After months of checks, long delays and widespread criticism from various stakeholders, the new regulation prohibiting the use of cartridges with lead shot in wetlands will come into effect from January 2023 in all European Union countries. Most EU Member States already have national laws except Poland, Ireland, Romania, Slovenia and Malta. It is important to note that waterfowl hunting is not a popular activity in Slovenia, and Malta has very few wetlands How does this regulation differ from the provisions in force?
• The definition of "Wetlands" it is much broader than that in existing national laws. For example, it includes bogs with and without visible water and potentially involves any terrain after heavy rain.
• An aggravating element is that all wetlands have a fixed buffer zone of 100 meters around them. It is forbidden to shoot with lead shot in or within 100 meters of wetlands regardless of the species hunted, therefore even if land game is hunted.
• Anyone carrying lead shot cartridges within 100 meters of "wetlands" will be found guilty of hunting in wetlands, unless that person can prove that he is carrying lead ammunition for another type of hunting.
Definition of "wetlands":
Hunters and police officers in charge of controls will need clear guidance to understand, for example, how to handle small temporary water collections (e.g. puddles after heavy rain) and what constitutes a bog (including forestry on peaty soil) for the purposes of this regulation. This is not an easy task as there is a general lack of clarity on how to define bogs. Following criticism from FACE from its members and partners about how the definition of Ramsar lacks legal certainty, the European Commission (EC) recently stated that the definition of wetlands should be interpreted "proportionately" and that their definition should refer to specific guidelines. FACE believes this is necessary for effective enforcement. The EC also stated that national authorities are best placed to take into account the specificities of different territories and to provide guidance to their competent authorities or stakeholders on how to correctly interpret the definition of wetlands, in line with the objective. (waterfowl protection) and with proportionality. The belated intervention of the EC, which suggests the need for guidance, recognizes that the definition of wetlands used in this regulation is too complex without a steering document. However, it is questionable whether national guidelines or other national advice on the scope of the regulation are compatible with general principles of EU law. This is because EU regulations are, in principle, directly applicable (unlike EU directives) and should not require guidance for their application.
Prohibition of "transport" of lead shot:
If a hunter carries lead shot cartridges within 100 meters of a wetland, but is not hunting waterfowl / or wetlands, he can demonstrate by any means acceptable to the regulatory authorities that it is another type of hunting. A hunter might justify this by saying that he was simply crossing the wetland to hunt elsewhere. Obviously it will be difficult for a hunter carrying lead shot to prove that he is not hunting wetlands because a typical hunting day also includes time to cross areas with water and wet ground. For example, if a law enforcement officer finds a hunter within 100 meters of wetlands carrying lead shot, it is easy for the hunter concerned to justify "positively" ("I'm hunting partridges elsewhere"), but in many cases it is difficult to prove in "negative" ("I don't go duck hunting within 100 meters of wetlands"). Law enforcement authorities need to be keenly aware of this, as well as of the various laws that protect the fundamental rights of citizens. This aspect of the regulation needs to be carefully considered with respect to its application at national level. In this context, it will be important that national hunting associations ask to assess whether the reverse burden of proof is compatible with national constitutions, EU treaties and the EU Charter of Fundamental Rights.
Future actions: what needs to happen in the next two years?
The EC must work with relevant stakeholders in producing EU guidelines to ensure that this regulation is understandable for hunters and enforcement officers. National hunting associations must work with their governments to create national instructions that minimize the disproportionate consequences that emerge from the ambiguous definition of wetlands as much as possible. At the same time, it will be important to explore how the new provision on the ban on the transport of lead shot can be applied nationally, without violating the fundamental rights of citizens. National hunter associations will need to remain active in raising awareness to ensure hunters know what will happen in two years. National hunting associations, particularly in Poland, Ireland, Romania, Slovenia and Malta, must remain very active in raising awareness and providing advice on which rifles are suitable for lead-free shots. Organizing events to test lead-free cartridges has proved popular in several countries, helping hunters prepare for the transition. Regarding firearms, national advice should consider whether countries are members of the CIP (2), and assess how best to check / test shotguns and what implications exist for hunting insurance in the event of a accident with the use of lead-free shot. Following the advice of their national hunting associations, hunters should check whether their rifles are suitable for lead-free ammunition. For shotguns, it is important to distinguish between those in which steel shot is available in many countries (10/12/16/20 calibers) and those in which they are not (24/28 / .410 calibers). Aside from the complexity of the caliber, rifles can be classified as follows:
• Suitable: shotguns capable of being used with lead-free shot without testing / modification;
• Limited suitability: shotguns capable of being used with a limited range of lead-free shot cartridges without testing / modification (eg standard pressure, limited range of shot sizes);
• Unsuitable: Shotguns currently unsuitable for steel shot, requiring modifications (eg choke or chamber), or replacement and / or testing to ensure they support the pressures of alternatives.
In general, the best approach is to facilitate and encourage hunters to check if their rifles are suitable and to test lead-free cartridges, for example, at a shooting range.
Most hunters in Europe use steel shot to comply with existing wetland lead shot laws, mainly because they are the same price as lead shot. Other more expensive options are available, such as bismuth and tungsten.
For more information, contact your national hunting association.