reportLood2024_3 July 2024.pdf

GET THE LEAD OUT

FISHING LEAD IN COMPARISON AMERICAS TO EUROPE

By Nicholas Hauptmann student of Brigham Young University 10 July 2024

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FISHING LEAD IN COMPARISON AMERICAS TO EUROPE SUMMARY This report describes the steps the United States (US), Canada and Europe have made in concern to the use of fishing lead. The analysis has been done by means of research by internet and by talking with stakeholders. Reports about water(s) with a ban for using lead fishing weights have been found in all countries investigated. Lead is poisonous however in most locations still used as fishing weight. Due to its small size it can be swallowed by birds causing mortality of e.g. common loons or swans. Also it pollutes (drinking) water and is dangerous for humans. Therefore England and Denmark have national bans for lead tackle. Other countries or states have bans for specific regions (refuges, National Parks) or specific authorities (waterboards, municipalities, commercial fishing waters). Problems caused by use of lead fishing weights could be solved if a total national ban on its use would be made. And not after many years of waiting but immediately. Sale, import, and use must be made illegal and must be enforced. Because of the unpredictable time needed for EC decision making and the long transition periods proposed after Entry into force, urgency is needed. The proposal process started in 2018 but it has not had an effective implementation yet. (Serious) penalties for violations must be introduced.

This report is also a call to governments and organizations to take responsibility and implement a ban on the use of fishing leads. As, for example, the Amstel, Gooi and Vecht Water Board, municipalities such as Apeldoorn, Deventer, Helmond and Amersfoort, the Province of Overijssel, Staatsbosbeheer and the Utrecht and Amsterdam angling associations have already done.

Note that this report does not pretend to be fully covering all information on this subject. It is meant to give a first step clarification which helps the discussion.

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CONTENT Summary 1. Introduction 2. Purpose and problem 2.1 Problem 2.2 History of lead 3. Approach 4. Laws and regulations 5. Situation in the US 5.1 Agencies 5.2 Federal government 5.3 Fishing organization 5.4 NGO’s 5.5 US state level 5.6 Enforcement of lead bans 6. Situation in Canada 7. Situation in Europe 7.1 Agencies 7.2 Governmental 7.3 Fishing organization 7.4 NGO’s 7.5 Europe country level 8. Comparison US, CANADA and Europe 9. Conclusion 10. Literature Moments to learn. Thanks to HZ Vlissingen Appendix 1. Presentation Europe Direct, The Haque at 17 June 2024 2. Comments restriction proposal ECHA

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1. INTRODUCTION My name is Nicholas Hauptmann and I am a student at Brigham Young University (BYU). I am living in The Netherlands working with Stichting Gezond Water (SGW) to complete my final internship for my senior year. I am looking into discovering the differences between some countries in Europe and the United States regarding the use of lead in fishing weights. Stichting Gezond Water or Foundation Healthy Waters is committed to the health of water systems and human's health with focus on fishing lead. Sport fishermen are not only the biggest but also the most unnecessary source of lead in the waters. Besides lead, SGW also worries about PFAS and plastic fluff. Recently SGW has asked municipalities to expand permissions to fishing with a ban on fishing leads. The objectives of the internship are: - Research into the status of legislation and enforcement in the field of lead in the sport fishing in various European countries and USA states. At least some typical EU countries and American states. The number will be defined during the project. - Make the research results suitable for presentation to governments such as water managers and ministries and the European Commission. 2. PURPOSE AND PROBLEM The purpose of this report is to show the differences between America and different European countries on how lead on fishing tackle is regulated.

It is to show why lead is harmful and the negative effects on nature. By comparing countries to each other we can see how legal action has taken place to put bans on the use of lead and how countries make these decisions. We can also look at these comparisons as advice to other countries. We can see how some areas in the world are better at regulation of lead than others. With this information we can try and promote different organizations and governments to apply the same principles. The end goal is to make a ban here in the Netherlands on the use of lead fishing weights so the waters and Nature can be clean and free from lead toxins. 2.1 PROBLEM Lead is very dangerous and very toxic. It has been used in a wide variety of products found in and around our homes, including paint, ceramics, pipes and plumbing materials, gasoline, batteries, ammunition and cosmetics. It has been used commonly and all over the world for many years now. People started to notice the harmful effects that lead had. Just after leaded gasoline was introduced to the market in 1923, New York City banned leaded gasoline for over three years, as did many U.S. states and municipalities for shorter periods in the mid-1920s. In 1925, the production of leaded gasoline was halted for over nine months.

This was because of concerns raised after a horrible disaster that occurred in an oil company’s tetraethyl lead processing plant in Elizabeth, New Jersey, in

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4 October 1924. Five workers died and 35 others showed serious neurological symptoms of organic lead poisoning, out of 49 workers. When you fish with lead it can degrade and small portions will end up in the water. Fishing tackle can kill birds like loons, swans and geese. They eat small lead weights from fishermen left on the floor or in the water and they will die from poisoning. Lead is also bad in shot because when you shoot birds the shot gets stuck in the body of the bird and if you eat it, it will be a great health factor and you can risk being poisoned as well. Sport fishermen are not only the biggest but also the most unnecessary source of lead in the waters. In the European Union some 4840 ton fishing weights are left behind in the water every year. (ECHA 1) Over 30 % of all the lead in the water in the Netherlands is lead that has been lost by sport fishermen (Deltares, 2013). Already in 1908 the first articles about poisoning of waterbirds by lead fishing weight were published. Lead poisons the water, the water bottom, and the living organisms in the water. Lead accumulates in the food chain. Water organisms have different sensibility to lead but research shows effects of lead in the water as of a few micrograms per litre.

