BILL ANALYSIS                                                                                                                                                                                                    Ó



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          Date of Hearing:   April 16, 2013

                   ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
                                Anthony Rendon, Chair
                    AB 711 (Rendon) - As Amended:  March 19, 2013
           
          SUBJECT  :   Hunting: Nonlead Ammunition

           SUMMARY  :   Requires the use of nonlead ammunition for the taking  
          of wildlife in California.  Specifically,  this bill  :

          1)Requires use of nonlead ammunition for the taking of all  
            wildlife in California, including game mammals, game birds,  
            nongame birds, and nongame mammals, with any firearm.

          2)Requires the Fish and Game Commission (FGC), by July 1, 2014,  
            to certify, by regulation, nonlead ammunition for these  
            purposes.  Defines nonlead ammunition as including only  
            ammunition in which there is no lead content.  Requires FGC to  
            also adopt regulations by July 1, 2014 that phase in the  
            nonlead ammunition requirements to be fully implemented  
            statewide by no later than July 1, 2016.  Provides that the  
            existing restrictions on use of lead ammunition in California  
            condor habitat shall continue in effect until the statewide  
            nonlead ammunition requirements are implemented. 

          3)Expands the FGC's existing authority to establish a process to  
            provide hunters with nonlead ammunition at no or reduced  
            charge within certain hunting zones, to instead apply  
            statewide.

          4)States legislative findings and declarations regarding the  
            threats to public health and wildlife posed by lead in the  
            environment, and the availability of nontoxic ammunition  
            alternatives.

           EXISTING LAW  :

          1)Requires the use of nonlead centerfire rifle and pistol  
            ammunition when taking big game or coyotes in specified deer  
            hunting zones known to be California Condor range.

          2)Required the FGC by July 1, 2008 to certify nonlead ammunition  
            by regulation and defines nonlead ammunition to include only  
            centerfire rifle and pistol ammunition in which there is no  








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            lead content.  Requires the FGC to annually update the list of  
            certified centerfire rifle and pistol ammunition.

          3)Authorizes the FGC, to the extent funding is available, to  
            establish a process to provide hunters within specified deer  
            hunting zones known to be California condor habitat with  
            nonlead ammunition at no or reduced charge.

          4)Prohibits the use of lead ammunition to hunt waterfowl (U.S.  
            Fish and Wildlife Service (USFWS) regulation).

           FISCAL EFFECT  :   Unknown

           COMMENTS  :   This bill requires the use of nonlead ammunition for  
          the hunting of any wildlife in California in order to reduce the  
          risk of lead exposure to wildlife and humans.  California  
          required the use of non-lead ammunition to hunt big game and  
          coyotes in areas of the state identified as California condor  
          range in 2007.  That requirement was enacted in response to  
          evidence showing lead poisoning is a leading cause of mortality  
          in condors, a critically endangered species.  Condors are  
          scavengers that feed primarily on dead carrion which is a source  
          of ingested lead ammunition fragments.  The Assembly Water,  
          Parks & Wildlife Committee analysis on AB 821 (Nava) of 2007  
          contains a more detailed overview of the scientific studies  
          documenting the impacts of lead ammunition on California  
          condors.  In addition to condors, numerous scientific studies  
          have also documented deaths and other adverse health effects of  
          lead exposure on other wildlife species, including avian  
          predators and scavengers, such as bald eagles, golden eagles,  
          turkey vultures, red-tailed hawks and ravens, as well as  
          numerous upland game bird species, such as mourning doves,  
          ring-necked pheasants, and wild turkeys.  The USFWS adopted a  
          nationwide ban on the use of lead ammunition for hunting  
          waterfowl in 1991 after studies showed waterfowl can ingest  
          expended lead shot and die or suffer other debilitating effects  
          from lead exposure.

