Final Minutes - Approved Aug. 10, 2012Nevada Board of Wildlife Commissioners’ Meeting

June 21, 22 and 23, 2012Nannini County Building

540 Court St., #102Elko, NV 89801

Final AGENDA

Minutes of the meeting will be produced in summary format. Please provide the Commission with electronic or written copies of testimony and visual presentations to include complete versions as exhibits with the minutes.

Items may be taken out of order; items may be combined for consideration by the public body; and Items may be pulled or removed from the agenda at any time. Individuals with a disability who are in need of special services should contact the Department at least 24 hours prior to the meeting at 775-688-1599. Individuals with hearing impairment may contact the Department via telecommunication device (TDD) (775) 688-1550.

TIME LIMITS: Public Comment will be taken on every action item after discussion but before action on each item, and is limited to three minutes per person. Persons may not allocate unused time to other speakers. Persons are invited to submit written comments on items or attend and make comment during the meeting and are asked complete a speaker card and present it to the Recording Secretary. To ensure the public has notice of all matters the Committee will consider, Committee members may choose not respond to public comments in order to avoid deliberation on topics not listed for action on the agenda.

FORUM RESTRICTIONS AND ORDERLY BUSINESS: The viewpoint of a speaker will not be restricted, but reasonable restrictions may be imposed upon the time, place and manner of speech. Irrelevant and unduly repetitious statements and personal attacks which antagonize or incite others are examples of public comment that may be reasonably limited.

NOTE: Public comment allowed on each action item and regulation workshop items and at the end of the meeting for items not on the agenda

Thursday, June 21, 2012 – 10 a.m.

Commission Tour – InformationalThe Commission will meet and tour to view the area in Elko County that is being proposed as a wild horse sanctuary. Short informational presentations will be made at several sites but no action will be taken by the Commission. The public is invited to participate but will be required to provide their own transportation. The tour is planned to conclude in Elko. The group will depart from America’s Best Value Gold Country Inn and Casino, 2050 Idaho Street, Elko, Nevada 89801.

Friday, June 22, 2012 – 8:30 a.m.

1 Call to Order, Roll Call of Commission and County Advisory Board Members to Manage Wildlife (CABMW) – Chairman McBeath

2 Approval of Agenda – Chairman McBeath - For Possible ActionThe Commission will review the agenda and may take action to approve the agenda. The Commission may remove items from the agenda, combine items for consideration or take items out of order.

NBWC Meeting Elko

June 22, and 23, 2012

3 Member Items/Announcements and Correspondence – Chairman McBeath - InformationalCommissioners may present emergent items. No action may be taken by the Commission. Any item requiring Commission action may be scheduled on a future Commission agenda. The Commission will review and may discuss correspondence sent or received by the Commission since the last regular meeting and may provide copies for the exhibit file (Commissioners may provide hard copies of their correspondence for the written record). Correspondence sent or received by Secretary Mayer will also be discussed.

4 County Advisory Boards to Manage Wildlife (CABMW) Member Items – Informational CABMW members may present emergent items. No action may be taken by the Commission. Any item requiring Commission action will be scheduled on a future Commission agenda.

5 Duck Stamp Request – Chief of Habitat Elmer Bull – For Possible Action The Commission will review and be asked to approve 16 projects submitted for funding from duck stamp funds. The total cost of the projects is $78,274.

6 Upland Game Stamp Request – Chief of Habitat Elmer Bull – For Possible Action The Commission will review and be asked to approve 13 projects submitted for funding from upland game stamp funds. The total cost of the projects is $240,050.

7 Finance Committee – Gil Yanuck, Committee Chair and Deputy Director Patrick Cates

A Finance Committee Report – Committee Chair Gil Yanuck – Informational The Commission will hear a report from the Finance Committee chairman.

B FY 2013 County Advisory Board Budget Requests – Deputy Director Patrick Cates – For Possible Action The Commission may approve budgets for County Advisory Boards to Manage Wildlife for FY 2013. 

8 Wildlife Heritage Committee – Commissioner Wallace and Deputy Director Cates

A Heritage Committee Report – Commissioner Wallace Committee Chair – Informational The Commission will hear a report from the Wildlife Heritage Committee chairman.

B Commission Policy #11, Heritage Grant Manual – Deputy Director Patrick Cates – For Possible Action The Commission will hear the first reading of a new proposed Commission Policy #11, Heritage Grant Manual, as recommended by the Wildlife Heritage Committee.

9 Trapping Regulation Committee Report –Commissioner McNinch – For Possible Action The Commission will hear a report from the Trapping Regulation Committee chairman and may take action on any recommendations.

10 Wild Horse Update – Chief of Habitat Elmer Bull – Informational In accordance with the Commission’s request, Chief of Habitat Elmer Bull will provide anupdate on the status of wild horse issues pending in Nevada.

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NBWC Meeting Elko

June 22, and 23, 2012

11 Regulation Workshop – Informational – Public Comment Allowed

A Commission General Regulation 406, Trapping Regulations for Congested and Residential Areas, LCB File No. R062 - 12 – Chief Game Warden Buonamici – Informational The Commission may adopt a regulation relating to trapping; prohibiting a person from trapping a furbearing mammal, other than with a box or cage trap, within a certain distance of a residence located within a congested area of certain counties; and providing other matters properly relating thereto.

B Commission General Regulation 407, Wildlife Heritage Trust Account, LCB File No. R022 – 12 – Deputy Director Patrick Cates – Informational The Commission may adopt a regulation relating to the Wildlife Heritage Trust Account; requiring a person who is responsible for managing or supervising a conservation project that is approved by the Board of Wildlife Commissioners to enter into an agreement for the receipt of a grant of money from the Account; and providing other matters properly relating thereto.

C Commission General Regulation 408, Aquatic Invasive Species Decontamination Regulations, LCB File No. R048-12 – Chief Rob Buonamici and Fisheries Staff Biologist Karen Vargas – Informational The Commission may adopt a regulation relating to aquatic species; providing requirements for decontamination of certain vessels and conveyances; and providing other matters properly relating thereto.

D Commission General Regulation 409, LCB File No. R049 - 12, Aquatic Invasive Species Fees Relating to Vessels - Chief Rob Buonamici and Fisheries Staff Biologist Karen Vargas - Informational The Commission may adopt a regulation relating to aquatic species; establishing the amount of the aquatic invasive species fee required for certain vessels; specifying the manner in which an aquatic invasive species decal must be displayed on certain inflatable vessels; setting forth the required lettering, size and color of each aquatic invasive species decal; and providing other matters properly relating thereto.

12 Public Comment Period

Saturday, June 23, 2012 – 8:30 a.m.

13 Call to Order, Roll Call of Commission and County Advisory Board Members to Manage Wildlife (CABMW) – Chairman McBeath

14 Member Items/Announcements and Correspondence - Chairman McBeath - InformationalCommissioners may present emergent items. No action may be taken by the Commission. Any item requiring Commission action may be scheduled on a future Commission agenda. The Commission will review and may discuss correspondence sent or received by the Commission since the last regular meeting and may provide copies for the exhibit file (Commissioners may provide hard copies of their correspondence for the written record). Correspondence sent or received by Secretary Mayer will also be discussed.

15 County Advisory Boards to Manage Wildlife (CABMW) Member Items - InformationalCABMW members may present emergent items. No action may be taken by the Commission. Any item requiring Commission action will be scheduled on a future Commission agenda.

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NBWC Meeting Elko

June 22, and 23, 2012

16 Regulations – Adoption – For Possible Action – Public Comment Allowed

A Commission Regulation 12 - 03, 2013 Wildlife Heritage Amendment #1, Wildlife Heritage, Silver State, Partnership in Wildlife and Heritage Tag Vendors - Commissioner Wallace - For Possible Action The Heritage Committee chairman will provide the committee’s vendorrecommendations to the Commission for possible action for the2013 tags.

B Commission Regulation 12 - 06 Seasons, Bag Limits and Special Regulations for Upland Game Birds, Rabbits, Wild Turkey, Furbearers, American Crow, Mourning and White-Winged Dove, and Falconry Seasons for Upland Game Birds and Rabbits for the 2012 and 2013 and 2013 and 2014 Seasons - Wildlife Staff Specialists Shawn Espinosa and Russell Woolstenhulme - For Possible Action The Commission will establish regulations for seasons, bag limits, and special regulations for upland game birds, rabbits, wild turkey, furbearers, American crow, mourning and white-winged dove, and falconry seasons for upland game birds and rabbits for the 2012 and 2013 and 2013 and 2014 seasons.

C Commission General Regulation 406, Trapping Regulations for Congested and Residential Areas, LCB File No. R062-12 – Chief Game Warden Buonamici – For Possible Action The Commission may adopt a regulation relating to trapping; prohibiting a person from trapping a furbearing mammal, other than with a box or cage trap, within a certain distance of a residence located within a congested area of certain counties; and providing other matters properly relating thereto.

D Commission General Regulation 407, Wildlife Heritage Trust Account, LCB File No. R022 – 12 – Deputy Director Patrick Cates – For Possible Action The Commission may adopt a regulation relating to the Wildlife Heritage Trust Account; requiring a person who is responsible for managing or supervising a conservation project that is approved by the Board of Wildlife Commissioners to enter into an agreement for the receipt of a grant of money from the Account; and providing other matters properly relating thereto. Note: Please see support material under agenda item #11 B.

E Commission General Regulation 408, Aquatic Invasive Species Decontamination Regulations, LCB File No. R048-12 – Chief Rob Buonamici and Fisheries Staff Biologist Karen Vargas – For Possible ActionThe Commission may adopt a regulation relating to aquatic species; providing requirements for decontamination of certain vessels and conveyances; and providing other matters properly relating thereto.

F Commission General Regulation 409, Aquatic Invasive Species Fees Relating to Vessels, LCB File No. R049 – 12 - Chief Rob Buonamici and Fisheries Staff Biologist Karen Vargas - For Possible ActionThe Commission may adopt a regulation relating to aquatic species; establishing the amount of the aquatic invasive species fee required for certain vessels; specifying the manner in which an aquatic invasive species decal must be displayed on certain inflatable vessels; setting forth the required lettering, size and color of each aquatic invasive species decal; and providing other matters properly relating thereto.

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NBWC Meeting Elko

June 22, and 23, 2012

17 Wildlife Heritage Committee – Commissioner Wallace and Deputy Director Cates – For Possible Action

A Commission Policy #11, Heritage Grant Manual, Final Reading – For Possible ActionThe Commission may take action to adopt the new proposed Commission policy #11 – Heritage Grant Manual.

B FY 2012 and FY 2011 Heritage Project Extensions - For Possible ActionPursuant to NAC 501.340, the Commission may approve requests for extension of 2012 Heritage projects.

C FY 2012 and FY 2011 Heritage Funding Reallocation - For Possible ActionPursuant to NAC 501.300, the Commission may approve reallocation of unused Heritage funds from a previously approved 2012 project to any other previously considered 2012 project application.

D FY 2013 Heritage Project Proposals – For Possible Action The Commission will hear the recommendations from the Heritage Committee and approve project applications for 2013.

18 Reports – Informational

A Legislative Update – Secretary Ken Mayer Staff will provide an overview of tracked state and/or federal legislation and provide deadlines and information regarding the 2013 Legislative Session.

