Center for Biological Diversity

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Parting Shot At Shooters And Hunters From The Obama Administration

January 20, 2017 by

Yesterday was the last full day of the Obama Administration. It did not pass without a last parting shot by the anti-hunting, anti-shooting so-called environmentalists. US Fish and Wildlife Director Dan Ashe issued a Director’s Order that will ban the use of traditional, lead-based ammunition on Federal lands within five years. Thus it gives groups like the Center for Biological Diversity and Project Gutpile a win that they could not achieve in the courts.

Here in western North Carolina, the few public outdoor ranges that we have are on National Forest land. Checking the prices of copper based .223 ammo versus traditional ammo, the cheapest I can find a box of 20 rounds is for about $17 for copper versus about $6 for Tula or $8,.50 for American Eagle. Forcing shooters to use non-lead ammunition will drive up the cost exponentially and drive people from the shooting sports for economic reasons.


The NSSF is crying foul on this move.

NEWTOWN, Conn. — The National Shooting Sports Foundation® (NSSF®), the trade association for the firearms, ammunition, hunting and shooting sports industries, condemned the decision by U.S. Fish and Wildlife Service Director Dan Ashe banning the use of traditional ammunition on Service lands in just five years.

The parting shot, Director’s Order 219 , was issued on the final full day of President Obama’s administration. The last-minute action revives an effort the administration undertook eight years ago to ban the use of traditional ammunition.

“This directive is irresponsible and driven not out of sound science but unchecked politics,” said Lawrence Keane, NSSF senior vice president and general counsel. “The timing alone is suspect. This directive was published without dialogue with industry, sportsmen and conservationists. The next director should immediately rescind this, and instead create policy based upon scientific evidence of population impacts with regard to the use of traditional ammunition.”

The order requires several initiatives to go into effect immediately. Regional Directors are to work with state agencies to ban the use of traditional ammunition. It also ends the use of traditional ammunition on Federal land, including National Parks, tribal lands and national wildlife refuges in order to mirror policies in states where traditional ammunition is already restricted. The order “expeditiously” bans traditional ammunition “when available information indicates” that lead is harmful to wildlife, without requirement of a scientific threshold on which to base that action.

It also requires creation of a timeline to restrict traditional ammunition for dove and upland bird hunting.

Notice that last bit. They want to ban traditional ammo for dove hunting as well.

I hope this is one order that is rescinded after noon today when the Trump Administration takes office. I certainly hope so.

UPDATE: The Association of Fish and Wildlife Agencies which represents the fish and wildlife departments throughout the 50 states issued a very strong statement disagreeing with Director’s Order 219. They make the point that in the past any sort of move like this would have been a cooperative effort between state and federal wildlife agencies and that the states were caught by surprise by this order.

January 20, 2017

Statement from the Association of Fish and Wildlife Agencies Regarding U.S. Fish and Wildlife Service Director’s Order 219

The Association of Fish and Wildlife Agencies expresses utter dismay with the release of Director’s Order 219, Use of Non-Toxic Ammo and Fishing Tackle, by the U. S. Fish and Wildlife Service (Service) on January 19, 2017. Association President Nick Wiley states that “this action flies squarely in the face of a long and constructive tradition of states working in partnership with the Service to effectively manage fish and wildlife resources.” He adds, “the Association views this Order as a breach of trust and deeply disappointing given that it was a complete surprise and there was no current dialogue or input from state fish and wildlife agencies prior to issuance. It does a disservice to hunters and anglers, the firearms and angling industries, and the many professionals on staff with the USFWS who desire a trusting and transparent relationship with their state partners.” This is unacceptable federal overreach into the states’ authority to regulate the methods of take for sport fish as well as complete disregard for the states’ concurrent jurisdiction with the Service for the management of migratory birds. Further, the economic impacts of this action, which likely will be felt most by rural Americans, is likely to be hundreds of millions of dollars.” The Association looks forward to working with a new Administration in the redress of this poorly timed and executed decision.

A point I didn’t make yesterday with the original post is that this order also impacts anglers as it also includes the phase-out of fishing tackle that includes lead. 


I want to emphasize that Dan Ashe’s Director’s Order 219 seeks to accomplish what court battles and petitions to the Environmental Protection Agency from 2010 through 2013 did not – the elimination of traditional ammo and fishing tackle. I foresee that this order will be reversed when Rep. Ryan Zinke (R-MT) is finally confirmed as the Secretary of the Interior.

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Rep. Ryan Zinke’s Nomination For Interior Secretary Garners Approval

December 19, 2016 by

Rep. Ryan Zinke (R-MT) was selected by President-elect Donald Trump to be his Secretary of the Interior. Zinke, a former Navy SEAL, is the lone Congressman from Montana and was rumored to have been a potential candidate to take on Sen. Jon Tester (D-MT) in 2018. Zinke’s selection has garnered approval from the NRA, the NSSF, and other organizations.

