EPA denies petition calling for lead ammunition ban

The U.S. Environmental Protection Agency Friday denied a petition calling for a ban on the production and distribution of lead hunting ammunition. EPA sent a letter to the petitioners explaining the rejection.

Steve Owens, EPA assistant administrator for the Office of Chemical Safety and Pollution Prevention, issued the following statement on the agency’s decision:

EPA today denied a petition submitted by several outside groups for the agency to implement a ban on the production and distribution of lead hunting ammunition. EPA reached this decision because the agency does not have the legal authority to regulate this type of product under the Toxic Substances Control Act -- nor is the agency seeking such authority.

This petition, which was submitted to EPA at the beginning of this month, is one of hundreds of petitions submitted to EPA by outside groups each year. This petition was filed under TSCA, which requires the agency to review and respond within 90 days.

EPA is taking action on many fronts to address major sources of lead in our society, such as eliminating childhood exposures to lead; however, EPA was not and is not considering taking action on whether the lead content in hunting ammunition poses an undue threat to wildlife. 

As there are no similar jurisdictional issues relating to the agency's authority over fishing sinkers, EPA – as required by law – will continue formally reviewing a second part [of] the petition related to lead fishing sinkers.

Those wishing to comment specifically on the fishing tackle issue can do so by visiting http://www.regulations.gov. EPA will consider comments that are submitted by September 15.

The denial is in response to a petition filed Aug. 3 by several environmental groups, including the Center for Biological Diversity, the American Bird Conservancy and the Assn. of Avian Veterinarians, seeking to ban the use of lead in ammunition and fishing tackle. The petition claimed that traditional bullets used by hunters are inconsistent with the Toxic Substance Control Act and that such ammo poses a danger to wildlife, in particular raptors, that may feed on unrecovered game in the field.

-- Kelly Burgess
twitter.com/latimesoutposts

Photo: Handgun ammunition of various calibers. Credit: Judi Bottoni / Associated Press

Fish and Game Q&A: How can I get rid of turkey vultures that have been roosting on my roof?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Outposts, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly Q&A column:

Question: I have 15 to 20 turkey vultures that have been roosting on my roof. They are congregating and making a mess on my roof and in my yard with their droppings and molted feathers. My house is two stories and the roof is tile so access is difficult. How can I get rid of them? (Lawrence)

Answer: You have different persuasion options available for moving these birds from your roof to a more appropriate roost site. According to Department of Fish and Game raptor biologist Carie Battistone, these may include repetitive loud noises, motion sensor sprinklers and the use of an effigy (usually a taxidermic preparation or an artificial likeness of a deceased vulture). Since your roof is steep and hard to access, you will have to use caution when placing anything on the roof. If all else fails, you may want to call Wildlife Services (federal wildlife trappers) to ask for advice or possibly for someone to come out to help you.

Below are several links to articles on deterring vultures from roost sites:

Fish and Game Q&A: Can I dive for an extra limit of abalone as a gift to my wife back home?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Outposts, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly Q&A column:

Question: If I go diving with a friend in Sea Ranch (Sonoma County) and my wife stays home in San Francisco, can I dive one day and gift those abalone to my wife even though she is not with me at the moment? Then the following day, can I dive again, take an additional limit for myself, and then drive home alone with six abalone in my car? I would make sure the abalone remained in their shells and I would carry a letter stating three of the abalone are gifts for my wife. Does she have to be with me in order for me to gift the abalone to her? (Chuck V.)

Answer: This scenario would not be legal. Regardless of your intent, if you have six abalone in your possession, you will be in violation of an overlimit and could be cited and have all your abalone confiscated. Only three abalone may be possessed at any time by an individual, period (California Code of Regulations, Section 29.15[c]).

In order for you to legally gift abalone to someone else, that person must be with you to receive and personally take possession of the abalone. Just carrying a note stating that you intend to gift three of the six abalone in your possession to your wife will not suffice because you are still in possession of an overlimit, and are thus in violation of the law.

