industry, sportsmen, environmentalists, and
    scientists. Key for the shooting sports industry was finding a
    substitute that had comparable ballistics to lead and did not cause an
    unacceptable crippling rate. In the end, the protracted discussion and
    depth of research stemming from that issue ultimately resulted in
    federal regulations that prohibited use of lead shot for waterfowl
    hunting in all 50 states (enacted in 1986 for phased implementation by
    1991).
    As early as 1988, some loon advocacy groups expressed concern about
    the death of waterfowl, especially common loons (Gavia immer), from the
    ingestion of lead fishing sinkers. However, it was not until 1994 when
    the Environmental Protection Agency (EPA) offered a proposed rule
    banning the nationwide use of lead and zinc sinkers for fishingthat the
    issue gained national attention. The final rule would have prohibited
    “all persons from: 1) manufacturing, 2) processing, 3) distributing
    (selling), and 4) importing any lead- or zinc-containing fishing sinker
    (including brass) that is one inch or under in any dimension.” The
    proposal caused immediate public opposition and was in fact responsible
    for elicitingthe largest number of comments on an EPA draft rule to
    date. The EPA subsequently withdrew the rule because of insufficient
    data to support its supposition that lead sinkers were adversely
    affecting water bird populations.
    The enactment of new federal regulations banning the use of lead
    shotgun pellets had set the stage for further investigations into the
    effects of lead fishing tackle on wildlife, especially common loons
    (Gavia immer)in New England. In 1992, a study released by Tufts
    University School of Veterinary Medicine professor Mark Pokrus indicated
    approximately 50 percent of loons brought to the school for necropsy had
    likely died from ingestion of lead sinkers.1 This study became
    thedriving force behind the effort to ban lead fishing sinkers.
    Ever since the Pokrus assertion that loons are at risk from lead
    sinkers, states within the summer breeding range of common loons have
    experienced increasing pressure from loon advocacy groups to ban lead
    sinkers, especially small split shot under ½ ounce in weight. Smaller
    lead sinkers are targeted because they may approximate the size of
    gravels ingested by loons to aid in their digestive process. Indeed,
    citing the Pokrus study as evidence, the state of New Hampshire in 1998
    (effective in 2000) became the first state to ban the use of lead
    sinkers. New Hampshire was soon followed by Maine in 2001 (effective
    January 1, 2002) and most recently New York in 2002 (effective May
    2004). In general these states have banned the sale of lead sinkers ½
    ounce or less, with the exception of New Hampshire that prohibits the
    use of lead sinkers up to one ounce and lead jigs up to one inch in
    length. While each state has taken a different legislative approach,
    the background material furnished to legislators to substantiate the ban
    has generally been the same study by Pokrus.

    Different Cases: Lead Shot vs. Fishing Sinkers
    Although the shotgun pellet and fishing sinker issues may appear
    similar, the quality and scope of the scientific data make each case
    remarkably different. In determining the impact of spent shotgun shells
    on waterfowl, a nationwide effort covering several years and samples
    from millions of waterfowl was conducted. Evidence from the research
    was scrutinized closely by hunters and the general public and ultimately
    proved, under close scientific review, that lead toxicosis from spent
    shotgun pellets shot over shallow water was a significant mortality
    factor affecting waterfowl populations.
    Meanwhile, the most commonly cited evidence for sinker bans
    remains Pokrus’ decade-old paper dealing with loon mortality from lead
    fishing sinkers. Despite data for this paper being limited in sample and
    geographic scope, its sweeping conclusion is that lead sinkers have the
    same potential to cause lead poisoning in aquatic species as shotgun
    pellets spent over water.
    To fully understand the inherent difference between the two cases,
    one must contrast the number of lead sinkers introduced to a body of
    waterversus the number of spent shotgun pellets. One single shell shot
    over water expends approximately 225 to 430 small lead pellets into the
    water, depending on the load, gun gauge, and shot size chosen by the
    hunter. Over the course of a waterfowl season, millions of lead pellets
    may be introduced to a body of water. This in turn leads to an
    increased chance of dabbling ducks, and other water birds, mistakenly
    ingesting the lead pellets as they select small rocks or grit to assist
    with their digestive process.
    In contrast, it is not predetermined that any lead fishing sinkers
    will be left in the water, although it is likely that some will be lost
    over the course of a season. Fishing sinkers are reusable and unless
    the line snags on an obstruction or is broken by a fish, the lead is
    typically not left in the body of water. As a result, the opportunity
    for ingestion of lead sinkers by water birds is greatly lessened by
    virtue of there being far fewer lead sinkers introduced to the body of
    water.
    This is supported by research conducted during the shotgun pellet
    debate. Thousands of birds were examined and except for a very few “hot
    spots” where a concentrated fishing effort occurred in waters frequented
    by bottom feeding birds, the incidence of ingested lead sinkers by
    waterfowl was incidental to non-existent.2