           Author's Statement  :  The author notes 50 years of research have  
          shown lead in the environment poses an ongoing threat to public  
          health and California's wildlife species, including federally  
          listed threatened and endangered species.  Lead is recognized by  
          the Centers for Disease Control (CDC) and the United States  
          Environmental Protection Agency (EPA) as toxic to both humans  
          and animals.  Lead is a potent neurotoxin and, according to the  








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          CDC, there is no identified safe exposure limit for humans.   
          Because lead interferes with the nervous system it is  
          particularly toxic to children, causing potentially permanent  
          learning and behavior disorders, which is also why it has been  
          outlawed in paint, gasoline, toys, etc.  However, lead continues  
          to persist in the environment due to its continued use in lead  
          ammunition.  Lead ammunition fragments and lead shot in felled  
          wildlife can be consumed by other animals and passed along the  
          food chain.  Dairy and beef cattle have also developed lead  
          poisoning after feeding in areas where spent lead ammunition has  
          accumulated.  The United States Geological Service (USGS)  
          estimates upland hunting fields may have as much as 400,000 shot  
          per acre in some areas.  While the state and federal government  
          have adopted some successful restrictions on the use of lead  
          ammunition for big game hunting in the California condor range  
          and for waterfowl hunting, because these restrictions only apply  
          in certain areas or to particular species or types of wildlife,  
          many species of wildlife remain threatened by use of lead  
          ammunition.

          According to the USFWS, a study conducted in the mid-1990s  
          suggests the nationwide ban on the use of lead shot for  
          waterfowl hunting has had remarkable success.  Six years after  
          the ban, researchers estimated a 64% reduction in lead poisoning  
          deaths of surveyed mallard ducks and a 78% decline in lead  
          pellet ingestion.  The study concluded the restrictions on lead  
          shot have prevented the deaths of thousands of waterfowl.  Two  
          recent studies by the University of California at Davis also  
          found evidence the ban on use of lead ammunition for hunting big  
          game in the California condor range may have had an ancillary  
          benefit for golden eagles and turkey vultures.  The studies  
          found a correlation between the condor lead ban and blood lead  
          levels in turkey vultures and golden eagles, which have declined  
          since the condor lead ban was implemented.

           Scientists Consensus Statement  :  A consensus statement authored  
          by 30 scientists with expertise in lead and environmental health  
          was just published on March 23, 2013.  The consensus statement  
          endorses "the overwhelming scientific evidence on the toxic  
          effects of lead on human and wildlife health," and urges support  
          for "reduction and eventual elimination of lead released to the  
          environment through the discharge of lead-based ammunition, in  
          order to protect human and environmental health."    Among the  
          points emphasized in the statement are the following:
           The overwhelming scientific evidence of the toxicity of lead  








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            to multiple physiological systems in vertebrate organisms,  
            including but not limited to its effects on the nervous system  
            and cardiovascular system;
           The absence of a safe lead exposure limit for children, for  
            whom even slightly elevated levels of lead can produce lasting  
            neurological deficits;
           The evidence of lead's toxicity to mammals and birds and the  
            significant health risks to both humans and wildlife posed by  
            discharge of lead ammunition;
           Lead ammunition is likely the largest remaining unregulated  
            source of lead in the environment;
           Best available scientific evidence demonstrates discharge of  
            lead based ammunition substantially increases environmental  
            lead levels, especially in areas of concentrated shooting  
            activity; 
           Lead bullets can fragment into small pieces which may be  
            ingested by scavenging animals or in processed meat for human  
            consumption, and is a significant source of lead exposure for  
            gun users and humans who ingest wild game;
           Lead poisoning from ingestion of lead ammunition fragments  
            poses a serious and significant threat to California wildlife,  
            including but not limited to golden eagles, bald eagles,  
            ravens, turkey vultures, mountain lions, and, as noted above,  
            California condors.

          Scientists authoring the consensus statement include scientists  
          from such institutions as the University of California (at  
          Davis, Berkeley and Santa Cruz), Harvard Medical School, Rutgers  
          University, John Hopkins University, Cornell University, the  
          University of Cambridge, and others.  The statement also  
          includes a compendium of references to scientific literature on  
          lead ammunition and its effects on wildlife and humans.

