Assembly Bill No. 494–Assemblymen Humke, Lee, Neighbors, Von Tobel, Cegavske, Angle, Arberry, Beers, Brown, Carpenter, Chowning, Claborn, Collins, Gibbons, Giunchigliani, Gustavson, Hettrick, Leslie, Manendo, Marvel, McClain, Mortenson, Nolan, Ohrenschall, Price and Tiffany

 

March 19, 2001

____________

 

Joint Sponsors: Senators James, McGinness and Shaffer

____________

 

Referred to Committee on Natural Resources, Agriculture, and Mining

 

SUMMARY—Makes various changes to provisions relating to wildlife. (BDR 45‑8)

 

FISCAL NOTE:            Effect on Local Government: No.

                                    Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to wildlife; eliminating the division of wildlife of the state department of conservation and natural resources; creating the department of wildlife; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

1-1    Section 1.  Chapter 501 of NRS is hereby amended by adding thereto

1-2  the provisions set forth as sections 2 and 3 of this act.

1-3    Sec. 2.  As used in this Title, “department” means the department of

1-4  wildlife.

1-5    Sec. 3.  As used in this Title, “director” means the director of the

1-6  department.

1-7    Sec. 4.  NRS 501.047 is hereby amended to read as follows:

1-8    501.047  As used in this Title, “game warden” means any person

1-9  authorized by the [administrator] director to enforce the provisions of this

1-10  Title and of chapter 488 of NRS.

1-11    Sec. 5.  NRS 501.119 is hereby amended to read as follows:

1-12    501.119  1.  The [division] department is authorized to determine

1-13  methods of obtaining necessary data from hunters, trappers and fishermen

1-14  relative to their activities and success.

2-1    2.  The methods may include return of reports attached to licenses and

2-2  tags or questionnaires addressed to license holders.

2-3    3.  Failure to return such a report or questionnaire within the period

2-4  specified by regulation of the commission or the submission of any false

2-5  statement thereon is cause for the commission to:

2-6    (a) Deny the person the right to acquire any license provided under this

2-7  Title for a period of 1 year; or

2-8    (b) Levy an administrative fine of $50 against the person.

2-9    4.  Any statement made on such a report or questionnaire may not be

2-10  the basis for prosecution for any indicated violations of other sections of

2-11  this Title.

2-12    Sec. 6.  NRS 501.181 is hereby amended to read as follows:

2-13    501.181  The commission shall:

2-14    1.  Establish broad policies for:

2-15    (a) The protection, propagation, restoration, transplanting, introduction

2-16  and management of wildlife in this state.

2-17    (b) The promotion of the safety of persons using or property used in the

2-18  operation of vessels on the waters of this state.

2-19    (c) The promotion of uniformity of laws relating to policy matters.

2-20    2.  Guide the [division] department in its administration and

2-21  enforcement of the provisions of this Title and of chapter 488 of NRS by

2-22  the establishment of such policies.

2-23    3.  Establish policies for areas of interest including:

2-24    (a) The management of big and small game mammals, upland and

2-25  migratory game birds, fur-bearing mammals, game fish, and protected and

2-26  unprotected mammals, birds, fish, reptiles and amphibians.

2-27    (b) The control of wildlife depredations.

2-28    (c) The acquisition of lands, water rights and easements and other

2-29  property for the management, propagation, protection and restoration of

2-30  wildlife.

2-31    (d) The entry, access to, and occupancy and use of such property,

2-32  including leases of grazing rights, sales of agricultural products and

2-33  requests by the [administrator] director to the state land registrar for the

2-34  sale of timber if the sale does not interfere with the use of the property on

2-35  which the timber is located for wildlife management or for hunting or

2-36  fishing thereon.

2-37    (e) The control of nonresident hunters.

2-38    (f) The introduction, transplanting or exporting of wildlife.

2-39    (g) Cooperation with federal, state and local agencies on wildlife and

2-40  boating programs.

2-41    (h) The revocation of licenses issued pursuant to this Title to any person

2-42  who is convicted of a violation of any provision of this Title or any

2-43  regulation adopted pursuant thereto.

2-44    4.  Establish regulations necessary to carry out the provisions of this

2-45  Title and of chapter 488 of NRS, including:

2-46    (a) Regular and special seasons for hunting game mammals and game

2-47  birds, for hunting or trapping fur-bearing mammals and for fishing, the

2-48  daily and possession limits, the manner and means of taking wildlife,

2-49  including, but not limited to, the sex, size or other physical differentiation

3-1  for each species, and, when necessary for management purposes, the

3-2  emergency closing or extending of a season, reducing or increasing of the

3-3  bag or possession limits on a species, or the closing of any area to hunting,

3-4  fishing or trapping. The regulations must be established after first

3-5  considering the recommendations of the [division,] department, the county

3-6  advisory boards to manage wildlife and others who wish to present their

3-7  views at an open meeting. Any regulations relating to the closure of a

3-8  season must be based upon scientific data concerning the management of

3-9  wildlife. The data upon which the regulations are based must be collected

3-10  or developed by the [division.] department.

3-11    (b) The manner of using, attaching, filling out, punching, inspecting,

3-12  validating or reporting tags.

3-13    (c) The delineation of game management units embracing contiguous

3-14  territory located in more than one county, irrespective of county boundary

3-15  lines.

3-16    (d) The number of licenses issued to nonresidents for big game and, if

3-17  necessary, other game species for the regular and special seasons.

3-18    5.  Adopt regulations requiring the [division] department to make

3-19  public, before official delivery, its proposed responses to any requests by

3-20  federal agencies for its comment on drafts of statements concerning the

3-21  environmental effect of proposed actions or regulations affecting public

3-22  lands.

3-23    6.  Adopt regulations:

3-24    (a) Governing the provisions of the permit required by NRS 502.390

3-25  and for the issuance, renewal and revocation of such a permit.

3-26    (b) Establishing the method for determining the amount of an

3-27  assessment and the time and manner of payment, necessary for the

3-28  collection of the assessment required by NRS 502.390.

3-29    7.  Designate those portions of wildlife management areas for big game

3-30  mammals that are of special concern for the regulation of the importation,

3-31  possession and propagation of alternative livestock pursuant to NRS

3-32  576.129.

3-33    Sec. 7.  NRS 501.1812 is hereby amended to read as follows:

3-34    501.1812  As used in NRS 501.1812 to 501.1818, inclusive, unless the

3-35  context otherwise requires:

3-36    1.  “License” means a license or tag issued by the [division]

3-37  department for:

3-38    (a) Recreational hunting or fishing; or

3-39    (b) Taking fur-bearing mammals, trapping unprotected mammals or

3-40  selling raw furs for profit.

3-41    2.  “Permit” means a permit issued by the [division] department for

3-42  recreational hunting or fishing.

3-43    3.  “Wildlife conviction” means a conviction obtained in any court of

3-44  competent jurisdiction in this state, including, without limitation, a

3-45  conviction obtained upon a plea of nolo contendere or upon a forfeiture of

3-46  bail not vacated in any such court, for a violation of:

3-47    (a) A provision of this Title or any regulation adopted pursuant to this

3-48  Title other than a provision of NRS 502.370, 502.390, 503.185, 503.310 or

3-49  504.295 to 504.390, inclusive; or

4-1    (b) A provision of the Lacey Act Amendment of 1981, Public Law 97-

4-2  79, if the violation of that provision is based on a violation of a law or

4-3  regulation of this state.

4-4    Sec. 8.  NRS 501.1814 is hereby amended to read as follows:

4-5    501.1814  1.  The commission shall establish and the [division]

4-6  department shall administer and enforce a system of assessing demerit

4-7  points for wildlife convictions. The system must be uniform in its

4-8  operation.

4-9    2.  Pursuant to the schedule of demerit points established by regulation

4-10  of the commission for each wildlife conviction occurring within this state

4-11  affecting any holder of a license, permit or privilege issued pursuant to this

4-12  Title, the [division] department shall assess demerit points for the 60-

4-13  month period preceding a person’s most recent wildlife conviction. Sixty

4-14  months after the date of the conviction, the demerit points for that

4-15  conviction must be deleted from the total demerit points accumulated by

4-16  that person. The date of the violation shall be deemed the date on which

4-17  accumulated demerit points must be assessed. If a conviction of two or

4-18  more wildlife violations committed at a single event is obtained, demerit

4-19  points must be assessed for the offense having the greater number of

4-20  demerit points.

4-21    Sec. 9.  NRS 501.1816 is hereby amended to read as follows:

4-22    501.1816  1.  If a person accumulates 6 or more demerit points, but

4-23  less than 12, the [division] department shall notify him of that fact by

4-24  certified mail. If, after the [division] department mails the notice, the

4-25  person presents proof to the [division] department that he has, after his

4-26  most recent wildlife conviction, successfully completed a course of

4-27  instruction in the responsibilities of hunters approved by the [division, the

4-28  division] department, the department shall deduct 4 demerit points from

4-29  his record. A person may attend a course of instruction in the

4-30  responsibilities of hunters only once in 60 months for the purpose of

4-31  reducing his demerit points.

4-32    2.  If a person accumulates 12 or more demerit points before

4-33  completing a course of instruction pursuant to subsection 1, the [division]

4-34  department shall suspend or revoke any license, permit or privilege issued

4-35  to him pursuant to this Title.

4-36    3.  Not later than 60 days after the [division] department determines

4-37  that a person has accumulated 12 demerit points, the [division] department

4-38  shall notify the person by certified mail that his privileges will be

4-39  suspended or revoked. Except as otherwise provided in subsection 4, the

4-40  [division] department shall suspend or revoke those privileges 30 days

4-41  after it mails the notice.

4-42    4.  Any person who receives the notice required by subsection 3 may

4-43  submit to the [division] department a written request for a hearing before

4-44  the commission not later than 30 days after the receipt of the notice. If a

4-45  written request for a hearing is received by the [division:] department:

4-46    (a) The suspension or revocation of the license, permit or privilege is

4-47  stayed until a determination is made by the commission after the hearing.

4-48    (b) The hearing must be held within 60 days after the request is

4-49  received.

5-1    5.  The periods of suspension or revocation imposed pursuant to this

5-2  section must run concurrently. No license, permit or privilege may be

5-3  suspended or revoked pursuant to this section for more than 3 years.

5-4    6.  If the [division] department suspends or revokes a license, permit or

5-5  privilege pursuant to this section, the period of suspension or revocation

5-6  begins 30 days after notification pursuant to subsection 3 or a

5-7  determination is made by the commission pursuant to subsection 4. After a

5-8  person’s license, permit or privilege is suspended or revoked pursuant to

5-9  this section, all demerit points accumulated by that person must be

5-10  canceled.

5-11    Sec. 10.  NRS 501.1817 is hereby amended to read as follows:

5-12    501.1817  Any person whose license, permit or privilege has been

5-13  suspended or revoked by the [division] department pursuant to NRS

5-14  501.1816 is entitled to judicial review of the decision in the manner

5-15  provided by chapter 233B of NRS.

5-16    Sec. 11.  NRS 501.243 is hereby amended to read as follows:

5-17    501.243  1.  The [division] department shall execute, administer and

5-18  enforce and perform the functions and duties provided in chapter 488 of

5-19  NRS.

5-20    2.  The commission has the power and authority to:

5-21    (a) Promulgate rules and regulations governing the use of waters for

5-22  recreational purposes, which waters are open to the public and are not

5-23  under the direct control of any other state or federal agency for recreational

5-24  use.

5-25    (b) Enter into cooperative agreements with federal, state and county

5-26  agencies having regulatory powers pertaining to the use of public waters

5-27  for recreational purposes for the purpose of coordinating such rules and

5-28  regulations.

5-29    Sec. 12.  NRS 501.310 is hereby amended to read as follows:

5-30    501.310  There is hereby created in each of the counties of this state a

5-31  fund for the advisory board. The fund must be kept in the county treasury,

5-32  and all money received from the [division] department must be placed in

5-33  the fund.

5-34    Sec. 13.  NRS 501.320 is hereby amended to read as follows:

5-35    501.320  1.  Annually, not later than May 1, each board shall prepare

5-36  a budget for the period ending June 30 of the following year, setting forth

5-37  in detail its proposed expenditures for carrying out its duties as specified in

5-38  this Title within its county, and submit the budget to the commission

5-39  accompanied by a statement of the previous year’s expenditures, certified

5-40  by the county auditor.

5-41    2.  The commission shall examine the budget in conjunction with the

5-42  [administrator] director or a person designated by him, and may increase,

5-43  decrease, alter or amend the budget.

5-44    3.  Upon approval of the budget, the [division] department shall

5-45  transmit a copy of the approved budget to the board, and at the same time

5-46  withdraw from the wildlife account within the state general fund and

5-47  transmit to the board the money required under the approved budget for

5-48  disposition by the board in accordance with the approved budget. All

5-49  money so received must be placed in the fund for the advisory board.

6-1    Sec. 14.  NRS 501.331 is hereby amended to read as follows:

6-2    501.331  There is hereby created the [division of wildlife of the state]

6-3  department of [conservation and natural resources,] wildlife which shall

6-4  administer the wildlife laws of this state and chapter 488 of NRS. The

6-5  department is under the control of the commission.

6-6    Sec. 15.  NRS 501.333 is hereby amended to read as follows:

6-7    501.333  1.  From among three or more nominees of the commission,

6-8  the [director of the state department of conservation and natural resources]

6-9  governor shall appoint [an administrator] a director of the [division,]

6-10  department, who is its chief administrative officer. The [administrator]

6-11  director serves at the pleasure of the [director.] governor.

6-12    2.  The [director] governor shall select as [administrator] director a

6-13  person having an academic degree in the management of wildlife or a

6-14  closely related field, substantial experience in the management of wildlife

6-15  and a demonstrated ability to administer [a division of] a major public

6-16  agency.

6-17    3.  The [administrator] director is in the unclassified service of the

6-18  state.

6-19    Sec. 16.  NRS 501.337 is hereby amended to read as follows:

6-20    501.337  The [administrator] director shall:

6-21    1.  Carry out the policies and regulations of the commission.

6-22    2.  Direct and supervise all administrative and operational activities of

6-23  the [division,] department, and all programs administered by the [division]

6-24  department as provided by law. Except as otherwise provided in NRS

6-25  284.143, the [administrator] director shall devote his entire time to the

6-26  duties of his office and shall not follow any other gainful employment or

6-27  occupation.

6-28    3.  Within such limitations as may be provided by law, organize the

6-29  [division] department and, from time to time with the consent of the

6-30  commission, may alter the organization. The [administrator] director shall

6-31  reassign responsibilities and duties as he may deem appropriate.

6-32    4.  Appoint or remove such technical, clerical and operational staff as

6-33  the execution of his duties and the operation of the [division] department

6-34  may require, and all those employees are responsible to him for the proper

6-35  carrying out of the duties and responsibilities of their respective positions.

6-36  The [administrator] director shall designate a number of employees as

6-37  game wardens and provide for their training.

6-38    5.  Submit technical and other reports to the commission as may be

6-39  necessary or as may be requested, which will enable the commission to

6-40  establish policy and regulations.

6-41    6.  Prepare the biennial budget of the [division] department consistent

6-42  with the provisions of this Title and chapter 488 of NRS and submit it to

6-43  the commission for its review and [comment.] approval before being

6-44  submitted to the chief of the budget division of the department of

6-45  administration pursuant to NRS 353.210.

6-46    7.  Administer real property assigned to the [division.] department.

6-47    8.  Maintain full control, by proper methods and inventories, of all

6-48  personal property of the state acquired and held for the purposes

6-49  contemplated by this Title and by chapter 488 of NRS.

7-1    9.  Act as nonvoting secretary to the commission.

7-2    Sec. 17.  NRS 501.339 is hereby amended to read as follows:

7-3    501.339  The [administrator] director may:

7-4    1.  In cases of emergency, with the prior approval of the governor,

7-5  exercise the powers of the commission until such time as the commission

7-6  meets or the emergency ends.

7-7    2.  Designate an employee or employees of the [division] department

7-8  to act as his deputy or deputies. In the [administrator’s] director’s absence

7-9  or inability to discharge the powers and duties of his office, the powers and

7-10  duties devolve upon his deputy or deputies.

7-11    3.  Designate persons outside the [division] department as game

7-12  wardens if, in his opinion, the need for such designations exists.

7-13    Sec. 18.  NRS 501.341 is hereby amended to read as follows:

7-14    501.341  The headquarters of the [division] department must be

7-15  maintained at such a location in the state, and other offices may be

7-16  established throughout the state in such number and location, as will, in the

7-17  opinion of the [administrator] director and the commission, provide an

7-18  efficient [divisional] departmental operation.

7-19    Sec. 19.  NRS 501.343 is hereby amended to read as follows:

7-20    501.343  The [division] department may:

7-21    1.  Collect and disseminate, throughout the state, information

7-22  calculated to educate and benefit the people of the state regarding wildlife

7-23  and boating, and information pertaining to any program administered by

7-24  the [division.] department.

7-25    2.  Publish wildlife journals and other official publications, for which a

7-26  specific charge may be made, such charge to be determined by the

7-27  commission, with the proceeds to be deposited in the wildlife account

7-28  within the state general fund. No charge may be made for any publication

7-29  required by a regulation of the commission.

7-30    Sec. 20.  NRS 501.349 is hereby amended to read as follows:

7-31    501.349  Regular employees and others designated by the

7-32  [administrator] director as game wardens shall enforce all provisions of

7-33  this Title and of chapter 488 of NRS.

7-34    Sec. 21.  NRS 501.351 is hereby amended to read as follows:

7-35    501.351  1.  The [administrator] director may enter into cooperative

7-36  or reciprocal agreements with the Federal Government or any agency

7-37  thereof, any other state or any agency thereof, any other agency of this

7-38  state, any county or other political subdivision of this state, to the extent

7-39  permitted by the provisions of chapter 277 of NRS, any public or private

7-40  corporation, or any person, in accordance with and for the purpose of

7-41  carrying out the policy of the commission.

7-42    2.  Such agreements do not relieve any party thereto of any liability,

7-43  independent of such agreements, existing under any provision of law.

7-44    Sec. 22.  NRS 501.352 is hereby amended to read as follows:

7-45    501.352  The [administrator] director shall require the personnel of the

7-46  [division] department to report to him as soon as practicable any

7-47  reasonable suspicion that a communicable disease may be present in

7-48  wildlife in Nevada. The [administrator] director shall, as soon as possible,

7-49  inform the director of the state department of agriculture of any reasonable

8-1  suspicion reported to him. Any sample collected by the personnel of the

8-2  [division] department in evaluating such a suspicion must be forwarded to

8-3  the director of the state department of agriculture as soon as practicable.

