BILL ANALYSIS Ó AB 711 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 711 (Rendon) As Amended September 4, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |44-21|(May 16, 2013) |SENATE: |23-15|(September 9, | | | | | | |2013) | ----------------------------------------------------------------- Original Committee Reference: W., P. & W. SUMMARY : Requires the use of nonlead ammunition for the taking of wildlife in California as soon as practicable but by no later than July 1, 2019. The Senate amendments : 1)Extend the time period for implementation of the requirement to use nonlead ammunition from July 1, 2018, to July 1, 2019. Clarify that if any of the requirements can be implemented practicably, in whole or in part, in advance of July 1, 2019, the Fish and Game Commission (FGC) shall implement the requirements. 2)Clarify that the existing requirements for use of nonlead centerfire rifle and pistol ammunition shall continue to be required in the California Condor Range, as defined, until the more restrictive statewide nonlead ammunition requirements are implemented. 3)Require that the annual list of certified nonlead ammunition shall include, but is not limited to, any federally approved nontoxic shotgun ammunition, and clarify that the definition of nonlead ammunition includes only ammunition in which there is no lead content, excluding the presence of trace amounts of lead. 4)Add to the legislative findings and declarations that, given the deleterious impacts of lead ammunition, regulations for the use of nonlead ammunition should be implemented as soon as practicable in California, and that the FGC should implement the requirement for use of nonlead ammunition incrementally, if practicable, to provide for increased protection from lead exposure until full compliance with the nonlead ammunition AB 711 Page 2 requirement is achieved. 5)Require that the prohibition on use of lead ammunition shall be temporarily suspended for a specific hunting season and caliber of ammunition upon a finding by the director of DFW that nonlead ammunition of a specific caliber is not commercially available from any manufacturer because of federal prohibitions relating to armor-piercing ammunition. Clarify that notwithstanding any such suspension, nonlead ammunition shall continue to be required to be used when hunting in the California Condor range, as defined, when taking big game mammals, nongame birds, or nongame mammals. 6)Make other technical clarifying amendments and add coauthors. 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 (U.S. Fish and Wildlife Service (USFWS) regulation). FISCAL EFFECT : According to the Senate Appropriations Committee: 1) Ongoing costs of $45,000 from the Fish and Game Preservation Fund (special) for the FGC to update regulations annually on the list of certified ammunition and related education materials. 2) Likely minor impacts to enforcement costs. AB 711 Page 3 3) Increased cost pressures for program to supply hunters with nonlead ammunition at a no or reduced cost. 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. In addition to condors, scientific studies have 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. 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. Supporters of this bill point to a plenitude of scientific peer reviewed studies on the negative effects of lead ammunition on wildlife, the risks to human health from exposure to lead in the environment, and the availability of alternatives as reasons for support of a nonlead ammunition requirement. Opponents assert studies on the effects of lead ammunition are inconclusive, urge voluntary hunter programs as an alternative to a statewide ban, and fear that nonlead ammunition could be banned in the future under federal Alcohol, Tobacco and Firearm regulations as armor piercing ammunition. The Senate amendments make several changes. Among other things, the amendments provide an additional year for phase in and full implementation of the nonlead ammunition requirement to July 1, AB 711 Page 4 2019, and require that the nonlead ammunition requirement be suspended for a specific season and caliber of ammunition if the director of DFW determines that nonlead ammunition for that caliber of ammunition is not available due to federal prohibitions on armor piercing ammunition. The amendments also clarify that even in the event of such a suspension, nonlead ammunition would continue to be required within the California Condor Range for hunting big game mammals, nongame birds, or nongame mammals. Please see the policy committee analysis for a full discussion of this bill. Analysis Prepared by : Diane Colborn / W., P. & W. / (916) 319-2096 FN: 0002612