          According to the Association of Avian Veterinarians, lead is a  
          potent toxin to wild birds that can have individual and  
          population level effects.  The Association notes mortality and  
          morbidity from exposure to lead from ammunition has been  
          documented for decades in water birds, upland game birds,  
          scavengers and avian predators.  At toxic levels in birds, lead  
          causes lethargy, gastrointestinal stasis, anorexia, vomiting,  
          diarrhea, anemia, disturbances of cellular metabolic functions,  
          and neurologic injury leading to blindness, seizures, weaknesses  
          and death.  At lower levels, lead exposure causes a number of  
          sub-lethal effects such as neurological damage, tissue and organ  
          damage, and reproductive impairment.  Recent studies suggest  








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          more than one-quarter of bald eagles admitted to rehabilitation  
          facilities have elevated blood levels.  Current data for raptors  
          and avian scavengers demonstrate clear positive correlations of  
          lead exposure during hunting seasons.  

           Human Health Affects  :  The public health effects of lead, which  
          can be life threatening at high levels, can also be damaging at  
          low exposure levels.  Human health effects from lead exposure  
          include but are not limited to, impaired cognition, Attention  
          Deficit Disorder, psychiatric disorders, learning disabilities,  
          internal organ damage, increased blood pressure, hypertension,  
          and arrhythmia.  A recent article published in Scientific  
          American in February 2013 notes studies show lead exposure may  
          also be a factor in elderly dementia.  Pregnant women and  
          children are especially sensitive to the effects of lead  
          exposure because the brains of children are still developing. As  
          noted above, there is no safe level of lead exposure for  
          children.  An increasing number of studies have looked at the  
          potential impacts to humans of ingesting game meat shot with  
          lead ammunition.  Increased blood lead levels in humans have  
          been positively correlated with consumption of game meat taken  
          with lead ammunition, particularly in humans who regularly  
          consume game meat.  A CDC study conducted in North Dakota and  
          published in Environmental Research in 2009 found people who ate  
          wild game had 30-50% higher blood lead levels in comparison to  
          those who did not consume wild game.  One study conducted by the  
          Minnesota Department of Natural Resources determined lead bullet  
          fragments can be present in hunter harvested venison and can  
          become lodged in tissue as far as 14 inches from the wound site.  
           State health and wildlife agencies in North Dakota, Minnesota  
          and Wisconsin have recommended women and children do not eat any  
          game harvested with lead ammunition.  Both North Dakota and  
          Minnesota have also sent advisories to food pantries not to  
          distribute or use donated ground venison after lab tests showed  
          contamination with lead fragments. 

           Availability of Alternatives  :  One of the arguments against  
          nonlead ammunition requirements in the past has been the alleged  
          absence of effective and affordable alternatives to lead-based  
          ammunition.  Since the 1991 USFWS ban on use of lead shot for  
          waterfowl hunting, and the enactment of other restrictions on  
          the use of lead ammunition in California and other states, the  
          availability of alternatives has expanded and prices have also  
          become more competitive. The most commonly used alternatives are  
          copper or copper alloy bullets which are designed not to  








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          fragment. A recent study published in 2012 in Ambio, a journal  
          of the Royal Swedish Academy of Sciences, found that wide  
          product availability, comparable prices and effectiveness of  
          lead-free alternatives now makes phase out of lead ammunition  
          feasible worldwide.  The survey found a wide range of lead-free  
          bullet calibers are available in the United States and Europe at  
          comparable prices and ballistic performance.  Barnes Bullets LLC  
          in the US is the world's largest manufacturer of lead-free  
          bullets.  Lead-free bullets manufactured by Barnes and several  
          other manufacturers are available for a wide selection of  
          hunting cartridges made by 37 different manufacturers.   
          According to the survey, virtually all of the lead-core bullet  
          calibers used for hunting are available in lead-free form, as  
          are the cartridges into which they are loaded.  Examples of  
          differences in prices include:
               .223 Remingtonlead-free: $23-$30; lead-core: $24 to $29
               .243 Winchesterlead-free: $30-$33; lead-core: $26 to $37
               .270 Winchesterlead-free: $39-$40; lead-core: $30 to $38

          Online commercial availability has also increased, with 48  
          different hunting rifle cartridges with lead-free bullets  
          available now from online retailers.  

