Current through Register 2024 Notice Reg. No. 38, September 20, 2024
(a) Purpose. This regulation phases in the
requirements of Fish and Game Code Section
3004.5,
which prohibits the use of any lead projectiles or ammunition containing lead
projectiles when taking any wildlife with a firearm on or after July 1,
2019.
(b) Definitions.
(1) A projectile is any bullet, ball, sabot,
slug, buckshot, shot, pellet or other device that is expelled from a firearm
through a barrel by force.
(2)
Nonlead ammunition is any centerfire, shotgun, muzzleloading, or rimfire
ammunition containing projectiles certified pursuant to subsection (b)(3) or
subsection (f).
(3) Shotgun
ammunition containing pellets composed of materials approved as nontoxic by the
U.S. Fish and Wildlife Service, as identified in Section
507.1 of these regulations, is
considered certified.
(4) A nonlead
projectile shall contain no more than one percent lead by weight, as certified
pursuant to subsection (b)(3) or subsection (f).
(c) General Provisions.
(1) Except as otherwise provided in this
section, it is unlawful to possess any projectile containing lead in excess of
the amount allowed in subsection (b)(4) and a firearm capable of firing the
projectile while taking or attempting to take wildlife.
(2) The possession of a projectile containing
lead in excess of the amount allowed in subsection (b)(4) without possessing a
firearm capable of firing the projectile is not a violation of this
section.
(3) Nothing in this
section is intended to prohibit the possession of concealable firearms
containing lead ammunition, provided that the firearm is possessed for personal
protection and is not used to take or assist in the take of
wildlife.
(d) Phased
Approach to Prohibit the Use of Lead Ammunition for the Take of Wildlife. The
use of lead projectiles is authorized until the effective dates described in
subsections (d)(1), (d)(2), and (d)(3).
(1)
Effective July 1, 2015, it shall be unlawful to use, or possess with any
firearm capable of firing, any projectile(s) not certified as nonlead when
taking:
(A) Nelson bighorn sheep as
authorized by Fish and Game Code Section
4902;
or
(B) All wildlife in any wildlife
area or ecological reserve, as described in sections
551,
552 and
630 of these
regulations.
(2)
Effective July 1, 2016, it shall be unlawful to use, or possess with any
shotgun capable of firing, any projectile(s) not certified as nonlead as
described in subsection (b)(3) when taking:
(A) Upland game birds as included in Fish and
Game Code Section
3683,
except for dove, quail, snipe, and any game birds taken under the authority of
a licensed game bird club as provided for in sections
600 and
600.4 of these
regulations;
(B) Resident small
game mammals as defined in Section
257 of these
regulations;
(C) Fur-bearing
mammals as defined by Fish and Game Code Section
4000;
(D) Nongame mammals as defined by Fish and
Game Code Section
4150;
(E) Nongame birds as defined by Fish and Game
Code Section
3800;
or
(F) Any wildlife for depredation
purposes, regardless of whether the take is authorized by a permit issued
pursuant to sections
401 or
402 of these
regulations.
(3)
Effective July 1, 2019, it shall be unlawful to use, or possess with any
firearm capable of firing, any projectile(s) not certified as nonlead when
taking any wildlife for any purpose in this state.
(e) Condor Range. [This subsection shall be
repealed effective July 1, 2019]
Methods of take. Notwithstanding subsection (c)(3), it is
unlawful to use, or possess with any firearm capable of firing, any projectile
or ammunition containing any projectile not certified as nonlead when taking or
attempting to take any big game as defined in section
350, nongame birds, or nongame
mammals, in the area defined as the "California condor range" in subsection (a)
of Fish and Game Code Section
3004.5.
(f) Nonlead Projectile and Ammunition
Certification Process.
(1) Any person or
manufacturer requesting to have their projectile(s) or ammunition certified as
nonlead shall submit the information identified in subsection (2) below to the
Department of Fish and Wildlife's Wildlife Branch in Sacramento. The department
shall certify or reject the request within 60 business days of
receipt.
(2) Information required
for consideration of certification:
(A) Name
of manufacturer of projectile or ammunition, address, and contact
information;
(B) For projectile
certifications, information shall include the following: caliber, weight in
grains, product trade name or marketing line (if established), product or
catalog number (SKUs or UPCs are acceptable), composition, percent content of
lead by weight, and detailed unique identifying characteristics;
(C) For ammunition certifications,
information shall include the following: caliber, cartridge designation, weight
in grains of the projectile, product trade name or marketing line (if
established), product or catalog number (SKUs or UPCs are acceptable),
composition of projectile, percent content of lead by weight of projectile,
detailed unique identifying characteristics of the projectile, and any unique
identifying characteristics of the cartridge;
(D) Signed statement verifying all
information provided is accurate; and
(E) Digital color image of the projectile(s)
or ammunition.
(3) The
department shall determine, based on the information supplied, whether the
projectile contains no more than one percent of lead by weight.
(4) The department shall update the list of
certified projectiles and ammunition not less than once annually and make it
available on the department's web site.
(5) The department shall decertify and remove
from the list any projectile(s) or ammunition it determines does not meet the
standards set forth in this section.
1. New
section filed 6-26-2015; operative 7-1-2015 pursuant to Government Code section
11343.4(b)(4)(A)
(Register 2015, No. 26).
2. Change without regulatory effect
amending NOTE filed 8-8-2019 pursuant to section
100, title 1, California Code of
Regulations (Register 2019, No. 32).
Note: Authority cited: Sections
200,
203,
265 and
3004.5,
Fish and Game Code. Reference: Sections
110,
200,
203,
203.1,
265,
2055,
3004.5,
3683,
3800,
4000,
4150
and
4902,
Fish and Game Code.