From the NRA-ILA:

Fairfax, Va.— Chris W. Cox, executive director of the National Rifle Association’s Institute for Legislative Action, issued the following statement on the nomination of Congressman Ryan Zinke to be the Secretary of the Interior:

“On behalf of our 5 million members, we commend President-Elect Donald Trump for nominating Congressman Ryan Zinke of Montana to be our next Secretary of the Interior,” said Chris W. Cox, executive director of the National Rifle Association’s Institute for Legislative Action. “The sportsmen and women of this nation have long waited for an Interior Secretary who understands the need to preserve America’s outdoor heritage for generations to come. Ryan Zinke will champion those traditions with the devotion of a true outdoorsman while serving as our next Secretary of the Interior.”

From the National Shooting Sports Foundation:

NEWTOWN, Conn. — The National Shooting Sports Foundation® (NSSF®), the trade association for the firearms, ammunition, hunting and shooting sports industries, today praised President-Elect Donald Trump’s selection of U.S. Rep. Ryan Zinke (R-Mont.) to become Secretary of the Department of the Interior.

“In Congressman Zinke we have a true friend of American sportsmen who believes in the inestimable value of our public lands. We are confident Congressman Zinke will work to preserve and promote our hunting and related outdoor traditions. He is an American hero, a lifelong hunter and angler, and a true conservationist in the tradition of Teddy Roosevelt,” said Lawrence G. Keane, NSSF Senior Vice President and General Counsel. “The Secretary of the Interior is arguably the nation’s single most important position with regard to the management of federal lands, wildlife habitat and natural resources. Competing interests must be balanced with what will be in the best long-term interest of the nation. We look forward to enthusiastically supporting his nomination in Congress and then working with Secretary Zinke to help him achieve that mission.”

“We are very pleased that President-Elect Trump is listening to the voices of American sportsmen and conservationists, but no one should be surprised. That positive influence has been close at hand for many years in the form of his son, Donald Jr.,” Keane added.

From the Boone and Crockett Club:

The Boone and Crockett Club, the oldest wildlife conservation group in the U.S., founded by Theodore Roosevelt, praises President-Elect Donald Trump’s announcement of U.S. Representative Ryan Zinke (R-Mont.) to become Secretary of the Department of the Interior.

“Ryan Zinke has already demonstrated the leadership required as America’s top conservation steward, and the president-elect has done likewise in embracing it.” said Ben B. Hollingsworth Jr., president of the B&C Club. “The congressman has seen that frustrations with federal land management are the driver of many controversies and has rejected surrendering those federal lands as a supposed solution. Ryan Zinke and Donald Trump know that ever since Theodore Roosevelt made federal lands and conservation a national priority, hunters and other sportsmen-conservationists have carried out the work on the ground that ensures America’s wildlife heritage.”

The Boone and Crockett Club moved its national headquarters to the Rocky Mountain west in Missoula, Montana in 1992 because the Club’s leadership at the time felt this would be the epicenter of many future conservation challenges for land and wildlife.

In a statement released by Zinke, the new Interior Secretary said he would uphold Theodore Roosevelt’s belief that public lands are “for the benefit and enjoyment of the people.” He continued by assuring the public that he will “work tirelessly to ensure our public lands are managed and preserved in a way that benefits everyone for generations to come.”

Hollingsworth said, “We are proud that Montana, where we call home and where the Theodore Roosevelt Memorial Ranch is located, is the source of so much conservation leadership at this moment in history. With the state so well represented in Congress, having a Montanan in the administration is a prime opportunity to restore working relationships in Washington to the benefit of conservation work on the ground.”

From the Dallas Safari Club:

DSC congratulates Montana Congressman Ryan Zinke on his recent nomination to lead the Department of Interior. Zinke will be charged with protecting the natural resources of the U.S., which includes federal lands and overseeing the U.S. Fish and Wildlife Service. DSC is pleased to see the position filled by an ardent proponent of continued access to public lands and a champion of conservation.

“DSC has supported Representative Zinke since his first run in Congress,” said DSC Executive Director Ben Carter. “He symbolizes the DSC mission of ensuring the future of conservation through hunting and protecting hunter’s rights. We are excited to see how he handles the critical issues facing wildlife and wild places. Our membership respects and appreciates his dedicated service to this Nation as a former Navy Seal and as a Congressman. He has proven to be a straight shooter in all aspects, and we look forward to working with the newly nominated Interior Secretary.”

Zinke is a native of Montana and has a lifelong love of hunting and fishing. During his time in Congress, Zinke has a track record of backing hunter’s rights. He announced his support for the Sportsmen’s Conservation and Outdoor Recreation Enhancement Act, which contained seven provisions to reauthorize or implement ways to fund conservation programs on federal and private lands.

