BILL NUMBER: AB 2223	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 23, 2010
	AMENDED IN ASSEMBLY  MAY 28, 2010
	AMENDED IN ASSEMBLY  APRIL 19, 2010
	AMENDED IN ASSEMBLY  APRIL 5, 2010

INTRODUCED BY   Assembly Member Nava
    (   Coauthors:   Assembly Members 
 Eng,   Huffman,   and Jones   ) 

                        FEBRUARY 18, 2010

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 2223, as amended, Nava. Wildlife management areas: nontoxic
shot.
   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, commencing July 1, 2011, would prohibit the possession
or use of any shotgun shell loaded with anything other than nontoxic
shot, as defined, when taking migratory game birds, resident small
game, or nongame species under the authority of a hunting license
within a wildlife management area, as defined. Under the bill, a
person who violates that prohibition would be guilty of an infraction
punishable by a $500 fine for the first offense. Because the
 act  bill  would create a new crime, this
bill would  create   impose  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
reimbursement.
   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.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  (a) California's system of wildlife management areas,
as  defined in subdivision (d) of Section 1504 of the Fish
and Game Code  designated in subdivision (a) of Section
550 of Title 14 of the California Code of Regulations  ,
protects over 627,000 acres of the state's most important wildlife
habitat and hosts 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
areas.
   (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
acute.
   (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
read:
   3004.7.  (a) As used in this section:
   (1) "Nontoxic shot" means the types of shot approved by the United
States Fish and Wildlife Service for hunting waterfowl and coots.
   (2) "Wildlife management area" includes those areas designated as
state wildlife areas in subdivision (a) of Section 550 of Title 14 of
the California Code of Regulations.
   (b) A person shall not possess or use any shotgun shell loaded
with anything other than nontoxic shot when taking migratory game
birds, resident small game, or nongame species under the authority of
a hunting license within a wildlife management area.
   (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
($5,000).
   (d) This section shall become operative on July 1, 2011.
  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
Constitution.