The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 3:33 p.m., on Wednesday, April 7, 1999, in Room 2144 of the Legislative Building, Carson City, Nevada. Exhibit A is the Agenda. Exhibit B is the Attendance Roster. All exhibits are available and on file at the Research Library of the Legislative Counsel Bureau.

COMMITTEE MEMBERS PRESENT:

Senator Dean A. Rhoads, Chairman

Senator Lawrence E. Jacobsen, Vice Chairman

Senator Mike McGinness

Senator Mark A. James

Senator Raymond C. Shaffer

Senator Bob Coffin

Senator Maggie Carlton

STAFF MEMBERS PRESENT:

Fred Welden, Committee Policy Analyst

Scott Corbett, Committee Secretary

OTHERS PRESENT:

Chairman Rhoads opened the hearing on Senate Bill (S.B.) 526.

Pete G. Morros, Director, State Department of Conservation and Natural Resources, commented that himself; C. Joseph Guild, Lobbyist, Nevada Cattlemen’s Association; Richie D. Haddock, Lobbyist, Barrick Goldstrike Mines Incorporated; and Russ Fields, Lobbyist, Nevada Mining Association, have agreed on the proposed amended version of S.B. 526 (Exhibit C). Mr. Morros also suggested deleting the end of section 1, subsection 3 that says "The plan must not include language which states or implies that: (a) implementation of a policy or recommendation of the plan is mandatory" of the proposed amended version. Mr. Morros also suggested leaving subsection 5 on page 2 of the bill and adding to the end of subsection 5 the language, " . . . but shall not be bound by any recommendations or provisions of the plan unless formally adopted by such entities."

Mr. Guild said he could agree to these changes because the language in subsection 5 of the bill, as originally written, would have created a mandate and the proposed language change gives sufficient protection to his concerns. Mr. Guild added that from previous testimony the Nevada Farm Bureau suggested that the changes on page 1, lines 3 and 4 of Exhibit C should show an "and" between "development" and "management," and delete "use" on line 4. Mr. Guild reiterated that the Nevada Cattlemen’s Association supports the proposed changes from Mr. Morros as well as the amended version of S.B. 526.

Senator Coffin commented that he thought that "conservation" was going to remain in the bill in section 1, line 3. Chairman Rhoads replied that the committee came to an understanding that "management" should include conservation.

Chairman Rhoads asked Senator James to address the "shall consider" language in section 5, line 12, which was a problem with the concerned parties. Senator James noted that Mr. Morros’ verbage addition in section 5 addresses the mandate issue, but still requires the plan to be considered.

Mr. Haddock pointed out that his concern was section 4 of the bill stated that the State Water Plan was not law; however, section 5 stated that it was mandated and making it a law. Mr. Haddock went on to say that he is satisfied with the proposed changes to the bill.

Mr. Fields stated he supports the proposed changes.

Chairman Rhoads asked Mr. Morros if he had a problem with the word "conservation" being deleted from the bill because of the understanding that it is included in "management." Mr. Morros replied he does not have a problem as long as there is an understanding that conservation is a very important part of water resource management. Chairman Rhoads asked the committee if they were in agreement.

Senator Coffin asked, "How do you know that unless it is defined somewhere else in the statute?" Senator James remarked he did not know why the word "conservation" should be taken out because the plan includes conservation of water. Senator James queried who has a problem with the word "conservation" being included in the bill. Doug Busselman, Lobbyist, Nevada Farm Bureau, remarked, "Our point was conservation is a part of management . . . ." Mr. Busselman continued by saying conservation will always be a part of the State Water Plan, and the word "conservation" does not need to be repeated in the bill, and be inferred that it is outside of management. Chairman Rhoads suggested to the committee that they leave the word "conservation" in the bill and act on the proposed changes.

Chairman Rhoads opened the hearing on S.B. 167.

Daryl E. Capurro, Lobbyist, Nevada Motor Transport Association, stated that the problem with the measure was that the bill drafter was not aware of the uniform program in which Nevada is a participant. Mr. Capurro claimed that he indicated to the bill drafter that the language in the first part of the proposed amendment is directly from the language included in the Hazardous Materials Transportation Act which would bring Nevada law into conformity with federal law.

Chairman Rhoads asked if this bill would have to go to Senate finance committee. Mr. Capurro suggested it would because it was the intent of the highway patrol to adopt language from S.B. 167, as their regulatory language. Chairman Rhoads said there would be no action taken on this measure until the amendment has been drafted.

Chairman Rhoads closed the hearing on S.B. 167 and opened the hearing on S.B. 527.

Terry R. Crawforth, Administrator, Division of Wildlife, State Department of Conservation and Natural Resources, thanked the committee for introduction of this bill on the agency’s behalf. Mr. Crawforth stated concerns have been developed over disease and genetic aspects of the Rocky Mountain Elk through transportation from other states, to Nevada. Mr. Crawforth declared he has approached agriculture and sportsmen entities in regards to removing elk as an alternative livestock, and has met concerns with eliminating the opportunity for private landowners to engage in raising elk as livestock.

Chairman Rhoads asked Mr. Crawforth if each elk is tested for disease that is brought into Nevada. Mr. Crawforth stated they are, and that only one animal has tested positive, which ended up being a false positive. Mr. Crawforth added that Chronic Wasting Disease is a disease that science has not caught up with and has been detected in some private and public herds in the Rocky Mountain States. Mr. Crawforth asserted that there are no operations in Nevada that have elk as an alternative livestock.

Mr. Crawforth stated he is requesting the committee to consider an amendment to S.B. 527, which would leave lines 9, 10 and 11 in the bill and precede this language with "In the year 2005 . . . ." Mr. Crawforth indicated this would allow science to develop tests for the disease and genetic concerns.

Senator Coffin commented that he has received numerous e-mails in regards to this bill. Chairman Rhoads said that he had too, and asked for three letters from the North American Elk Breeders Association (Exhibit D), Oak Point Elk Farm (Exhibit E), and James E. Connelley, Chairman, State Board of Agriculture (Exhibit F), be included in the record.

Bill Bradley, Chairman, Board of Wildlife Commissioners, stated he was present to provide legal support for the department.

Larry Johnson, Director, Nevada Bighorns Unlimited, indicated they supported the bill in its original form, but still support the amended version. Mr. Johnson commented that Nevada Bighorns Unlimited is opposed to elk ranching because of the disease problem related with them. Mr. Johnson stated that since 1991 tuberculosis has been found in 6 Montana game farms, 26 in Alberta, Canada game farms, and 3 in Manitoba, Canada game farms and 4 exposed animals have escaped into the wild.

Chairman Rhoads commented, "Don’t all animals get diseases?" Mr. Johnson replied that these animals are not comfortable with captivity and are subject to greater stress and disease than their wild counterpart. Mr. Johnson added that no matter what precautions are taken these animals will escape and could contaminate the wild herds with disease as well as a hybrid gene pool. Mr. Johnson made the comment, "It ultimately boils down to the benefits that we gain from public wildlife greatly outweigh any benefits of elk ranching."

Ed Wagner, Lobbyist, Nevada Wildlife Federation, spoke from prepared comments (Exhibit G), urging the committee to pass S.B. 527. Mr. Wagner stated that disease in farmed elk could be a real threat to the wild herds in Nevada.

David S. Thain, D.V.M., Chief, Bureau of Animal Industry, Division of Agriculture, Department of Business and Industry, spoke from prepared comments (Exhibit H) in opposition to S.B. 527. Dr. Thain stated he thinks that the concerns with disease and genetic purity are unfounded because of tests that can monitor these concerns, and under the current monitoring validation system these animals cannot be validated and brought into Nevada. Dr. Thain concluded by saying that elk farming could be a viable industry in Nevada.

Chairman Rhoads asked Dr. Thain if he thought Nevada does not have to wait until 2005 because elk cannot be brought into the state anyway, because of the disease validation issue. Dr. Thain stated that if a person wanted to start an elk farm they could not for 4 to 5 years unless new certified tests were developed.

Senator James asked why we would want elk farms, because of all of the domestic animals we already have, and the problems associated with farming a wild animal. Dr. Thain responded by saying well-managed game farms do not have the addressed issues and only existing domestic elk are being farmed while no wild elk are being trapped and put into captivity. Chairman Rhoads commented that he had toured a deer farm in Washington that was run well, with no cruelty.

