BILL ANALYSIS Ó ----------------------------------------------------------------- | | | SENATE COMMITTEE ON NATURAL RESOURCES AND WATER | | Senator Fran Pavley, Chair | | 2013-2014 Regular Session | | | ----------------------------------------------------------------- BILL NO: AB 711 HEARING DATE: June 11, 2013 AUTHOR: Rendon URGENCY: No VERSION: April 17, 2013 CONSULTANT: Katharine Moore DUAL REFERRAL: No FISCAL: Yes SUBJECT: Hunting: nonlead ammunition. BACKGROUND AND EXISTING LAW Lead has long been known to be a toxic substance with no biological benefits whose effects are considered to be cumulative. According to the United States Environmental Protection Agency and the Centers for Disease Control (CDC), lead is toxic to both humans and animals. It is a potent neurotoxin to which pregnant women and children are particularly susceptible, and there is no safe exposure level established for humans. As a result, lead has been removed from paint, gasoline, children's toys and other items. Exposure to lead is by inhalation, ingestion and dermal contact from contaminated air, water, soil and food. In the wild, higher order predators can be exposed to lead from eating wildlife shot with lead ammunition. Other exposure routes can include eating in areas with substantial environmental lead. For example, there is a report that dairy and beef cattle fed in areas where spent lead ammunition has accumulated can also be a source of lead in the food chain. In some locations, the United States Geological Survey has estimated that upland hunting fields may contain as much as 400,000 lead shot per acre. The Ridley-Tree Condor Preservation Act (AB 821, Nava, c. 520, Statutes of 2007) requires the use of nonlead centerfire rifle and pistol ammunition when taking big game or coyotes in specified deer hunting zones in the California condor range. California banned the use of lead ammunition in California condor habitat to reduce the risk of lead poisoning to the critically endangered species. Lead poisoning was shown to be a leading cause of mortality in condors, as condors are scavengers 1 and feed primarily on dead carrion - a source of ingested lead. Condors and other wildlife - including avian predators and scavengers such as bald eagles, golden eagles, turkey vultures, red-tailed hawks and ravens, remained threatened by environmental lead. Numerous upland game bird species, including mourning doves, ring-necked pheasants and wild turkeys, are also threatened by lead poisoning and, thus, the continued high levels of environmental lead. For example, mourning doves suffer acute effects from lead ingestion and research has shown that changes induced in their behavior within a day of eating lead result in increased mortality. Missouri banned the use of lead shot in state conservations areas several years ago upon determining that approximately 6.5% of mourning doves at lead shot, thus killing almost as many doves annually as hunters did. Existing law also requires the Fish and Game Commission (commission) to certify nonlead ammunition by regulation, and update its certified ammunition list annually. In an effort to combat lead poisoning of water fowl, the United States Fish and Wildlife Service (USFWS) banned the use of lead shells for waterfowl hunting in the 1991. While the state and federal government have adopted some successful restrictions on the use of lead ammunition in the instances noted above, these restrictions only apply in certain areas or to particular species or types of wildlife. PROPOSED LAW This bill would ban the use of lead ammunition for hunting in California. Specifically, the bill would: Make numerous uncodified legislative findings regarding the threats to public health and wildlife posed by lead in the environment, and the ready availability of nonlead ammunition with similar performance characteristics. Modify the existing ban on the use of specified lead ammunition for certain species in certain parts of the state to a more general ban on the use of lead ammunition discharged from any firearm for the taking of all wildlife. Set a July 1, 2014 target date for the commission to establish a public process to certify, by regulation, nonlead ammunition. Expand the existing program, funding permitted, to provide hunters with nonlead ammunition throughout the state Provide an exemption from the required use of nonlead ammunition for government officials when carrying out their mandatory statutory duties 2 Require that the commission promulgate regulations by July 1, 2014 to start the phase-in of the nonlead ammunition requirements with full implementation to be achieved by July 1, 2016, and require that no changes be made in areas where lead ammunition is already restricted to protect the California condor. ARGUMENTS IN SUPPORT According to the author, "Assembly Bill 711 is a long overdue reform. [?] Lead is a toxin that is bad for human health and the environment, and lead ammunition