Request to Amend Regulations Regarding Methods of Take - Nonlead Ammunition

Agenda Item 15Fish and Game CommissionDecember 3, 2014Dan Yparraguirre, Wildlife and Fisheries Division

Process and Progress to Date3 Wildlife Resources Committee meetings13 other workshops and meetingsToday’s request to go to Notice

Discussion in FebruaryPossible Adoption in April

Started the CEQA processCompleted Initial Study and ChecklistHeld Public Scoping MeetingDraft Environmental Document in January

Changes in Regulatory TextSeptember WRC – handed out draft text5 technical changes for clarity and consistency:Moved nontoxic shot language from General Provisions (c)(2) to Definitions (b)(3).

b) Definitions. (1) A projectile is any bullet, ball, sabot, slug, buckshot, shot, pellet or other device that is expelled from a firearm through a barrel by force. (2) Nonlead ammunition is any centerfire, shotgun, muzzleloading, or rimfire ammunition containing projectiles certified pursuant to subsection (b)(3) or subsection (f). (3) Shotgun ammunition containing pellets composed of materials approved as nontoxic by the U.S. Fish and Wildlife Service, as identified in Section 507.1 of these regulations, is considered certified. (4) A nonlead projectile shall contain no more than one percent lead by weight, as certified pursuant to subsection (b)(3) or subsection (f).

Changes in text – cont’d

Revised cross references in General Provisions to reflect the above change.

(c) General Provisions. (1) Except as otherwise provided in this section, it is unlawful to possess any projectile containing lead in excess of the amount allowed in subsection (b)(4) and a firearm capable of firing the projectile while taking or attempting to take wildlife. (2) The possession of a projectile containing lead in excess of the amount allowed in subsection (b)(4) without possessing a firearm capable of firing the projectile is not a violation of this section.

Changes in text – cont’d

Added clarification statement in subsection (d)

(d) Phased Approach to Prohibit the Use of Lead Ammunition for the Take of Wildlife. The use of lead projectiles is authorized until the effective dates described in subsections (d)(1), (d)(2), and (d)(3).

Changes in text – cont’d

Removed the phrase “except as provided in subsection (c)” from subsections (d)(1), (d)(2), and (d)(3) since that language occurs under General Provisions.Revised cross reference in subsection (d)(2) to reflect move of language regarding nontoxic shot to Definitions.

No changes in proposed phasing from September

Proposed Phases:2015: Nonlead required for:

Wildlife Areas and Ecological ReservesBighorn sheep

2016: Nonlead required for:Larger (most) game birds, including turkeys (waterfowl size shot)Small game mammals (by shotgun)Non-game, depredation and furbearers (by shotgun)Except on Licensed Game Bird Clubs (2019)

Proposed Phases cont’d2019 - Nonlead would be required for the take of all wildlife:

All big gameAll remaining game birdsSmall game mammals (by rifle/handgun)Non-game, depredation and furbearers (by rifle/handgun)Muzzleloaders

Wildlife Society Bulletin DOI: 10.1002/wsb.504

A Comparison of Lead and Steel Shot Loads for Harvesting Mourning Doves

BRIAN L. PIERCE,1 Institute of Renewable Natural Resources, Texas A&M University, College Station, TX 77843-2258, USATHOMAS A. ROSTER, 1190 Lynnewood Boulevard, Klamath Falls, OR 97601, USAMICHAEL C. FRISBIE, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, TX 78744, USACOREY D. MASON, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, TX 78744, USAJAY A. ROBERSON, Texas Parks and Wildlife Department, 4200 Smith School Road, Austin, TX 78744, USA

http://www.tpwd.state.tx.us/huntwild/wild/game_management/dove_summary/

Compared several metrics of harvest

Among 1 lead and 2 steel loadsUsing volunteer hunters with unmarked shellsTrained professional observers, who observed:

No differences among shot types in birds bagged or wounded per shotNo differences among shot types in distance of birds bagged or wounded

Necropsy analysis: No differences in 3 measures of killing efficiency

Ammo and choke combinations with higher pattern density = more effective

Cooperative National

Dove Hunter Survey

FINDINGS

National Flyway Council

National Dove Hunter Survey Sample… The 26-question survey was sent to randomly selected hunters,

drawn from the Harvest Information Program (HIP) database, in the 40 states with dove hunting seasons in June 2013.

Sample size was approx. 800 per state to ensure survey results are applicable at the national, regional (e.g., Dove Management Unit (DMU) and state levels.

30,382 surveys successfully delivered, 12,631 hunters responded—earning a 41.6% response rate.

Rounded margin of error for national estimates is 1%, and for DMU estimates, 2% (95% confidence level).

DOVE HUNTERS ARE UNCERTAIN ABOUT THE IMPACT OF LEAD ON THE HEALTH OF DOVES & OTHER WILDLIFE…

Roughly 1 in 5 respondents

answered that concerns about

lead shot consumption by

wildlife have been explained to

hunters—the other 4 of 5

hunters are either “neutral,”

“don’t know,” or “agree” that

explanation is lacking.

Don’t know if eating lead shot causes doves to die (~50%)

Concerned that non-lead shot cripples doves more than lead shot (~50%)

Think because doves have short lifespan, lead exposure doesn’t effect dove populations (40%)

Believe that the U.S. can’t limit health effects of lead on dove populations because countries south of U.S.-Mexico border have no restrictions (51%)

…Dove hunters believe that hunting participation would be impacted.

(1) 36% would “probably quit hunting doves if required to use non-lead shot” (39% disagreed)

(2) ~50% think requiring non-lead shot would reduce the number of young people recruited to hunting

(3) ~50% would probably reduce the number of trips they take to go dove hunting

But if non-lead shot was

required…

Dove hunters mainly get their info from:

(1) Friends & family (79%)

(2) Magazines (64%)

(3) State wildlife agency (61%)

(4) Internet (58%)

(5) U.S. Fish & Wildlife Service (47%)

(6) TV (36%)

(7) Sporting goods store (32%)

(8) Newspapers (28%)

(9) Radio (13%)

DOVE HUNTERS TRUST…

Avid/experienced dove

hunters to represent the

interest of dove hunters

& they rely mostly upon

friends/family and the

Internet for hunting

information.

AND THEY SORT OF TRUST…

Medium Level of Trust

Game wardens, hunting organizations, wildlife biologists, hunting guides, ammunition manufacturers and hunting businesses

Medium-Low Level of Trust

Outdoor writers and staff at sporting goods stores

http://www.fishwildlife.org/index.php?section=dove-hunter-survey&activator=89

Or type “National Dove Hunter Survey” in a search engine

Take home:

There is some work to be done in outreach and communication

Questions?