In a released statement, Zinke stated, “As inscribed in the stone archway of Yellowstone National Park in Gardiner, Montana, I shall faithfully uphold Teddy Roosevelt’s belief that our treasured public lands are ‘for the benefit and enjoyment of the people.’ I will work tirelessly to ensure our public lands are managed and preserved in a way that benefits everyone for generations to come.”

“Zinke is a sportsman just like the members of DSC,” said Carter. “His heart lies in the same place as ours and we feel he is the perfect person to direct management of our lands and wildlife. This is a great step in ensuring the future of hunting, fishing and the outdoor life for upcoming generations.”

Finally, in what I consider the greatest endorsement of Zinke yet, is this statement from the Center for Biological Diversity. They have been consistently a thorn in the side to hunters, anglers, and shooters with their constant lawsuits against lead-based ammunition and professional wildlife conservation management efforts.

TUCSON, Ariz.— Freshman congressman Ryan Zinke (R-Mont.) has reportedly been picked by Donald Trump to serve as secretary of the Interior to oversee endangered species, the U.S. Fish and Wildlife Service, hundreds of millions of acres of public land including the national parks, Bureau of Land Management lands and national wildlife refuges and the Bureau of Indian Affairs. Zinke was a staunch, early and controversial supporter of Trump throughout the presidential campaign. Trump has picked his wife Lola Zinke to oversee the transition of the Veteran’s Administration.


Statement of Kierán Suckling, executive director of the Center for Biological Diversity:


“Ryan Zinke has a dismal 3 percent lifetime environmental voting record. His brief political career has been substantially devoted to attacking endangered species and the Endangered Species Act. He led efforts to strip federal protections for endangered wolves, lynx and sage grouse, voted to exempt massive agribusiness and water developers from Endangered Species Act limitations, and opposed efforts to crack down on the international black market ivory trade.”


“Zinke consistently votes for the interests of oil and gas companies, which is not surprising since Oasis Petroleum is his largest campaign contributor and the oil and gas industry is his third-largest sector contributor. He has also voted against and attacked the establishment of protective national monuments on public lands.”


“On the bright side, Zinke has spoken and voted against the outright transfer of federal public lands to states and corporations. This is in keeping with positions taken by Donald Trump and his son Donald, Jr. Unfortunately Zinke has championed the same result — greatly increased logging, mining and oil drilling, greatly reduced environmental protections, elimination of federal control, and weakening of environmental standards — by turning over public land management to industry-dominated panels appointed by state governors. In Zinke’s scheme, industry and state interests get all the environmental destruction and profit they want, with the federal government being made to pay for it through nominal retention of land title.”


“Zinke’s cynically named ‘Resilient Federal Forests Act of 2015’ was one of several schemes he led to turn control of public land to industry-dominated panels. It was widely opposed by conservationists, sportsmen, businesses and even some timber companies for dispensing with environmental laws and public involvement in order to ramp up unsustainable logging levels.”


“Disturbingly, in 2012 Zinke contradicted his recent stance when he signed the extremist Montana Constitutional Governance Pledge promising to ‘legally and administratively oppose the multitude of bureaucracies that have sprung up to enforce the unlawful seizure of our native land and its resources including, but not limited to: the Bureau of Land Management, the United States Park Service, the various bureaus of Wildlife and Fisheries, etc., and restore the rightful powers over the land to the State and private ownership.’ During confirmation hearings, the Senate needs to grill Zinke on this contradiction and ensure he truly supports keeping public lands in public hands.”

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Center For Biological Diversity Loses Again

May 24, 2013 by

The US District Court for the District of Columbia has dismissed the lawsuit brought by the Center for Biodiversity and other groups to force the Environmental Protection Agency to ban lead ammunition and lead fishing tackle.

The National Shooting Sports Foundation was granted permission to be an intervenor. It was their motion to dismiss the case that was granted. They have more on the case and the dismissal below:

U.S. District Court Dismisses
Lawsuit to Ban Traditional Ammunition

NEWTOWN, Conn. — The U.S. District Court for the District of Columbia today dismissed a lawsuit brought by the radical anti-hunting Center for Biological Diversity and six other groups demanding the Environmental Protection Agency ban traditional ammunition containing lead components.

Traditional ammunition represents 95 percent of the U.S. market and is the staple ammunition for target shooters, hunters and law enforcement, with more than 10 billion rounds sold annually.

NSSF filed a motion to dismiss the lawsuit last August. The court today agreed with NSSF that EPA does not have the authority to regulate traditional ammunition under the Toxic Substances Control Act.

EPA had already twice denied attempts by CBD to have the agency ban traditional ammunition, and the court had dismissed an earlier case brought by CBD seeking the same relief.