B Sage-Grouse Update –Secretary Ken MayerIn accordance with the Commission’s request, Director Mayer will provide an update on the status of sage-grouse which is pending listing under the Endangered Species Act.

C Sunset Committee Update Report – Chairman McBeathChairman McBeath will report on the June 5, 2012, Sunset Committee meeting.

D Trapping Regulation Review Update – Chief Game Warden Buonamici Chief Game Warden Buonamici will present the Department’s proposed trapping regulation revisions (technical changes).

E Off-Highway Vehicle Commission Report – Chief Game Warden Buonamici

F Litigation Report – Deputy Attorney General Nhu Nguyen

19 Nevada Board of Wildlife Commissioner’s Committee Assignments – Chairman McBeath – For Possible ActionThe Chairman will designate and adjust committee assignments, including the creation of new committees, the consolidation of existing committees, and/or the elimination of existing committees, as necessary. The Commission will take action to approve the revised committees and committee assignments as proposed by the chairman.

20 Future Commission Meeting – Director Ken Mayer - For Possible ActionThe next Commission meeting is currently scheduled for August 10 and 11, 2012, in Winnemucca. The Commission may change the time and meeting location at this time. The Commission will review and discuss potential agenda items for that meeting.

21 Public Comment Period

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NBWC Meeting Elko

June 22, and 23, 2012

Nevada Board of Wildlife Commissioners present for two day meeting:

Chairman Michael McBeath Vice Chairman Jack Robb Commissioner Jeremy Drew*Commissioner Charles Howell Commissioner David McNinch Commissioner Pete MoriCommissioner Scott Raine Commissioner Hal Shrum Commissioner Grant Wallace

*Excused Absence June 23, 2012

Secretary/Director Kenneth E. Mayer Nhu Nguyen, Deputy Attorney GeneralSuzanne Scourby, Recording Secretary

Nevada Department of Wildlife personnel present:

Deputy Director Rich Haskins Deputy Director Patrick CatesChief of Game Larry Gilbertson Chief Game Warden Rob BuonamiciChief of Operations Bob Haughian Eastern Region Supervising Game Biologist Ken GrayCaleb McAdoo, Eastern Region Biologist Joe Doucette, Conservation Educator 4 Chief of Habitat Elmer Bull

Others in Attendance/Two Day Meeting:Paul R. Dixon, Clark CABMW* Rex Flowers, Washoe CABMWGil Yanuck, Carson CABMW Don Sefton, Systems Consultants Inc.Jim Evans, Eureka CABMW Monty Martin, Systems Consultants Inc.Joe Crim, Pershing CABMW Judi Caron, Safari Club International - Northern NevadaDon Molde, self Chris Nicolai, U.S. Fish and Wildlife ServiceJoe Bennett, USDA Wildlife Services Joel Blakeslee, Coalition and NV Trappers AssociationNathan Fowler, USDA Wildlife Services Harvey Logan, Western ExterminatorsGeorge Corner, Nevada Outfitters and Guides Peter Shepherd, Nevada Trapper’s AssociationTom Barnes, Elko CABMW Jim Jenne, Lyon CABMWBill Meyer, Lyon CABMW Pat Laughlin, Nevada Alliance 4 Wildlife Mike Laughlin, self Dane Bradfield, Lincoln CABMWRandall Stoeberl, Nevada Trapper’s Association Richard Sandoz, selfJason A. James, self Quentin James, selfTrish Swain, Trail Safe Nevada Caron Tayloe, selfHenry Krenka, Nevada Outfitters and Guides Lance Stitzel, Nevada Trapper’s AssociationJim Evans, Eureka CABMW Darin Elmore, selfDianna Belding, self Larry Johnson, Nevada Bighorns Unlimited-RenoMichael John Jurad, Humboldt CABMW *County Advisory Board Member to Manage Wildlife

Friday, June 22, 2012 – 8:30 a.m. 1 Chairman McBeath called the meeting to order at 8:30 a.m. – all nine Commissioners

present.

CABMW Roll Call – Joe Crim, Pershing; Paul Dixon, Clark, Gil Yanuck, Carson, Rex Flowers; Dane Bradfield, Lincoln; Jim Jenne, Lyon; Bill Meyer, Lyon; Tom Barnes, Elko; and Steve Gustafson, Mineral.

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NBWC Meeting Elko

June 22, and 23, 2012

2 Approval of Agenda –

COMMISSIONER MCNINCH MOVED TO APPROVE THE AGENDA. COMMISSIONER WALLACE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.

3 Member Items/Announcements and Correspondence - Chairman McBeath - Informational

Commissioner Raine correspondence: Letter from Cliven D. Bundy sent to Commission and asked if received (copy in May meeting exhibit file); he commented that the doe seasons not a good idea and doe seasons approved exclusively almost affect Elko County and would of liked to hear from Elko residents and to have had that on the agenda.

Commissioner Shrum read an email from Don Molde, and letters from Gerald A. Lent and Mike Laughlin, regarding Elko CABMW resignations.

Chairman McBeath said friend sent email two days before the draw and email traffic indicated that some folks were able to tell if they drew tags and Systems Consultants straightened out website so that no one could tell if drawn, and email was sent explaining the situation and was a quick fix to that situation.

4 CABMW Member Items – Informational

Gil Yanuck, Carson CABMW, said Carson County code enforcement officer attended their meeting who provided information on trash management and feeding of wildlife, and in preparation for the meeting he met with NDOW game warden to discuss issues and Department’s efforts, and would be nice for statewide NRS to cover the attractant nuisance issue and if this goes forward will hold town hall meetings to let citizens know how this will be handled and goals. Also, project manager from the Bureau of Land Management’s (BLM) Carson City office discussed revision to Resource Management Plan and the CABMW told the BLM that Carson CABMW wishes to be consulted on the issues – i.e. wild horses.

Paul Dixon, Clark CABMW, said NDOW Biologist Karen Vargas attended their meeting presenting the Department’s Aquatic Invasive Species program. CAMBW Member Pergola in communication with SNWA and they are ready to discuss with NDOW the pipeline hook-up for the treated water to be used by the hatchery to get it started again.

5 Duck Stamp Request – Chief of Habitat Elmer Bull – For Possible Action

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NBWC Meeting Elko

June 22, and 23, 2012

The Commission will review and be asked to approve 16 projects submitted for funding from duck stamp funds. The total cost of projects is $78,274.

Chief Bull reviewed the support material sent in advance for this agenda item (exhibit file).

Chairman McBeath asked for further explanation of the Fallon Wood Duck Project.

Dr. Chris Nikolai, U.S. Fish and Wildlife Service (USFWS) updated the Commission on his ongoing wood duck project, and answered questions from the Commission as he proceeded.

Public Comment –

Rex Flowers, Washoe CABMW, said specifically on the wood duck project the funding for this project came from the Heritage fund and at that time had much discussion that these funds should come from Duck Stamp fund rather than Heritage, which was done. This is a positive as did not want study to go away. In Washoe County we have many duck hunters who hunt in Fallon and he has not heard complaints from duck hunters whose money supports the study.

Paul Dixon, Clark CABMW, said as PhD scientist himself, he knows that no study is definitive, and the process results in presenting the next set of questions, and right now have conjecture, but are collecting real data. This is a study done with students and should expect that we will not get an answer and will have information for setting harvest objectives and will have a part of the puzzle answered. People need to keep science in perspective and is relatively a small amount of money.

COMMISSIONER HOWELL MOVED TO APPROVE THE DUCK STAMP REQUEST. COMMISSIONER WALLACE SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.

6 Upland Game Stamp Request – Chief of Habitat Elmer Bull – For Possible ActionThe Commission will review and be asked to approve 13 projects submitted for funding from upland game stamp funds. The total cost of the projects is $240,050.

Staff Biologist Mark Farman reviewed the support material sent for this agenda item (exhibit file). He added that an additional donation of $22,400 was received from the Carson Valley Chukar Club and this donation reduces the requested dollar total to $240,050. Mr. Farman and Game Biologist Shawn Espinosa answered questions from the Commission.

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NBWC Meeting Elko

June 22, and 23, 2012

Commissioner Drew said the additional donation of $22,400 frees up funding and he asked if any sage-grouse projects that could be expanded such as statewide research and monitoring of the bi-state Greater Sage-grouse population.

Discussion ensued between the Commission and NDOW staff regarding the proposed projects and adding the additional funding to a project, and the proposed listing of sage-grouse.

Commissioner Raine said the correct procedure is to go over the projects and if Commission wants to supplement programs the protocol is to have the item on the next agenda to clarify the funding.

Staff said they are amenable to that suggestion for the item to be on the August agenda.

Public Comment -

Paul Dixon, Clark CABMW, thanked NDOW staff for their efforts on Overton Wildlife Management Area (WMA) with food plots and habitat improvement projects. His CABMW is working with Wildlife Habitat Improvement of Nevada for funding to make small game guzzler improvements.

COMMISSIONER DREW MOVED TO APPROVE $240,050 FOR PROPOSED FY 2013 UPLAND GAME STAMP PROJECTS AS LISTED WITH THE $22,400 IN DONATIONS FROM CARSON VALLEY CHUKAR CLUB BEING REALLOCATED TO THE GREATER SAGE-GROUSE RESEARCH AND MONITORING PROJECT. CHAIRMAN MCBEATH SAID TO COMMISSIONER DREW THAT YOU SAID $240,050 AND DID HE MEAN $262,450? COMMISSIONER DREW SAID THAT IS CORRECT $262,450. COMMISSIONER WALLACE SECONDED THE MOTION.

Commissioner Raine said you are wrong doing it this way as it states all the Carson Chukar money is going to the one project and most reasonable and rational way to get what you want is to approve what was recommended by staff on this paper and next meeting staff can come back with the matching funds straightened out and will not hurt anything by waiting and he will not vote for this the way it is.

Mr. Farman said the wording he heard directed donation to one project and another approach is to approve the higher amount with the extra $22,400 from the account being allocated.

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NBWC Meeting Elko

June 22, and 23, 2012

Commissioner Drew said to clarify the motion it would be the extra freed up in the account and being from Douglas County and supporting the Carson Valley Chukar Club that they would realize the urgency of the sage-grouse research and monitoring project that affects Douglas County. He is asking to reallocate the $22,400 to that project.

COMMISSIONERS IN FAVOR OF THE MOTION: CHAIRMAN MCBEATH, ROBB, DREW, MCNINCH, MORI, AND WALLACE. COMMISSIONERS OPPOSED: HOWELL, SHRUM, AND RAINE. MOTION CARRIED 6 – 3.

7 Finance Committee – Gil Yanuck, Committee Chair and Deputy Director Patrick Cates

A Finance Committee Report – Committee Chair Gil Yanuck and Deputy Director Patrick Cates – Informational

Finance Committee Chairman Yanuck said the committee met and he reviewed the meeting proceedings: CABMW budgets and state rules for CABMW travel were reviewed, the Commission budget, and lastly they discussed a wish list that the Department would like to see happen.

Chairman McBeath, Finance Committee member, said the Commission has statutory responsibility to approve and recommend NDOW’s budget and level of detail that will be presented in August will assist the Commission in their recommendation on the Department’s budget, and preliminary report provided at this meeting was very good.

B FY 2013 CABMW Budget Requests – Deputy Director Patrick Cates – For Possible Action

Deputy Director Cates directed the Commission to an updated spreadsheet whichincluded Nye CABMW’s request. The committee’s recommendations are denotedon the spreadsheet (exhibit file).

