The Policy and Legislative Dimensions of Nontoxic Shot and Bullet Use in North America

Abstract

This paper addresses the policy and legislative considerations for moving North American society towards the use of nontoxic shot and bullets for all types of hunting and shooting. Progress in one or more areas of lead use reduction by society has not facilitated transitions in other areas of lead use, and the two solitudes of conservationists (anti-lead) and hunters (pro-lead) is real. Regulators must emphasize the gains in wildlife to both constituencies that will attend adoption of nontoxic products. Sixteen years of nontoxic shot use in waterfowl hunting is the most cost-effective conservation tool to date in conserving waterfowl populations. Similar savings could be expected from the use of lead-free shot such as for hunting migratory doves and upland birds. New ballistic materials are available for use on upland species, and in all gauges of modern and old guns. Industry has adapted materials for use in rifle cartridges of varying calibers. Although industry has responded well to the quest for nontoxic ballistic materials, industry requires enforceable regulations to create and assure the market demand for their products. Different policy and legislative options are presented. Regulatory progress would best be based on precedents under the Migratory Bird Treaty Act, entailing its application to species that fall under federal jurisdiction. The use of this Act would constitute the rationale for Canada to implement similar provisions for the same species under its Migratory Birds Convention Act. Individual states and provinces could then be petitioned to adopt complementary measures for hunting upland bird and mammalian species that fall under their jurisdiction. The development of nontoxic bullets for big game hunting could also be applied to the smaller caliber lead bullets used for small mammals, because they constitute a source of secondary lead poisoning of carrion feeders. Any legislation developed to phase out all lead use must be harmonized between the USA and Canada, and among the states and provinces to ensure consistency of regulation and its application. Progress in this task has to be based on the premise that use of nontoxic materials benefits all wildlife, the sport of proactive hunters, and society that experiences less lead in the environment.

Lead-Free Hunting Rifle Ammunition: Product Availability, Price, Effectiveness, and Role in Global Wildlife Conservation

“…Accordingly, regulations would have to be developed by individual states/provinces. This could produce a mosaic of different approaches, as exists for use of lead-free gunshot in upland hunting (Thomas 2009). Even where state legislation is essential to assist recovery of endangered California Condors, only California has created law.…”

“…Even where state legislation is essential to assist recovery of endangered California Condors, only California has created law. Arizona has a voluntary use of lead-free rifle ammunition, and Utah has neither (Thomas 2009). However, where lead-free ammunition is required (since 2007) in parts of California, there has been a significant decline in the blood lead levels of golden eagles (Aquila chrysaetos) and turkey vultures (Cathartes aura) (Kelly et al 2011), so the regulation is producing the desired effect.…”

“…They comprise Sweden and Mauritania (Avery and Watson 2009), the island of Hokkaido, Japan (Saito 2009), and some parts of Germany (Krone et al 2009). Lead poisoning of California Condors (Gymnogyps californianus) led to passage of the Ridley-Tree Condor Preservation Act by the State of California in 2007, requiring use of non-toxic ammunition by hunters in the range of this species (Thomas 2009). Passage of that law was predicated on the existence of non-toxic rifle bullets and shotgun ammunition.…”

Limitations of European Union policy and law for regulating use of lead shot and sinkers: comparisons with North American regulation

“…By contrast, the USA and Canada regulated use of non-toxic shot for migratory bird hunting nation-wide in 1991 and 1999, respectively. Lead-free fi shing weights are required in all Canadian national parks and some US parks, and 24 US states now require use of non-toxic shot for upland game hunting (Thomas, 2009).…”

“…Advocating adoption of lead substitutes has to prove that their use benefi ts wildlife populations and realizes policy goals, because this is always the fi rst question posed by regulators (Thomas, 2009). The US national ban on use of lead shot for waterfowl hunting in 1991 has been very successful in preventing lead toxicosis.…”