          Fears that enactment of the requirement to use lead-free  
          ammunition in the California condor range would lead to a  
          reduction in the number of hunters in California due to the  
          increased cost of lead-free ammunition have not materialized.   
          According to data maintained by the Department of Fish and  
          Wildlife (DFW), hunting tag sales for deer hunting in California  
          since the California condor lead-free requirement took effect in  
          2008 have not declined.  The number of deer tags sold in 2007,  
          prior to the ban, was 26,104, and in 2011 the number sold was  
          27,453. 

           Support Arguments  :  Supporters note over 500 published  
          scientific studies, including numerous peer reviewed studies,  
          document that more than 130 species of wildlife are negatively  
          affected by lead ammunition.  This bill will help stop the  
          damage lead ammunition used in hunting is doing to wildlife, the  
          environment and people.  In addition to the negative impact of  
          lead on wildlife like bald eagles, golden eagles and condors,  
          humans are also negatively impacted through consumption of meat  
          contaminated by lead ammunition.  Lead is a known toxin that  
          causes serious health and behavior problems for adults and  
          children.  The CDC recommends that children and pregnant or  








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          nursing women have no exposure to lead whatsoever.  Viable  
          alternatives to lead ammunition for hunting exist that are  
          competitively priced and effective, thus there is no reason to  
          continue to expose the environment, humans or wildlife to the  
          risks associated with lead ammunition.  Supporters also note the  
          ban on use of lead ammunition in the California condor range,  
          while helpful, is not enough, as wildlife and humans continue to  
          be exposed to lead through use of lead ammunition in other parts  
          of California and for forms of hunting other than big game.   
          Supporters also emphasize this bill is supportive of hunting  
          rather than anti-hunting, and will help put hunting on a more  
          long-term sustainable basis by shifting to less environmentally  
          harmful and more effective rifle and shotgun ammunition that  
          does not leave a toxic footprint.  Letters in support have also  
          been received from a number of California hunters with lifetime  
          hunting licenses, including several current and former members  
          of the California Fish and Game Commission and the California  
          Wildlife Officers Foundation.   

           Opposition Arguments  :  Opponents assert there is no conclusive  
          proof lead ammunition is the cause of the decline of the  
          California condor, that the existence of a scientific consensus  
          is not sufficient, and that lead ammunition should not be banned  
          without absolute proof.  With regard to studies linking the lead  
          isotopes in lead ammunition to lead found in condors, opponents  
          assert the studies are inconclusive because they did not compare  
          the lead found in condors with the lead isotopes in other items  
          such as car batteries and lead fishing tackle.  They also assert  
          copper bullets may be toxic as well and should be more  
          thoroughly studied.  Other opponents assert a ban on lead  
          ammunition will have an adverse business impact on lawful  
          ammunition retailers and gun shows, and could have a negative  
          economic impact on DFW and local economies.  They also assert  
          research on condor blood levels shows lead levels in condors  
          have not significantly changed in two years after lead  
          ammunition was banned in the condor range, and therefore there  
          may remain as yet undetermined sources of lead that are  
          contaminating condor blood and that of other scavengers.  Some  
          opponents urge alternatives such as voluntary burying of gut  
          piles by hunters could be as effective as requiring nonlead  
          ammunition.  Opponents argue the FGC rather than the Legislature  
          is the proper forum for consideration of a statewide ban on use  
          of lead ammunition for hunting.  Opponents also argue there is a  
          lack of effective alternatives to lead-based ammunition for some  
          applications, particularly for 22 long rifles used to hunt small  








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          game.

