BILL ANALYSIS                                                                                                                                                                                                    


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                                 THIRD READING

          Bill No:  AB 821
          Author:   Nava (D), et al
          Amended:  7/11/07 in Senate
          Vote:     21

           SENATE NATURAL RES. & WATER COMMITTEE  :  5-2, 6/26/07
          AYES:  Steinberg, Kehoe, Kuehl, Machado, Migden
          NOES:  Margett, Hollingsworth
          NO VOTE RECORDED:  Cogdill

           SENATE APPROPRIATIONS COMMITTEE  :  9-7, 7/16/07
          AYES:  Torlakson, Cedillo, Corbett, Kuehl, Oropeza,  
            Ridley-Thomas, Simitian, Steinberg, Yee
          NOES:  Cox, Aanestad, Ashburn, Battin, Dutton, Runner,  
          NO VOTE RECORDED:  Florez

           ASSEMBLY FLOOR  :  42-32, 5/14/07 - See last page for vote

           SUBJECT  :    Ridley-Tree Condor Preservation Act

           SOURCE  :     Author

           DIGEST :    This bill prohibits the use of lead ammunition  
          when taking big game or coyotes within areas believed to be  
          habitat for condors.

           ANALYSIS  :    

          Existing law:


                                                                AB 821

          1.Requires the Fish and Game Commission (FGC) to establish  
            lists of endangered and threatened species.  Prohibits  
            the taking of any species FGC has determined to be an  
            endangered or threatened species with limited exceptions.  

          2.Designates the California condor as a fully protected  
            species under California state law.  The condor is also  
            listed as endangered under both federal and state law. 

          3.Prohibits, by United States Fish and Wildlife Service  
            regulation, the use of lead ammunition to hunt waterfowl.  

          This bill:

          1.Prohibits the use of lead ammunition in specified zones  
            (condor ranges).

          2.Requires FGC to establish, by regulation, a public  
            process to certify centerfire rifle and pistol non-lead  
            ammunition and to define non-lead ammunition, as  

          3.Requires FGC to establish a coupon program to provide for  
            free or reduced charge non-lead ammunition to big game  
            permit holders with permits to hunt in the specified  
            zones if non-state funds are available.

          The purpose of this bill is to protect California condors  
          from eating carrion that may have been killed by hunters  
          who use ammunition that is manufactured with and contains  
          lead.  Lead poisoning has caused the death of several  
          California condors that were released into the wild.  
          California condors are designated as fully protected  
          species, the most protective category in state law, and  
          have been the subject of a well-known captive breeding  
          program that is designed to avoid the extinction of these  

          Existing law establishes a process housed at the Department  


                                                                AB 821

          of Fish and Game and the Fish and Game Commission for  
          regulating hunting and fishing, and a separate regulatory  
          process for the protection of endangered species.   
          California has no statute that prohibits the use of lead  
          ammunition that could be used in an otherwise lawful  
          fashion to kill game animals that, in turn, may be eaten by  
          California condors. 

          Nationally, lead ammunition for hunting waterfowl is  
          prohibited federally by the U.S. Fish and Wildlife Service.  

           FISCAL EFFECT  :    Appropriation:  No   Fiscal Com.:  Yes    
          Local:  Yes

          According to the Senate Appropriations Committee:

                          Fiscal Impact (in thousands)

           Major Provisions                2007-08     2008-09     
           2009-10   Fund  

          Certification process    $8                       Special*
          Regulations              $23                      Special*
          Coupon Program                     $50       $50   
          Coupons                       unknown              
          Reports                                 $7        Special*
          Notification of hunters                           minor and  
          absorbable               Special*

          *Fish and Game Preservation Fund
          +Federal, private, non-profit, or other non-state monies

           SUPPORT  :   (Verified  7/18/07)

          Action for Animals
          American Federation of State, County and Municipal  
          Animal Switchboard
          Audubon California
          California Coastal Protection Network
          California League of Conservation Voters


                                                                AB 821

          Cooper Ornithological Society
          Defenders of Wildlife
          Environment California
          National Parks Conservation Association
          Paw Pac
          Planning and Conservation League
          Public Employees for Environmental Responsibility
          Santa Barbara Zoo
          Sierra Club California
          The Humane Society
          The Zoological Society of San Diego
          Ventana Wildlife Society
          Vote the Coast
          Western Alliance for Nature

           OPPOSITION  :    (Verified  7/18/07)

          California Association of Firearms Retailers
          California Outdoor Heritage Alliance
          California Rifle and Pistol Association
          California Sportsman's Lobby 
          Crossroads of the West Gun Shows
          Department of Fish and Game
          Gun Owners of California
          National Rifle Association of America
          National Shooting Sports Foundation, Inc.
          Outdoor Sportsmen's Coalition of California
          Safari Club International
          Sporting Arms and Ammunition Manufacturers' Institute, Inc.

