INTRODUCED BY   Assembly Member Nava

                        FEBRUARY 18, 2010

   An act to add Section 3004.7 to the Fish and Game Code, relating
to wildlife.


   AB 2223, as introduced, Nava. Wildlife management areas: nontoxic
   The Ridley-Tree Condor Preservation Act requires the use of
nonlead centerfire rifle and pistol ammunition when taking big game
and coyote within specified areas. Existing law generally provides
that a violation of the fish and game laws is a crime.
   This bill would require the use of nontoxic shot, as defined, when
shooting or hunting in state wildlife management areas. Under the
bill, a person who violates that requirement would be guilty of an
infraction punishable by a $500 fine for the first offense. Because
the act would create a new crime, this bill would create a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
   This bill would provide that no reimbursement is required by this
act for a specified reason.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


  SECTION 1.  (a) California's system of wildlife management areas,
as defined in subdivision (d) of Section 1504 of the Fish and Game
Code, protect over 627,000 acres of the state's most important
wildlife habitat and host many species that are listed as threatened,
endangered, or fully protected under state law. Wildlife management
areas are virtual islands of habitat that serve as magnets to
wildlife and human visitors with excellent wildlife viewing, and
fishing and hunting opportunities.
   (b) Wildlife management areas should be managed in accordance with
the highest standards of wildlife management.
   (c) Nationally, lead poisoning of waterfowl and the Bald Eagle
resulted in a 1991 federal ban on the use of lead shot in all
waterfowl and coot hunting areas, including state wildlife management
   (d) Twenty-five states have lead shot prohibitions for hunting
beyond those required by the federal government for waterfowl.
   (e) Lead poisoning has been observed in 37 species of birds beyond
waterfowl with adverse impacts on mourning doves being especially
   (f) Hunting is a valued tradition in California and hunters play a
critical role in wildlife management and conservation, particularly
in funding for wildlife conservation generated through license sales
and excise taxes on sporting equipment.
   (g) California's fish and wildlife resources are held in trust for
the common good of all the people of California.
   (h) Allowing the continued use of lead shot ammunition currently
used in hunting small game and game birds in wildlife management
areas is inconsistent with best practices for such management.
   (i) It is, therefore, the intent of the Legislature to eliminate
the use of lead shot for the purposes of shooting or hunting in
wildlife management areas.
  SEC. 2.  Section 3004.7 is added to the Fish and Game Code, to
   3004.7.  (a) As used in this section:
   (1) "Nontoxic shot" includes the types of shot approved by the
United States Fish and Wildlife Service for hunting waterfowl and
   (2) "Wildlife management areas" includes waterfowl management
areas, deer ranges, upland game bird management areas, and public
shooting grounds.
   (b) Nontoxic shot shall be used when shooting or hunting in
wildlife management areas.
   (c) A person who violates this section is guilty of an infraction
punishable by a fine of five hundred dollars ($500). A second or
subsequent offense shall be punishable by a fine of not less than one
thousand dollars ($1,000) or more than five thousand dollars
  SEC. 3.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California