…but fishermen might still have cause for concern:
A flurry of protests followed the U.S. Environmental Protection Agency’s notice on August 24 that it would accept comments on a petition requesting that it ban lead in bullets and shot, as well as in fishing tackle (e.g., lead sinkers). As quickly as the clamor rose, it subsided, when EPA today denied the part of the petition calling for a ban on the production and distribution of lead hunting ammunition. The EPA letter explaining its denial can be found at http://www.epa.gov/oppt/chemtest/pubs/sect21.html.
EPA determined that the agency could not act on the requested ban on lead ammunition because it does not have the legal authority to regulate this type of product under the Toxic Substances Control Act (TSCA) – and stated that it is not seeking such authority.
However, the jurisdictional issue does not affect EPA’s authority over fishing tackle, so the agency will continue to formally review the part of the petition related to lead fishing sinkers. Comments on the petition to ban lead in fishing tackle should be submitted to EPA by September 15. Information on the petition and a form for commenting can be found at http://www.regulations.gov (Docket No. EPA-HQ-OPPT-2010-0681).
Several environmentalist groups led by the Center for Biological Diversity (CBD) had petitioned the EPA to ban lead bullets and shot (as well as lead sinkers for fishing) under the Toxic Substances Control Act (TSCA). Although EPA is barred from controlling ammunition under TSCA, the petitioners wanted to address the lead content earlier in the manufacturing process, noting that the use of lead could be banned because non-lead alternatives are available. Opponents noted that these alternative materials are far more expensive than lead.