Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 711


Introduced by Assembly Member Rendon

begin insert

(Principal coauthor: Assembly Member Pan)

end insert
begin insert

(Coauthors: Assembly Members Blumenfield, Fong, Stone, and Williams)

end insert

February 21, 2013


An act to amend Sectionbegin delete 3002end deletebegin insert 3004.5end insert of the Fish and Game Code, relating tobegin delete fish and wildlifeend deletebegin insert huntingend insert.

LEGISLATIVE COUNSEL’S DIGEST

AB 711, as amended, Rendon. begin deleteFish and wildlife: methods of taking. end deletebegin insertHunting: nonlead ammunition.end insert

begin insert

Existing law requires the Fish and Game Commission, by July 1, 2008, to establish by regulation a public process to certify centerfire rifle and pistol ammunition as nonlead ammunition, and to define by regulation nonlead ammunition as including only centerfire rifle and pistol ammunition in which there is no lead content. Existing law requires the commission to establish and annually update a list of certified centerfire rifle and pistol ammunition.

end insert
begin insert

Existing law requires that nonlead ammunition, as determined by the commission, be used when taking big game with a rifle or pistol, as defined by the Department of Fish and Wildlife’s hunting regulations, and when taking coyote, within specified deer hunting zones, but excluding specific counties and areas. Existing law requires the commission to establish a process, to the extent that funding is available, that will provide hunters in these specified deer hunting zones with nonlead ammunition at no or reduced charge. A violation of these provisions is a crime.

end insert
begin insert

This bill would revise and recast these provisions to require the use of nonlead ammunition for the taking of all wildlife, including game mammals, game birds, nongame birds, and nongame mammals, with any firearm. The bill would require the commission, by July 1, 2014, to certify, by regulation, nonlead ammunition for these purposes. The bill would make conforming changes. The bill would provide that these provisions do not apply to government officials or their agents when carrying out a mandatory statutory duty required by law.

end insert
begin insert

The bill would require the commission to promulgate regulations by July 1, 2014, that phase in the requirements of these provisions. The bill would require that these requirements be fully implemented statewide by no later than July 1, 2016. The bill would also require that the commission not reduce or eliminate any existing regulatory restrictions on the use of lead ammunition in California condor habitat unless or until the additional requirements for use of nonlead ammunition as required by these provisions are implemented.

end insert
begin insert

By expanding and changing the definition of a crime, the bill would impose a state-mandated local program.

end insert
begin insert

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.

end insert
begin insert

This bill would provide that no reimbursement is required by this act for a specified reason.

end insert
begin delete

Existing law makes it unlawful to shoot at a game bird or mammal, including a marine mammal, as defined, from a powerboat, sailboat, motor vehicle, or airplane.

end delete
begin delete

This bill would make a nonsubstantive change to this provision.

end delete

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: begin deleteno end deletebegin insertyesend insert.

The people of the State of California do enact as follows:

begin insert

begin insertSECTION 1.end insert  

end insert
begin insert

The Legislature finds and declares all of the following:

end insert
begin insert

(a) California’s wildlife species represent the state’s rich natural resources and environmental health and beauty.

end insert
begin insert

(b) California’s wildlife species play an important role in the state’s environmental health.

end insert
begin insert

(c) Fifty years of research have shown that the presence of lead in the environment poses an ongoing threat to the health of the general public and the viability of the state’s wildlife species, including federally listed threatened and endangered species.

end insert
begin insert

(d) The United States Environmental Protection Agency defines lead as toxic to both humans and animals, and lead can affect almost every organ and system in the human body, including the heart, bones, intestines, kidneys, and reproductive and nervous systems. It interferes with the development of the nervous system and is therefore particularly toxic to children, causing potentially permanent learning and behavior disorders.

end insert
begin insert

(e) Lead is a potent neurotoxin, for which no safe exposure level exists for humans. The use of lead has been outlawed in and removed from paint, gasoline, children’s toys, and many other items to protect human health and wildlife.

end insert
begin insert

(f) Routes of human and wildlife exposure to lead include contaminated air, water, soil, and food. Lead ammunition in felled wildlife is often consumed by other animals and passed along the food chain. Dairy and beef cattle have developed lead poisoning after feeding in areas where spent lead ammunition has accumulated. Spent lead ammunition can also be mingled into crops, vegetation, and waterways.

end insert
begin insert

(g) Efforts to limit wildlife exposure to lead ammunition have been successful. The United States Fish and Wildlife Service banned the use of lead shot for waterfowl hunting decades ago, and both hunting and waterfowl have thrived since. And California passed a successful law preventing the use of lead ammunition in condor habitat. However, because these restrictions only apply in certain areas or to the hunting of particular species, many species of wildlife remain threatened by the use of lead ammunition and more protections are needed. These successes have shown us how to extend protection from lead poisoning to other wildlife.

end insert
begin insert

(h) A variety of nontoxic ammunition is readily available. Studies have shown that nontoxic ammunition performs as well as, or better than, lead-based ammunition.

end insert
P5   30begin insert

begin insertSEC. end insertbegin insert2end insertbegin insert.end insert  

end insert

begin insertSection 3004.5 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended to read:end insert

3004.5.  

