MINUTES OF THE meeting
of the
ASSEMBLY Committee on Natural Resources, Agriculture, and Mining
Seventy-First Session
February 7, 2001
The Committee on Natural Resources, Agriculture, and Miningwas called to order at 1:30 p.m., on Wednesday, February 7, 2001. 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
Mr. Tom Collins, Vice Chairman
Mr. Douglas Bache
Mr. David Brown
Mr. John Carpenter
Mr. Jerry Claborn
Mr. David Humke
Mr. John J. Lee
Mr. John Marvel
Mr. Harry Mortenson
Mr. Roy Neighbors
COMMITTEE MEMBERS ABSENT:
Ms. Genie Ohrenschall (Excused)
GUEST LEGISLATORS PRESENT:
None
STAFF MEMBERS PRESENT:
Linda Eissmann, Committee Policy Analyst
June Rigsby, Committee Secretary
Linda Nary, Committee Secretary
OTHERS PRESENT:
Paul Iverson, Director, Nevada Department of Agriculture
Robert Gronowski, Administrator, Plant Industry, Nevada Department of Agriculture
Dawn Rafferty, Invasive Weeds Specialist, Nevada Department of Agriculture
Jeff Knight, State Entomologist, Nevada Department of Agriculture
Dr. David Thain, State Veterinarian, Nevada Department of Agriculture
Dr. Shouhua Wang, Plant Pathologist, Nevada Department of Agriculture
Stephanie D. Licht, Elko County
Santana Garcia, Southern Nevada Water Authority
Doug Busselman, Nevada Farm Bureau
Wayne Asher, Intern, Attorney General
Chairman de Braga called the Assembly Natural Resources, Agriculture, and Mining Committee to order. Roll was called. All members were present except for Assemblywoman Ohrenschall who was noted as an excused absence.
Chairman de Braga opened with an introduction of new members, Mr. Brown and Mr. Collins. This was followed by a reading and discussion on the adoption of Standing Rules of the Assembly Committee on Natural Resources, Agriculture, and Mining (Exhibit C). There were no questions, and the Chairman entertained a motion for passage.
ASSEMBLYMAN MARVEL MOVED TO ADOPT THE RULES.
ASSEMBLYMAN HUMKE SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
Following the introduction of committee staff, Chairman de Braga called upon Linda Eissmann, Policy Analyst, Legislative Counsel Bureau, to give an overview of the Committee Brief for Natural Resources (Exhibit D). This document was prepared as a combined report for both the Senate and Assembly Committees on Natural Resources. Ms. Eissmann commenced with a review of the 1999 session. The Assembly Committee on Natural Resources, Agriculture, and Mining heard 65 bills and resolutions, of which 51 were passed and signed into law. Ms. Eissmann next directed the committee to page 6 for a summary list of anticipated issues facing the committee. Ms. Eissmann reminded the members of the 120-day calendar and the four key dates that have been highlighted.
Chairman de Braga respectfully requested that the committee members arrive on time and be present, especially for voting. Members were asked to notify the Chair or the committee secretary of any planned absence. Notice of a member’s change of vote between the time of the committee meeting and the vote on the floor of the Assembly would be appreciated.
Chairman de Braga introduced and welcomed Paul Iverson, Director of the Nevada Department of Agriculture.
Mr. Iverson gratefully acknowledged the ongoing support of the committee. An overview of significant events, programs, and accomplishments, since the 1999 session, was presented. Mr. Iverson introduced the members of his staff in attendance.
Bob Gronowski, Administrator, Division of Plant Industry, Nevada Department of Agriculture, commenced his presentation with an overview of the Invasive Species Council, described as an interagency coordinating body whose purpose had been to develop plans and programs for prevention, detection, and management of invasive species for Nevada. A Web site had been developed to facilitate the reporting of suspected invasive species, and a public service announcement featuring Governor Guinn had been planned for broadcast.