 

 

Fish and Game Q&A: Are there rules on the number of fishing rods someone can use for ocean fishing?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Outposts, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly Q&A column:

Question: Are there any rules on the numbers of fishing rods someone can use for ocean fishing? I had a bad experience recently with an Orange County sheriff [deputy] who saw me on the Newport Beach jetty fishing with several poles. He told me I was allowed only two poles. I told him I’d seen a sign posted at a nearby pier that said, Maximum limit three active poles." The officer said the pier was not following the Fish and Game rules. I told him I thought what applies there also applies here in Newport since Fish and Game rules apply statewide. I presume sheriffs can’t represent Fish and Game regarding fishing rules and should instead be catching fugitives, bad guys and drug traffickers and not bothering fishermen! I didn’t want to argue with an officer with a gun, especially a sheriff who doesn’t know the rules, but I felt the officer was harassing me. (Dandy L., San Bernardino) 

Answer: Sheriff’s deputies do enforce Department of Fish and Game regulations when they see violations, and in this case, the deputy was correct. When fishing in the ocean from a public pier or jetty, DFG regulations allow for only two rods and lines, two hand lines, or two crab nets, crab traps or other appliances for taking crabs (California Code of Regulations Title 14, section 1.88 specifically describes a jetty as a structure that is "connected to land … and whose purpose is to form the most seaward protective boundary of an ocean harbor"). If the sign on the nearby pier indicated a three-pole maximum, then it was not a sign that was posted or authorized by the state. City regulations can be more restrictive than state DFG regulations, but not less restrictive.

Q: I’ve heard that you need to be a certain distance from highways and roads when hunting. How far away from the roadway do you need to be before shooting?

Firearms industry responds to petition filed with EPA seeking to ban lead ammunition and fishing tackle

The National Shooting Sports Foundation, the trade association for the firearms, ammunition, hunting and shooting sports industry, stated its opposition to a petition filed Tuesday with the Environmental Protection Agency seeking to ban the use of lead in ammunition and fishing tackle.

"There is simply no scientific evidence that the use of traditional ammunition is having an adverse impact on wildlife populations that would require restricting or banning the use of traditional ammunition beyond current limitations, such as the scientifically based restriction on waterfowl hunting," NSSF President Steve Sanetti said in a press release. Using lead ammunition for waterfowl hunting already is banned nationally and in California is not allowed when big-game hunting in areas designated as California condor range.

Filed by several environmental groups, including the Center for Biological Diversity, the American Bird Conservancy and the Assn. of Avian Veterinarians, the petition claims that traditional bullets used by hunters are inconsistent with the Toxic Substance Control Act and that such ammo poses a danger to wildlife, in particular raptors, that may feed on unrecovered game in the field. The EPA has 90 days to issue a ruling that it will either accept or reject the petition.

NSSF also expressed its concerns over the possible ramifications such a ban would have on wildlife conservation. According to the group, a federal excise tax that manufacturers pay on the sale of ammunition is a primary source of wildlife conservation funding.

"Needlessly restricting or banning traditional ammunition absent sound science will hurt wildlife conservation efforts as fewer hunters take to the field," said Lawrence G. Keane, NSSF senior vice president and general counsel. "Hunters and their ammunition have done more for wildlife than the Center for Biological Diversity ever will."

-- Kelly Burgess

twitter.com/latimesoutposts

Photo: Ammunition for sale at the Los Angeles Gun Club. Credit: Lawrence K. Ho / Los Angeles Times

Fish and Game Q&A: Is it legal to use submerged lights when night fishing lakes? [Updated]

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Outposts, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly Q&A column:

Question: Is it legal to use the assistance of a submerged light source in the taking of trout, crappie and maybe even some cats in California? The lights might include waterproof flashlights or standard 12-volt drop down fishing lights (made by Optronics) and maybe a floating crappie light. (Daniel V.S.)

Answer: Yes, it is legal to use lights when fishing at night when and where such fishing is permitted. Lights may be used on or as part of any fishing tackle (California Code of Regulations Title 14, section 2.15). Just make sure that the waters where you plan to fish allow for nighttime fishing. Some lake managers or concessionaires at managed lakes do not allow for any fishing after dark. 

When it comes to trout or salmon though, it is not legal to take them at night in many waters. For exceptions to this rule where trout and salmon may be taken at night, please review CCR Title 14, section 3.00 found on page 14 in the 2010 California Freshwater Sport Fishing Regulations booklet.

