California Legislature—2015–16 Regular Session

Assembly BillNo. 395


Introduced by Assembly Member Gallagher

February 18, 2015


An act to amend Section 3004.5 of the Fish and Game Code, relating to hunting.

LEGISLATIVE COUNSEL’S DIGEST

AB 395, as introduced, Gallagher. Hunting: nonlead ammunition.

Existing law requires the use of nonlead centerfire rifle and pistol ammunition, as determined by the Fish and Game Commission, to be required when taking big game with a rifle or pistol, and when taking coyote, within the California condor range. Existing law further requires, as soon as is practicable, but by no later than July 1, 2019, the use of nonlead ammunition for the taking of all wildlife, including game mammals, game birds, nongame birds, and nongame mammals, with any firearm, and requires the commission to promulgate regulations by July 1, 2015, that phase in the requirements of these provisions.

This bill would repeal the latter restriction against the use of nonlead ammunition for the taking of all wildlife and related provisions.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: no.

The people of the State of California do enact as follows:

P1    1

SECTION 1.  

Section 3004.5 of the Fish and Game Code is
2amended to read:

3

3004.5.  

(a) (1) Nonlead centerfire rifle and pistol ammunition,
4as determined by the commission, shall be required when taking
P2    1big game, as defined in the department’s mammal hunting
2regulations (14 Cal. Code Regs. 350), withbegin insert aend insert rifle or pistol, and
3when taking coyote, within the California condor range.

4(2) For purposes of this section, “California condor range”
5means:

6(A) The department’s deer hunting zone A South, but excluding
7Santa Cruz, Alameda, Contra Costa, San Mateo, and San Joaquin
8Counties, areas west of Highway 101 within Santa Clara County,
9and areas between Highway 5 and Highway 99 within Stanislaus,
10Merced, Madera, Fresno, Kings, Tulare, and Kern Counties.

11(B) Areas within deer hunting zones D7, D8, D9, D10, D11,
12and D13.

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13(3) The requirements of this subdivision shall remain in effect
14in the California condor range unless and until the more restrictive
15nonlead prohibitions required pursuant to subdivision (b) are
16implemented.

end delete
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17(b) Except as provided in subdivision (j), and as soon as is
18practicable as implemented by the commission pursuant to
19subdivision (i), but by no later than July 1, 2019, nonlead
20ammunition, as determined by the commission, shall be required
21when taking all wildlife, including game mammals, game birds,
22nongame birds, and nongame mammals, with any firearm.

end delete
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23(c)

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24begin insert(b)end insert (1) The commission shall maintain, by regulation, a public
25process to certify ammunition as nonlead ammunition, and shall
26define, by regulation, nonlead ammunition as including only
27ammunition in which there is no lead content, excluding the
28presence of trace amounts of lead. The commission shall establish
29and annually update a list of certified ammunition.

30(2) The list of certified ammunition shall include, but not be
31limited to, any federally approved nontoxic shotgun ammunition.

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32(d)

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33begin insert(c)end insert (1) To the extent that funding is available, the commission
34shall establish a process that will provide hunters with nonlead
35ammunition at no or reduced charge. The process shall provide
36that the offer for nonlead ammunition at no or reduced charge may
37be redeemed through a coupon sent to a permitholder with the
38appropriate permit tag. If available funding is not sufficient to
39provide nonlead ammunition at no charge, the commission shall
40set the value of the reduced charge coupon at the maximum value
P3    1possible through available funding, up to the average cost within
2this state for nonlead ammunition, as determined by the
3commission.

4(2) The nonlead ammunition coupon program described in
5paragraph (1) shall be implemented only to the extent that sufficient
6funding, as determined by the Department of Finance, is obtained
7from local, federal, public, or other nonstate sources in order to
8implement the program.

9(3) If the nonlead ammunition coupon program is implemented,
10the commission shall issue a report on the usage and redemption
11rates of ammunition coupons. The report shall cover calendar years
122008, 2009, and 2012. Each report shall be issued by June of the
13following year.

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14(e)

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15begin insert(d)end insert The commission shall issue a report on the levels of lead
16found in California condors. This report shall cover calendar years
172008, 2009, and 2012. Each report shall be issued by June of the
18following year.

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19(f)

end delete

20begin insert(e)end insert The department shall notify those hunters who may be
21affected by this section.

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22(g)

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23begin insert(f)end insert A person who violates any provision of this section is guilty
24of an infraction punishable by a fine of five hundred dollars ($500).
25A second or subsequent offense shall be punishable by a fine of
26not less than one thousand dollars ($1,000) or more than five
27thousand dollars ($5,000).

begin delete

28(h)

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29begin insert(g)end insert This section does not apply to government officials or their
30agents when carrying out a statutory duty required by law.

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31(i) The commission shall promulgate regulations by July 1,
322015, that phase in the requirements of this section. The
33requirements of this section shall be fully implemented statewide
34by no later than July 1, 2019. If any of the requirements of this
35section can be implemented practicably, in whole or in part, in
36advance of July 1, 2019, the commission shall implement those
37requirements. The commission shall not reduce or eliminate any
38existing regulatory restrictions on the use of lead ammunition in
39California condor range unless or until the additional requirements
P4    1for use of nonlead ammunition as required by this section are
2implemented.

3(j) (1) The prohibition in subdivision (b) shall be temporarily
4suspended for a specific hunting season and caliber upon a finding
5by the director that nonlead ammunition of a specific caliber is not
6commercially available from any manufacturer because of federal
7prohibitions relating to armor-piercing ammunition pursuant to
8Chapter 44 (commencing with Section 921) of Title 18 of the
9United States Code.

10(2) Notwithstanding a suspension pursuant to paragraph (1),
11nonlead ammunition shall be used when taking big game mammals,
12nongame birds, or nongame mammals in the California condor
13range, as defined in subdivision (a).

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