BILL ANALYSIS Ó AB 1097 Page 1 CONCURRENCE IN SENATE AMENDMENTS AB 1097 (Nestande) As Amended September 6, 2013 Majority vote ----------------------------------------------------------------- |ASSEMBLY: |75-0 |(May 9, 2013) |SENATE: |39-0 |(September 11, | | | | | | |2013) | ----------------------------------------------------------------- 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 AB 1097 Page 2 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 AB 1097 Page 3 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