Amended in Assembly January 4, 2016

California Legislature—2015–16 Regular Session

Assembly Bill No. 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 amended, Gallagher. Hunting: nonlead ammunition.

Existing law requires the use of nonlead centerfire rifle and pistol ammunition, as determined by the Fish and Game Commission, begin delete to be required end delete 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.

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

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This bill would exempt the northern and north central regions from the requirement that nonlead ammunition be used for the taking of all wildlife. The bill would also require, no later than July 1, 2017, the Director of Fish and Wildlife to make findings regarding the commercial availability of each type of nonlead projectile and nonlead ammunition, as defined, and to publish these findings on the commission’s Internet Web site. The bill would require, if a type of nonlead projectile or nonlead ammunition is not commercially available, the commission to exempt those types of lead projectiles and lead ammunition from those provisions and regulations adopted by the commission requiring the use of nonlead projectiles or nonlead ammunition for the taking of all wildlife.

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

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

SECTION 1.  

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

3004.5.  

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

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

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

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

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

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

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(2) This subdivision shall not apply to wildlife taken in the
northern and north central regions as those regions are defined
by the department.

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(b)

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

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

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(c)

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

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

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(3) If the nonlead ammunition coupon program is implemented,
the commission shall issue a report on the usage and redemption
rates of ammunition coupons. The report shall cover calendar years
2008, 2009, and 2012. Each report shall be issued by June of the
following year.

(d) The commission shall issue a report on the levels of lead
found in California condors. This report shall cover calendar years
2008, 2009, and 2012. Each report shall be issued by June of the
following year.

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(e) The department shall notify those hunters who may be
affected by this section.

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

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

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(h) The commission shall promulgate regulations by July 1,
2015, that phase in the requirements of this section. The
requirements of this section shall be fully implemented statewide
by no later than July 1, 2019. If any of the requirements of this
section can be implemented practicably, in whole or in part, in
advance of July 1, 2019, the commission shall implement those
requirements. The commission shall not reduce or eliminate any
existing regulatory restrictions on the use of lead ammunition in
California condor range unless or until the additional requirements
for use of nonlead ammunition as required by this section are
implemented.

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

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(B) (i) No later than July 1, 2017, the director shall make
findings regarding the commercial availability of each type of
nonlead projectile and nonlead ammunition, as defined in Section
250.1 of Title 14 of the California Code of Regulations, and shall
publish these findings on the commission’s Internet Web site.

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(ii) If a type of nonlead projectile or nonlead ammunition is not
commercially available pursuant to the findings required by clause
(i), the commission shall exempt those types of lead projectiles
and lead ammunition from subdivision (b) and the regulations
adopted by the commission to implement that subdivision.

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

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