Wageningen University Research reports effects of lead on red list species (WUR, 2023) Copy of 1908 report National Library of Medicine Fransen et al (2003) published in Waterbirds: “From 1995 through 1999, 2,240 individuals of 28 species of waterbirds were examined in the United States for ingested lead fishing weights. A combination of radiography and visual examination of stomachs was used to search for lead weights and blood and liver samples from live birds and carcasses, respectively, were collected for lead analysis. Ingested lead weights were found most frequently in the Common Loon (Gavia immer) (11 of 313 = 3.5%) and Brown Pelican (Pelecanus occidentalis) (10 of 365 = 2.7%), but also in one of 81 (1.2%) Double-crested Cormorants (Phalacrocorax auritus) and one of 11 (9.1%) Black-crowned Night Herons (Nycticorax nycticorax). Birds with ingested lead fishing weights (including split shot, jig heads, and egg, bell, and pyramid sinkers) were found in California, Florida, Maine, New Hampshire, North Carolina, and Wisconsin.” Danger points are mentioned below. Lead poisoning is reported by WHO (2023) Lead causes anemia because it reduces the ability of red blood cells to carry oxygen through the body. Lead causes cognitive delays because it interferes with enzymes, mitochondrial reactions, and the nervous system. Lead is also deposited in bone where it remains for decades.

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5 Lead damages brains of young children (IQ loss) Lead can cause human health problems such as cardiovascular diseases, chronic kidney disease, high blood pressure and fertility issues. Lead is especially harmful to children and fetuses as it can interfere with their neurological development. It can also cause adverse pregnancy outcomes, such as low birth weight and even miscarriage. (ECHA 2, 2024)

Governments concern lead as a Substance of Very High Concern (Zeer Zorgwekkende Stof) or prioritary material. Emissions and use of SVHC should be prevented. Lead fishing weights are SVHC. 2.2 HISTORY OF LEAD Lead is a normal constituent of the earth’s crust, with trace amounts found naturally in soil, plants, and water. If left undisturbed, lead is practically immobile. However, once mined and transformed into man-made products, which are dispersed throughout the environment, lead becomes highly toxic. It is believed that mankind has used lead for over 6000 years. Lead mining probably predated the Bronze or Iron Ages, with the earliest recorded lead mine in Turkey about 6500 BC. The oldest artifact of smelted lead is a necklace found in the ancient city site in Anatolia. Lead’s toxicity was recognized and recorded as early as 2000 BC and the widespread use of lead has been a cause of endemic chronic plumbism in several societies throughout history. The Greek philosopher Nikander of Colophon in 250 BC reported on the colic and anemia resulting from lead poisoning 3. APPROACH This research is done for sweet water, although it can be used for salt waters too, the problems of lead are comparable for sweet and salt water. But since for angling in salt water mostly no permit/license is needed only sweet water has been investigated. Research is mainly done by the internet.

Relevant links are mentioned in the literature list. Information has also been obtained by conversations with people or organizations involved, people in fishing tackle shops or directly from anglers. Also emails to and from organizations like the Danish Environmental Protection Agency were used. During the 3 month internship following organizations mainly in The Netherlands were visited: Municipality Apeldoorn (25 April 2024), University of Applied Sciences in Vlissingen (several times), Loodvrij vissen Promodag organized by Agentschap Natuur & Bos, Sportvisserij Vlaanden and the VBK in Belgium (4 May 2024), sewage treatment 5

6 plant in Bath (15 May 2024), interview Modified Materials (3 June 2024), Europe Direct representative in Eindhoven (11 June 2024) and Den Haag (17 June 2024), Dutch Wildlife Health Center at the University of Utrecht (20 June 2024) and Delta conference in Roosendaal with the Zeeuwse Milieu Federatie (4 July 2024).

While I have been here I have been able to speak with members of the European commission and attend an event that concentrates on the Rights of the Westerschelde in Zeeland. I was also able to go to the University of Utrecht and attend the division where students and workers will look into how birds died and see what caused their death and run tests. With everyone we were able to speak with everybody was on the same page and agreed on the dangers of lead weights in fishing and that they were bad for the environment. 4. LAWS AND REGULATIONS In the US and Europe, legislation is organized more or less equally, top down. The president/EC decides and the states/countries implement. In 2018, Obama introduced a national ban on fishing leads that has been reversed, now Biden wants a national ban in 2026. A number of states have introduced a ban on fishing leads. A number of bans already apply to refugees and a complete ban for refugees has been proposed in 2026. The EC 'imposes' laws on the Member States, which implement them in national legislation. The ban on the sale of fishing leads in shops and on the import of lead fishing weights in Denmark is based on European legislation that also applies to all the other Member States. As for using fishing leads under 28 grams in England. European legislation is implemented in different ways in each country.

For example discharge of lead into the water/fishing with lead is/was subject to a permit requirement in the Netherlands based on the Waterwet, permits applied for in 2018 were refused by water quality managers due to the damage of that fishing lead to the water system. With the introduction of the Omgevingswet in the Netherlands as of January 1, 2024, the permit requirement for fishing with lead has been abolished, and the specific precautionary

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7 principles now apply to the use of lead. Belgium has the same permit requirement for fishing with lead as the Netherlands. In both the USA and the EC, lead is a substance of concern. In the EC lead is a Substance of Very High Concern (SVHC or ZZS) and one of the priority substances. In the USA lead is one of the substances on the Priority List. ATSDR and the U.S. Environmental Protection Agency (EPA) have prepared a Priority List of Hazardous Substances commonly found at facilities on the CERCLA National Priorities List (NPL). The Priority List of Hazardous Substances (also called the Substance Priority List) includes substances that have been determined to be of greatest public health concern to persons at or near NPL sites (ATSDR, 2024). For priority substances, use and emissions must be prevented due to the risks for humans and the environment (reprotoxic, carcinogenic, bioaccumulative) in the EC while in the USA aquatic toxicity, chronic toxicity and carcinogenicity are measured.

Requirements apply to lead in water; in the Netherlands, het Besluit Monitoring Water Kwaliteit knows a standard of 1.2 micrograms per liter for lead in fresh water. Other countries in the EC also have standards. The Environmental Protection Agency in the USA uses 1,46203 micrograms per liter for fresh water. (National Recommended Water Quality Criteria - Aquatic Life Criteria Table) The possibilities of existing legislation to stop the use of fishing leads seem not used everywhere, these options are not used (see also under Enforcement).