“We are gratified that the court has found this second frivolous lawsuit, which is essentially the same as the one dismissed last year, was equally without merit,” said Lawrence G. Keane, senior vice president and general counsel for the National Shooting Sports Foundation, the trade association for the firearms and ammunition industry. “This was a waste of taxpayers’ dollars and EPA resources spent in having to defend a baseless lawsuit.”

CBD’s serial petitioning of EPA and its repeated lawsuits were designed to cripple the shooting sports in America by banning the ammunition that millions of hunters and target shooters choose to use safely and responsibly.

“There is quite simply no sound science that shows the use of traditional ammunition has harmed wildlife populations or that it presents a health risk to humans who consume game taken with such ammunition,” said Keane. “Banning traditional ammunition would cost tens of thousands of jobs in America and destroy wildlife conservation that is funded in part by an 11 percent excise tax on the sale of ammunition. The protection and management of wildlife is properly handled by the professional biologists in the state fish and game agencies, as it has been for over a hundred years.

In addition to NSSF, the National Rifle Association, Safari Club International and the Association of Battery Recyclers intervened in the case.

Organizations that joined CBD in its lawsuit were the Cascades Raptor Center of Oregon, the Loon Lake Loon Association of Washington, Preserve Our Wildlife of Florida, Tennessee Ornithological Society, Trumpeter Swan Society and Western Nebraska Resources Council.

NSSF was represented by Roger Martella and Christopher Bell from Sidley Austin.

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EPA Says No Again To Petition To Ban Lead Based Ammo

April 10, 2012 by

The Environmental Protection Agency has again turned down a petition to ban lead based ammunition. The petition came from the Center for Biological Diversity and a number of other “green” groups including the nonsensical Project Gutpile.

I cannot find an official letter or release from the EPA but have to rely on a release from the Center for Biological Diversity. It appears that they will sue again in Federal court which is what they did the first time they were sent packing by the EPA.

WASHINGTON— The Environmental Protection Agency today rejected a request for federal regulation of toxic lead in hunting ammunition, again abdicating its responsibility to protect the environment from toxic substances. Earlier this year, 150 organizations in 38 states petitioned the EPA for federal rules requiring use of nontoxic bullets and shot for hunting and shooting sports to protect public health and prevent the lead poisoning of millions of birds, including bald eagles and endangered condors.

“It’s shameful that the EPA refuses to save wildlife from senseless lead poisoning,” said Jeff Miller of the Center for Biological Diversity. “The poisoning of bald eagles and other wildlife is a national tragedy the EPA can easily put an end to, since there are plenty of safe, available alternatives to lead ammo.”

In 2010 the EPA refused to review a petition by conservation and hunting groups asking for a ban on lead bullets, shotgun pellets and fishing tackle under the Toxic Substances Control Act, the federal law that regulates toxic substances. So last month, more than 100 groups, representing conservationists, birders, hunters, zoologists, scientists, American Indians, wildlife rehabilitators and veterinarians, submitted a new petition seeking federal rules requiring use of nontoxic bullets and shot for hunting and shooting sports. The EPA today responded in a letter to the petitioners that it will not review an “identical petition” and repeated the false (sic) claim that it cannot regulate lead ammunition.

The Toxic Substances Control Act allows the agency to regulate any chemical substance for a particular use; the lead used in shot and bullets is defined as a toxic “chemical substance” under the Act.

The EPA claims lead bullets and shot fall under an exception that exempts regulation of items subject to an Internal Revenue Service section 4181 excise tax imposed on sales of shotgun shells and bullet cartridges; yet the IRS itself has ruled that section 4181 “does not apply to sales of separate parts of ammunition such as cartridge cases, primers, bullets, and powder.” Furthermore, a House report on the legislative history and intent of the Act states it “does not exclude from regulation under the bill chemical components of ammunition which could be hazardous because of their chemical properties.”

“We look forward to putting this issue before a court, since the law is very clear that EPA has the responsibility to protect wildlife and people from toxic lead exposure,” said Miller. “The EPA never evaluated the merits of regulating toxic lead ammo, nor has a court ruled on its authority to act under the federal toxics law — well, that will soon change.”

On the website for the Center for Biologicial Diversity, they are asking people to sign a letter “to stop the NRA’s lead poisoning legislation.” Of course it is the “evil NRA” who wants to kill the California condors, blah, blah, blah. If I remember correctly, the impetus behind the Sportsman’s Heritage Act of 2012 is actually the NSSF. However, the “evil NSSF” doesn’t have quite the same ring to their lefty followers as does “evil NRA”.

UPDATE: The National Shooting Sports Foundation has posted a release on the EPA’s denial of yet another petition from CBD and Project Gutpile. The denial letter from the EPA can be found here.

NEWTOWN, Conn. — The Environmental Protection Agency (EPA) on Monday denied yet another frivolous petition by the Center for Biological Diversity (CBD) — an established anti-hunting group — calling for a ban on the traditional ammunition (containing lead-core components) for hunting and shooting.