Public Comment –

Jim Jenne, Lyon CABMW, said Lyon CABMW submitted budget and the budget waschanged due to mileage from Fernley and the next chair will have a problem becausethere is quite a difference between mileage from Fernley versus Yerington.

COMMISSIONER HOWELL MOVED TO APPROVE FISCAL YEAR 2013 CABMW BUDGET REQUESTS IN THE AMOUNT OF $50,539. COMMISSIONER SHRUM SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY.

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NBWC Meeting Elko

June 22, and 23, 2012

8 Wildlife Heritage Committee – Commissioner Wallace and Deputy Director Cates

A Heritage Committee Report – Commissioner Wallace Chair - Informational

Chairman Wallace reported that the Heritage Committee held two meetings and items discussed were Commission Policy #11, the Heritage Grants manual, fiscal year 11 and 12 project extension requests and reallocation, and fiscal year 13 recommendations which will be discussed with action taken by the Commission tomorrow.

B Commission Policy #11, Heritage Grant Manual – Deputy Director Patrick Cates – For Possible ActionThe Commission will hear the first reading of a new proposed Commission Policy #11, Heritage Grant Manual, as recommended by the Wildlife Heritage Committee.

Deputy Director Cates said the policy lines out for the Commission and project proponents that the process used is a “grant process” and the Heritage Grant manual has been developed in conjunction with the policy. The manual is in compliance with the Attorney General’s Office requirements and the State’s grant rules. The committee recommendation was a vote to approve “as is.”

Commissioner McNinch had suggestions/corrections: Page 3, correction to tag price ofPartnership in Wildlife tag; page 8 correction from “project director” to “project manager” and page 11, second paragraph, second sentence, word change from “and” to “or.”

Commissioner Raine said as there are errors in the manual he would suggest Commission review of the manual as the Heritage Account is very public.

Commission discussion ensued on the manual and the state’s grant process.

Public Comment –

Paul Dixon, speaking for himself, said three years ago he filed a lawsuit over the Heritage process and he applauded NDOW for putting the grant manual and policy together as will provide for informed decisions. On the same level, the process before was great system if you agree but not if you do not agree from a public perspective.

Rex Flowers, Washoe CABMW, said his board supported the policy and the policy needs correction on page 1, third paragraph, should be “its compliance with all …” instead of “it’s compliance will all ….”

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NBWC Meeting Elko

June 22, and 23, 2012

9 Trapping Regulation Committee Report – Commissioner McNinch – For Possible Action

Commissioner McNinch reported the Trapping Regulation Committee recently had a field trip in Southern Nevada and a committee meeting in Las Vegas. He said we have Senate Bill (SB) 226 requirements which mandate the Commission take action, and NDOW has items they are bringing forward relative to trapping, and at the meeting had discussion on local Southern Nevada issues with focus on Red Rock Conservation Area, Mt. Charleston, and Spring Mountain area in Las Vegas, and the broader issues of trap visitation and trap registration as well. He said in Washoe County there was similar situation to Clark County with trails and multiple use and the same concepts may apply from Washoe County to Clark County areas. He said the committee took no action to send any recommendations to the Commission; action was taken to direct staff to return with language on paper pertinent to discussions of the meeting.

Commissioner Robb reported that the field trip was worthwhile in viewing the area and agreed that what was done in Washoe with Clark County and the trail situation in Washoe does match similarly to situation in Clark County, and may use the same rules and the committee directed staff to look at that for Southern Nevada.

Commissioner Drew said the committee made a motion for the committee to return with draft regulations from staff and in his opinion he would rather see the committee facilitate the process with the outside groups to work toward a solution that makes sense, so the Commission could arbitrate on the differences, and have a starting point now.

Public Comment –

Joel Blakeslee, Nevada Trapper’s Association, said he has heard that hunters are concerned with the map designations and need to take our time and hunters need to be involved.

Paul Dixon, Clark CABMW, said from trappers at his meeting heard concerns that committee is looking at more of a dog protection on Mt. Charleston rather than a regulation for overall safety and although pets in traps does occur, trappers avoid trapping dogs at all costs, and when you look at setting distances on trails you need to give protections to the public on trails but you need to be realistic with protection of animals and keep in line with what is done to protect humans such as in school zones.

Don Molde, representing himself, said Mr. Blakeslee comments are confusing as SB 226 has legislative deadline of 2012, and he wants something done before the legislature convenes and reminded the Commission that he would like to be on the Trapping Regulation Committee’s next agenda.

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NBWC Meeting Elko

June 22, and 23, 2012

Commissioner McNinch said the deadline for SB 226 is the end of the year and the Mt. Charleston item is separate from that and workshop and hearing are being heard at this meeting and if approved will move forward in the final process of becoming a regulation. He said we are getting a constant tit-for-tat between the interest groups and the committee is going to avoid that and hopes the interest groups work out their compromises and if you don’t it will be left to the Commission for decision-making.

Public Comment –

Caren Tayloe, Washoe County resident, addressed Commissioner Howell’s comment and said she appreciates the work of the Trapping Regulation Committee with the public and believes compromise cornerstone of our country. Compromise gives NDOW more credibility then they have had in years.

Trish Swain, TrailSafe of Nevada, said she appreciates the process is and issues being sorted out and will save her comment for the regulation.

Randall Stoeberl, geologist and small business owner, said he is impressed with the two opposing groups coming together to work out their differences because such an emotional and passionate issue.

Chairman McBeath said the Commission would be hamstrung if had to deal with minutiae of details that the Trapping Regulation Committee has and the amount of time. He thanked the Committee.

10 Wild Horse Update – Chief of Habitat Elmer Bull – Informational

Chief Bull said new developments: BLM Jackson horse gather started but shortly thereafter legal challenge issued on use of helicopters during foaling season and Judge McKibben issued a restraining order prohibiting helicopter use but ruled that helicopter use could continue in Southern Region due to emergency gather, 300 horses gathered; small horse gather in Black Rock desert using traps around water sources; Arizona Game and Fish staff tasked with gathering information from 10 western states on wild horse situation and subsequent discussion will be at WAFWA’s annual meeting this summer and noted 52 of 80 herd management areas are over appropriate management levels in Nevada, and BLM is going to start using castration and contraception methods as opposed to removal of horses from the range; Nevada Association of Counties is seeking legal relief to horse problem in Nevada and have hired legal counsel to assess the economic impact of BLM horse management program in Nevada; and Ely BLM district is planning to construct guzzlers to benefit wild horses.

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NBWC Meeting Elko

June 22, and 23, 2012

Commissioner Robb said the proposed wild horse water developments cannot be detrimental to sage-grouse restoration efforts as the Governor’s Sage-grouse Advisory Committee has discussed the impact of wild horses on springs and meadows and sage-grouse in general, and they would be working against us and would like the answer. He said that the Jacksons have been managed by BLM in crisis mode for several years.

Commissioner Drew reported on the Commission tour of Spruce Mountain yesterday conducted by local NDOW and BLM staff: Warm Creek Ranch was the first stop, which is private property owned by Madeline Pickens for the proposed wild horse eco-sanctuary which has two small grazing allotments north of the private property and they are seeking to change it from cattle to horse use and an Environmental Assessment is in process and a draft will be out in a few weeks; larger eco-sanctuary encompasses Spruce allotment which currently is a cattle allotment which includes three Herd Management Areas (HMA) and as to the eco-sanctuary the proposal is not public and in July or August the scoping process will begin; stopped at south end of Spruce Mountain and looked at proposed habitat treatment areas; and last stop was Boone Springs, upper reaches of Spruce Mountain, when they arrived horses on spring, and spring and riparian area are in very poor condition. Commissioner Drew said the group had good discussions and this is an issue the Commission needs to continue to track, and would like this to stay on the Commissions’ Public Lands Committee agendas.

Commissioner Mori said BLM is actively seeking other options for dealing with wild horse issues, and this is one of the options and could be positive if used as an example, and will lead to possibility of getting away from managing habitat and rangelands as preservationist mode and turn toward productivity. He had hoped to tour the private property, and when horses first turned out he thought horses would stay on the pivots and forage on vegetation available on private property of the ranch but shortly after owners determined they need to produce feed, or horses would eat them out of house and home. He reviewed the stops and said his take away by the time they arrived at the spring with discussion on how to enhance the spring as there are things as long as we get together that can be done to assess where we are at and where we want to go and the tour aided that situation.

Secretary Mayer said on the tour he realized that the Madeline Pickens sanctuary has turned into a BLM proposal rather than a Madeline Picken’s proposal and that the ranch may need to be fenced and foresees an unbelievable Environmental Impact Statement (EIS) process.

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NBWC Meeting Elko

June 22, and 23, 2012

11 Regulation Workshop – Informational – Public Comment Allowed

A Commission General Regulation 406, Trapping Regulations for Congested and Residential Areas – Chief Game Warden Buonamici

Chief Game Warden Buonamici reviewed the regulation section by section (exhibit file) and noted in the regulation that the word “fur-bearing mammal” was used by Legislative Counsel Bureau (LCB) drafters and it was never committee’s intent to restrict regulation to fur-bearing mammals; and originally submitted “shall not set a trap.” LCB inserted those words as trapping is usually associated with fur-bearing mammals. His recommendation is to change the first sentence in Section 1 to “a person shall not set a trap” and replacing “fur-bearing mammal” with “animal.”

Public Comment -

Trish Swain, TrailSafe Nevada, said they are pleased with the language change as they have wanted that from the beginning and remarked that still have a slate of proposed changes to trapping to discuss within the Trapping Committee such as trapping on waterways and other issues, but as far as this regulation, it can be sent on with their blessing.

Joel Blakeslee, Nevada Trapper’s Association, said it has been two years and three months and would say get it done, his only concern is with the word change from fur-bearer mammal and if that prevents the regulation from being completed in time for the deadline.

Richard Sandoz, Elko County resident and member of Nevada Trapper’s Association, said when someone calls NDOW that a dog is in a trap, wardens should ask if dog licensed, ask if at-large, and insure that dog owners are complying with all the laws and cite them the same as if you are in a car accident and you are checked for your license.

Jason James, member of Nevada’s Trapper Association, said he traps to control beavers and dam erosion, and initially was concerned about the residence distance however he mainly traps nuisance wildlife on private properties. He requested that the trapping heritage be preserved to pass on to future persons.

Justin James, trapper and outdoor lover, said he believes in need to control the numbers and he requested that everything stay the same.

Clinton James, trapper, said there are many problems in Spring Creek with coyotes and need to educate people and teach them to identify traps by the flags. He supports the use of conibear traps and for everything to stay the same.

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NBWC Meeting Elko

June 22, and 23, 2012

Don Molde said he has been working for trapping reform for 35 years and Ms. Swain accomplished more in her four years then he had previously. He thanked the Commission for their work.

Randall Stoeberl, geologist, said if you have exceed carrying capacity many animals will have disease and cited areas where that has happened. He said beaver are a serious problem here in northern Nevada, and he thanked the young men who spoke previously.

Rex Flowers, on behalf of self, said he thought originally counties with populations of 100,000 or more such as Clark and Washoe Counties would be defined by name in the regulation, and would like that addressed.