Q: Is it legal for me to carry a concealed handgun in California if I have a CCW permit from a neighboring state?

Fish and Game Q&A: Do long guns have to be transported in locked gun cases?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Outposts, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly Q&A column:

Question: I was told by a hunter education instructor that just like handguns, shotguns and rifles transported in vehicles must be in locked cases or in the trunk of your vehicle. However, I often see non-lockable rifle and shotgun cases for sale in stores in California. The law (Penal Code, section 12001) seems to indicate that if the barrel can be interchanged with one less than 16 inches in length, it is considered a firearm capable of being concealed upon the person. If this is so, then most -- if not all -- pump and semi-auto rifles must be locked up when being carried concealed in a vehicle to avoid violating the concealed weapons law (PC, section12025). What do you think? (Frank W., San Mateo)

Answer: According to the Department of Justice firearms website on transportation of firearms, non-concealable firearms (rifles and shotguns) are not generally covered within the provisions of California PC, section 12025 and therefore are not required to be transported in a locked container. However, as with any firearm, non-concealable firearms must be unloaded while they are being transported. Long guns that are classified as assault weapons have more stringent transportation requirements.

Becoming an Outdoors-Woman, California offers shotgun skills workshop June 26 at Raahauge’s

Becoming an Outdoors-Woman, California is hosting its popular shotgun skills workshop, A Day at the Range-South, on June 26 from 9 a.m. to 4 p.m.
 at Raahauge's Shooting Enterprises in Corona.

The workshop, limited to 30 participants (and yes, it is open to men also), offers expert advice on shotgun safety, shooting and maintenance.

BOW California President Susan Herrgesell has designed the one-day workshop for anyone who has considered taking up shooting as a hobby or for those interested in hunting.

"More and more women are taking up the sport," said Herrgesell. "Women can be intimidated the first time they shoot a shotgun, but once they break that clay, it’s difficult pulling them off the range."

The instructor will be Cherel Hansen-McCracken, a pioneer in women’s shooting and the first recipient of the Annie Oakley Award by the Women’s Shooting Sports Foundation. Hansen-McCracken, along with her husband, Scott, will tutor each participant in basic firearm safety, the different types of actions, different chokes and patterns, and outdoor shooting ethics. She will also cover proper shotgun cleaning and maintenance. The course will also help prepare potential hunters for the state’s required hunter safety class.

The cost of the class is $150 and includes all equipment, including the shotguns, ammunition, eye and ear protection and lunch. Registration can be completed by mail, online or by calling (530) 347-0227.

Becoming an Outdoors-Woman, California, is a nonprofit organization whose workshops foster the learning process and provide the opportunity for women to enjoy the outdoors while encouraging and empowering them to build their self-confidence. The program offers workshops in one-, two- or three-day formats with valuable hands-on experiences.

-- Kelly Burgess

Photo: Instructor Cherel Hansen-McCracken helps a workshop attendee with her shotgun shooting skills. Credit: BOW California

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Fish and Game Q&A: Can I use an air tank while photographing abalone divers?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Outposts, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly Q&A column:

Question: I would like to photograph abalone divers diving, but I need to use an air tank to obtain the imagery I want. How can I go about this without getting in trouble with Department of Fish and Game? (Andrew B., Salt Lake City)

Answer: It is legal for you to photograph abalone free-divers while you are using a tank, as long as you observe a couple of regulations.

According to DFG Associate Marine Biologist Ed Roberts, the California Code of Regulations Title 14, section 29.15(e) prohibits the use of scuba gear or surface-supplied air while taking abalone. If you are using a tank while photographing abalone free-divers, you cannot assist them with taking abalone. You cannot help them pop abalone off the rocks, or spot abalone for them, or do anything else that could be construed as giving assistance in taking abalone. In addition, under this section the possession of abalone is prohibited aboard a vessel that also contains scuba gear or surface-supplied air. This means you will have to use a separate boat -- you cannot board the same boat that the abalone free-divers are using while you are using scuba gear.

Q: Is it legal to use mice as bait for stripers and bass? (Chris M.)