The National Shooting Sports Foundation (NSSF), the trade association for the firearms, ammunition, hunting and shooting sports industry, applauds the EPA’s latest decision and called upon Congress to immediately pass the Hunting, Fishing and Recreational Shooting Sports Protection Act (S.838/H.R.1558). In the House of Representatives, the bill is also included in the Sportsmen’s Heritage Act of 2012 (H.R. 4089), an important piece of legislation that combines three other legislative priorities for sportsmen. The bill (S.838/H.R.1558) amends the Toxic Substances Control Act (TSCA) to clarify that the Congress has excluded traditional ammunition from regulation by the EPA. The legislation is supported by more than 35 national conservation and sportsmen’s groups. The bill is even supported by the Fraternal Order of Police because a ban on traditional ammunition would apply to law enforcement and the U.S. military.

NSSF opposed the petition, which was filed by the Center for Biological Diversity (CBD) and other like-minded groups. This was the second attempt by the CBD to ban traditional ammunition since it first petitioned the EPA in August of 2010. In rejecting the CBD’s latest petition the EPA agreed with NSSF, telling the CBD that it did not have jurisdiction under TSCA to regulate ammunition. The CBD’s petition purported to narrow the scope of the ban sought, but the EPA concluded that this change was a “distinction without a substantive difference.” The EPA went on to say the new petition “contains no new information.”

The CBD’s serial petitions erroneously claim that the use of traditional ammunition by hunters poses a danger to human health and wildlife, in particular raptor populations such as bald eagles. The truth is that wildlife populations, including raptor and bald eagle populations, are soaring. The myth of a human health risk has been thoroughly debunked by a 2008 study by the Centers for Disease Control and Prevention (CDC) that found the health of hunters consuming game harvested with traditional ammunition was not at risk.

The excise taxes raised from hunters’ purchases of the very ammunition the CBD tries to demonize is a primary source of wildlife conservation in the United States. Restricting or banning traditional ammunition absent sound science will hurt wildlife conservation. “Hunters have done more for wildlife than the CBD ever will,” said NSSF Senior Vice President and General Counsel Lawrence G. Keane. “These relentless and unfounded attacks against traditional ammunition by agenda-driven groups like the CBD are exactly why Congress must take immediate action and pass the Sportsmen’s Heritage Act of 2012.”

Keane is referencing the federal excise tax that manufacturers pay on the sale of the ammunition (11 percent), which is dedicated to the Wildlife Restoration Trust Fund administered by the U.S. Fish & Wildlife Service.

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The EPA Denies a Petition to Restrict Lead Tackle

February 16, 2012 by 1 Comment

The gun prohibitionists and anti-hunting/fishing groups are grasping for anything they can use to stop the lawful exercise of shooting, hunting, and fishing. In this release from the Congressional Sportsmen’s Foundation, we see that the Center for Biological Diversity was stopped in their attempt to regulate fishing tackle due to lead. Unfortunately, I doubt they will stop their attempts just because the EPA told them to take a hike.

Science has prevailed. The Environmental Protection Agency (EPA) has denied a petition by the Center for Biological Diversity (CBD)—an anti-sportsmen group—that would have precipitated significant restrictions on lead fishing tackle all over the United States. The CBD wanted the EPA to use the Toxic Substances Control Act (TSCA) to heavily regulate anglers from using tackle they have long used even though science doesn’t support such a measure. The Congressional Sportsmen’s Foundation (CSF) has been, and will continue to, fight such unscientific lead bans and restrictions at the state and federal level.

In a letter to the CBD on February 14, 2012 the EPA wrote:

After careful review, EPA has determined that, while the petition does provide evidence of exposure and a risk to waterfowl in some areas of the United States, it does not provide a basis for finding that the risk presented is an unreasonable risk for which federal action under section 6(a) of TSCA is necessary to adequately protect against such risks. Accordingly, EPA is denying your request to initiate a proceeding for the issuance of a rulemaking under Section 6(a) of TSCA to adequately protect against risks posed by fishing tackle containing lead of various sizes and uses that are ingested by wildlife…. Your petition does not demonstrate why federal action is necessary given the mix of regulatory and education actions state agencies and the Federal Government already are taking to address the impact of lead fishing tackle on local environments.”

When the CBD began its quest for this unwarranted restriction on fishing tackle in 2010, the CSF responded by working with the Congressional Sportsmen’s Caucus (CSC) in Washington, D.C., and with the National Assembly of Sportsmen’s Caucuses (NASC), which serves as the umbrella organization for launching and working with state legislative sportsmen’s caucuses now active in 39 state legislatures, to demand such regulations should be based on sound science and under state jurisdictions. The Executive Council for the NASC, and several state legislative sportsmen’s caucuses, wrote letters to
EPA Administrator Lisa P. Jackson asking that she deny the CBD petition. Meanwhile, the CSF rallied legislators in the CSC and in caucuses around the country to demand that any such ban be based on real scientific evidence; after all, the cost to anglers would be real if affordable tackle is taken off the shelves. The EPA subsequently denied the CBD’s first petition.