Henry Krenka, Nevada Outfitters and Guides Association, said they support the recommendation of Nevada Trapper’s Association.

Judi Caron said she is speaking for herself and supports the trappers and their recommendation and has been a pleasure to see both groups working together and she asked whether she would be able to use a mouse trap on her private property with change of language to fur-bearing to mammals.

Commissioner McNinch said to Ms. Caron’s question, the exemption for private property would allow the use of a mouse trap.

Discussion ensued of LCB authority and Washoe and Clark Counties not being named in the regulation and the usage of the population number of 100,000.

Chief Game Warden Buonamici said a solution may be too add language to Section 1, last sentence stating “based on U.S. Census.”

Commissioner Robb said they discussed Washoe and Clark Counties multiple times and LCB drafters probably just looked at SB 226 which does not reference Washoe and Clark specifically. Commissioner McNinch said if staff explains situation to LCB drafters, he is confident they would understand the discussion, and asked Chief Warden Buonamici the steps if approved, with changes discussed.

Chief Game Warden Buonamici said LCB struck the county’s so as not to define them and thinks there would be trouble, and safest way is to leave “as is,” to get through process and he does not think the regulation will be jeopardized adding “U.S. Census Bureau.”

Commissioner McNinch suggested that he and Chief Warden Buonamici contact LCB today to get an answer.

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NBWC Meeting Elko

June 22, and 23, 2012

Commissioner Raine summarized the options in this workshop identified by the Commission, strike a “fur-bearing mammal,” change to “animal” and maybe adding “based on U.S. Census.”

Commissioner Drew said also need to add the word “set a” to Section 1 subsection 1, first sentence – “a person shall not set a trap…” and strike fur-bearing mammal.

B Commission General Regulation 408, Wildlife Heritage Trust Account – Deputy Director Cates

Deputy Director Cates reviewed the regulation as contained in support material.

Public Comment - None

C Commission General Regulation 408, Aquatic Invasive Species Decontamination Regulations – Chief Game Warden Buonamici

Chief Game Warden Buonamici reviewed the decontamination of vessels regulation and he answered questions from the Commission relative to drying times for vessels, anddecontamination stations.

Secretary Mayer said Topaz Lake has just been identified as quagga positive and that time is ofthe essence for action on having regulations in place in Nevada.

Gil Yanuck, Carson CABMW, said the public at their meeting questioned how the decal willremain in place if you have a float tube or other non-boat floats, and it was suggested at theirmeeting to raise the fishing license fee by $5 which would help support the program. He saidthe hassle will be with the decal and will be difficult to maintain.

Paul Dixon, Clark CABMW, said at their meeting NDOW staff advised that decals are currentlyhandled on inflatables such as zodiacs with a placard that hangs off it and something will bedeveloped for the other. He said they did not take action and they tabled this but did discussthe fee and he asked that the regulation be put in place to protect northernwaters because if they become infested there will be lawsuits from utility companies.

Commissioner Shrum said in reference to the language in Section 1, “(d) inspect, clean and dryeach item on the vessel or conveyance, including, without limitation, etc… shows howextreme this can get and what about waders or felt boots, and how far do we take this.

Chief Warden Buonamici said that some states have taken it far and have required feltboots to fall under their law and suggested language or a new Section 3 be added stating only“for purposes of Sections 1 and 2 decontamination and inspection only apply to vessels capable

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NBWC Meeting Elko

June 22, and 23, 2012

of retaining water” so items such as paddle boards, wake boards and float tubes would beexempt. Although these invasive species can attach and live for a period of time with no water,but the threat from some of these devices is at the lower end of the curve.

Commissioner Drew said he likes the recommendation proposed for the new Section 3.

Commissioner Robb said a problem is now at every meeting we are hearing of a new waterbeing contaminated and wants to get ahead of new waters being contaminated.

Chief Game Warden Buonamici said a massive education system will have to be undertakenwith volunteers and in all likelihood warden`s will deal with extreme cases, as really no way toenforce, as will be a voluntary program. The program is based upon education and voluntarycompliance which will be the key to success.

Secretary Mayer said the Department is concerned with convenience and are looking into an800 telephone number which will also be established to aid in compliance.

Discussion ensued on the program, obtaining compliance, effects of noncompliance on bodiesof water and ways to get public compliance.

D Commission General Regulation 409, Aquatic Invasive Species Fees Relating to Vessels – Chief Game Warden Buonamici

Chief Game Warden Buonamici reviewed the regulation and answered questions from theCommission such as definition of residents and prinicipal of use with regard to boats and whatthe Department strategy is relative to the educational component. Chief Game WardenBuonamici said the plan is to utilize radio, billboards, television, Nevada Department ofTransportation flashing signs on the Interstate 80 corridors where boaters may travel.

Secretary Mayer said NDOW will be starting public education this September so this will not bea surprise when the regulation is implemented Jan. 1, 2013.

Public Comment –

Gil Yanuck, speaking for himself, asked if chemicals used in decontamination station could be purchased privately to avoid the wait time and the cost.

Chief Buonamici said NDOW will approve inspection stations not individuals because that wouldbe onerous for law enforcement.

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NBWC Meeting Elko

June 22, and 23, 2012

12 Public Comment –

John Carpenter said in regard to discussion on census, that 10 year census is always used by theLegislature, and has always been that way. He said Spruce Mountain for years has been awinter range and BLM did not control wild horses or keep it under AML, and either way,destructive as very little live water, and for Ms. Pickens it is going to be difficult to keep thehorses. Elko County hopes that the sanctuary does not happen as will ruin huge area. He wouldlike information on Ruby Mountain Pipeline as $8 million was given to NDOW for sage-grouseand pygmy rabbits, would like accounting of that money and projects; status of SNWA pipelinein Eastern Nevada; and would like information from NDOW on last doe hunt on the Rubies.

Meeting Recessed 2:45 p.m. Saturday, June 23, 2012 – 8:30 a.m.

13 Call to Order, Roll Call of Commission and CABMW Members – Chairman McBeath

Commissioners present: Chairman McBeath, Commissioners Robb, Howell, McNinch, Mori, Raine, Shrum and Wallace present (Commissioner Drew excused absence).

CABMW Roll Call: Gil Yanuck, Carson; Paul Dixon, Clark; Rex Flowers, Washoe; Joe Crim, Pershing; Dane Bradfield, Lincoln; Michael Jurad, Humboldt; Bill Meyer, Lyon; Jim Evans, Eureka; and Jim Jenne, Lyon.

14 Member Items/Announcements and Correspondence – Chairman McBeath –Informational

Commissioner Robb said in regard to potential sage-grouse listing that Governor Sandoval has formed a committee (Greater Sage-grouse Advisory Committee) to keep the economic drivers in the state going with statewide representation from industries - energy, mining, ranching, agriculture, local county government representatives, conservation representatives, and Nevada tribes. Yesterday, the number of birds was brought up to stop the listing, and the Elko County representative who attends the committee has attended with that viewpoint and everyone wishes settling on a number such as 5,000 was all it would take, as numbers are hard to deal with. He said the federal government has to consider information that will hold up to a legal challenge as the decision will likely end up in court and that will be the actual decision. The State of Wyoming has loaned the committee Bob Budd who developed Wyoming’s plan as Wyoming’s plan has been supported by U.S. Fish and Wildlife Service (USFWS). He said this is a process that is going differently than he first anticipated. Bob Budd has brought in a plan and he scheduled informational presentations which have been made to inform the group, and recently the committee was asked to provide four limiting factors and the committee came up with seven as not everyone had the same four. Fire and cheatgrass were on everyone’s list and pj encroachment, but they differed on commonality of other factors. The worst thing that could happen to the bird is listing which will be a worse impact to the bird then managing it, and if we

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NBWC Meeting Elko

June 22, and 23, 2012

stop hunting the bird the funding goes away. He said he is impressed with the participation on the committee as the federal agencies are participating fully – Amy Lueders and Raul Morales from BLM, and Ted Koch of USFWS, from NDOW Director Ken Mayer and Biologist Shawn Espinosa. He said all the industries have to look different or we lose and there has to be compromise and will not be business as usual or the bird will be listed.

Commissioner Howell announced that he recently wrote a letter to Governor Sandoval stating that he does not wish to seek nor would he accept another term on the Commission. Commissioner Shrum read a letter from Gerald A. Lent (exhibit file) stating that NDOW is out of control, no financial accountability or checks and balances and NDOW should be placed under another agency and NDOW is unduly influenced by non-government organizations that donate money to NDOW and that the Commission is “impotent.”

Commissioner Raine said he checked with staff on the letter he mentioned yesterday from Cliven Bundy and found out from staff that it had been received into the May meeting record. He still would have liked agenda items for the doe hunt and bighorn sheep transplant program, bighorn sheep disease transmission, as all are relevant to Elko County. He said he is predicting we will hear from hunters and landowners on the large amount of tags issued this year as there are not that many deer. He noted that the Wildlife Damage Management Committee has not been meeting, has not met in over one year and questioned how the $3 fee is being expended.

Chairman McBeath said he received a letter from Nevada Waterfowl Association in regard to their request for an antelope tag and mule deer tag and acknowledging that the Heritage Committee recommended a antelope tag and he provided the letter for the exhibit file.

15 CABMW Member Items – Informational

None

Secretary Mayer said Off-Highway Vehicle Sportsmen representative Darin Elmore requested that the Off-Highway Vehicle agenda item #18 E be moved to earlier in the day to accommodate his schedule.

COMMISSIONER RAINE MOVED TO SUSPEND RULES TO MODIFY THE AGENDA TO MOVE 18 E BETWEEN ITEM 15 AND 16. COMMISSIONER WALLACE SECONDED THE MOTION. MOTION PASSED 8 – 0.

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NBWC Meeting Elko

June 22, and 23, 2012

18 E Off-Highway Vehicle (OHV) – Chief Game Warden Buonamici

Darin Elmore said he is the sportsmen representative on the OHV Commission and provided the background on the legislation requiring registration of OHVs and that registration will be required by July 1, 2013, it is a $20 fee in the first year, and 85 percent of the first year’s fees will go to Nevada Department of Motor Vehicles to get program up and running, and the second year that will swap with 60 percent for OHV programs, 20 percent for enforcement, 15 percent for education, and 5 percent for administration. He said currently the OHV Commission is unfunded at this time and they estimate there are between 200,000 to 300,000 OHVs to be registered in Nevada which will equal $4 to $6 million annually which will provide money for projects. One benefit will be recreational users/racing community will have to pay the fee and also will find common ground between the user groups, enforcement is unknown at this time. Mr. Elmore answered questions from the Commission and said he would be happy to return with future updates.

16 Regulations – Adoption – For Possible - Action – Public Comment Allowed

A Commission Regulation 12 -02, 2013 Wildlife Heritage Amendment #1, Wildlife Heritage Commissioner Wallace – For Possible Action

Commissioner Wallace, chairman of Heritage Committee, said WHIN requested via an email to him the two turkey tags that were not allocated by the Heritage Committee. Chairman Wallace reviewed the committees’ recommendations (exhibit file).

Public Comment –

Paul Dixon, Clark CABMW, said WHIN is committed and with all the current issues, WHIN members have attended Clark CABMW meetings regularly and have large membership of support with about one-quarter of their members from Moapa Valley.

