Lead Weights

xrf guns, just like the guys at scrap yards use. I doubt the state would use them, but if they did, they could easily tell what a bait is made from.

Just looked it up, those guns cost approx $35K. Considering the budget issues, dont see this happening. And if it does, think about the return on that investment as an angler.

Now that we are discussing the enforcement aspects of the lead ban, it just occurred to me that in order to actually enforce the law requires the investigating party to perform an unlawful search and perhaps seizure of property.

That would mean that the lead ban law violates the 4th amendment which exists to protect citizens from unlawful search and seizure.

Even if law enforcement states "probable cause" in pursuit of enforcement...how can they reasonably determine probable cause without a fast & cost effective way of proving said probable cause?

I hate to say this (afraid to curse myself), but all the times I've been fishing, and all the tourneys, I have never been harrased by the EPA. If the boat and trailer are registered, you have a license and the vests, you will be fine. Oh, and don't be hammered when you come in at the end of the day.

This is an email I recieved directly from the Environmental Police

Dear Neil, Thanks for writing us.
There is only a violation if you are using the lead weights/sinkers. It’s ok to have them in the tackle box, just not on the rod that is being used for fishing. This violation falls under the regulations governed by Chapter 131-Section 5 of the Mass. General Laws. The Environmental Police have several options when encountering someone using illegal lead jigs or sinkers.

The EPO (game warden) can:
1) give a verbal warning,
2) Issue a written warning
3) issue a $50 non-criminal ticket to be paid within a certain time period
4) issue a court summons to the angler to appear before a magistrate
5) arrest the angler and seize the equipment

If an angler is found guilty in front of a judge, this is considered a criminal misdemeanor, and an angler could lose his or her license for 2-3 years and pay a fine of $50-100 dollars and/or be jailed for 30 days. Also a restitution fee of $5/fish in illegal possession can be imposed.

I called them back and asked them exactly how they test for lead, I was informed that some officers are able to identify certain companies tackle strickly by its appearance (for instance) he asked me, "would you know a strike king spinner bait if you saw one?" I responded "yes" he said "so you get my point" after identifying a believed to be lead peice of tackle it would be confiscated and tested, (you will pay for the test as well)

He also told me there are officers who carry probes that they stick into the head of the jig or sinker for that matter that instantly determine the presence of lead.

Good info.... thanks for the follow up and post.

good info.

This is an email I recieved directly from the Environmental Police

Dear Neil, Thanks for writing us.
There is only a violation if you are using the lead weights/sinkers. It’s ok to have them in the tackle box, just not on the rod that is being used for fishing. This violation falls under the regulations governed by Chapter 131-Section 5 of the Mass. General Laws. The Environmental Police have several options when encountering someone using illegal lead jigs or sinkers.

The EPO (game warden) can:
1) give a verbal warning,
2) Issue a written warning
3) issue a $50 non-criminal ticket to be paid within a certain time period
4) issue a court summons to the angler to appear before a magistrate
5) arrest the angler and seize the equipment

If an angler is found guilty in front of a judge, this is considered a criminal misdemeanor, and an angler could lose his or her license for 2-3 years and pay a fine of $50-100 dollars and/or be jailed for 30 days. Also a restitution fee of $5/fish in illegal possession can be imposed.

I called them back and asked them exactly how they test for lead, I was informed that some officers are able to identify certain companies tackle strickly by its appearance (for instance) he asked me, "would you know a strike king spinner bait if you saw one?" I responded "yes" he said "so you get my point" after identifying a believed to be lead peice of tackle it would be confiscated and tested, (you will pay for the test as well)

He also told me there are officers who carry probes that they stick into the head of the jig or sinker for that matter that instantly determine the presence of lead.

This guy is AWESOME!!!!!!!!!

(In my best Elvis Voice)Thank ya, thank ya very much..

Let's be brutally honest, I bought some brass and tungsten weights for the two biggest res. I can give a rat s*** about the rest places where these birds never showed up. Deep down 15-20 feet, I doubt they have the will and ability to pick little rocks there. Most likely, they pick up little rocks in less than 5 feet of water. Ban lead for 10-20 birds death is ridiculous. They should ban them selling in the tackle store first if they have that much of power to do so. This law is made by politicians who don't fishing, period. By the way, the tungsten is heavier than lead, they can't s*** it out either. It will stuck somewhere in the intestine may cause death as well.

Let's be brutally honest, I bought some brass and tungsten weights for the two biggest res. I can give a rat s*** about the rest places where these birds never showed up. Deep down 15-20 feet, I doubt they have the will and ability to pick little rocks there. Most likely, they pick up little rocks in less than 5 feet of water. Ban lead for 10-20 birds death is ridiculous. They should ban them selling in the tackle store first if they have that much of power to do so. This law is made by politicians who don't fishing, period. By the way, the tungsten is heavier than lead, they can't s*** it out either. It will stuck somewhere in the intestine may cause death as well.

Willy, I agree with you 100% about taking them off the shelves if they really want to enforce the law, makes sense to me.

I just look at it this way I want to help preserve the intergrity of M.A.F.F. and the Sport of Bass Fishing in Massachusetts as a whole, to do that I'm going to abide by the law, do I like it?? No I dont, not at all. The only way to eliminate the Politicians say is either vote for someone else, or don't vote at all.

The first sentence says it all Too bad you didn't have the signature posted to that letter. It would be a good thing to copy and carry with you

I notice that Dicks Store is replacing all there Lead Jigs and Sinkers
in Taunton I was told they have remove them from there self's and are waiting on Lead Free replacement ,
I ask in Bass Pro Shop and they said No because they make there sells to NH people also , but are trying to bring some Lead Free lures replacements in the future for MA.

Soon all the store will be compliant. They will have china brand.
Or you can support U.S.A and buy
www.boaghogbaits.com

My problem with the enforcement part of this law is that too much is left to the discretion of the EPO at the time of question.

Even with probable cause as stated as having a suspicious lure or weight tied on to the line of the rod a good lawyer could argue racial profiling in pursuit of this law.

Further more retailers selling now prohibited tackle should be held to compliance within the state where the prohibition is now law.

From an enforcement point of view trying to target individual anglers who are not compliant is like finding a needle in a haystack.

All it takes is a good lawyer for the defendant and a questionable citation from an EPO to send this case up to the supreme court.

I have a feeling that this law will not be strongly enforced because all it takes is for someone challenge this law is to cite a violation of their 4th amendment rights.