AMENDED IN ASSEMBLY APRIL 19, 2010AMENDED IN ASSEMBLY APRIL 5, 2010
california legislature
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2009
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10 regular session
ASSEMBLY BILL No. 2223
Introduced by Assembly Member Nava
February 18, 2010An act to add Section 3004.7 to the Fish and Game Code, relating towildlife.
legislative counsel
’
s digest
AB 2223, as amended, Nava. Wildlife management areas: nontoxicshot.The Ridley-Tree Condor Preservation Act requires the use of nonleadcenter
f
re ri
e and pistol ammunition when taking big game and coyotewithin speci
f
ed areas. Existing law generally provides that a violationof the
f
sh and game laws is a crime.This bill
, commencing July 1, 2011,
would prohibit the possession oruse of any shotgun shell loaded with anything other than nontoxic shot,as de
f
ned, when taking migratory game birds, resident small game, ornongame species under the authority of a hunting license within awildlife management area, as de
f
ned. Under the bill, a person whoviolates that requirement
prohibition
would be guilty of an infractionpunishable by a $500
f
ne for the
f
rst offense. Because the act wouldcreate a new crime, this bill would create a state-mandated localprogram.The California Constitution requires the state to reimburse localagencies and school districts for certain costs mandated by the state.Statutory provisions establish procedures for making that reimbursement.
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This bill would provide that no reimbursement is required by this actfor a speci
f
ed reason.
Vote: majority. Appropriation: no. Fiscal committee: yes.State-mandated local program: yes.
The people of the State of California do enact as follows:
1234567891011121314151617181920212223242526272829303132SECTION 1. (a) California
’
s system of wildlife managementareas, as de
f
ned in subdivision (d) of Section 1504 of the Fishand Game Code, protect
protects
over 627,000 acres of the state
’
smost important wildlife habitat and host
hosts
many species thatare listed as threatened, endangered, or fully protected under statelaw. Wildlife management areas are virtual islands of habitat thatserve as magnets to wildlife and human visitors with excellentwildlife viewing, and
f
shing and hunting opportunities.(b) Wildlife management areas should be managed in accordancewith the highest standards of wildlife management.(c) Nationally, lead poisoning of waterfowl and the Bald Eagleresulted in a 1991 federal ban on the use of lead shot in allwaterfowl and coot hunting areas, including state wildlifemanagement areas.(d) Twenty-
f
ve states have lead shot prohibitions for huntingbeyond those required by the federal government for waterfowl.(e) Lead poisoning has been observed in 37 species of birdsbeyond waterfowl with adverse impacts on mourning doves beingespecially acute.(f) Hunting is a valued tradition in California and hunters playa critical role in wildlife management and conservation, particularlyin funding for wildlife conservation generated through licensesales and excise taxes on sporting equipment.(g) California
’
s
f
sh and wildlife resources are held in trust forthe common good of all the people of California.(h) Allowing the continued use of lead shot ammunitioncurrently used in hunting small game and game birds in wildlifemanagement areas is inconsistent with best practices for suchmanagement.(i) It is, therefore, the intent of the Legislature to eliminate theuse of lead shot for the purposes of shooting or hunting in wildlifemanagement areas.
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AB 2223
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