8-4    Sec. 23.  NRS 501.354 is hereby amended to read as follows:

8-5    501.354  The [division] department shall receive, deposit and expend

8-6  all money provided by law for the administration of this title and of chapter

8-7  488 of NRS, pursuant to the authority contained in NRS 501.356 and in

8-8  accordance with the commission’s policy.

8-9    Sec. 24.  NRS 501.356 is hereby amended to read as follows:

8-10    501.356  1.  Money received by the [division] department from:

8-11    (a) The sale of licenses;

8-12    (b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;

8-13    (c) Remittances from the state treasurer pursuant to the provisions of

8-14  NRS 365.535;

8-15    (d) Appropriations made by the legislature; and

8-16    (e) All other sources, except money derived from the forfeiture of any

8-17  property described in NRS 501.3857 or money deposited in the wildlife

8-18  heritage trust account pursuant to NRS 501.3575,

8-19  must be deposited with the state treasurer for credit to the wildlife account

8-20  in the state general fund.

8-21    2.  The interest and income earned on the money in the wildlife

8-22  account, after deducting any applicable charges, must be credited to the

8-23  account.

8-24    3.  Except as otherwise provided in subsection 4, the [division]

8-25  department may use money in the wildlife account only to carry out the

8-26  provisions of this Title and chapter 488 of NRS and as provided in NRS

8-27  365.535, and the money must not be diverted to any other use.

8-28    4.  Except as otherwise provided in NRS 502.250, 502.310 and

8-29  504.155, all fees for the sale or issuance of stamps, tags, permits and

8-30  licenses that are required to be deposited in the wildlife account pursuant to

8-31  the provisions of this Title must be accounted for separately and may be

8-32  used only for the management of wildlife.

8-33    Sec. 25.  NRS 501.3575 is hereby amended to read as follows:

8-34    501.3575  1.  The wildlife heritage trust account is hereby created in

8-35  the state general fund. The money in the account must be used by the

8-36  [division] department as provided in this section for the protection,

8-37  propagation, restoration, transplantation, introduction and management of

8-38  any game fish, game mammal, game bird or fur-bearing mammal in this

8-39  state.

8-40    2.  Except as otherwise provided in NRS 502.250, money received by

8-41  the [division] department from:

8-42    (a) A bid, auction or partnership in wildlife drawing conducted pursuant

8-43  to NRS 502.250; and

8-44    (b) A gift of money made by any person to the wildlife heritage trust

8-45  account,

8-46  must be deposited with the state treasurer for credit to the account.

8-47    3.  The interest and income earned on the money in the wildlife

8-48  heritage trust account, after deducting any applicable charges, must be

8-49  credited to the account.

9-1    4.  The [division] department may annually expend from the wildlife

9-2  heritage trust account an amount of money not greater than the interest

9-3  earned on the money in the account during the previous year. The

9-4  commission shall review and approve expenditures from the account. No

9-5  money may be expended from the account without the prior approval of the

9-6  commission.

9-7    5.  The commission shall administer the provisions of this section and

9-8  may adopt any regulations necessary for that purpose.

9-9    Sec. 26.  NRS 501.359 is hereby amended to read as follows:

9-10    501.359  1.  The wildlife imprest account in the amount of $15,000 is

9-11  hereby created for the use of the [division,] department, subject to the

9-12  following conditions:

9-13    (a) The money must be deposited in a bank or credit union qualified to

9-14  receive deposits of public money, except that $500 must be kept in the

9-15  custody of an employee designated by the [administrator] director for

9-16  immediate use for purposes set forth in this section.

9-17    (b) The account must be replenished periodically from the wildlife

9-18  account in the state general fund upon approval of expenditures as required

9-19  by law and submission of vouchers or other documents to indicate payment

9-20  as may be prescribed.

9-21    2.  The wildlife imprest account may be used to pay for postage,

9-22  C.O.D. packages, travel or other minor expenses which are proper as

9-23  claims for payment from the wildlife account in the state general fund.

9-24    3.  The wildlife imprest account may be used to provide money to

9-25  employees of the [division] department for travel expenses and subsistence

9-26  allowances arising out of their official duties or employment. All advances

9-27  constitute a lien in favor of the [division] department upon the accrued

9-28  wages of the requesting employee in an amount equal to the money

9-29  advanced, but the [administrator] director may advance more than the

9-30  amount of the accrued wages of the employee. Upon the return of the

9-31  employee, he is entitled to receive money for any authorized expenses and

9-32  subsistence in excess of the amount advanced.

9-33    Sec. 27.  NRS 501.361 is hereby amended to read as follows:

9-34    501.361  A petty cash account in the amount of $300 for the payment

9-35  of minor expenses of the [division] department is hereby created. The

9-36  account must be kept in the custody of an employee designated by the

9-37  [administrator] director and must be replenished periodically from the

9-38  wildlife account in the state general fund upon approval of expenditures as

9-39  required by law and submission of vouchers or other documents to indicate

9-40  payment as may be prescribed.

9-41    Sec. 28.  NRS 501.363 is hereby amended to read as follows:

9-42    501.363  A change account in the amount of $500 is hereby created.

9-43  The account must be kept in the custody of one or more employees

9-44  designated by the [administrator] director and used for the making of

9-45  change incidental to the business of the [division.] department.

9-46    Sec. 29.  NRS 501.383 is hereby amended to read as follows:

9-47    501.383  It is unlawful for any person maliciously to tear down,

9-48  mutilate or destroy any sign, signboard or other notice which has been

10-1  erected by the [division] department or through an agency of the

10-2  [division.] department.

10-3    Sec. 30.  NRS 501.385 is hereby amended to read as follows:

10-4    501.385  Except as otherwise provided by specific statute:

10-5    1.  Any person who:

10-6    (a) Performs an act or attempts to perform an act made unlawful or

10-7  prohibited by a provision of this Title;

10-8    (b) Willfully fails to perform an act required of him by a provision of

10-9  this Title;

10-10  (c) Obstructs, hinders, delays or otherwise interferes with any officer,

10-11  employee or agent of the [division] department in the performance of any

10-12  duty while enforcing or attempting to enforce any provision of this Title;

10-13  (d) Violates any order issued or regulation adopted by the commission

10-14  under the provisions of this Title; or

10-15  (e) Having been granted a privilege or been licensed or permitted to do

10-16  any act under the provisions of this Title, exercises the grant, license or

10-17  permit in a manner other than as specified,

10-18  is guilty of a misdemeanor.

10-19  2.  Every person who is guilty of a misdemeanor under this Title shall

10-20  be punished by a fine of not less than $50 nor more than $500, or by

10-21  imprisonment in the county jail for not more than 6 months, or by both fine

10-22  and imprisonment.

10-23  Sec. 31.  NRS 501.3855 is hereby amended to read as follows:

10-24  501.3855  1.  In addition to the penalties provided for the violation of

10-25  any of the provisions of this Title, every person who unlawfully kills or

10-26  possesses a big game mammal, bobcat, swan or eagle is liable for a civil

10-27  penalty of not less than $250 nor more than $5,000.

10-28  2.  For the unlawful killing or possession of fish or wildlife not

10-29  included in subsection 1, the court may order the defendant to pay a civil

10-30  penalty of not less than $25 nor more than $1,000.

10-31  3.  For hunting, fishing or trapping without a valid license, tag or

10-32  permit, the court may order the defendant to pay a civil penalty of not less

10-33  than $50 nor more than $250.

10-34  4.  Every court, before whom a defendant is convicted of unlawfully

10-35  killing or possessing any wildlife, shall order the defendant to pay the civil

10-36  penalty in the amount stated in this section for each mammal, bird or fish

10-37  unlawfully killed or possessed. The court shall fix the manner and time of

10-38  payment.

10-39  5.  The [division] department may attempt to collect all penalties and

10-40  installments that are in default in any manner provided by law for the

10-41  enforcement of a judgment.

10-42  6.  Each court that receives money pursuant to the provisions of this

10-43  section shall forthwith remit the money to the [division] department which

10-44  shall deposit the money with the state treasurer for credit to the wildlife

10-45  account in the state general fund.

10-46  Sec. 32.  NRS 501.389 is hereby amended to read as follows:

10-47  501.389  1.  Except for property described in NRS 501.3857,

10-48  equipment:

10-49  (a) Seized as evidence in accordance with NRS 501.375; and

11-1    (b) Not recovered by the owner within 1 year from the date of seizure,

11-2  becomes the property of the [division.] department.

11-3    2.  The [division] department shall either sell such equipment in

11-4  accordance with the regulations adopted pursuant to subsection 5 of NRS

11-5  333.220 or retain such equipment for authorized use by the [division.]

11-6  department. All money received from such sales must be deposited with

11-7  the state treasurer for credit to the wildlife account in the state general

11-8  fund.

11-9    3.  Any person of lawful age and lawfully entitled to reside in the

11-10  United States may purchase the equipment, whether a prior owner or not.

11-11  Sec. 33.  NRS 501.395 is hereby amended to read as follows:

11-12  501.395  1.  The [division] department may offer a reward for one or

11-13  more classes of wildlife, not to exceed $1,000, for information leading to

11-14  the arrest and conviction of any person who unlawfully kills or possesses

11-15  wildlife of the class specified. The reward must be paid for each person so

11-16  arrested and convicted upon his conviction. The reward must be distributed

11-17  equally among the persons who supplied the information which led to the

11-18  arrest and conviction.

11-19  2.  The commission may adopt such regulations as are necessary to

11-20  carry out the provisions of this section.

11-21  Sec. 34.  NRS 502.012 is hereby amended to read as follows:

11-22  502.012  Upon receipt of a copy of an order of the juvenile division of

11-23  a district court, entered pursuant to NRS 62.229, to revoke the license to

11-24  hunt of a child, the [division] department shall revoke the license. The

11-25  revocation of the license to hunt shall be deemed effective as of the date of

11-26  the order. The [division] department shall retain the copy of the order.

11-27  Sec. 35.  NRS 502.015 is hereby amended to read as follows:

11-28  502.015  1.  For the purpose of issuing and using resident licenses,

11-29  tags or permits pursuant to this chapter, a person is considered to be a

11-30  resident of the State of Nevada if:

11-31  (a) He is a citizen of, or is lawfully entitled to remain in, the United

11-32  States; and

11-33  (b) During the 6 months next preceding his application to the [division]

11-34  department for a license, tag or permit, he:

11-35     (1) Was domiciled in this state;

11-36     (2) Was physically present in this state, except for temporary

11-37  absences; and

11-38     (3) Did not purchase or apply for any resident license, tag or permit

11-39  to hunt, fish or trap in another state, country or province.

11-40  2.  A person who is not domiciled in Nevada but who is attending an

11-41  institution of higher learning in this state as a full-time student is eligible

11-42  for a resident license, tag or permit if, during the 6 months next preceding

11-43  his application to the [division] department for a license, tag or permit, he:

11-44  (a) Was physically present in Nevada, except for temporary trips

11-45  outside of the state; and

11-46  (b) Did not purchase or apply for any resident license, tag or permit to

11-47  hunt, fish or trap in another state, country or province.

11-48  3.  A resident license, tag or permit issued by this state is void if the

11-49  person to whom it was issued establishes his domicile in and obtains any

12-1  privilege or entitlement conditional on residency from another state,

12-2  country or province.

12-3    Sec. 36.  NRS 502.020 is hereby amended to read as follows:

12-4    502.020  The [division] department shall prepare the licenses for

12-5  hunting, fishing and trapping, and shall deliver such licenses to agents for

12-6  sale to the public.

12-7    Sec. 37.  NRS 502.030 is hereby amended to read as follows:

12-8    502.030  1.  Licenses granting the privilege to hunt, fish or trap as

12-9  provided in this Title must be of such form as is deemed necessary by the

12-10  [division,] department, but must include the following information:

12-11  (a) The holder’s name, address and description.

12-12  (b) The date issued.

12-13  (c) The expiration date thereof.

12-14  (d) The correct designation as to whether a fishing, hunting or trapping

12-15  license.

12-16  (e) A statement to be signed by the holder: “I, the signator holder in

12-17  signing this license, hereby state that I am entitled to this license under the

12-18  laws of the State of Nevada and that no false statement has been made by

12-19  me to obtain this license.”

12-20  2.  The commission may provide rules and regulations requiring an

12-21  applicant to exhibit proof of his identity and residence. Such information

12-22  must be included on the license as is deemed necessary by the [division.]

12-23  department.

12-24  3.  The commission may provide rules and regulations establishing a

12-25  permanent licensing system. Such system may authorize the use of

12-26  applications for the issuance of temporary hunting, fishing and trapping

12-27  licenses for residents and the issuance of annual licenses therefrom. The

12-28  system may provide for the automatic renewal and validation of the annual

12-29  license.

12-30  4.  The commission may provide regulations covering the method of

12-31  applying for, the term and expiration date of any license required by this

12-32  Title to be issued without the payment of a fee.

12-33  Sec. 38.  NRS 502.035 is hereby amended to read as follows:

12-34  502.035  Licenses, stamps and permits granting the privilege to hunt,

12-35  fish or trap during the open season as provided in this Title must be issued

12-36  by the [division,] department, upon payment of the fees required under this

12-37  Title.

12-38  Sec. 39.  NRS 502.040 is hereby amended to read as follows:

12-39  502.040  1.  The commission shall adopt regulations regarding:

12-40  (a) The standards to be met by license agents in the performance of their

12-41  duties;

12-42  (b) The requirements for the furnishing of surety bonds by license

12-43  agents;

12-44  (c) The manner of remitting money to the [division;] department; and

12-45  (d) The manner of accounting for licenses, tags, stamps and permits

12-46  received, issued, sold or returned.

12-47  A license agent’s authority may be revoked by the [division] department

12-48  for his failure to abide by the regulations of the commission. The agent

12-49  may appeal to the commission for reinstatement.

13-1    2.  A license agent designated by the [division] department is

13-2  responsible for the correct issuance of all licenses, tags, stamps and permits

13-3  entrusted to him, and, so far as he is able, for ensuring that no licenses are

13-4  issued upon the false statement of an applicant. Before issuing any license,

13-5  the license agent shall satisfy himself of the identity of the applicant and

13-6  the place of his residence, and may require any applicant to present proof

13-7  of his identity and residence.

13-8    3.  A license agent is responsible to the [division] department for the

13-9  collection of the correct and required fee, for the safeguarding of the

13-10  money collected by him, and for the prompt remission to the [division]

13-11  department for deposit in accordance with NRS 501.356 of all money

13-12  collected. The [division] department shall furnish to the license agent

13-13  receipts for all money which he remits to it. A license agent shall furnish a

13-14  receipt to the [division] department of all licenses, tags, stamps or permits

13-15  which he receives from it.

13-16  4.  For each license, tag, stamp or permit he sells, a license agent is

13-17  entitled to receive a service fee of:

13-18  (a) One dollar for each license, tag or permit, in addition to the fee for

13-19  the license, tag or permit; and

13-20  (b) Ten cents for each stamp or similar document issued which does not

13-21  require completion by the agent.

13-22  5.  Any person authorized to enforce this chapter may inspect, during

13-23  the license agent’s normal business hours, any record or document of the

13-24  agent relating to the issuance of any such license, tag or permit.

13-25  6.  All money collected by a license agent, except service fees collected

13-26  pursuant to subsection 4, is public money of the State of Nevada, and the

13-27  state has a prior claim for the amount of money due it upon all assets of the

13-28  agent over all creditors, assignees or other claimants. The use of this

13-29  money for private or business transactions is a misuse of public funds and

13-30  punishable under the laws provided.

13-31  Sec. 40.  NRS 502.063 is hereby amended to read as follows:

13-32  502.063  The [division] department shall, upon request of the welfare

13-33  division of the department of human resources, submit to the welfare

13-34  division the name, address and social security number of each person who

13-35  holds a license or permit to hunt, fish or trap that does not expire less than

13-36  6 months after it is issued, or a license to practice commercial taxidermy,

13-37  and any pertinent changes in that information.

13-38  Sec. 41.  NRS 502.070 is hereby amended to read as follows:

13-39  502.070  1.  The [division] department shall issue to any member of

13-40  the Armed Forces of the United States who has been assigned to permanent

13-41  duty, as opposed to temporary or casual duty, within the State of Nevada

13-42  all necessary hunting or fishing licenses, tags or permits for fishing,

13-43  hunting or trapping in the State of Nevada. A like privilege must be

13-44  extended to spouses and dependents, under the age of 21, of such members

13-45  of the Armed Forces. All such licenses, tags or permits must be issued on

13-46  the same terms and conditions and at the same costs as licenses, tags or

13-47  permits are issued to Nevada residents, except that the 6 months’ residence

13-48  requirement must be waived.

14-1    2.  The issuance of all such licenses, tags and permits must be made by

14-2  application upon a form provided for that purpose by the [division.]

14-3  department. The application must include such proof of assignment to

14-4  permanent duty within the State of Nevada as may be deemed necessary by

14-5  the [division] department to determine whether or not an applicant is

14-6  actually so assigned.

14-7    Sec. 42.  NRS 502.072 is hereby amended to read as follows:

14-8    502.072  The [division] department shall issue without charge any

14-9  license authorized under the provisions of this chapter, upon satisfactory

14-10  proof of the requisite facts to any bona fide resident of the State of Nevada

14-11  who has incurred a service-connected disability which is considered to be

14-12  50 percent or more by the Department of Veterans Affairs and has received

14-13  upon severance from service an honorable discharge or certificate of

14-14  satisfactory service from the Armed Forces of the United States.

14-15  Sec. 43.  NRS 502.075 is hereby amended to read as follows:

14-16  502.075  The [division] department shall issue to a blind person, as

14-17  defined in subsection 4 of NRS 361.085, a hunting license which:

14-18  1.  Authorizes a person selected by the blind person to hunt on his

14-19  behalf if:

14-20  (a) The person selected is a resident of the State of Nevada and

14-21  possesses a valid Nevada hunting license; and

14-22  (b) The blind person is in the company of or in the immediate area of

14-23  the person selected.

14-24  2.  Is issued pursuant and subject to regulations prescribed by the

14-25  commission.

14-26  3.  Contains the word “Blind” printed on the face of the license.

14-27  Sec. 44.  NRS 502.077 is hereby amended to read as follows:

14-28  502.077  1.  The [division] department shall issue special fishing

14-29  permits to the administrative head of:

14-30  (a) The Nevada mental health institute;

14-31  (b) Southern Nevada adult mental health services;

14-32  (c) The Northern Nevada children’s home;

14-33  (d) The Southern Nevada children’s home;

14-34  (e) The Nevada youth training center;

14-35  (f) The Caliente youth center;

14-36  (g) The Spring Mountain Youth Camp;

14-37  (h) The China Spring Youth Camp;

14-38  (i) Any facility which provides temporary foster care for children who

14-39  are not delinquent; and

14-40  (j) Such other public or charitable institutions or organizations as are

14-41  designated by regulations adopted by the commission,

14-42  for use only by the members, patients or children of such institutions or

14-43  organizations.