    A Note On Management
    A central tenant of fish and wildlife management is management for
    the optimal overall population level, not for the well being of any one
    individual. Simply put, sustaining populations is the goal of fisheries
    and wildlife management, not sustaining individuals. Mortality caused
    by human factors certainly can and should be controlled where necessary
    to benefit the health of a population. In populations of all living
    organisms there are known causes of mortality that contribute to the
    dynamics of the population. Some types are compensatory while others
    are supplemental. When a specific mortality level that is caused by man
    and can be controlled is a demonstrated threat to the sustainability of
    that species or group of species (an example of supplemental mortality),
    then action is taken to minimize that threat. The prohibition of lead
    shot shells for hunting waterfowl over water is an example of such an
    action.

    Lead Sinker Impact on Loons
    It is not disputed that lead toxicosis may harm or kill loons and
    other water birds. This fact is well documented. The pivotal question
    is: are loon populations, and populations of other water birds,
    significantly reduced by lead sinker ingestion? Or phrased in a more
    comprehensive fashion: is mortality from lead toxicosis in loons and
    other water birds high enough to threaten self-sustaining loon
    populations? Based on available research the answer to both of these
    questions is no.
    This determination is based on a comprehensive 1999 study
    requested by the U.S. Fish and Wildlife Service, Division of Federal Aid
    and conducted by the National Wildlife Health Research Center in
    Madison, Wisconsin. In this under- reported study, liver, blood,
    stomach, and radiograph samples were taken from 2,749 individual birds
    of 30 species, a significantly greater sample size than Pokrus studied.
    In addition, necropsy records of 36,671 waterbirds and bald eagles
    (Haliaeetus leucocephalus) from the files of the National Wildlife
    Health Center from the years 1975 through 1999 were examined.
    The results showed that only 3.5% of common loons (from a sample
    of 313) had ingested lead sinkers and just 27 of 36,671 waterbird and
    bald eagle carcasses (0.007%) contained ingested lead sinkers 3
    The Fish and Wildlife Service study went on to reexamine the
    results of the Pokrus research on loons and lead sinker ingestion as
    well as five other related studies. The determination was that “[t]hese
    data are insufficient to evaluate the role of lead poisoning as a
    proportional cause of mortality in this species, or its role in
    population dynamics. Likewise, there is insufficient data to understand
    the importance of this form of lead poisoning in other species in which
    it has been documented in the U.S?”
    Lead poisoning, when occurring in larger birds, causes the bird to be
    more noticeable, more vulnerable to capture, and more likely to be
    brought forward for examination, thus causing examination in a
    disproportionate frequency in relation to the actual mortality of the
    population. 2 Samples collected over a wide geographic area and
    involving many specimens, such as occurred in the National Wildlife
    Health Center report, provide a more accurate profile of the actual
    occurrences in the wild.
    An examination of the proceedings of a symposium given at the 115th
    meeting of the American Ornithologists’ Union in August of 1997 further
    bolsters the conclusion that lead sinker ingestion is not a significant
    factor in the health of common loon populations. 4
    · The largest U.S. breeding populations are found in Minnesota (over
    4,600 pairs) and range to just over 100 territorial pairs in New
    York, Michigan, and New Hampshire.
    · Canada (being the core of the breeding range) has the largest
    number of pairs (213,400).
    · The population trend of common loons in the U.S. is stable to
    increasing in 12 of the 14 states where pairs occur.
    · The two states where the population is decreasing are Michigan and
    Montana.
    · In the United States loon populations are increasing in areas
    where they were extirpated and recolonizing in the New England
    states.

