BILL ANALYSIS Ó
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| SENATE COMMITTEE ON NATURAL RESOURCES AND WATER |
| Senator Fran Pavley, Chair |
| 2013-2014 Regular Session |
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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
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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
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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
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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.
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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
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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
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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.)
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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:
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"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
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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
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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
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