14-44  2.  The permits:

14-45  (a) Must be in the possession of the officer or employee who is

14-46  supervising a member, patient or child while he is fishing.

14-47  (b) Authorize a member, patient or child to fish in a legal manner if in

14-48  the company of an officer or employee of one of the institutions listed in

15-1  this section, or of an organization provided for by regulation, if the officer

15-2  or employee has a valid Nevada fishing license.

15-3    (c) Must be issued pursuant and subject to regulations prescribed by the

15-4  commission.

15-5    (d) Must contain the words “Nevada Special Fishing Permit” and the

15-6  number of the permit printed on the face of the permit.

15-7    (e) May authorize no more than 15 members, patients or children,

15-8  respectively, to fish.

15-9    3.  Each institution or organization shall pay to the [division]

15-10  department an annual fee of $15 for each permit issued to the institution or

15-11  organization pursuant to this section. The [division] department shall not

15-12  issue more than two permits per year to each institution or organization.

15-13  4.  It is unlawful for any person other than a member, patient or child in

15-14  one of these organizations or institutions to fish with a permit issued by the

15-15  [division] department pursuant to this section.

15-16  Sec. 45.  NRS 502.110 is hereby amended to read as follows:

15-17  502.110  1.  Except as otherwise provided in subsection 2, not more

15-18  than one license of each class may be issued to any one person during each

15-19  licensing period.

15-20  2.  If an unexpired license is lost or stolen, the person to whom the

15-21  license was issued may receive another license of the same class by making

15-22  application and certifying under oath that the license was lost or stolen and

15-23  by paying:

15-24  (a) If the application is made to an authorized agent, the annual fee for

15-25  the license; or

15-26  (b) If the application is made to the [division,] department, a fee of $5.

15-27  Sec. 46.  NRS 502.115 is hereby amended to read as follows:

15-28  502.115  1.  If the [division] department receives a copy of a court

15-29  order issued pursuant to NRS 425.540 that provides for the suspension of

15-30  all professional, occupational and recreational licenses, certificates and

15-31  permits issued to a person who is the holder of a license or permit to hunt,

15-32  fish or trap that does not expire less than 6 months after it is issued, or a

15-33  license to practice commercial taxidermy, the [division] department shall

15-34  deem the license or permit issued to that person to be suspended at the end

15-35  of the 30th day after the date on which the court order was issued unless

15-36  the [division] department receives a letter issued to the holder of the

15-37  license or permit by the district attorney or other public agency pursuant to

15-38  NRS 425.550 stating that the holder of the license or permit has complied

15-39  with the subpoena or warrant or has satisfied the arrearage pursuant to NRS

15-40  425.560.

15-41  2.  The [division] department shall reinstate a license or permit to hunt,

15-42  fish or trap or a license to practice commercial taxidermy that has been

15-43  suspended by a district court pursuant to NRS 425.540 if the [division]

15-44  department receives a letter issued by the district attorney or other public

15-45  agency pursuant to NRS 425.550 to the person whose license or permit was

15-46  suspended stating that the person whose permit or license was suspended

15-47  has complied with the subpoena or warrant or has satisfied the arrearage

15-48  pursuant to NRS 425.560.

 

16-1    Sec. 47.  NRS 502.142 is hereby amended to read as follows:

16-2    502.142  1.  The commission shall adopt regulations to establish a

16-3  program pursuant to which the [division] department will issue special

16-4  incentive elk tags. The regulations must:

16-5    (a) Set forth the application and annual review processes for the

16-6  issuance of special incentive elk tags.

16-7    (b) Require that an application for a special incentive elk tag must be

16-8  accompanied by:

16-9      (1) The fee charged for an elk tag pursuant to NRS 502.250; and

16-10     (2) Any administrative fee charged in connection with the issuance of

16-11  an elk tag pursuant to this chapter.

16-12  (c) Provide for the issuance of a special incentive elk tag only to a

16-13  person who:

16-14     (1) Lawfully owns, leases or manages private land within an actual

16-15  elk use area; and

16-16     (2) If that private land blocks reasonable access to adjacent public

16-17  land, provides reasonable access through the private land to allow a person

16-18  or hunting party possessing a valid elk tag to hunt elk on the adjacent

16-19  public land.

16-20  (d) Establish criteria for the issuance of special incentive elk tags based

16-21  upon:

16-22     (1) The number of elk using private land controlled by the applicant;

16-23     (2) The number of days the elk use private lands of the applicant in a

16-24  calendar year;

16-25     (3) The total number of elk; and

16-26     (4) Limiting the number of special incentive elk tags issued in each

16-27  calendar year to not more than one-half of the bull elk tags issued in that

16-28  calendar year,

16-29  within the actual elk use area in the unit or units of the management area or

16-30  areas in which the private land is located.

16-31  (e) Provide that special incentive elk tags are valid for both sexes of elk.

16-32  (f) Prohibit a person who has, within a particular calendar year, applied

16-33  for or received compensation pursuant to NRS 504.165 as reimbursement

16-34  for damage caused by elk to private land from applying, within the same

16-35  calendar year, for a special incentive elk tag for the same private land.

16-36  (g) Allow a group of owners, lessees and managers of private land to

16-37  qualify for a special incentive elk tag for their combined lands.

16-38  (h) Ensure that the issuance of special incentive elk tags will not result

16-39  in the number of bull elk tags issued in any year being reduced to a number

16-40  below the quota for bull elk tags established by the commission for 1997.

16-41  (i) Provide that a person to whom a special incentive elk tag is issued by

16-42  the commission pursuant to this section may:

16-43     (1) If he holds a valid hunting license issued by this state, use the

16-44  special incentive elk tag himself; or

16-45     (2) Sell the special incentive elk tag to another person who holds a

16-46  valid hunting license issued by this state at any price upon which the

16-47  parties mutually agree.

16-48  (j) Require that a person who is issued a special incentive elk tag must

16-49  hunt:

17-1      (1) During the open season for elk.

17-2      (2) In the unit or units within the management area or areas in which

17-3  the private land is located.

17-4    (k) Provide for the appointment of an arbitration panel to resolve

17-5  disputes between persons who apply for special incentive elk tags and the

17-6  [division] department regarding the issuance of such tags.

17-7    2.  As used in this section, “actual elk use area” means an area in which

17-8  elk live, as identified and designated by the [division.] department.

17-9    Sec. 48.  NRS 502.143 is hereby amended to read as follows:

17-10  502.143  1.  The commission may adopt regulations establishing a

17-11  program pursuant to which the [division] department may issue special

17-12  incentive deer tags to owners, lessees and managers of private land in this

17-13  state for use on the private land of such owners, lessees or managers.

17-14  2.  The regulations must:

17-15  (a) Require that the owner, lessee or manager who is lawfully in control

17-16  of private land must, before he is issued a special incentive deer tag:

17-17     (1) Allow the hunting and viewing of wildlife on his land by the

17-18  general public; or

17-19     (2) Enter into a cooperative agreement with the [division] department

17-20  to improve deer or other wildlife habitat on his land.

17-21  (b) Allow the owner, lessee or manager to sell any special incentive

17-22  deer tag that he is issued pursuant to the program.

17-23  Sec. 49.  NRS 502.145 is hereby amended to read as follows:

17-24  502.145  1.  An owner, lessee or manager of private land in this state

17-25  may apply to the [division] department for the issuance to him of one or

17-26  more deer or antelope tags as provided in this section. The tags must be

17-27  issued as compensation for damage caused by deer or antelope to the

17-28  private land or to any improvements thereon.

17-29  2.  An application made pursuant to this section must:

17-30  (a) Be made in the form prescribed by the [division;] department;

17-31  (b) Establish to the satisfaction of the [division] department that the

17-32  applicant has sustained damage of the kind described in subsection 1; and

17-33  (c) Be accompanied by the fee charged for the tags pursuant to NRS

17-34  502.250 and any fee charged for administrative costs.

17-35  3.  The [division] department shall review the application, may

17-36  conduct any investigation it deems appropriate and, if it approves the

17-37  application, shall issue to the applicant not more than one tag for each 50

17-38  animals present on the private land owned, leased or managed by the

17-39  applicant. Both deer and antelope tags may be issued to an applicant. Not

17-40  more than 200 tags may be issued annually by the [division] department

17-41  pursuant to this section.

17-42  4.  A tag issued as compensation for damage pursuant to this section:

17-43  (a) May be used by the owner, lessee or manager of the private land if

17-44  he holds a valid Nevada hunting license, or may be sold by that person to

17-45  any holder of a valid Nevada hunting license at any price mutually agreed

17-46  upon;

17-47  (b) Except as otherwise provided in subparagraph (2) of paragraph (c)

17-48  of this subsection, must be used on the private land or in the unit or units

18-1  within the management area or areas in which the private land is located;

18-2  and

18-3    (c) May only be used during:

18-4      (1) The open season for the species for which the tag is issued; or

18-5      (2) A special season prescribed by regulation of the commission for

18-6  the use of such tags only on the private land.

18-7    5.  As a condition of receiving a tag from the [division] department

18-8  pursuant to this section, an owner, lessee or manager who is lawfully in

18-9  control of private land that blocks access to adjacent public land must

18-10  provide access to the public land during the hunting season to a person or

18-11  hunting party with a tag for the purpose of hunting on the public land.

18-12  6.  Insofar as they are consistent with this section, the provisions of this

18-13  Title and of the regulations adopted by the commission apply to the

18-14  issuance and use of tags pursuant to this section. The commission may

18-15  adopt any regulations it deems necessary to carry out the provisions of this

18-16  section.

18-17  7.  The [administrator] director shall, not later than the fifth calendar

18-18  day of each regular session of the legislature, submit to the director of the

18-19  legislative counsel bureau for distribution to the legislature a report

18-20  summarizing the activities of the [division] department taken pursuant to

18-21  the provisions of this section during the preceding biennium, including any

18-22  problems associated with the issuance and use of tags authorized by this

18-23  section and any recommendations for correcting those problems.

18-24  Sec. 50.  NRS 502.147 is hereby amended to read as follows:

18-25  502.147  1.  The [division] department shall make available restricted

18-26  nonresident deer tags in an amount not to exceed the amount set forth in

18-27  this section. If the number of persons who apply for restricted nonresident

18-28  deer tags is greater than the number of tags to be issued, the [division]

18-29  department shall conduct a drawing to determine the persons to whom to

18-30  issue the tags.

18-31  2.  The number of restricted nonresident deer tags must:

18-32  (a) Be subtracted from the quota of rifle deer tags for nonresidents; and

18-33  (b) Not exceed 16 percent of the deer tags issued to nonresidents during

18-34  the previous year or 400 tags, whichever is greater.

18-35  3.  The number of restricted nonresident deer tags issued for any

18-36  management area or unit must not exceed 37.5 percent, rounded to the

18-37  nearest whole number, of the rifle deer tags issued to nonresidents during

18-38  the previous year for that management area or unit.

18-39  4.  The [division] department shall mail the tags to the successful

18-40  applicants.

18-41  Sec. 51.  NRS 502.148 is hereby amended to read as follows:

18-42  502.148  1.  Except as otherwise provided in this subsection, any

18-43  person who wishes to apply for a restricted nonresident deer tag pursuant to

18-44  NRS 502.147 must complete an application on a form prescribed and

18-45  furnished by the [division.] department. A licensed master guide may

18-46  complete the application for an applicant. The application must be signed

18-47  by the applicant and the master guide who will be responsible for

18-48  conducting the restricted nonresident deer hunt.

19-1    2.  The application must be accompanied by a fee for the tag of $300,

19-2  plus any other fees which the [division] department may require. The

19-3  commission shall establish the time limits and acceptable methods for

19-4  submitting such applications to the [division.] department.

19-5    3.  Any application for a restricted nonresident deer tag which contains

19-6  an error or omission must be rejected and the fee for the tag returned to the

19-7  applicant.

19-8    4.  A person who is issued a restricted nonresident deer tag is not

19-9  eligible to apply for any other deer tag issued in this state for the same

19-10  hunting season as that restricted nonresident deer hunt.

19-11  5.  All fees collected pursuant to this section must be deposited with the

19-12  state treasurer for credit to the wildlife account in the state general fund.

19-13  Sec. 52.  NRS 502.160 is hereby amended to read as follows:

19-14  502.160  1.  The [division] department shall designate the form of the

19-15  tag, requiring such numbering or other manner of identification as is

19-16  necessary to designate the name or hunting license number of the person to

19-17  whom it is issued. Each tag must show the game for which it may be used,

19-18  the year[,] and, whenever necessary, the management area in which it may

19-19  be used.

19-20  2.  The commission may adopt any regulations necessary relative to the

19-21  manner of qualifying and applying for, using, completing, attaching, filling

19-22  out, punching, inspecting, validating or reporting such tags. It is unlawful

19-23  for any person to fail to abide by any such regulation.

19-24  Sec. 53.  NRS 502.175 is hereby amended to read as follows:

19-25  502.175  1.  The [division] department shall contract with a private

19-26  entity to conduct a drawing and to award and issue the tags for a special

19-27  season. The drawing must be conducted using a computer program that

19-28  awards tags based on a random order of selection. The contract must

19-29  provide for the acquisition by the [division] department of the ownership

19-30  of the computer program at the end of the term of the contract. The

19-31  [division] department shall solicit bids for the contract pursuant to the

19-32  provisions of chapter 333 of NRS.

19-33  2.  The [division] department shall:

19-34  (a) Provide to the private entity to whom a contract is awarded pursuant

19-35  to the provisions of subsection 1 any applications for tags, documents or

19-36  other information required by the private entity to conduct the drawing;

19-37  and

19-38  (b) Otherwise cooperate with the private entity in conducting the

19-39  drawing.

19-40  3.  As soon as practicable after the drawing is completed, the private

19-41  entity shall submit the results of the drawing to the [division.] department.

19-42  4.  If no private entity qualifies for the awarding of the contract

19-43  specified in subsection 1, the [division] department shall conduct a

19-44  drawing to award tags for a special season in the manner set forth in the

19-45  regulations adopted by the commission pursuant to the provisions of

19-46  subsection 5.

19-47  5.  The commission shall adopt regulations necessary to carry out the

19-48  provisions of this section, including regulations that prescribe the manner

20-1  in which the [division] department must conduct a drawing specified in

20-2  subsection 1 if no private entity qualifies for the awarding of the contract.

20-3    Sec. 54.  NRS 502.210 is hereby amended to read as follows:

20-4    502.210  A duplicate tag may not be issued except as follows:

20-5    1.  Upon receiving an affidavit of an applicant that a tag previously

20-6  issued has been lost or destroyed and upon payment of a fee of $5, the

20-7  [division] department shall issue a duplicate tag to the applicant.

20-8    2.  Upon receiving an affidavit of an applicant that he has not received

20-9  the tag for which he applied and paid the required fee, the [division]

20-10  department may, not earlier than 7 days after the date on which the tag was

20-11  mailed, issue a duplicate tag to the applicant upon payment of a fee
of $5.

20-12  The provisions of this section do not affect the issuance of a replacement

20-13  tag pursuant to NRS 502.215.

20-14  Sec. 55.  NRS 502.215 is hereby amended to read as follows:

20-15  502.215  1.  If any person who possesses a tag to hunt a big game

20-16  mammal kills an animal that is believed to be diseased and unfit for human

20-17  consumption, he shall place his tag on the carcass in the manner provided

20-18  by law or regulation and provide the whole carcass for inspection by an

20-19  authorized representative of the [division] department or, at his own

20-20  expense, by a veterinarian licensed to practice in Nevada. Except as

20-21  otherwise provided in this subsection, the holder of the tag who provides

20-22  the carcass for such an inspection is entitled, if the carcass is diseased and

20-23  unfit for human consumption, to receive at no charge another tag as a

20-24  replacement for the one he placed on the carcass pursuant to this

20-25  subsection. The holder shall choose whether the replacement tag is to be

20-26  issued for the current hunting season or for the next similar season in the

20-27  following year. If the holder chooses to retain the head, antlers, carcass,

20-28  horns or hide of the animal, and the authorized representative of the

20-29  [division] department approves the retention, the holder shall be deemed to

20-30  waive any claim he may have had for the issuance of a replacement tag.

20-31  2.  A replacement tag issued pursuant to subsection 1 for the current

20-32  hunting season is valid for:

20-33  (a) The entire remaining portion of the season for which the original tag

20-34  was issued; or

20-35  (b) If the original tag was issued for a period of a split season, the entire

20-36  remaining portion of the period for which the original tag was issued or the

20-37  entire following period, if any.

20-38  3.  A replacement tag issued pursuant to subsection 1 must be:

20-39  (a) Issued for the same unit for which the original tag was issued.

20-40  (b) Used in the same manner as or pursuant to the same conditions or

20-41  restrictions applicable to the original tag.

20-42  4.  The commission shall adopt by regulation:

20-43  (a) A procedure for the inspection and verification of the condition of

20-44  such a carcass;

20-45  (b) Requirements for the disposal of such a carcass if it is determined to

20-46  be diseased and unfit for human consumption;

 

21-1    (c) Requirements for the disposition of the hide and the antlers or horns

21-2  of the animal; and

21-3    (d) Except as otherwise provided in subsection 2, a procedure for the

21-4  issuance of a replacement tag pursuant to this section.

21-5    5.  For the purposes of this section, “split season” means a season

21-6  which is divided into two or more periods.

21-7    Sec. 56.  NRS 502.230 is hereby amended to read as follows:

21-8    502.230  1.  A nonresident deer tag for regular season may be issued

21-9  to any nonresident of this state or to the immediate members of such

21-10  nonresident’s family, as a bona fide owner of land within this state, for the

21-11  privilege to hunt upon that land to which he has title, if not less than 75

21-12  percent of all land belonging to him in the State of Nevada and upon which

21-13  he proposes to hunt is open to the public for hunting.

21-14  2.  Such nonresident may hunt deer during the same periods and subject

21-15  to the same limitations as may be allowed or imposed upon residents of

21-16  Nevada in connection with such hunting if such nonresident has first

21-17  obtained a nonresident hunting license.

21-18  3.  A nonresident deer tag for the regular season may be issued by the

21-19  [division] department only upon proof of the applicant’s title to certain

21-20  lands within this state. The commission shall adopt and promulgate

21-21  regulations establishing requirements for obtaining tags, including a

21-22  determination that the land proposed for hunting is deer habitat.

