MINUTES OF MEETING
ASSEMBLY COMMITTEE ON NATURAL RESOURCES, AGRICULTURE AND MINING
Sixty-seventh Session
May 3, 1993
The Assembly Committee on Natural Resources, Agriculture and Mining was called to order by Chairman Vivian L. Freeman at 1:45 p.m., May 3, 1993, in Room 321 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda, Exhibit B is the Attendance Roster.
COMMITTEE MEMBERS PRESENT:
Mrs. Vivian L. Freeman, Chairman
Mr. John B. Regan, Vice Chairman
Mr. Douglas A. Bache
Mr. John C. Carpenter
Ms. Marcia de Braga
Mr. Peter G. Ernaut
Mr. James A. Gibbons
Mr. Roy Neighbors
Mr. Robert M. Sader
Mr. Michael A. Schneider
Ms. Stephanie Smith
COMMITTEE MEMBERS ABSENT:
None
GUEST LEGISLATORS PRESENT:
None
STAFF MEMBERS PRESENT:
Fred Welden, Chief Deputy Research Director
OTHERS PRESENT:
David Ziegler, TRPA; Steve Teshara, Tahoe Transportation Coalition; Bill Gibson, Nevada Guides Advisory Board; Joe Johnson, Sierra Club; Paul Bottari, Nevada Outfitters and Guide Association; Steve Wright, Nevada Outfitters Association; Fred Messmann, Nevada Department of Wildlife; Steve Christensen, Tahoe Sierra Dive Club; Joe Morandi, High Sierra Sports; Fred Wright, Private Citizen; Tracy D. Herman, Sparks Divers Academy; Terry Crawforth, Department of Wildlife; Agee Smith, Nevada Outfitters and Guide Association.
The meeting was called to order and roll was called.
ASSEMBLY BILL 538:
Revises provisions governing operation of watercraft in area where diver's flag is displayed.
Mr. Steve Christensen, President, Tahoe Sierra Dive Club, spoke in support of A.B. 538. One objective of the bill would be to educate the public and boaters as to what a diver's flag signified. He said the law now provided for a 100 foot area which boaters could not enter when a diver's flag was displayed. The Nevada Department of Wildlife allowed another 100 foot buffer zone, keeping boaters a safe distance from the diver's flag area. If vessels could be kept within the range noted, a safer area would be contained for divers. Diver's had been hurt seriously by boaters coming through the buffer and diver's flag area. Mr. Christensen emphasized diver's would not put their flags in the middle of a 200 foot harbor entrance and stop traffic from entering the harbor.
Mrs. Freeman asked if an educational program or signs indicated what the flags were used for.
Mr. Christensen said he was working with Chris Healy of the Nevada Department of Wildlife on an educational program. He said a program to put signs at boat launches explaining what the diver's flag signified had been explored. Mr. Christensen presented the secretary with letters in support of A.B. 538 (Exhibit C).
Mr. Joe Morandi, representing High Sierra Sports and a PADDI Instructor, remarked A.B. 538 looked decent, but he did not believe a boat of any size should be allowed inside the boat area. Educational literature and signs should be posted in boat shops, said Mr. Morandi.
Mrs. Freeman asked if requiring educational programs should be written into the bill. Mr. Morandi said something should be in the bill to require educating the public.
Mr. Fred Messmann, Boating Law Administrator, and Tom Atkinson, Chief Game Warden, Nevada Department of Wildlife, spoke in opposition to A.B. 538. Mr. Messmann prefaced his statements by stating the department's concern for divers and safety of all persons on the water's of Nevada. Extensive research went into the law as it existed last session. Primarily a dive flag would be within 100 feet of a diver. The second part of the law stated a boat traveling anywhere in the area of a dive flag would have to stay within 200 feet of the dive flag. Mr. Messmann said he agreed with Mr. Christensen and had been in contact with him regarding education and enforcement of the law. There was a concern a dive flag could be secured at the mouth of a cove which would preclude boaters and fishermen from using limited resources of water recreation. After the law was passed in 1991 Mr. Messmann contacted the divers and dive clubs to let them know what the laws were. The law was also discussed in boater safety classes. Only one citation had been given out since the law was in effect and it was given to a diver, not one belonging to an organized club. He felt the divers had legitimate concerns but did not feel the bill addressed two of their concerns, enforcement and education. On line 9, page 1 of A.B. 538, the bill stated 200 feet of the diver, in essence the diver could swim out to the 200 foot level and be safe according to the law but not be safe according to a boater who could enter into the area. There would not be a 100 foot buffer. He pointed out the way the bill was written would preclude a diver from using a boat as a diver platform. Mr. Messmann did not believe the divers considered the use of their boat to be a problem. Several areas prohibited boat traffic specifically for divers on Nevada Lakes. Mr. Messman offered information regarding his testimony (Exhibit D).
