MINUTES OF THE
SENATE COMMITTEE ON NATURAL RESOURCES
Sixty-seventh Session
June 3, 1993
The Senate Committee on Natural Resources was called to order by Chairman R. Hal Smith, at 8:46 a.m., on Thursday, June 3, 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 Ernest E. Adler
Senator Thomas J. Hickey
Senator Mark A. James
COMMITTEE MEMBERS ABSENT:
Senator Joseph M. Neal, Jr.
Senator Dina Titus
STAFF MEMBERS PRESENT:
Caren Jenkins, Senior Research Analyst
Rayanne Francis, Senate Committee Secretary
OTHERS PRESENT:
Jim Curran, Chief, Fisheries Division, Nevada Department of
Wildlife
Sherry Blackwell, Assistant Chief, Motor Carrier Bureau, Nevada
Department of Motor Vehicles and Public Safety
Jim Parsons, Program Manager, Registration Division Bureau of
Enforcement, Emission Control Section, Department of Motor
Vehicles and Public Safety
Allan Bloomberg, Representative, Automotive Recyclers and
Dismantlers of Nevada
Chairman Smith opened the hearing on Senate Bill (S.B.) 504.
SENATE BILL 504: Allows fishing with more than one combination of hook, line and rod upon payment of fee.
Jim Curran, Chief, Fisheries Division, Nevada Department of Wildlife (NDOW), introduced himself to members of the committee. He said the NDOW supports passage of S.B. 504 and briefly reviewed the positive aspects of the bill.
Mr. Curran stressed the primary objective of the bill is to increase fishing opportunities to the public. He said current restrictions in fishing laws prevent fisherman from obtaining the harvest rates that many bodies of water in Nevada can support. He pointed out Lake Mead, Rye Patch Reservoir, Lahontan Reservoir and the Humboldt River are perfect examples of warm water fisheries that contain generous supplies of catfish, striped bass and large-mouth bass. He said the use of only one rod, reel and hook combination drastically reduce an angler's ability to utilize this abundant natural resource.
Mr. Curran pointed out only eight states still have a one rod restriction. He pointed out, on January 1, 1993, the State of Arizona enacted into law a piece of legislation similar to S.B. 504. He stressed this inconsistency between the two states has already caused problems on Lake Mohave and Lake Mead, because the Arizona state line runs through the center of each lake. He continued by saying these two lakes are the heaviest fished waters in the State of Nevada.
Mr. Curran said the NDOW has no biological basis for restricting fishermen to a single rod combination. He commented that the daily limit on striped bass, in Lake Mohave and Lake Mead, has risen from 5 to 20 fish per angler during the past few years.
Mr. Curran commented that the NDOW had conducted random inter-views with fisherman in the field and 60 to 70 percent of the state's fishermen support passage of this legislation. He stressed that passage of S.B. 504 would increase a fisherman's opportunity of catching a daily limit and eliminate the con-flicting laws with neighboring states. He encouraged the Senate Committee on Natural Resources to support passage of S.B. 504.
Senator Rhoads asked how many rods would a fisherman be able to use if S.B. 504 were enacted. Mr. Curran explained the proposed legislation would allow the Board of Wildlife Commissioners to set the exact rod limit per fisherman. It was his understanding that the bill would definitely allow a fisherman to use two rods. Senator Rhoads asked if it would be possible that the commissioners could set a three or four rod limit per fisherman. Mr. Curran replied this was certainly a possibility. Chairman Smith reminded committee members that each rod a fisherman uses must be individually licensed.
Chairman Smith assumed a fisherman would be able to catch his/her limit in a shorter period of time if S.B. 504 is enacted. He surmised the daily fishing limits would be associated with the angler, not with each line cast in the water. Mr. Curran responded by saying the fishing limits would be restricted to the fisherman.
Chairman Smith said he had heard Mr. Curran indicate that S.B. 504 would have the effect of increasing a fisherman's produc-tivity, when the bill would only reduce the amount of time an angler would have to spend in order to reach his/her limit. Mr. Curran explained the NDOW envisioned that passage of S.B. 504 would increase the harvest in many of the state's waters of the under-utilized species, such as the striped bass and catfish.