21-23  4.  Such nonresident deer tag for the regular season may be issued only

21-24  upon payment of the regular nonresident fee and is valid for use only on

21-25  the land owned and described, and such nonresident deer tag for the regular

21-26  season must indicate “nonresident landowner.”

21-27  Sec. 57.  NRS 502.240 is hereby amended to read as follows:

21-28  502.240  The [division] department shall issue annual licenses and

21-29  limited permits:

21-30  1.  To any person who has not attained his 16th birthday and who has

21-31  been a bona fide resident of the State of Nevada for 6 months immediately

21-32  preceding his application for a license, upon payment of $5 for an annual

21-33  trapping license.

21-34  2.  Except as otherwise provided in NRS 502.245 and 504.390, to any

21-35  person who has attained his 16th birthday and who has been a bona fide

21-36  resident of the State of Nevada for 6 months immediately preceding his

21-37  application for a license, upon the payment of:

21-38     For a fishing license.................................... $20

21-39     For a 1-day permit to fish............................... 6

21-40     For each consecutive day added to a 1-day permit to fish.......................................................... 2

21-41     For a hunting license..................................... 23

21-42     For a combined hunting and fishing license.... 38

21-43     For a trapping license.................................... 30

21-44     For a fur dealer’s license............................... 50

21-45     For an annual master guide’s license............ 250

21-46     For an annual subguide’s license................... 75

21-47  3.  To any person who has attained his 12th birthday but who has not

21-48  attained his 16th birthday, and who is not a bona fide resident of the State

21-49  of Nevada, upon the payment of $8 for an annual fishing license, except for

22-1  a fishing license to fish in the reciprocal waters of the Colorado River,

22-2  Lake Mead and Lake Mohave, which annual license must cost a sum

22-3  agreed upon by the commission and the Arizona Game and Fish

22-4  Commission, but not to exceed $30.

22-5    4.  Except as otherwise provided in subsection 3, to any person who is

22-6  not a bona fide resident of the State of Nevada, upon the payment of:

22-7      For a fishing license, except for a fishing license to fish in the

22-8  reciprocal waters of the Colorado River, Lake Mead and Lake

22-9  Mohave, which license must cost a sum agreed upon by the

22-10  commission and the Arizona Game and Fish Commission, but not to

22-11  exceed $30.............................................. $50

22-12     For a 1-day permit to fish.............................. 11

22-13     For each consecutive day added to a 1-day permit to fish.......................................................... 4

22-14     For a hunting license................................... 110

22-15     For an annual trapper’s license.................... 150

22-16     For a fur dealer’s license............................. 100

22-17     For an annual master guide’s license............ 500

22-18     For an annual subguide’s license................. 150

22-19     For a 1-day permit to hunt upland game and waterfowl............................................................. 15

22-20     For each consecutive day added to a 1-day permit to hunt

22-21  upland game and waterfowl.......................... 5

22-22  5.  To any person, without regard to residence, upon the payment of:

22-23     For a noncommercial license for the possession of live wildlife....................................................... $5

22-24     For a commercial or private shooting preserve   100

22-25     For a commercial license for the possession of live wildlife......................................................... 100

22-26     For a live bait dealer’s permit........................ 35

22-27     For a competitive field trials permit................ 25

22-28     For a permit to train dogs or falcons............... 5

22-29     For a 1-year falconry license......................... 30

22-30     For a 3-year falconry license......................... 75

22-31     For an importation permit............................... 5

22-32     For an import eligibility permit....................... 25

22-33     For an exportation permit................................ 5

22-34  For any other special permit issued by the [division,] department, a fee not

22-35  to exceed $100 set by the commission.

22-36  Sec. 58.  NRS 502.245 is hereby amended to read as follows:

22-37  502.245  1.  The [division] department shall issue any hunting or

22-38  fishing license or combined hunting and fishing license authorized under

22-39  the provisions of this chapter, upon proof satisfactory of the requisite facts

22-40  and payment of the applicable fee, to any person who has resided in this

22-41  state:

22-42  (a) For the 6-month period immediately preceding the date of his

22-43  application for a license and:

22-44     (1) Has a severe physical disability; or

22-45     (2) Has attained his 12th birthday but has not attained his 16th

22-46  birthday; or

22-47  (b) Continuously for 5 years immediately preceding the date of this

22-48  application for a license and is 65 years of age or older.

 

23-1    2.  The [division] department shall charge and collect for such a:

23-2      Hunting license............................................. $4

23-3      Fishing license................................................ 4

23-4      Combined hunting and fishing license.............. 7

23-5    3.  For the purposes of this section, “severe physical disability” means

23-6  a physical disability which materially limits the person’s ability to engage

23-7  in gainful employment.

23-8    Sec. 59.  NRS 502.250 is hereby amended to read as follows:

23-9    502.250  1.  Except as otherwise provided in this section, the

23-10  following fees must be charged for tags:

23-11     Resident deer tag for regular season............. $15

23-12     Nonresident and alien deer tag for regular season   60

23-13     Resident antelope tag.................................... 50

23-14     Resident elk tag.......................................... 100

23-15     Resident bighorn sheep tag.......................... 100

23-16     Resident mountain goat tag.......................... 100

23-17     Resident mountain lion tag............................ 25

23-18  2.  Other resident big game tags for special seasons must not exceed

23-19  $50. Other nonresident big game tags for special seasons must not exceed

23-20  $1,000.

23-21  3.  Tags determined to be necessary by the commission for other

23-22  species pursuant to NRS 502.130 must not exceed $100.

23-23  4.  A fee not to exceed $10 may be charged for processing an

23-24  application for a tag other than an elk tag. A fee of not less than $5 but not

23-25  more than $15 must be charged for processing an application for an elk tag,

23-26  $5 of which must be deposited with the state treasurer for credit to the

23-27  wildlife account in the state general fund and used for the prevention and

23-28  mitigation of damage caused by elk or game mammals not native to this

23-29  state.

23-30  5.  The commission may accept sealed bids for or auction not more

23-31  than 15 big game tags and not more than 5 wild turkey tags each year. To

23-32  reimburse the [division] department for the cost of managing wildlife and

23-33  administering and conducting the bid or auction, not more than 18 percent

23-34  of the total amount of money received from the bid or auction may be

23-35  deposited with the state treasurer for credit to the wildlife account in the

23-36  state general fund. Any amount of money received from the bid or auction

23-37  that is not so deposited must be deposited with the state treasurer for credit

23-38  to the wildlife heritage trust account in the state general fund in accordance

23-39  with the provisions of NRS 501.3575.

23-40  6.  The commission may by regulation establish an additional drawing

23-41  for big game tags, which may be entitled the partnership in wildlife

23-42  drawing. To reimburse the [division] department for the cost of managing

23-43  wildlife and administering and conducting the drawing, not more than 18

23-44  percent of the total amount of money received from the drawing may be

23-45  deposited with the state treasurer for credit to the wildlife account in the

23-46  state general fund. Except as otherwise provided by regulations adopted by

23-47  the commission pursuant to subsection 7, the money received by the

23-48  [division] department from applicants in the drawing who are not awarded

23-49  big game tags must be deposited with the state treasurer for credit to the

24-1  wildlife heritage trust account in accordance with the provisions of
NRS 501.3575.

24-2    7.  The commission may adopt regulations which authorize the return

24-3  of all or a portion of any fee collected from a person pursuant to the

24-4  provisions of this section.

24-5    Sec. 60.  NRS 502.255 is hereby amended to read as follows:

24-6    502.255  The [division] department shall account separately for the

24-7  money received from fees for processing applications for tags and use that

24-8  money only for all of the [division’s] department’s direct and indirect costs

24-9  associated with the system of applications and drawings for, and the

24-10  issuance of, tags.

24-11  Sec. 61.  NRS 502.300 is hereby amended to read as follows:

24-12  502.300  1.  Except as otherwise provided in subsection 2, it is

24-13  unlawful for any person to hunt any migratory game bird, except jacksnipe,

24-14  coot, gallinule, western mourning dove, white-winged dove and band-

24-15  tailed pigeon, unless at the time he is hunting he carries on his person an

24-16  unexpired state duck stamp validated by his signature in ink across the face

24-17  of the stamp.

24-18  2.  The provisions of subsection 1 do not apply to a person who:

24-19  (a) Is under the age of 12 years; or

24-20  (b) Is 65 years of age or older.

24-21  3.  Unexpired duck stamps must be sold for a fee of not more than $5

24-22  each by the [division] department and by persons authorized by the

24-23  [division] department to sell hunting licenses. The commission shall

24-24  establish the price to be charged by the [division] department or agents of

24-25  the [division] department for expired duck stamps, and the fee for

24-26  unexpired duck stamps within the limit provided.

24-27  4.  The [division] department shall determine the form of the stamps.

24-28  Sec. 62.  NRS 502.310 is hereby amended to read as follows:

24-29  502.310  All money from the sale of state duck stamps must be

24-30  deposited with the state treasurer for credit to the wildlife account in the

24-31  state general fund. The [division] department shall maintain separate

24-32  accounting records for the receipt and expenditure of money from the sale

24-33  of state duck stamps. An amount not to exceed 10 percent of that money

24-34  may be used to reimburse the [division] department for the cost of

24-35  administering the state duck stamp programs. This amount is in addition to

24-36  compensation allowed persons authorized to issue and sell licenses.

24-37  Sec. 63.  NRS 502.322 is hereby amended to read as follows:

24-38  502.322  1.  Before the [division] department may undertake any

24-39  project using money from the sale of state duck stamps, it shall analyze the

24-40  project and provide the commission with recommendations as to the need

24-41  for the project and its feasibility.

24-42  2.  Money from the sale of state duck stamps must be used for projects

24-43  approved by the commission for protection and propagation of migratory

24-44  game birds, and for the acquisition, development and preservation of

24-45  wetlands in Nevada.

24-46  Sec. 64.  NRS 502.324 is hereby amended to read as follows:

24-47  502.324  The [division] department shall, not later than the 5th

24-48  calendar day of each regular session of the legislature, submit to [it] the

25-1  legislature a report summarizing any projects undertaken, receipt and

25-2  expenditure of money , and public benefits achieved by the program for the

25-3  sale of state duck stamps.

25-4    Sec. 65.  NRS 502.326 is hereby amended to read as follows:

25-5    502.326  1.  Except as otherwise provided in subsection 2, it is

25-6  unlawful for any person to take or possess trout unless at the time he is

25-7  fishing he carries on his person a state trout stamp affixed to his fishing

25-8  license and validated by his signature in ink across the face of the stamp.

25-9    2.  The provisions of subsection 1 do not apply to a person who:

25-10  (a) Is under the age of 12; or

25-11  (b) Is fishing:

25-12     (1) Under the authority of a valid 1-day permit to fish or during a

25-13  consecutive day validly added to that permit; or

25-14     (2) In accordance with regulations adopted by the commission

25-15  pursuant to subparagraph (2) of paragraph (e) of subsection 1 of NRS

25-16  502.010.

25-17  3.  State trout stamps must be sold for a fee of $5 each by the [division]

25-18  department and by persons authorized by the [division] department to sell

25-19  hunting, fishing and trapping licenses.

25-20  4.  The [division] department shall determine the form of the stamps.

25-21  Sec. 66.  NRS 502.327 is hereby amended to read as follows:

25-22  502.327  All money from the sale of state trout stamps must be

25-23  deposited with the state treasurer for credit to the wildlife account in the

25-24  state general fund. The [division] department shall maintain separate

25-25  accounting records for the receipt and expenditure of money from the sale

25-26  of state trout stamps.

25-27  Sec. 67.  NRS 502.330 is hereby amended to read as follows:

25-28  502.330  1.  No hunting license may be obtained by any person born

25-29  after January 1, 1960, unless he presents to the [division,] department, or

25-30  one of its authorized licensing agents:

25-31  (a) A certificate of successful completion of a course of instruction in

25-32  the responsibilities of hunters as provided by NRS 502.340;

25-33  (b) An equivalent certificate of completion of a course in the

25-34  responsibilities of hunters provided by a state or an agency of a Canadian

25-35  province for the management of wildlife; or

25-36  (c) A hunting license issued to him in a previous year by the [division,]

25-37  department, a state or an agency of a Canadian province, which bears a

25-38  number or other unique mark evidencing successful completion of a course

25-39  of instruction in the responsibilities of hunters.

25-40  2.  Any person who has been convicted of violating NRS 503.165 or

25-41  503.175 may not obtain a hunting license until he has successfully

25-42  completed a course in the responsibilities of hunters conducted pursuant to

25-43  NRS 502.340.

25-44  Sec. 68.  NRS 502.340 is hereby amended to read as follows:

25-45  502.340  The [division] department shall certify instructors who will,

25-46  with the cooperation of the [division,] department, provide instruction in

25-47  the responsibilities of hunters established by the [division] department to

25-48  all eligible persons who, upon the successful completion of the course,

26-1  must be issued a certificate. Persons who are disqualified from obtaining a

26-2  hunting license, pursuant to NRS 502.330, are eligible for the course.

26-3    Sec. 69.  NRS 502.370 is hereby amended to read as follows:

26-4    502.370  1.  A license to practice taxidermy is required before any

26-5  person may perform taxidermal services for others on any wildlife or their

26-6  parts, nests or eggs.

26-7    2.  Annual licenses for the term of 1 year from July 1 to June 30 must

26-8  be issued by the [division] department for the following fees:

26-9      Fee to practice commercial taxidermy.......... $35

26-10     Fee to practice noncommercial taxidermy........ 5

26-11  3.  Any person who wishes to obtain a license to practice taxidermy

26-12  must apply for the license on an application form provided by the

26-13  [division.] department. The applicant must provide such information on

26-14  the form as the commission may require by regulation.

26-15  4.  The commission may adopt regulations governing the licensing of

26-16  taxidermists and the practice of taxidermy, including:

26-17  (a) The receipt, possession, transportation, identification, purchase and

26-18  sale of wildlife or parts thereof to be or which have been processed by a

26-19  taxidermist;

26-20  (b) The maintenance and submission of written records; and

26-21  (c) Any other matter concerning the practice, conduct and operating

26-22  procedures of taxidermists as the commission may deem necessary.

26-23  5.  A person who is authorized to enforce the provisions of this Title

26-24  may enter the facilities of a licensee at any reasonable hour and inspect his

26-25  operations and records.

26-26  6.  If a licensee is convicted of a violation of any provision of this Title

26-27  or the regulations adopted by the commission, the commission may revoke

26-28  his license and may refuse to issue another license to him for a period not

26-29  to exceed 5 years.

26-30  7.  The provisions of this section do not apply to institutions of learning

26-31  of this state or of the United States, or to research activities conducted

26-32  exclusively for scientific purposes, or for the advancement of agriculture,

26-33  biology or any of the sciences.

26-34  Sec. 70.  NRS 502.390 is hereby amended to read as follows:

26-35  502.390  1.  Any:

26-36  (a) Person who develops or maintains an artificial or man-made body of

26-37  water, other than a body of water maintained for agricultural or recreational

26-38  purposes, containing chemicals or substances in quantities which, with the

26-39  normal use of the body of water, causes or will cause the death of any

26-40  wildlife; or

26-41  (b) Operator of a mining operation which develops or maintains an

26-42  artificial body of water containing chemicals directly associated with the

26-43  processing of ore,

26-44  must first obtain a permit from the [division] department authorizing the

26-45  development or maintenance of the body of water.

26-46  2.  Within 30 working days after receiving an application for a permit,

26-47  the [division] department shall issue the permit or deny the application and

26-48  list the reasons for denial. An applicant may appeal the denial of a permit

26-49  to the commission. A permit may be valid for up to 5 years. The

27-1  commission may establish a fee for a permit of not more than $100
per year.

27-2    3.  Upon the transfer of ownership of any artificial or man-made body

27-3  of water as to which a permit issued pursuant to this section is in force at

27-4  the time of the transfer, the permit remains in effect for 30 days after the

27-5  transfer of ownership.

27-6    4.  A person holding a permit issued pursuant to this section shall, in

27-7  addition to the fee for the permit, pay to the [division] department an

27-8  assessment. The amount of the assessment must be determined pursuant to

27-9  regulations adopted by the commission. The assessment must be no more

27-10  than $10,000 per year for each permit.

27-11  5.  Any person who fails to obtain a permit or pay an assessment as

27-12  required by this section and the regulations adopted pursuant thereto or

27-13  who fails to comply with the provisions of a permit is guilty of a

27-14  misdemeanor for the first offense and a gross misdemeanor for any

27-15  subsequent offense.

27-16  6.  As used in this section:

27-17  (a) “Mining operation” means any activity conducted in this state by a

27-18  person on or beneath the surface of land for the purpose of, or in

27-19  connection with, the development or extraction of any mineral.

27-20  (b) “Operator” means any person who owns, controls or manages a

27-21  mining operation.

27-22  Sec. 71.  NRS 503.005 is hereby amended to read as follows:

27-23  503.005  1.  Except as otherwise provided in subsection 2, a person

27-24  shall not kill or attempt to kill any birds or animals while flying in an

27-25  aircraft.

27-26  2.  The commission may promulgate rules and regulations whereby the

27-27  [division] department may issue permits authorizing the hunting, killing or

27-28  nonlethal control of coyotes, bobcats or ravens from an aircraft.

27-29  3.  Every person who willfully violates the provisions of subsection 1 is

27-30  guilty of a misdemeanor.

27-31  Sec. 72.  NRS 503.035 is hereby amended to read as follows:

27-32  503.035  1.  “Meat or game processor” as used in this section means

27-33  any person, firm or corporation that receives any game for the purpose of

27-34  processing or storage or for the purposes of processing and storage.

27-35  2.  Any meat or game processor who receives any game for the purpose

27-36  of processing or storage may, within 90 days after the receipt thereof, if

27-37  such game remains in the possession of such meat or game processor,

27-38  dispose of such game to the [division] department if the owner of such

27-39  game has not paid such meat or game processor for the processing or

27-40  storage thereof.

27-41  3.  The [division] department shall distribute such game to public

27-42  charities on a fair and equitable basis.

27-43  4.  No action may be commenced against such meat or game processor

27-44  by the owner of such game after such game has been delivered to the

27-45  [division] department under the provisions of this section.

27-46  5.  Nothing in this section deprives a meat or game processor of any

27-47  remedy at law available to a creditor against a debtor for the recovery of

28-1  any money or other legal consideration owing from the owner of the game

28-2  to the meat or game processor for such processing or storage.

