5.10.2012 = Cedar Rapids Gazette website
 
Branstad studying options in lead shot ban controversy

May 10, 2012, 1:38 pm By Rod Boshart/SourceMedia Group 
 
DES MOINES - State lawmakers have adjourned without nullifying a ban on the
use of lead ammunition when hunting doves in Iowa, but Gov. Terry Branstad
is telling hunters to keep their powder dry for the time being because he
may find a way to intercede before the next season starts Sept. 1.

"Stay tuned. We're researching that," Branstad told reporters on Thursday.

"We're going to look into what can be done about that," the governor said,
noting that he has assigned his legal adviser, Brenna Findley, to explore
what options might be available. He was hopeful there would be an avenue
whereby the way could be cleared for hunters to use lead shot this fall, but
he noted "they just adjourned last night and we're trying to figure out what
didn't get done."

Democratic state Sen. Rob Hogg, a Cedar Rapids lawyer who was pleased
senators left town Wednesday without nullifying a ban on the use of lead
shot adopted by the Natural Resources Commission last July, said he doubted
Branstad could use an executive order to void the NRC rule now that
lawmakers have decided to let it stand.

"I think he should leave that rule in place, but obviously if he wants to
try to convince the Natural Resources Commission to try to change the rule,
he's free to do that," Hogg said. However, he noted the governor had
indicated he believed the elected Legislature, not an appointed commission,
should make the decision and lawmakers exercised their authority by
validating the status quo.

"The commission made the decision that it was important to protect the
health and safety of people and animals and the environment, and they saw
this was a moment in time where the amount of lead in our environment might
increase significantly," he said. "The data shows that dove hunting involves
a lot more ammunition than other forms of hunting, and so they made the
determination that that was a hazard to our environment. I don't think he
really wants to roll back environmental protections, especially when there's
such a viable alternative which is the steel shot which is just generally
available in the marketplace now."

The Iowa House voted 73-27 during the just-completed session to torpedo the
NRC's ban on lead shot after the Legislature's Administrative Rules Review
Committee concluded that commission overstepped its authority and went
beyond legislative intent in enacting the ban. However, the Senate adjourned
without taking a vote on the resolution seeking to nullify the rule that was
set last year for the first dove hunting season since 1918, but
implementation was delayed.

In March, the Iowa chapter of environmental group Sierra Club filed a
lawsuit challenging a legislative committee in the dispute over the use of
lead shot for Iowa dove hunting, contending the Legislature's Administrative
Rules Review Committee is unconstitutional and that it overstepped the
separation of powers in the state constitution when it delayed
implementation of the lead shot ban.

During the 2011 session, the Iowa Legislature passed a bill, which was
signed by Branstad, permitting the hunting of mourning doves. The law
allowed the commission to establish the rules around how the hunting would
be permitted. The commission banned lead shot, which angered some lawmakers.

Opponents of the bill believe the pellets contaminate the environment for
other animals while hunting groups say steel shot costs more and doesn't
work as well as lead shot.

Last month Branstad filed an amicus brief in support of the legislative
rules committee's role in ensuring that regulations are reflective of
legislative action and not overly burdensome. A statement his office issued
then indicated the governor believes the determination of whether hunters
should be forced to stop using traditional lead shot is the role of the
Legislature, not the unelected commission.
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