LEAD SINKER SALE ACT

AN ACT relative to prohibiting the sale of lead fishing sinkers and lead jigs in the state.

Section 1. Short Title.

This Act shall be known and may be cited as the “Lead Sinker Sale Act.”

Section 2. Findings and Declarations.

The Legislature finds and declares the following:

(A) The wildlife of <insert state here> is a valuable natural resource and an integral part of the economic and social fabric of our citizenry;

(B) 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;

(C) Lead is a toxic metal known to cause many health problems in water birds, increasing susceptibility to disease, predation, and infection. A single sinker can cause death within two weeks;

(D) 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;

(E) 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

(F) Effective and comparably-priced alternatives to lead sinkers and jigs exist and it would be irresponsible to continue to allow the use of toxic products and their deposition in our waters.

Section 3. Definitions.

For the purposes of this Act, the terms below are defined as follows:

(A) “Lead jig” means any lead weighted fishing hook that measures less than one and one-half inches along its longest axis.

(B) “Lead sinker” means any lead device designed to be attached to fishing line for the purpose of sinking the line, the lead portion of which has a mass of one ounce or less.

(C) “Person” means any human, organization, agency, corporation, or other entity.

Section 4. Prohibition of Sale or Distribution.

No person shall sell, offer for sale, supply, or distribute by any means any lead sinker or lead jig.

Section 5. Enforcement and Penalties.

(A) The <insert Department of Commerce or other appropriate state agency> shall enforce this Act.

(B) A person selling, offering for sale, supplying, manufacturing, or distributing any such lead sinker or jig shall be guilty of a violation of this Act. Each day of sale, offer for sale, supply, manufacture, or distribution shall constitute a separate violation of this Act. The penalty for a violation of this Act shall consist of a forfeiture of not more than <insert amount here> dollars and suspension of license to sell fishing equipment for not more than <insert amount here> days.

(C) The <insert Department of Commerce or or other appropriate state agency> shall confiscate any supplies found that are in violation with this Act. The Department shall provide notice of the prohibition on the sale, offer for sale, supply, manufacture, and distribution of lead sinkers and lead jigs.

Section 6. Effective Date.

The provisions of this Act shall be effective 12 months after it is enacted.

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