BILL ANALYSIS Ó
AB 711
Page 1
ASSEMBLY THIRD READING
AB 711 (Rendon)
As Amended April 17, 2013
Majority vote
WATER, PARKS & WILDLIFE 9-5
APPROPRIATIONS 11-5
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|Ayes:|Rendon, Blumenfield, |Ayes:|Gatto, Bocanegra, |
| |Bocanegra, Fong, Frazier, | |Bradford, |
| |Gatto, Gomez, Yamada, | |Ian Calderon, Campos, |
| |Williams | |Gomez, Hall, Ammiano, |
| | | |Pan, Quirk, Weber |
|-----+--------------------------+-----+--------------------------|
|Nays:|Bigelow, Allen, Dahle, |Nays:|Harkey, Bigelow, |
| |Beth Gaines, Patterson | |Donnelly, Linder, Wagner |
| | | | |
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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
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environment, and the availability of nonlead 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)Requires the FGC to certify nonlead ammunition by regulation
and defines nonlead ammunition to include only centerfire
rifle and pistol ammunition in which there is no lead content.
Requires the FGC to annually update the list of certified
nonlead 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 (United
States Fish and Wildlife Service (USFWS) regulation).
FISCAL EFFECT : According to the Assembly Appropriations
Committee, minor costs, probably less than $50,000 for the
Department of Fish and Wildlife (DFW) to develop regulations to
certify ammunition as nonlead and distribute educational
materials. Extending current nonlead enforcement would result
in minor, if any, additional costs for law enforcement by DFW.
COMMENTS : This bill requires the use of nonlead ammunition for
the hunting of any wildlife in California to reduce the risk of
lead exposure to wildlife and humans. California required the
use of nonlead 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 an overview
of the scientific studies documenting the impacts of lead
ammunition on California condors. In addition to condors,
scientific studies have documented deaths and other adverse
health effects of lead exposure on other wildlife species,
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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.
The author of this bill 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
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 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
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found evidence that 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 took effect.
A consensus statement authored by 30 scientists with expertise
in lead and environmental health was 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. Authors of 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, and the University of Cambridge.
According to the Association of Avian Veterinarians
(Association), 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 ammunition
has been documented for decades in water birds, upland game
birds, scavengers and avian predators. At toxic levels, lead
causes lethargy, gastrointestinal stasis, anorexia, vomiting,
diarrhea, anemia, disturbances of cellular metabolic functions,
and neurologic injury leading to blindness, seizures, weakness
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
over one-quarter of bald eagles admitted to rehabilitation
facilities have elevated blood lead levels. Current data for
raptors and avian scavengers demonstrate positive correlations
of lead exposure during hunting seasons.
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.
An article published in Scientific American in February 2013
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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. According to the CDC, there is no safe
level of lead exposure for children. A 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. A study 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.
An argument against nonlead ammunition requirements in the past
has been the alleged absence of effective and affordable
alternatives. 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 become
more competitive. The most commonly used alternatives are
copper or copper alloy bullets which are designed not to
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 United States is the world's largest manufacturer of
lead-free bullets. Lead-free bullets manufactured by Barnes and
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
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are the cartridges into which they are loaded. 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 have not
materialized. According to data maintained by 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.
Supporters argue over 500 published scientific studies,
including numerous peer reviewed studies, document that more
than 130 species of wildlife are negatively affected by lead
ammunition. Supporters assert this bill will help stop the harm
lead ammunition is causing to wildlife, the environment and
people. Since viable alternatives to lead ammunition for
hunting exist that are competitively priced and effective,
supporters assert 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 ammunition that does not leave a toxic
footprint.
Opponents assert that there is no conclusive proof lead
ammunition is the cause of the decline of the California condor,
a scientific consensus is not sufficient, and 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 warrant further study. Opponents argue a ban on lead
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ammunition will have an adverse business impact on lawful
ammunition retailers and gun shows, and could have a negative
impact on DFW and local economies. They also assert research
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 be other sources of lead that are
contaminating condors. Opponents urge alternatives such as
voluntary burying of gut piles by hunters, and argue the FGC
rather than the Legislature is the proper forum for
consideration of a statewide ban on use of lead ammunition.
Opponents also argue there is a lack of effective alternatives
for some applications, and fear nonlead ammunition could be
banned by the federal Bureau of Alcohol, Tobacco, Firearms and
Explosives (ATF) as armor piercing ammunition. 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 has a
chilling effect on the willingness of manufacturers to invest
research into development of more nonlead ammunition
alternatives.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0000487