          Opponents also raise concerns that some alternatives to  
          lead-based ammunition could be banned by the federal Bureau of  
          Alcohol, Tobacco, Firearms and Explosives (ATF) as "armor  
          piercing ammunition," particularly rifle ammunition that can now  
          be used in some more modern types of handguns.  While the ATF  
          can grant a waiver if the ammunition is primarily intended to be  
          used for sporting purposes such as hunting, the ATF has not yet  
          acted officially to grant the waivers.  While the ATF has not  
          actually ruled any existing nonlead hunting ammunition products  
          already in use are illegal, opponents nevertheless assert the  
          uncertainty as to whether a waiver would be granted is having a  
          chilling effect on the willingness of manufacturers to invest  
          additional research into development of more nonlead ammunition  
          alternatives.      
           
           Suggested Technical Amendments  :  

          1)For clarity and consistency of terminology, staff recommends  
            subdivision (h) of the findings on page 3 be amended to read:

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

          2)Add coauthors: Senator Steinberg, Assemblyman Ammiano 
             
           REGISTERED SUPPORT / OPPOSITION  :   

           Support  

          Audubon California (co-sponsor)
          Defenders of Wildlife (co-sponsor)
          Humane Society of the United States (co-sponsor)
          American Federation of State, County and Municipal Employees  
          (AFSCME), AFL-CIO
          Action for Animals
          Alameda Creek Alliance
          Animal Welfare Institute
          Born Free USA
          California Coastal Protection Network
          Californians for a Healthy and Green Economy (CHANGE)
          Cape Wildlife Center








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          Center for Biological Diversity
          Center for Sierra Nevada Conservation
          Children Now
          Clean Water Action
          Defenders of Wildlife
          Earth Island Institute
          Eastern Sierra Wildlife Care
          El Dorado Audubon Society
          Endangered Habitats League
          Environment California
          Environmental Action Committee of West Marin
          Environmental Defense Center
          Environmental Protection Information Center
          Environmental Working Group
          Forests Forever
          Friends of the Eel River
          Friends of Five Creeks
          Green Cities California
          Helping our Peninsula's Environment
          Humane Society Veterinary Medical Association
          Injured and Orphaned Wildlife
          Klamath Forest Alliance
          Los Angeles Society for the Prevention of Cruelty to Animals
          Los Padres Forest Watch
          MOMS Advocating Sustainability
          Natural Resources Defense Council
          Northcoast Environmental Center
          Northern California Council Federation of Fly Fishers
          Physicians Committee for Responsible Medicine
          Physicians for Social Responsibility, Los Angeles
          Planning and Conservation League
          Preserve Lamorinda Open Space
           Support - continued  

          Project Coyote
          Protecting Earth & Animals with Compassion and Education
          Public Employees for Environmental Responsibility, California
          Public Interest Coalition
          Rainforest Action Network
          Raptors are the Solution
          Regional Parks Association
          Sacramento Audubon Society
          Salmon Protection and Watershed Network
          San Fernando Valley Audubon Society
          Santa Clara County Activists for Animals








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          Santa Clara Valley Audubon Society
          Santa Cruz Society for the Prevention of Cruelty to Animals
          Save the Frogs
          Sierra Club California 
          Silicon Valley Toxics Coalition
          Social Compassion in Legislation
          Society for the Prevention of Cruelty to Animals
          Stewards of the Earth
          Strawberry Creek Watershed Council
          Tehama Wild Care
          The Paw Project
          Tri-City Ecology Center
          Turtle Island Restoration Network
          Ventana Wilderness Alliance
          Wild Equity Institute
          Wildcare
          Wildlife Rehabilitation & Release
          Wintu Audubon Society
          Over 100 licensed veterinarians
          Numerous individuals

           Opposition
                                                                                        
          California Association of Firearms Retailers
          California Rifle and Pistol Association, Inc.
          Crossroads of the West
          National Rifle Association
          National Shooting Sports Foundation, Inc.
          Outdoor Sportsmen's Coalition of California
          Safari Club International
          The California Sportsman's Lobby, Inc.
          Several individuals

           
          Analysis Prepared by  :    Diane Colborn / W., P. & W. / (916)  
          319-2096