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. A violation of these provisions is a crime. 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.
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
begin delete commission, by July 1, 2014,end delete 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,
begin delete 2014,end delete 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, begin delete 2016.end delete 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:
The Legislature finds and declares all of the
P3 1(a) California’s wildlife species represent the state’s rich natural
2resources and environmental health and beauty.
3(b) California’s wildlife species play an important role in the
4state’s environmental health.
5(c) Fifty years of research have shown that the presence of lead
6in the environment poses an ongoing threat to the health of the
7general public and the viability of the state’s wildlife species,
8including federally listed threatened and endangered species.
9(d) The United States
Environmental Protection Agency defines
10lead as toxic to both humans and animals, and lead can affect
11almost every organ and system in the human body, including the
12heart, bones, intestines, kidneys, and reproductive and nervous
13systems. It interferes with the development of the nervous system
14and is therefore particularly toxic to children, causing potentially
15permanent learning and behavior disorders.
16(e) Lead is a potent neurotoxin, for which no safe exposure level
17exists for humans. The use of lead has been outlawed in and
18removed from paint, gasoline, children’s toys, and many other
19items to protect human health and wildlife.
20(f) Routes of human and wildlife exposure to lead include
21contaminated air, water, soil, and food. Lead ammunition in felled
22wildlife is often consumed by other animals and passed along the
23food chain. Dairy and beef cattle have developed lead poisoning
24 after feeding in areas where spent lead ammunition has
25accumulated. Spent lead ammunition can also be mingled into
26crops, vegetation, and waterways.
27(g) Efforts to limit wildlife exposure to lead ammunition have
28been successful. The United States Fish and Wildlife Service
29banned the use of lead shot for waterfowl hunting decades ago,
30and both hunting and waterfowl have thrived since. California
31passed a successful law preventing the use of lead ammunition in
32condor habitat. However, because these restrictions only apply in
33certain areas or to the hunting of particular species, many species
34of wildlife remain threatened by the use of lead ammunition and
35more protections are needed. These successes have shown us how
36to extend protection from lead poisoning to other wildlife.
37(h) A variety of nonlead ammunition is readily available. Studies
38have shown that nonlead ammunition performs as well as, or better
39than, lead-based ammunition.
Section 3004.5 of the Fish and Game Code is amended
(a) Nonlead ammunition, as determined by the
11commission, shall be required when taking all wildlife, including
12game mammals, game birds, nongame birds, and nongame
13mammals, with any firearm.
begin deleteBy July 1, 2014, the end deletecommission shall begin delete establish,end delete
15 by regulation, a public process to certify ammunition as
16nonlead ammunition, and shall define, by regulation, nonlead
17ammunition as including only ammunition in which there is no
18lead content. The commission shall establish and annually update
19a list of certified ammunition.
22(c) (1) To the extent that funding is available, the commission
23shall establish a process that will provide hunters with nonlead
24ammunition at no or reduced charge. The process shall provide
25that the offer for nonlead ammunition at no or reduced charge may
26be redeemed through a coupon sent to a permitholder with the
27appropriate permit tag. If available funding is not sufficient to
28provide nonlead ammunition at no charge, the commission shall
29set the value of the reduced charge coupon at the maximum value
30possible through available funding, up to the average cost within
31this state for nonlead ammunition, as determined by the
33(2) The nonlead ammunition coupon program described in
34paragraph (1) shall be implemented only to the extent that sufficient
35funding, as determined by the Department of Finance, is obtained
36from local, federal, public, or other nonstate sources in order to
37implement the program.
38(3) If the nonlead ammunition coupon program is implemented,
39the commission shall issue a report on the usage and redemption
40rates of ammunition coupons. The report shall cover calendar years
P5 12008, 2009, and 2012. Each report shall be issued by June of the
3(d) The commission shall issue a report on the levels of lead
4found in California condors. This report shall cover calendar years
52008, 2009, and 2012. Each report shall be issued by June of the
7(e) The department shall notify those hunters who may be
8affected by this section.
9(f) A person who violates any provision of this section is guilty
10of an infraction punishable by a fine of five hundred dollars ($500).
11A second or subsequent offense shall be punishable by a fine of
12not less than one thousand dollars ($1,000) or more than five
13thousand dollars ($5,000).
14(g) This section does not apply to government officials or their
15agents when carrying out a mandatory statutory duty required by
17(h) The commission shall promulgate regulations by July 1,
begin delete 2014,end delete that phase in the requirements of this section. The
19requirements of this section shall be fully implemented statewide
20by no later than July 1,
begin delete 2016.end delete The commission shall not reduce or eliminate any
24existing regulatory restrictions on the use of lead ammunition in
25California condor habitat unless or until the additional requirements
26for use of nonlead ammunition as required by this section are
No reimbursement is required by this act pursuant to
29Section 6 of Article XIII B of the California Constitution because
30the only costs that may be incurred by a local agency or school
31district will be incurred because this act creates a new crime or
32infraction, eliminates a crime or infraction, or changes the penalty
33for a crime or infraction, within the meaning of Section 17556 of
34the Government Code, or changes the definition of a crime within
35the meaning of Section 6 of Article XIII B of the California