Prevention, detection, and rapid response were described by Mr. Gronowski as key elements in the containment of invasive pests. Mr. Gronowski highlighted this point with a description of the border and highway inspection project. Nursery stock transported by vehicles into the state had been determined to be the chief means of introducing pests. Prior to program implementation, inspection of vehicle certificates and permits yielded only 50 percent compliance with the law. With rigorous enforcement at border stations, that figure had been raised to an impressive 99 percent during the past year.
Mr. Gronowski outlined the second most significant method of pest control, the inspection of nursery stock. More than 1,000 plant nurseries were inspected in Nevada, with two-thirds being in Las Vegas.
Mr. Gronowski next outlined four serious plant diseases that had entered the United States. The first described was sudden oak death, which had no cure and an unknown method of transmission. It had been introduced to California and the northern counties, and Mr. Iverson emphasized that it would be a situation that needed close monitoring.
The second disease described by Mr. Gronowski was the potato wart, a bacteria species native to Canada and one that could survive in the soil for 40 years. With no known cure, it had the potential to obliterate potato crops, a cause of significant concern for the potato-producing areas of Nevada. The economic impact could be severe. There had been serious efforts made by both the U.S. and Canada to quarantine contaminated potato products.
Mr. Marvel asked if the potato wart had been detected in Winnemucca potatoes. Mr. Gronowski responded that, to date, none had been found. It had been isolated to Prince Edward Island in Canada and under excellent control. It was imperative therefore that Nevada not let its guard down.
The third disease described by Mr. Gronowski was plum pox, an European virus that had invaded Pennsylvania orchards of peaches and plums. All were plowed under or burnt as remedial containment. It could affect almonds and other stone fruits, which would make it a threat to prune orchards in Fallon.
The fourth disease presented was day lily rust, which had impacted South Carolina. Nursery stock in both northern and southern Nevada would be surveyed for this rust disease.
Mr. Carpenter posed a question about surveillance of nurseries in the Elko area. Mr. Gronowski replied that their agency in the Winnemucca office conducted inspections in that area.
Mr. Carpenter asked for clarification about the day lily rust; specifically about its prevalence in Nevada. Mr. Gronowski advised the committee that it had not been detected in Nevada and was known only in certain areas. He noted that it would be the subject of a national study in the near future.
Dawn Rafferty, Invasive Weeds Specialist with the Nevada Department of Agriculture, next presented an update of the Invasive Weeds Program. Ms. Rafferty reported that a five-year action plan, the Nevada State Weed Plan, was completed last year and had been in the implementation phase. The plan had been designed to serve as a guide to prevention, control and eradication of noxious weeds that had been determined to be priorities for Nevada. Because weeds knew no boundaries, several interstate and inter-county cooperative efforts had commenced. An example cited was the yellow star thistle control project between Douglas County and the California areas of El Dorado County and Alpine County. This trend of cooperative weed management programs was predicted to continue into other areas of Nevada, including Washoe County.
Ms. Rafferty highlighted the Cooperative Weed Management Program, a joint project between the Department of Agriculture and the Department of Transportation. More than 100 miles of Nevada highways were sprayed last year in an attempt to control noxious weeds. Geographical survey crews, that would plot weed sites geographically, had been slated as an addition to this effort.
Ms. Rafferty next described two programs of particular importance. The first was the African rue eradication project south of Fallon. Although considered to be a rare weed in Nevada, there had been one site south of Fallon that had been identified and was now under scrutiny and treatment.
The dyer’s woad pull project in the Spring Creek area of Elko was the final example. Now in the fourth year this project had been manned by volunteers who pulled weeds as a control method. It could be considered not an eradication method. It could serve as a pilot project for other areas of Nevada.
Mr. Carpenter requested clarification about the African rue, specifically the identifying colors and characteristics as well as locations. Ms. Rafferty described the African rue as being very bright green with white flowers and very visible along Highway 95 north of Fallon. Mr. Carpenter further inquired about how widespread this weed had become.
Present since the 1970’s, Ms. Rafferty clarified the spreading had not been considered a significant problem. Every area detected had been treated, with five acres being the largest single site.
