BILL ANALYSIS Ó
AB 711
Page 1
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