I 112th CONGRESS 1st Session H. R. 1443 IN THE HOUSE OF REPRESENTATIVES April 8, 2011 Mr. Broun of Georgia (for himself, Mr. Boren, Mr. Ross of Arkansas, Mr. Altmire, Mr. Matheson, Mr. Bishop of Utah, Mr. Rehberg, Ms. Jenkins, and Mr. Miller of Florida) introduced the following bill; which was referred to the Committee on Natural Resources, and in addition to the Committees on Energy and Commerce and Agriculture, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned A BILL To protect the use of traditional hunting and fishing implements and to prevent unnecessary and unwarranted restrictions on the implements used by the hunting and fishing communities.

1.

Short title

This Act may be cited as the Outdoor Sports Protection Act.

2.

Findings

Congress finds that— (1)millions of Americans of all ages enjoy recreational fishing, sport shooting, and hunting; (2)those millions of anglers, sport shooters, and hunters are the primary source of funding for Federal and State wildlife and habitat conservation and management; (3)lead and other types of traditional fishing, shooting, and hunting implements have been used by Americans for hundreds of years; (4)alternative forms of sinkers and fishing lures are considerably more expensive than those made of traditional materials; consequently, a ban on traditional fishing implements would decrease fishing participation and impose significant additional costs on millions of Americans who fish; (5)alternative forms of ammunition and ammunition components are considerably more expensive than those made of traditional materials, and can be difficult if not impossible to obtain; consequently, a ban on traditional ammunition would decrease participation in the shooting sports and impose significant costs on the millions of American hunters and sport shooters; (6)any reduction in participation in fishing, hunting, and the shooting sports would greatly affect funding for Federal and State wildlife and habitat conservation; and (7)voluntary programs by hunters to reduce lead use have largely been successful, and in the absence of more definitive evidence of harm to the environment the Federal Government should not take steps to restrict the use of traditional hunting and fishing implements.

3.

Definitions

In this Act: (1)

Traditional hunting and fishing implement

The term traditional hunting and fishing implement means any— (A)firearm; (B)ammunition; (C)ammunition component; (D)fishing lure; (E)fishing sinker or weight; and (F)fishing line; that contains lead, zinc, copper, or brass.(2)

Federal public land

(A)

In general

Except as provided in subparagraph (B), the term Federal public land means any land or water that is— (i)owned by the United States; and (ii)managed by the Department of the Interior or the Department of Agriculture for purposes that include the conservation of natural resources. (B)

Exclusion

The term Federal public land does not include any land or water held in trust for the benefit of— (i)a federally recognized Indian tribe; or (ii)a member of a federally recognized Indian tribe.

4.

Protection of traditional hunting and fishing implement

(a)

In general

The Administrator of the Environmental Protection Agency shall not take action to prohibit or otherwise restrict, based on material content, the manufacture, importation, sale, or use of any traditional hunting and fishing implement. (b)

Report

If the Administrator determines that the best scientific evidence available demonstrates that the use of any traditional hunting and fishing implement is having or will have a substantially detrimental effect on the environment, the Administrator shall report those findings to Congress, with any recommendation that the Administrator may have for legislative action.

5.

Limitation on Departments of the Interior and Agriculture

(a)

In general

Subject to section 7, the Department of the Interior and the Department of Agriculture, including each agency and bureau of such Departments, shall not newly prohibit or limit, based on material content, the use of any traditional hunting and fishing implement on Federal public lands. (b)

Report

If the Secretary of the Interior or Secretary Agriculture determines that the best scientific evidence available demonstrates that the use of traditional hunting and fishing equipment is having or will have a substantially detrimental effect on the sustainability of a local fish or wildlife population, the Secretary shall report those findings to Congress, with any recommendation that the Secretary or Secretaries may have for legislative action.

6.

State compliance

Subject to section 7, no State or territory of the United States shall be eligible for any funding or apportionment under the Pittman-Robertson Wildlife Restoration Act (16 U.S.C. 669 et seq.) or the Dingell-Johnson Sport Fish Restoration Act (16 U.S.C. 777 et seq.) if the State or territory prohibits or otherwise restricts, based on material content, the sale or use of any traditional hunting and fishing implement.

7.

Exceptions

Nothing in this Act affects the Department of the Interior’s, Department of Agriculture’s, a State’s, or a territory’s authority to prohibit or limit, based on material content, the types of traditional hunting and fishing implements used for hunting and fishing to the extent a specific law or regulation is in effect on the date of enactment of this Act.