MINUTES OF THE
ASSEMBLY Committee on Natural Resources, Agriculture, and Mining
Seventieth Session
February 10, 1999
The Committee on Natural Resources, Agriculture, and Mining was called to order at 1:34 p.m., on Wednesday, February 10, 1999. Chairman Marcia de Braga presided in Room 3161 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Guest List. All Exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.
COMMITTEE MEMBERS PRESENT:
Mrs. Marcia de Braga, Chairman
Mrs. Gene Segerblom, Vice Chairman
Mr. Douglas Bache
Mr. John Carpenter
Mr. Jerry Claborn
Mr. Lynn Hettrick
Mr. David Humke
Mr. John Jay Lee
Mr. Harry Mortenson
Mr. Roy Neighbors
Ms. Genie Ohrenschall
Ms. Bonnie Parnell
COMMITTEE MEMBERS ABSENT:
Mr. John Marvel (Excused)
STAFF MEMBERS PRESENT:
Linda Eissmann, Committee Policy Analyst
Sharon Spencer, Committee Secretary
OTHERS PRESENT:
Glenn Clemmer, Program Director, Nevada National Heritage Program
Paul Iverson, Administrator, Nevada Division of Agriculture
Robert Gronowski, Plant Industry Bureau Chief, Division of Agriculture
John O'Brien, Industry Services Section Chief, Division of Agriculture
Jeff Knight, Entomologist, Division of Agriculture
After roll was called, Chairman de Braga announced the committee had been invited on a couple of mine tours, one in southern Nevada and one in northern Nevada. She said it was the committee’s choice as to which tour they preferred. The chairman said the Nevada Mining Association would pay for some of the legislators’ expenses.
Mrs. de Braga introduced Glenn Clemmer, Program Director for the Nevada Natural Heritage Program (NNHP). Mr. Clemmer provided a handout, the "Nevada Natural Heritage Program Scorecard, June 1998" (Exhibit C), detailing the goals and responsibilities of his agency. He explained his agency was formed in 1986, and in 1992 was incorporated within the Department of Conservation and Natural Resources. It was also a part of an international data base network pertaining to sensitive, rare, endangered, and threatened species, both fauna and flora. The program’s biologists systematically collected information from diverse sources from around the State of Nevada. Some of those sources included field surveys, museum collections, resource management agencies, published and unpublished reports, and information gathered from knowledgeable individuals. The data collected was made available to developers, consultants, planners, scientists, land managers, and conservation leaders throughout the world.
The program continually evaluated conservation priorities for about 600 kinds of native animals and plants in their natural habitats, which were evaluated in terms of how vulnerable they were, with extinct or in serious decline the most grave classifications. NNHP was a cost-effective early warning system designed to minimize future resource conflicts and help prevent the need for burdensome regulatory listings of species.
Mr. Clemmer said the loss of biodiversity was one of the most serious environmental issues facing the world today. The mission of the program was to collect information on the occurrences, distribution, and population status of all sensitive species in Nevada. Currently there were 649 sensitive animals and plants in Nevada, which NNHP was tracking. He said Nevada was a very diverse state, ranked in the top 10 states in the country for its variety of plants and animals. However, due to the dryness of the state, as well as its rapid growth, Nevada had one of the highest number of imperiled species in the country.
Mrs. Segerblom asked Mr. Clemmer if his program was connected to a national organization. Mr. Clemmer said NNHP was indirectly connected to a partnership called National Biological Information Infrastructure Network, a worldwide data-sharing program. That agency had a tracking system in place to monitor sensitive species. Mrs. Segerblom said she noticed the map contained the handout showed more species were being monitored in southern Nevada than in northern. Mr. Clemmer said there was a great deal of biological diversity in the warmer part of the state, but in reality engineers were building more roads in the southern part of the state, thereby displacing more species of plants and animals. There might also be more scientists working in that part of the state.
The chairman asked if the people to whom Mr. Clemmer made recommendations requested specific data. He replied the NNHP Scorecard was a handy, prioritized collection of pertinent resource information readily available to whoever needed it. Many state agencies and private organizations were aware of the existence of the publication, and had come to depend on it for tracking various endangered plant and animal species. Mrs. de Braga asked if most of the species his program tracked were in particular Nevada plants and animals. Mr. Clemmer replied in the affirmative. The international organization NNHP was affiliated with did track species in other areas, but his agency’s focus was on Nevada’s biodiversity.