Mr. Curran remarked that, although more than one fishing rod doubled the opportunity to obtain a set limit, the catch rate did not necessarily double. He pointed out that fishing with a single rod and not catching any fish would most likely correlate with fishing with two rods and not catching any fish. Mr. Curran insisted the primary advantage of enacting S.B. 504 would be the opportunity provided to anglers to cast for more than one type of fish at a single time.
Senator James asked how one angler could hold more than one fishing pole. Mr. Curran said state law requires that active fishing rods be closely attended. He said it is not unusual for warm water or bait fisherman to prop their fishing rods on sticks or in rod holders.
Senator James asked if a majority of fisherman support passage of S.B. 504. Mr. Curran said over 60 percent of the fisherman interviewed by the NDOW approved of S.B. 504. He continued by saying the fisherman who are opposed to this bill are fly or catch and release fisherman. Of course, once these individuals had been informed that passage of the bill would not increase the harvest on trout waters, most had changed their minds and supported passage of S.B. 504.
Senator James asked why the effective date of this legislation was set at March 1, 1994. Mr. Curran responded this date would allow for a transition period, in addition to the fact that the NDOW's currently issued hunting and fishing licenses expire on February 28, 1994.
Senator James still has doubts about allowing a single fisherman to set up multiple fishing rods at one time. Mr. Curran explained 38 states (most of them eastern states) have had a multiple rod regulation in effect for over 90 years. He pointed out more and more easterners are moving to the State of Nevada and are asking why the NDOW still has a one rod law. He said there is no good answer to this question, because Nevada regulates the harvest by the limit, not the method.
Senator Hickey pointed out that fishing is a sport and wondered how many fisherman would actually be interested in the mechanics of managing multiple rods. He said the total outdoor experience and the challenge of the sport would be lost if S.B. 504 were passed. Mr. Curran emphasized that the excitement of fishing was the thrill of the catch.
Chairman Smith said he enjoys the sport of fishing and has fished various locations all over the State of Nevada. However, he stressed that he is a realist and views S.B. 504 as a chance for the state to generate extra revenue through fishing permits.
Chairman Smith informed those in attendance that he would reschedule S.B. 504 for an upcoming work session of the Senate Committee on Natural Resources.
Chairman Smith closed the hearing on S.B. 504 and opened the hearing on S.B. 126.
SENATE BILL 126: Makes various changes to laws pertaining to controls of emissions from motor vehicles.
Chairman Smith reminded members of the committee that the Senate Committee on Transportation had re-referred S.B. 126 to the Senate Committee on Natural Resources due to the air pollution issue.
Sherry Blackwell, Assistant Chief, Motor Carrier Bureau, Nevada Department of Motor Vehicles and Public Safety (DMV), introduced herself to members of the committee. For the benefit of committee members, she briefly reviewed the bill. At the con-clusion of her testimony, she pointed out there was a fiscal note attached to S.B. 126. Chairman Smith admitted the committee had not been apprised of this fact. Ms. Blackwell said the DMV had submitted a fiscal note, which had been prepared on March 2, 1993. However, the bill had been amended and some of the annual heavy-duty testing was removed from S.B. 126. Accordingly, an accurate accounting of the fiscal impact would be less than the original figures submitted by the DMV. Specifically, she said the fiscal impact for 1994 would be $159,688, and 1995 would be $140,199. Senator Rhoads asked if the fiscal impact of S.B. 126 had been included in the DMV's proposed budget. Ms. Blackwell responded by saying these figures were not included in the DMV's budget.
Senator James explained he was the chairman of a Senate Committee on Transportation subcommittee that had addressed S.B. 126. He continued by saying the bill had been re-referred to the Senate Committee on Natural Resources upon his request. He pointed out the subcommittee had worked on a suitable amendment to section 3, subsection 2. However, the reasoning behind re-referring the bill to the Senate Committee on Natural Resources was based upon the language contained in section 1 of the bill.
Senator James said he remembered in an earlier hearing, with representatives from the federal Environmental Protection Agency, that there were federal requirements on the training and certification of emissions mechanics.
SENATE BILL 347: Makes various statutory changes in compliance with federal Clean Air Act.
