BILL ANALYSIS                                                                                                                                                                                                    Ó



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          CONCURRENCE IN SENATE AMENDMENTS
          AB 711 (Rendon)
          As Amended  September 4, 2013
          Majority vote
           
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          |ASSEMBLY:  |44-21|(May 16, 2013)  |SENATE: |23-15|(September 9,  |
          |           |     |                |        |     |2013)          |
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           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  








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            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.









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            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,  








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          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


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