28-3    Sec. 73.  NRS 503.040 is hereby amended to read as follows:

28-4    503.040  1.  Except as otherwise provided in this section, it is

28-5  unlawful for any person at any time to transport or offer for transportation

28-6  to any place within or outside of this state any game mammal, raw furs,

28-7  wild mammal taken by trapping, game bird or game fish taken within this

28-8  state.

28-9    2.  Any person who has legally taken any game mammal, raw furs,

28-10  wild mammal taken by trapping, game bird or game fish within this state

28-11  may use his hunting license, trapping license or fishing license or tag or

28-12  stamp, when required, as a permit to transport one possession limit to

28-13  points within or outside the state.

28-14  3.  Any person who legally acquires ownership or custody of any game

28-15  mammal, raw furs, wild mammal taken by trapping, game bird or game

28-16  fish not taken by him through hunting, trapping or fishing may transport

28-17  such mammal, furs, bird or fish within the state without a transportation

28-18  permit if such shipment does not exceed one possession limit and if such

28-19  shipment is labeled with the name, address, number and class of license of

28-20  the hunter, trapper or fisherman who legally took such mammal, furs, bird

28-21  or fish and date taken, if the mammal, furs, bird or fish is not required by

28-22  law or regulation to be tagged. Unless otherwise permitted by a regulation

28-23  of the commission, when tagged shipments are involved, a transportation

28-24  permit is required as provided in this section.

28-25  4.  Any other person who desires to transport any game mammal, raw

28-26  furs, wild mammal taken by trapping, game fish or game bird to a point

28-27  within or without the state may do so only under the authority of a

28-28  transportation permit as provided in this section.

28-29  5.  The [division] department shall designate the form of the

28-30  transportation permit and such permits may be issued for a fee of $1 by any

28-31  game warden or other such persons as may be specifically designated by

28-32  the [division.] department. The person legally in possession of the game

28-33  mammals, raw furs, wild mammals taken by trapping, game birds or game

28-34  fish to be transported must appear before the issuing agent to obtain a

28-35  transportation permit. The permit must describe the wildlife to be

28-36  transported and identify by name, address, license number and class the

28-37  person who legally took the furs or wildlife and by name and address the

28-38  person transporting it. Whenever raw furs or wildlife is to be transported

28-39  by the postal service or by common carrier, freight or express agency, such

28-40  an agency may be designated by name alone.

28-41  6.  Game mammals, raw furs, wild mammals taken by trapping, game

28-42  birds or game fish transported to another person shall be deemed to be in

28-43  the legal possession of the person making shipment until actual delivery is

28-44  made.

28-45  7.  Any package or container in which game birds, raw furs, wild

28-46  mammals taken by trapping, game mammals or game fish are being

28-47  transported by common carrier must have the name and address of the

28-48  shipper and of the consignee and an accurate statement of the number and

29-1  kinds of game birds, raw furs, wild mammals taken by trapping, game

29-2  mammals or game fish contained therein attached to the outside thereof.

29-3    8.  The commission may limit the number of shipments by any one

29-4  person in any one season of any kind of game bird, game mammal or game

29-5  fish.

29-6    Sec. 74.  NRS 503.185 is hereby amended to read as follows:

29-7    503.185  1.  Every person involved in a hunting accident where

29-8  damage to property results, or which involves the injury of or death to

29-9  another person, shall file a report of the accident with the [division]

29-10  department within 30 days after the accident. The report must be on the

29-11  form prescribed by the [division.] department.

29-12  2.  The [division] department shall revoke any hunting license held by

29-13  a person convicted of violating NRS 503.165 or 503.175, if the violation

29-14  results in an injury to or the death of another person. The [division]

29-15  department shall not issue another such license to the person sooner than 2

29-16  years after the revocation.

29-17  Sec. 75.  NRS 503.200 is hereby amended to read as follows:

29-18  503.200  1.  The [division] department is empowered to authorize,

29-19  under permit and for such fee as may be provided in NRS 502.240,

29-20  competitive field trials for hunting dogs or competitive field trials for

29-21  falconry. The commission shall prescribe the rules and regulations to be

29-22  followed by those in charge of such trials insofar as conduct of the field

29-23  trials has any effect or bearing upon wildlife and the laws of this state

29-24  respecting closed and open seasons.

29-25  2.  For the purpose of permitting such field trials , the [division]

29-26  department may authorize shooting of legally acquired upland game birds

29-27  during any closed season on the species of bird or birds to be hunted.

29-28  3.  All legally acquired upland game birds used in a field trial or for the

29-29  purpose of training hunting dogs and for falconry training must be banded

29-30  with legbands by the person in charge of such field trial or training. Such

29-31  birds may only be released in an area first approved by the [division,]

29-32  department, after which the [division] department shall authorize, under

29-33  permit and under such rules and regulations as the commission may

29-34  prescribe, the releasing of such legally acquired upland game birds for the

29-35  foregoing purposes.

29-36  4.  All birds killed under the provisions of this section must be

29-37  accompanied by a receipt, giving the permit number, the date, the name of

29-38  the person in possession, and signed by the permit holder. Birds killed and

29-39  accompanied by a receipt under the provisions of this section may be

29-40  legally possessed.

29-41  Sec. 76.  NRS 503.290 is hereby amended to read as follows:

29-42  503.290  1.  Except as otherwise provided in subsection 2, it is

29-43  unlawful for any person to fish in or from any of the waters of the State of

29-44  Nevada for any fish of any species in any manner other than with hook and

29-45  line attached to a rod or reel closely attended in the manner known as

29-46  angling. Only one combination of hook, line and rod must be used by one

29-47  person at any time, except that a second combination of hook, line and rod

29-48  may be used by a person if the person:

30-1    (a) Purchases from the [division] department or a license agent of the

30-2  [division] department a stamp or permit for a second rod;

30-3    (b) Uses the rod in the manner prescribed in this section; and

30-4    (c) Has in his possession a valid fishing license, combined hunting and

30-5  fishing license or permit to fish issued to him by the [division.]

30-6  department.

30-7  The fee for the stamp or permit is $10, and is valid only for the period for

30-8  which it is issued.

30-9    2.  The commission may by regulation authorize other methods for

30-10  taking fish. Frogs may be taken by spear, bow and arrow, hook and line or

30-11  by other methods authorized by the commission’s regulation.

30-12  3.  For the purposes of this section, “hook” includes not more than

30-13  three baited hooks, not more than three fly hooks or not more than two

30-14  plugs or similar lures. No more than two such plugs or lures, irrespective of

30-15  the number of hooks or attractor blades attached thereto, may be attached

30-16  to the line.

30-17  Sec. 77.  NRS 503.310 is hereby amended to read as follows:

30-18  503.310  1.  The commission may regulate or prohibit the use of live

30-19  bait in fishing so that no undesirable species are introduced into the public

30-20  waters of this state.

30-21  2.  Any person engaged in the sale of live bait must first obtain a permit

30-22  from the [division] department for the fee provided in NRS 502.240. The

30-23  permit may be revoked for any violation of regulations.

30-24  3.  The commission may prescribe the species which may be held or

30-25  sold by the permittee.

30-26  Sec. 78.  NRS 503.360 is hereby amended to read as follows:

30-27  503.360  1.  It is unlawful for any person at any time to fish from any

30-28  state hatchery, or from any waters set aside or used for the purpose of

30-29  rearing or growing fish for transplanting by the state.

30-30  2.  Nothing in this section prohibits employees of the [division]

30-31  department from handling, at any time, all such fish, as may be required in

30-32  the propagation, care and distribution of the fish.

30-33  Sec. 79.  NRS 503.380 is hereby amended to read as follows:

30-34  503.380  The [division] department may take or permit the commercial

30-35  taking of unprotected wildlife in any manner approved by the commission.

30-36  The commission may fix a price to be paid for wildlife so taken.

30-37  Unprotected wildlife taken under this authorization may be sold.

30-38  Sec. 80.  NRS 503.400 is hereby amended to read as follows:

30-39  503.400  1.  Every person who has erected, or who may hereafter

30-40  erect, any dams, water weirs or other obstructions to the free passage of

30-41  fish in the rivers, streams, lakes or other waters of the State of Nevada shall

30-42  construct and keep in repair to the satisfaction of the [division] department

30-43  fishways or fish ladders at all such dams, water weirs or other obstructions

30-44  so that at all seasons of the year fish may ascend above such dams, water

30-45  weirs or other obstructions to deposit their spawn.

30-46  2.  Every person so placing, controlling or owning any such obstruction

30-47  who fails to comply with the provisions of this section after having been

30-48  notified in writing so to do by the [division,] department, and every person

31-1  who at any time willfully or knowingly destroys, injures or obstructs any

31-2  fishway or fish ladder which is required by law is guilty of a misdemeanor.

31-3    Sec. 81.  NRS 503.420 is hereby amended to read as follows:

31-4    503.420  1.  Any person, firm or corporation owning in whole or in

31-5  part any canal, ditch or any artificial watercourse, taking or receiving its

31-6  waters from any river, creek or lake in which fish have been placed or may

31-7  exist, shall place or cause to be placed, and such persons shall maintain at

31-8  the intake or inlet of such canal, ditch or watercourse, a grating, screen or

31-9  other device, either stationary or operated mechanically, of such

31-10  construction, fineness, strength and quality as may be designated by the

31-11  [division,] department, to prevent any fish from entering such canal, ditch

31-12  or watercourse.

31-13  2.  If such person, firm or corporation, after due notice from the

31-14  [division,] department, fails to install or maintain such grating, screen or

31-15  device, the commission is authorized to enter upon lands adjacent to the

31-16  inlet of such canal, ditch or watercourse, and may install therein, and

31-17  thereafter maintain, such grating, screen or device as in the discretion of

31-18  the [division] department is proper.

31-19  3.  It is unlawful for any person or persons, except a game warden, to

31-20  remove, tamper with, destroy or in any way molest such screens when the

31-21  same have been installed.

31-22  Sec. 82.  NRS 503.425 is hereby amended to read as follows:

31-23  503.425  1.  Before a person may use any vacuum or suction dredge

31-24  equipment in any river, stream or lake of this state, he must submit an

31-25  application to the [division.] department. The application must be

31-26  accompanied by a fee of $5 and must specify the type and size of

31-27  equipment to be used and its location. If the [division] department

31-28  determines that the operations will not be deleterious to fish , it shall issue

31-29  a permit to the applicant.

31-30  2.  A permit issued pursuant to subsection 1 does not authorize the

31-31  recipient to use any equipment in any navigable body of water unless the

31-32  recipient has obtained the appropriate permit for such a use from the state

31-33  land registrar.

31-34  3.  It is unlawful for any person to:

31-35  (a) Conduct dredging operations without securing a permit pursuant to

31-36  subsection 1;

31-37  (b) Operate any equipment other than that specified in the permit; or

31-38  (c) Conduct a dredging operation outside the area designated on the

31-39  permit.

31-40  Sec. 83.  NRS 503.452 is hereby amended to read as follows:

31-41  503.452  Each trap, snare or similar device used in the taking of wild

31-42  mammals may bear a number registered with the [division] department or

31-43  be permanently marked with the name and address of the owner or trapper

31-44  using it. If a trap is registered, the registration is permanent. A registration

31-45  fee of $5 for each registrant is payable only once, at the time the first trap,

31-46  snare or similar device is registered.

 

 

 

32-1    Sec. 84.  NRS 503.470 is hereby amended to read as follows:

32-2    503.470  1.  Fur-bearing mammals injuring any property may be taken

32-3  or killed at any time in any manner, provided a permit is first obtained

32-4  from the [division.] department.

32-5    2.  When the [division] department has determined from investigations

32-6  or upon a petition signed by the owners of 25 percent of the land area in

32-7  any irrigation district or the area served by a ditch company alleging that

32-8  an excessive population of beaver or otter exists or that beaver or otter are

32-9  doing damage to lands, streams, ditches, roads or water control structures,

32-10  the [division] department shall remove such excess or depredating beaver

32-11  or otter.

32-12  Sec. 85.  NRS 503.540 is hereby amended to read as follows:

32-13  503.540  Whenever the [division] department determines that beaver

32-14  or otter are doing damage and that it will be necessary to remove beaver or

32-15  otter from the land of a person to protect the lands of another landowner,

32-16  the [division] department is not prevented from taking such beaver or otter

32-17  by the refusal of the landowner to allow the [division’s] employees of the

32-18  department to enter upon his land. The [division] department is authorized

32-19  to enter upon the lands of such owner and remove beaver or otter for the

32-20  relief of other landowners and the protection of the public welfare.

32-21  Sec. 86.  NRS 503.575 is hereby amended to read as follows:

32-22  503.575  The [division,] department, with the approval of the

32-23  commission, may sell live beaver.

32-24  Sec. 87.  NRS 503.582 is hereby amended to read as follows:

32-25  503.582  Except as otherwise provided in this section, it is unlawful for

32-26  any person to hunt, trap, possess or sell any species, native or otherwise, of

32-27  owl, hawk or other birds of prey, including all raptors or the parts thereof,

32-28  without first obtaining a permit from the [division.] department. The

32-29  commission may adopt regulations:

32-30  1.  Covering the hunting, trapping, possession or sale of any of those

32-31  species.

32-32  2.  Authorizing a person to hunt, trap, possess or sell any of those

32-33  species without obtaining a permit pursuant to the provisions of this

32-34  section.

32-35  Sec. 88.  NRS 503.583 is hereby amended to read as follows:

32-36  503.583  1.  Except as otherwise provided in this section, any person

32-37  who practices falconry or trains birds of prey must obtain a falconry license

32-38  from the [division] department upon payment of a license fee as provided

32-39  in NRS 502.240.

32-40  2.  The licensee, under permit, may obtain from the wild only two birds

32-41  per year. All such birds of prey must be banded in accordance with

32-42  regulations adopted by the commission.

32-43  3.  Birds of prey may not be taken, captured or disturbed during the

32-44  months in which they breed.

32-45  4.  This section does not prohibit the capture or killing of a hawk or an

32-46  owl by holders of scientific collecting permits.

32-47  5.  The commission may adopt regulations authorizing a person to

32-48  practice falconry or train birds of prey without obtaining a falconry license

32-49  pursuant to the provisions of subsection 1.

33-1    Sec. 89.  NRS 503.5833 is hereby amended to read as follows:

33-2    503.5833  The [division] department shall, upon request of the welfare

33-3  division of the department of human resources, submit to the welfare

33-4  division the name, address and social security number of each person who

33-5  holds a permit or license issued pursuant to NRS 503.582 or 503.583 that

33-6  does not expire less than 6 months after it is issued and any pertinent

33-7  changes in that information.

33-8    Sec. 90.  NRS 503.5835 is hereby amended to read as follows:

33-9    503.5835  1.  If the [division] department receives a copy of a court

33-10  order issued pursuant to NRS 425.540 that provides for the suspension of

33-11  all professional, occupational and recreational licenses, certificates and

33-12  permits issued to a person who is the holder of a permit or license issued

33-13  pursuant to NRS 503.582 or 503.583 that does not expire less than 6

33-14  months after it is issued, the [division] department shall deem the permit or

33-15  license issued to that person to be suspended at the end of the 30th day

33-16  after the date on which the court order was issued unless the [division]

33-17  department receives a letter issued to the holder of the permit or license by

33-18  the district attorney or other public agency pursuant to NRS 425.550

33-19  stating that the holder of the permit or license has complied with the

33-20  subpoena or warrant or has satisfied the arrearage pursuant to NRS

33-21  425.560.

33-22  2.  The [division] department shall reinstate a permit or license issued

33-23  pursuant to NRS 503.582 or 503.583 that has been suspended by a district

33-24  court pursuant to NRS 425.540 if the [division] department receives a

33-25  letter issued by the district attorney or other public agency pursuant to NRS

33-26  425.550 to the person whose permit or license was suspended stating that

33-27  the person whose permit or license was suspended has complied with the

33-28  subpoena or warrant or has satisfied the arrearage pursuant to NRS

33-29  425.560.

33-30  Sec. 91.  NRS 503.585 is hereby amended to read as follows:

33-31  503.585  A species or subspecies of native fish, wildlife and other

33-32  fauna must be regarded as threatened with extinction when the

33-33  commission, after consultation with competent authorities, determines that

33-34  its existence is endangered and its survival requires assistance because of

33-35  overexploitation, disease or other factors or its habitat is threatened with

33-36  destruction, drastic modification or severe curtailment. Any animal so

33-37  declared to be threatened with extinction must be placed on the list of fully

33-38  protected species, and no member of its kind may be captured, removed or

33-39  destroyed at any time by any means except under special permit issued by

33-40  the [division.] department.

33-41  Sec. 92.  NRS 503.586 is hereby amended to read as follows:

33-42  503.586  Where any bird, mammal or other wildlife which is declared

33-43  to be in danger of extinction pursuant to NRS 503.585 is found to be

33-44  destructive of domestic animals or fowl or a menace to health, the

33-45  [division] department may provide for its destruction or its removal, alive,

33-46  for translocating.

33-47  Sec. 93.  NRS 503.589 is hereby amended to read as follows:

33-48  503.589  In carrying out the program authorized by NRS 503.584 to

33-49  503.589, inclusive, the [administrator] director shall cooperate, to the

34-1  maximum extent practicable, with other states and with the counties in the

34-2  State of Nevada, and he may enter into agreements with such other states

34-3  and counties and with other legal entities for the administration and

34-4  management of any area established pursuant to NRS 503.584 to 503.589,

34-5  inclusive, for the conservation, protection, restoration and propagation of

34-6  species of native fish, wildlife and other fauna which are threatened with

34-7  extinction.

34-8    Sec. 94.  NRS 503.595 is hereby amended to read as follows:

34-9    503.595  After the owner or tenant of any land or property has made a

34-10  report to the [division] department indicating that such land or property is

34-11  being damaged or destroyed, or is in danger of being damaged or

34-12  destroyed, by wildlife, the [division] department may, after thorough

34-13  investigation and pursuant to such regulations as the commission may

34-14  promulgate, cause such action to be taken as it may deem necessary,

34-15  desirable and practical to prevent or alleviate such damage or threatened

34-16  damage to such land or property.

34-17  Sec. 95.  NRS 503.597 is hereby amended to read as follows:

34-18  503.597  1.  Except as otherwise provided in this section, it is

34-19  unlawful, except by the written consent and approval of the [division,]

34-20  department, for any person at anytime to receive, bring or have brought or

34-21  shipped into this state, or remove from one stream or body of water in this

34-22  state to any other, or from one portion of the state to any other, or to any

34-23  other state, any aquatic life, wildlife, spawn, eggs or young of any of them.

