MINUTES OF THE
SENATE Committee on Natural Resources
Seventy-second Session
April 9, 2003
The Senate Committee on Natural Resources was called to order by Chairman Dean A. Rhoads, at 1:42 p.m., on Wednesday, April 9, 2003, 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 Mike McGinness, Vice Chairman
Senator Raymond C. Shaffer
Senator Mark Amodei
Senator Bob Coffin
Senator Michael Schneider
Senator Maggie Carlton
STAFF MEMBERS PRESENT:
Fred Welden, Committee Policy Analyst
Gina Rasner, Committee Secretary
OTHERS PRESENT:
John T. Moran, Chairman, Board of Wildlife Commissioners
Terry R. Crawforth, Administrator, Division of Wildlife, Department of Conservation and Natural Resources
Bill Bradley, Board of Wildlife Commissioners
Larry Johnson, Director, Nevada Big Horns
Gilbert A. Yanuek
Michael J. Hornbarger, President, Nevada Outfitters and Guides Association
Todd Schwanet, Vice President, Nevada Outfitters and Guides Association
Gary Lent, Nevada Hunters Association
Peter Lipkopoklos, Nevada Outdoorsman
Tony Hart
Jim Snyder, Nevada Garlic and Onion Growers Advisory Board
Don Henderson, Acting Director, State Department of Agriculture
Chairman Rhoads opened the hearing on Senate Bill (S.B.) 420.
SENATE BILL 420: Makes various changes relating to Division of Wildlife of State Department of Conservation and Natural Resources. (BDR 45-1254)
John T. Moran, Chairman, Board of Wildlife Commissioners, testified in favor of S.B. 420. He said the Board of Wildlife Commissioners also had support from the various county advisory boards (Exhibit C).
Terry R. Crawforth, Administrator, Division of Wildlife, Department of Conservation and Natural Resources, gave a PowerPoint presentation on the Division of Wildlife (Exhibit D. Original is on file in the Research Library.).
Chairman Rhoads referred to the Consumer Price Index (CPI). He asked Mr. Crawforth what the reason was for the increase in fees. Mr. Crawforth said the game boards and sportsmen of Nevada preferred to have a small incremental increase versus a large increase.
Senator McGinness asked about the rationale behind having an upland game stamp and whether the stamp was part of the Sage Grouse Conservation Program. Mr. Crawforth said by hunting sage grouse in Nevada there could be some expenditure made on behalf of the Sage Grouse Conservation Program. There were other programs in effect that had an impact on upland game. Mr. Crawforth said the Division of Wildlife had depleted funds to continue those programs at levels they would like to operate. The upland game fees would go toward the operation of those programs.
Senator Carlton said she had a problem with the CPI. Fee increases should be a part of a regulatory process. She said it should be an open meeting in order to give the public an opportunity to voice their opinions. Senator Carlton said a private mental health facility, which holds fishing permit should not be allowed to receive funds from fishing license fees. She said they are supposed to be self-supporting. It does not mean a nonprofit organization. Senator Carlton said she had concerns with the CPI fee increase, and some of the revenue going to a public or private mental health facility, and not for the sportsmen who supported many departmental programs.
Mr. Crawforth said the Division of Wildlife (DOW) evaluates fee increases annually by using the CPI guidelines. The division went to the Board of Wildlife Commissioners with those recommendations, which would include public involvement with fee issues. Senator Carlton said if you add in the CPI, it would be an automatic roll up instead of the regulatory process, which means meetings, discussions on caps, and limitations. Mr. Crawforth said it was not intended to become an automatic roll up. He said the board would present the numbers to the public for their input at a Board of Wildlife Commissioners meeting.
Bill Bradley, Board of Wildlife Commissioners, said establishing fee increases by using the CPI would be a deterrent for DOW from returning every Legislative Session to ask for another increase. There was a public process to review the fee before it was enacted.
Senator Rhoads asked Mr. Crawforth how the CPI fees compared to other Western states. Mr. Crawforth said Nevada was below average and proposed the fee increase would put Nevada above average. He said the DOW considered raising tag fees. The Board of Wildlife Commissioners had the authority to set some tag fees in statute with the exception of the CPI.