However, the CBD filed a new petition with the EPA in November of 2011. This petition asked the EPA to evaluate the unreasonable risk of injury from lead fishing tackle, and to begin proceedings for rule making under Section 6 of TSCA. The CSF stayed engaged at all levels of government. The NASC sent letters from various state sportsmen’s caucuses, including Alaska, Arkansas, Indiana, Oregon and South Carolina, to point out that state natural resource agencies are in a better position to respond to any localized concerns and that such a restriction is not biologically justified as no studies have shown that fishing tackle is impacting loon or other waterfowl populations.

Also, on April 14, 2011, the Hunting, Fishing and Recreational Shooting Sports Protection Act (S. 838 and H.R. 1558) was introduced into both chambers of Congress by the chairs of the CSC—Senators Jon Tester (D-MT) and John Thune (R-SD) and Representatives Jeff Miller (R-FL) and Mike Ross (D-AR). This legislation is another way the CSF has been working to prevent a federal ban on lead in recreational fishing tackle. It would clarify the TSCA exemption for ammunition and establish a similar exemption for fishing tackle. The Hunting, Fishing and Recreational Shooting Sports Protection Act would put an end to attempts to over-regulate the recreational fishing and hunting industries and protect the rights of anglers and hunters who choose to sustainably enjoy their sports.

Jeff Crane, president of the CSF, says, “Sportsmen and wildlife won a big battle. Though we doubt the Center for Biological Diversity will stop this ideological attack on fishing, the EPA has decided against an unscientific restriction of lead fishing tackle. The state legislative sportsmen’s caucuses, under the umbrella of the National Assembly of Sportsmen’s Caucuses, have once again represented their angling constituents admirably.”

If the EPA agreed to this ban it would have been an unjustified fishing restriction at the federal level. Wildlife management in the United States has been a model to the rest of the world because we have successfully managed wildlife at the population level. There is no evidence that lead fishing tackle is causing negative population-level impacts, therefore forcing anglers to replace their lead tackle with costly alternatives would be an unnecessary burden to America’s fishermen and an impediment to fishing participation.

Other sportsmen’s groups, most notably the American Sportfishing Association (ASA), have also been instrumental in fighting back these unnecessary restrictions on America’s anglers right to fish. Click here for more on the conservation communities’ position on lead.

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NSSF Reports In-Fighting Between Lead Ammo Foes

May 20, 2011 by

The NSSF Blog had this report this morning about in-fighting between the Center for Biological Diversity and the American Bird Conservancy. Both of these groups have tried to get the EPA to outlaw lead-based ammunition as well as the use of lead in fishing tackle.


Infighting Begins Amongst Traditional Ammunition Foes
May 20, 2011 By Larry Keane View Comments
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A recent article in Audubon Magazine (“Bad Shot”) notes a budding feud between the American Bird Conservancy (ABC) and the Center for Biological Diversity (CBD) concerning the issue of traditional ammunition. In the article, Michael Fry, director of conservation advocacy at ABC, derides the CBD for petitioning the Environmental Protection Agency (EPA) to ban the manufacture and sale of traditional ammunition, shot and fishing tackle. Fry, concerned that the CBD was going too far in trying to ban all traditional ammunition, noted “It was not helpful to have the center involved.”

This infighting, demonstrating that the CBD is considered extremist even amongst its allied groups, could not have come at a worse time for anti-ammunition special interests. Last week, 35 members of the American Wildlife Conservation Partners (AWCP), a coalition of the nation’s leading conservation groups, joined with NSSF in encouraging federal lawmakers to become co-sponsors of the Hunting, Fishing and Recreational Shooting Protection Act, legislation that will clarify that Congress has not given the EPA authority to regulate ammunition and its components under the Toxic Substances Control Act (TSCA).

The CBD has yet to respond to the ABC attack.

Learn more about the fight to protect traditional ammunition here: http://www.nssf.org/factsheets/PDF/TraditionalAmmo.pdf

The National Shooting Sports Foundation also has a letter generator that will send either an email or paper letter to your Senators and local Congressman urging their support of the Hunting, Fishing and Recreational Shooting Sports Protection Act. As we saw with the ATF and the multi-rifle reporting requirement, numbers – not quality – count. You can access the letter generator here. It also allows you to modify the message if you so wish which is what I did.

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HR 1558 & S 838 – Changes In Toxic Substances Act Regarding Lead

April 20, 2011 by

Two new bills have been introduced in Congress that would clarify the exemptions for ammunition contained in the Toxic Substances Control Act. These bills, if passed, would moot the Center for Biological Diversity’s lawsuit that is attempting to force the EPA to ban lead based ammunition and lead in fishing tackle.