Ms. Rafferty continued with the explanation of new threats which included: Salvinia molesta, Syrian bean caper, and rush skeleton weed. Salvinia was described as an aquatic weed, currently not in Nevada but having caused serious problems in Arizona and California waterways. The Syrian bean caper had been detected south of Fallon and had been a larger problem in nearby California. The rush skeleton weed had been recently detected in Douglas County along the highway, and the area was treated. A method of biological control highlighted by Ms. Rafferty was the release of the seed head weevil for weed control of the yellow star thistle. A beetle that controlled tamarisk had been slated for release in the spring 2001.
Chairman de Braga inquired about requests for program funding and efforts to educate the public. Ms. Rafferty replied that no requests for new funding were planned. She testified that the Nevada Weed Action Committee had focused on the educational mission. Many other federal and state agencies contributed to this effort.
Chairman de Braga requested clarification about the efficacy of weed burning. Ms. Rafferty stated that it had worked only for a select number of weeds, however not for the majority.
Mr. Marvel asked about the newest weeds that had invaded the burn areas of northern Nevada. Ms. Rafferty confirmed the presence of new growth in the burn areas; however there had been no evidence of the invasion of the newer noxious weeds.
In response to Mr. Mortenson’s request on the categorization of weeds as noxious, Ms. Rafferty stated that noxious weeds had been formally judged to be harmful and had been placed on a list. Some weeds were invasive through sheer volume (e.g. cheat grass), however not noxious. Some weeds had been judged to be poisonous, while others had been known to destroy entire eco-systems and impact soil erosion and water quality.
Mr. Collins requested clarification on the release of the leaf beetle to control tamarisk and whether it would devour other plants. Ms. Rafferty deferred to Jeff Knight’s upcoming testimony.
Jeff Knight, State Entomologist, presented an overview of insect pests of concern to Nevada and the biological control programs that had been implemented. One of the most positive programs had been the national program for the biological control of salt cedar. It was first started in Nevada in 1996, utilizing a Chinese beetle known to be host-specific to tamarisk. Plans for 2001 were described as including the full release of the beetle, accompanied by full monitoring over the next five to ten years.
Host specificity was emphasized by Mr. Knight as a key to biological-control programs for weeds. More insects would be investigated for future control efforts in the field. The actual number of defoliations required to kill the salt cedar would need to be determined. The expected impact had been projected at between 50 percent and 70 percent.
Mr. Knight continued with an update on the Africanized honey bee migration from extreme southern Nevada to as far north as Caliente.
Chairman de Braga interjected with a question regarding the movement of the bees since their initial detection in the Laughlin area. Mr. Knight described this insect as a tropical bee capable of slowly adapting to colder climates. Migration was a problem since the Africanized honey bee could be also be transported by various means, including trucks and pipelines. Mr. Knight assured the committee there was continuous tracking of the northward movement, as well as a public education emphasis in the Las Vegas area.
Mr. Iverson interjected with a report of a recent stinging incident at The Lakes in Las Vegas. Two dogs were victimized, with one having sustained more than 1,000 stings. The location of the hive was reported to have been inside the chimney of a house. The bees were described as being capable of moving rapidly, building large nests (e.g., 4’ x 8’ with 45 pounds of cone and 20,000 bees). Mr. Iverson warned that movement of the bees on a northward path could be expected in the near future after a dormant, winter period.
Mr. Iverson responded to a question from Mr. Marvel about the methods of eradication, such as spraying. Mr. Knight explained that, because insecticides aggravated the bees, pest control efforts had focused on environmentally-sound methods, for example soap and water. Foam had become the method of choice.
Mr. Knight resumed testimony and emphasized that educating the public on the need to be vigilant and protective of home areas would be essential.
Mr. Knight next reported on the red imported fire ant, identified in five sites during 1999 and four sites in 2000. Three of the four sites were in nurseries. Surveying efforts of all nurseries and newly landscaped areas by the Agriculture Department had been significant, with more than 7,000 traps being set in 2000. Potato chips in food cups and film canisters had become the principal process for trapping.