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8 Overview of some lead weights (ECHA1, 2024) In all countries in this study, fishing in fresh water requires a permission, which a fisherman must be able to show. In the USA, these permissions are given by the Fish and Wildlife Service of the relevant state. This permission includes conditions such as prohibitions on the use of lead. The costs for the different states average $25. In the Netherlands, the fishing pass (Vispas) is issued by Sportvisserij Nederland, and for many waters a permit is required from the local fishing association. Fishing pass costs 35.00 euros, costs for local permits vary. In Belgium, permissions (Visverlof) are given by the Nature and Forest Agency (Agentschap Natuur en Bos) for non-navigable waters in Flanders, for navigable waters in Flanders a Fishing Permit is required from the region. For Wallonia, a Walloon fishing permit from Maison Wallone de la Peche is required, supplemented with membership of the local fishing association or permission from the landowner for non-navigable waters, for navigable waters a fishing permit from the Walloon region is sufficient. Costs for a fishing permit Wallonia 12.39, Flanders 48.00. Fishing association permits costs vary. There are private waters in both the Netherlands and Belgium for which permission from the owner is required. Conditions are included in both the Vispas and the Visverlof.

In England, a rod fishing license is required for fishing from the Environmental Agency. This license includes conditions (byelaws) for fishing, such as the ban on lead. Cost of a rod fishing license is 23.80 pounds. There are also private waters in England for which different conditions apply. However, the ban on lead applies to all waters. In Denmark a license is needed from the Danish Ministry, in Canada licenses are delivered by the Government of Canada. 5. SITUATION IN US 5.1 AGENCIES The Environmental Protection Agency (EPA) works to ensure that Americans have clean air, land and water and makes national efforts to reduce environmental risks based on the best available scientific information. Federal laws protecting human health and the environment are administered and enforced fairly, effectively and as congress intended. Contaminated lands and toxic sites are cleaned up by potentially responsible parties and revitalized; and chemicals in the marketplace are reviewed for safety (EPA 1, 2024). In 2011 EPA received a petition from the Toxic Substances Control Act (TSCA) to regulate lead in fishing tackle to protect the environment. It relates to fishing tackle containing lead (including fishing weights, sinkers, lures, jigs, and/or other tackle) of various sizes and uses that are ingested by wildlife, resulting in lead exposure.

In 2012 EPA responded 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… is necessary… given the mix of regulatory and education actions state agencies and the Federal Governments already are taking to address the impact of lead fishing tackle on local environments. The risk 8

9 described in the petition does appear to be more prevalent in some geographic areas than others, and the trend over the past decade has been for increasing state and localized federal activity regarding lead in fishing tackle…. EPA also recognizes that the market for fishing tackle and equipment continues to change and that the prevalence of non-lead alternatives in the marketplace continues to increase. In light of these trends, the petition does not demonstrate that rulemaking is necessary” (EPA 2, 2024). EPA states that lead is also harmful to adults (EPA 3, 2024). Adults exposed to lead can suffer from: 1. Cardiovascular effects, increased blood pressure and incidence of hypertension 2. Decreased kidney function 3. Reproductive problems (in both men and women) The United States Fish and Wildlife Service (FWS) is a federal government whose primary responsibility is the conservation and management of fish, wildlife, plants and their habitats for the American people. They hand out permits for fishing in every state of the USA. In websites of FWS it is recommended not to use lead for fishing. In the states where there is a ban for use of lead it is in its regulation for fishing. 5.2 FEDERAL GOVERNMENT Federal Government regulates the National Wildlife Refugees and State Parks.

These places are specifically protected and provide refuge to animals and preserve nature the way that it is. -

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Refugees are controlled by the United States Fish and Wildlife Service (FWS), the only agency in the federal government whose primary responsibility is the conservation and management of fish, wildlife, plants and their habitats for the American people. See mission and Vision (FWS, 2024). National Parks and controlled by the National Park Service (NPS) The Bureau of Land Management (BLM) which is another federal agency that oversees more than 247.3 million acres of land (1/8 of US total landmass) and including wild and scenic rivers (BLM, 2024).

A federal ban on the use of lead shot for hunting waterfowl was phased in starting with the 1987-1988 hunting season; the ban became nationwide in 1991. In California, nonlead ammunition is required for taking any wildlife with a firearm. In 2017 Obama was working with USFWS to ban lead in national parks and wildlife refuges. It was under motion however this was beginning of 2017 and the Trump administration canceled before it was actually fulfilled. Unfortunately it was never put in place (Obama, 2017).

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Pioneering golden eagle found poisoned in Yellowstone (Yellowstone, 2019) President Biden launched in 2021 an ambitious conservation campaign called America the Beautiful. This to conserve and restore the lands and waters on which we all depend, and that bind us together as a country. The progress report of 2023 mentioned New National Parks, Wildlife Refuges, and Other Conservation Actions (America, 2023). Furthermore an initiative is being secured through the Biden administration. In an effort delivering over 1 billion dollars for the initiative, the land in the US will be protected and ecosystems will be restored once again. The central idea is that by having every family to have access to nature and all its beauty. The other part is to rely on ourselves and each other that we will preserve nature and clean the environment and not use materials that are toxic and harmful to nature.

Copy: America the Beautiful details by the Department of Interior In June 2022 the Biden administration proposed a plan to phase out lead ammunition at ten specific refuges, but then abandoned that plan for Canaan Valley when West Virginia officials objected, even though the state officials’ objections were based on concerns that the agency otherwise rejected. That decision essentially gave state officials a veto over

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11 any phase out of lead ammunition on federal refuge lands and set a troubling precedent for future FWS action on refuge-specific lead phase outs. In May 2024 the Biden ban has been stopped as you can read below. 5.3 FISHING ORGANIZATIONS The American Sportfishing Association (ASA) has recently tried to stop the ban on the use of lead fishing tackle on federal waters and was successful (Angling, 2024). “Legislation has been approved in the US to overturn a ban on the use of lead fishing tackle on federal waters.The Protecting Access for Hunters and Anglers Act passed the US House of Representatives this week. The legislation prohibits the Secretary of State of the Interior or the Secretary of Agriculture from banning the use of lead tackle and ammunition in federal lands and waters unless such regulation is consistent with state law and supported by science. The move has been backed by the American Sportfishing Association (ASA) and follows the prohibition of lead issued by the Biden administration in three million acres of federal land in October last year. The concern over the potential ban of lead in tackle and ammunition is due to the fact that the substance is easier and cheaper to make and more readily available to sportsmen.

