Proposed hunting-tag plan runs afoul of state laws

Thursday, March 28, 1996 | 11:59 a.m.

CARSON CITY -- It may be illegal, but the state Division of Wildlife is moving ahead with a plan to give thousands of hunters a second chance to get a big game tag.

In the process, the division expects to collect an extra $250,000 a year to help with its financial problems.

The legal staff of the Legislative Counsel Bureau says a key element of the program does not comply with Nevada law.

But Terry Crawforth, deputy director of wildlife, said Wednesday, "It's full steam ahead. From everything we hear from the people who hunt big game, they are all excited about this."

State Wildlife Commissioner Bill Bradley of Reno added, "This is a wonderful program and the sportsmen support it."

Under the program, authorized by the 1995 Legislature, a hunter who did not get a deer tag or a big game tag "can let their money ride" for a chance to get a special tag.

Hunters send in $100 for an elk or bighorn sheep tag, $50 for an antelope tag and $20 for a deer tag. Now, the money is refunded if their names are not picked.

About half the 40,000 Nevada residents who applied for a tag last year received one.

Under the new program, hunters could leave their names in for a second limited drawing if they agree to donate half the advance fee submitted for elk, bighorn sheep and antelope.

Those seeking deer tags in the second drawing would forfeit all of their $20 advance fee.

They would be eligible for up to 25 deer tags and 13 special big game tags.

The law requires the division to keep all fees submitted and not return any to the hunter who wants to take part in the second drawing. It was the clear intent of the division, when it asked for the law, to refund 50 percent.

The Legislature's legal staff objected to the proposed regulation on grounds that a 50 percent refund isn't authorized in law.

When there are questions about a regulation, the issue is submitted to the Legislative Commission, a group of lawmakers that takes care of business between sessions.

The Wildlife Commission deadlocked 4-4 Wednesday on whether to approve the regulation starting the program.

The commission can object to an executive agency regulation but the rule can still go into effect if the agency wants it to.

Assemblyman John Carpenter, R-Elko, co-chairman of the Natural Resources, Agriculture and Mining Committee, said it was intended to authorize the program with a 50 percent refund.

"I guess we didn't have our ducks in a row," Carpenter said, referring to the conflict in the law. "There were no objections to do it (the refund)."