Fish and Game Q&A: Can an angler carry a firearm while fishing?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Outposts, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly Q&A column (Note: A technical issue did not allow for last Thursday's column to be posted until now):

Question: I was out fishing at Pine Flat Reservoir this last weekend, and I came across an angler. He had a handgun on his side. I thought he was a warden, but he was fishing about 20 yards from me. He was dressed in civilian clothes (blue jeans, long sleeve shirt with a fishing vest). I did not talk to him or ask him his name. When I got home, I told my cousin about it, and he told me that he heard there’s a clause in the Fish and Game policy that makes it OK for anglers to carry a gun (pistol) while out fishing, as long as the pistol is not loaded and as long as the angler possesses a California fishing license. Is this true? (Alex V.)

Answer: There is a California Penal Code law that allows anglers to carry a gun while fishing and while hiking to and from their angling site. California Penal Code, Section 12025, prohibits carrying concealed firearms in California, but Section 12027 provides the following exemption to this prohibition: "Licensed hunters or fishermen carrying pistols, revolvers or other firearms capable of being concealed upon the person while engaged in hunting or fishing, or transporting those firearms unloaded when going to or returning from the hunting or fishing expedition." Remember that some areas that allow fishing, such as state and national parks, and some incorporated areas where fishing is allowed prohibit the possession of any firearm. Make sure to check on the local laws where you plan to fish. The California Bureau of Firearms in the Department of Justice posts a summary of California firearm laws online.

Backpacker shoots and kills grizzly bear in Denali National Park

A backpacker shot and killed a grizzly bear in Denali National Park and Preserve on Friday after the animal charged toward his hiking companion. This is the first shooting incident since a change in federal law that allows firearms to be carried in many national parks and wildlife refuges went into effect in February.

This is also the first known shooting of a grizzly bear in the wilderness portion of the park by a visitor.

According to park spokeswoman Kris Fister, the backpackers were hiking in an area about 35 miles from park headquarters when they heard noise in nearby brush. The male hiker drew a .45-caliber pistol he was carrying, and when the bear emerged and charged toward his female hiking companion, he fired about nine rounds toward the grizzly.

The bear returned to the brush, at which point the hikers headed back the way they came, until meeting a park employee and reporting the incident.

Since it was unclear if the animal was killed or only wounded, the area was immediately closed to other hikers. The bear's carcass was discovered Saturday evening by park rangers near where the shooting took place.

The names of the hikers have not been released, pending investigation into the justification of the shooting. According to the press release issued by Fister, it is legal to carry a firearm in the original Mt. McKinley portion of the park where the incident occurred, but it is not legal to discharge it.

-- Kelly Burgess

Photo: A grizzly in Denali National Park and Preserve. Credit: Kent Miller

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Fish and Game Q&A: Will controlling Sacramento pikeminnow help salmonids?

In support of the California Department of Fish and Game and its effort to keep hunters and anglers informed, Outposts, on Thursday or Friday, posts marine biologist Carrie Wilson's weekly Q&A column:

Question: On a local fishing message board, there has been discussion specifically on the killing and discarding of incidental catch Sacramento pikeminnow caught while fishing for steelhead in the American River. One point of view is they are a native fish and part of the ecosystem of the Sacramento River and tributaries, and if you catch them, you should be able to keep them for food or release them unharmed into the water. Another point of view is that on the American River, dams have altered the natural ecosystem. As a result, salmon and steelhead had their spawning range greatly reduced and put the fry and smelt in greater peril with predators such as the pikeminnow.

In the past, a bounty has been placed on pikeminnows at organized fishing derbies on the Sacramento River. This was aimed at reducing their population. The Columbia River has a similar annual event to try to control the pikeminnow numbers. What is DFG’s position on this matter? (George N., El Dorado Hills)

Answer: There may be some confusion among local anglers about Sacramento pikeminnow (formerly known as Sacramento squawfish) management in their native Sacramento River system. According to DFG senior fisheries biologists Terry Jackson and Scott Downie, there have been efforts over the years to remove them as a non-native predator because they were illegally introduced to the Eel River system in approximately 1979. Following that Eel River introduction, DFG conducted various experimental capture and removal efforts in the Eel, and a few private groups sponsored derbies and sometimes offered bounties, but these efforts proved to be biologically futile. DFG has not conducted any such efforts on Sacramento pikeminnow in waters where they are native.