Banning its use would make fishing less accessible by increasing the financial barriers for sportsmen and women.” 5.4 NGO’s As described above lead is poisonous and affects health and wildlife. This is why so many non-governmental organizations (NGO’s) are fighting for a lead free environment. The Sierra Club has a mission to explore, enjoy and protect the wild places of the earth. To practice and promote the responsible use of the earth's ecosystems and resources. To educate and enlist humanity to protect and restore the quality of the natural and human environment, and to use all lawful means to carry out these objectives. In 2023 the Sierra Club had a lawsuit to the US Fish and Wildlife Service (FWS) on the harmfulness of lead ammunition (Sierra, 2023). The Center for Biological Diversity (CBD) has a mission that they believe that the welfare of human beings is deeply linked to nature, to the existence in our world of a vast diversity of wild animals and plants. Because diversity has intrinsic value, and because its loss impoverishes society, we work to secure a future for all species, great and small, hovering on the brink of extinction. We do so through science, law and creative media, with a focus on protecting the lands, waters and climate that species need to survive.

In 2022 the CBD and allies filed a petition to phase out lead ammunition and fishing tackle at all refuges. FWS reviewed and rejected the petition last June. The final lead-ban rule 11

12 implemented by the FWS comes on the heels of ongoing settlement negotiations between the agency and the CBD, a lawsuit in 2022 that includes a dispute over the use of lead ammunition on refugees (CBD 1, 2022). Both FWS and CBD have identified the importance of the new lead-ban rule in their negotiations, but it remains to be seen what that final settlement will include. CBD and the Sierra Club also submitted a petition to the Secretary of Interior, Deb Haaland, through the FWS to phase out lead ammunition and fishing tackle on national wildlife refuges (CBD, 2, 2022). The National Audubon Society (NAS) has a mission to protect birds and the places they need, today and tomorrow, throughout the Americas using science, advocacy, education, and on-the-ground conservation. The NAS warns that while the federal ban on lead ammunition has gone, the dangers to birds and people will exist (NAS, 2022). PEER (Public Employees for Environmental Responsibility) supports current and former public employees who seek a higher standard of environmental ethics and scientific integrity within their agencies. PEER does this by defending whistleblowers, shining the light on improper or illegal government actions, working to improve laws and regulations, and supporting the work of other organizations. All PEER’s services are provided pro bono, without charge.

Through PEER, public servants can choose to work as “anonymous activists” so that public agencies must confront the message, rather than the messenger. In 2009 PEER initiated the “Get the Lead Out” campaign with a plan to ban lead tackle in all National Parks. This plan was abandoned but progress was made; some parks made reduction efforts and others stepped up by no longer selling lead based tackle in their parks. Other parks banned the use of lead fishing tackle. In September 2022 Lead tackle was banned in 18 National Wildlife Refuges. In 2022 PEER proposed secretary Deb Haaland of the Department of the Interior to ban lead in ammo and tackle. American Bird Conservancy, the Union of Concerned Scientists and many more are working together with PEER sometimes like in bans for lead. In 2022 an scientific article was published showing the persistence of the lead problem and that the lead poisoning has demographic implications for eagles across North America. “Slabe et al. looked at lead levels in samples collected from bald and golden eagles across the United States. They found that almost half of all animals sampled had chronic, toxic levels of lead. Demographic modeling suggested that these levels are high enough to suppress population growth in both species.”(Science, 2022).

Many others like Toxics Use Reduction Institute (TURI), Congressional Sportsmen Foundation on the contrary are mostly promoting the use of lead tackle by trying to prevent bans on use of lead tackle.

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13 5.5 US STATE LEVEL A lot of States in America have made the conscious effort of protecting the wildlife so they ban lead tackle because of birds ingesting the lead and harming their lives. In states like New York and Maine the common loon is considered an endangered species. So organizations like CBD and Sierra project come and warn the United States fish and wild service as well as the EPA because of the toxic nature of lead. As we know lead is not found in drinking water so there is not really a concern to ingest it. What is alarming however is the effects it has when using lead products such as fishing weights and what that can do to your body. An overview of the US situation can be found in below table.

Table: Overview of US states with whole state ban on lead fishing weights (green) or national park or refugee ban (yellow). About the remaining states there is no information. Until now 8 states have a lead fishing weight ban. In the states with no ban, it seems there is less nature or fishing water and/or less concern for the birds. In the United States there are 7 states where using lead weight under 1.5 ounces is prohibited. These states are: Maine, Massachusetts, Minnesota, New Hampshire, New 13

14 York, Vermont, and California. This also prohibits the sale of the same size weights in fishing stores. We all know lead is very toxic and is a material that raises high concern. In the United States the common Loon is listed under the endangered species for animals. Because of fishermen that use lead fishing weights the fish end up swallowing small lead weights. The common loon eats fish and by consuming the lead in the fish kills the loon prematurely. The US Fish and wildlife service is a section of the government, and they are in charge of protecting wildlife and nature. Part of what they do is having specific areas across the United States as wildlife refuges. In these areas they seek to protect animals and let them live in their natural habitats. 378 of the 571 you can fish at the locations according to the state regulations. There is a proposal to phase out lead tackle and ammunition by specific wildlife refuges by 2026. The reason is because accumulated lead levels can present a danger to wildlife health. The government is also in charge of the national parks, there are around 450 and Yellow Stone is a popular park in Idaho, Wyoming, and Montana. There is a complete ban on lead across the whole park where lead fishing weights are not allowed. Here is a direct quote from the Yellowstone regulation manual: “Lead is a toxic environmental contaminant.

It accumulates in fatty tissue, eventually causing lead poisoning. Wildlife such as waterfowl, cranes, and shorebirds are vulnerable because of their largely fishbased diets''. The Idaho Department of Health and Welfare made a safety guide (Idaho, 2021), see below.

Left side: Copy of Idaho flyer (Idaho, 2021) Right side: Copy of Massachusetts article (Onasch, 2007) In Massachusetts a community project from Toxics Use Reduction Institute (TURI) resulted in an initiative of Getting the Lead out of Massachusetts Fishing One Sinker at a

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15 Time. Also alternative materials for lead were evaluated e.g. bismuth, ceramic, steel, tin and tungsten (Onasch, 2007).