Rex Flowers, Washoe CABMW, said the Washoe CABMW read the Heritage Committee meeting minutes that the two tags were not allocated and it was because of population decline and decided on three turkey tags and during turkeys tag season setting tags were at a minimum and would caution the Commission on that.

Chairman McBeath said in Clark CABMW a local avid turkey hunter, Kensen Lee, stated at their meeting that there is an abundance of mature toms and that population on Overton Wilddlife Management Area is doing well.

Larry Johnson, Nevada Bighorns Unlimited (NBU), said they support the recommendations of the committee.

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NBWC Meeting Elko

June 22, and 23, 2012

Judi Caron, Safari Club International (SCI) Northern Nevada Chapter, said the chapter had not applied for tags since 2010 and is important to their chapter’s mission and some of the funds were used for the transplant and capture of antelope for Yakama Washington, and the opportunity provided to the local chapter and others was compelling and is a wonderful program. She thanked the Commission for the recommendation of SCI for two turkey tags and elk tags.

Chairman McBeath asked for an explanation of the fees for vendors who administer the tag sale.

Secretary Mayer said there are groups who want to take a premium off the top and may need discussion from a policy perspective on this issue.

Larry Johnson, NBU Reno, said he does not believe in charging a fee or being compensated, everything in NBU is volunteered and does not want anything other than to make money for Nevada wildlife.

Secretary Mayer said DAG Nguyen advised him that this issue has already been looked into.

Discussion ensued on administrative fees – Determined that national organizations - Rocky Mountain Elk Foundation and Wild Sheep Foundation, charge those fees, not the local state organizations.

COMMISSIONER WALLACE MOVED TO APPROVE CR 12 – 03 2013 WILDLIFE HERITAGE AMENDMENT #1 AS PRESENTED WITH EXCEPTION OF WILD TURKEY, THE TWO UNALLOCATED TAGS ALLOCATED TO WILDLIFE HABITAT AND IMPROVEMENT OF NEVADA. COMMISSIONER ROBB SECONDED THE MOTION. MOTION PASSED 8 – 0.

Chairman McBeath said he is concerned with the buyer’s premium that may be charged and asked if a motion could be allowed under this agenda item.

Commissioner Raine said his suggestion is that this is a big subject and discuss it next year.

DAG Nguyen said the agenda description would allow a motion. Commissioner McNinch agreed with Commissioner Raine that it is covered this year and no major red flags and continue discussion next year of what was started last year.

Chairman McBeath requested that the buyer’s premium possibly be on a future agenda.

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NBWC Meeting Elko

June 22, and 23, 2012

16B CR 12 – 06 Seasons, Bag Limits, and Special Regulations for Upland Game Birds, Rabbits, Wild Turkey, Furbearers, American Crow, Mourning and White-Winged Dove, and Falconry Season for Upland Game Birds and Rabbits for the 2012 and 2013 and 2013 and 2014 Seasons – Wildlife Staff Specialists Shawn Espinosa and Russell Woolstenhulme – For Possible Action

Youth Chukar and Hungarian Partridge Season, Youth California and Gambels’ Quail Season, and Youth Rabbit Season

COMMISSIONER ROBB MOVED TO ACCEPT THE YOUTH CHUKAR AND HUNGARIAN PARTRIDGE SEASON, YOUTH CALIFORNIA AND GAMBELS’ QUAIL SEASON, AND YOUTH RABBIT SEASON HUNTS AS PRESENTED. COMMISSIONER WALLACE SECONDED THE MOTION. MOTION CARRIED 8 – 0.

Greater Sage-grouse

Biologist Espinosa said changes are closing Unit 068 due to lower populations and mining activity, added Units 153 and 156 as closed units in Lander, and separated out Humboldt County with a recommended 10 day season. He said the Department is following the Western Association of Fish and Wildlife Agency (WAFWA) guidelines that suggest no more than 10 percent of the estimated fall population be harvested in a given year, and we were 12 percent last year and reducing the season length we should get below that 10 percent.

Commissioner Raine said locals asked him why the Department eliminated Unit 068.

NDOW Biologists Shawn Espinosa and Ken Gray explained: Mary’s Mountain area has had additional mining area exploration and Mary’s Mountain may be mined, only two to three known active leks in there and lacking in sagebrush; also two-thirds of Mary Mountain burned last year, and remaining sage-grouse habitat that remains is above the town of Carlin and there is a lot of activity and is being encroached upon by the mine.

Public Comment –

Jim Evans, Eureka CABMW, read the Eureka CABMW recommendation (exhibit file) for sage-grouse and blue grouse due to dry winter and the drought: Requested to reduce the season from two weeks to one, no change in bag, and opening date of sage-grouse to coincide with blue grouse season. His personal opinion is these are driest conditions since 1965 and would appreciate the reduction due to the dry conditions.

Matt Murray, Elko CABMW, said they recommended shortening the season to one week from two.

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NBWC Meeting Elko

June 22, and 23, 2012

Michael Jurad, Humboldt CABMW, said his board voted to accept NDOW recommendation for sage-grouse in Humboldt County.

John Carpenter said he supports Elko CABMW recommendation for one week and reduce the season.

Chairman McBeath requested the Department respond to the one week recommendation. Shawn Espinosa said in response to the CABMW comments that in Eureka County since 2003 bird banding conducted with 852 male sage-grouse birds banded in conjunction with transmission line study, of those 30 birds (3.5 percent) have been harvested, and subsequently 312 females radio-marked and only nine of those have been shot, and they were wondering what happened and from 2008 – 2010 they monitored the birds during the fall, and looking at Eureka County the majority of birds are harvested are from Three Bar/Robert’s Creek/Cortez Mountain area and hunting is having a very light impact especially with such an intensive study. Taking the argument back to Elko County if we look at wing data collected, 377 wings collected with majority of harvest seeming to be from Montana Mountains in Humboldt for sage-grouse and seeing light harvest in Elko County, if we look at population estimates to harvest estimates in Elko County we are at 4 percent of adult fall population, which is the lowest harvest rate of any county. Mr. Espinosa answered further questions from the Commission regarding wing barrels and sampling data.

Commissioner Howell made a motion, Commissioner Shrum seconded the motion, and after discussion withdrew the motion (second agreed).

COMMISSIONER RAINE MOVED TO APPROVE THE SAGE-GROUSE RECOMMENDATION AS SUGGESTED BY THE DEPARTMENT WITH EXCEPTION OF MOVING EUREKA AND ELKO COUNTIES INTO SAME GROUPING AS HUMBOLDT CABMW, SEPT. 25 TO OCT. 4. COMMISSIONER SHRUM SECONDED THE MOTION. COMMISSIONERS IN FAVOR: HOWELL, SHRUM, RAINE, AND MORI. COMMISSIONERS OPPOSED MCBEATH, ROBB, MCNINCH, AND WALLACE. VOTE: 4 – 4. TIE VOTE, MOTION FAILED.

Commissioner Robb said it is especially important to collect sage-grouse data in Elko and Eureka Counties.

COMMISSIONER ROBB MOVED TO TAKE DEPARTMENT RECOMMENDATIONS ON ALL OF THE SAGE-GROUSE HUNTS INCLUDING THE SHELDON. COMMISSIONER MCNINCH SECONDED THE MOTION.

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NBWC Meeting Elko

June 22, and 23, 2012

Commissioner Mori said as the person who was on the fence and supported the second motion to come to a compromise and to take into account the CABMW recommendations because the CABMW recommendations are important to follow. Rather than be gridlocked, he is comfortable with the figures from the Department and he is not sure that the total impact to sage-grouse is going to be different either way, which is why he will accept the motion. COMMISSIONERS IN FAVOR: MCBEATH, ROBB, MCNINCH, MORI, AND WALLACE. COMMISSIONERS OPPOSED: HOWELL, RAINE, AND SHRUM. MOTION PASSED 5 – 3.

Blue (Dusky and Sooty) and Ruffed Grouse

Michael Jurad, Humboldt CABMW, said they accepted the Department recommendation for blue and ruffed grouse.

Jim Evans, Eureka, said the recommend a delay to Sept. 25 to Nov. 4 to coincide with sage- grouse opener and intent to minimize harvest during early season as birds are on water.

Matt Murray, Elko CABMW, board voted to accept Department recommendation.

Commissioner McBeath asked for Department position on Eureka CABMW recommendation.

Biologist Espinosa said staff is able to spend little time on blue grouse due to current demands of sage-grouse which is unfortunate and sees no biological restriction on Eureka’s recommendation.

COMMISSIONER RAINE RECOMMENDED TO APPROVE BLUE AND RUFFED GROUSE SEASON AS STATED BY THE DEPARTMENT WITH EXCEPTION OF TAKING THE RECOMMENDATION OF SEPT. 25 TO NOV. 4 FOR EUREKA COUNTY ONLY. COMMISSIONER ROBB SECONDED THE MOTION. MOTION PASSED 8 – 0.

Snowcock

COMMISSIONER WALLACE MOVED TO APPROVE. COMMISSIONER MCNINCH SECONDED THE MOTION. MOTION CARRIED 8 – 0.

California Gambel’s Quail, Mountain and Hungarian Chukar

Paul Dixon, Clark CABMW, said one sportsmen recommendation was to get away from the first Saturday and Sunday and go with hard dates to avoid the big crush of opening day hunters. Recommended dates are Oct. 15 – Feb. 1.

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NBWC Meeting Elko

June 22, and 23, 2012

Michael Jurad, Humboldt CABMW, said his board voted for end date of Jan. 31 as that is the historic end date and gives trappers one free month and recognizes the dry status of the habitat.

Joel Blakeslee, Nevada Trappers Association, said shortened bobcat season a few years ago before end of February and chukar was increased into February and result was one week where trappers could go into the chukar hunt areas and would be nice to have that time.

Jim Jenne, Lyon CABMW, said the date specific and weekend specific has been heard so many times and last time was about four years ago, and hate to see consideration to go back the other way.

Judi Caron said opening day is a tradition for many families and recommends keeping the opener on Saturdays for families.

Joe Crim, Pershing CABMW, said he supports the Jan. 31 end date to minimize trapping conflicts.

Commissioner McNinch agreed with what Mr. Jenne said and believes it has settled down the last few years and has not heard any complaints and overlap with trapping is a few days – only three days this year and two days next year.

Commissioner Robb agreed with Ms. Caron and noted that the opening day is important and believes in family. Supports full weekend front and back.

COMMISSIONER ROBB MOVED FOR APPROVAL OF CHUKAR AND HUNGARIAN PARTRIDGE AND GAMBELS AND MOUNTAIN QUAIL AS SUBMITTED BY DEPARTMENT. COMMISSIONER WALLACE SECONDED THE MOTION. MOTION CARRIED 8 - 0.

Pheasant

COMMISSIONER RAINE MOVED TO ACCEPT PHEASANT SEASON. COMMISSIONER HOWELL SECONDED THE MOTION. MOTION CARRIED 8 – 0.

Pygmy and Jack Rabbits

COMMISSIONER MCNINCH MOVED TO ACCEPT DEPARTMENT RECOMMENDATION. COMMISSIONEER WALLACE SECONDED THE MOTION. MOTION CARRIED 8 – 0.

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NBWC Meeting Elko

June 22, and 23, 2012

Chairman McBeath said the Commission will need to return to blue and ruffed grouse because of the break-out of Eureka County and the county line.

Biologist Espinosa said law enforcement staff said the change should be defined by unit rather than county.

