Assembly Bill No. 296–Assemblyman Carpenter

February 22, 1999

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Referred to Committee on Natural Resources,
Agriculture, and Mining

 

SUMMARY—Requires board of wildlife commissioners to make certain revisions to criteria for issuance of special incentive elk tags. (BDR 45-716)

FISCAL NOTE: Effect on Local Government: No.

Effect on the State or on Industrial Insurance: No.

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EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted. Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

 

AN ACT relating to wildlife; requiring the board of wildlife commissioners to make certain revisions to the criteria for the issuance of special incentive elk tags; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

1-1 Section 1. NRS 502.142 is hereby amended to read as follows:

1-2 502.142 1. The commission shall adopt regulations to establish a

1-3 program pursuant to which the division will issue special incentive elk

1-4 tags. The regulations must:

1-5 (a) Set forth the application and annual review processes for the

1-6 issuance of special incentive elk tags.

1-7 (b) Require that an application for a special incentive elk tag must be

1-8 accompanied by:

1-9 (1) The fee charged for an elk tag pursuant to NRS 502.250; and

1-10 (2) Any administrative fee charged in connection with the issuance of

1-11 an elk tag pursuant to this chapter.

1-12 (c) Provide for the issuance of a special incentive elk tag only to a

1-13 person who:

1-14 (1) Lawfully owns, leases or manages private land within an actual

1-15 elk use area; and

2-1 (2) If that private land blocks reasonable access to adjacent public

2-2 land, provides reasonable access through the private land to allow a person

2-3 or hunting party possessing a valid elk tag to hunt elk on the adjacent

2-4 public land.

2-5 (d) Establish criteria for the issuance of special incentive elk tags based

2-6 upon:

2-7 (1) The [percentage of private land controlled by the applicant;

2-8 (2) The portion of the population of elk above the target level for elk

2-9 established by the land management agency; and

2-10 (3)] number of elk using private land controlled by the applicant;

2-11 (2) The number of days the elk use private lands of the applicant in

2-12 a calendar year;

2-13 (3) The total number of elk; and

2-14 (4) Limiting the number of special incentive elk tags issued in each

2-15 calendar year to not more than one-half of the bull elk tags issued in that

2-16 calendar year,

2-17 within the actual elk use area in the unit or units of the management area or

2-18 areas in which the private land is located.

2-19 (e) Provide that special incentive elk tags are valid for both sexes of elk.

2-20 (f) Prohibit a person who has, within a particular calendar year, applied

2-21 for or received compensation pursuant to NRS 504.165 as reimbursement

2-22 for damage caused by elk to private land from applying, within the same

2-23 calendar year, for a special incentive elk tag for the same private land.

2-24 (g) Allow a group of owners, lessees and managers of private land to

2-25 qualify for a special incentive elk tag for their combined lands.

2-26 (h) Ensure that the issuance of special incentive elk tags will not result

2-27 in the number of bull elk tags issued in any year being reduced to a number

2-28 below the quota for bull elk tags established by the commission for 1997.

2-29 (i) Provide that a person to whom a special incentive elk tag is issued by

2-30 the commission pursuant to this section may:

2-31 (1) If he holds a valid hunting license issued by this state, use the

2-32 special incentive elk tag himself; or

2-33 (2) Sell the special incentive elk tag to another person who holds a

2-34 valid hunting license issued by this state at any price upon which the

2-35 parties mutually agree.

2-36 (j) Require that a person who is issued a special incentive elk tag must

2-37 hunt:

2-38 (1) During the open season for elk.

2-39 (2) In the unit or units within the management area or areas in which

2-40 the private land is located.

2-41 (k) Provide for the appointment of an arbitration panel to resolve

2-42 disputes between persons who apply for special incentive elk tags and the

2-43 division regarding the issuance of such tags.

3-1 2. As used in this section, "actual elk use area" means an area in which

3-2 elk live, as identified and designated by the division.

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