Mr. Hettrick asked if the NNHP was part of the UNESCO (United Nations Educational, Scientific, and Cultural Organization) managed Biosphere Program. Mr. Clemmer replied it was not.
Mr. Carpenter stated some of the areas NNHP tracked for biodiversity had not changed for many years. He wanted to know what issues were particularly urgent at this time. Mr. Clemmer explained Elko in particular had not experienced much change in terms of endangered species. He said there were a few rather rare species of fish in that area, which were worthy of scrutiny. Mr. Carpenter said many ranches in that area had been worked the same way for decades, and he considered the fish to be thriving. Mr. Carpenter pointed out he was concerned because Mr. Clemmer said some species of fish were in need of immediate protection. The assemblyman asked if the agency was going to track the spotted frog. Mr. Clemmer said work would be done on the spotted frog, because recently a great deal of interest had been generated within the scientific community regarding that species. Currently, there was a lack of reliable data available concerning the spotted frog, and that was expected to be remedied.
Mr. Mortenson said if a species was designated sensitive before the data collection process was completed, it was the same as declaring all species sensitive unless it was known otherwise. Mr. Clemmer said that was true, adding most species on the sensitive list were indeed sensitive once data collection had been gathered. Many of the species on the NNHP list came from other sources, such as federal sensitive species lists.
Mr. Neighbors asked why Amargosa Toads had not been transplanted to the Amargosa Reserve near Ash Meadows where there were numerous ponds. Mr. Clemmer said currently a large population of Amargosa Toads was thriving in various parts of the state. Ash Meadows was full of other species, which were doing well there, and it would not be appropriate to move toads there to compete for food and habitat. He added the Amargosa Toad was not an endangered species and had never been on the list of sensitive species in Nevada. They were a hardy species who thrived anywhere there was a healthy watershed.
Mr. Lee said he had spent a good deal of time at the Spring Meadow Ranch. He said there was a pond above the blacksmith pond, which had been stocked with a certain type of fish. Mr. Clemmer said the fish were Devil’s Hole Pup Fish, which were virtually extinct with the exception of a small number that thrived in that area. The fish was a whole genus and species of its own, which only lived in Nevada. The Fish and Wildlife Service was monitoring that fish.
Ms. Ohrenschall asked what a genus was. Mr. Clemmer stated it was a biological classification, which dealt with the associations of biological plants and animals. Large groups were placed in a genus, which was then broken into the various species within the genus.
There were no other questions for Mr. Clemmer. The chairman introduced the next speaker, Paul Iverson, Administrator of the Division of Agriculture. Mr. Iverson introduced Robert Gronowski, Division of Agriculture Plant Industry Bureau Chief; John O’Brien, Agriculture Programs Coordinator; Jeff Knight, State Entomologist; and Don Henderson, Deputy Administrator of the division.
Mr. Iverson indicated the past year had been a very unusual year with much diverse activity. He presented the committee with a handout, which described the division’s responsibilities and personnel (Exhibit D). Mr. Iverson said the division was comprised of 65 full-time staff members with offices in Reno, Sparks, Las Vegas, Elko, and Winnemucca. The division, responsible for brand and agriculture inspection employed an additional 120 seasonal and intermittent staff. The Division of Agriculture’s budget consisted of 55 percent from fee collection, and 44 percent came from the general fund. The agency was comprised of three major divisions. The Bureau of Plant Industry was responsible for surveying, detecting, identifying, and controlling insect pests and noxious weeds, which were serious threats to the state’s agriculture economy. The division had the responsibility of inspecting all nurseries throughout Nevada, as well as monitoring 1,300 pest control operators. In addition, Mr. Iverson pointed out the division was responsible for all interstate and intrastate quarantines, seed certification of garlic, shipping point inspection of onions and garlic, and the new organic certification program. He said 12 organic growers were currently involved in the program, and he anticipated more ranchers and farmers would begin growing organic products.