exposes humans and other animals to this life-threatening poison. [?] Lead-based ammunition is one of the greatest sources of lead discharged to our lands and water. Scientists agree that this poses a significant risk to human health and the environment. Meat from animals shot with lead ammunition poses as a health risk to humans. Because lead shatters upon impact, meat from animals shot by hunters using lead ammunition often contains tiny fragments of lead that are ingested by humans and other animals." "Lead ammunition still threatens the California condor, golden eagle and other protected species. Similarly, one in five free-flying condors has ingested such significant levels of lead from these sources that they are at risk of dying from lead poisoning. [?] Just last year, a study published by the National Academy of Sciences concluded that unless lead ammunition is removed from the environment entirely, the California condor won't survive on its own." According to the Humane Society of the United States, "in California, lead ammunition has been a problem for wildlife for decades and has grave implications for public health. [?] Lead poisoning is an extremely painful and sometimes drawn-out process that can leave animals and people permanently disabled, and is a lethal threat to all wildlife, including endangered and protected species." "This threat is wholly preventable. Assembly Bill 711 is a solid step forward in addressing the persistent lead poisonings that are taking place across our state. Just last week a golden eagle, who received intensive veterinary treatment for several weeks, lost her life due to ingesting lead ammunition fragments in the gut pile of a discarded, hunted carcass. By removing lead ammunition from hunting, deaths like this one will no longer be the norm. [?] The science is clear; lead ammunition is dangerous and the market is continually expanding to fulfill the 3 nonlead ammunition demand." ARGUMENTS IN OPPOSITION According to the California Rifle and Pistol Association, AB 711 "is designed to circumvent the regulatory process delegated by the Legislature to the commission. [?] The commission is currently reviewing the science related to the use of lead and its impacts on wildlife [?] The commission is the appropriate venue for this review." They argue that despite the lead ammunition ban in condor zones that condor blood lead concentration levels have continued to rise despite very high hunter compliance with the use of nonlead ammunition. Materials provided by the National Rifle Association state that "the failure of California's lead ammunition ban to decrease lead poisoning [in condors] proves conclusively that [it is] alternative sources of lead in the environment that is causing lead poisoning. [?] There are serious questions about the purported nexus between traditional ammunition and lead poisoning and the mortality in California condors and other wildlife" According to the California Association of Firearms Retailers, "manufacturers are saying there may be a shortage of nonlead ammunition as the Federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) has determined that such ammunition meets the definition of prohibited armor piercing ammunition and manufacturers may no longer be able to produce it. If this is not resolved, there would be no lawful ammunition for hunting and thus no hunting." According to Crossroads of the West, the passage of AB 711 "would be a substantial loss of hunting license sales and operating revenue to [the Department of Fish and Wildlife (department)]. [?] Acceptable alternatives to lead ammunition remain limited compared to the availability of various calibers and loadings of lead ammunition used for hunting. The alternatives are also more expensive, creating an economic barrier to their use." The department released a letter dated May 30, 2013 that took an "oppose unless amended" position on this bill. The department proposed three amendments in its letter: Additional time to promulgate regulations An extension of the full implementation date, and Language to ensure consistency with existing federal law. 4 COMMENTS The department's concerns . The author's office and the department have sought to reach an agreement to address and satisfy the department's concerns. The committee may wish to make technical and substantive changes to the bill to reflect these negotiations (Amendment 1). The applicable federal shot regulations referenced in this amendment are found in Title 50 of the Code of Federal Regulations section 20.134 (50 CFR 20.134) (nontoxic shot) and 50 CFR 20.21 (j) (allowable shot types). The scientific basis for limiting the use of lead ammunition for hunting . 