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:
1. The commission shall adopt regulations to establish a program pursuant to which the division will issue special incentive elk tags. The regulations must:
(a) Set forth the application and annual review processes for the issuance of special incentive elk tags.
(b) Require that an application for a special incentive elk tag be accompanied by:
(1) The fee charged for an elk tag pursuant to NRS 502.250; and
(2) Any administrative fee charged in connection with the issuance of an elk tag pursuant to this chapter.
(c) Provide for the issuance of a special incentive elk tag only to a person who:
(1) Lawfully owns, leases or manages private land within an actual elk use area; and
(2) If that private land blocks reasonable access to adjacent public land, provides reasonable access through the private land to allow a person or hunting party possessing a valid elk tag to hunt elk on the adjacent public land.
(d) Establish criteria for the issuance of special incentive elk tags based upon:
(1) The percentage of private land controlled by the applicant;
(2) The portion of the population of elk above the target level for elk established by the land management agency; and
(3) Limiting the number of special incentive elk tags issued in each calendar year to not more than one-half of the bull elk tags issued in that calendar year,
within the actual elk use area in the unit or units of the management area or areas in which the private land is located.
(e) Provide that special incentive elk tags are valid for both sexes of elk.
(f) Prohibit a person who has, within a particular calendar year, applied for or received compensation pursuant to NRS 504.165 as reimbursement for damage caused by elk to private land from applying, within the same calendar year, for a special incentive elk tag for the same private land.
(g) Allow a group of owners, lessees and managers of private land to qualify for a special incentive elk tag for their combined lands.
(h) 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.
(i) Provide that a person to whom a special incentive elk tag is issued by the commission pursuant to this section may:
(1) If he holds a valid hunting license issued by this state, use the special incentive elk tag himself; or
(2) Sell the special incentive elk tag to another person who holds a valid hunting license issued by this state at any price upon which the parties mutually agree.
(j) Require that a person who is issued a special incentive elk tag hunt:
(1) During the open season for elk.
(2) In the unit or units within the management area or areas in which the private land is located.
(k) 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.
2. As used in this section, "actual elk use area" means an area in which elk live, as identified and designated by the division.
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:
(a) Provide for the payment of money or other compensation to cover 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.
(b) Prohibit a person who has, within a particular calendar year, applied for or received a special incentive elk tag pursuant to section 1 of this act from applying, within the same calendar year, for compensation pursuant to this section for the same private land.
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.