Amended in Assembly May 1, 2013

Amended in Assembly March 14, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 1097

Introduced by Assembly Member Nestande

February 22, 2013

An act to amend begin delete Sections 700 and end delete begin insert Section end insert 1587 of the Fish and Game Code, relating to fish and wildlife.

LEGISLATIVE COUNSEL’S DIGEST

AB 1097, as amended, Nestande. begin delete Department of Fish and Wildlife: primary function. end delete begin insert Fish and Game Commission: Mirage Trail. end insert

begin delete

(1) Existing law establishes the Department of Fish and Wildlife in the Natural Resources Agency.

end delete begin delete

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

end delete begin delete

(2) Existing

end delete

begin insert Existing end insert 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 begin delete commission end delete begin insert Fish and Game Commission end insert determines that specified conditions are met.

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.

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

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

begin delete

SECTION 1.  

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

700.  

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

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

(c) When the term “Department of Fish and Game” appears in
a law, that term means the “Department of Fish and Wildlife.”

(d) Existing supplies, forms, insignias, signs, logos, uniforms,
or emblems shall not be destroyed or changed as a result of
changing the name of the Department of Fish and Game to the
Department of Fish and Wildlife, and those materials shall continue
to be used until exhausted or unserviceable.

end delete

begin delete SEC. 2. end delete
begin insert SECTION 1. end insert   

Section 1587 of the Fish and Game Code is
amended to read:

1587.  

(a) The Mirage Trail within the Magnesia Spring
Ecological Reserve shall be open nine months of the year during
the months of May to January, inclusive, and closed for three
months during the months of February to April, inclusive, to
recreational hiking, if the commission determines that all of the
following conditions are met:

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

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

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

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

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

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