MINUTES OF THE SENATE COMMITTEE ON NATURAL RESOURCES Sixty-eighth Session January 30, 1995 The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 1:30 p.m., on Monday, January 30, 1995, in Room 224 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. COMMITTEE MEMBERS PRESENT: Senator Dean A. Rhoads, Chairman Senator Lawrence E. Jacobsen, Vice Chairman Senator Mark A. James Senator Mike McGinness Senator Ernest E. Adler Senator John B. (Jack) Regan Senator O. C. Lee STAFF MEMBERS PRESENT: Fred Welden, Chief Deputy Research Analyst, Legislative Counsel Bureau Billie Brinkman, Committee Secretary OTHERS PRESENT: Helen Leveille, President, Nevada Public Land Access Coalition, Inc. Joe Guild, Lobbyist, Nevada Cattlemen's Association Joe Johnson, Representative, Coalition For Nevada's Wildlife Richard D. Drake, Rancher, Knott Creek Ranch Larry Johnson, Representative, Nevada Bighorns Unlimited Elsie Dupree, Representative, Nevada Wildlife Federation Frenchy Montero, Owner, Leonard Creek Ranch Willie Molini, Administrator, Division of Wildlife Fred Wright, Concerned Citizen Stephanie D. Licht, Secretary/Treasurer, Nevada Wool Growers Association Doug Busselman, Executive Vice President, Nevada Farm Bureau Federation Chairman Rhoads announced there were four bill draft requests (BDRs) to be presented for committee introduction. He indicated he would read all the summaries and then asked for action at one time. BDR R-995: Urges Federal Government to adhere to states' laws governing use, allocation, management and protect of water. BDR 30-997: Revises provisions governing eligibility of certain purveyors of water to receive grants for making capital improvements to publicly owned water systems. BDR R-999 Urges Congress to approve California-Nevada Interstate Compact. BDR R-1000 Urges Congress to investigate utility of importing water to Nevada from sources outside Nevada. SENATOR JAMES MOVED FOR COMMITTEE INTRODUCTION OF BDR R- 995, BDR 30-997, BDR R-999 and BDR R-1000. SENATOR LEE SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR ADLER WAS ABSENT FOR THE VOTE.) ***** Chairman Rhoads informed the committee members he would like to request a BDR which would encourage the position of the United States Geological Survey (USGS) in Nevada. He said during a recent meeting with the director of the Nevada Department of Conservation, he learned of a proposal by Congress to eliminate the USGS, which works hand in hand with the state water engineer of Nevada. Chairman Rhoads indicated there is a movement by Congress to put the USGS under the supervision of the Department of Environmental Protection. He said the Water Commission in the western states has expressed concern about moving the position of the USGS. Senator Rhoads asked for a motion from the committee to request a BDR which would indicate Nevada's desire to retain the USGS in its present location. SENATOR JAMES MOVED FOR A COMMITTEE REQUEST OF A BDR AGAINST THE ELIMINATION OF THE USGS IN NEVADA. SENATOR JACOBSEN SECONDED THE MOTION. THE MOTION CARRIED. (SENATOR ADLER WAS ABSENT FOR THE VOTE.) ***** Chairman Rhoads opened the hearing on Senate Bill (S.B.) 46. SENATE BILL 46: Repeals prospective expiration of provisions authorizing issuance of deer or antelope tags as compensation for damage to private property. Chairman Rhoads gave an overview of the bill which repeals the "sunset" on the act which became effective March 1, 1992. He then invited public testimony. Richard D. Drake, Rancher, Knott Creek Ranch, indicated he would like to see an amendment which would allow the property owner to set their own 30-day hunting season. Joe Johnson, Representative, Coalition for Nevada's Wildlife, came forward and introduced Larry Johnson, Representative, Nevada Bighorns, Unlimited. Mr. Johnson said the organization he represents wholeheartedly supports S.B. 46, and agrees with lifting the "sunset" which would take effect June 30, 1995. He said the law has been extremely successful. Mr. Johnson said they see two areas of improvement since the act became effective: (1) that to date the depredation deer hunts have been completely eliminated; and (2) an improvement in attitude of ranchers toward wildlife. He remarked the wildlife is no longer the enemy. But with the passage of this act which became effective March 1, 1992, a methodology of compensation was introduced by which damage by wildlife to ranchers' property could be reimbursed. Mr. Johnson stated there are some issues in the existing legislation that he thought could be adequately handled by regulation through his department rather than attempting to amend the language in the bill. One of the issues deals with land owner access. And the other issue is a clearer definition of "cultivated" crops. He said this act is a "great success story" and his organization wholeheartedly supports S.B. 46. Mr. Johnson said these two items outlined will be discussed by the commission subcommittee and will hopefully be entered into regulation. Mr. Johnson referred to the testimony given by Richard Drake in which he requested that an option be allowed ranchers which would be consistent with the original wording of the bill. In the 1993 Legislative Session, the bill was reworked to state the ranchers who are issued tags could utilize those tags throughout the entire management tag area, not just on their private lands. Therefore, it was restricted to the normal season for that certain species in that certain management area. The option was necessary so the rancher could "move around." At the same time there could be instances in the state where the original draft may be more appropriate. Maybe the rancher could be