In response to a question from Mr. Marvel, Mr. Knight addressed the problem of eradication. Compared to Africanized honey bees, eradication of the fire ant could be described as akin to nuclear war. Quarantine of the site was the essential first step. This would be followed by a three-step chemical spraying process that would ultimately shut down reproduction via a systematic killing of the workers and the queen. The method could be effective if instructions had been followed.
In response to a question from Mr. Marvel regarding animal deaths and human bites, Mr. Knight reported there had been no serious human incidents. There had been cases of agriculture employee exposure. Animals were at the highest risk. The red imported fire ants had been known to kill calves, fawn deer, and ground-nesting birds. Texas was cited as an example of an area which experienced an invasion of fire ants. It was reported that there were significant environmental issues and economic impacts, with treatment costs of $80-$200 per yard.
Mr. Knight concluded his formal presentation with a list of additional pests that were under survey: the pine shoot beetle, the Asian longhorned beetle, the pink hibiscus mealybug, the channeled apple snail, the glassy winged sharpshooter, and the Japanese zelkova eriophyid mite. The latter, known to inhabit Florida, had been a growing concern in Nevada due to the extensive importation of plant material to Las Vegas from Florida. Regarding the glassy winged sharpshooter, it was noted to be of concern due to our close proximity to California where it had wreaked havoc on the wine industry.
Mr. Collins requested information on the adequacy of employee staffing and funding. Mr. Knight explained that the greatest challenge had been the seasonal nature of the work. An increase in staff had been essential during the months of May through September. Some federal programs had supplemented their effort. With more than 300 sites to survey in Las Vegas, a doubling of staff had been projected for the future. The need to fund public education was highlighted by Mr. Knight, with the Extension Service assisting in this area.
Mr. Knight responded to a concern voiced by Mr. Collins about the protection of plant nurseries in his area. Despite a surveying of all nurseries, Mr. Knight expressed the caveat that not all plants came through nurseries. An amazing volume of plant material for landscaping had been brought into Las Vegas directly to the site, bypassing nursery operations. The addition of staff was critical to the success of inspection efforts.
Mr. Knight responded to a question posed by Mr. Collins on the subject of vehicle inspections at port-of-entries by agricultural agents. Although effective, Mr. Knight explained that this was only a partial remedy. Surveying of landscaped sites and nurseries was the essential process.
Mr. Iverson interjected with his grateful acknowledgement of the additional funds made available by the Nevada Legislature for hiring survey workers, such as nursery inspectors, pest control testers, and public educators. Mr. Iverson added that law enforcement in the form of border patrols and port-of-entry inspectors would enable the implementation of a proactive effort. Having the ability to quarantine shipments and turn back vehicles would be critical to the containment of invasive species in the state.
In response to a question from Mr. Marvel regarding licensing of nurseries, Mr. Iverson responded that licensing fees had been in place for plant nurseries, with a significant increase in fees this year. Those fees had been dedicated to cover the cost of inspections.
Dr. Thain, State Veterinarian, commenced testimony with an overview of issues and a review of the animal and zoonotic diseases of current interest to Nevada. Those included anthrax, foot and mouth disease, mad cow disease, and Escherichia coli bacterial food contamination. There were cases of anthrax reported this past summer in Nevada. Outbreaks of foot and mouth disease had been reported in South America, which caused great concern about the possibility of it being spread to the United States. Mad cow disease and Escherichia coli food contamination had continued to be of growing concern in this country, however not as yet present.
Dr. Thain elaborated further on anthrax and described site remediation efforts that followed the outbreaks. Cases were reported in Gerlach and Reno, where animal carcasses were buried and/or incinerated with napalm at the site. Anthrax outbreaks could be complicated by public confusion over the distinction between the anthrax species that was a laboratory-cultivated, bio-terrorist weapon as opposed to the species which had been found in nature. Follow-up survey work of residual spore loads was reported to be in progress.
In response to a question from Chairman de Braga regarding carcass disposal options, Dr. Thain emphasized the key to burying was that it must be done immediately and with a large amount of quick lime. Incineration was reported as the preferred method, however, the fire season in Nevada coincided with the anthrax season. Dr. Thain clarified a point made by Mr. Marvel regarding the incineration temperature, stated to be estimated at 230 degrees for successful spore killing.