Ms. Smith questioned the 200 feet buffer zone and asked if a boat was going at 5 knots per hour or not creating a wake the boat could be within 3 inches of the flag. Mr. Messmann said her summation was correct. She asked if a person was fishing or had nets, would it be permissible, the boat would not be creating a wake. Mr. Messmann agreed and said the boat would be moving slow enough for a diver to get out of the way or cut line. Ms. Smith asked about an emergency situation. Mr. Messmann said in an emergency situation, the boat would not pose any greater threat than the boater's own boat. She asked if this would preclude divers from diving off their own boats if the boat was not moving. He said no, it would be alright if the boat was anchored.
Mrs. Freeman placed A.B. 538 in a subcommittee consisting of Mr. Carpenter, Chairman, Ms. Smith and Mr. Ernaut.
Mr. Paul Abeyta, representing High Sierra Sports and a Scuba Instructor, offered to give Mr. Messmann a scuba lesson with a jet skier overhead. He discussed how a student felt being underwater for the first time.
Mr. Gibbons asked how a diver would know when he was 200 feet from the dive flag. Mr. Abeyta said a person would not get past 200 feet as a great deal of air would be used moving around. A scuba tank would only last 30 to 40 minutes at a depth of 40 to 50 feet. Fifty to 75 feet would be the distance a diver would move away from a flag. Mr. Gibbons asked why the 100 foot distance was not alright. Mr. Abeyta said too many boats or jet skis were coming into the 100 foot area.
The hearing was closed on A.B. 538.
ASSEMBLY BILL 476:
Revises and makes permanent program for issuance of restricted nonresident deer tags.
Assemblyman John Carpenter, Assembly District 33, said A.B. 476 would revise and make permanent the program for issuance of restricted nonresident deer tags. The program would give the guide industry 250 nonresident tags the guides could use and depend upon. Mr. Carpenter supported the guides as a means of economic survival for the industry. He felt the guides performed a vital function to hunters who did not know the area and needed guidance.
Mr. Sader asked if the italicized language would be referred to as new language since the bill had a sunset date. Mr. Carpenter agreed and said the only change he was aware of would be line 18, page 1 of A.B. 476.
Mr. Fred Wright spoke on his behalf and said the statute had not been codified and still resided in Chapter 476 of the 1989 Session as amended in 1991. Mr. Wright spoke from prepared testimony (Exhibit E) in support of A.B. 476.
Mr. Gibbons pointed out the data on line 18 of page 1, of A.B. 476, not to exceed 9 percent of the deer tags issued to nonresidents and asked how many tags were issued last year. Mr. Wright said Mr. Gibbons would need to refer his question to department personnel. Mr. Gibbons asked how the figure of 9 percent was derived. Mr. Wright said the language did say not to exceed 15 percent of the deer tags issued to nonresidents in the previous year or 250 tags whichever was less.
Mr. Paul Bottari, Nevada Outfitters and Guides Association, urged support of A.B. 476. He explained the issue of 9 percent of the nonresident tags with a limit of 250 tags was based on the last four- year average of the nonresident tag quota. Mr. Bottari gave copies of the Idaho and Montana Big Game Hunts (Exhibit F) to the committee. Mr. Bottari emphasized their clients did not have to hunt in Nevada and in order to encourage out-of-state hunters, the guides needed to be able to give hunters similar odds.
Mr. Terry Crawforth, Deputy Director, Nevada Department of Wildlife, spoke on A.B. 476. He said the drawing had taken place for the nonresident guided hunt for the 1993 hunts. The clients had to apply on a special application form generally in the month of February and the application must be signed by a master guide to make sure a contract had been signed. The process was conducted with a manual drawing in a public forum with restrictions on the number of tags for deer management areas and the number of tags any one guide might obtain. Tags were issued to the clients and had to be used in the same season and the same management areas. The fee was approximately double of what a normal nonresident tag would be.
Mr. Gibbons asked if there had been fewer tags applied for than tags available. Mr. Crawforth said the department had issued 250 tags each year. The first year 500 applications were received and applications had declined by 25 per year. Mr. Gibbons asked how many nonresident deer tags were issued on an annual basis. Mr. Crawforth said last year 1,995 nonresident mule deer buck tags were issued, this year the quotas had not been established but tags would probably be down 40 percent.
