AB 711, as amended, Rendon. Hunting: nonlead ammunition.
Existing law requires the Fish and Game Commission, by July 1, 2008, to establish by regulation a public process to certify centerfire rifle and pistol ammunition as nonlead ammunition, and to define by regulation nonlead ammunition as including only centerfire rifle and pistol ammunition in which there is no lead content. Existing law requires the commission to establish and annually update a list of certified centerfire rifle and pistol ammunition.
Existing law requires that nonlead ammunition, as determined by the commission, be used when taking big game with a rifle or pistol, as defined by the Department of Fish and Wildlife’s hunting regulations, and when taking coyote, within specified deer hunting zones, but excluding specific counties and areas. begin insertA
			 violation of these provisions is a crime. end insertExisting law requires the commission to establish a process, to the extent that funding is available, that will provide hunters in these specified deer hunting zones with nonlead ammunition at no or reduced charge.begin delete A violation of these provisions is a crime.end delete
This bill would revise and recast these provisions to require the use of nonlead ammunition for the taking of all wildlife, including game mammals, game birds, nongame birds, and nongame mammals, with any firearm. The bill would require the commission, by July 1, 2014, to certify, by regulation, nonlead ammunition for these purposes. The bill would make conforming changes. The bill would provide that these provisions do not apply to government officials or their agents when carrying out a mandatory statutory duty required by law.
The bill would require the commission to promulgate regulations by July 1, 2014, that phase in the requirements of these provisions. The bill would require that these requirements be fully implemented statewide by no later than July 1, 2016. The bill would also require that the commission not reduce or eliminate any existing regulatory restrictions on the use of lead ammunition in California condor habitat unless or until the additional requirements for use of nonlead ammunition as required by these provisions are implemented.
By expanding and changing the definition of a crime, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.
The people of the State of California do enact as follows:
The Legislature finds and declares all of the 
2following:
3(a) California’s wildlife species represent the state’s rich natural 
4resources and environmental health and beauty.
5(b) California’s wildlife species play an important role in the 
6state’s environmental health.
7(c) Fifty years of research have shown that the presence of lead 
8in the environment poses an ongoing threat to the health of the 
P3    1general public and the viability of the state’s wildlife species, 
2including federally listed threatened and endangered species.
3(d) The United States Environmental Protection Agency defines 
4lead as toxic to both humans and animals, and lead can affect 
5almost every organ and system in the human body, including the 
6heart, bones, intestines, kidneys, and reproductive and nervous 
7systems. It interferes with the development of the nervous system 
8and is therefore particularly toxic to children, causing potentially 
9permanent learning and behavior disorders.
10(e) Lead is a potent neurotoxin, for which no safe exposure level 
11exists for humans. The use of lead has been outlawed in and 
12removed from paint, gasoline, children’s toys, and many other 
13items to protect human health and wildlife.
14(f) Routes of human and wildlife exposure to lead include 
15contaminated
				air, water, soil, and food. Lead ammunition in felled 
16wildlife is often consumed by other animals and passed along the 
17food chain. Dairy and beef cattle have developed lead poisoning 
18after feeding in areas where spent lead ammunition has 
19accumulated. Spent lead ammunition can also be mingled into 
20crops, vegetation, and waterways.
21(g) Efforts to limit wildlife exposure to lead ammunition have 
22been successful. The United States Fish and Wildlife Service 
23banned the use of lead shot for waterfowl hunting decades ago, 
24and both hunting and waterfowl have thrived since.begin delete Andend delete California 
25passed a successful law preventing the use of lead ammunition in 
26condor habitat. However, because these restrictions only apply in 
27certain areas or to the hunting of particular species, many
				species 
28of wildlife remain threatened by the use of lead ammunition and 
29more protections are needed. These successes have shown us how 
30to extend protection from lead poisoning to other wildlife.
31(h) A variety ofbegin delete nontoxicend deletebegin insert nonleadend insert ammunition is readily 
32available. Studies have shown thatbegin delete nontoxicend deletebegin insert nonleadend insert ammunition 
33performs as well as, or better than, lead-based ammunition.
Section 3004.5 of the Fish and Game Code is amended 
35to read:
(a) Nonlead ammunition, as determined by the 
37commission, shall be required when taking
						all wildlife, including 
38game mammals, game birds, nongame birds, and nongame 
39mammals, with any firearm.
P4    1(b) By July 1, 2014, the commission shall establish, by 
2regulation, a public process to certify ammunition as nonlead 
3ammunition, and shall define, by regulation, nonlead ammunition 
4as including only ammunition in which there is no lead content. 
5The
						commission shall establish and annually update a list of 
6certified ammunition.
7(c) (1) To the extent that funding is available, the commission 
8shall establish a process that will provide hunters with nonlead 
9ammunition at no or reduced charge. The process shall provide 
10that the offer for nonlead ammunition at no or reduced charge may 
11be redeemed through a coupon sent to a permitholder with the 
12appropriate permit tag. If available funding is not sufficient to 
13provide nonlead ammunition at no charge, the commission shall 
14set the value of the reduced charge coupon at the maximum value 
15possible through available funding, up to the average cost within 
16this state for nonlead ammunition, as determined by the 
17commission.
18(2) The nonlead
						ammunition coupon program described in 
19paragraph (1) shall be implemented only to the extent that sufficient 
20funding, as determined by the Department of Finance, is obtained 
21from local, federal, public, or other nonstate sources in order to 
22implement the program.
23(3) If the nonlead ammunition coupon program is implemented, 
24the commission shall issue a report on the usage and redemption 
25rates of ammunition coupons. The report shall cover calendar years 
262008, 2009, and 2012. Each report shall be issued by June of the
27
						following year.
28(d) The commission shall issue a report on the levels of lead 
29found in California condors. This report shall cover calendar years 
302008, 2009, and 2012. Each report shall be issued by June of the 
31following year.
32(e) The department shall notify those hunters who may be 
33affected by this section.
34(f) A person who violates any provision of this section is guilty 
35of an infraction punishable by a fine of five hundred dollars ($500). 
36A second or subsequent offense shall be punishable by a fine of 
37not less than one thousand dollars ($1,000) or more than five 
38thousand dollars ($5,000).
P5    1(g) This section does not apply to government
						officials or their 
2agents when carrying out a mandatory statutory duty required by 
3law.
4(h) The commission shall promulgate regulations by July 1, 
52014, that phase in the requirements of this section. The 
6requirements of this section shall be fully implemented statewide 
7by no later than July 1, 2016. The commission shall not reduce or 
8eliminate any existing regulatory restrictions on the use of lead 
9ammunition in California condor habitat unless or until the 
10additional requirements for use of nonlead ammunition as required 
11by this section are implemented.
No reimbursement is required by this act pursuant to 
13Section 6 of Article XIII B of the California Constitution because 
14the only costs that may be incurred by a local agency or school 
15district will be incurred because this act creates a new crime or 
16infraction, eliminates a crime or infraction, or changes the penalty 
17for a crime or infraction, within the meaning of Section 17556 of 
18the Government Code, or changes the definition of a crime within 
19the meaning of Section 6 of Article XIII B of the California 
20Constitution.
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