HR 1558, the Hunting, Fishing and Recreational Shooting Sports Protection Act of 2011, was introduced by Rep. Jeff Miller (R-FL) and Rep. Mike Ross (D-AR). It currently has 38 co-sponsors and the bipartisan support of the Congressional Sportsman’s Caucus. Rep. Ross had this to say about the bill.

“It’s always important to find a commonsense balance between protecting the rights of hunters, anglers and outdoorsmen and protecting our environment and wildlife habitats for future generations,” said Congressman Ross. “There is no credible scientific evidence that demonstrates traditional ammunition and fishing tackle pose any threat to human health or wildlife populations and this legislation is needed to permanently address this issue once and for all. I’m pleased to join this bipartisan effort and to work to stop the TSCA petition, which is the most recent in a long string of attacks on our cherished hunting and fishing heritage.”

The Senate version of the Hunting, Fishing, and Recreational Shooting Sports Protection Act of 2011, S. 838 was introduced by Sen. Jon Tester (D-MT) and Sen. John Thune (R-SD). It has three co-sponsors.

Both bills have the strong backing of the NSSF and were introduced right after they had the Industry Fly-In.

“Wildlife management is the proper jurisdiction of the U.S. Fish and Wildlife Service and the 50 state wildlife agencies,” said NSSF Senior Vice President and General Counsel Lawrence G. Keane. “But no one should be misled about what’s truly at stake here. A ban on traditional ammunition will not only affect hunters and sportsmen, but law enforcement, military, self-defense and target shooters who may never go afield. This is precisely why all Americans, not just gun owners, have a vested interest in the passage of the Hunting, Fishing and Recreational Shooting Sports Protection Act.”

The higher costs associated with alternative ammunition will price everyday consumers out of the market. This is evidenced by the low 1 percent market share of alternative ammunition. This would lead to fewer hunters taking to the field and shooting ranges across the United States being needlessly closed.

“The economic growth of America’s firearms and ammunition industry continues to be a bright spot in our country’s still-ailing economy,” continued Keane. “Passing this important legislation will help to ensure that our industry, which is responsible for more than 183,000 well-paying jobs and has an economic impact of more than $27.8 billion annually, continues to shine.”

As I reported last week, Rep. Paul Broun (R-GA) also has a bill, HR 1445, that removes the EPA’s authority to regulate lead in ammunition and fishing tackle. The text of HR 1558 and S 838 are not yet available so I’ll reserve judgment on which will be the more effective until I’ve had a chance to read both bills.

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NSSF Allowed Intervenor Status

January 18, 2011 by 2 Comments

From the National Shooting Sports Foundation:

The United States District Court for the District of Columbia has granted NSSF’s motion to intervene in a suit brought by the Center for Biological Diversity (CBD) and several anti-hunting groups against the United States Environmental Protection Agency (EPA). The CBD’s underlying suit against the EPA seeks to have the court overturn the agency’s denial of a CBD petition filed in August of 2010 to have the EPA under the Toxic Substance Control Act (TSCA) issue regulations to ban the manufacture, sale and use of traditional ammunition containing lead components, as well as fishing tackle made with lead components. The EPA properly denied the petition to ban traditional ammunition because Congress expressly exempted ammunition from regulation by the EPA. Later, the EPA also denied the petition as to fishing tackle because the CBD failed to demonstrate a scientific basis for the EPA to act.

“We are pleased with the court’s ruling because it will allow NSSF to ensure that the will of Congress is adhered to and the CBD does not succeed in its efforts to side step Congress and impose its anti-hunting agenda through the judicial system,” said Lawrence G. Keane, NSSF senior vice president and general counsel.

In granting NSSF’s motion to intervene in the case the court acknowledged that the EPA could not adequately represent the business interests of NSSF’s members. The court also rejected the CBD’s efforts, in opposing the NSSF motion, to inappropriately limit NSSF participation in the case.

This is the case where Project Gutpile is one of the plaintiffs. Project Gutpile is a “hunter’s organization” composed of four members.

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Project Gutpile?

November 24, 2010 by 2 Comments

The following is the press release sent out yesterday by the Center for Biological Diversity, PEER, and a group called Project Gutpile announcing their lawsuit against the EPA for not banning traditional lead ammunition and lead fishing sinkers:

Lawsuit Filed Over EPA Refusal to Address Lead Poisoning of Wildlife

Suit Seeks to Prevent Annual Deaths of Millions of Wild Birds, Wildlife From
Toxic Lead in Ammunition, Fishing Gear

WASHINGTON— Conservation and hunting groups today sued the Environmental Protection Agency for failing to regulate toxic lead that frequently poisons and kills eagles, swans, cranes, loons, endangered California condors and other wildlife throughout the country. The EPA recently denied a formal petition to ban lead in fishing tackle and hunting ammunition despite long-established science on the dangers of lead poisoning in the wild, which kills millions of birds each year and also endangers public health.