Chairman McBeath asked Mr. Espinosa if the area could be defined as the units 141 – 145 otherwise known as Area 14.

Public Comment - None

COMMISSIONER RAINE MOVED TO RETRACT PREVIOUS MOTION ON BLUE AND RUFFED GROUSE. COMMISSIONER ROBB SECONDED THE MOTION. MOTION CARRIED 8 - 0.

COMMISSIONER RAINE MOVED TO APPROVE THE BLUE AND RUFFED GROUSE STATEWIDE AS PRESENTED BY THE DEPARTMENT WITH THE EXCEPTION OF UNITS 141 – 145, OTHERWISE KNOWN AS AREA 14, WITH THOSE SEASON DATES TO BE SEPT. 25 THROUGH NOV. 4. MOTION CARRIED 8 – 0.

Wild Turkey

Biologist Espinosa noted error on application procedures, third paragraph, second sentence, adding wording “over the counter” after www.huntnevada.com, the fourth paragraph and add word “and” in third sentence following www.ndow.org. In Lincoln County the junior wild turkey and general hunt is recommended to be closed, added junior turkey hunt in Unit 151 and 152 of Lander County and Mason Valley WMA, reduction of tags in Unit 102 and 065 of Elko County from 15 to 12 resident, open Unit 192 of Douglas County with recommendation of two tags, and recommendation of increasing tags in Unit 115 of White Pine County from 14 to 18.

Public Comment –

Michael Jurad, Humboldt CABMW, said they voted to accept Department recommendation.

Paul Dixon, Clark CABMW, recommendation for the Wild Turkey Spring hunt for the Moapa Valley Portion of the hunt Units 243, 244, 268, 271 and 272: First hunt have three resident and one non-resident, second hunt have four resident tags, third hunt have four resident tags. An avid turkey hunter that spends considerable time in the field in the Moapa area estimates 120 to 140 birds exist there with lots of mature toms. He also has seen a marked rebound of the population there with reduced harvest objectives over the last several years.

Dane Bradfield, Lincoln, accepted NDOW recommendation and agreed with Mr. Espinosa.

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NBWC Meeting Elko

June 22, and 23, 2012

COMMISSIONER HOWELL MOVED TO APPROVE THE DEPARTMENT RECOMMENDATIONSON THE WILD TURKEY HUNT WITH THE EXCEPTION OF UNITS 243, 244, 268, 271 AND 272 INCLARK COUNTY THE MOAPA VALLEY PORTION, AND TO THE FIRST HUNT ADD ONENONRESIDENT, TO THE SECOND AND THIRD INCREASE RESIDENT HUNT BY ONE EACH.COMMISSIONER SHRUM SECONDED THE MOTION. MOTION CARRIED 8 – 0.

Falconry Season

COMMISSIONER RAINE MOVED TO APPROVE FALCONRY SEASON AS PRESENTED BY THEDEPARTMENT. COMMISSIONER HOWELL SECONDED THE MOTION. MOTION CARRIED 8 – 0.

Beaver, Mink and Muskrat

Paul Dixon, Clark CABMW, said they discussed furbearer seasons and was pretty muchunanimous by his CABMW that these are the right season dates for furbearers.

Michael Jurad, Humboldt CABMW, said they voted to accept beaver, mink and muskratseasons, but wanted to know why furbearers seasons not being set at August meeting asdifficult to make a decision at their CABMW meeting without furbearer data.

Biologist Woolstenhulme said typically the June meeting is when furbearer seasons are set andthe data was not available due to a staff change in the Reno office and he projected andreviewed the data on the screen.

Matt Murray, Elko CABMW, said they voted to accept the furbearer recommendations with the exception of extending the beaver, mink and muskrat, season to April 30, due to the ice in ElkoCounty.

Joel Blakeslee, Nevada Trappers Association, said they support extension of beaver season, noshortage of beavers and the muskrat and mink are incidental and in high country in Rubieswould be good to get up there later in the season.

Biologist Woolstenhulme said for the three species they have been lightly harvested and nopopulation concerns, and the Department would support the extended season.

Caron Tayloe, Washoe County, said the numbers by themselves are not science and that isanecdotal and means nothing to her in making decisions and asked for data on depredationcomplaints, and asked for more information on how these decisions are made.

Biologist Woolstenhulme said depredation numbers are not tracked as far as harvest data.

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NBWC Meeting Elko

June 22, and 23, 2012

Pete Shepherd, board member of Nevada Trappers Association, supports the extended seasonon beaver, mink and muskrat.

Don Molde echoed Ms. Tayloe’s concerns and said he sent correspondence to Commission on beaver trapping which Commissioner Shrum noted. His concern is that only beavers that need to be trapped are trapped. Beaver trapping should receive scrutiny perhaps through the Trapping Regulation Committee.

Judi Caron supports the additional 30 days if the science supports it for additional recreationalopportunity.

Commissioner McNinch said considering where we are with trapping issues, he is not going to support extending season and will stay with the Department recommendation as he does not see the need.

Discussion - long-term harvest trend on beavers, depredation issues, and extending the season for 30 additional days.

COMMISSIONER HOWELL MOVED TO APPROVE THE DEPARTMENT RECOMMENDATIONS FOR MINK, MUSKRAT, BEAVER, WITH THE EXCEPTION OF MOVING THE END DATE FROM MARCH 31 TO APRIL 30. COMMISSIONER RAINE SECONDED THE MOTION. COMMISSIONERS IN FAVOR: CHAIRMAN MCBEATH, ROBB, HOWELL, MORI, RAINE, SHRUM AND WALLACE. COMMISSIONER MCNINCH OPPOSED. MOTION CARRIED 7 – 1.

Otter

Public Comment –

Caron Tayloe, said numbers and anecdotal evidence are not science. She said she has never seen an otter and is a lifelong Nevadan, and asked why is her anecdotal evidence not considered.

Michael Jurad, Humboldt CABMW, voted to accept NDOW recommendations for otter season, and said the Commission may want to extend the season to mirror the beaver season as when trapping beaver you will catch on otter incidentally.

Commissioner McNinch said he will not support an extension due to concerns with the how we are crunching numbers.

Chairman McBeath said he will not support an extension as no indication of depredation issues.

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NBWC Meeting Elko

June 22, and 23, 2012

Commissioner Robb said his concern is whether we will cause enforcement issue and putting trappers in jeopardy of accidental take.

Discussion - Extended season length relative to law enforcement.

COMMISSIONER RAINE MOVED TO APPROVE THE OTTER SEASON AS PROPOSED BY THE DEPARTMENT WITH ADDITIONAL WORDS “COUNTIES OR SEASONS DATES” INSERTED.

Chairman McBeath said that is not clear – further discussion to clarify the wording.

COMMISSIONER RAINE RESTATED HIS MOTION: MOVED TO INSERT WORDING IN SPECIAL REGULATION SECTION “WHICH ARE CLOSED, OR OUTSIDE OF THE PRESCRIBED SEASON” CONTINUE WITH THE PERSON TRAPPING OR KILLING… COMMISSIONER HOWELL SECONDED THE MOTION. COMMISSIONERS IN FAVOR: MCBEATH, HOWELL, MCNINCH, MORI, RAINE, SHRUM, AND WALLACE. COMMISSIONER ROBB OPPOSED. MOTION PASSED 7 – 1.

Kit and Red Fox

Public Comment -

Michael Jurad, Humboldt CABW, said they accepted NDOW recommendations for kit and red fox.

COMMISSIONER HOWELL MOVED TO APPROVE KIT AND RED FOX SEASONS AS PRESENTED. MOTION SECONDED. MOTION CARRIED 8 – 0.

Bobcat Season

Biologist Woolstenhulme presented the bobcat recommendation and said NDOW has extensive bobcat data as far back as 32 year which is used for harvest statistics.

Public Comment -

Pete Shepherd said the bobcat season in 2011 and 2012 was Nov. 1 through the last day of February and concurred that season length be continued.

Paul Dixon, Clark CABMW, commented on data gathering by NDOW which is based on ratios, and using the ratios for population analysis.

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Don Molde, provided a handout (exhibit file) and said NDOW provides a ratio and ratio of total kittens against ratio of breeding females and he reviewed his spreadsheet. Mr. Molde said he plans to keep adding to his graphs if data is available, and agreed that NDOW does collect data they just do not do enough with it and that is where he will try to help.

Joel Blakeslee, Nevada Trappers Association, said analysis of data shows strong statewide recruitment especially strong in the Mojave Desert last year. He said he looked at graphs Mr. Molde sent in email which he has seen in the past and have to ask what does that have to do with anything, and he is trying to confuse the Commission and he noted a newspaper article from 1985 stating the same thing he just said. H said he and Mr. Molde have been discussing bobcat population numbers for the past 35 years. Mr. Blakeslee said bobcats are one of the most prolific predators of birds on ground nesting birds and with concerns about sage-grouse being endangered their trapping efforts are doing more than the human dynamic is, as far as harvesting these birds.

Caron Tayloe, said she appreciates the science provided on the bobcat population by Mr. Molde and for trying to quantify this. When you talk about money which is about $500 per bobcat pelt and for the Commission to take evidence from trapper’s who profit from the harvest of the animals is like Congress looking at their own salary, and need to be careful and have independent research.

Michael Jurad, Humboldt CABMW, said Humboldt voted unanimously for bobcat and gray fox season to run concurrently and would like it to mirror the waterfowl zones and provided dates, the reason is because pelts are not prime in warmer areas in November. Recommendation is northeast zone Nov. 1 – Feb. 28; northwest and southern and all other counties of the state, Dec. 1 to last day of February.

Joel Blakeslee, Nevada Trappers Association, said the Association did not support the Humboldt CABMW proposal due to congestion.

Trish Swain, TrailSafe, said she supports Mr. Molde and continuing further discussion about furbearing animals in the Trapping Regulation Committee.

Discussion on bobcat model development and completion of the bobcat model – Biologist Woolstenhulme and Commissioner McNinch (video 12:16 p.m.).

COMMISSIONER HOWELL MOVED TO APPROVE THE BOBCAT SEASON AS PRESENTED BY THE DEPARTMENT. COMMISSIONER RAINE SECONDED THE MOTION. MOTION CARRIED 8 - 0.

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Gray Fox

COMMISSIONER ROBB MOVED TO ACCEPT THE GRAY FOX SEASON AS PRESENTED BY THE DEPARTMENT. COMMISSIONER WALLACE SECONDED THE MOTION. MOTION CARRIED 8 – 0.

B obcat Sealing Dates

COMMISSIONER ROBB MOVED TO APPROVE THE BOBCAT SEALING DATES AS PRESENTED BY THE DEPARTMENT. COMMISSIONER WALLACE SECONDED THE MOTION. MOTION CARRIED 8 – 0.

American Crow, Mourning and White-Winged Dove

COMMISSIONER ROBB MOVED TO APPROVE AMERICAN CROW, MOURNING AND WHITE-WINGED DOVE SEASONS AS RECOMMENDED BY THE DEPARTMENT. COMMISSIONER WALLACE SECONDED THE MOTION. MOTION CARRIED 8 – 0.

16 C Commission General Regulation 406 – Trapping Regulations for Congested and Residential Area

Chief Buonamici incorporated the changes to the regulation as discussed yesterday and reviewed them, and he said he spoke with LCB staff and inserting “based on the U.S. census” is perfectly acceptable for Section 1 after “population is 100,000 or more” and striking fur-bearing mammal and replacing with “animal.”