34-24  2.  The [division] department shall require an applicant to conduct an

34-25  investigation to confirm that such an introduction or removal will not be

34-26  detrimental to the wildlife or the habitat of wildlife in this state. Written

34-27  consent and approval of the [division] department may be given only if the

34-28  results of the investigation prove that the introduction, removal or

34-29  importation will not be detrimental to existing aquatic life, wildlife, spawn,

34-30  eggs or young of any of them.

34-31  3.  The commission may through appropriate regulation provide for the

34-32  inspection of such introduced or removed creatures and the inspection fees

34-33  therefor.

34-34  4.  The commission may adopt regulations to prohibit the importation,

34-35  transportation or possession of any species of wildlife which the

34-36  commission deems to be detrimental to the wildlife or the habitat of the

34-37  wildlife in this state.

34-38  5.  The provisions of this section do not apply to alternative livestock

34-39  and products made therefrom.

34-40  Sec. 96.  NRS 503.610 is hereby amended to read as follows:

34-41  503.610  1.  Except as otherwise provided in subsection 2, it is

34-42  unlawful for any person, firm, company, corporation or association to kill,

34-43  destroy, wound, trap, injure, possess dead or alive, or in any other manner

34-44  to catch or capture, or to pursue with such intent the birds known as the

34-45  [American] bald eagle and the golden eagle, or to take, injure, possess or

34-46  destroy the nests or eggs of such birds.

34-47  2.  The [division] department may issue permits to take bald eagles or

34-48  golden eagles whenever it determines that they have become seriously

34-49  injurious to wildlife or agricultural or other interests in any particular area

35-1  of the state and the injury complained of is substantial and can only be

35-2  abated by taking some or all of the offending birds. The issuance of such

35-3  permits must be consistent with federal law.

35-4    Sec. 97.  NRS 503.650 is hereby amended to read as follows:

35-5    503.650  Nothing in this Title:

35-6    1.  Prohibits any person, upon the written permit of the [division,]

35-7  department, from taking, killing, possessing or banding any species of

35-8  wildlife, or collecting the nest or eggs thereof, for strictly scientific or

35-9  educational purposes, the number and species of wildlife to be limited by

35-10  the [division.] department.

35-11  2.  Prevents shipping into any other county or state, under a written

35-12  permit issued by the [division,] department, any wildlife for scientific or

35-13  educational purposes.

35-14  The fee for a permit to collect wildlife for scientific or educational

35-15  purposes is $5.

35-16  Sec. 98.  NRS 504.140 is hereby amended to read as follows:

35-17  504.140  1.  The [division] department is authorized, subject to

35-18  approval by the commission, to enter into agreements with landowners,

35-19  individually or in groups, to establish wildlife management areas and to

35-20  enforce regulations necessary thereto for the purpose of providing greater

35-21  areas for the public to hunt or fish on private lands and to protect the

35-22  landowner or lessee from damage due to trespass or excessive hunting or

35-23  fishing pressure.

35-24  2.  Such an agreement must require that the department designate

35-25  certain portions of the area as closed zones for the protection of livestock,

35-26  buildings, persons and other properties.

35-27  3.  The zones must be posted conspicuously along all boundaries and it

35-28  is unlawful to hunt, fish or trespass therein or to hunt or fish on any

35-29  cooperative area contrary to the regulations provided.

35-30  4.  The agreement may designate the number of hunters or fishermen

35-31  who may be admitted to the area, if such limitation is necessary or

35-32  desirable.

35-33  Sec. 99.  NRS 504.147 is hereby amended to read as follows:

35-34  504.147  1.  The [division] department may, if such leases or sales do

35-35  not interfere with the use of such real property for wildlife management or

35-36  for hunting or fishing thereon:

35-37  (a) Lease, for a term not exceeding 5 years, grazing or pasturage rights

35-38  in and to real property which is assigned to the [division] department for

35-39  administration.

35-40  (b) Sell crops or agricultural products of whatever kind produced on

35-41  such real property.

35-42  2.  Except as otherwise provided in subsection 3, whenever the

35-43  [division] department intends to lease grazing or pasturage rights or to sell

35-44  or offer for sale agricultural products as provided in subsection 1, the

35-45  [division] department may do so only by advertising for bids, reserving in

35-46  such advertising the right to reject any or all bids.

35-47  3.  The [division] department may enter into such a lease with or make

35-48  such a sale to a state agency without advertising for bids if the rent agreed

35-49  to be paid for the lease or the sale price agreed to be paid for any

36-1  agricultural commodities to be sold is, in the opinion of the [division,]

36-2  department, equal to the amount that would be obtained by advertising for

36-3  bids.

36-4    4.  If the [division] department finds that the highest or best bid is less

36-5  than the amount that should be paid, the [division] department may reject

36-6  all bids and negotiate with interested persons for such lease or sale, but

36-7  shall not accept any negotiated price if it is less in amount than the highest

36-8  bid tendered for the same lease or sale.

36-9    5.  If the deed to real property assigned to the [division] department for

36-10  administration contains a covenant or provision giving to the grantor an

36-11  option to meet the highest bid for any lease by the [division] department of

36-12  grazing or pasturage rights to the real property or the sale of agricultural

36-13  products from it, the [division] department shall comply with the terms of

36-14  the covenant or provision in the deed.

36-15  Sec. 100.  NRS 504.155 is hereby amended to read as follows:

36-16  504.155  All gifts, grants, fees and appropriations of money received

36-17  by the [division] department for the prevention and mitigation of damage

36-18  caused by elk or game mammals not native to this state, and the interest

36-19  and income earned on the money, less any applicable charges, must be

36-20  accounted for separately within the wildlife account and may only be

36-21  disbursed as provided in the regulations adopted pursuant to NRS 504.165.

36-22  Sec. 101.  NRS 504.165 is hereby amended to read as follows:

36-23  504.165  1.  The commission shall adopt regulations governing the

36-24  disbursement of money to:

36-25  (a) Prevent or mitigate damage to private property and privately

36-26  maintained improvements; and

36-27  (b) Compensate persons for grazing reductions and the loss of stored

36-28  and standing crops,

36-29  caused by elk or game mammals not native to this state.

36-30  2.  The regulations must contain:

36-31  (a) Requirements for the eligibility of those persons claiming damage to

36-32  private property or privately maintained improvements to receive money or

36-33  materials from the [division,] department, including a requirement that

36-34  such a person enter into a cooperative agreement with the [administrator]

36-35  director for purposes related to this Title.

36-36  (b) Procedures for the formation of local panels to assess damage

36-37  caused by elk or game mammals not native to this state and to determine

36-38  the value of a loss claimed if the person claiming the loss and the [division]

36-39  department do not agree on the value of the loss.

36-40  (c) Procedures for the use on private property of materials purchased by

36-41  the state to prevent damage caused by elk or game mammals not native to

36-42  this state.

36-43  (d) Any other regulations necessary to carry out the provisions of this

36-44  section and NRS 504.155 and 504.175.

36-45  3.  The regulations must:

36-46  (a) Provide for the payment of money or other compensation to cover

36-47  the costs of labor and materials necessary to prevent or mitigate damage to

36-48  private property and privately maintained improvements caused by elk or

36-49  game mammals not native to this state.

37-1    (b) Prohibit a person who has, within a particular calendar year, applied

37-2  for or received a special incentive elk tag pursuant to NRS 502.142 from

37-3  applying, within the same calendar year, for compensation pursuant to this

37-4  section for the same private land.

37-5    4.  Money may not be disbursed to a claimant pursuant to this section

37-6  unless the claimant shows by a preponderance of the evidence that the

37-7  damage for which he is seeking compensation was caused solely by elk or

37-8  game mammals not native to this state.

37-9    Sec. 102.  NRS 504.175 is hereby amended to read as follows:

37-10  504.175  The [administrator] director shall, on or before the fifth

37-11  calendar day of each regular session of the legislature, submit to the

37-12  legislature a report summarizing the actions taken by the [division]

37-13  department to prevent or mitigate damage caused by elk or game mammals

37-14  not native to this state. The report must include a list of the expenditures

37-15  made pursuant to this section and NRS 504.155 and 504.165 during the

37-16  preceding biennium and a determination of the amount of money

37-17  remaining for those purposes.

37-18  Sec. 103.  NRS 504.185 is hereby amended to read as follows:

37-19  504.185  The provisions of NRS 504.155, 504.165 and 504.175 do not

37-20  apply to:

37-21  1.  Alternative livestock; or

37-22  2.  Game mammals not native to this state,

37-23  that are held in captivity for purposes other than as required by the

37-24  [division.] department.

37-25  Sec. 104.  NRS 504.245 is hereby amended to read as follows:

37-26  504.245  1.  Any species of wildlife, including alternative livestock,

37-27  that:

37-28  (a) Is released from confinement without the prior written authorization

37-29  of the [division;] department; or

37-30  (b) Escapes from the possessor’s control,

37-31  may be captured, seized or destroyed by the [division] department if the

37-32  [division] department determines that such actions are necessary to protect

37-33  wildlife and the habitat of wildlife in this state.

37-34  2.  The owner or possessor of such wildlife:

37-35  (a) Shall report its escape immediately after receiving knowledge of the

37-36  escape; and

37-37  (b) Is liable for the costs incurred by the [division] department to

37-38  capture, maintain and dispose of the wildlife and for any damage caused by

37-39  the wildlife.

37-40  3.  The [division] department is not liable for any damage to wildlife,

37-41  or caused by wildlife, in carrying out the provisions of this section.

37-42  Sec. 105.  NRS 504.295 is hereby amended to read as follows:

37-43  504.295  1.  Except as otherwise provided in this section and NRS

37-44  503.590, or unless otherwise specified by a regulation adopted by the

37-45  commission, no person may:

37-46  (a) Possess any live wildlife unless he is licensed by the [division]

37-47  department to do so.

37-48  (b) Capture live wildlife in this state to stock a commercial or

37-49  noncommercial wildlife facility.

38-1    (c) Possess or release from confinement any mammal for the purposes

38-2  of hunting.

38-3    2.  The commission shall adopt regulations for the possession of live

38-4  wildlife. The regulations must set forth the species of wildlife which may

38-5  be possessed and propagated, and provide for the inspection by the

38-6  [division] department of any related facilities.

38-7    3.  In accordance with the regulations of the commission, the [division]

38-8  department may issue commercial and noncommercial licenses for the

38-9  possession of live wildlife upon receipt of the applicable fee.

38-10  4.  The provisions of this section do not apply to alternative livestock

38-11  and products made therefrom.

38-12  Sec. 106.  NRS 504.310 is hereby amended to read as follows:

38-13  504.310  1.  Before being entitled to the benefits of any commercial or

38-14  private shooting preserve, the owner or proprietor thereof must make

38-15  application to the [division.] department. The application must set forth:

38-16  (a) The name and location of the shooting preserve.

38-17  (b) A legal description of the area included in the preserve.

38-18  (c) A statement whether the preserve is to be a commercial or private

38-19  preserve.

38-20  (d) If the application is for a commercial shooting preserve, a statement

38-21  of fees that are to be collected for the privilege of shooting on the preserve.

38-22  2.  If, after investigation, the [division] department is satisfied that the

38-23  tract is suitable for the purpose, and that the establishment of such a

38-24  preserve will not conflict with the public interest, the [division] department

38-25  may issue a commercial or private shooting preserve license upon the

38-26  payment of a license fee as provided in NRS 502.240.

38-27  Sec. 107.  NRS 504.320 is hereby amended to read as follows:

38-28  504.320  1.  Before any shooting may be done on such commercial or

38-29  private shooting preserve, the licensee must advise the [division,]

38-30  department, in writing, of the number of each species of upland game bird

38-31  reared, purchased or acquired for liberation, and request, and receive in

38-32  writing, a shooting authorization which states the number of each species

38-33  which may be taken by shooting.

38-34  2.  Birds must be at least 8 weeks of age, full winged, and in a

38-35  condition to go wild before liberation. Before release, all birds must be

38-36  banded with legbands, the specifications of which must be determined by

38-37  commission regulation. Legbands must remain with the birds and not be

38-38  removed until the birds are utilized by the hunter.

38-39  3.  The licensee, or with his written permit the holder thereof, may take

38-40  such upland game bird from such licensed preserve by shooting only, from

38-41  August 1 to April 30, inclusive.

38-42  4.  Permits to hunt on such licensed preserve may be used only on the

38-43  date of issuance, and the hunter must carry the permit on his person at all

38-44  times while on the area and while in possession of birds taken on such area.

38-45  Sec. 108.  NRS 504.350 is hereby amended to read as follows:

38-46  504.350  1.  No game bird taken in accordance with the provisions of

38-47  NRS 504.300 to 504.380, inclusive, may be removed from the licensed

38-48  premises until the licensee or his agent has attached thereto an invoice,

38-49  signed by the licensee or his agent, stating:

39-1    (a) The number of his license.

39-2    (b) The name of the shooting preserve.

39-3    (c) The date that the birds were killed.

39-4    (d) The kind and number of such birds.

39-5    (e) The name and address of the hunter killing such birds.

39-6    2.  The invoice must authorize transportation and use of the birds.

39-7    3.  Within 1 week thereafter, the licensee or his agent shall mail,

39-8  postpaid, a duplicate of the invoice to the [division.] department.

39-9    Sec. 109.  NRS 504.360 is hereby amended to read as follows:

39-10  504.360  Every licensee of a commercial or private shooting preserve

39-11  under this chapter shall keep records and make an annual report to the

39-12  [division] department of the number of birds released and the number of

39-13  birds killed on the preserve. The report must be verified by the affidavit of

39-14  the licensee or his agent. The record must be continuous and kept on the

39-15  premises described in the application for license, and the licensee shall

39-16  allow any person authorized to enforce the provisions of this Title to enter

39-17  such premises and inspect his operations and records at all reasonable

39-18  hours.

39-19  Sec. 110.  NRS 504.390 is hereby amended to read as follows:

39-20  504.390  1.  As used in this section, unless the context requires

39-21  otherwise, “guide” means to assist another person in hunting wild

39-22  mammals or wild birds and fishing and includes the transporting of another

39-23  person or his equipment to hunting and fishing locations within a general

39-24  hunting and fishing area whether or not the guide determines the

39-25  destination or course of travel.

39-26  2.  Every person who provides guide service for compensation or

39-27  provides guide service as an incidental service to customers of any

39-28  commercial enterprise, whether a direct fee is charged for the guide service

39-29  or not, shall obtain a master guide license from the [division.] department.

39-30  Such a license must not be issued to any person who has not reached 21

39-31  years of age.

39-32  3.  Each person who assists a person who is required to have a master

39-33  guide license and acts as a guide in the course of that activity shall obtain a

39-34  subguide license from the [division.] department. Such a license must not

39-35  be issued to any person who has not reached 18 years of age.

39-36  4.  Fees for master guide and subguide licenses must be as provided in

39-37  NRS 502.240.

39-38  5.  Any person who desires a master guide license must apply for the

39-39  license on a form prescribed and furnished by the [division.] department.

39-40  The application must contain the social security number of the applicant

39-41  and such other information as the commission may require by regulation. If

39-42  that person was not licensed as a master guide during the previous

39-43  licensing year, his application must be accompanied by a fee of $500,

39-44  which is not refundable.

39-45  6.  Any person who desires a subguide license must apply for the

39-46  license on a form prescribed and furnished by the [division.] department.

39-47  7.  If the holder of a master guide license operates with pack or riding

39-48  animals, he shall also have a grazing or special use permit if he operates in

39-49  any area where such a permit is required.

40-1    8.  The holder of a master guide license shall maintain records of the

40-2  number of hunters and fishermen served, and any other information which

40-3  the [division] department may require concerning fish and game taken by

40-4  such persons. Such information must be furnished to the [division]

40-5  department on request.

40-6    9.  If any licensee under this section, or person served by a licensee, is

40-7  convicted of a violation of any provision of this Title or chapter 488 of

40-8  NRS, the commission may revoke the license of the licensee and may

40-9  refuse issuance of another license to the licensee for a period not to exceed

40-10  5 years.

40-11  10.  The commission may adopt regulations covering the conduct and

40-12  operation of a guide service.

40-13  11.  The [division] department may issue master guide and subguide

40-14  licenses to be valid only in certain districts in such a manner as may be

40-15  determined by the regulations of the commission.

40-16  Sec. 111.  NRS 504.393 is hereby amended to read as follows:

40-17  504.393  The [division] department shall, upon request of the welfare

40-18  division of the department of human resources, submit to the welfare

40-19  division the name, address and social security number of each person who

40-20  holds a master guide license or subguide license and any pertinent changes

40-21  in that information.

40-22  Sec. 112.  NRS 504.398 is hereby amended to read as follows:

40-23  504.398  1.  If the [division] department receives a copy of a court

40-24  order issued pursuant to NRS 425.540 that provides for the suspension of

40-25  all professional, occupational and recreational licenses, certificates and

40-26  permits issued to a person who is the holder of a master guide license or

40-27  subguide license, the [division] department shall deem the license issued to

40-28  that person to be suspended at the end of the 30th day after the date on

40-29  which the court order was issued unless the [division] department receives

40-30  a letter issued to the holder of the license by the district attorney or other

40-31  public agency pursuant to NRS 425.550 stating that the holder of the

40-32  license has complied with the subpoena or warrant or has satisfied the

40-33  arrearage pursuant to NRS 425.560.

40-34  2.  The [division] department shall reinstate a master guide license or

40-35  subguide license that has been suspended by a district court pursuant to

40-36  NRS 425.540 if the [division] department receives a letter issued by the

40-37  district attorney or other public agency pursuant to NRS 425.550 to the

40-38  person whose license was suspended stating that the person whose license

40-39  was suspended has complied with the subpoena or warrant or has satisfied

40-40  the arrearage pursuant to NRS 425.560.

40-41  Sec. 113.  NRS 505.025 is hereby amended to read as follows:

40-42  505.025  The [division] department shall, upon request of the welfare

40-43  division of the department of human resources, submit to the welfare

40-44  division the name, address and social security number of each person who

40-45  holds a fur dealer’s license and any pertinent changes in that information.

40-46  Sec. 114.  NRS 505.035 is hereby amended to read as follows:

40-47  505.035  1.  If the [division] department receives a copy of a court

40-48  order issued pursuant to NRS 425.540 that provides for the suspension of

40-49  all professional, occupational and recreational licenses, certificates and

41-1  permits issued to a person who is the holder of a fur dealer’s license, the

41-2  [division] department shall deem the license issued to that person to be

41-3  suspended at the end of the 30th day after the date on which the court order

41-4  was issued unless the [division] department receives a letter issued to the

41-5  holder of the license by the district attorney or other public agency

41-6  pursuant to NRS 425.550 stating that the holder of the license has complied

41-7  with the subpoena or warrant or has satisfied the arrearage pursuant to NRS

41-8  425.560.