Dr. Thain continued with an update on the unexpected outbreak of foot and mouth disease in South America last year and added that Oregon was importing dairy heifers at this same time. In Nevada, an outbreak could potentially have a devastating impact before it was contained. Early detection, adequate staffing, and strict import laws must be in place to protect Nevada cattle.
A key preventative measure regarding mad cow disease, as reported by Dr. Thain, was to avoid feeding ruminant byproducts to cows and sheep. Fortunately, this problem had been under control in the U.S., primarily due to the strict enforcement of regulations.
Chairman de Braga requested clarification on the possibility of milk contamination. Dr. Thain reported it could be a problem in both beef and milk; however mad cow disease typically developed in cattle that were five or six years of age. Because of this fact, monitoring efforts had been focused on this age category of cattle. Most cows for slaughter had been too young to develop the disease. Dr. Thain cited a case in Texas in which Purina had mixed ruminant byproducts with cow feed. The error was detected before harm was done, and the problem was remedied with no residual effects.
On the subject of chronic wasting disease in elk, Dr. Thain explained that it could be similar to mad cow, but it had not yet been linked to human cases. Already detected in Colorado and Wyoming, Dr. Thain re-emphasized the need to protect Nevada’s elk herds from this disease.
Dr. Thain, in response to a question from Mr. Carpenter regarding the monitoring of dairy cows, clarified that beef for slaughter might be carriers but would not necessarily exhibit neurological signs of the disease. Symptoms were reported as taking three to six years to develop into the disease. These older animals had received much greater scrutiny and monitoring in Nevada.
Dr. Thain, in response to Mr. Carpenter’s question on testing, reported that the Department of Agriculture did not have an easy test or a live animal test. Observation of neurological signs in live animals had been considered key to detection.
Mr. Carpenter requested elaboration on the safety of milk. Dr. Thain indicated that the disease would not be shed in sufficient quantities in milk to present a problem. No link had been established so far. Meat with large neural mass, for example bone or brain material, would be at higher risk to carry the disease.
Mr. Carpenter posed a question on chronic wasting disease in elk. Dr. Thain clarified that his photo exhibit of the Nevada elk was not related to an incident of the disease. The photographic slide was meant to highlight the value and beauty of the Nevada elk.
Dr. Thain continued with an overview of a cooperative project between several county and state agencies, called the coyote plague survey project. Identification of areas with reported cases of infected coyotes had helped direct efforts toward early notification of the public and initiation of monitoring efforts.
Dr. Thain next updated the committee on rabid bats, a reportable problem in Las Vegas (e.g., parking garages) in recent years. Although only 5 percent of the bat population had been determined to be positive for rabies, public education had been judged as the essential element of containment and safety, especially in regard to domestic cats and dogs.
The last disease presented for review by Dr. Thain was trichimoniasis, primarily a venereal disease in cattle. A review committee would be assembled for the purpose of drafting controls and regulations for this disease. Trichimoniasis would present a much greater challenge to control and eradicate, warned Dr. Thain. Vaccination and treatment options have been determined to be expensive and complicated.
Mr. Mortenson asked for clarification on the threat of trichimoniasis to humans and the method of transmission between animals. Dr. Thain stated it had not been a human problem, but could devastate an entire herd of cattle. In terms of transmission, Dr. Thain reported that it was a sexually transmitted disease.
Paul Iverson, Director of the Department of Agriculture, presented an overview on the estray horse project in northern Nevada. Acknowledgement was made to the committee for their support in past years to address this issue. Because of the close proximity of estrays to residential areas, they had been deemed to be a nuisance and, more importantly, a health problem. Public sentiment, which covered the spectrum from love to hate, had to be factored into efforts to control the horse population. Estray horses had been declared to be property of the state of Nevada.
