Brief Description: Phasing-out the use of toxic shot.

Sponsors: Representatives Kagi and Dickerson.

Hearing Date: 2/15/05

Staff: Jason Callahan (786-7117).

Background:

The Legislature has vested the Fish and Wildlife Commission (Commission) with the authority to adopt, amend, and repeal rules that deal with the equipment and methods that may be used in the state for taking wildlife and fish (RCW 77.12.047). The Commission has exercised this authority to prohibit the use of toxic shot in many of the state's wildlife areas, and when hunting for waterfowl, coot, or snipe (WAC 232-12-068).

According to the Department of Fish and Wildlife (Department), in a draft report submitted to the Commission, consumption of a small amount of lead shot while feeding can be lethal to waterfowl. Lead shot poisoning can occur directly, by feeding on shot, or indirectly, by feeding on a carcass that died of lead poisoning.

The report prepared by the Department also listed concerns that hunters have about non-lead shot. These included a higher cost, reduced performance, and possible damage to shotgun barrels.

Summary of Bill:

The use of toxic shot, or shot ammunition that is composed of more than 1 percent lead by weight, is prohibited for the following uses:
   

• On Department-managed land in western Washington after January 1, 2006.
• On Department-managed land in eastern Washington after January 1, 2007.
• On the property of a private landowner after January 1, 2007, if the landowner receives compensation for allowing the public to hunt on his or her property.
• In conjunction with a Department-issued hunting license after January 1, 2008.

Toxic shot is not prohibited under any of these conditions if the market does not provide a non-toxic alternative for a specific size or type of shot.

Using toxic shot where it is prohibited is a natural resources civil infraction.

Appropriation: None.

Fiscal Note: Not requested.

Effective Date: The bill takes effect 90 days after adjournment of session in which bill is passed.