Mr. Iverson pointed out his agency was also responsible for registration of all pesticides, fertilizers, and antifreezes, supervision of the Africanized Honey Bee Program in Las Vegas, and management of the United States Department of Agriculture’s Mediation Program. He said he anticipated the Bureau of Weights and Measures, presently under his agency’s jurisdiction, would be separated from the division’s budget. That bureau was responsible for inspecting, testing, and certifying all weighing and measuring devices in the state which were used commercially, including gas station pumps, cattle scales, and store scales. The Bureau of Livestock Identification, which included the Brands Bureau, was responsible for recording approximately 4,400 livestock brands used in Nevada, along with inspection of all livestock changing ownership, or moving into or out of the state. Additionally, the bureau was charged with enforcing all livestock and animal health laws and employed eight peace officers. The division was also responsible for the Nevada Estray Horse program.
The Bureau of Animal Health was also the responsibility of the Division of Agriculture. That regulatory program, which provided veterinarian medical health services, was responsible for protecting both animal and human populations from diseases currently existing in the state, or which might be imported into the state. Two diagnostic labs were maintained, one in Reno and one in Elko. He was pleased to state his agency had maintained a disease-free status concerning brucellosis and tuberculosis in bovine, as well as a disease-free status for swine.
Mr. Iverson discussed the main accomplishments of each bureau within the agency, emphasizing the successful programs being undertaken in both Clark and Washoe Counties regarding their air quality programs. He said it was an important fact his agency had the only fuel labs in the State of Nevada, with one in Reno and one in Las Vegas. Those labs were responsible for all gasoline testing in the state, including monitoring for octane and vapor pressure testing.
Regarding current quarantines, Mr. Iverson continued, last year a condition known as Late Blight was discovered on tomatoes plants coming from California. Late Blight had the potential of destroying the industry if left unchecked. As a result, all tomato plants coming into the state were quarantined until the situation was under control and the agency could certify plants were clear of the disease.
Mr. Iverson pointed out his agency was doing a great deal of work on public awareness and education. The third annual Agricultural Educational Program in Las Vegas was scheduled for late March or early April. Teachers in Clark County had responded well to that program.
Another concern of the division was the infestation of Africanized Honey Bees in Clark County. The bees first came into the United States from Mexico through Texas and Arizona over a decade ago. An entomologist had been hired to head the program in Las Vegas and was doing a fine job monitoring the migration of that particularly aggressive honeybee. There had been 44 positive identifications of Africanized Honey Bees, particularly in Amargosa Valley, Beatty, and Pahrump. Those areas, along with Las Vegas, Henderson, Boulder City, Searchlight, and Laughlin, were considered Africanized Honey Bee regulated areas. Las Vegas recently experienced more bee swarms than ever before. By next spring, Mr. Iverson estimated, most of the wild bees in Las Vegas would be Africanized, because those extremely aggressive, mobile insects had a tendency to take over European bee colonies. An intensive educational and informational workshop series was being conducted in Clark County to educate the public.
Last year his agency conducted 470 rabies tests, another responsibility of the agency. Of the tests performed, six were positive. Most of the testing for rabies had been done on dogs, but some had been done on bats. All plague monitoring and surveillance was done through his agency, as well as E.coli. testing at slaughterhouses. His division had recently implemented a new dog bite program, which had received national recognition. A public health symposium was organized in Las Vegas, and recently a new food safety and quality assurance program was begun.
Mr. Iverson reviewed various items contained in the handout Exhibit D. He explained the first map in the exhibit showed the distribution of imported Fire Ants throughout the United States. Fire Ants, a particularly aggressive pest, first showed up in Mobile, Alabama. The ants had become thoroughly entrenched in the southeastern part of the county and were rapidly moving westward into New Mexico and Arizona. Arizona’s governor had declared a health emergency due to the fire ant infestation that state was currently experiencing. Mr. Iverson pointed out Fire Ants had shown up in California, and more recently in Las Vegas. Fire Ants were like no other ants, because they were extremely aggressive, their stings were exceptionally potent, and they were capable of inflicting terrible multiple bites on their victims, both human and animal. They swarm over their victims, stinging them voraciously and repeatedly, causing terrible swelling and serious systemic reactions, even death. Mr. Iverson said Fire Ants had been discovered six times in Nevada, and each time they were eradicated. The discovery of Fire Ants in California was particularly distressing because most of Nevada’s nursery stock came from the area in which Fire Ants were recently discovered. A quarantine had been established both in California and the nursery in Las Vegas where the Fire Ants were discovered. When fire ant colonies were discovered, quarantines were imposed in a quarter mile radius, hundreds of traps were placed, and extensive searches and trap monitoring continued afterward. Thousands of ants were contained in a single fire ant nest.