Table: Mortality of lead poisoning in Birds in the state of Maine from 1997-2012 (Main Audubon, 2013) 5.5 ENFORCEMENT OF LEAD BANS When a ban is in place one can decide if control is needed to enforce the ban. Bans for lead are included in the regulations for fishing in a National Park. US National Parks have park rangers.The BLM is in charge of managing the campgrounds and is a government agency where you would go to, to get permission to camp on the land. The state of Washington has a leaflet for consumers on the risks of lead for loons and use of alternatives fishing weights. In Lake district national park it states that you can use lead in fishing weights, there is nothing stating that it is bad for the environment (Lake, 2024). Visitor information for national parks can be found (NP, 2024). Although there are National Parks with bans for use of lead no reports have been found about enforcement of lead bans in the Parks or refugees.

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SITUATION IN CANADA

Canada banned the use of lead fishing sinkers to prevent fatal poisoning of Common Loons (or Gavia immer) in 1997 not national but on local level in national parks and national wildlife areas. The bans are for lead weights below 1,7 oz (e.g. lead weights below 48,2 g). There are 37 national parks and 10 national park reserves in Canada that represent 31 of Canada's 39 terrestrial natural regions and protect approximately 336,343 square kilometers of Canada's lands. You can’t use lead fishing sinkers or jigs in Canada’s national parks and wildlife areas because of lead poisoning. The Canadian Veterinary Medical Association (CVMA) strongly supports a ban on the use of lead fishing weights, jigs and lead shot because of the direct and indirect harm they may induce in humans, wildlife and the environment. The CVMA strongly supports the development and use of non-toxic materials for hunting and angling purposes.(CVMA, 2021). The government of Canada published a US and CANADA migratory bird treaty the convention provides for the management of migratory bird species through sustainable hunting, and conservation of migratory bird populations In Alberta, the use and possession of shot other than non-toxic shot is prohibited while hunting migratory game birds.

Within National Wildlife Areas that allow hunting, the possession of lead shot is prohibited for all types of hunting, including the hunting of migratory birds and upland game birds. (Canada, 2022). So far no information on enforcement upon use of lead fishing sinkers or jigs is found.

Copies: Exchange program Rideau Valley for lead fishing tackle.

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7. SITUATION IN EUROPE 7.1 AGENCIES The European Chemicals Agency (ECHA) purpose is to provide transparent, independent and high quality scientific opinions and decisions, which shall serve as the basis for the drafting and adoption of Union measures. Echa says lead has been used in ammunition for hunting and sports shooting and in fishing tackle for centuries. It is estimated that around 44 000 tonnes of lead are dispersed into the EU environment from these uses each year: 57 % from sports shooting, 32 % from hunting and 11 % from fishing activities. Say 5.000 tons each year.(ECHA 1, 2024) In the EU there is already a ban on lead shot for wetlands. ECHA has proposed a restriction to the European Commission on lead use in hunting, sports shooting and in fishing. The proposed restriction could reduce lead emissions by approximately 630 000 tonnes over 20 years following its introduction. This is a reduction of 72 % compared to a situation without the proposed restriction. ECHA justified its proposal by citing the estimated 127 million birds put at risk of lead poisoning every year across the EU. People are also exposed through game killed with lead shot or during the manufacture of ammunition, sinkers and lures at home, it said, leading to detectable loss of IQ in about 7,000 children across the bloc. Exposure to lead can also make birds more vulnerable to disease.

Further 14 million are at risk because of secondary poisoning arising from the ingestion of lead gunshot or other lead projectiles, and seven million birds are at risk because of ingestion (primary poisoning) of fishing sinkers and lures. The call for evidence can be found on the internet (ECHA 2, 2024). Health effects as reported are: “Exposure to lead can happen through food and drinking water, inhalation and maternal blood. It can cause health problems such as cardiovascular diseases, chronic kidney disease, high blood pressure and fertility issues. Lead is especially harmful to children and fetuses as it can interfere with their neurological development. It can also cause adverse pregnancy outcomes, such as low birth weight and even miscarriage.” In June 2019, the European Chemicals Agency (ECHA) started preparing the restriction proposal for lead in shooting sports and fishing leads. The proposal was open for 17

18 submitting views on this proposal from March 24, 2021 to September 24, 2021. A total of 319 comments were submitted, a fifth of which were specifically about fishing leads. Decision-making in the European Commission was originally scheduled for the spring of 2023, this has been postponed to spring 2024, but decision-making is still pending. According to those involved in Europe Direct, the EC's representation in the Netherlands, with whom a conversation was held on June 17, 2024, it is impossible to say when decision-making will take place. According to Europe Direct, the file has not yet been completed, but it is not known where the problem lies. It is known that consultation with the Member States on the proposal has not yet taken place. Given the recent elections for the EC, it is questionable whether a decision will be made in 2025. Because views provide an idea of the opinion of those involved in society about the use of lead in fishing, the views have been examined. Because opinions often concern the use of lead, there is overlap with lead in shooting sports. A summary of the views is an appendix to this study. In the table below, the views are classified by subject. There are three types of views, from private individuals, from organizations and from member states. Member states are not in the table they are described. private person

organization

bird poisoning

4

direct ban

33

43

danger human/animals

1

1

lead alternatives

2

12

social costs

2

6

information research

1

5

transition periods

2

home casting

4

hand-mouth intake

1

prevent loss of lead

1

reuse of lead

1

interest of producers

3

cattle poisoning

1

total

50

2

1

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Table: Analysis of comments on ECHA proposal A comment of a lead producer assumes that the lead loss is not 100% of the lead sold, but only 10% of it. Fishermen would use a thinner line (breaking piece) that leaves only

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19 the hook in the water and not the lead. Another comment indicates that the restriction proposal (within his own network) is completely unknown and advises to improve this in subsequent cases. A scientist indicates that he works with 34 organizations that fight against lead poisoning of birds in their work areas and points out 6 areas where successful experiments with lead alternatives have been carried out. In Italy the petition “No more lead for Hunting. Stop intoxicating Raptors in the Alps.” collected 12,500 signatories in just a few months. The signatories and 46 supporting organizations want a ban on lead as soon as possible (Italy, 2024). The consultative platform, www.Polltix.co, has consulted on the lead ban; 57 municipalities participated in the survey, of the 934 respondents, 68 were in favor of the ban and 28% were against. Age is a parameter in favor/against, the lower the age, the greater the percentage in favor of the ban. Men are more likely to be against it than women. The ECHA indicates that in the comments there is general support from the fishing sector for a ban included strong enforcement to stop home casting. The ECHA reports 20 comments about home casting. Because in this study comments are classified by prominence of subject, the table shows different numbers.