41-9    2.  The [division] department shall reinstate a fur dealer’s license that

41-10  has been suspended by a district court pursuant to NRS 425.540 if the

41-11  [division] department receives a letter issued by the district attorney or

41-12  other public agency pursuant to NRS 425.550 to the person whose license

41-13  was suspended stating that the person whose license was suspended has

41-14  complied with the subpoena or warrant or has satisfied the arrearage

41-15  pursuant to NRS 425.560.

41-16  Sec. 115.  NRS 506.020 is hereby amended to read as follows:

41-17  506.020  The [administrator of the division of wildlife of the state

41-18  department of conservation and natural resources] director shall appoint a

41-19  person to serve on the board of compact administrators as the compact

41-20  administrator for this state as required by section 1 of article VII of the

41-21  Wildlife Violators Compact.

41-22  Sec. 116.  NRS 62.229 is hereby amended to read as follows:

41-23  62.229  In addition to the options set forth in NRS 62.211 and 62.213

41-24  and the requirements of NRS 62.228, if a child is adjudicated delinquent

41-25  pursuant to paragraph (b) of subsection 1 of NRS 62.040 because he

41-26  handled or possessed a firearm or had a firearm under his control in

41-27  violation of NRS 202.300, the court shall order that any license to hunt

41-28  issued to the child pursuant to chapter 502 of NRS must be revoked by the

41-29  [division of wildlife of the state] department of [conservation and natural

41-30  resources] wildlife and that the child shall not receive a license to hunt

41-31  within the 2 years following the date of the order or until he is 18 years of

41-32  age, whichever is later. The judge shall require the child to surrender to the

41-33  court any license to hunt then held by the child. The court shall, within 5

41-34  days after issuing the order, forward to the [division] department of

41-35  wildlife any license to hunt surrendered by the child, together with a copy

41-36  of the order.

41-37  Sec. 117.  NRS 232.090 is hereby amended to read as follows:

41-38  232.090  1.  The department consists of the director and the following

41-39  divisions:

41-40  (a) The division of water resources.

41-41  (b) The division of state lands.

41-42  (c) The division of forestry.

41-43  (d) The division of state parks.

41-44  (e) The division of conservation districts.

41-45  (f) The division of environmental protection.

41-46  (g) The division of water planning.

41-47  (h) [The division of wildlife.

41-48  (i)] Such other divisions as the director may from time to time establish.

42-1    2.  The state environmental commission, the state conservation

42-2  commission, the commission for the preservation of wild horses, the

42-3  Nevada natural heritage program and the board to review claims are within

42-4  the department.

42-5    Sec. 118.  NRS 242.131 is hereby amended to read as follows:

42-6    242.131  1.  The department shall provide state agencies and elected

42-7  state officers with all their required design of information systems. All

42-8  agencies and officers must use those services and equipment, except as

42-9  otherwise provided in subsection 2.

42-10  2.  The following agencies may negotiate with the department for its

42-11  services or the use of its equipment, subject to the provisions of this

42-12  chapter, and the department shall provide those services and the use of that

42-13  equipment as may be mutually agreed:

42-14  (a) The court administrator;

42-15  (b) The department of motor vehicles and public safety;

42-16  (c) The department of transportation;

42-17  (d) The employment security division of the department of employment,

42-18  training and rehabilitation;

42-19  (e) The [division of wildlife of the state] department of [conservation

42-20  and natural resources;] wildlife;

42-21  (f) The legislative counsel bureau;

42-22  (g) The state controller;

42-23  (h) The state gaming control board and Nevada gaming commission;

42-24  and

42-25  (i) The University and Community College System of Nevada.

42-26  3.  Any state agency or elected state officer who uses the services of the

42-27  department and desires to withdraw substantially from that use must apply

42-28  to the director for approval. The application must set forth justification for

42-29  the withdrawal. If the director denies the application, the agency or officer

42-30  must:

42-31  (a) If the legislature is in regular or special session, obtain the approval

42-32  of the legislature by concurrent resolution.

42-33  (b) If the legislature is not in regular or special session, obtain the

42-34  approval of the interim finance committee. The director shall, within 45

42-35  days after receipt of the application, forward the application together with

42-36  his recommendation for approval or denial to the interim finance

42-37  committee. The interim finance committee has 45 days after the application

42-38  and recommendation are submitted to its secretary within which to

42-39  consider the application. Any application which is not considered by the

42-40  committee within the 45-day period shall be deemed approved.

42-41  4.  If the demand for services or use of equipment exceeds the

42-42  capability of the department to provide them, the department may contract

42-43  with other agencies or independent contractors to furnish the required

42-44  services or use of equipment and is responsible for the administration of

42-45  the contracts.

42-46  Sec. 119.  NRS 321.385 is hereby amended to read as follows:

42-47  321.385  The state land registrar, after consultation with the division of

42-48  forestry of the state department of conservation and natural resources, may:

43-1    1.  Sell timber from any land owned by the State of Nevada which is

43-2  not assigned to the [division of wildlife of the state] department of

43-3  [conservation and natural resources.] wildlife.

43-4    2.  At the request of the [administrator] director of the [division of

43-5  wildlife of the state] department of [conservation and natural resources,]

43-6  wildlife, sell timber from any land owned by the State of Nevada which is

43-7  assigned to the [division of wildlife.] department of wildlife. Revenues

43-8  from the sale of such timber must be deposited with the state treasurer for

43-9  credit to the wildlife account in the state general fund.

43-10  Sec. 120.  NRS 331.165 is hereby amended to read as follows:

43-11  331.165  1.  The Marlette Lake water system advisory committee is

43-12  hereby created to be composed of:

43-13  (a) One member appointed by the [administrator] director of the

43-14  [division of wildlife of the state] department of [conservation and natural

43-15  resources.] wildlife.

43-16  (b) One member appointed by the administrator of the division of state

43-17  parks.

43-18  (c) Three members from the state legislature, including at least one

43-19  member of the senate and one member of the assembly, appointed by the

43-20  legislative commission.

43-21  (d) One member from the staff of the legislative counsel bureau

43-22  appointed by the legislative commission. The member so appointed shall

43-23  serve as a nonvoting member of the advisory committee.

43-24  (e) One member appointed by the state forester firewarden.

43-25  (f) One member appointed by the department of administration.

43-26  2.  The voting members of the advisory committee shall select one of

43-27  the legislative members of the advisory committee as chairman and one as

43-28  vice chairman. After the initial selection of a chairman and vice chairman,

43-29  each such officer serves a term of 2 years beginning on July 1 of each odd-

43-30  numbered year. If a vacancy occurs in the chairmanship or vice

43-31  chairmanship, the person appointed to succeed that officer shall serve for

43-32  the remainder of the unexpired term.

43-33  3.  The director of the legislative counsel bureau shall provide a

43-34  secretary for the advisory committee.

43-35  4.  Members of the advisory committee serve at the pleasure of their

43-36  respective appointing authorities.

43-37  5.  The advisory committee may make recommendations to the

43-38  legislative commission, the interim finance committee, the department of

43-39  administration, the state department of conservation and natural resources ,

43-40  and the governor concerning any matters relating to the Marlette Lake

43-41  water system or any part thereof.

43-42  Sec. 121.  NRS 353.250 is hereby amended to read as follows:

43-43  353.250  1.  The state treasurer shall designate the financial

43-44  institutions into which money received by a state officer, department or

43-45  commission must be deposited.

43-46  2.  Except as otherwise provided in subsections 3 and 4, every state

43-47  officer, department or commission which receives or which may receive

43-48  any money of the State of Nevada or for its use and benefit shall deposit on

43-49  Thursday of each week, in a financial institution designated by the state

44-1  treasurer to the credit of the state treasurer’s account, all money received

44-2  by that officer, department or commission during the previous week.

44-3    3.  Except as otherwise provided in subsection 4, if on any day the

44-4  money accumulated for deposit is $10,000 or more, a deposit must be made

44-5  not later than the next working day.

44-6    4.  If the [division of wildlife of the state] department of [conservation

44-7  and natural resources] wildlife accumulates for deposit $10,000 or more on

44-8  any day, the money must be deposited within 10 working days.

44-9    5.  Every officer, department or commission which is required to

44-10  deposit money with the state treasurer shall comply with that requirement

44-11  by depositing the money in a financial institution designated by the state

44-12  treasurer to the credit of the state treasurer’s account.

44-13  6.  Every officer, head of any department or commissioner who fails to

44-14  comply with the provisions of this section is guilty of a misdemeanor in

44-15  office.

44-16  7.  As used in this section, “financial institution” means a bank, savings

44-17  and loan association, thrift company or credit union regulated pursuant to

44-18  Title 55 or 56 of NRS.         

44-19  Sec. 122.  NRS 361.055 is hereby amended to read as follows:

44-20  361.055  1.  All lands and other property owned by the state are

44-21  exempt from taxation, except real property acquired by the State of Nevada

44-22  and assigned to the [division of wildlife of the state] department of

44-23  [conservation and natural resources] wildlife which is or was subject to

44-24  taxation under the provisions of this chapter at the time of acquisition.

44-25  2.  In lieu of payment of taxes on each parcel of real property acquired

44-26  by it which is subject to assessment and taxation pursuant to subsection 1,

44-27  the [division of wildlife of the state] department of [conservation and

44-28  natural resources] wildlife shall make annual payment to the county tax

44-29  receiver of the county wherein each such parcel of real property is located

44-30  of an amount equal to the total taxes levied and assessed against each such

44-31  parcel of real property in the year in which title to it was acquired by the

44-32  State of Nevada.

44-33  3.  Such payments in lieu of taxes must be collected and accounted for

44-34  in the same manner as taxes levied and assessed against real property

44-35  pursuant to this chapter are collected and accounted for.

44-36  4.  Money received pursuant to this section must be apportioned each

44-37  year to the counties, school districts and cities wherein each such parcel of

44-38  real property is located in the proportion that the tax rate of each such

44-39  political subdivision bears to the total combined tax rate in effect for that

44-40  year.

44-41  Sec. 123.  NRS 365.535 is hereby amended to read as follows:

44-42  365.535  1.  It is declared to be the policy of the State of Nevada to

44-43  apply the tax on motor vehicle fuel paid on fuel used in watercraft for

44-44  recreational purposes during each calendar year, which is hereby declared

44-45  to be not refundable to the consumer, for the improvement of boating and

44-46  the improvement, operation and maintenance of other outdoor recreational

44-47  facilities associated with boating and for the payment of the costs incurred,

44-48  in part, for the administration and enforcement of the provisions of chapter

44-49  488 of NRS.

45-1    2.  The amount of excise taxes paid on all motor vehicle fuel used in

45-2  watercraft for recreational purposes must be determined annually by the

45-3  department by use of the following formula:

45-4    (a) Multiplying the total boats with motors registered the previous

45-5  calendar year, pursuant to provisions of chapter 488 of NRS, times 220.76

45-6  gallons average fuel purchased per boat;

45-7    (b) Adding 566,771 gallons of fuel purchased by out-of-state boaters as

45-8  determined through a study conducted during 1969-1970 by the division of

45-9  agricultural and resource economics, Max C. Fleischmann College of

45-10  Agriculture, University of Nevada, Reno; and

45-11  (c) Multiplying the total gallons determined by adding the total obtained

45-12  under paragraph (a) to the figure in paragraph (b) times the rate of tax, per

45-13  gallon, imposed on motor vehicle fuel used in watercraft for recreational

45-14  purposes, less the percentage of the tax authorized to be deducted by the

45-15  supplier pursuant to NRS 365.330.

45-16  3.  The [division of wildlife of the state] department of [conservation

45-17  and natural resources] wildlife shall submit annually to the department, on

45-18  or before April 1, the number of boats with motors registered in the

45-19  previous calendar year. On or before June 1, the department, using that

45-20  data, shall compute the amount of excise taxes paid on all motor vehicle

45-21  fuel used in watercraft for recreational purposes based on the formula set

45-22  forth in subsection 2, and shall certify the ratio for apportionment and

45-23  distribution, in writing, to the [division of wildlife of the state] department

45-24  of [conservation and natural resources] wildlife and to the division of state

45-25  parks of the state department of conservation and natural resources for the

45-26  next fiscal year.

45-27  4.  In each fiscal year, the state treasurer shall, upon receipt of the tax

45-28  money from the department collected pursuant to the provisions of NRS

45-29  365.175 to 365.190, inclusive, allocate the amount determined pursuant to

45-30  subsection 2, in proportions directed by the legislature, to:

45-31  (a) The wildlife account in the state general fund. This money may be

45-32  expended only for the administration and enforcement of the provisions of

45-33  chapter 488 of NRS and for the improvement, operation and maintenance

45-34  of boating facilities and other outdoor recreational facilities associated with

45-35  boating on state-owned wildlife management areas. Any of this money

45-36  declared by the [division of wildlife of the state] department of

45-37  [conservation and natural resources] wildlife to be in excess of its

45-38  immediate requirements for these purposes may be transferred to the credit

45-39  of the parks marina development fund for use by the division of state parks

45-40  of the state department of conservation and natural resources in accordance

45-41  with the provisions of paragraph (b).

45-42  (b) The parks marina development fund which is hereby created as a

45-43  special revenue fund for use by the division of state parks of the state

45-44  department of conservation and natural resources. All money so deposited

45-45  to the credit of the division of state parks may be expended only as

45-46  authorized by the legislature for the improvement, operation and

45-47  maintenance of boating facilities and other outdoor recreational facilities

45-48  associated with boating.

46-1    5.  Money that the state treasurer is required to allocate pursuant to the

46-2  provisions of subsection 4 may be paid quarterly or oftener if convenient to

46-3  the state treasurer.

46-4    Sec. 124.  NRS 425.500 is hereby amended to read as follows:

46-5    425.500  As used in NRS 425.500 to 425.560, inclusive, unless the

46-6  context otherwise requires, “agency that issues a professional, occupational

46-7  or recreational license, certificate or permit” means the [division of wildlife

46-8  of the state] department of [conservation and natural resources] wildlife

46-9  and any officer, agency, board or commission of this state which is

46-10  prohibited by specific statute from issuing or renewing a license, certificate

46-11  or permit unless the applicant for the issuance or renewal of that license,

46-12  certificate or permit submits to the officer, agency, board or commission

46-13  the statement prescribed by the [welfare] division pursuant to NRS

46-14  425.520.

46-15  Sec. 125.  NRS 425.520 is hereby amended to read as follows:

46-16  425.520  1.  The [welfare] division shall prescribe, by regulation, a

46-17  statement which must be submitted to an agency that issues a professional,

46-18  occupational or recreational license, certificate or permit, other than the

46-19  [division of wildlife of the state] department of [conservation and natural

46-20  resources,] wildlife, by an applicant for the issuance or renewal of such a

46-21  license, certificate or permit.

46-22  2.  The statement prescribed pursuant to subsection 1 must:

46-23  (a) Provide the applicant with an opportunity to indicate that:

46-24     (1) He is not subject to a court order for the support of a child;

46-25     (2) He is subject to a court order for the support of one or more

46-26  children and is in compliance with the order or is in compliance with a plan

46-27  approved by the district attorney or other public agency enforcing the order

46-28  for the repayment of the amount owed pursuant to the order; or

46-29     (3) He is subject to a court order for the support of one or more

46-30  children and is not in compliance with the order or a plan approved by the

46-31  district attorney or other public agency enforcing the order for the

46-32  repayment of the amount owed pursuant to the order;

46-33  (b) Include a statement that the application for the issuance or renewal

46-34  of the license, certificate or permit will be denied if the applicant does not

46-35  indicate on the statement which of the provisions of paragraph (a) applies

46-36  to the applicant; and

46-37  (c) Include a space for the signature of the applicant.

46-38  Sec. 126.  NRS 425.540 is hereby amended to read as follows:

46-39  425.540  1.  If a master enters a recommendation determining that a

46-40  person:

46-41  (a) Has failed to comply with a subpoena or warrant relating to a

46-42  proceeding to determine the paternity of a child or to establish or enforce

46-43  an obligation for the support of a child; or

46-44  (b) Is in arrears in the payment for the support of one or more
children,

46-45  and the district court issues an order approving the recommendation of the

46-46  master, the court shall provide a copy of the order to all agencies that issue

46-47  professional, occupational or recreational licenses, certificates or permits.

47-1    2.  A court order issued pursuant to subsection 1 must provide that if

47-2  the person named in the order does not, within 30 days after the date on

47-3  which the order is issued, submit to any agency that has issued a

47-4  professional, occupational or recreational license, certificate or permit to

47-5  that person a letter from the district attorney or other public agency stating

47-6  that the person has complied with the subpoena or warrant or has satisfied

47-7  the arrearage pursuant to NRS 425.560, the professional, occupational or

47-8  recreational licenses issued to the person by that agency will be

47-9  automatically suspended. Such an order must not apply to a license,

47-10  certificate or permit issued by the [division of wildlife of the state]

47-11  department of [conservation and natural resources] wildlife or the state land

47-12  registrar if that license, certificate or permit expires less than 6 months

47-13  after it is issued.

47-14  3.  If a court issues an order pursuant to subsection 1, the district

47-15  attorney or other public agency shall send a notice by first-class mail to the

47-16  person who is subject to the order. The notice must include:

47-17  (a) If the person has failed to comply with a subpoena or warrant, a

47-18  copy of the court order and a copy of the subpoena or warrant; or

47-19  (b) If the person is in arrears in the payment for the support of one or

47-20  more children:

47-21     (1) A copy of the court order;

47-22     (2) A statement of the amount of the arrearage; and

47-23     (3) A statement of the action that the person may take to satisfy the

47-24  arrearage pursuant to NRS 425.560.

47-25  Sec. 127.  NRS 432B.610 is hereby amended to read as follows:

47-26  432B.610  1.  The peace officers’ standards and training commission

47-27  shall:

47-28  (a) Require each category I peace officer to complete a program of

47-29  training for the detection and investigation of and response to cases of

47-30  sexual abuse or sexual exploitation of children under the age of 18 years.

47-31  (b) Not certify any person as a category I peace officer unless he has

47-32  completed the program of training required pursuant to paragraph (a).

47-33  (c) Establish a program to provide the training required pursuant to

47-34  paragraph (a).

47-35  (d) Adopt regulations necessary to carry out the provisions of this

47-36  section.