(a) Nonleadbegin delete centerfire rifle and pistolend delete ammunition, as determined by the commission, shall be required when takingbegin delete big game with rifle or pistol, as defined by Section 350 of the department’s mammal hunting regulations, and when taking coyote, within the department’s deer hunting zone A South, but excluding Santa Cruz, Alameda, Contra Costa, San Mateo, and San Joaquin Counties, areas west of Highway 101 within Santa Clara County, and areas between Highway 5 and Highway 99 within Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and Kern Counties, and within deer hunting zones D7, D8, D9, D10, D11, and D13end deletebegin insert all wildlife, including game mammals, game birds, nongame birds, and nongame mammals, with any firearmend insert.

(b) By July 1,begin delete 2008end deletebegin insert 2014end insert, the commission shall establish, by regulation, a public process to certifybegin delete centerfire rifle and pistolend delete ammunition as nonlead ammunition, and shall define, by regulation, nonlead ammunition as including onlybegin delete centerfire rifle and pistolend delete ammunition in which there is no lead content. The commission shall establish and annually update a list of certifiedbegin delete centerfire rifle and pistolend delete ammunition.

(c) (1) To the extent that funding is available, the commission shall establish a process that will provide huntersbegin delete within the department’s deer hunting zone A South, but excluding Santa Cruz, Alameda, Contra Costa, San Mateo, and San Joaquin Counties, areas west of Highway 101 within Santa Clara County, and areas between Highway 5 and Highway 99 within Stanislaus, Merced, Madera, Fresno, Kings, Tulare, and Kern Counties, and within deer hunting zones D7, D8, D9, D10, D11, and D13end delete with nonlead ammunition at no or reduced charge. The process shall provide that the offer for nonlead ammunition at no or reduced charge may be redeemed through a coupon sent to a permitholder with the appropriate permit tag. If available funding is not sufficient to provide nonlead ammunition at no charge, the commission shall set the value of the reduced charge coupon at the maximum value possible through available funding, up to the average cost within this state for nonlead ammunition, as determined by the commission.

(2) The nonlead ammunition coupon program described in paragraph (1) shall be implemented only to the extent that sufficient funding, as determined by the Department of Finance, is obtained from local, federal, public, or other nonstate sources in order to implement the program.

(3) If the nonlead ammunition coupon program is implemented, the commission shall issue a report on the usage and redemption rates of ammunition coupons. The report shall cover calendar years 2008, 2009, and 2012. Each report shall be issued by June of the following year.

(d) The commission shall issue a report on the levels of lead found in California condors. This report shall cover calendar years 2008, 2009, and 2012. Each report shall be issued by June of the following year.

(e) The department shall notify those hunters who may be affected by this section.

(f) A person who violates any provision of 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).

begin insert

(g) This section does not apply to government officials or their agents when carrying out a mandatory statutory duty required by law.

end insert
begin insert

(h) The commission shall promulgate regulations by July 1, 2014, that phase in the requirements of this section. The requirements of this section shall be fully implemented statewide by no later than July 1, 2016. The commission shall not reduce or eliminate any existing regulatory restrictions on the use of lead ammunition in California condor habitat unless or until the additional requirements for use of nonlead ammunition as required by this section are implemented.

end insert
begin insert

begin insertSEC. end insertbegin insert3end insertbegin insert.end insert  

end insert
begin insert

No reimbursement is required by this act pursuant to
31Section 6 of Article XIII B of the California Constitution because
32the only costs that may be incurred by a local agency or school
33district will be incurred because this act creates a new crime or
34infraction, eliminates a crime or infraction, or changes the penalty
35for a crime or infraction, within the meaning of Section 17556 of
36the Government Code, or changes the definition of a crime within
37the meaning of Section 6 of Article XIII B of the California
38Constitution.

end insert
begin delete39

SECTION 1.  

Section 3002 of the Fish and Game Code is
40amended to read:

P6    1

3002.  

It is unlawful to shoot at a game bird or mammal,
2including a marine mammal as defined in Section 4500, from a
3powerboat, sailboat, motor vehicle, or airplane.

end delete


O

    98