Assembly Bill No. 470

Assembly Bill No. 470-Committee on Natural Resources, Agriculture, and Mining

May 9, 1997
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Referred to Committee on Natural Resources, Agriculture, and Mining

SUMMARY--Requires establishment of program for issuance of special incentive elk tags. (BDR 45-1470)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: Yes.

EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.

AN ACT relating to wildlife; requiring the board of wildlife commissioners to adopt regulations establishing a program for the issuance of special incentive elk tags; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

Section 1 Chapter 502 of NRS is hereby amended by adding thereto a new section to read as follows:
The commission shall adopt regulations establishing a program pursuant to which the division issues special incentive elk tags to owners, lessees and managers of private land in this state who have, in the determination of the division, contributed to the enhancement of the elk population and the habitat of elk within this state. The regulations must:
1. Set forth the application and annual review processes for the issuance of special incentive elk tags.
2. Require that an application for a special incentive elk tag be accompanied by the fee charged for elk tags pursuant to NRS 502.250 and any fee charged for administrative costs.
3. Provide for the issuance of special incentive elk tags only to persons who have allowed:
(a) Elk onto private land; or
(b) The division to introduce elk onto private land.
4. Establish criteria for the issuance of special incentive elk tags based upon:
(a) The usefulness of the private land for forage by elk.
(b) The willingness of the person to allow an increase in the population of elk on the private land to a number above the target level for elk established for the unit or units within the management area or areas in which the private land is located.
5. Provide that special incentive elk tags are valid for both sexes of elk.
6. Require that, as a condition of receiving a special incentive elk tag, an owner, lessee or manager who is lawfully in control of private land that blocks access to adjacent public land must provide access to the public land during the hunting season to a person or hunting party with a tag for the purpose of hunting on the public land.
7. Prohibit the issuance of a special incentive elk tag to a person who, during the same calendar year, has received compensation pursuant to NRS 504.165 for damage to private land or any improvements thereon caused by elk.
8. Allow a group of persons to request that all private land owned by them be considered a single parcel for the purpose of meeting the requirements established for the issuance of special incentive elk tags.
9. Ensure that the issuance of special incentive elk tags will not result in the number of bull elk tags issued in any year being reduced to a number below the quota for bull elk tags established by the commission for 1997.
10. Require that a person who is issued a special incentive elk tag hunt:
(a) During the open season for elk.
(b) In the unit or units within the management area or areas in which the private land is located.
11. Provide for the appointment of an arbitration panel to resolve disputes between persons who apply for special incentive elk tags and the division regarding the issuance of such tags.
Sec. 2 NRS 504.165 is hereby amended to read as follows:
504.165 1. The commission shall adopt regulations governing the disbursement of money to:
(a) Prevent or mitigate damage to private property and privately maintained improvements; and
(b) Compensate persons for grazing reductions and the loss of stored and standing crops,
caused by elk or game mammals not native to this state.
2. The regulations must contain:
(a) Requirements for the eligibility of those persons claiming damage to private property or privately maintained improvements to receive money or materials from the division, including a requirement that such a person enter into a cooperative agreement with the administrator for purposes related to this Title.
(b) Procedures for the formation of local panels to assess damage caused by elk or game mammals not native to this state and to determine the value of a loss claimed if the person claiming the loss and the division do not agree on the value of the loss.
(c) Procedures for the use on private property of materials purchased by the state to prevent damage caused by elk or game mammals not native to this state.
(d) Any other regulations necessary to carry out the provisions of this section and NRS 504.155 and 504.175.
3. The regulations must allow a person to be compensated for the costs of labor and materials necessary to prevent or mitigate damage to private property and privately maintained improvements caused by elk or game mammals not native to this state.
4. Money may not be disbursed to a claimant pursuant to this section unless the claimant shows by a preponderance of the evidence that the damage for which he is seeking compensation was caused solely by elk or game mammals not native to this state.
Sec. 3 This act becomes effective on July 1, 1997.