BILL ANALYSIS
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|SENATE RULES COMMITTEE | AB 821|
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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,
Wyland
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:
CONTINUED
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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
specified.
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.
Background
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
birds.
Existing law establishes a process housed at the Department
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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
Non-State+
Coupons unknown
Non-State+
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
Employees
Animal Switchboard
Audubon California
California Coastal Protection Network
California League of Conservation Voters
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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.
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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
necessary.
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,
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Silva, Smyth, Spitzer, Strickland, Tran, Villines,
Walters
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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