allowed to hunt only on his private land, but then establish a 30-day season off the end of the regular season or within a 6- month period. Mr. Johnson said Fred Wright, Concerned Citizen, had prepared wording for such an amendment and he requested it be entered in the record: May be used during the open season for the species for which the tag is issued; or May be used on the private lands wherein damage occurred pursuant to regulations adopted by the commission. Mr. Johnson commented that in talking with the Division of Wildlife, he inquired if such wording would have a biological impact to the [deer] herd. He said he was informed it would not. He was told it would give the rancher additional latitude in marketing the [deer] tag and in some areas, make the tag more valuable. Elsie Dupree, Representative, Nevada Wildlife Federation, read a prepared statement (Exhibit C) in opposition to S.B. 46. Senator Adler asked Ms. Dupree if the concern for access to public land could be handled through statute or regulation. Ms. Dupree said regulation would be satisfactory as long as access was afforded to the public. Frenchy Montero, Owner, Leonard Creek Ranch, spoke in support of S.B. 46. He expressed he would like to see the law stay the way it is presently written. He said he thought the bill was "good for everyone." Stephanie D. Licht, Secretary/Treasurer, Nevada Wool Growers Association, went on record as being in support of deleting the "sunset clause" from the law. Her association is in support of S.B. 46. Doug Busselman, Executive Vice President, Nevada Farm Bureau Federation, read a statement (Exhibit D) in support of S.B. 46. Helen Leveille, President, Nevada Public Land Access Coalition, Inc., testified her group has no problem with the present law. Their only concern is the access to the public land. But she said through regulations those problems could probably be handled. She said she would like to see the term, "tag holder" in the original law be changed to "hunter." Joe Guild, Lobbyist, Nevada Cattlemen's Association, came forward to urge support of S.B. 46. He reiterated the present law is a very successful program. That it has encouraged cooperation between the private industry and the state agencies. Willie Molini, Administrator, Division of Wildlife, said the program is working well from the prospective of his agency. His agency supports S.B. 46. He said the problem concerning public access can be handled in administrative regulation by his agency. He mentioned the statute indicates "tag" holder, so if the committee desired to delete the "tag" language, it would have to be by amendment. Mr. Molini said he did not have a problem with a hunt on private land as proposed by Mr. Drake. He stated that such a hunt had been done in the past. However, he would like to see it limited to a fairly short window of time, perhaps a 30-day period following the close of the regular season. Mr. Molini gave a brief report which had been submitted to the Legislative Counsel Bureau that outlined 1993 and 1994 seasonal numbers. In 1993, 51 deer tags were issued through this program, while in 1994, 119 deer tags were issued. And 8 antelope tags were issued in 1993 and in 1994, 12 antelope tags were issued. He continued, saying in 1993, 17 landowners participated in the program, and in 1994, 48 landowners participated. He reiterated the program is a good program and is working well. Senator McGinness inquired why the increase of tag sales. Mr. Molini said basically it was because the word is getting around. And it is an opportunity for the landowners to receive some compensation for the damage to their land by the wildlife. Senator Jacobsen asked if enforcement had been a problem with these particular tag holders. Mr. Molini said not necessarily. Fred Wright, Concerned Citizen, stated he was involved with the beginning of the present law, and that he was pleased to hear the positive reports that the law had functioned so well. He said it is a product of the wildlife, sportsmen, rancher/ farmer /agriculture interests working together. Mr. Wright indicated the issue of access through private land was a "sticky" one. He said the act had been administered through the Wildlife Commission regulations as one that focused on economic return and not the removal of depredating "critters" that had been causing the damage to private lands. And for that reason the access through private land had been focused on hunters who hold the tags for the particular species for an open season and not on just anyone in particular. He suggested public access is a very difficult issue to address. Mr. Wright submitted a suggestion in regard to the removal of the "sunset." He said a statute could be added suggest a report to the legislature which is already in effect in Nevada Revised Statutes (NRS), Chapter 502.324 in regard to the duck stamp; and NRS Chapter 504.175 in regard to elk depredation. The suggested language submitted by Mr. Wright read as follows: Report to the Legislature: The administrators shall, not later than the 5th calendar day of each regular session of the legislature, submit a report summarizing the actions taken and problems associated with the damage compensation program that occurs during the preceding biennium. Chairman Rhoads announced a work session would be scheduled on S.B. 46 following the 2-week recess of the legislature. There being no further business to come before the committee, Chairman Rhoads adjourned the meeting at 2:15 p.m. RESPECTFULLY SUBMITTED: Billie Brinkman, Committee Secretary APPROVED BY: Senator Dean A. Rhoads, Chairman DATE: Senate Committee on Natural Resources January 30, 1995 Page