Request to Amend California Big Game Hunting Regulations for Wild Pig Take

Wild Boar, Seen on Cottontail Creek Road at dusk in the hills behind Cayucos, California. by Linda Tanner. Attribution (CC BY 2.0). A Case for Big Bore BB Devices as a Method of Take for Wild Pig in California by Colin Gallagher (Author of Petition 2021-007) SUBMITTED AS CONTRIBUTION TO: FISH AND GAME COMMISSION DEC. 14-15, 2022 PETITION 2021-007: REQUEST TO REVISE AUTHORIZED METHODS OF TAKE AND designation for wild pig

What is the relevant portion of Petition 2021-007 that should be adopted (finalized) by the Fish and Game Commission? The petition contains a variety of requests: "There should be rendered by the Commission an interpretation of Mammal Hunting Regulations 353. Methods Authorized for Taking Big Game subsection (c) so that it will be considered to be legal to utilize a BB device for hunting wild pig in California, so long as the BB device is at least .40 caliber in designation, or larger." "My second request is that the Commission alter the .40 caliber minimum designation formally to .30 minimum (whether for rifle centerfire, muzzleloader, or BB device) in 353(c)." "Alternatively, the Commission could make a change that would require .357 caliber minimum for BB devices to hunt wild boar (this would not alter any California lead free regulations), and clarify that hunting boar with centerfire cartridges with softnose or expanding projectiles of .30 caliber or greater in designation is permitted (lead free would still be required as the law currently requires if we are using centerfire rounds)." "My third request is distinct than my first and second and should be evaluated separately. This request is for an actual change, not an interpretation. This request, for a change in Mammal Hunting Regulations, is simply to remove wild pig (feral pigs, European wild pigs, and their hybrids (genus Sus)) from Big Game as defined in the Mammal Hunting Regulations at 350. I request that the Commission agendize this change for discussion then finalize the change. See also previous legislation on the matter from 2017 - 2018 (AB 2805): https://leginfo.legislature.ca.gov/faces/billStatusClient.xhtml?bill_id=201720180AB2805" The request was first submitted to the FGC on May 23, 2017, with engagement to the WRC and FGC on the subject annually thereafter, and a formal petition was submitted by Colin Gallagher to the FGC on May 10, 2021 with a Request to Correct Authority Cited (and request to waive 10 day response requirement) submitted on May 18, 2021. With California's SB 856 becoming law on Sept. 22, 2022, the remaining petition element not addressed by the law itself can be found in the sentence beginning with "Alternatively," which recommends "change that would require .357 caliber minimum for BB devices to hunt wild boar" and says lead free is required for centerfire.

What does this section of the Petition (2021-007) say, that Colin Gallagher is recommending be adopted by the Fish and Game Commission? The petition section that Colin Gallagher (the petition author of 2021-007) is recommending be adopted by the Fish and Game Commission reads as follows: "Alternatively, the Commission could make a change that would require .357 caliber minimum for BB devices to hunt wild boar (this would not alter any California lead free regulations), and clarify that hunting boar with centerfire cartridges with softnose or expanding projectiles of .30 caliber or greater in designation is permitted (lead free would still be required as the law currently requires if we are using centerfire rounds)." (The above petition section is from the petition as originally submitted, and is not new content.) Note: Authority cited in petition originally submitted to Commission: Sections 200, 203 and 265, Fish and Game Code, and in context of the proposal, note in particular Sections 200(a), 203(d), and 265 of Fish and Game Code. (Reference: Sections 2005, 2055, 3004.5 and 3950, Fish and Game Code.) Authority for Commission to enact changes to California Code of Regulations Title 14, Section 353 (for 14 CCR 353 subsection (c), 14 CA ADC 353 subsection (c))

What is a BB Device under California Law? Under California Law, a BB Device is defined as follows: Penal Code Section 16250 (a) As used in this part, BB device means any instrument that expels a projectile, such as a BB or a pellet, through the force of air pressure, gas pressure, or spring action, or any spot marker gun. (b) This section shall be operative on January 1, 2016. A "Big Bore" BB Device is not defined in California law, but rather could be understood to be larger bore BB Devices which can be used to hunt larger animals (such as wild pig). Note: BB Device law in California was changed by a law signed by the Governor on September 30, 2014. The bill was known as SB 199 (2013-2014), which deleted the 6mm restriction from the definition of a BB device. The link to the bill is below: https://leginfo.legislature.ca.gov/faces/billTextClient.xhtml?bill_id=201320140SB199 Los Angeles has additional BB Device restrictions which are mentioned below: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=GOV&sectionNum=53071.5. &article=4.&highlight=true&keyword=BB%20Device Fish and Game Code prohibitions on use of firearm, crossbow, bow and arrow, and other devices, also apply to BB devices with respect to game or waterfowl refuges: https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=FGC&sectionNum=10500.& article=1.&highlight=true&keyword=BB%20Device

