State lawmakers have taken legislative action to protect wildlife, including birds such as loons and swans, from lead poisoning. We have seen states pass laws banning lead sinkers or painted lead jigs. In Maine, lead fishing gear was the leading cause of death for loons until lawmakers banned bare sinkers and jigs a decade ago. Nationally, 20–25% of adult loon deaths are due to lead poisoning by ingesting lead tackle through various means. According to the U.S. Fish & Wildlife Service, loons consume fish with lead tackle attached to them, mistaking jigs and sinkers for pebbles they ingest to help digest food and directly going after fishing tackle as anglers reel them in.
As with most issues, however, there are opponents to legislative actions like this. Opponents of lead fishing tackle bans argue that there is insufficient evidence of population-level harm to wildlife. Bans could harm state conservation efforts and raise costs for hunters and anglers.
Maine’s Lead Tackle Ban and Loon Protection Efforts
On June 20, 2023, Maine Governor Janet Mills (D) signed LD 958 into law, banning the sale and use of certain painted lead jigs. The Act prohibits painted lead jigs weighing one ounce or less or measuring 2.5 inches or less in length. Maine law previously banned the sale and use of lead sinkers or bare lead jigs weighing one ounce or less or measuring 2.5 inches or less. The law prohibits the sale of painted lead jigs starting September 1, 2024, and bans use beginning September 1, 2026.
Minnesota’s Lead Tackle Reduction Program and Swan Protection
In 2023, Minnesota lawmakers introduced HF 2368 and SF 2204 to establish the Minnesota Swan Protection Act. In addition to designating swan resting areas, the bills prohibited people from using lead sinkers on waters designated as swan resting areas. The bills further appropriated $1 million from Minnesota’s general fund to the Pollution Control Agency for a lead tackle reduction program.
The Minnesota House of Representatives included provisions of the bills in an expansive energy and environment bill, HF 2310, which Governor Tim Walz (D) approved in May 2023. Namely, the bill appropriated $1 million for the first year of a lead tackle reduction program, available until June 30, 2027. According to the bill, the program would provide outreach, education, and opportunities to safely dispose of and exchange lead tackle in Minnesota.
Minnesota’s Pollution Control Agency already has a “Get the Lead Out” rebate program that provides a 45% rebate on purchases of lead-free tackle to owners and operators of brick-and-mortar retail establishments that sell fishing bait and tackle in the state.
Congressional Action to Ban Federal Lead Restrictions
In contrast to those state measures, H.R. 615, the Protecting Access for Hunters and Anglers Act of 2023, has been touted as a defense of traditional hunting and angling. Narrowly passed in the U.S. House 214–201 in April 2024, the bill would bar the Department of the Interior (DOI) and the Department of Agriculture (USDA) from prohibiting or regulating the use of lead ammunition or tackle on federal land or water made available for hunting or fishing. The measure would allow an exemption for a specific unit of federal land or water if DOI or USDA determine a decline in wildlife population at that location is mainly caused by the use of lead in ammunition or tackle, and the ban is consistent with state law or policy. The department would have to include a notice in the Federal Register of an exemption that meets the requirements.
The proposed legislation, which has a companion bill in the U.S. Senate, S. 1185, is in response to a U.S. Fish and Wildlife Service rule finalized in October 2023 that prohibits lead ammunition and tackle in specified national wildlife refuge areas beginning September 1, 2026. A House Natural Resources Committee report found that lead ammunition and tackle were poisoning a wide variety of U.S. wildlife, including loons and even bald eagles.
Nevertheless, several shooting and angling groups have expressed concerns that proposed lead-based ammunition and tackle restrictions could limit participation by requiring hunters and anglers to purchase non-toxic but more expensive copper, steel, and tungsten equipment.
The House and Senate bills both awaited further consideration by the Senate Committee on Environment and Public Works.
From The Experts
Expert insights from the authors at Duane Morris Government Strategies.
Ryan Stevens
While lead tackle bans aim to protect species like loons and swans from the dangers of lead poisoning, the long-term effects on wildlife populations and outdoor recreation participation are still debated. Both conservationists and sportsmen stress the need for careful consideration of scientific evidence and economic impacts when implementing such measures.
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