Amended in Assembly May 1, 2013

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 Sections 700 andend deletebegin insert Sectionend insert 1587 of the Fish and Game Code, relating to fish and wildlife.


AB 1097, as amended, Nestande. begin deleteDepartment of Fish and Wildlife: primary function. end deletebegin insertFish 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 insertExistingend 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 thebegin delete commissionend deletebegin insert Fish and Game Commissionend 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 deleteP2    1


Section 700 of the Fish and Game Code is amended
2to 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) When the term “Department of Fish and Game” appears in
12a law, that term means the “Department of Fish and Wildlife.”

13(d) Existing supplies, forms, insignias, signs, logos, uniforms,
14or emblems shall not be destroyed or changed as a result of
15changing the name of the Department of Fish and Game to the
16Department of Fish and Wildlife, and those materials shall continue
17to be used until exhausted or unserviceable.

end delete

begin deleteSEC. 2.end delete
19begin insertSECTION 1.end insert  

Section 1587 of the Fish and Game Code is
20amended to read:



(a) The Mirage Trail within the Magnesia Spring
22Ecological Reserve shall be open nine months of the year during
23the months of May to January, inclusive, and closed for three
24months during the months of February to April, inclusive, to
25recreational hiking, if the commission determines that all of 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).

37(b) The commission shall determine seasonal openings and
38closures of the trail that will not conflict with the use of the area
39by Peninsular bighorn sheep, consistent with subdivision (a).

P3    1(c) This section shall remain in effect only until January 1, 2018,
2and as of that date is repealed, unless a later enacted statute, that
3is enacted before January 1, 2018, deletes or extends that date.