MINUTES OF THE

SENATE Committee on Natural Resources

 

Seventy-First Session

April 9, 2001

 

 

The Senate Committee on Natural Resourceswas called to order by Chairman Dean A. Rhoads, at 2:10 p.m., on Monday, April 9, 2001, 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 W. Welden, Committee Policy Analyst

Heather Miller, Committee Secretary

 

OTHERS PRESENT:

 

Doug Busselman, Lobbyist, Nevada Farm Bureau

Gregg Tanner, Bureau Chief, Game Management, Division of Wildlife, State Department of Conservation and Natural Resources

C. Joseph Guild III, Lobbyist, Nevada Cattlemen’s Association

Larry Johnson, Representative, Nevada Wildlife Coalition

Donnell Richards, Chairman, Citizen’s Committee

Ron Skinner, Sheriff, Pershing County

Andrew A. List, Lobbyist, Nevada Association of Counties

 

 

Chairman Rhoads opened the hearing on Senate Bill (S.B.) 467.

 

SENATE BILL 467:  Requires board of wildlife commissioners to establish maximum number of deer and antelope tags which may be issued annually as compensation for damage to private property. (BDR 45-1224)

 

Doug Busselman, Lobbyist, Nevada Farm Bureau, testified in favor of S.B 467.  Mr. Busselman then read from a prepared statement (Exhibit C). 

 

Senator Carlton asked Mr. Busselman if the wildlife tags are free for citizens with damaged property.  Mr. Busselman answered the landowners are required to pay for the tag, but the tags are made available to the landowners, who may use or sell the tag if they wish.  Senator Carlton asked Mr. Busselman how much the tags cost.  Mr. Busselman responded he thought they were $50 each.  Senator Carlton asked if the number of tags issued would be based on deer and antelope population size.  Mr. Busselman affirmed they would be.  Senator Carlton asked Mr. Busselman if he knew whether it was legal to sell the tag at a marked-up price.  Mr. Busselman answered there is no requirement in statute or in regulations that dictate what price the landowner must sell the tag.   

 

Gregg Tanner, Bureau Chief, Game Management, Division of Wildlife, State Department of Conservation and Natural Resources (SDCNR), testified in support of S.B. 467, as currently drafted.  Mr. Tanner said the SDCNR thinks the tag program has been very successful. 

 

Senator Jacobsen asked Mr. Tanner for some background on how the Division of Wildlife counts deer and antelope in the wild.  Mr. Tanner explained the Division of Wildlife uses helicopters and night counts (following the animals at night with spotlights) when monitoring herds.  Senator Jacobsen asked Mr. Tanner if there were any abuses in the tag system.  Mr. Tanner replied there are some opportunities for abuse, but they are the law enforcement’s responsibility. 

 

C. Joseph Guild III, Lobbyist, Nevada Cattlemen’s Association, testified in support of S.B. 467.

 

Larry Johnson, Representative, Nevada Wildlife Coalition, testified in support of S.B. 467, stating the cooperation of all groups present would make the tag program a successful endeavor. 

 

Chairman Rhoads closed the hearing on S.B. 467 and opened the hearing on S.B. 532.

 

SENATE BILL 532:  Revises provisions governing fencing of certain land that is used to graze or herd livestock. (BDR 50-1168)

 

Donnell Richards, Chairman, Citizen’s Committee, testified in favor of S.B. 532, stating it will remedy the cattle tramp problem in the Humboldt and Pershing Counties.  Mr. Richards referred to a handout provided for the committee containing maps and newspaper articles about cattle trespass onto private land (Exhibit D).  Mr. Richards explained some cattle owners allow their herds to wander into private lands, where the cattle overgraze the area, cause damage to yards and gardens, and violate other ranchers’ water rights.  Mr. Richards explained enforcement was a problem with these trespassing ranchers.  He said he asked the courts and district attorneys in these counties for help, and they cited the open range law as grounds for those ranchers.  He said the courts also worried about liability. 

 

At Chairman Rhoads’ request, Mr. Richards explained the ramifications of S.B. 532, should it pass.  He said S.B. 532 requires the enclosure of private land with a legal fence to stop any would-be trespassing herds from leaving the property and entering other private lands.  Mr. Richards stated another amendment should be added which requires the rancher to own, lease, or control the private land being fenced.  

 

Ron Skinner, Sheriff, Pershing County, testified on the enforcement of S.B. 532, should it pass.  He said the trespassing animals, when caught, would be subject to stray penning, and possibly a civil penalty would be dealt to the rancher, depending on how much damage the animal caused. 

 

Chairman Rhoads asked Sheriff Skinner if this was only a problem in the Humboldt and Pershing Counties.  Sheriff Skinner said this problem dotted the whole state, but it is usually in smaller numbers than those two counties. 

 

Mr. Richards suggested another amendment be added that suggests the land must be controlled by either a rancher or custodian. 

 

Mr. Busselman testified again, this time to support S.B. 532, stating this legislation will address the growing concern of the abuse of the open range law.  He then read from a prepared statement (Exhibit E). 

 

Andrew A. List, Lobbyist, Nevada Association of Counties, testified in support of S.B. 532, also stating its passage would stem the abuse of the open range law. 

 

Mr. Guild came forward again to testify in support of S.B. 532.

 

Senator Jacobsen asked who is responsible for the upkeep of these fences once they are installed for the ranchers.  Mr. Guild answered the ranchers were responsible for the drift fences once they are in place. 

 

Chairman Rhoads closed the hearing on S.B. 532 and asked for a motion on S.B. 467.  

 

 

SENATOR JAMES MOVED TO DO PASS S.B. 467. 

 

SENATOR JACOBSEN SECONDED THE MOTION.

 

THE MOTION CARRIED UNANIMOUSLY.

 

*****

 

The meeting was adjourned at 3:00 p.m.

 

 

RESPECTFULLY SUBMITTED:

 

 

 

Heather Miller,

Committee Secretary

 

 

APPROVED BY:

 

 

 

                       

Senator Dean A. Rhoads, Chairman

 

 

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