           ARGUMENTS IN SUPPORT  :    Supporters, such as the California  
          League of Conservation Voters, assert that the toxicity of  
          lead is undisputed, and note the great amount of time and  
          effort that has been dedicated to saving the condor.  They  
          argue that the value of these majestic birds transcends a  
          cost-benefit analysis.  The Ventana Wildlife Society  
          emphasizes that this bill is not against hunting, and  
          argues that responsible hunters will accept a change to  
          lead ammunition, noting that nonlead ammunition is commonly  
          considered superior to lead in terms of ballistics.  They  
          also note that the cost to government, the public and those  
          involved in condor recovery is far greater than the cost to  
          hunters, since as long as lead remains in the food supply  
          of condors they will have to be intensively managed.   


                                                                AB 821

          Defenders of Wildlife, while applauding efforts to educate  
          and encourage hunters to use non-lead ammunition and bury  
          their gut piles, asserts that education alone has not been  
          enough to address the threat, making this legislation  

           ARGUMENTS IN OPPOSITION  :    Opponents of this bill, which  
          include gun manufacturers and sportsmen's groups, argue  
          that there is no irrefutable scientific proof that it  
          hunters' bullets have caused the lead poisoning death of  
          California condors, and point to a voluntary program  
          initiated by DFG as the preferable approach.  Opponents  
          assert that further research is needed and that a ban on  
          lead ammunition in the condor range is premature in the  
          absence of irrefutably conclusive evidence.  The California  
          Sportsman's Lobby and others assert that banning lead  
          ammunition based on incomplete information, speculation or  
          even scientific consensus is unadvisable.  Crossroads of  
          the West Gun Shows also asserts that even a limited ban on  
          lead ammunition for hunting will have a significant adverse  
          business impact on ammunition retailers and gun shows.  The  
          National Shooting Sports Foundation notes that recent  
          surveys of hunters show that a majority of hunters (68  
          percent) oppose a mandatory ban on use of lead ammunition,  
          and that as many as 25 percent of hunters would either quit  
          hunting big game or hunt less in California if a ban were  
          adopted.  A decrease in hunting could result in a loss of  
          revenue to DFG from hunting license and tag sales, taxes on  
          ammunition sales, and other economic contributions  
          associated with hunting. 
           ASSEMBLY FLOOR  :  42-32, 5/14/07
          AYES:  Bass, Beall, Berg, Brownley, Caballero, Charles  
            Calderon, Carter, Coto, Davis, De La Torre, De Leon,  
            DeSaulnier, Dymally, Eng, Evans, Feuer, Hancock, Hayashi,  
            Hernandez, Huffman, Jones, Karnette, Krekorian, Laird,  
            Leno, Levine, Lieber, Lieu, Ma, Mendoza, Mullin, Nava,  
            Portantino, Price, Richardson, Salas, Saldana, Solorio,  
            Swanson, Torrico, Wolk, Nunez
          NOES:  Adams, Aghazarian, Anderson, Benoit, Berryhill,  
            Cook, DeVore, Duvall, Emmerson, Fuller, Gaines, Galgiani,  
            Garcia, Garrick, Horton, Huff, Jeffries, Keene, La Malfa,  
            Maze, Nakanishi, Niello, Parra, Plescia, Sharon Runner,  


                                                                AB 821

            Silva, Smyth, Spitzer, Strickland, Tran, Villines,  
          NO VOTE RECORDED:  Arambula, Blakeslee, Houston, Ruskin,  
            Soto, Vacancy

          CTW:nl  7/18/07   Senate Floor Analyses 

                         SUPPORT/OPPOSITION:  SEE ABOVE

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