Mr. Crawforth said the DOW was proposing to make adjustments in fees for boat registration and titles. He said one-half of the boat registration fees were equivalent to a personal property tax, and those funds were sent to the county where the boat was registered. Mr. Crawforth reviewed the proposed amendments (Exhibit D).
Chairman Rhoads asked if all of the counties had a game board, and if so, did they approve of the proposed fee increases. Mr. Crawforth said there was a board of commissioners for every county and those counties had not stated if they did or did not approve the fee increases. Chairman Rhoads asked why hunting and fishing was declining in the state in comparison to other states.
John T. Moran, Chairman, Board of Wildlife Commissioners, said he really did not have an answer. He said it was not about the fees or the fee structure. The department had ongoing educational programs with young sportsmen.
Mr. Crawforth suggested the changes in climate and wildlife habitat could be the reason for the decline. Mr. Moran said implementation of the predator control program had allowed some species such as the chukar, antelope, elk, and bighorn sheep to come back. Currently there are many game projects under way.
Larry Johnson, Director, Nevada Big Horns, testified in support of S.B. 420. He said the fee increases are long overdue. There was loss of habitat throughout the state. The deer tags issued have gone from 41,000 tags to less than 10,000, which indicated trouble with both habitat and funding. He said the various sportsmen associations were in favor of S.B. 420.
Gilbert A. Yanuek gave written testimony in favor of S.B. 420 (Exhibit E).
Michael J. Hornbarger, President, Nevada Outfitters and Guides Association, said the association was in favor of S.B. 420.
Chairman Rhoads said the fee increase was substantial.
Mr. Hornbarger said there were substantial numbers of unprofessional guides in the business who do not have insurance, or a business license, and do not pay a sales tax and use tax. He said they needed some enforcement to regulate these issues and believed that S.B. 420 would allow it to happen.
Todd Schwanet, Vice President, Nevada Outfitters and Guides Association, said by passing S.B. 420, he believed the DOW would be able to better enforce regulations. He said the DOW is understaffed and underbudgeted, which enabled the division to reinforce provisions in the outfitters and guides field. Mr. Schwanet said the fee increase was high, but believed there would be more responsible guides in Nevada by the increased fees. There was an economic survey conducted that showed Nevada outfitters and guides, brought a multi-million dollar industry to the State. There are approximately 135 licensed master guides in the State.
Senator McGinness asked who enforced the regulations pertaining to licensed guides. Mr. Schwanet said the DOW was the responsible party. Senator McGinness asked how the difference was determined between a licensed guide and a person who volunteers to take people hunting. Mr. Schwanet said as long as a volunteer does not advertise the services for a fee and is not licensed, he would not be considered a guide. He would not be breaking the law.
Gerry Lent, Nevada Hunters Association, gave written testimony in opposition to S.B. 420 (Exhibit F). He said the fee increases were presented to county boards without documentation to substantiate the $7.5 million raise. He explained the graph in Exhibit F did not explain where the money was being spent and where the money was actually needed. Mr. Lent said the DOW needed a complete performance audit to show the Legislature how the funds were being spent, and to determine if new revenues were needed. This would also determine if tax dollars were being spent wisely and efficiently.
Chairman Rhoads said he had a problem with the CPI issue in this bill, and it would probably be referred to the Senate Committee on Finance.
Mr. Crawforth agreed with Senator Rhoads. He said the revenues of this bill were written into the Governor’s budget. Chairman Rhoads asked if the increase was included and Governor had approved the CPI. Mr. Crawforth said the Governor did approve it. He also stated that the language in section 9, line 36, needed to be changed from “wetlands” to “upland game bird habitat.” Chairman Rhoads asked when the Department of Wildlife was audited. Mr. Crawforth replied that two audits were conducted yearly, throughout different departments. The last major audit was years ago.
Senator Carlton asked for clarification on page 13, lines 18 through 24. She asked if youths would pay $63 for a fishing license. Mr. Crawforth said to look on page 15. Senator Carlton said the struck language she was referring to was confusing. Mr. Crawforth replied a nonresident youth would pay an annual fee of $63 and a resident youth would pay a $9 annual fee.