Considerable discussion ensued on this matter and several members of the committee agreed that the training and certification of emissions technicians had been addressed by S.B. 347.
Jim Parsons, Program Manager, Registration Division Bureau of Enforcement, Emission Control Section, Department of Motor Vehicles and Public Safety (DMV), introduced himself to members of the committee. He explained S.B. 347 has similar language to S.B. 126 and said the State of Nevada was required (under the enhanced inspection and maintenance [I/M] regulation) to certify and offer training for emissions mechanics. Senator Rhoads asked if emissions mechanics are mandated by federal law to be certified. Mr. Parsons said the State of Nevada must authorize repair facilities and is required to supply each mechanic with training. Senator Rhoads asked if the mechanics would have to obtain certification. Mr. Parsons responded by saying the repair facility, where the mechanic is employed, would have to be authorized by the State of Nevada.
Senator James pointed out the requirements set forth in S.B. 126 were different than the language contained in sections 32 and 33 of S.B. 347. He asked Mr. Parsons if S.B. 126 is attempting to further define the certification requirements for emissions mechanics. Mr. Parsons responded by saying Senator James's observation is accurate.
Chairman Smith drew attention to the fact S.B. 126 has a fiscal impact which is not addressed in the DMV's current budget.
SENATOR HICKEY MOVED TO DO PASS S.B. 126 AND RE-REFER THE BILL TO THE SENATE COMMITTEE ON FINANCE.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS NEAL AND TITUS WERE ABSENT FOR THE VOTE.)
Allan Bloomberg, Representative, Automotive Recyclers and Dismantlers of Nevada, introduced himself to members of the committee. He pointed out his only concern with S.B. 126 deals with language contained in section 3, subsection 2. He wondered if individuals in this business would be required to attach an "evidence of compliance" certificate with the title to a vehicle being sold. He asked if the DMV intended to develop a form with the appropriate language and if this was merely an agreement between the buyer and seller.
Senator Hickey said he understands Mr. Bloomberg's concerns, but stressed the Senate Committee on Natural Resources is merely passing a concept. He explained the details of the bill would have to be worked out by the Senate Committee on Finance. Mr. Bloomberg said the intent of S.B. 126 is good and he supports its passage with exception of the specifics of the evidence of compliance certificate. Senator James explained the Senate Committee on Transportation subcommittee had included this language in an attempt to relieve the automobile dismantlers of Nevada from having to address the question of emissions compliance or non-compliance. Mr. Bloomberg said his concern is focused on what types of requirements the DMV intended to place on the industry. Senator James said this situation would only arise when the vehicle is being sold, because the evidence of compliance would need to be presented when registering the vehicle.
Senator Hickey pointed out the bill only indicates that a written statement would need to be retained. He imagined this would mean that the seller would be required to keep a duplicate on file. Mr. Bloomberg said he does not have any problem with maintaining a file of these forms, but wondered if a copy would have to be forwarded to the DMV. He pointed out that 99 percent of the time he was the buyer of a vehicle.
Chairman Smith closed the hearing on S.B. 126.
* * * * *
Senator Rhoads pointed out that the United States Congress was taking several grazing fee bills under consideration. He said some of these bills included $8 to $10 grazing fees, which would wipe out the industry. He drew attention to the fact that one of the congressional committees had discussed the possibility of either setting a federal grazing fee or accepting a state's grazing fee, which most of the western states already had. However, due to the fact the State of Nevada has very little state land, it never enacted a state grazing fee.
Senator Rhoads asked for committee approval to request a bill draft request addressing the issue of a state grazing fee.
SENATOR RHOADS MOVED TO REQUEST A BILL DRAFT REQUEST ON A STATE GRAZING FEE.
SENATOR JAMES SECONDED THE MOTION.
THE MOTION CARRIED. (SENATORS NEAL AND TITUS WERE ABSENT FOR THE VOTE.)
* * * * *
There being no further business before the Senate Committee on Natural Resources, Chairman Smith adjourned the hearing at 9:12 a.m.
RESPECTFULLY SUBMITTED:
Rayanne J. Francis,
Committee Secretary
APPROVED BY:
Senator R. Hal Smith, Chairman
DATE:
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Senate Committee on Natural Resources
June 3, 1993
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