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 estimate a 64% reduction in lead poisoning deaths of surveyed mallard ducks and a 78% decline in lead pellet ingestion. The study's conclusions indicated that the restrictions on lead shot have prevented the unnecessary deaths of thousands of waterfowl. Two recent studies conducted by researchers at the University of California, Davis, also found evidence that the ban on the use of lead ammunition for hunting big game in the California condor range may have provided an ancillary benefit for golden eagles and turkey vultures. These 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 March 23, 2013 consensus statement signed by 30 distinguished scientists with expertise in lead and environmental health endorsed the overwhelming scientific evidence on the toxic effects of lead on human and wildlife health. They urged support for the 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. Scientists from several Tier 1 research universities signed the statement. 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 in water birds, upland game birds, scavengers and avian predators. At toxic levels, lead causes a variety of complaints up to and including death to the birds. At 5 lower levels, lead exposures causes a number of sub-lethal effects including reproductive impairment and neurological damage, among others. Recent work indicates that over 25% of the bald eagles admitted to rehabilitation facilities have elevated blood lead levels. Current data for raptors and avian scavengers demonstrate positive correlations with lead exposure during hunting seasons. Lead can also be life-threatening at high levels as well as damaging at low levels to humans. 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. Lead poisoning may also be associated with elderly dementia according to the February 2013 Scientific America. 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 2009 CDC study conducted in North Dakota found that people who ate wild game had 30 - 50% higher blood lead levels compared to those who did not. 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. 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. Committee staff note that lead ammunition is not the only source of lead in the environment, but lead is not known to have any biological benefits and is considered a persistent hazard. As noted above, efforts have been made to reduce the amount of lead in many products to reduce exposure to lead. Are there effective and affordable alternatives to lead ammunition ? The availability of alternatives to lead ammunition have expanded and prices have become more competitive since the 1991 USFWS ban on the use of lead ammunition to take waterfowl and additional restrictions on the use of lead ammunition in different states have come into force. The most commonly used alternatives are copper or copper alloy bullets. A recent survey in Ambio found that ready product availability, comparable prices and effectiveness of nonlead alternatives make the phase-out of lead ammunition feasible world-wide. The survey found a wide range of lead-free bullet calibers are 6 available in the United States and Europe at comparable prices and ballistic performance. Over 37 different manufacturers make hunting cartridges using nonlead bullets provided by manufacturers located in the United States (e.g. Barnes Bullet, LLC) and others. Prices are comparable - a box of lead-free cartridges is $30 - $33 and a box of lead ones are $26 - $37 for a 0.243 Winchester. Additionally, the survey found that virtually all lead bullet calibers used for hunting are available in nonlead versions, as are the hunting cartridges themselves. Online commercial availability has also increased with 48 different hunting rifle cartridges with lead-free bullets available via online retailers. Does hunting decline where nonlead ammunition is required ? The enactment of the requirement to use nonlead ammunition in the California condor range has not led to a reduction in the number of hunters in California. According to department data, hunting tag sales for deer hunting in California since the nonlead ammunition requirements took effect in 2008 have not declined. Prior to the ban in 2007, 26,104 deer tags were sold and 27,453 were sold in 2011. An ATF ban on ammunition ? Some opponents argue that nonlead ammunition could be banned by the federal Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF) as armor piercing ammunition. The ATF can grant a waiver if the ammunition is primarily intended to be used for sporting purposes, such as hunting. However, the ATF has not yet officially acted to grant any waivers, although information provided by the bill's sponsor indicate numerous waivers are pending. The ATF has not ruled that any existing nonlead hunting ammunition products already in use are illegal, but 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. Supporters argue that the ATF has made no effort to date to restrict or prohibit the sale of any nonlead rifle ammunition used by hunters, and that the two year phase-in period allows ample time for a resolution to this issue to be achieved. Related legislation AB 2223 (Nava, 2010). This bill would have banned the use of lead shot while taking migratory game birds, resident small game or non-game species in a wildlife management area (failed before the Senate Natural Resources and Water Committee.) 