Not all countries have submitted comments, but member states Belgium, Cyprus and Norway are calling for a faster ban than the proposal proposes, due to lead in mussels, flatfish and others, risks for humans and burden on the environment. Member state Denmark, which has banned the sale and import of lead fishing weights since 2001, believes 0.1% lead by weight is far too much and advocates 0.01%. Member state Germany warns for lead present in so-called lead-free products. Member state Slovakia advocates information about the risks of home casting. Member state Croatia advocates lead conservation because of lead production in the country. It is clear that organizations confronted with the consequences of lead (poisoning of birds and other animals, damage to human health, contamination of water and soil) are calling for a (faster) ban. Organizations involved in the trade or production of lead or representatives of anglers argue for the retention or extension of the use of lead. 7.2 GOVERNMENTAL Since in every country different organizations are involved they are not described here but per country. 7.3 FISHING ORGANIZATIONS The European Fishing Tackle Trade Association (EFTTA) was established in London in 1981 with a clear purpose: to support the European sportfishing tackle sector: the manufacturers and wholesalers, the importers and exporters. The EFTTA support

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20 includes promotion and protection of the sportfishing activities, to grow the tackle business and influence policies and legislation of importance to the sector, the sport fishers (also named "recreational anglers") and the environment. To do so effectively EFTTA has registered as an official lobbying association in Brussels. The EFTTA has made a statement that before 2018 selling and production of lead fishing would have been stopped. Later (2020) the EFTTA objected to the proposal of ECHA but recently (May 2024) EFTTA board agreed to support not only a sales ban but also a use ban as the Chemical Agency (ECHA) has suggested in its advice to the EU Commission. In this statement the transition time for lead weights below 50 grams should be postponed to five years and the use of split shot lead below 0,06 grams should be derogated. In Demark the Danmarks Sportsfiskerforbund represents the interests of 121 angling clubs across Denmark. With approximately 18,800 members, it serves as a hub for Danish anglers. To make fishing an exciting and meaningful hobby and to enhance and protect our wild, unique fish stocks and waterfront nature. 60,000 volunteer hours are used to laying spawning gravel, planting aquatic plants, and caring for fish, as well as improving recreational fishing opportunities.

In Belgium, the Sportvisserij Vlaanderen (SV) is promoting fishing weight alternatives: SV represents all interests of anglers. SV is dependent on the contribution of members. SV promotes alternatives for lead tackle but water quality is not its main concern.

In The Netherlands, Sportvisserij Nederland (SN) represents the interests of anglers who contribute to SN through fishing permits that are mandatory for fishing (in 2023 690,000 fishing permits at €35). SN is an advocate for anglers. In view of the (more) costs of alternatives for fishing lead compared to fishing lead, a question is which interest SN serves in the fishing lead, the interest of the angler or the interest of the water system. SN is challenging proposals to include a ban on fishing lead in fishing permits (such as in Dordrecht and by Waterschap Amstel, Gooi en Vecht).

Sportvisserij Nederland and Sportvisserij Vlaanderen are also working on lead, but introducing an actual ban on the use of fishing lead (for example in fishing competitions) goes too far for them 20

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In ENGELAND the rod license is delivered by the Environmental Agency, part of the UK Government. Angling Trust is a non profit organization, representing anglers, fighting for fish, fishing and the environment. Angling Trust is recognised by the Government as the National Governing Body for angling in England. Angling Trust organizes angling matches and clean up campaigns (Angling Trust, 2024). The Angling Trust has been asked about the use of lead tackle by anglers. In CANADA permits for angling are provided by the Ministry of Natural Resources. Rules for use of lead tackle are included in the (rules of) permits. Angling organizations in Canada are not considered in this report. 7.4 NGO’s In Denmark, the Danish bird watching society is active (Bird Watch, 2024). In Great Britain but also globally, Birdlife is active (Birdlife, 2024). In the Netherlands, SGW is active. SGW refers to a report from Deltares (2013) saying that over 30 % of all the lead in the water in The Netherlands is lead that has been lost by sport fishermen. Lead poisons the water, the water bottom, and the living organisms in and around the water. Lead accumulates in the food chain, Water organisms have different sensibility to lead but research shows effects of lead in the water as of a few micrograms per liter.

Research by the Wageningen University Research and SGW shows the effects of lead on the red list Species (SGW, 2024) 7.5 EUROPE COUNTRY LEVEL Below is an overview table of the information on lead fishing weight ban in the various European countries as far as information could be found on the internet. The European Community (EC) involves 27 countries from which Great Britain has withdrawn in 2020. Legislation has also already become aware of the dangerous effect of lead in angling. So far, Denmark is the only country with a comprehensive ban on the import and sale of lead weights for angling. In other countries there are only local initiatives.

Table: Overview of Europe and Canada with whole (green) or partly (yellow) ban 21

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DENMARK Denmark has had a ban on sales of lead shot since 1996. Since 2002 Denmark has also adopted a general ban on the use of fishing weights containing lead. In 2007, an executive order from the Danish government banned the use of lead in commercial fishing equipment (Denmark 1 and 2, 2024). The ban on the import and sale of lead fishing tackle is only applied to anglers and recreational fisherman, not on commercial fishermen. The reasoning behind the ban is that lead is a toxic heavy metal and belongs to the group of 33 hazardous priority substances throughout Europe. Lead is a bioaccumulator with a high persistence. In simple terms, this means that the lead particles oxidize continuously and accumulate in any form of living being. Lead is not biodegradable in the environment. Danmark delivered a comment on the ECHA proposal to maximize lead concentration in tackle used for fishing to 0.01 % instead of the 0,1 % as proposed in the restriction proposal. In Denmark there are two kinds of anglers, anglers that use rods and anglers that use other gear like nets or gillnets. Both kinds need a permit but this research only is done for anglers that use rods. For fishing in Denmark a license from the Danish Ministry is needed, Cost of a license is around 30 euros. Danmark has 200,000 to 300,000 fishermen. Information on the website of the Danish Ministry (Denmark 3 and 4, 2024).