“The EPA has the ability to protect America’s wildlife from ongoing preventable lead poisoning, but continues to shirk its responsibility,” said Jeff Miller, conservation advocate with the Center for Biological Diversity. “The EPA’s failure to act is astonishing given the mountain of scientific evidence about the dangers of lead to wildlife. There are already safe and available alternatives to lead products for hunting and fishing, and the EPA can phase in a changeover to nontoxic materials, so there’s no reason to perpetuate the epidemic of lead poisoning of wildlife.”

In August, a coalition of groups formally petitioned the EPA to ban lead in bullets and shot for hunting and in fishing tackle under the Toxic Substances Control Act. The petition referenced nearly 500 peer-reviewed scientific papers illustrating the widespread dangers of lead poisoning to scavengers that eat lead ammunition fragments in carcasses, and to waterfowl that ingest spent lead shot or lost lead fishing sinkers. The groups filing the lawsuit today are the Center for Biological Diversity, Public Employees for Environmental Responsibility and Project Gutpile, a hunters’ organization. Since the original petition was filed, more than 70 organizations in 27 states have voiced support for the lead ban, including those representing veterinarians, birders, hunters, zoologists, scientists, American Indian groups, physicians and public employees.

“Having hunted in California for 20 years I have seen firsthand lead poisoning impacts to wildlife from toxicity through lead ammunition,” said Anthony Prieto, a hunter and cofounder of Project Gutpile, a hunters’ group that provides educational resources for lead-free hunters and anglers. “Although many more sportsmen are now getting the lead out, the EPA must take action to ensure we have a truly lead-free environment. It’s time to make a change to non-lead for ourselves and for future generations to enjoy hunting and fishing with a conscience.”


“Over the past several decades Americans chose to get toxic lead out of our gasoline, paint, water pipes and other sources that were poisoning people. Now it’s time to remove unnecessary lead from hunting and fishing sports that is needlessly poisoning our fish and wildlife,” said Karen Schambach of Public Employees for Environmental Responsibility. “Today’s action is a step to safeguard wildlife and reduce human health risks posed by lead.”

The EPA denied the portion of the petition dealing with regulation of lead ammunition based on an incorrect claim that the agency lacks the authority to regulate toxic lead in ammunition. The EPA asserted that shells and cartridges are excluded from the definition of “chemical substances” in the Act. That claim is contradicted by the legislative history of the Toxic Substances Control Act, which provides clear and specific authority to regulate hazardous chemical components of ammunition such as lead. Earlier this month the EPA also issued a final determination denying the portion of the petition on fishing sinkers, even though the agency itself had proposed banning certain lead fishing weights in 1994.

“The EPA has known for years it has the authority to regulate lead,” said Miller. “Lead shot was eliminated in 1991 by federal regulation to address widespread lead poisoning of ducks and secondary poisoning of bald eagles. And in 1994, the EPA even proposed banning lead fishing weights that were being eaten by waterfowl.”

Hunters and anglers in states that have restricted or banned lead shotgun ammunition or lead fishing gear have already made successful transitions to nontoxic alternatives, and fishing and hunting in those areas remains active. Alternatives continue to be developed, including the U.S. military’s transition toward bullets made of non-lead materials.

“This is clearly not an anti-hunting initiative, it is about using less toxic materials for the sake of wildlife and our human health,” said Prieto. “When I hunt, I want to make sure I kill only my target animal, and I want to use the least toxic ammunition possible since I will be feeding the game to my family.”

For more information, read about the Center’s Get the Lead Out campaign.
Read Frequently Asked Questions about the lead ban petition.
View photo images and video of wildlife poisoned by lead ammunition and sinkers.

The Center for Biological Diversity (www.biologicaldiversity.org) is a national, nonprofit conservation organization with more than 315,000 members and online activists dedicated to the protection of endangered species and wild places.

Project Gutpile is an educational organization comprised of hunters that provides resources for lead-free hunters and anglers. Project Gutpile has been promoting non-lead ammunition and raising lead awareness in the hunting community since 2002.

Public Employees for Environmental Responsibility (PEER) is a 10,000 member national alliance of local, state and federal resource professionals working to protect the environment. PEER members include government scientists, land managers, environmental law enforcement agents, field specialists, and other resource professionals committed to responsible management of America’s public resources.

What the hell kind of name for a responsible hunting group is Project Gutpile? It sounds like the Brady Campaign’s friend American Shooters and Hunters Association which had no more to do with gun rights than the man in the moon.

The lawsuit that they say they have filed can’t be found on the U.S. Courts’s electronic file system as of yet. When it is up, I will post a copy of the complaint.