BILL ANALYSIS �
AB 1097
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 1097 (Nestande)
As Amended September 6, 2013
Majority vote
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|ASSEMBLY: |75-0 |(May 9, 2013) |SENATE: |39-0 |(September 11, |
| | | | | |2013) |
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Original Committee Reference: W., P. & W.
SUMMARY : Requires the Mirage Trail within the Magnesia Spring
Ecological Reserve to be open for recreational hiking for nine
months of the year during the months of May to January, and
closed for three months during the months of February to April,
if the Fish and Game Commission (FGC) determines certain
specified conditions are met.
The Senate amendments :
1)Provide that the Mirage Trail shall be required to remain open
for recreational hiking for the nine months of the year from
May through January, and closed for the months of February to
March, only if the entity designated to assume financial
responsibility for fencing, signage and public education, has
also committed to expend at least $100,000 by January 1, 2018,
to monitor the Peninsular bighorn sheep, consistent with the
Coachella Valley Multiple Species Habitat Conservation Plan.
2)Clarify that the single entity designated to assume financial
responsibility for fencing, signage, public education and
monitoring may be a local entity or other nonstate entity.
3)Delete language in existing law requiring the FGC to determine
seasonal openings and closures of the trail that will not
conflict with the use of the area by the Peninsular bighorn
sheep.
EXISTING LAW :
1)Provides for listing of threatened and endangered species
under federal and state law, and prohibits the take of any
species so listed. Requires the Department of Fish and
Wildlife (DFW) and other state agencies to take steps to
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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.
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 Magnesia Spring Ecological 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 to
recreational hiking, if the FGC determine 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 : According to the Senate Appropriations
Committee, annual costs of $100,000 to $500,000 from non-state
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funds from 2014 to 2019 for an assessment of the impact of the
open period on the Peninsular bighorn sheep.
COMMENTS : The Mirage Trail is a popular hiking trail located
partially within the Magnesia Spring Ecological Reserve, which
was established for the purpose of protecting Peninsular bighorn
sheep, a threatened and endangered species. The trail was
closed by the DFW in order to protect sensitive bighorn sheep
lambing grounds within the Magnesia Spring Ecological Reserve.
Legislation enacted in 2012 required the trail to be kept open
for nine months out of the year if the FGC made certain findings
regarding the commitment of a local entity to cover the costs of
fencing, signage and education of the public, and required the
FGC to determine the precise times and seasons of the year the
trail would be open or closed that would not conflict with the
use of the area by the bighorn sheep.
This bill as passed by the Assembly required that the trail be
kept open for the months of May through January, inclusive, for
hiking, and closed from February to April, rather than leaving
that decision to the FGC. The Senate amendments added a
condition that the entity assuming financial responsibility
commit to expend at least $100,000 by January 1, 2018, to
monitor the Peninsular bighorn sheep consistent with the
Coachella Valley Multiple Species Habitat Conservation Plan.
Analysis Prepared by : Diane Colborn / W., P. & W. /
(916)319-2096
FN: 0002644