The Scientific Committee on Toxicity, Ecotoxicity and the Environment (CSTEE) states that according to a research document from the year 2000 it is reported that there has been a decrease in the blood lead levels of children since the late 1970s due to elimination of lead in gasoline. The CSTEE does not consider that the Danish Authorities have provided sound scientific evidence to demonstrate that the introduction of a general ban on the use of lead products would result in a significant additional reduction in the body burdens of lead of the general population. In a contact with the Danish Environmental Protection Agency it has been stated that “regulation without enforcement is not effective”. This is also the opinion of ECHA; quote from the report: ”The enforcement of the proposed restriction at every level of the supply chain including on social media, where home-made fishing sinkers and lures can be purchased, and at the fishing points, where home-casted fishing tackle can also be used, is also critical to ensure the success of the proposed restriction. Experiences from Denmark and the UK, which have had a ban on the import and sales of fishing tackle in place for many years, prove that an active enforcement at every level of the supply chain is the only way to ensure that the ban is applied in practice” (ECHA 1, page 360).

The Head of the Danish Chemical Inspection Service has sent some links for enforcement of lead fishing weights. At the border in 2023 750 packages containing lead weights are confiscated. Enforcement of shops selling fishing tackle has also shown the selling of weights containing lead. For 2024 the enforcement goes on: “In 2024, the Chemicals

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23 Inspectorate will monitor lead in fishing gear. These products must contain a maximum of 0.01% lead. The check will take place physically in shops that sell fishing gear. The inspectorate still receives reports regarding shops, both online and physical, that sell lead-containing fishing gear. Likewise, there is still the import of lead-containing fishing tackle for private individuals, although not to the same extent as before. In 2024, the Chemicals Inspectorate will, based on the above, carry out a small control campaign with fishing tackle shops. The inspectorate will therefore carry out physical inspections and in this connection will carry a hand-held XRF device with a view to immediate seizure. The device can measure whether the products contain lead.” (Denmark 5). The head states that on behalf of the enforcement lead in fishing tackle has seriously decreased but compliance with the rules is not yet reached. THE NETHERLANDS In The Netherlands there are several bans for lead tackle as shown in below table. All of these bans are incorporated in the rights for angling as given by the owner of the water like waterboards, provinces or municipalities. In these licenses are bans for use of lead weights. For instance in the right for fishing that Waterschap Amstel, Gooi en Vecht hands out to Angling associations.

These associations deliver permits to anglers with the same bans. In the Netherlands fishing men need a permit (Vispas) from Sportvisserij Nederland, in 2023 670.00 have been sold. Besides this permit mostly an permit from the local angling association is needed. Costs Vispas 35 euros, costs of local permits vary. Although Sportvisserij Nederland and local associations say the do not want lead in the water they do not enforce this. A little enforcement is done by Algemene Utrechtse Hengelsport Vereniging who has incorporated in 2021 a ban for use of lead fishing weights during the angling matches they organize. In the Netherlands SGW has asked from 2015 until 2018 to organize a Green Deal lead fishing tackle. May 2018 it has been signed (Green Deal, 2018). During this 2018-2021 deal reduction of lead weights lost by anglers should at least be reduced with 30 %. Research CVO showed there has not been any reduction of lost lead, the result of this green deal is an increase of lost fishing tackle by some 20 %. (CVO rapport: 21.025) A year after the green deal sportvisserij loodvrij Sportvisserij Nederland, het MInisterie van Infrastructuur en Water, het Ministerie van LNV, het Ministerie van VWS en de Unie van Waterschappen have signed the Samenwerkingsovereenkomst Sportvisserij Loodvrij 2022-2024.

This has no reduction target at all, the only goal is to reduce the use of lead by anglers in the Netherlands. SGW has asked all authorities for angling to stop unnecessary use of lead tackle by a ban for use of lead tackle in the fishing permits they hand out. In October 2023 all municipalities were asked to ban use of lead fishing weights; 30 municipalities are willing

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24 to do so but not all have decided yet. Some other authorities which have been contacted before did, like Waterschap Amstel, Gooi en Vecht and Staatsbosbeheer.

Table: Overview of bans in The Netherlands. SGW has done some enforcement requests at local governments, up till now none of those requests has led to serious action of the responsible authority. In The Netherlands several exchange projects are done where lead fishing weights could be exchanged for lead free fishing weights or where lead free fishing tackle was handed out. Also in the Green Deal Sportvisserij Loodvrij exchange projects in shops or handing out lead free fishing weights during fishing matches have been made. The effects of these projects are not traceable. The photo is of an exchange project in a tackle shop in Raamsdonksveer. GREAT BRITAIN In 1987 Great Britain issued a partial lead ban (under 1oz). In 2015, the Department for Environment Food & Rural Affairs followed with specific rules for freshwater fishing (DEFRA, 2024) and (DEFRA, 2015): You can only use lead weights if they are .06 grams or less or more than 28.35 grams. This means lead shot weights from size 14 to size 8 and lead weights over 1 ounce. The use of lead shot is banned in wetlands. This is to not only protect small birds but also the people who eat them. Lead inside the bird is toxic and unsafe to eat. If ingested it could cause serious problems. In 2020 a campaign calling for a total ban on all lead use in angling has been launched.

The action to stop the use of lead weights comes from Pallatrax boss Simon Pomeroy, whose innovative firm produces tackle and baits, mainly for carp fishing. Simon met with cabinet minister Geoffrey Cox, QC, the attorney general, to demand action. He is Britain’s highest legal adviser to the crown and prime minister (Adventure, 2020). In contacts with SGW Simon Pomeroy states every time only a total ban on use, selling and importing

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25 lead tackle will be effective. Of course, Simon said, such a ban can only be effective when enforced. In England there are lots of private water where lead tackle used for fishing is banned totally, no lead at all. These private waters are not a part of this report. In 2022 the WWT charity for wetland restoration voiced a ban on lead ammunition to protect wildfowl and wetland trust (WWT, 2022). BELGIUM This study looked at sport fishing in Flanders, sport fishing in Wallonia was not included. Water organizations annually organize the so-called water days in Belgium, the Flemish Water Days. These water days are about (water) nature and water quality. All kinds of water issues receive attention, such as cleanup, water quality or aquatic organisms. In 2022, “Angling without lead” started during the water days. With “Fishing without lead”, we worked together with four sport fishing organizations to raise awareness among sport fishermen with the support of Sportvisserij Vlaanderen, the Nature and Forest Agency, the Marine Environment Service of Public Health. The aim of all participants is to achieve lead-free fishing. One of the participating sport fishing organizations, the VBK (Association of Belgian Carp Fishermen), has since organized all youth cells in which youth members receive lead-free fishing lessons.