Peter Lipkopoklos, Nevada Outdoorsman, said he is in support of S.B. 420. The Nevada sportsman needed to support the fee increases, which is 97 percent funded by user dollars.
Chairman Rhoads said he did not have a problem with raising the fees; the exception was tying it in to the CPI.
Tony Hart said he had a problem with the CPI. He said fee increases should go before a committee to be reviewed before being enacted upon. Mr. Hart asked why sportsmen had to support the nongame programs if it is 100 percent funded by users.
Chairman Rhoads closed the hearing on S.B. 420 and opened the hearing on S. B. 484.
SENATE BILL 484: Makes various changes concerning provisions relating to Garlic and Onion Growers’ Advisory Board and certain assessments levied upon growers of garlic or onions. (BDR 49-1274)
Jim Snyder, Nevada Garlic and Onion Advisory Board, testified in support of S.B. 484. He said it would allow the garlic and onions growers the ability to raise funds for research regarding growing onions and garlic. He said the advisory board is asking to make it mandatory that industry members participate in the assessments.
Senator McGinness asked how much money would be collected by the assessment? Mr. Snyder said approximately $20,000 a year. Senator McGinness asked how many industry members had asked for their assessments to be returned. Mr. Snyder replied there were three operations that were asking for refunds, which amounted to approximately $20,000.
Don Henderson, Acting Director, Department of Agriculture, said S.B. 484 did go through the Nevada Garlic and Onion Advisory Board. The board members represented the majority of acreage, which produced onions and garlic. The Department of Agriculture supports the bill.
Chairman Rhoads closed the hearing on S.B. 484, and opened the work session on Senate Concurrent Resolution (S.C.R.) 7.
SENATE CONCURRENT RESOLUTION 7: Directs Legislative Commission to appoint subcommittee to continue study of wilderness areas and wilderness study areas in this state. (BDR R-717)
Chairman Rhoads opened the work session and spoke of changes that needed to be made on S.C.R. 7, S.J.R. 3, and S.J.R. 4.
Chairman Rhoads asked for a motion on S.C.R. 7.
SENATOR MCGINNESS MOVED TO AMEND AND ADOPT S.C.R. 7.
SENATOR SHAFFER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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Senator Carlton asked what the difference was between multiuse and wilderness use.
Fred Welden, Committee Policy Analyst, said wilderness use is a multiple use. The interim study committee agreed to the term “multiple uses.”
Chairman Rhoads closed the work session on S.C.R. 7, and opened the work session on S.J.R. 3.
SENATE JOINT RESOLUTION 3: Urges Congress to take certain actions concerning wilderness areas and wilderness study areas.
(BDR R-716)
SENATOR MCGINNESS MOVED TO AMEND AND DO PASS S.J.R. 3.
SENATOR SHAFFER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
Closed the hearing on S.J.R. 3 and opened the hearing on S.J.R. 4.
SENATE JOINT RESOLUTION 4: Urges Nevada Congressional Delegation and Congress to take certain actions concerning wilderness areas and wilderness study areas. (BDR R-715)
Chairman Rhoads asked for a motion on S.J.R. 4.
SENATOR MCGINNESS MOVED TO AMEND AND DO PASS S.J.R. 4.
SENATOR SHAFFER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
*****
Chairman Rhoads opened the work session on S.B. 420.
The Natural Resources Committee had a problem with the CPI issue regarding S.B. 420. Senator Carlton proposed an amendment to remove the CPI and insert the word “non-profit.” Senator Rhoads asked the Division of Wildlife for the proposals to be put in a letter and submitted to the Senate Committee Natural Resources Committee (Exhibit G).
SENATOR CARLTON MOVED TO RE-REFER TO THE SENATE COMMITTEE ON FINANCE S.B. 420.
SENATOR SCHNEIDER SECONDED THE MOTION.
THE MOTION CARRIED UNANIMOUSLY.
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There being no further business, Chairman Rhoads adjourned the hearing at 3:25 p.m.
Gina Rasner,
Committee Secretary
APPROVED BY:
Senator Dean A. Rhoads, Chairman
DATE: