BILL ANALYSIS Ó
AB 880
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 880 (Nestande and V. Manuel Pérez)
As Amended August 6, 2012
Majority vote
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|ASSEMBLY: | |(May 31, 2011) |SENATE: |37-0 |(August 23, |
| | | | | |2012) |
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(vote not relevant)
Original Committee Reference: NAT. RES.
SUMMARY : Requires the Mirage Trial in the Magnesia Springs
Ecological Reserve in Coachella Valley to be open nine months of
the year to recreational hiking if the Fish and Game Commission
(FGC) makes certain findings.
The Senate amendments delete the Assembly version of this bill,
and instead:
1)Require the Mirage Trail in the Magnesia Spring Ecological
Reserve to be open 9 months of the year for recreational
hiking if the FGC determines the following conditions are met:
a) Local agencies or other entities will assume complete
financial responsibility for fencing, signage and
educational material on bighorn sheep.
b) A single entity is designated to fulfill the financial
arrangements and other conditions as determined by the
Commission.
2)Authorize the FGC to determine seasonal openings and closures
of the trail that will not conflict with sheep use of the
area.
3)Sunset this bill on January 1, 2018.
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
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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.
AS PASSED BY THE ASSEMBLY , this bill required certain state and
local government agencies to perform an environmental analysis
of the reasonably foreseeable methods of compliance at the time
of the adoption of a rule or regulation requiring the
installation of pollution control equipment or compliance with a
performance standard or treatment requirement, including a rule
or regulation that requires the installation of pollution
control equipment or other direct emission reduction, or
compliance with a performance standard or treatment requirement
adopted pursuant to the California Global Warming Solutions Act
of 2006. This bill would also have revised the circumstances
under which a focused environmental impact report may be used
for a project.
FISCAL EFFECT : According to the Senate Appropriations
Committee, pursuant to Senate Rule 28.8, negligible state costs.
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COMMENTS : This bill was substantially amended in the Senate and
the Assembly approved provisions of this bill were deleted. The
current language of this bill is similar to language contained
in AB 284 (Nestande) which was introduced in 2011 and failed to
pass the Assembly policy committee before the house of origin
deadline. After AB 284 was held in the Assembly policy
committee, the language of AB 284 was amended into this bill in
the Senate. As initially proposed, the language would have
mandated that DFG open the Mirage Trail within the Magnesia
Spring Ecological Reserve to hiking and biking recreational
activities. A compromise was negotiated in the Senate policy
committee and this bill as currently drafted now requires the
trail to be open to hiking during nine months of the year if the
FGC determines that certain conditions are met, including that
the trail is open during times that will not conflict with the
bighorn sheep use of the area, and that the costs of fencing
needed to dissuade hikers from traversing beyond the trail into
sensitive bighorn sheep habitat, and signage and educational
materials regarding the sheep, are paid for by non-state
entities.
This bill responds 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. Portions of the trail were closed by
DFG to protect sensitive bighorn sheep habitat. 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.
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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
vandalism. A sturdier gate was erected by CalFire crews in June
of 2011. DFG also installed security cameras and increased
warden patrols of the area at that time but the security cameras
were stolen and vandalized. 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.
In 2011 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 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 five
survived.
This bill as amended seeks to balance the desire of the public
for recreational hiking access to the trail with the needs of
the sheep by requiring that the trail be open nine months of the
year if the FGC determines that the costs of fencing, signage
and educational materials are covered, and by authorizing FGC to
determine seasonal openings and closures of the trail that will
not conflict with sheep use of the area. This bill also
includes a five year sunset clause so that the issue can be
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reevaluated at that time.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0004662