Another activity of the agency was the control and monitoring of the Cereal Leaf Beetle, continued Mr. Iverson, which if left unchecked could seriously impact the hay and alfalfa industry in Nevada. The Division of Agriculture recently conducted a survey on Purple Loosestrife, a noxious weed found along the Truckee River. That weed threatened agriculture in the state. Controlling the infestation of the plant by spraying was another responsibility of Mr. Iverson’s agency.
The Division of Agriculture constructed and maintained the Virginia Range Estray Horse Facility, continued Mr. Iverson. To date, 52 estray horses had been cared for in the facility, and every horse had been successfully adopted. Mr. Iverson told the committee his agency was thoroughly involved with the investigation into the recent shooting of 33 estray horses. Those horses, Mr. Iverson stressed, belonged to the State of Nevada, and in particular to the Division of Agriculture. He explained the horses were estray horses, not wild horses. His agency, along with Division of Agriculture brand inspectors, was cooperating completely with the various law enforcement agencies working on the case. He said there were several good community groups working on the estray horse program. Surveys were being conducted to determine the approximate number of horses in the Virginia Range. To date, that population appeared to be approximately 800 horses contained within 530 square miles. Mr. Iverson considered that number to be too high for an area so small.
Mr. Iverson anticipated before long a well-defined management plan for estray horses would be developed and implemented, which would work to keep the number of horses at a level commensurate with the condition of the ecological system upon which the horses depended. Mr. Iverson stated the horses were extremely well cared for in the facility, and added some members of the prison population had been trained to care for the horses. The horses were vaccinated, fed, loved, and extremely well treated. Injured horses were treated for their injuries, and the adoption program was working out very well.
Chairman de Braga asked at what approximate rate the estray horse population was increasing. Mr. Iverson indicated the normal rate was approximately a 25 percent increase annually.
Mr. Iverson briefly described the new organic certification program his agency had developed. He stated it was very successful, and was expanding rapidly. He offered information regarding locations of organically certified ranchers and farmers in the state (Exhibit E).
Ms. Parnell thanked Mr. Iverson for the information he had sent her regarding the responsibilities and projects in which his agency was involved. She told him the information proved very useful.
Mr. Neighbors asked how Fire Ants adapted to high altitudes and cold temperatures if they came from low altitudes and temperate areas. Mr. Iverson expressed his concern regarding that pest’s adaptability. He said Fire Ants, as well as Africanized Honey Bees, were hybridizing. The process of genetic hybridizing allowed those insects to build tolerance levels to conditions that were not normal to them only a decade ago.
Mr. Knight, Division of Agriculture Entomologist, joined the discussion. He conducted a presentation using computer generated power point images to display the features of Africanized Honey Bees and Fire Ants Mr. Iverson had been verbally describing. The number one concern of the agency, Mr. Knight reiterated, was the curtailing of the migration and destruction of the imported Fire Ant population. He passed around specimens of the insects to the committee members. Mr. Knight told the committee there were two species of Fire Ants, red and black. The Red Fire Ant was the species about which the agency was most concerned. Those insects were native to Brazil, and were inadvertently introduced into the United States in the 1930’s, most probably through plant products imported into the country.
Because Fire Ants were highly adaptable, Mr. Iverson said, they were able to thrive in the intricate microclimates provided in communities such as Las Vegas and Los Angeles. Those conditions allowed the insects to survive and flourish in areas where they would normally not have been able to survive. Crop production, livestock, wildlife, and humans were all adversely impacted by Fire Ants. The insects also had an affinity for the insulation around electrical wiring. Their voracious appetites cost untold thousands of dollars worth of electrical damage yearly. Fire Ants could even kill fish by stinging them from the inside when fish swallowed them.
Mr. Knight mentioned Japanese Beetles, Gypsy Moths, and Asian Larva Beetles were among the pests the Division of Agriculture continually monitored in order to control any infestations that might occur.
Mr. Mortenson asked if there was a particular characteristic of the Fire Ant that would render it distinguishable from a regular red ant. Mr. Knight stated that was very difficult, and only trained specialists were competent to make those distinctions.