Since then, Sportvisserij Vlaanderen has also given serious attention to fishing without lead during fishing lessons. Requests (from SGW) to ensure lead-free fishing by including a lead ban in the fishing permit have not yet been accepted. In contacts (from SGW) with the Nature and Forest Agency and Sportvisserij Vlaanderen, they indicate that they are of course against lead, but they only refer to others for a ban. In this study, sport fishing in Flanders was examined, sport fishing in Wallonia was not included. Every year, water organizations organize the so-called water days in Belgium, the Flemish Water Days (de Vlaamse Waterdagen). These water days are about (water) nature and water quality. All kinds of water issues receive attention, such as cleanup, water quality or aquatic organisms. In 2022, "Hengelen zonder lood/Angling without lead" started during the water days. With the support of Sportvisserij Vlaanderen, the Agency for Nature and Forests, Marine Environment Service of the FPS Public Health, "Angling without lead" has been used to raise awareness among anglers. The goal of all participants is to achieve fishing without lead. Since then, one of the participating sport fishing organizations, the VBK (Association of Belgian Carp Anglers) has organized all youth cells in which youth members receive fishing lessons without lead.

Since then, Sportvisserij Vlaanderen has also paid serious attention to fishing without lead during fishing lessons. Requests (from SGW) to guarantee lead-free fishing by including a lead ban in the fishing leave have not yet been taken up. In contacts (of SSH) with the Agency for Nature and Forests and Sportvisserij Vlaanderen, they indicate that they are of course against lead, but for a ban they only refer to others.

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26 In Belgium there is a ban on fishing lead in fishing waters, in the Carpinsula it is only allowed to use stones as weights. OTHER COUNTRIES Surfing the internet sometimes brings local bans or at least tellings about these bans. For instance the Ebro, a river in Spain, should be lead free. But since those so called bans where most of the time not really traceable (government or regulation etc.) they have not been looked at in this report. Fishing advice for National Park de Cap de Creus says that “Great care should be taken not to lose shing gear (such as lead weights, lines, hooks) and other potentially harmful materials that often attach themselves to the seabed, where they accumulate over the years and damage the fragile ecosystem”(Catalunya, 2015). The Institute of Environmental Assessment and Water Research published in February 2024 pictures from birds with lead shot poisoning (IDEAE, 2024). See left a partridge’s stomach with lead ingested. The study confirms that lead ammunition is also a significant source of lead in game meat intended for human consumption.The European Commission will soon have to decide on the restriction on lead ammunition for all types of hunting and outdoor sports shooting, besides the use of lead weights in fishing, at the proposal of the ECHA.

8. COMPARISON US, CANADA AND EUROPE In comparison between the US and Europe, it is striking that there are many similarities but also differences. The similarities are that lead leads to unnecessary bird mortality and poisoning of other animals, pollution of the water system and health damage for users/producers/retailers due to the absorption of lead. And that fishing lead should therefore not be used. Another similarity is the public outrage at the unnecessary and continuing use of fishing lead. As well as the resistance to stopping fishing lead among producers, retailers and anglers (organizations). They (almost) only focus on maintaining the use without restriction. The difference is the attention that the fishing lead problem receives, which varies considerably. The exceptions to this are Denmark and England, where there are national bans of (some) lead tackle. Besides local bans. Another similarity is the resistance from angling associations against proposed bans for lead tackle. In the comments on the ECHA report there are some but also in this report the FWLS, Sportvisserij Vlaanderen en Sportvisserij Nederland activities show this. On the one hand, it is understandable when these organizations indicate that they represent the interests of anglers. On the other hand, it is incomprehensible given the increasing

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27 resistance to sport fishing with lead in view of the effects on humans, animals and the environment. The BUAS study summarizes this with the advice to lead-free anglers to profile themselves as caretakers for nature. (BUAS, 2020) A similarity is that every country in this study has one or more until all waters where fishing with lead is not allowed. This means that lead is not necessary at all for fishing and that it can be banned without any problem. Differences are the size of the bans from one until all waters in a country, and the difference in bans. There are bans for specific weights or sizes (< 28 grams, < 1 inch) or total bans for use of lead weights. Differences are the enforcements on the bans for use of lead tackle. Only in England and in Denmark there is (any) enforcement by the authorities. In private waters there seems to be more enforcement. Penalties are hard to find, the only ones we have found were in the USA. Numbers and results of enforcement are not available except in Denmark. A similarity is that national bans are prepared both in the USA as in the EC (ECHA restriction proposal). Unfortunately national bans in the USA are repeatedly overthrown by political engagement (Obama ban, Biden ban recently). Uncertain is how the proposed restriction by ECHA will end, anyway it has been postponed for at least two years at this moment.

The effects of exchange actions (change lead for free for lead free fishing weights) are similar, these effects cannot be detected. Bans are only implemented after lots of public requests for it, another similarity. The ECHA restriction proposal is different because this has been prepared following the request to do so from the EC. Urgency and attention for lead seems to lower in less populated areas or with less water or nature. This is not a subject in this research but our opinion. The problem of lead however is present everywhere.

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9. CONCLUSIONS When we look at the whole picture we can see that lead has been and still persists to be a problem in the world today. We can see that it affects every country and the strength and toxicity of lead is very alarming for human health. What we need to look at is how lead has been slowly phased out through other means like in paint, solder, PVC, glass and in gasoline. We can see through this progression that lead is not meant to be used by people because the harm far outweighs the benefit. In the United States there were recalls on glasses with lead because kids would touch the lead and become poisoned because of the contact. Simply stated, why is lead still allowed in some formats when we can clearly see the negative impact. (As) all bans show the problem of lead fishing tackle can easily be solved. This report suggests a total and national ban for the use, selling and import of lead tackle. This national ban must be combined with simultaneous enforcement of the ban. At least in shops but also at the frontier and along the water site. Only by enforcing selling and using the use lead angling weights can be stopped. A serious penalty should be combined with the ban for lead fishing tackle. With a ban of lead fishing weights the last and most unnecessary source of lead in the water will be stopped. Switching the narrative can be important to drive for change.