Amended in Assembly March 14, 2013

California Legislature—2013–14 Regular Session

Assembly BillNo. 1097

Introduced by Assembly Member Nestande

February 22, 2013

An act to amendbegin delete Section 700end deletebegin insert Sections 700 and 1587end insert of the Fish and Game Code, relating to fish andbegin delete gameend deletebegin insert wildlifeend insert.


AB 1097, as amended, Nestande. Department of Fish and Wildlife: primary function.

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end delete

begin insert(1)end insertbegin insertend insertbegin insertExistingend insert law establishes the Department of Fish and Wildlife in the Natural Resources Agency.

This bill would state that the primary function of the department is to provide services to persons who fish and hunt in the state.

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(2) Existing law requires, until January 1, 2018, that the Mirage Trail within the Magnesia Spring Ecological Reserve be open 9 months of the year to recreational hiking, if the commission determines that specified conditions are met.

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This bill would specify the 9 months of the year that the trail would be open as May to January, inclusive, and the 3 months that the trail would be closed as February to April, inclusive.

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Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1


Section 700 of the Fish and Game Code is
2amended to read:



(a) There is in the Natural Resources Agency a
4Department of Fish and Wildlife administered through the director.
5The primary function of the department is to provide services to
6persons who fish and hunt in the state.

7(b) The Department of Fish and Wildlife shall succeed to, and
8is vested with, all the duties, powers, purposes, responsibilities,
9property, and jurisdiction previously vested in the Department of
10Fish and Game.

11(c) begin deleteWhenever end deletebegin insertWhen end insertthe term “Department of Fish and Game”
12appears in a law,begin delete theend deletebegin insert thatend insert term means the “Department of Fish and

14(d) begin deleteNo existing end deletebegin insertExisting end insertsupplies, forms, insignias, signs, logos,
15uniforms, or emblems shallbegin insert notend insert be destroyed or changed as a result
16of changing the name of the Department of Fish and Game to the
17Department of Fish and Wildlife, and those materials shall continue
18to be used until exhausted or unserviceable.

19begin insert

begin insertSEC. end insertbegin insert2end insertbegin insert.end insert  

end insert

begin insertSection 1587 of the end insertbegin insertFish and Game Codeend insertbegin insert is amended
20to read:end insert



(a) The Mirage Trail within the Magnesia Spring
22Ecological Reserve shall be open nine months of the yearbegin insert during
23the months of May to January, inclusive,end insert
begin insert and closed for three
24months during the months of February to April, inclusive,end insert
25recreational hiking, if the commission determines thatbegin insert all ofend insert the
26following conditions are met:

27(1) Local public agencies or other entities will assume complete
28financial responsibility for the following as determined to be
29necessary by the commission:

30(A) Fencing to dissuade hikers from traversing beyond the trail
31and into sensitive Peninsular bighorn sheep habitat.

32(B) Signage and educational materials to educate hikers about
33Peninsular bighorn sheep.

34(2) A single entity has been designated to fulfill the financial
35arrangements and other terms and conditions determined by the
36commission to be necessary pursuant to paragraph (1).

P3    1(b) The commission shall determine seasonal openings and
2closures of the trail that will not conflict with the use of the area
3by Peninsular bighorn sheep, consistent with subdivision (a).

4(c) This section shall remain in effect only until January 1, 2018,
5and as of that date is repealed, unless a later enacted statute, that
6is enacted before January 1, 2018, deletes or extends that date.