    In the two states where decreasing populations were noted there are
    significant points to consider. In Michigan non-breeding pairs
    congregate from the entire Great Lakes region and this results in a
    larger number of adult loons summering in Michigan as unpaired,
    therefore not counted in the Michigan data of territorial pairs. Within
    the breeding range of the common loon, Montana’s population is
    disjunctive and most loon habitat is in valleys subject to development
    and habitat disturbance.4 This evidence does not support the
    proposition that lead sinker ingestion is placing loon populations at
    risk.
    In a separate request, the National Wildlife Health Center asked
    the Arizona Cooperative Fish and Wildlife Research Unit at the
    University of Arizona to estimate the impact of lost or discarded
    terminal fishing tackle on waterbirds. This limited and smaller scale
    study examined 15 sites “to assess the availability of lead sinkers,
    other fishing tackle and potentially harmful trash (e.g. plastics) to
    waterbirds at selected geographic areas?” It concluded “ecause of
    the general lack of evidence of ingestion of sinkers by waterbirds
    across the United states, there may be little obvious justification for
    a nationwide ban on lead sinkers.” 3

    Conclusion
    Based on a review of the impact of lead sinkers on water bird
    populations, the American Sportfishing Association has found that
    insufficient data exists to warrant statewide bans on lead sinkers used
    for fishing. Further, the American Sportfishing Association has found
    that loon populations in the lower 48 states are stable and increasing
    in most cases, but that loon populations are subjected to substantial
    threats such as habitat loss through shoreline development.
    The American Sportfishing Association acknowledges that lead
    toxicosis can kill water birds and lead fishing sinkers may contribute
    to this mortality. The American Sportfishing Association recommends that
    before further laws are enacted to restrict lead sinkers for fishing on
    a statewide basis, sufficient data must exist to demonstrate discarded
    lead sinkers are an actual threat to the sustainability of loons or
    other water bird populations. The American Sportfishing Association
    realizes that certain waters may be “hot spots” for ingestion of sinkers
    by water birds and encourages any restrictions of lead sinkers in those
    waters to be based on sound science that supports the appropriate action
    for that water body.
    Furthermore, the American Sportfishing Association continues to
    encourage and supports voluntary angler education programs for the use
    and proper disposal of lead sinkers and urges state and federal fish and
    wildlife agencies to do the same. The American Sportfishing Association
    would be pleased to work with any federal or state agency, or the
    International Association of Fish and Wildlife Agencies, that wishes to
    address this issue.

    1 Pokras, M.A. and Chafel. 1992. Lead toxicosis from ingested fishing
    sinkers in common loons (Gavia immer) in New England Journal of Zoology
    and Wildlife Medicine 23(1):92-97.

    2 Peterson, R. M., International Association of Fish and Wildlife
    Agencies in comments to the U.S. Environmental Protection Agency on the
    proposed rule on lead fishing sinkers. December 1, 1994.

    3 U.S. Geological Survey, National Wildlife Health Research Center.
    December 1999. Prevalence and effects of lead poisoning resulting from
    ingestion of lead fishing sinkers and other fishing tackle on selected
    avian species.

    4 McIntyre, JW and DC Evers (eds). 2000. Loons: Old history and new
    findings. Proceedings of a Symposium from the 1997 meeting, American
    Ornithologists’ Union. North American Loon Fund, Holdernes, N.H.

    thumperw
    White Bear Lake, MN
    Posts: 93
    #250985

    Thanks for the post, Riverfan. Some excellent data in there.

    One other difference between shotshell lead and angling lead – shotshells are used extensively in areas frequented by waterfowl and in shallow water. Angling lead is used much less frequently in shallow water that is accessable to feeding waterfowl.

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