It isn't true that "lead shot is being phased out."

Although there are alternatives to lead shot and lead sinkers, apparently many hunters and some of the organizations that purport to represent them are actively fighting every state proposal to band lead shot and sinkers. For instance, the NRA actively and vociferously opposed a plan by Montana to ban the use of lead shot. The ban in California prompted enormous outrage.

http://www.helenair.com/news/article_e9fa7014-065a-11df-a28a-001cc4c002e0.html

Steel shot is apparently more expensive than lead shot, and they also seem to think that it infringes on the right to hunt, which ...well, never mind...I don't want to start an argument about  the Bill of Rights or a higher authority!

The problem is that the USFWS doesn't have the authority to outlaw lead shot. Its only legal authority stems from the Migratory Bird Treat Act, so they can eliminate lead shot in the context of bird hunting of birds protected under that statute. However, not all birds are protected AND of course, other critters are hunted besides birds. And the USFWS ban applies only to waterfowl hunting. The USFWS has no legal authority over the hunting of other species, except of course those federally listed as endangered or threatened. 

So that leaves it to the states. 

I've checked the Code of Maryland Regulations (COMAR), Wildlife title, under both general regs, waterfowl, upland game birds - not seeing a ban on lead shot. Using google, I found a 1973 article saying that DNR was considering a ban on lead shot. Apparently it didn't happen except for wetland game birds:

08.03.07.06. 06 Devices for Hunting Wetland Game Birds.. A. A person may hunt wetland game birds only with a bow and arrow or with a shotgun which is not larger than 10-gauge, loaded only with shot approved by the United States Fish and Wildlife Service as nontoxic for waterfowl and coots pursuant to 50 CFR 20, and fired from the shoulder.B. A person hunting wetland game birds may not possess shotgun shells loaded with shot that is not approved by the United States Fish and Wildlife Service.

Realize, too, that even if a ban goes into effect, this stuff has been used for a very long time and it is just everywhere where hunting took place/takes place. It isn't like people run around cleaning it up. 

Ellen Paul
Bethesda MD