HB 1196 - FINAL VERSION

19march98.....0862h

5/21/98 1789s

5/21/98 1845s

18jun98.....2194-CofC

18jun98.....2280-EBA

1998 SESSION

98-2071

10/08

HOUSE BILL 1196

AN ACT relative to prohibiting the sale of lead fishing sinkers and lead jigs in fresh waters of the state and establishing a lead education program concerning the effects of lead on loons and other water birds and wildlife.

SPONSORS: Rep. J. Bradley, Carr 8; Rep. MacNeil, Graf 7; Rep. R. Rogers, Straf 15; Rep. Patten, Carr 9; Sen. Johnson, Dist 3; Sen. Russman, Dist 19; Sen. Cohen, Dist 24; Sen. K. Wheeler, Dist 21; Sen. McCarley, Dist 6

COMMITTEE: Wildlife and Marine Resources

AMENDED ANALYSIS

I. Establishes a lead education program.

II. Prohibits the use of lead fishing sinkers and lead jigs effective January 1, 2000.

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Explanation: Matter added to current law appears in bold italics.

Matter removed from current law appears [in brackets and struckthrough.]

Matter which is either (a) all new or (b) repealed and reenacted appears in regular type.

19march98.....0862h

5/21/98 1789s

5/21/98 1845s

18jun98.....2194-CofC

18jun98.....2280-EBA

98-2071

10/08

STATE OF NEW HAMPSHIRE

In the Year of Our Lord One Thousand Nine Hundred and Ninety-Eight

AN ACT relative to prohibiting the sale of lead fishing sinkers and lead jigs in fresh waters of the state and establishing a lead education program concerning the effects of lead on loons and other water birds and wildlife.

Be it Enacted by the Senate and House of Representatives in General Court convened:

1 Findings. The legislature finds that the loon population of New Hampshire is a unique and popular threatened species and is an integral part of the economic and social fabric of our citizenry, and of our natural environment. However, even though the loon population appears to be increasing in the state a preliminary review of research and literature on the toxicity of lead to loons and other waterbirds indicates that ingestion of lead fishing sinkers and jigs may pose a significant hazard to waterbirds. Lead is a toxic metal and certain types of non-lead fishing sinkers and jigs can be purchased at little or no additional cost. In particular, lead fishing sinkers and jigs may pose a significant threat to the loon population of New Hampshire. Therefore, the legislature finds a need to educate the public on the effects of lead fishing sinkers and jigs on loons and other waterbirds, and to phase in a prohibition on the use of lead fishing sinkers and jigs. The legislature further encourages our neighboring states to enact legislation to protect our interstate lakes and ponds and encourages the executive director of the fish and game department to work with counterparts in these states towards those goals.

2 New Subdivision; Lead Education Program. Amend RSA 207 by inserting after section 59 the following new subdivision:

Lead Education Program

207:60 Lead Education Program.

I. To discourage the use of lead, the fish and game department, in consultation with the department of health and human services and in partnership with the department of environmental services, the Loon Preservation Committee, the Audubon Society of New Hampshire, and the New Hampshire Wildlife Federation, shall institute an educational program consisting of, but not limited to, press releases or articles for all news media, an informational brochure for distribution by licensing agents and at department sponsored training programs, videos for use by television outlets, posters for boat access kiosks and other bulletin boards, and a mobile display for use at public events.

II. The purpose of the educational program is to inform the public about adverse, though unintentional, effects of lead on wildlife, and how to reduce the introduction of lead into the environment through personal action.

3 New Section; Lead Fishing Sinkers and Jigs; Use Prohibited; January 1, 2000. Amend RSA 211 by inserting after section 13-a the following new section:

211:13-b Lead Fishing Sinkers and Jigs; Use Prohibited.

I. No person shall use any lead sinker or lead jig for the taking of fish in any fresh water lake or pond in the state, except as otherwise specifically permitted in this title.

II. A person using any such lead sinker or jig shall be guilty of a violation. Notwithstanding RSA 651:2, the penalty for a violation of this section shall not exceed $250.

III. The prohibition under this section shall apply to interstate lakes and ponds pursuant to RSA 211:14.

IV. For purposes of this section, "lead sinker" means any sinker made from lead, the lead portion of which has a mass of one ounce or less, and "lead jig" means a lead weighted hook that measures less than one inch along its longest axis. Lead sinkers and lead jigs shall not include lead fishing related items including but not limited to fishing line, flies, lures, or spoons

4 Effective Date.

I. Section 3 of this act shall take effect January 1, 2000.

II. The remainder of this act shall take effect upon its passage.