BILL ANALYSIS Ó
AB 284
Page 1
Date of Hearing: January 10, 2012
ASSEMBLY COMMITTEE ON WATER, PARKS AND WILDLIFE
Jared Huffman, Chair
AB 284 (Nestande) - As Amended: January 4, 2012
SUBJECT : Ecological Reserves: Mirage Trail
SUMMARY : Mandates the Department of Fish and Game (DFG) open
the Mirage Trail within the Magnesia Spring Ecological Reserve
to hiking and biking recreational activities.
EXISTING LAW :
1)Provides for the listing of threatened and endangered species
under both federal and state law, and prohibits the take of
any species so listed. Requires DFG and other state agencies
to take steps to conserve species listed as threatened or
endangered. The Peninsular Bighorn Sheep has been listed as an
endangered species under the federal Endangered Species Act
since 1998 and under the California Endangered Species Act as
a threatened species since 2000.
2)Prohibits the take or possession of any fully protected
species, including Bighorn Sheep.
3)Authorizes DFG, with approval of the Fish and Game Commission
(FGC), to acquire, maintain and manage lands for the purpose
of establishing ecological reserves to protect threatened or
endangered species. Makes it unlawful for any person to enter
upon any ecological reserve except in accordance with the
regulations of the FGC. Authorizes DFG to designate areas
within ecological reserves for trails, and to provide for
added protection for species as necessary, and allows only
such public use and entry as are compatible with the primary
purpose of the reserve and subject to FGC rules and
regulations.
4)Designates the Magnesia Spring Ecological Reserve as an
ecological reserve established for the primary purpose of
providing protection for threatened or endangered species,
including specifically the Peninsular Bighorn Sheep.
Prohibits any person from entering the Magnesia Spring
Ecological Reserve during the period from January 1 to
September 30, except on designated trails as permitted by DFG.
AB 284
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FISCAL EFFECT : Unknown
COMMENTS : The author has introduced this bill in response to
local opposition to the closure of a portion of the Mirage
Trail, also known as the "Bump and Grind" trail, located within
the Magnesia Spring Ecological Reserve. The trail is a popular
trail that has been used by local residents for many years. The
author references the Coachella Valley Multiple Species Habitat
Conservation Plan which was drafted in 2007 to protect bighorn
sheep and other threatened species, and notes that the plan
called for a study to see how trail use affects bighorn sheep.
The author asserts that the study should be completed before the
trail, or any portion of the trail, is closed to hikers.
The Magnesia Spring Ecological Reserve was acquired by the state
in 1975 with environmental license plate funds as part of a
larger reserve of critical habitat for Bighorn Sheep. The
portion of the Reserve where the trail segment in question is
located was purchased in 1986. The Reserve remains essential
habitat under the Recovery Plan for Bighorn Sheep in the
Peninsular Range. The Reserve is located on the desert slope of
the Santa Rosa Mountains above the communities of Rancho Mirage
and Palm Desert. The primary purpose of the Reserve is to
rehabilitate and maintain habitat for Bighorn Sheep around
Magnesia Spring. Under the Wildlife Management Plan for the
Reserve, Bighorn Sheep are to receive priority over other
conflicting uses. The Santa Rosa Mountains Wildlife Habitat
Management Plan, a joint DFG/Bureau of Land Management (BLM)
plan that includes the Reserve area, also indicates that to
maintain viable habitat for the Bighorn Sheep public use must be
tailored to insure minimal impacts.
The terminus of the Mirage Trail encroaches on an important
lambing area within the Reserve. Lambing areas are habitat
essential for ewes and their lambs to survive during the first
few months of birth. Insufficient lamb recruitment rate has been
identified as one of the key reasons for endangerment of the
sheep, and lambing success is known to be impacted by human
disturbance. The upper portion of the trail was first closed by
DFG due to concerns about impacts on the sheep several years
ago, but the gates and signs erected by DFG were destroyed by
vandals. A sturdier gate was erected this summer by CalFire
AB 284
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crews. Before the new gate was established in June 2011 an
estimated 100-200 people per day walked to the terminus of the
Mirage trail despite the closure of the Reserve from January to
June.
While the 2007 Coachella Valley Multiple Species Habitat
Conservation Plan (MSHCP) referenced by the author did call for
a study on the effects of trail use on Bighorn Sheep and the
development of a trails management program, the Plan also calls
for additional actions to be taken separate from the Trails Plan
and prior to issuance of any take permits. Those additional
actions include, specifically, closure of the upper portion of
the Mirage Trail (see page ES-27 of Coachella Valley MSHCP).
Closure of the upper portion of the Mirage Trail is thus an
assumed part of the baseline for the trail plan described in the
MSHCP.
According to DFG, a draft trail management plan developed in
2005 was objected to by the public and DFG and USFWS biologists
were then tasked with developing an alternative trails plan at
that time. The result was a project which sought to balance the
desire for public access with the need for protection of the
sheep by creating a new loop trail in areas of less impact, and
mitigating for the impact with the permanent closure of the last
half mile of the Mirage Trail. That plan was adopted in 2006.
Since then, several gates have been constructed at the point of
closure of the upper Mirage Trail, but the gates and signs have
been vandalized and ignored. After the sturdier gate was
constructed this past June by CalFire crews, DFG also installed
security cameras and increased warden patrols of the area. The
security cameras were stolen and vandalized. Staff from the
Santa Rosa and San Jacinto Monuments have also been conducting
public outreach to educate the public since that time.
Earlier this year a status review update on the Peninsular
Bighorn Sheep was completed by the U.S. Fish and Wildlife
Service. The review concluded that the species continues to be
endangered throughout its range and no change in endangered
status was recommended. The review noted that while the number
of sheep has increased in 12 years from 335 to 981 animals, the
number of ewes remains below the value recommended for down
listing under the recovery plan, and the population growth has
been slow which remains a significant concern for recovery. The
status review also noted that the seven primary threats
identified when the species was listed all continue to impact
AB 284
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the species, including human disturbance and insufficient lamb
recruitment. The report notes that negative effects from trails
and recreational uses continues to increase, but that management
actions are attempting to control threats through various means
such as closing trails seasonally. It should also be noted that
the northern Santa Rosa Mountains herd consists of only 65
sheep. In 2011, 23 lambs were born to the herd of which only 5
survived.
Public Policy Implications: A public policy issue raised by
this bill which the committee may wish to consider is the
following: Should the Legislature, having given DFG lead
responsibility for management of lands for the conservation and
recovery of endangered species, including management of
ecological reserves set aside for the primary purpose of
protecting such species, now intervene and substitute its
judgment or biological expertise for that of the Department's in
cases where such management decisions prove to be locally
unpopular?
Proposed Amendments : If the committee elects to approve this
bill, the author has requested an amendments to add the word
"entire," thereby requiring that DFG open the "entire" Mirage
Trail within the Magnesia Spring Ecological Reserve to hiking
and biking recreational activities.
REGISTERED SUPPORT / OPPOSITION :
Support
None on file.
Opposition
None on file.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096