Mr. Bill Gibson, Elko Guide Service, said the reason to support the legislation was "It works." He said not only did the concept work, it solved problems the guides had in booking clients and solved problems clients had in not being able to come to Nevada and bring tourism dollars. The State Guides Advisory Board would be the only voice guides would have in state government, and the guides hoped to see it preserved. Good faith concessions were made by the Nevada Guides Industry relevant to the guided tag proposal. Written contracts between guides and clients were required, mandatory liability coverage, first-aid training and increased guide licensing fees were placed in effect. Mr. Gibson urged the committee to pass A.B. 476.
Mrs. Freeman asked if there were proposed amendments. Mr. Wright said he did not have amendments to the bill.
ASSEMBLYMAN SADER MOVED TO DO PASS A.B. 476.
ASSEMBLYMAN GIBBONS SECONDED THE MOTION.
THE MOTION PASSED BY ALL THOSE PRESENT.
SENATE JOINT RESOLUTION 6:
Urges Tahoe Regional Planning Agency to take certain actions to reduce traffic congestion in Lake Tahoe Basin.
Mr. Fred Welden, Chief Deputy Research Director, said he had staffed the interim committee which oversaw the activities of the Tahoe Regional Planning Agency. The Chairman, Senator Shaffer, asked Mr. Welden to present S.J.R. 6. Mr. Welden explained Air quality was a major environmental concern and factor at Lake Tahoe. The "whereas" clauses in S.J.R. 6 pointed out the relationship between air pollution and air quality management and the relationship to traffic congestion, sidewalks and other types of paths, public transportation systems and management of the parking system. Testimony before the subcommittee indicated these were all factors which were important to managing air quality in the basin. The "resolved" clause urged the TRPA to reduce traffic congestion in the basin by emphasizing development of sidewalks, public transportation systems and management of the location and amount of parking facilities in the basin. Mr. Welden advised the committee S.J.R. 6 was a fairly simple resolution.
Mr. David Ziegler, Executive Director of the Tahoe Regional Planning Agency, indicated he had participated in the interim committee's work and was fully supportive of the resolution which came out of the interim group. Mr. Ziegler said Mr. Steve Teshara, Executive Director of the Lake Tahoe Gaming Alliance, had to leave but had asked Mr. Ziegler to relay his support of S.J.R. 6.
ASSEMBLYMAN REGAN MOVED TO DO PASS S.J.R. 6.
ASSEMBLYMAN SCHNEIDER SECONDED THE MOTION.
THE MOTION PASSED BY ALL THOSE PRESENT. (ASSEMBLYMAN ERNAUT WAS ABSENT AT THE TIME OF THE VOTE.)
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ASSEMBLY BILL 118:
Creates state board for management of information.
Mrs. Freeman informed the committee the bill had been Indefinitely Postponed. Karen Kavanau had asked for the bill to be reconsidered.
Mr. Welden said A.B. 118 as outlined in the bill would set up a new advisory board for telecommunications and would direct the advisory board to do a study of information needs relative to hazardous materials. The bill was Indefinitely Postponed and discussion took place regarding these types of matters being handled as part of the reorganization. Karen Kavanau, Director of the Division of Data Processing had asked the bill be reconsidered to direct her division to do the study. Speaker Dini chaired the interim study and agreed the reconsideration of A.B. 118 to hear testimony would be of value.
ASSEMBLYMAN REGAN MOVED TO RECONSIDER A.B. 118.
ASSEMBLYMAN SMITH SECONDED THE MOTION.
Mr. Sader asked if the committee was going to amend the bill. He was unclear what the request was from Karen Kavanau. Mr. Welden said the request from Karen Kavanau was to bring the bill before the committee and consider amending A.B. 118 to delete everything except directing her agency to do a study. Mr. Sader asked if the committee was going to reconsider the bill and then see what the amendment was.
THE MOTION PASSED BY ALL THOSE PRESENT. (MR. ERNAUT WAS ABSENT AT THE TIME OF THE VOTE.)
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Mr. Welden said he would draft the amendment for when the bill came before the committee.
There being no further business to come before committee, the meeting was adjourned at 2:50 p.m.
RESPECTFULLY SUBMITTED:
PAT MENATH
Committee Secretary
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Assembly Committee on Natural Resources, Agriculture and Mining
May 3, 1993
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