Commissioner Mori asked to remove the word “with” from Section 1, second sentence.

Chief Buonamici agreed that the word “with” is not necessary.

Public Comment - None

COMMISSIONER MCNINCH MOVED TO APPROVE LCB FILE NO. R062 – 12 WITH CHANGES NOTED BY CHIEF BUONAMICI AND COMMISSIONER MORI. COMMISSIONER ROBB SECONDED THE MOTION. MOTION PASSED 8 – 0.

16 D Commission General Regulation (CGR) 407 – Wildlife Heritage Trust Account – Deputy Director Cates

Chairman McBeath said no changes were brought forth from yesterday’s workshop, changing process from contracts to grants.

Public Comment - None

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COMMISSIONER WALLACE MOVED TO APPROVE CGR 407, COMMISSIONER RAINE SECONDED THE MOTION. MOTION PASSED 8 – 0.

16 E CGR 408 – Aquatic Invasive Species Decontamination Regulations – Chief Rob Buonamici

Chief Buonamici said from yesterday’s workshop discussion there were no changes to language but option discussed to add Section 3 – “for the purposes of Section 1 and 2 decontamination and inspection only apply to vessels capable of retaining water.” He checked with LCB staff and they approved the new addition.

Secretary Mayer said he will direct staff to test float tubes and other devices to see if they retain water in their skin and if organisms can live on those devices, and if so, the regulation could be amended.

Public Comment –

COMMISSIONER RAINE MOVED TO APPROVE CGR 408 WITH THE ADDITION OF LANGUAGE AS READ BY CHIEF BUONAMICI ADDING SECTION 3. COMMISSIONER WALLACE SECONDED THE MOTION. MOTION CARRIED 8 – 0.

F CGR 409, Aquatic Invasive Species Fees Related to Vessels – Chief Rob Buonamici – For Possible Action

Chief Buonamici said yesterday discussed the regulation with possible amendment of applying this only to “vessels capable of retaining water” and to accomplish that he recommended inserting a new Section 4, which would read “with provisions of Section 2 and 3 only apply to vessels capable of retaining water.” Section 4 would become Section 5.

Public Comment -

Gil Yanuck, Carson CABMW, said his board requested that the fishing license fee be increased by $5 instead of buying decals. Under 120,000 fishing licenses and one-day permits are sold and if that price was raised you would raise $600,000, the same as the decal for decontamination program, and would be easier to increase the fee as an alternative to the decal program.

Chief Buonamici said he appreciates Carson CABMW’s suggestion and would make life easier however NRS 488.536 (2) has specific language regarding the decal and that the Commission establish the fee.

COMMISSIONER RAINE MOVED TO APPROVE CGR 409 AS PRESENTED BY THE DEPARTMENT WITH THE ADDITION OF THE LANGUAGE IN NEW SECTION 4 AS STATED BY CHIEF BUONAMICI. COMMISSIONER SHRUM SECONDED THE MOTION. MOTION PASSED 8 – 0.

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17 Wildlife Heritage Committee – Commissioner Wallace and Deputy Director Cates

A Commission Policy #11, Heritage Grant Manual, Final Reading – For Possible Action

Commissioner Wallace provided a revised Policy #11 with the changes included from yesterday’s workshop (exhibit file).

Public Comment - None

COMMISSIONER WALLACE MOVED TO APPROVE COMMISSION POLICY #11 AS PRESENTED BY THE DEPARTMENT WITH CHANGES. COMMISSIONER MCNINCH SECONDED THE MOTION. MOTION PASSED 8 – 0

B FY 2012 and FY 2011 Heritage Project Extensions – For Possible Action

Commissioner Wallace recommended to begin with fiscal year 11 and then move to fiscal year 12. He said at the committee meeting they had two requests for extensions for 2011 projects, 11 – 16, Kelly Creek Water and Wildlife Protection project, in the amount of $735.27, and 11 – 17, lion depredation. Extension for 11 -16 was approved by the committee and they denied the extension for Project 11 – 17.

Commissioner Raine asked why the committee did not approve the extension for Project 11 – 17.

Commissioner Wallace said his reasons for denial, is that this was one of the most controversial issues and the Commission was sued over it, and secondly the project proponent said the reason for not completing the project was drought, and he personally did not feel project was sustainable in first place and when he could not be complete the project he could not see the point of extending it considering problems with the first approval.

Commissioner Robb’s said his comments mirror Commissioner Wallace.

Commissioner Raine said the past winter was the driest and that was what he understood the reason to be and considering the conditions and area. He definitely proved that there was a lion problem in the area. Also the area was prime mule deer habitat before being almost extripated and the thought was it was lions, and eliminate them and see if that case. He said it is a reasonable dollar amount for project and return.

Commissioner Wallace said the decision by the committee was unanimous.

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Commissioners Robb and Wallace both agreed that as sportsmen the project leaves a bad taste to them.

Chairman McBeath said he opposed the project when initially proposed and still opposes the project

Public Comment -

Rex Flowers, Washoe CABMW, said they opposed both project extensions on the basis that the projects should have been completed within two years.

Paul Dixon, Clark CABMW, speaking for himself said he feels strongly about the project as it was a driver in the lawsuit he filed and should not be extended into the future.

COMMISSIONER WALLACE MOVED TO APPROVE THE PROJECT EXTENSION REQUEST OF 11 – 16 AND DENY PROJECT EXTENSION REQUEST OF 11 – 17 AS SUBMITTED TO THE COMMISSION BY THE COMMITTEE FOR FISCAL YEAR 2011. COMMISSIONER ROBB SECONDED THE MOTION. COMMISSIONERS IN FAVOR: CHAIRMAN MCBEATH, ROBB, MCNINCH, MORI AND WALLACE. COMMISSIONERS HOWELL, SHRUM AND RAINE OPPOSED. MOTION PASSED 5 – 3.

Commissioner Wallace reviewed the project balances and extensions and said the committee voted to approve extensions for fiscal year 12 projects: 12-01, 12-05, 12-06, 12-18, 12-19, 12-20, 12-21, 12-22, 12- 30, and 12 – 30; the committee recommended denial of Projects 12 -25 and 12 – 29.

Discussion – Committee denial of Project 12 – 29, predator control (ravens) to improve sage-grouse nest success.

Public Comment -

John Carpenter said project delayed and was never started and work was done this year in the time span that they had and in control areas where NDOW tells them to be. He asked that the Commission not stop the project.

Don Molde said to please stop the project as the number of ravens killed by Wildlife Services is three-quarters of all the ravens taken in the U.S., and that was brought to the attention of USFWS, and Wildlife Services lost their unlimited permit, and now NDOW and Wildlife Services each have permits for raven take.

Rex Flowers, Washoe CABMW, said they voted to deny the extension for 12–25, 12–29 and 12–30, because projects had not been started in a year’s time and 12-25 was never supported. They voted to support an extension for Projects 12-05, 12-06 and 12-18. Personally would like

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12-18 through 12-22 funded at 100 percent from fiscal year 2012 for on the ground water for sheep.

Paul Dixon, Clark CABMW, said we heard from Commissioner Raine on how this is affecting the mining and cattle industries and he asked how much money mining and ranching are putting up for raven control that affects sage-grouse, as it their livelihood being impacted. Their resources are greater than sportsmen and they should pony up double and triple the dollars for this and he does not see that, they want sportsmen to pay for it. He said when he sees them step up with same money sportsmen have to date, he will have different opinion.

Commissioner Mori said in response to Dr. Dixon, he is a member of the N1 Grazing Board and funding comes from grazing fees and Wildlife Services comes to that board and money is expended to Wildlife Services for the take of 1,500 ravens per year, twice a year, and the livestock industry is providing money and working in the same way as sportsmen do.

Discussion of Project 12-29 (video 2:21 p.m.) and raven control.

COMMISSIONER WALLACE MOVED TO APPROVE THE PROJECT EXTENSION REQUEST FOR PROJECTS 12–01, 12-05, 12-06, 12-18, 12-19, 12-20, 12-21, 12-22 AND 12-30. COMMISSIONERS IN FAVOR: CHAIRMAN MCBEATH, ROBB, MCNINCH, MORI AND WALLACE. COMMISSIONERS HOWELL, SHRUM AND RAINE OPPOSED. MOTION PASSED 5 – 3.

COMMISSIONER WALLACE MOVED TO DENY THE EXTENSION FOR 12–25 FOR FY 12. COMMISSIONER ROBB SECONDED THE MOTION. COMMISSIONERS IN FAVOR: CHAIRMAN MCBEATH, ROBB, MCNINCH, MORI AND WALLACE. COMMISSIONERS HOWELL, SHRUM AND RAINE OPPOSED. MOTION PASSED 5 – 3.

COMMISSIONER WALLACE MOVED TO DENY THE EXTENSION FOR 12–29 FOR FY 12. COMMISSIONER ROBB SECONDED THE MOTION. COMMISSIONERS IN FAVOR: CHAIRMAN MCBEATH, ROBB, MCNINCH, MORI AND WALLACE. COMMISSIONERS HOWELL, SHRUM AND RAINE OPPOSED. MOTION PASSED 5 – 3.

C FY 2012 AND FY 2011 Heritage Funding Reallocation – For Possible Action

Commissioner Wallace said the committee recommendation was to reallocate some of the money and using the reallocation they had $102,226.58, and using projects that extensions were approved, they reallocated to the following projects: Project 12 – 01, $40,800; 12–18. $8,000; 12 – 19, $4,447; 12- 20 and 12 – 21, made all full funding $3,447 for each project; $62,588 total; with $39,638.58 remaining balance to reallocate.

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Public Comment –

Rex Flowers, Washoe CABMW, speaking for himself asked that Project 12-18 that it be fully funded.

Commissioner Robb said he spoke to Paul Harris and the group is obtaining cheaper tanks and if fully funded they can’t provide receipts to show they spent the money and that is why the committee did not award the full allocation.

Paul Dixon, Clark CABMW, said he appreciates the Commission putting the Heritage Account back to its original purposes and not just predator projects.

Dane Bradfield, Lincoln CABMW, said they want Projects 12-18 through 12-22 fully funded and noted correction to spreadsheet.

Larry Johnson, NBU, said they support the Fraternity projects they are the highest priority.

Chairman McBeath said the Commission will process a motion for the amounts for the reallocation and then return to the extensions. COMMISSIONER WALLACE MOVED TO REALLOCATE THE $102,226.58 FUNDING AS FOLLOWS: FOR PROJECT 12-01, $40,800; PROJECT 12-18, $8,000; PROJECT 12-19, $3,447; PROJECT 12-20 $3,447; PROJECT 12-21, $3,447; 12-22, $3,447; 12-35, $6,000; AND 12-37 IN THE AMOUNT OF $8,499; AND 12-36, IN THE AMOUNT OF $25,139.58 COMMISSIONER ROBB SECONDED THE MOTION. COMMISSIONERS IN FAVOR: CHAIRMAN MCBEATH, ROBB, MCNINCH, MORI AND WALLACE. COMMISSIONERS HOWELL, SHRUM AND RAINE OPPOSED. MOTION APPROVED 5-3.

