Amended in Assembly April 17, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 711


Introduced by Assembly Member Rendon

(Principal coauthor: Assembly Member Pan)

(Coauthors: Assembly Membersbegin insert Ammiano,end insert Blumenfield, Fong, Stone, and Williams)

begin insert

(Coauthor: Senator Steinberg)

end insert

February 21, 2013


An act to amend Section 3004.5 of the Fish and Game Code, relating to hunting.

LEGISLATIVE COUNSEL’S DIGEST

AB 711, as amended, Rendon. Hunting: nonlead ammunition.

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.

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. begin insertA violation of these provisions is a crime. end insertExisting 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.begin delete A violation of these provisions is a crime.end delete

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.

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.

By expanding and changing the definition of a crime, the bill would 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:

P2    1

SECTION 1.  

The Legislature finds and declares all of the
2following:

3(a) California’s wildlife species represent the state’s rich natural
4resources and environmental health and beauty.

5(b) California’s wildlife species play an important role in the
6state’s environmental health.

7(c) Fifty years of research have shown that the presence of lead
8in the environment poses an ongoing threat to the health of the
P3    1general public and the viability of the state’s wildlife species,
2including federally listed threatened and endangered species.

3(d) The United States Environmental Protection Agency defines
4lead as toxic to both humans and animals, and lead can affect
5almost every organ and system in the human body, including the
6heart, bones, intestines, kidneys, and reproductive and nervous
7systems. It interferes with the development of the nervous system
8and is therefore particularly toxic to children, causing potentially
9permanent learning and behavior disorders.

10(e) Lead is a potent neurotoxin, for which no safe exposure level
11exists for humans. The use of lead has been outlawed in and
12removed from paint, gasoline, children’s toys, and many other
13items to protect human health and wildlife.

14(f) Routes of human and wildlife exposure to lead include
15contaminated air, water, soil, and food. Lead ammunition in felled
16wildlife is often consumed by other animals and passed along the
17food chain. Dairy and beef cattle have developed lead poisoning
18after feeding in areas where spent lead ammunition has
19accumulated. Spent lead ammunition can also be mingled into
20crops, vegetation, and waterways.

21(g) Efforts to limit wildlife exposure to lead ammunition have
22been successful. The United States Fish and Wildlife Service
23banned the use of lead shot for waterfowl hunting decades ago,
24and both hunting and waterfowl have thrived since.begin delete Andend delete California
25passed a successful law preventing the use of lead ammunition in
26condor habitat. However, because these restrictions only apply in
27certain areas or to the hunting of particular species, many species
28of wildlife remain threatened by the use of lead ammunition and
29more protections are needed. These successes have shown us how
30to extend protection from lead poisoning to other wildlife.

31(h) A variety ofbegin delete nontoxicend deletebegin insert nonleadend insert ammunition is readily
32available. Studies have shown thatbegin delete nontoxicend deletebegin insert nonleadend insert ammunition
33performs as well as, or better than, lead-based ammunition.

34

SEC. 2.  

Section 3004.5 of the Fish and Game Code is amended
35to read:

36

3004.5.  

(a) Nonlead ammunition, as determined by the
37commission, shall be required when taking all wildlife, including
38game mammals, game birds, nongame birds, and nongame
39mammals, with any firearm.

P4    1(b) By July 1, 2014, the commission shall establish, by
2regulation, a public process to certify ammunition as nonlead
3ammunition, and shall define, by regulation, nonlead ammunition
4as including only ammunition in which there is no lead content.
5The commission shall establish and annually update a list of
6certified ammunition.

7(c) (1) To the extent that funding is available, the commission
8shall establish a process that will provide hunters with nonlead
9ammunition at no or reduced charge. The process shall provide
10that the offer for nonlead ammunition at no or reduced charge may
11be redeemed through a coupon sent to a permitholder with the
12appropriate permit tag. If available funding is not sufficient to
13provide nonlead ammunition at no charge, the commission shall
14set the value of the reduced charge coupon at the maximum value
15possible through available funding, up to the average cost within
16this state for nonlead ammunition, as determined by the
17commission.

18(2) The nonlead ammunition coupon program described in
19paragraph (1) shall be implemented only to the extent that sufficient
20funding, as determined by the Department of Finance, is obtained
21from local, federal, public, or other nonstate sources in order to
22implement the program.

23(3) If the nonlead ammunition coupon program is implemented,
24the commission shall issue a report on the usage and redemption
25rates of ammunition coupons. The report shall cover calendar years
262008, 2009, and 2012. Each report shall be issued by June of the
27 following year.

28(d) The commission shall issue a report on the levels of lead
29found in California condors. This report shall cover calendar years
302008, 2009, and 2012. Each report shall be issued by June of the
31following year.

32(e) The department shall notify those hunters who may be
33affected by this section.

34(f) A person who violates any provision of this section is guilty
35of an infraction punishable by a fine of five hundred dollars ($500).
36A second or subsequent offense shall be punishable by a fine of
37not less than one thousand dollars ($1,000) or more than five
38thousand dollars ($5,000).

P5    1(g) This section does not apply to government officials or their
2agents when carrying out a mandatory statutory duty required by
3law.

4(h) The commission shall promulgate regulations by July 1,
52014, that phase in the requirements of this section. The
6requirements of this section shall be fully implemented statewide
7by no later than July 1, 2016. The commission shall not reduce or
8eliminate any existing regulatory restrictions on the use of lead
9ammunition in California condor habitat unless or until the
10additional requirements for use of nonlead ammunition as required
11by this section are implemented.

12

SEC. 3.  

No reimbursement is required by this act pursuant to
13Section 6 of Article XIII B of the California Constitution because
14the only costs that may be incurred by a local agency or school
15district will be incurred because this act creates a new crime or
16infraction, eliminates a crime or infraction, or changes the penalty
17for a crime or infraction, within the meaning of Section 17556 of
18the Government Code, or changes the definition of a crime within
19the meaning of Section 6 of Article XIII B of the California
20Constitution.



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