BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 711|
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THIRD READING
Bill No: AB 711
Author: Rendon (D), et al.
Amended: 9/4/13 in Senate
Vote: 21
SENATE NATURAL RESOURCES AND WATER COMMITTEE : 7-2, 6/11/13
AYES: Pavley, Evans, Hueso, Jackson, Lara, Monning, Wolk
NOES: Cannella, Fuller
SENATE APPROPRIATIONS COMMITTEE : 5-2, 8/30/13
AYES: De León, Hill, Lara, Padilla, Steinberg
NOES: Walters, Gaines
ASSEMBLY FLOOR : 44-21, 5/16/13 - See last page for vote
SUBJECT : Hunting: nonlead ammunition
SOURCE : Audubon California
Defenders of Wildlife
The Humane Society of the United States
DIGEST : This bill requires, as soon as practicable, but by no
later than July 1, 2019, the use of nonlead ammunition for the
taking of wildlife in California.
Senate Floor Amendments of 9/4/13 make technical and clarifying
change to correct an inadvertent omission on prior amendments.
ANALYSIS :
CONTINUED
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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 Fish and Game Commission (Commission) 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
Commission to annually update the list of certified nonlead
ammunition.
3. Authorizes the Commission, to the extent funding is
available, to establish a process to provide hunters within
specified deer hunting zones known to be California condor
range 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).
5. Restricts the importing, manufacturing, or sale of
armor-piercing ammunition, as specified.
This bill:
1. Defines nonlead ammunition, as including only ammunition in
which there is no lead content.
2. Requires, as soon a practicable, but by no later than July 1,
2019, the 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;
requires the Commission to certify, by regulation, nonlead
ammunition for these purposes; and, requires that the list of
certified ammunition include any federally approved nontoxic
shotgun ammunition.
3. Requires the Commission to also adopt regulations by July 1,
2015, that phase in the nonlead ammunition requirements to be
fully implemented statewide by no later than July 1, 2019;
requires the Commission to implement any of these
requirements that can be implemented practicably, in whole or
in part, prior to July 1, 2019.
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4. Provides that the existing restrictions on use of lead
ammunition in California condor range, as described, continue
in effect until the statewide nonlead ammunition requirements
are implemented.
5. Expands the Commission'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.
6. States legislative findings and declarations regarding the
threats to public health and wildlife posed by lead in the
environment, and the availability of nonlead ammunition
alternatives.
7. Suspends, temporarily, the required use of nonlead ammunition
for a specific hunting season and caliber upon a finding by
the Director of the Department of Fish and Wildlife that
nonlead ammunition of a specific caliber is not commercially
available from any manufacturer because of federal
prohibitions relating to armor-piercing ammunition.
8. Requires, notwithstanding a suspension, that nonlead
ammunition be used when taking big game mammals, nongame
birds, or nongame mammals in the California condor range.
9. Requires the Commission to maintain, by regulation, a public
process to certify ammunition as nonlead ammunition, and
define, by regulation, nonlead ammunition as including only
ammunition in which there is no lead content, excluding the
presence of trace amounts of lead and requires the Commission
to establish and annually update a list of certified
ammunition.
Background
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, 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
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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, Chapter
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 within California
condor ranges 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
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 conservation areas several
years ago upon determining that approximately 6.5% of mourning
doves ate lead shot, thus killing almost as many doves annually
as hunters did.
Existing law also requires the 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 USFWS banned the use of lead shells for waterfowl
hunting in the 1991. While the state and federal government
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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.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee:
Ongoing costs of $45,000 from the Fish and Game Preservation
Fund (special) for the Commission to update regulations
annually on the list of certified ammunition and related
education materials.
Likely minor impacts to enforcement costs.
Increased cost pressures for program to supply hunters with
nonlead ammunition at a no or reduced costs
SUPPORT : (Verified 9/4/13)
Audubon California (co-source)
Defenders of Wildlife (co-source)
The Humane Society of the United States (co-source)
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
California Wolf Center
Cape Wildlife Center
Center for Biological Diversity
Center for Sierra Nevada Conservation
Children Now
City of Los Angeles
City of Oakland
Clean Water Action
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Department of Fish and Wildlife
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
Northern California Council Federation of Fly Fishers
PAW PAC
Preserve Lamorinda Open Space
Project Coyote
Protecting Earth & Animals with Compassion & Education
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
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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
OPPOSITION : (Verified 9/9/13)
Alliance of Dogmen
Animal Pest Management Services, Inc
Board of Supervisors County of Madera
Boone & Crockett Club
CALGuns Shooting Sports Association
California Association of Federal Firearms Licenses
California Association of Firearms Retailers
California Bowmen Hunters State Archery Association
California Coalition of Diving Advocates
California Deer Association
California Outdoor Heritage Alliance
California Rifle & Pistol Association
California Sportsman's Lobby
Campfire Club of America
Catch a Dream Foundation
Congressional Sportsmen's Foundation
Conservation Force
Contra Costa Central Labor Council
County of Lake Board of Supervisors
Crossroads of the West
Chief Steward Western United States, Office and Professional
Employees
International Union 277
Delta Waterfowl
Ducks Unlimited
Gun Owners of California
Masters of Foxhounds Foundation
Mishewal-Wappo Tribe Alexander Valley
Mule Deer Foundation
National Rifle Association
National Shooting Sports Foundation
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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
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."
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"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
nonlead ammunition demand."
ARGUMENTS IN OPPOSITION : According to the California Rifle
and Pistol Association, this bill "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 this bill
"would be a substantial loss of hunting license sales and
operating revenue to [the Department of Fish and Wildlife]. [?]
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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."
ASSEMBLY FLOOR : 44-21, 5/16/13
AYES: Alejo, Ammiano, Atkins, Bloom, Blumenfield, Bocanegra,
Bonta, Bradford, Buchanan, Ian Calderon, Campos, Chau,
Chesbro, Daly, Dickinson, Fong, Fox, Garcia, Gatto, Gomez,
Gordon, Gorell, Hall, Roger Hernández, Jones-Sawyer, Levine,
Lowenthal, Medina, Mitchell, Mullin, Muratsuchi, Nazarian,
Pan, V. Manuel Pérez, Quirk, Rendon, Skinner, Ting, Torres,
Weber, Wieckowski, Williams, Yamada, John A. Pérez
NOES: Bigelow, Chávez, Conway, Cooley, Dahle, Donnelly, Beth
Gaines, Hagman, Harkey, Jones, Linder, Logue, Maienschein,
Mansoor, Nestande, Olsen, Patterson, Salas, Wagner, Waldron,
Wilk
NO VOTE RECORDED: Achadjian, Allen, Bonilla, Brown, Eggman,
Frazier, Gray, Grove, Holden, Melendez, Morrell, Perea,
Quirk-Silva, Stone, Vacancy
RM:d 9/9/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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