COMMISSIONER WALLACE MOVED TO EXTEND PROJECTS 12-35, 12-37 AND 12-36. COMMISSIONER ROBB SECONDED THE MOTION.

Commissioner Raine said the motion did not include the additional amounts form Projects 12-19 through 12-22.

Chairman McBeath said the motion should extend all of the projects.

COMMISSIONER WALLACE RESTATED THE MOTION, AND MOVED TO EXTEND PROJECTS 12-01, 12-05, 12-06, 12-18, 12-19, 12-20, 12-21, 12-22, 12-30, 12-35, 12-37, AND 12-36. COMMISSIONER ROBB SECONDED THE MOTION.

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Commissioner Raine said some of these projects were already extended and approved with amounts already there and should be the ones with additional money, otherwise have to retract.

COMMISSIONERS WALLACE AND ROBB RETRACTED THE MOTION AND THE SECOND.

COMMISSIONER WALLACE MOVED TO EXTEND PROECTS 12-01, 12-18, 12-19, 12-20, 12-21, 12-22, 12-35, 12-37, AND 12-36. COMMISSIONER ROBB SECONDED THE MOTION. COMMISSIONERS IN FAVOR: CHAIRMAN MCBEATH, ROBB, MCNINCH, MORI AND WALLACE. COMMISSIONERS HOWELL, SHRUM AND RAINE OPPOSED. MOTION APPROVED 5-3.

Commissioner Raine said for clarification extensions have money attached and is noted on the paper, you could extend projects for less than denoted on the paper and may include in motion the amounts as stated in support material plus the ones just approved, and basically how much.

Chairman McBeath said the Commission approved the amounts in previous motion.

D FY 2013 Heritage Project Proposals – For Possible Action

Commissioner Wallace said final recommendation to the Commission is Project 13-01 in the amount of $77,000; 13-02 in the amount of $70,000; Project 13-03 in the amount of $40,000; Project 13-04 in the amount of $65,000; Project 13-05 in the amount of $20,000; Project 13-05 in the amount of $20,000; Project 13-06 in the amount of $30,000; Project 13-07 in the amount of $13,000; Project 13-08 in the amount $35,000; Project 13-09 in the amount of $30,000; Project 13-12 in the amount of $40,000; Project 13-13 in the amount of $30,000; Project 13-15 in the amount of $5,000; Project 13-16 in the amount of $5,000; Project 13-17 in the amount of $5,000; 13-18 in the amount of $5,000; 13-19 in the amount of $5,000; 13-23 in the amount of $4,000; 13-20 in the amount of $20,000; and 13-21 in the amount of $26,796; total allocation of $525,796.

Commissioner Robb said if he were to make a motion he would take $5,000 from the Fraternity and drop it into 13-21 because Chad Bliss asked him about this project multiple times and hard to tell someone who put $400,000 plus in the Heritage Account that we are not giving him extra money and $5,000 not much compared to what they are requesting and would encourage Eureka County to apply for the money again next year.

Commissioner Wallace asked for clarification.

Commissioner Robb said he would take 13-15 to zero and increasE 13-21 to $31,796.

Chairman McBeath said the project at issue in Commissioner Robb’s motion is a rebuild and moving of a top project in the Muddy’s that supports a tremendous amount of sheep, and they

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are proposing to actually construct a new guzzler and when the sheep acclimate to the new guzzler they are going to remove the old guzzler and is a very important project, and reminded everyone that this organization raises funds of which every dime is put on the ground. He said even though they say they don’t need it he is a little confused as he knows they need the money; however Paul Harris mentioned to him that they are satisfied with the committee recommendation.

Commissioner Robb said he had multiple discussions with Mr. Harris and with reallocation of money the year before and funding this year he was satisfied and said they will work with other non-profits for money. He said it was his idea to reallocate the $5,000 when they said they did not need it they will understand in his opinion.

Commissioner Wallace said his understanding was the project would go forward with or without the funding.

Chairman McBeath said he also discussed this with Paul Harris and project numbers include removal of the old guzzler and will be a multi-year project and requested the committee to keep that in mind if they return with additional request if the reallocation goes through. He said he can support Commissioner Robb’s suggestion.

Public Comment -

Larry Johnson, NBU, said they will write a check.

Rex Flowers, Washoe CABMW, said his board recommended reducing Project 13-04 from $65,000 to $45,000 and 13-09 reduce from $30,000 to $20,000, based on the fact that these are habitat projects and Dream tag funding soon will be available for them to make application to and will free up money, will be pushing for 13-15 to be funded.

Gil Yanuck, Carson CABMW, said his board’s recommendations favored Projects 13–03, 13-09, and 13–21 in support of sage-grouse.

Dane Bradfield, Lincoln CABMW, said they support more funding for Projects 13-16 through 13–19, and are happy with project they put in 13–23 for the amount of $4,000, and also support 13-15 in the Muddy Mountains as critical sheep habitat. Mr. Bradfield said personally understands the importance of pinyon-juniper encroachment reduction as same problem in Lincoln County.

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COMMISSIONER HOWELL MOVED TO APPROVE THE HERITAGE COMMITTEE’S RECOMMENDED LIST FOR THE DOLLAR AMOUNTS THEY STATED, TOTAL $525,796, NO ADJUSTMENTS. COMMISSIONER SHRUM SECONDED THE MOTION. COMMISSIONERS IN FAVOR: HOWELL, SHRUM AND RAINE. COMMISSIONERS OPPOSED: CHAIRMAN MCBEATH, ROBB, MCNINCH, MORI AND WALLACE. MOTION FAILED 3 - 5.

COMMISSIONER WALLACE MOVED TO APPROVE THE HERITAGE COMMITTEE RECOMMENDATION LIST FOR FISCAL YEAR 2013 AS PRESENTED WITH THE EXCEPTION REMOVE FUNDING FROM PROJECT 13-15 AND MOVE TO 13-21 MAKING THE TOTAL OF 13-21 $31,796. COMMISSIONER ROBB SECONDED THE MOTION. MOTION PASSED 8 – 0.

18 Reports – Informational

A Legislative Update – Secretary Ken Mayer

Secretary Mayer said two Bill Draft Requests (BDRs) submitted, one is a companion law to the federal Lacey Act which prohibits transporting illegally taken wildlife into Nevada, and the second BDR is boat law clean-up affecting the stolen boat process and boating accident reporting threshold to be raised from $500 to $2,000. Full report contained in the exhibit file.

B Sage-grouse Update – Secretary Ken Mayer

Secretary Mayer said Commissioner Robb provided a great update describing the Governor’s Sage-grouse Advisory Committee meeting earlier today and the Bi-State action plan has ranked the highest priority items and the number one threat is pinyon-juniper encroachment. The Nevada Partners for Conservation and Development of which the Department staffs, is working with the Bi-state Executive Oversight Committee (EOC) to bring in money to work on high level priority projects and the lek survey is complete with funding internal and external funding in the amount of a little over $50,000 and that opened people’s eyes to leks with birds. The number two concern of the Bi-state is private land, and obtaining easements. Funding for easements is being worked on through others and in fact he is working on putting together a meeting with organizations in Nevada and outside Nevada that provide funding for conservation work and then meet with private landowners to have a “marriage” as every landowner’s situation is different. The Executive Oversight Committee is chaired by him and will meet at WAFWA and appears that the new Governor’s Secretary of the Interior Sage-grouse Task Force has also been meeting as well as individual state efforts and actually incredible how much work is being done on sage-grouse.

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Commissioner Raine said he talked to the highest level of BLM fire incident command to see if there are designated no control areas in Nevada for wildfires for pinyon-juniper encroachment and found out locally those control areas do not exist and maybe disconnect in the BLM because for pinyon-juiper encroachment it is a cheap solution to let it burn.

Secretary Mayer said he will check with Raul Morales of BLM on that issue and 10 tankers are on standby time to defend sage-grouse habitat in Nevada which are being paid from Ruby Pipeline funding.

Commissioner Shrum said on sage-grouse he had copies of whitepaper prepared for Elko County Commission from Western Range Service, and the other is a reply to BLM from Western Range Service and provided the two letters for the exhibit file.

18 C Sunset Committee Update Report – Chairman McBeath

Chairman McBeath said the first Sunset Committee got off track and did not allow much testimony from himself or Secretary Mayer, and the follow-up Sunset Committee meeting was attended by Chairman McBeath, Deputy Director Haskins and MA III Kim Jolly. The Department and Commission sent letters addressing comments at the first Sunset Committee meeting, and numerous letters were submitted to the committee by NGO’s, the Coalition, and Safari Club. The actual meeting had great turnout and due to attendance public comment was limited to two minutes each and he thanked all who participated in person and through letters. When the committee went into workshop an initial vote was made to recommend that the Wildlife Commission continue and further discussion ended up with a vote to recommend the Legislative Commission look into area of structure of the Wildlife Commission during the next session and he said we will need to be involved every step of the way during the session.

18 D Trapping Regulation Review Update – Chief Game Warden Buoanimici

Chief Buonamici said there are three phases to process: Phase one was SB 226 regulation which was completed today, second phase is issues identified in Clark County and yesterday comments identified situation in Clark County being similar to Washoe and have mockup draft in process via direction from Trapping Committee and are looking at amending NAC 504.340 which is areas closed to hunting and trapping which is how Washoe County situation was handled. Phase three is a few other trapping regulations that have been not been discussed for some time and will update those regulations: Trap visitation, trap placement and season, types of traps allowed land/water, quick kill snares, break away devices for animals accidentally caught. He said staff met with TrailSafe and Nevada Trappers Association, positive reaction to some sections and some negative, and public comment will be taken at the future meetings.

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F Litigation Report – DAG Nguyen

DAG Nguyen reviewed the litigation report as submitted (exhibit file).

19 Nevada Board of Wildlife Commissioner’s Committee Assignments – Chairman McBeath – For Possible Action

Chairman McBeath said to the Legislative Committee he is adding two new members, TinaNappe and Kyle Davis, and the first committee meeting should be in August; TrappingRegulation Committee has been assigned development of the new NDOW regulations for rollout to the public.

Commissioner Robb said with all his committee duties he has been unable to keep up with his assignment to attend the Dream Tag Committee due to his work schedule and statute statesthat the vice chairman attend and he asked if he could be excused or someone else bedesignated to attend.

Secretary Mayer said alternatives can be looked into.

20 Future Commission Meeting – Director Ken Mayer – For Possible Action

Secretary Mayer said agenda items for Winnemucca in August are election of the chairman andvice chairman, trapping regulation and waterfowl regulations.

21 Public Comment Period –

Don Molde said he appreciated Commissioner Howell’s service and sense of humor. He saidhe has good news that a press release from Wild Earth Guardians on the 10 deadliest countiesin the west with Wildlife Services kill numbers that Elko County is the #1 deadliest county in thewest for predator control and Nevada has two other counties in the top ten – Humboldt Countyat number four and White Pine at number seven. Nevada has three and Wyoming has five sowe still have work to do.

Joel Blakeslee thanked the Commission for their work on the Trapping Regulation Committeeand he heard yesterday the statement that this is a good start and thinks that there should be agood end and need to give thought to the end game too.

Meeting adjourned 4:52 p.m.

NOTE: The minutes are a summary of the meeting. At the Department of Wildlife headquarters in Reno is a complete record of the meeting, including recordings; and all the exhibits received/referenced during the meeting. The record is available upon request.

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