MINUTES OF THE

SENATE COMMITTEE ON NATURAL RESOURCES

Sixty-seventh Session

February 25, 1993

The Senate Committee on Natural Resources was called to order by

Chairman R. Hal Smith, at 8:45 a.m., on February 25, 1993, in Room 224 of the Legislative Building, Carson City, Nevada. Exhibit A is the Meeting Agenda. Exhibit B is the Attendance Roster.

COMMITTEE MEMBERS PRESENT:

Senator R. Hal Smith, Chairman

Senator Dean A. Rhoads, Vice Chairman

Senator Mark A. James

Senator Joseph M. Neal, Jr.

Senator Thomas J. Hickey

Senator Dina Titus

Senator Ernest E. Adler

STAFF MEMBERS PRESENT:

Caren Jenkins, Senior Research Analyst

Caroline Allen

OTHERS PRESENT:

Willie Molini, Director, Nevada Department of Wildlife

Steve Albert, Game Warden, Nevada Department of Wildlife

Doug Busselman, Executive Vice President, Nevada Farm Bureau

Tony Citko, Representative, Nevada Alternative Livestock Association

Tom Ballow, Executive Director, State Department of Agriculture

Gerald Lent, President, Nevada Hunter's Association

Anthony Bator, Owner, Bator Farms

* * * * *

Chairman Smith opened the hearing on Senate Bill (S.B.) 114 and

Senate Bill (S.B.) 115.

SENATE BILL (S.B.) 114: Makes various changes to provisions governing possession, cultivation and propagation of live wildlife.

SENATE BILL (S.B.) 115: Prohibits hunting of certain animals held in or released from captivity.

Willie Molini, Director, Nevada Department of Wildlife, introduced

himself to members of the committee. He asked Chairman Smith if he

could have liberty to explain, relative to both bills, S.B. 114 and

S.B. 115. He stated that he had already handed out an amendment the

day before, explaining the primary purpose of this amendment was to

combine the language that appeared in S.B. 115 with S.B. 114, which

would, in essence, allow them to abandon S.B. 115. He indicated they

had removed the operative language from S.B. 115 to S.B. 114.

Mr. Molini further explained why the changes were made indicating in

S.B. 115, there was some language that said any game bird or game

mammal that is held and released from captivity for the purpose of

hunting is prohibited. He further explained that the concern here is

with game birds, stating there are a number of shooting preserves that use pheasants or chuckers in this state. He said it was never their

intent to prohibit the use of game birds in a shooting preserve

situation. Mr. Molini said they had proposed to move that language

into S.B. 114.

Chairman Smith asked Mr. Molini if he was suggesting that S.B. 115

would be withdrawn.

Mr. Molini responded by saying yes.

Mr. Molini further directed the committee's attention to Exhibit C,

Proposed Amendment to S.B. 114.

Section 1. NRS 504.295 is hereby amended to read as follows:

504.295 1. [It is unlawful for any person to possess,]

Except as otherwise provided in this section, no person may:

(a) Possess, cultivate or cause the propagation of any live

wildlife unless he is licensed by the department to do so.

(b) Capture live wildlife in this state to stock a commercial

or noncommercial wildlife facility.

purposes of hunting.

2. The commission shall adopt regulations for the possession,

cultivation and propagation of live wildlife. The regulations must

set forth the species of wildlife which may be possessed, cultivated

and propagated, and provide for the inspection by the department of and related facilities.

3. The commission may adopt regulations:

(a) Exempting certain species of wildlife from the licensing

requirements of paragraph (a) of subsection 1.

(b) Authorizing the capture of certain species of live wildlife in this state to stock a commercial or noncommercial wildlife

facility.

4. In accordance with the regulations of the commission, the

department may issue commercial and noncommercial licenses for the

possession, cultivation [and] or propagation of live wildlife upon

receipt of the applicable fee.

Chairman Smith stated that because of the shortage of notice on this

change, the committee would not process this bill.

Chairman Smith stated he wanted to hear the individuals that had come

in to speak on the bills being presented, stating he would refer the

bill to the subcommittee for further study and evaluation.

Mr. Molini directed the committee's attention to Exhibit D, a diagram

of bills all interrelated to the possession, sale, and importation of

wildlife.

Steve Albert, Game Warden, Nevada Department of Wildlife, introduced

himself to members of the committee. He alluded to Nevada Revised

Statute (NRS) 504.295, explaining it authorizes the issuance of two

licenses, noncommercial allowing people to hold wildlife, essentially

for hobby purposes or personal use; commercial license used for

commercial activities.

Mr. Albert mentioned another important statute, which is the

importation statute, that's NRS 503.597, requiring authorization from

the department, in order to import or export any wildlife into or out

of the state. This statute further requires that the department shall require an investigation to determine if such an introduction or

importation of the state is detrimental. He further stated that from

this statute, regulations have been promulgated.

Further discussion ensued concerning the category of wildlife.

Chairman Smith stated he was willing to allow others to come forward

to testify.

Anthony Bator, Owner, Bator Farms, introduced himself to members

of the committee and stated he objected to the implementation of

the above mentioned statute and the proposed regulations. Mr. Bator

stated what he would like to see the committee do is to set up the

department of wildlife, as they propose to do, with regard to the

importation or the legally or illegally obtaining species or the

release of species. Mr. Bator concluded his testimony by stating his

major concern was that it would be necessary for the departments to

issue licenses.