What does SB 856 Say About This? Part of what SB 856 says is contained in its description, which reads, "This bill would revise and recast the provisions applicable to wild pigs by, among other things, specifying that the wild pig is not a game mammal or nongame mammal, but rather is an exotic game mammal, a term defined to include wild pigs, feral pigs, and wild boar." SB 856, in part, amended Section 3004.5 of the Fish and Game Code to read, "(b) Except as provided in subdivision (j), and as soon as is practicable as implemented by the commission pursuant to subdivision (i), 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, exotic game mammals, game birds, nongame birds, and nongame mammals, with anyfirearm." Because BB Devices are not firearms, SB 856 only requires nonlead ammunition for hunting with firearms, not for hunting with BB Devices as defined by California law (under Penal Code Section 16250). Indeed, the DFW's website states, "Are pellet rifles included in the lead ammunition ban? Since pellet rifles are not firearms, the use of lead projectiles in pellet rifles is not prohibited." It is within the FGC's authority therefore to determine if they (Fish and Game Commission) will approve of the method of take proposed by this petition (Petition 2021-007) and the FGC should approve the petition proposed.

Why is this being recommended? It is being recommended to the Fish and Game Commission that the additional method of take for wild pig be approved for different reasons, including those described in the petition: Rationale (quoted in part from petition originally submitted) "It is legal in many other States to hunt boar with what are called "big bore airguns," "to allow formally for flexibility of ammunition in the highly constrained market of lead-free products, ranging from .308 down to 7.62x39." Other reasons not specifically mentioned in the originally submitted Rationale: The ease of obtaining airguns, and the ability to obtain BB devices that are silent (without having to be limited by the ban on silencers in California, since integrally silenced BB devices are not firearms and thus are not treated as an NFA (National Firearms Act) devices either, means that a good hunter using an integrally silenced BB device can take two or more shots without alarming an entire sounder, giving the hunter more time. Finally, adding larger bore BB devices (.357 or higher) as a method of take for wild pig would provide new flexibility of ammunition since lead-free restrictions are not applicable to BB devices. This is also part of modernizing hunting and helping to bring in new and different types of hunters, including younger hunters who may not be as interested in some traditional hunting tools.

Is there anything else to consider (materials, technical, environmental considerations, other)? Fish and Game Code Section 200: (a) There is hereby delegated to the commission the power to regulate the taking or possession of birds, mammals, fish, amphibians, and reptiles. Fish and Game Code Section 203: Any regulation of the commission pursuant to this article relating to resident game birds, game mammals and fur-bearing mammals may apply to all or any areas, districts, or portions thereof, at the discretion of the commission, and may do any or all of the following as to any or all species or subspecies: (d) Prescribe the manner and means of taking. One manufacturer, LeHigh, makes a 0.50 caliber copper slug for BB devices, however, this is perpetually out of stock and there are not sizes made for big bore BB devices (in 0.357 or 0.457). The 0.50 caliber copper slug appears to be made only for BB devices in 0.510. This is at: https://lehighdefense.com/our-technologies/controlled-fracturing.html?all_firearm_type=2864 The EcoSlug is even more limited as not only is it frequently out of stock for sometimes months at a time but it only is suitable for specific types of airguns - the EcoSlug is designed specifically for the Seneca / Sam Yang Dragon Claw .50 caliber. EcoSlug page: http://www.eco-slug.com/orderpellets.htm Finally, based on observations in the field from those who have used these lead free pellets or slugs with BB devices (and who have documented their experience), their report produces a loud crack, and so apart from the issue of having to clean tin fragments out of a barrel (a problem unique to lead free pellets or slugs), the noise is generally considered to be louder than a standard lead slug. More noise generated is less advantageous to a hunter. The Commission should therefore adopt the proposal without restriction on the type of slug or type of BB device since as technology advances (and as more ecological slug types enter the market), hunters using BB devices will adopt and adapt new available technology to their use.

Thank you to the Fish and Game Commission, Department of Fish and Wildlife, and staff for your review of the proposal. - Colin Gallagher, author of Petition 2021-007 Supplemental information: Video of a hunt with an airgun (BB Device) in another state: https://www.youtube.com/watch?v=tWtGkCpMT3c