BILL ANALYSIS Ó
AB 880
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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)
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|COMMITTEE VOTE: |9-2 |(August 28, 2012) |RECOMMENDATION: | concur |
|(W.,P. &W.) | | | | |
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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 nine 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 FGC.
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 :
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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 Department of Fish and Game (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 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,
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pursuant to Senate Rule 28.8, negligible state costs.
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 and 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 reevaluated at that time.
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Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN: 0005735