The Virginia Range Management Program, the horse adoption program, had been judged to be successful, with more than 200 horses placed in the last three years. Holding facilities had been built at the state prison which enabled the inmates to participate in the care of 80 horses awaiting adoption. Cooperative efforts between the community college, the Nevada prison system, and the Department of Agriculture had added greatly to the success of the horse adoption program.
Mr. Lee requested distinction between feral (wild) horses and estrays (wandering). Mr. Iverson clarified that each was a distinct type, and each was treated separately. It had been believed by many that every horse in the state was, at one time, a feral horse. A recent comprehensive habitat study revealed that, under the Virginia Range Management program, up to 550 horses could be maintained without containment on the mountain.
Chairman de Braga commented on the great success of the program and that the Bureau of Land Management (BLM) may want to expand the program at the prison. Chairman de Braga expressed concern over maintaining the success of the state program since the BLM programs had been known to be less successful. It would be imperative that the state of Nevada was guaranteed that both management and funding would continue without change in order to continue with the current success.
Mr. Iverson agreed that the situation had been complicated by the fact that both the state of Nevada and the BLM operated horse adoption programs. In way of distinction, Mr. Iverson reported that the state had several advantages, including a specific timeline for adoption as well as interest groups that worked to get the horses adopted. An invitation was extended to the committee to visit the prison and observe the inmates and horses.
In response to Mr. Carpenter’s inquiry regarding the success of a recent animal sale, Mr. Iverson reported that the sale was very successful. The winter season was not an ideal time; however all horses were adopted, with sale prices that ranged from $125 to $300 per horse.
Mr. Carpenter requested an update on the horse facility at the Ely prison. Mr. Iverson reported that the program had been in the planning stages. Two holding facilities had been planned for construction, one being in Elko. The state, unlike BLM, could not hold horses indefinitely due to costs.
Chairman de Braga reiterated her concern with BLM and the potential risks to the viability of the state program. Mr. Iverson reassured the committee that the state program, although not a big money maker, had been extremely beneficial to Nevada as well as to the prison inmates. The program would continue to be a priority with the Department of Agriculture.
With no further questions, Chairman de Braga turned to committee business, with discussion of a bill that required committee introduction. BDR 49-744 revised provisions governing conservation districts. The Attorney General had issued an opinion that stated conservation districts could not accept donations that were not from government sources. This bill counteracted the opinion of the Attorney General and allowed donations from outside sources.
The Chairman called for a motion.
ASSEMBLYMAN MARVEL MOVED FOR AN INTRODUCTION.
ASSEMBLYMAN CARPENTER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
Chairman de Braga announced the dates of the Natural Resources Committee leukemia hearings. The Assembly Committee on Health and Human Services had been invited to participate. A subcommittee would be appointed for those days when a quorum would not be present. Many experts had been invited to testify, and the committee was urged to read the background material. The leukemia cluster in Fallon was very unique and defied the statistical odds for a random event.
Mr. Claborn remarked on his review of recent news articles on the Fallon leukemia cluster and the prominence of arsenic as a possible agent.
Chairman de Braga stated that Fallon’s arsenic levels clearly exceeded the national standards and, although causal connections had been made to some forms of cancer, arsenic had not been linked specifically to leukemia. It was established, however, that arsenic would adversely affect the immune system and bone marrow.
Mr. Claborn shared additional comments about the news media attention and some assumptions being made.
Chairman de Braga confirmed that the media attention had been fairly extensive. As the investigation unfolded, Fallon would have to balance the welfare of their children with the image of the community.
Mr. Mortenson asked for clarification on the number of schools with affected children and possible common denominators among the sick children.
Chairman de Braga noted the only common denominator found to date in the investigation was the residency of the victims in the Fallon area during a five-year period, 1995-2000.
Chairman de Braga announced the upcoming Land Use Summit which would be on February 23 and 24 in Carson City. Committee members were urged to attend.
There was no further business before the committee, and the meeting was adjourned at 3:29 p.m.
RESPECTFULLY SUBMITTED:
June Rigsby
Committee Secretary
APPROVED BY:
Assemblywoman Marcia de Braga, Chairman
DATE: