BILL ANALYSIS �
AB 1097
Page 1
ASSEMBLY THIRD READING
AB 1097 (Nestande)
As Amended May 1, 2013
Majority vote
WATER, PARKS & WILDLIFE 15-0
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|Ayes:|Rendon, Bigelow, Allen, | | |
| |Blumenfield, Bocanegra, | | |
| |Dahle, Fong, Frazier, | | |
| |Beth Gaines, Gatto, | | |
| |Gomez, Gray, Patterson, | | |
| |Yamada, Bloom | | |
|-----+--------------------------+-----+--------------------------|
| | | | |
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SUMMARY : Requires the Mirage Trail within the Magnesia Spring
Ecological Reserve (Reserve) to be open to the public during the
months of May to January, inclusive, and closed for three months
during the months of February to April, inclusive, for recreational
hiking, if the Fish and Game Commission (FGC) makes specified
findings.
EXISTING LAW :
1)Provides for listing of threatened and endangered species under
federal and state law, and prohibits the taking of any species so
listed. Requires the Department of Fish and Wildlife (DFW) and
other state agencies to take steps to conserve species listed as
threatened or endangered. The Peninsular bighorn sheep has been
listed as endangered under the federal Endangered Species Act
since 1998 and under the California Endangered Species Act as a
threatened species since 2000.
2)Authorizes DFW, with approval of the FGC, to acquire, maintain and
manage lands for ecological reserves to protect threatened or
endangered species. Makes it unlawful for any person to enter
upon any ecological reserve except in accordance with FGC
regulations. Authorizes DFW 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 regulations.
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3)Designates the Magnesia Spring Ecological Reserve as an ecological
reserve established for the primary purpose of protecting
threatened or endangered species, including Peninsular bighorn
sheep. Prohibits any person from entering the Reserve from
January 1 to September 30, with exceptions for the Mirage Trail
and other designated trails as permitted by DFW.
4)Requires that the Mirage Trail within the Magnesia Spring
Ecological Reserve be kept open nine months of the year for
recreational hiking, if the FGC determines the following:
a) Local public agencies or other entities will assume complete
financial responsibility for fencing to dissuade hikers from
traversing beyond the trail and into sensitive Peninsular
bighorn sheep habitat, and for signage and educational
materials to educate hikers about Peninsular bighorn sheep; and
b) A single entity has been designated to fulfill the financial
arrangements and other terms and conditions determined
necessary by the FGC.
5)Authorizes the FGC to determine seasonal openings and closures of
the trail that will not conflict with use of the area by
Peninsular bighorn sheep, consistent with above provisions.
FISCAL EFFECT : None. This bill is keyed non-fiscal by the
Legislative Counsel.
COMMENTS : This bill relates to one specific hiking trail, known as
the Mirage Trail, located in the Magnesia Springs Ecological Reserve
in Riverside County. Legislation enacted last year, AB 880 (V.
Manuel P�rez), Chapter 527, Statutes of 2012, requires DFW to keep
the trail open to recreational hiking for nine months out of the
year, if the FGC finds certain conditions are met, including that a
local entity has assumed financial responsibility for fencing,
signage and education of the public necessary to protect the
Peninsular bighorn sheep for which the ecological reserve was set
up. AB 880 did not dictate which nine months of the year the trail
was required to be kept open, but left that detail to the discretion
of the FGC. This bill would specify in statute the precise months
of the year when the trail must be open to the public.
This bill and last year's AB 880 respond to local opposition to the
closure of a portion of the Mirage Trail, also known as the "Bump
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and Grind" trail, located within the Magnesia Spring Ecological
Reserve. The popular trail has been used by local residents for
many years. Portions of the trail were closed by DFW to protect
sensitive bighorn sheep habitat. The 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 DFW and Bureau of Land Management plan that
includes the Reserve, also indicates that to maintain viable habitat
for the bighorn sheep, public use must be tailored to ensure minimal
impacts.
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 DFW due to concerns about
impacts on the sheep several years ago, but the gates and signs
erected by DFW were destroyed by vandalism. A sturdier gate was
erected by CalFire crews in June 2011. DFW also installed security
cameras and increased warden patrols of the area at that time but
the security cameras were stolen. Before the new gate was
established 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 United States 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, the number of ewes remains below the value recommended
for down listing under the recovery plan, and slow population growth
remains a significant concern for recovery. The status review also
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noted the 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.
Analysis Prepared by : Diane Colborn / W., P. & W. / (916)
319-2096
FN:
0000329