7 AB 821 (Nava, c. 520, Statutes of 2007). This bill is the Ridley-Tree Condor Preservation Act and established a ban on the use of lead centerfire rifle and pistol ammunition when taking big game and coyote within the range of the California Condor, among other provisions. SUGGESTED AMENDMENTS AMENDMENT 1 On page 3, insert between lines 33 and 34: "(i) Given the deleterious impacts of lead ammunition, a requirements for use of nonlead ammunition shall be implemented as soon as practicable in California. The Fish and Game Commission shall implement the requirement for the use of nonlead ammunition incrementally, if practicable, to provide for increasing protection from lead exposure until full compliance with the nonlead ammunition requirement is achieved." On page 4, line 1, delete the existing line and replace with: "(b) The commission shall maintain by" On page 4, insert between lines 6 and 7: "(c) The list of certified ammunition shall include, but not be limited to, any federally approved non-toxic shotgun ammunition." On page 4, line 7, replace "(c)" with "(d)" On page 4, line 28, replace "(d)" with "(e)" On page 4, line 32, replace "(e)" with "(f)" On page 4, line 34, replace "(f)" with "(g)" On page 5, line 1, replace "(g)" with "(h)" On page 5, line 4, replace "(h)" with "(i)" and add "2015" following the comma On page 5, line 5, delete "2014" On page 5, line 7, delete "2016." and replace with: 8 "2018. If any of the requirements of this section can be implemented practicably, in whole or in part, in advance of July 1, 2018, the commission shall implement those requirements." SUPPORT The Humane Society of the United States (co-sponsor) Defenders of Wildlife (co-sponsor) Audubon California (co-sponsor) Action for Animals Alameda Creek Alliance American Federation of State, County and Municipal Employees American Society for the Prevention of Cruelty to Animals Animal Welfare Institute Born Free USA California Coastal Protection Network California for a Healthy and Green Economy (CHANGE) California Wolf Center Cape Wildlife Center Center for Biological Diversity Center for Biological Diversity Center for Sierra Nevada Conservation Children Now City of Oakland Clean Water Action Eastern Sierra Wildlife Care 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 Five Creeks Friends of the Eel River Green Cities California Helping Our Peninsula's Environment Humane Society Veterinary Medical Association Injured & Orphaned Wildlife Klamath Forest Alliance Klamath Forest Alliance Los Angeles County Democratic Party Los Padres Forest Watch Marin County Board of Supervisors MOMS Advocating Sustainability Northcoast Environmental Center 9 Northern California Council Federation of Fly Fishers PAW PAC Preserve Lamorinda Open Space Project Coyote Protecting Earth & Animals with Compassion & Education (PEACE) Public Employees for Environmental Responsibility, California Public Interest Coalition Rainforest Action Network Raptors are the Solution Regional Parks Association Salmon Protection And Watershed Network San Fernando Valley Audubon Society Santa Clara County Activists for Animals Santa Clara Valley Audubon Society Santa Cruz SPCA Save the Frogs Sierra Club California Silicon Valley Toxics Coalition Social Compassion in Legislation Society for the Prevention of Cruelty to Animals State Humane Association of California Stewards of the Earth Strawberry Creek Watershed Council Tehama Wild Care The Nature Conservancy The Paw Project Try-City Ecology Center Tuleyome Turtle Island Restoration Network Ventana Wilderness Alliance Wild Equity Institute WildCare Numerous individuals, including self-identified hunters OPPOSITION Animal Pest Management Services, Inc Board of Supervisors County of Madera Boone & Crockett Club California Association of Federal Firearms Licenses California Association of Firearms Retailers California Outdoor Heritage Alliance California Rifle & Pistol Association California Sportsman's Lobby 10 Campfire Club of America Catch a Dream Foundation Congressional Sportsmen's Foundation Conservation Force County of Lake Board of Supervisors Crossroads of the West Delta Waterfowl Ducks Unlimited Masters of Foxhounds Foundation Mishewal-Wappo Tribe Alexander Valley Mule Deer Foundation National Rifle Association National Shooting Sports Foundation National Trappers Association National Wild Turkey Federation North American Bear Foundation Outdoor Sportsmen's Coalition of California Pope & Young Club Quality Deer Management Association Rocky Mountain Elk Foundation Ruffled Grouse Society Safari Club International U.S. Sportsmen's Alliance Whitetails Unlimited Wild Sheep Foundation Wildlife Forever Wildlife Management Institute Numerous individuals 11