Senator Coffin inquired of Dr. Thain how the farmed elk are killed. Dr. Thain said that the farms are required to meet the federal guidelines on slaughter equal to that of the cattle and sheep industries.

Senator McGinness asked Dr. Thain if he would be the first contact if someone were to inquire on starting an elk farm in Nevada, and if anyone ever has. Dr. Thain stated that since he started with the division in June 1998 nobody has pursued an elk farm.

C. Joseph Guild, Lobbyist, Nevada Cattlemen’s Association, supports S.B. 527 with Mr. Crawforth’s proposed amendment designating elk as an alternative livestock in the year 2005. Mr. Guild testified he is in favor of any option that a rancher may have to diversify their operation. Mr. Guild pointed out that cattle and domesticated livestock were once also wild animals and the elk being discussed were born into domestication and have not known anything else.

Senator James stated that he does not think it is okay just because we have already domesticated some wild species that it makes it all right to continue. Mr. Guild clarified that these elk are already domesticated along with red deer and stated he does agree with Senator James’ view.

Doug Busselman, Lobbyist, Nevada Farm Bureau, commented that his organization was involved in creating the alternative livestock classifications, and does not have a position on S.B. 527. Mr. Busselman stated that if health and disease issues are a concern with domesticated elk then the same concerns need to be taken with the wild elk being imported into Nevada.

Bill Bradley, Chairman, Board of Wildlife Commissioners, stated this is one of the first times the Nevada Farm Bureau, Nevada Cattlemen’s Association, and sportsmen have all come together for a mutual purpose and supports passage of the bill as amended.

Senator James asked Mr. Bradley if he supports alternative farming. Mr. Bradley stated he understands the ranchers’ position and this is a tough philosophical issue.

Chairman Rhoads closed the hearing on S.B. 527 and opened the hearing on S.B. 330.

David S. Thain, D.V.M., Chief, Bureau of Animal Industry, Division of Agriculture, Department of Business and Industry, referred to the proposed amendment (Exhibit C) that was agreed upon by the committee.

Senator James commented that he agrees with the amendment and it meets his concerns.

Chairman Rhoads opened the hearing on S.B. 510, and commented that Senator James would like to defer action until he has time to look into his concerns.

Fred Welden, Committee Policy Analyst, Research Division, Legislative Counsel Bureau, stated that S.B. 510, as written, would make a violation of the Tahoe Regional Planning Agency’s (TRPA) watercraft regulation a misdemeanor and direct the state’s peace officers to enforce misdemeanor regulations. Mr. Welden commented that in previous testimony law enforcement made it clear that they did not want to be told they have to enforce these TRPA regulations, and proposed an amendment (Exhibit C).

Senator James stated he has a concern in passing a law that makes the actions of the bi-state planning agency (TRPA), criminal laws in Nevada, and does not know of any precedent to this situation. Senator James clarified that there is no way he could support this bill.

James W. Baetge, Executive Director, Tahoe Regional Planning Agency, stated their main objective is not to have duplicate enforcement from the different law enforcement areas on Lake Tahoe. Mr. Baetge commented that there had been a question on the legality of the language in the bill with "shall enforce" or "may enforce."

Ron Pierini, Sheriff, Douglas County, presented a proposed amendment (Exhibit I) that addresses the issues discussed in previous testimony. Sheriff Pierini stated they would like to see these violations as an infraction instead of a misdemeanor because the fining process would work better and there would be annual inspections of the watercraft so people are not always being stopped. Sheriff Pierini also noted they would like written documents for law enforcement watercraft to be exempted from these regulations, during certain holidays or disasters, for enforcement. Sheriff Pierini concluded that they do not think this should become law until 2001 because there is no way they could conform or be a part of this until the logistics are worked out, and he believes this should be treated like the seat belt law.

James F. Nadeau, Lobbyist, Washoe County Sheriff’s Office, stated that if the TRPA regulations become state law under Nevada Revised Statutes chapter 488, then they will become enforceable.

Chairman Rhoads closed the hearing on S.B. 510.

Chairman Rhoads adjourned the meeting at 4:30 p.m.

RESPECTFULLY SUBMITTED:

Scott Corbett,

Committee Secretary

APPROVED BY:

Senator Dean A. Rhoads, Chairman

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