John O'Brien, Plant Specialist for the Division of Agriculture, was the next to speak. He said in the mid 1990’s, the United States Office of Technology Assessment released a report which stated the cost of the damage to crops in the country from devastation caused by noxious, non-native weeds was over $7 billion annually. Mr. O'Brien pointed out his agency was involved in the Noxious Weed Action Committee and was in the process of developing a coordinated state weed plan. He explained the real problem with noxious weeds was they competed with native plants and crop production, negatively impacted wildlife and recreation, reduced water availability, and could take all the water out of streams. The most destructive species of noxious weeds, which the agency was continually monitoring and controlling throughout the state, included the following:
Mrs. Segerblom wanted to share with the committee her efforts to eradicate Tamerisk and Salt Cedar from her back yard. She also asked about her neighbor’s dog, which was stung to death by Africanized Honey Bees. Mr. Iverson explained that incident was the result of another neighbor’s effort to eradicate the bees from his back yard, which he did. He chased them into the next person’s yard. A dog died as a result of the attack of the bees. Mr. Iverson stated there was an incident in Boulder City recently in which a huge swarm of bees took over the inside of a house. There were also reports of Africanized Honey Bees making and collecting honey in huge hives, something those bees did not normally do. That was further proof of the insect’s adaptability and hybridization with European domestic honey bees. Mr. Iverson said a 5-year plan had been devised by his agency to handle the bee problem, and educational programs would continue. He thanked the Committee on Natural Resources, Agriculture, and Mining for its continued support of his agency.
The chairman asked how far north the bees had migrated. Mr. Iverson said they had been found as far north as Amargosa Valley. He said his agency would be placing traps in Beatty, Tonopah, and all along the summit. A characteristic of those bees, he added, was that normally bees only swarm once a year. Africanized Honey Bees swarm 8 or 10 times a year. They were always looking for a new place to colonize. They also move very quickly, and Mr. Iverson speculated they would be moving north, freeze in the winter, and starve for lack of food. Clark County, however, was a perfect habitat for them. The chairman told Mr. Iverson he apparently had the problem under control.
Mr. Lee stated the word noxious meant injurious to health. He wanted to know how the weeds Mr. O'Brien had described could affect human health adversely. Mr. O'Brien explained the term noxious in relationship to weeds did not necessarily refer to health issues in humans and animals. The mere presence of certain weeds in natural conditions could jeopardize native plants and the conditions of local ecosystems. However, some weeds could be harmful to humans and animals. For instance, Mr. O'Brien continued, if horses chewed Yellow Starthistle they could contract a neurological disease called chewing disease, which could be fatal to them.
At 3 p.m. Chairman de Braga, along with several committee members, had to leave this hearing for another. Vice Chairwoman Segerblom took over responsibility of the committee.
Mr. Hettrick asked Mr. O'Brien what help the Forest Service provided ranchers in Eureka, Austin, and other areas in the state that rented pastureland from the Forest Service, which had been adversely affected by noxious weeds.
Mr. O'Brien responded, traditionally, the Forest Service had a small noxious weed program in place, and the Bureau of Land Management (BLM) had virtually no program. He added currently, national interest in the issue of noxious weeds had increased at both state and federal levels. Mr. Hettrick added it was frustrating because the Federal Government controlled 83 percent of the State of Nevada. The Federal Government did not want to take care of the land, yet it did not want to give it back to Nevada. Mrs. Segerblom thanked Mr. Hettrick for his comments.
Mr. Claborn asked if the only enemy of both Fire Ants and Africanized Honey Bees was cold weather. Mr. Knight stated many of the options used to control those pests also hurt harmless creatures. He said his agency was actively looking for natural enemies of both Africanized Honey Bees and Fire Ants, including other insects and biological aides. Mr. O'Brien added it might even be possible one imported, exotic pest could cause the demise of another. For instance, it was speculated Fire Ants might be capable of destroying Africanized Honey Bees because of the fact they nested in the ground where they were vulnerable to Fire Ants. Mr. Knight stated prevention, quarantine, and careful selection of what elements were introduced to combat noxious weeds and insects were important elements to keep in mind.
Vice Chairwoman Mrs. Segerblom asked if there were any other questions, and there were none. The meeting was adjourned at 3:15 p.m.
RESPECTFULLY SUBMITTED:
Sharon Spencer,
Committee Secretary
APPROVED BY:
Assemblywoman Marcia de Braga, Chairman
DATE: