AB 711, as amended, Rendon. Hunting: nonlead ammunition.
(1) 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 centerfire rifle and pistol 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 instead require, as soon as is practicable, but by no later than July 1, 2019, 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 to certify, by regulation, nonlead ammunition for these purposes. The bill would require that the list of certified ammunition include any federally approved nontoxic shotgun ammunition. 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 statutory duty required by law.
The bill would require the commission to promulgate regulations by July 1, 2015, 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, 2019. The bill would require the commission to implement any of these requirements that can be implemented practicably, in whole or in part, in advance of July 1, 2019. 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 range, as described, 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.
(2) Existing federal law restricts the importing, manufacturing, or sale of armor-piercing ammunition, as specified.
This bill would temporarily suspend the required use of nonlead ammunition for a specific hunting seasonbegin insert and caliberend insert upon a finding by the Director of Fish and Wildlife that nonlead ammunition of a specific caliber is not commercially available from any manufacturer because of federal prohibitions relating to armor-piercing ammunition. The bill would require, notwithstanding a suspension, that nonlead ammunition be used when taking big game mammals, nongame birds, or nongame mammals in the California condor range.
(3) 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
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 has shown that the presence of lead
8in the environment poses an ongoing threat to the health of the
9general public and the viability of the state’s wildlife species,
10including federally listed threatened and endangered species.
11(d) The United States Environmental Protection Agency defines
12lead as toxic to both humans and animals, and lead can affect
13almost every organ and system in the human body, including the
14heart, bones, intestines, kidneys, and reproductive and nervous
15systems. It interferes with the development of the nervous system
16and is therefore particularly toxic to children, causing potentially
17permanent learning and behavior disorders.
18(e) Lead is a potent neurotoxin, for which no safe exposure level
19exists for humans. The use of lead has been outlawed in and
20removed from paint, gasoline, children’s toys, and many other
21items to protect human health and wildlife.
22(f) Routes of human and wildlife exposure to lead include
23contaminated
air, water, soil, and food. Lead ammunition in felled
24wildlife is often consumed by other animals and passed along the
25food chain. Dairy and beef cattle have developed lead poisoning
26
after feeding in areas where spent lead ammunition has
27accumulated. Spent lead ammunition can also be mingled into
28crops, vegetation, and waterways.
P4 1(g) Efforts to limit wildlife exposure to lead ammunition have
2been successful. The United States Fish and Wildlife Service
3banned the use of lead shot for waterfowl hunting decades ago,
4and both hunting and waterfowl have thrived since. California
5passed a successful law preventing the use of lead ammunition in
6condor habitat. However, because these restrictions only apply in
7certain areas or to the hunting of particular species, many species
8of wildlife remain threatened by the use of lead ammunition and
9more protections are needed. These successes have shown us how
10to extend protection from lead poisoning to other wildlife.
11(h) Varieties of nonlead ammunition are readily available.
12Studies have shown that nonlead ammunition performs as well as,
13or better than, lead-based ammunition.
14(i) Given the deleterious impacts of lead ammunition, regulations
15for the use of nonlead ammunition should be implemented as soon
16as practicable in California. The Fish and Game Commission
17should implement the requirement for the use of nonlead
18ammunition incrementally, if practicable, to provide for increasing
19protection from lead exposure until full compliance with the
20nonlead ammunition requirement is achieved.
Section 3004.5 of the Fish and Game Code is amended
22to read:
(a) (1) Nonlead centerfire rifle and pistol ammunition,
24as determined by the commission, shall be required when taking
25big game, as defined in the department’s mammal hunting
26regulations (14 Cal. Code Regs. 350), with rifle or pistol, and when
27taking coyote, within the California condor range.
28(2) For purposes of this section, “California condor range”
29means:
30(A) The department’s deer hunting zone A South, but excluding
31Santa Cruz, Alameda, Contra Costa, San Mateo, and San Joaquin
32Counties, areas west of Highway 101 within Santa Clara County,
33and areas between
Highway 5 and Highway 99 within Stanislaus,
34Merced, Madera, Fresno, Kings, Tulare, and Kern Counties.
35(B) Areas within deer hunting zones D7, D8, D9, D10, D11,
36and D13.
37(3) The requirements of this subdivision shall remain in effect
38in the California condor range unless and until the more restrictive
39nonlead prohibitions required pursuant to subdivision (b) are
40implemented.
P5 1
(b) Except as provided in subdivision (j), and as soon as is
2practicable as implemented by the commission pursuant to
3subdivision (i), but by no later than July 1, 2019, nonlead
4ammunition, as determined by the commission, shall be required
5when taking all wildlife, including game mammals, game birds,
6nongame birds, and nongame mammals, with any firearm.
7(c) (1) The commission shall maintain, by regulation, a public
8process to certify ammunition as nonlead ammunition, and shall
9define, by regulation, nonlead ammunition as including only
10ammunition in which there is no lead content, excluding the
11presence of trace amounts of lead. The commission shall establish
12and annually update a list of certified ammunition.
13(2) The list of certified ammunition shall include, but not be
14limited to, any federally approved nontoxic shotgun ammunition.
15(d) (1) To the extent that funding is available, the commission
16shall establish a process that will provide hunters with nonlead
17ammunition at no or reduced charge. The process shall provide
18that the offer for nonlead ammunition at no or reduced charge may
19be redeemed through a coupon sent to a permitholder with the
20appropriate permit tag. If available funding is not sufficient to
21provide nonlead ammunition at no charge, the commission shall
22set the value of the reduced charge coupon at the maximum value
23possible through available funding, up to the average cost within
24this state for nonlead ammunition, as determined by the
25commission.
26(2) The nonlead ammunition coupon program described in
27paragraph (1) shall be implemented only to the extent that sufficient
28funding, as determined by the Department of Finance, is obtained
29from local, federal, public, or other nonstate sources in order to
30implement the program.
31(3) If the nonlead ammunition coupon program is implemented,
32the commission shall issue a report on the usage and redemption
33rates of ammunition coupons. The report shall cover calendar years
342008, 2009, and 2012. Each report shall be issued by June of the
35following year.
36(e) The commission shall issue a report on the levels of lead
37found in California condors. This report shall cover calendar years
382008, 2009, and 2012. Each report shall
be issued by June of the
39following year.
P6 1(f) The department shall notify those hunters who may be
2affected by this section.
3(g) A person who violates any provision of this section is guilty
4of an infraction punishable by a fine of five hundred dollars ($500).
5
A second or subsequent offense shall be punishable by a fine of
6not less than one thousand dollars ($1,000) or more than five
7thousand dollars ($5,000).
8(h) This section does not apply to government officials or their
9agents when carrying out a statutory duty required by law.
10(i) The commission shall promulgate regulations by July 1,
112015, that phase in the requirements of this section. The
12requirements of this section shall be fully implemented statewide
13by no later than July 1, 2019. If any of the requirements of this
14section can be implemented practicably, in whole or in part, in
15advance of July 1, 2019, the commission shall implement those
16requirements. The commission shall not reduce or eliminate any
17existing regulatory restrictions
on the use of lead ammunition in
18California condor range unless or until the additional requirements
19for use of nonlead ammunition as required by this section are
20implemented.
21(j) (1) The prohibition in subdivision (b) shall be temporarily
22suspended for a specific hunting seasonbegin insert and caliberend insert upon a finding
23by the director that nonlead ammunition of a specific caliber is not
24commercially available from any manufacturer because of federal
25prohibitions relating to armor-piercing ammunition pursuant to
26Chapter 44 (commencing with Section 921) of Title 18 of the
27United States Code.
28(2) Notwithstanding a suspension pursuant to paragraph (1),
29nonlead ammunition shall
be used when taking big game mammals,
30nongame birds, or nongame mammals in the California condor
31range, as defined in subdivision (a).
No reimbursement is required by this act pursuant to
33Section 6 of Article XIII B of the California Constitution because
34the only costs that may be incurred by a local agency or school
35district will be incurred because this act creates a new crime or
36infraction, eliminates a crime or infraction, or changes the penalty
37for a crime or infraction, within the meaning of Section 17556 of
38the Government Code, or changes the definition of a crime within
P7 1the meaning of Section 6 of Article XIII B of the California
2Constitution.
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