Doug Busselman, Executive Vice President, Nevada Farm Bureau,

introduced himself to members of the committee. Mr. Busselman

commented that what they had seen, in regard to proposed changes,

to senate law, referencing S.B. 114, including the amendments

offered by the department of wildlife, the day before, they believed

none of the new language was needed. Mr. Busselman stated further,

that basically, S.B. 114 is not needed, except to allow for the

department of wildlife to severely restrict or outright prohibit

alternative livestock production. Mr. Busselman said they believe in

responsible regulations and fully understand concerns for possible

disease transmission, however, they suggest that the appropriate

approach would be a joint regulatory system of safeguards, perhaps

fashioned after Washington State law. Mr. Busselman indicated this

would involve the Department of Agriculture and the Department of

Wildlife.

Mr. Busselman stated as defined by NRS 501.097:

....wildlife, means any wild mammal, (i.e. wild bird, fish, reptile, amphibian, etc.) found naturally in a wild state, whether indigenous to Nevada or not, and whether raised in captivity or not, further...

NRS 501.100: ...provides legislative declaration at states,

wildlife in the states, not domesticated, and in its

natural habitat, is part of the natural resources

belonging to the people of the state of Nevada.

Mr. Busselman further stated, from this point of view, alternative

livestock raised by farmers and ranchers in a domestic setting,

are not livestock. He said they did not believe that sole

regulatory authority belongs to the Nevada Wildlife Commission or

the Nevada Department of Wildlife. Mr. Busselman made further

comments pertaining to the presentation and other discussion

ensued.

Tony Citko, Representative, Nevada Alternative Livestock Association,

introduced himself to members of the committee. He stated he thought

he could shed some light on domestic, on what is and what it is not.

(that is, pertaining to the livestock).

Chairman Smith interjected and reminded Mr. Citko that the committee

was only addressing S.B. 114.

Mr. Citko mentioned he had one question, in regard to S.B. 114,

referencing to possessing license for the purpose of hunting. Mr.

Citko clarified his purpose for ranching animals was not for

hunting, but for meat and breeding stock. Mr. Citko expressed there

are hunting ranches where people hunt, but the animals are not

released, they stay behind the fence.

Tom Ballow, Executive Director, State Department of Agriculture,

introduced himself to members of the committee, stating their

primary interest in this particular legislation is, they would like

to have any opportunity to promote agricultural activities which

includes the production of meat and fiber, etc., by animals. He

further stated all of the animals that they now have were once wild,

for example, sheep were domesticated 8,000-11,000 years ago in Asia. He stated how the Pilgrims domesticated turkeys. In essence, he

pointed out they were interested in promoting the production of other

types of food, such as, health meat, for example, indicating this was

in the forefront currently, as being in contention.

Mr. Ballow also emphasized that they'd like to have farmers and

ranchers in Nevada have the opportunity to produce this kind of

food for the consumers.

Mr. Ballow concluded his presentation (relating to the definitions

of different types of livestock in the statutes), stating that he

would research those definitions and come back to the subcommittee,

with some sort of a recommendation on expanding those definitions of

what constitutes livestock.

Gerald Lent, President, Nevada Hunter's Association, introduced

himself to the committee. He indicated he would like to put a little

slant on what had been presented, clarifying it from a hunter's

standpoint. He stated there has always been a threat to importing

animals and humans into this country or the state. He further expressed how precautions can be taken, for example, horses

and cattle come into the state and they have to be quarantined,

inspected, tissue sampled. So with the right precautions, he said

there are rules and regulations taken to project the public from

receiving diseased animals into the state.

Mr. Bator mentioned relevant to where one is raising game for hunting

purposes, he was not proposing that that type of operation come under

the control of the Department of Agriculture, but he stated that the

FDA (Food and Drug Administration) presently does have standards for

the sale of any kind of meat, whether it is elk, alligator meat or

anything.

Further discussion ensued.

Chairman Smith closed the hearing on Senate Bill 114.

Chairman Smith opened for committee discussion of bill draft

requests (BDRs).

BDR R-1115: Urges Congress to recognize rights of users of certain roads over public lands.

SENATOR RHOADS MOVED TO INTRODUCE BDR R-1115.

SENATOR HICKEY SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY.

* * * * *

BDR 35-1114: Declares rights of users of accessory roads over public lands.

SENATOR RHOADS MOVED TO INTRODUCE BDR 35-1114.

SENATOR HICKEY SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY.

BDR 35-1113: Makes changes concerning minor country roads.

SENATOR RHOADS MOVED TO INTRODUCE BDR 35-113.

SENATOR HICKEY SECONDED THE MOTION.

THE MOTION CARRIED UNANIMOUSLY.

* * * * *

There being no further business before the Senate Committee on

Natural Resources, Chairman Smith adjourned the hearing at 9:30 a.m.

RESPECTFULLY SUBMITTED:

Caroline Allen,

Committee Secretary

APPROVED BY:

Senator R. Hal Smith, Chairman

DATE:

Senate Committee on Natural Resources

February 25, 1993

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