BILL REQ. #:  H-4654.1 

Read first time 02/01/10.   Referred to Committee on Agriculture & Natural Resources.

     AN ACT Relating to prohibiting the sale and use of lead sinkers and jigs; adding a new chapter to Title 77 RCW; prescribing penalties; and providing an effective date.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:

NEW SECTION.  Sec. 1   The legislature finds and declares the following:
     (1) The fish and wildlife of the state of Washington are a valuable natural resource and an integral part of the economic and social fabric of our state;
     (2) A review of available literature and research indicates that lead sinkers and jigs pose a significant hazard to water birds that mistakenly ingest lead sinkers and jigs and experience lead poisoning;
     (3) Lead is a toxic metal known to cause many health problems in water birds and leads to an increasing susceptibility to disease, predation, and infection. A single sinker can cause death within two weeks;
     (4) Lead has been linked to human health problems, including brain damage, mental retardation, behavior problems, anemia, liver and kidney damage, hearing loss, hyperactivity, developmental delays, other physical and mental problems and, in extreme cases, death. Lower IQ scores, slower development, and more attention problems have been observed in children exposed to lead;
     (5) Lead sinkers are small and easily swallowed, posing a toxic hazard to children. Furthermore, many anglers make their own sinkers or make sinkers in their home for sale to others. If proper precautions are not used, lead vapors and dust can impact anyone within the household; and
     (6) Effective and comparably priced alternatives to lead sinkers and jigs exist. It is irresponsible to continue to allow the use of toxic products and their deposition in the waters of the state.

NEW SECTION.  Sec. 2   The definitions in this section apply throughout this chapter unless the context clearly requires otherwise.
     (1) "Lead jig" means a lead weighted fishing hook, the lead portion of which has a mass of one ounce or less or measures less than one inch along its shortest axis.
     (2) "Lead sinker" means a fishing sinker containing more than one-half of one percent lead by weight, the lead portion of which has a mass of one ounce or less or that measures less than one inch along its shortest axis.

NEW SECTION.  Sec. 3   (1) A person may not sell or offer for sale within the state a lead sinker or lead jig.
     (2) A violation of this section is a civil infraction for which a fine of not less than one thousand dollars nor more than five thousand dollars may be adjudged.

NEW SECTION.  Sec. 4   (1) A person may not use a lead sinker for fishing in the waters of the state.
     (2) A violation of this section is a civil infraction for which the following penalties apply:
     (a) For the first offense, a minimum fine of one hundred twenty-five dollars.
     (b) For the second offense, a minimum fine of five hundred dollars, and forfeiture of all fishing tackle, rod and reel, and the loss of any fishing license for a period of at least one year.
     (c) For a third or subsequent offense, a minimum fine of one thousand dollars, forfeiture of all fishing tackle, rod and reel, and a lifetime loss of any fishing license.

NEW SECTION.  Sec. 5   The procedures for enforcement of sections 3 and 4 of this act are the same as the procedures for natural resource infractions under chapter 7.84 RCW.

NEW SECTION.  Sec. 6   The department shall provide public education and outreach to disseminate information regarding this chapter.

NEW SECTION.  Sec. 7   Sections 3 and 4 of this act take effect January 1, 2011.

NEW SECTION.  Sec. 8   Sections 1 through 7 of this act constitute a new chapter in Title 77 RCW.