47-37  2.  As used in this section, “category I peace officer” means:

47-38  (a) Sheriffs of counties and of metropolitan police departments, their

47-39  deputies and correctional officers;

47-40  (b) Personnel of the Nevada highway patrol appointed to exercise the

47-41  police powers specified in NRS 481.150 and 481.180;

47-42  (c) Marshals, policemen and correctional officers of cities and towns;

47-43  (d) Members of the police department of the University and Community

47-44  College System of Nevada;

47-45  (e) Employees of the division of state parks of the state department of

47-46  conservation and natural resources designated by the administrator of the

47-47  division who exercise police powers specified in NRS 289.260;

47-48  (f) The chief, investigators and agents of the investigation division of

47-49  the department of motor vehicles and public safety; and

48-1    (g) The personnel of the [division of wildlife of the state] department of

48-2  [conservation and natural resources] wildlife who exercise those powers of

48-3  enforcement conferred by Title 45 and chapter 488 of NRS.

48-4    Sec. 128.  NRS 445A.615 is hereby amended to read as follows:

48-5    445A.615  1.  The director may [authorize the division of wildlife of]

48-6  issue a permit to the department of wildlife to kill fish through the use of

48-7  toxicants.

48-8    2.  The [director shall] permit must indicate the terms and conditions

48-9  under which the use of toxicants may take place.

48-10  Sec. 129.  NRS 445B.200 is hereby amended to read as follows:

48-11  445B.200  1.  The state environmental commission is hereby created

48-12  within the state department of conservation and natural resources. The

48-13  commission consists of:

48-14  (a) The [administrator of the division of wildlife] director of the

48-15  department[;] of wildlife;

48-16  (b) The state forester firewarden;

48-17  (c) The state engineer;

48-18  (d) The director of the state department of agriculture;

48-19  (e) The administrator of the division of minerals of the commission on

48-20  mineral resources;

48-21  (f) A member of the state board of health to be designated by that board;

48-22  and

48-23  (g) Five members appointed by the governor, one of whom is a general

48-24  engineering contractor or a general building contractor licensed pursuant to

48-25  chapter 624 of NRS and one of whom possesses expertise in performing

48-26  mining reclamation.

48-27  2.  The governor shall appoint the chairman of the commission from

48-28  among the members of the commission.

48-29  3.  A majority of the members constitutes a quorum, and a majority of

48-30  those present must concur in any decision.

48-31  4.  Each member who is appointed by the governor is entitled to

48-32  receive a salary of not more than $80, as fixed by the commission, for each

48-33  day’s attendance at a meeting of the commission.

48-34  5.  While engaged in the business of the commission, each member and

48-35  employee of the commission is entitled to receive the per diem allowance

48-36  and travel expenses provided for state officers and employees generally.

48-37  6.  Any person who receives or has received during the previous 2

48-38  years a significant portion of his income, as defined by any applicable state

48-39  or federal law, directly or indirectly from one or more holders of or

48-40  applicants for a permit required by NRS 445A.300 to 445A.730, inclusive,

48-41  is disqualified from serving as a member of the commission. The

48-42  provisions of this subsection do not apply to any person who receives or

48-43  has received during the previous 2 years, a significant portion of his

48-44  income from any department or agency of state government which is a

48-45  holder of or an applicant for a permit required by NRS 445A.300 to

48-46  445A.730, inclusive.

48-47  7.  The state department of conservation and natural resources shall

48-48  provide technical advice, support and assistance to the commission. All

48-49  state officers, departments, commissions and agencies, including the

49-1  department of transportation, the department of human resources, the

49-2  University and Community College System of Nevada, the state public

49-3  works board, the department of motor vehicles and public safety, the public

49-4  utilities commission of Nevada, the transportation services authority and

49-5  the state department of agriculture may also provide technical advice,

49-6  support and assistance to the commission.

49-7    Sec. 130.  NRS 482.368 is hereby amended to read as follows:

49-8    482.368  1.  Except as otherwise provided in subsection 2, the

49-9  department shall provide suitable distinguishing license plates for exempt

49-10  vehicles. These plates must be displayed on the vehicles in the same

49-11  manner as provided for privately owned vehicles. The fee for the issuance

49-12  of the plates is $5. Any license plates authorized by this section must be

49-13  immediately returned to the department when the vehicle for which they

49-14  were issued ceases to be used exclusively for the purpose for which it was

49-15  exempted from the privilege tax.

49-16  2.  License plates furnished for:

49-17  (a) Those vehicles which are maintained for and used by the governor

49-18  or under the authority and direction of the chief parole and probation

49-19  officer, the state contractors’ board and auditors, the state fire marshal, the

49-20  investigation division of the department and any authorized federal law

49-21  enforcement agency or law enforcement agency from another state;

49-22  (b) One vehicle used by the department of prisons, three vehicles used

49-23  by the [division of wildlife of the state] department of [conservation and

49-24  natural resources,] wildlife, two vehicles used by the Caliente youth center

49-25  and four vehicles used by the Nevada youth training center;

49-26  (c) Vehicles of a city, county or the state, if authorized by the

49-27  department for the purposes of law enforcement or work related thereto or

49-28  such other purposes as are approved upon proper application and

49-29  justification; and

49-30  (d) Vehicles maintained for and used by investigators of the following:

49-31     (1) The state gaming control board;

49-32     (2) The state department of agriculture;

49-33     (3) The attorney general;

49-34     (4) City or county juvenile officers;

49-35     (5) District attorneys’ offices;

49-36     (6) Public administrators’ offices;

49-37     (7) Public guardians’ offices;

49-38     (8) Sheriffs’ offices;

49-39     (9) Police departments in the state; and

49-40     (10) The securities division of the office of the secretary of
state,

49-41  must not bear any distinguishing mark which would serve to identify the

49-42  vehicles as owned by the state, county or city. These license plates must be

49-43  issued annually for $12 per plate or, if issued in sets, per set.

49-44  3.  The director may enter into agreements with departments of motor

49-45  vehicles of other states providing for exchanges of license plates of regular

49-46  series for vehicles maintained for and used by investigators of the law

49-47  enforcement agencies enumerated in paragraph (d) of subsection 2, subject

50-1  to all of the requirements imposed by that paragraph, except that the fee

50-2  required by that paragraph must not be charged.

50-3    4.  Applications for the licenses must be made through the head of the

50-4  department, board, bureau, commission, school district or irrigation

50-5  district, or through the chairman of the board of county commissioners of

50-6  the county or town or through the mayor of the city, owning or controlling

50-7  the vehicles, and no plate or plates may be issued until a certificate has

50-8  been filed with the department showing that the name of the department,

50-9  board, bureau, commission, county, city, town, school district or irrigation

50-10  district, as the case may be, and the words “For Official Use Only” have

50-11  been permanently and legibly affixed to each side of the vehicle, except

50-12  those vehicles enumerated in subsection 2.

50-13  5.  As used in this section, “exempt vehicle” means a vehicle exempt

50-14  from the privilege tax, except a vehicle owned by the United States.

50-15  6.  The department shall adopt regulations governing the use of all

50-16  license plates provided for in this section. Upon a finding by the

50-17  department of any violation of its regulations, it may revoke the violator’s

50-18  privilege of registering vehicles pursuant to this section.

50-19  Sec. 131.  NRS 488.035 is hereby amended to read as follows:

50-20  488.035  As used in this chapter, unless the context otherwise requires:

50-21  1.  “Commission” means the board of wildlife commissioners.

50-22  2.  “Department” means the department of wildlife.

50-23  3. “Flat wake” means the condition of the water close astern a moving

50-24  vessel that results in a flat wave disturbance.

50-25  [3.] 4. “Legal owner” means a secured party under a security

50-26  agreement relating to a vessel or a renter or lessor of a vessel to the state or

50-27  any political subdivision of the state under a lease or an agreement to lease

50-28  and sell or to rent and purchase which grants possession of the vessel to the

50-29  lessee for a period of 30 consecutive days or more.

50-30  [4.] 5. “Motorboat” means any vessel propelled by machinery,

50-31  whether or not the machinery is the principal source of propulsion.

50-32  [5.] 6. “Operate” means to navigate or otherwise use a motorboat or a

50-33  vessel.

50-34  [6.] 7. “Owner” means:

50-35  (a) A person having all the incidents of ownership, including the legal

50-36  title of a vessel, whether or not he lends, rents or pledges the vessel; and

50-37  (b) A debtor under a security agreement relating to a vessel.

50-38  “Owner” does not include a person defined as a “legal owner” under

50-39  subsection [3.] 4.

50-40  [7.] 8. “Prohibited substance” has the meaning ascribed to it in NRS

50-41  484.1245.

50-42  [8.] 9. “Registered owner” means the person registered by the

50-43  commission as the owner of a vessel.

50-44  [9.] 10. A vessel is “under way” if it is adrift, making way[,] or being

50-45  propelled, and is not aground, made fast to the shore, or tied or made fast to

50-46  a dock or mooring.

50-47  [10.] 11. “Vessel” means every description of watercraft, other than a

50-48  seaplane on the water, used or capable of being used as a means of

50-49  transportation on water.

51-1    [11.] 12. “Waters of this state” means any waters within the territorial

51-2  limits of this state.

51-3    Sec. 132.  NRS 488.065 is hereby amended to read as follows:

51-4    488.065  1.  Every motorboat on the waters of this state must be

51-5  numbered and titled, except as otherwise provided in subsection 4 and NRS

51-6  488.175.

51-7    2.  Upon receipt of an original application for a certificate of ownership

51-8  or for transfer of a certificate of ownership on an undocumented motorboat,

51-9  the [division of wildlife of the state department of conservation and natural

51-10  resources] department may assign an appropriate builder’s hull number to

51-11  the motorboat whenever there is no builder’s number thereon, or when the

51-12  builder’s number has been destroyed or obliterated. The builder’s number

51-13  must be permanently marked on an integral part of the hull which is

51-14  accessible for inspection.

51-15  3.  A person shall not operate or give permission for the operation of

51-16  any motorboat on the waters of this state unless:

51-17  (a) The motorboat is numbered in accordance with the provisions of this

51-18  chapter, with applicable federal law or with the federally approved

51-19  numbering system of another state;

51-20  (b) The certificate of number awarded to the motorboat is in effect;

51-21  (c) The identifying number set forth in the certificate of number is

51-22  displayed on each side of the bow of the motorboat; and

51-23  (d) A valid certificate of ownership has been issued to the owner of any

51-24  motorboat required to be numbered under this chapter.

51-25  4.  Any person who purchases or otherwise owns a motorboat before

51-26  January 1, 1972, is not required to obtain title for the motorboat until he

51-27  transfers any portion of his ownership in the motorboat to another person.

51-28  Sec. 133.  NRS 488.075 is hereby amended to read as follows:

51-29  488.075  1.  The owner of each motorboat requiring numbering by

51-30  this state shall file an application for a number and for a certificate of

51-31  ownership with the [division of wildlife of the state department of

51-32  conservation and natural resources] department on forms approved by it

51-33  accompanied by:

51-34  (a) Proof of payment of Nevada sales or use tax as evidenced by proof

51-35  of sale by a Nevada dealer or by a certificate of use tax paid issued by the

51-36  department of taxation, or by proof of exemption from those taxes as

51-37  provided in NRS 372.320.

51-38  (b) Such evidence of ownership as the [division of wildlife] department

51-39  may require.

51-40  The [division of wildlife] department shall not issue a number, a certificate

51-41  of number or a certificate of ownership until this evidence is presented to

51-42  it.

51-43  2.  The application must be signed by the owner of the motorboat and

51-44  must be accompanied by a fee of $15 for the certificate of ownership and a

51-45  fee according to the following schedule as determined by the straight line

51-46  length which is measured from the tip of the bow to the back of the

51-47  transom of the motorboat:

51-48     Less than 13 feet......................................... $10

51-49     13 feet or more but less than 18 feet.............. 15

52-1      18 feet or more but less than 22 feet.............. 30

52-2      22 feet or more but less than 26 feet.............. 45

52-3      26 feet or more but less than 31 feet.............. 60

52-4      31 feet or more ............................................ 75

52-5  Except as otherwise provided in this subsection, all fees received by the

52-6  [division of wildlife] department under the provisions of this chapter must

52-7  be deposited in the wildlife account in the state general fund and may be

52-8  expended only for the administration and enforcement of the provisions of

52-9  this chapter. On or before December 31 of each year, the [division of

52-10  wildlife] department shall deposit with the respective county school

52-11  districts 50 percent of each fee collected according to the motorboat’s

52-12  length for every motorboat registered from their respective counties. Upon

52-13  receipt of the application in approved form, the [division of wildlife]

52-14  department shall enter the application upon the records of its office and

52-15  issue to the applicant a certificate of number stating the number awarded to

52-16  the motorboat, a certificate of ownership stating the same information and

52-17  the name and address of the registered owner and the legal owner.

52-18  3.  A certificate of number may be renewed each year by the purchase

52-19  of a validation decal. The fee for a validation decal is determined by the

52-20  straight line length of the motorboat and is equivalent to the fee set forth in

52-21  the schedule provided in subsection 2. The fee for issuing a duplicate

52-22  validation decal is $10.

52-23  4.  The owner shall paint on or attach to each side of the bow of the

52-24  motorboat the identification number in such manner as may be prescribed

52-25  by regulations of the commission in order that the number may be clearly

52-26  visible. The number must be maintained in legible condition.

52-27  5.  The certificate of number must be pocket size and must be available

52-28  at all times for inspection on the motorboat for which issued, whenever the

52-29  motorboat is in operation.

52-30  6.  The commission shall provide by regulation for the issuance of

52-31  numbers to manufacturers and dealers which may be used interchangeably

52-32  upon motorboats operated by the manufacturers and dealers in connection

52-33  with the demonstration, sale or exchange of those motorboats. The fee for

52-34  each such number is $15.

52-35  Sec. 134.  NRS 488.078 is hereby amended to read as follows:

52-36  488.078  The [division of wildlife of the state department of

52-37  conservation and natural resources] department shall, upon request of the

52-38  welfare division of the department of human resources, submit to the

52-39  welfare division the name, address and social security number of each

52-40  person who has been issued a certificate of number or a validation decal

52-41  and any pertinent changes in that information.

52-42  Sec. 135.  NRS 488.105 is hereby amended to read as follows:

52-43  488.105  If an agency of the United States Government has in force an

52-44  overall system of identification numbering for motorboats within the

52-45  United States, the numbering system employed pursuant to the provisions

52-46  of this chapter by the [division of wildlife of the state department of

52-47  conservation and natural resources] department must be in conformity

52-48  therewith.

 

53-1    Sec. 136.  NRS 488.115 is hereby amended to read as follows:

53-2    488.115  1.  The [division of wildlife of the state department of

53-3  conservation and natural resources] department may award any certificate

53-4  of number directly or may authorize any person to act as an agent for the

53-5  awarding thereof. If a person accepts the authorization, he may be assigned

53-6  a block of numbers and certificates therefor which upon award, in

53-7  conformity with the provisions of this chapter and with any regulations of

53-8  the commission, is valid as if awarded directly by the [division of wildlife.]

53-9  department. At the time an agent forwards the money collected to the

53-10  [division of wildlife] department, he may retain 50 cents per certificate of

53-11  number.

53-12  2.  All records of the [division of wildlife] department made or kept

53-13  pursuant to this section are public records.

53-14  Sec. 137.  NRS 488.135 is hereby amended to read as follows:

53-15  488.135  The [division of wildlife of the state department of

53-16  conservation and natural resources] department shall fix a day and month

53-17  of the year on which certificates of number due to expire during the

53-18  calendar year lapse unless renewed pursuant to the provisions of this

53-19  chapter.

53-20  Sec. 138.  NRS 488.145 is hereby amended to read as follows:

53-21  488.145  1.  The owner shall furnish the [division of wildlife of the

53-22  state department of conservation and natural resources] department notice

53-23  of the destruction or abandonment of any motorboat numbered under this

53-24  chapter, within 10 days thereof.

53-25  2.  Such destruction or abandonment terminates the certificate of

53-26  number for the motorboat.

53-27  Sec. 139.  NRS 488.155 is hereby amended to read as follows:

53-28  488.155  1.  Any holder of a certificate of number and a certificate of

53-29  ownership shall notify the [division of wildlife of the state department of

53-30  conservation and natural resources] department, within 10 days, if his

53-31  address no longer conforms to the address appearing on the certificates and

53-32  shall, as a part of the notification, furnish the [division of wildlife]

53-33  department with his new address.

53-34  2.  The commission may provide in its regulations for the surrender of

53-35  the certificates bearing the former address and its replacement with new

53-36  certificates bearing the new address or for the alteration of outstanding

53-37  certificates to show the new address of the holder.

53-38  Sec. 140.  NRS 488.171 is hereby amended to read as follows:

53-39  488.171  1.  A person shall not:

53-40  (a) Intentionally deface, destroy, remove or alter any hull number

53-41  required for a vessel without written authorization from the [division of

53-42  wildlife of the state department of conservation and natural resources;]

53-43  department; or

53-44  (b) Place or stamp any serial number upon a vessel except a number

53-45  assigned to the vessel by the [division of wildlife.] department.

53-46  2.  This section does not prohibit:

53-47  (a) The restoration of the original hull number by an owner of a vessel

53-48  when the restoration is authorized by the [division of wildlife;]

53-49  department; or

54-1    (b) Any manufacturer from placing numbers or marks in the ordinary

54-2  course of business upon new vessels or parts of vessels.

54-3    3.  The [division of wildlife] department shall, upon request, assign a

54-4  hull number to any handmade vessel.

54-5    4.  Any person who violates subsection 1 is guilty of a gross

54-6  misdemeanor.

54-7    Sec. 141.  NRS 488.175 is hereby amended to read as follows:

54-8    488.175  1.  Except as otherwise provided in subsection 2, a

54-9  motorboat need not be numbered pursuant to the provisions of this chapter

54-10  if it is:

54-11  (a) Already covered by a number in effect which has been awarded or

54-12  issued to it pursuant to federal law or a federally approved numbering

54-13  system of another state if the boat has not been on the waters of this state

54-14  for a period in excess of 90 consecutive days.

54-15  (b) A motorboat from a country other than the United States temporarily

54-16  using the waters of this state.

54-17  (c) A public vessel of the United States, a state or a political subdivision

54-18  of a state.

54-19  (d) A ship’s lifeboat.

54-20  (e) A motorboat belonging to a class of boats which has been exempted

54-21  from numbering by the [division of wildlife of the state department of

54-22  conservation and natural resources] department after the [division]

54-23  department has found:

54-24     (1) That the numbering of motorboats of that class will not materially

54-25  aid in their identification; and

54-26     (2) If an agency of the Federal Government has a numbering system

54-27  applicable to the class of motorboats to which the motorboat in question

54-28  belongs, that the motorboat would also be exempt from numbering if it

54-29  were subject to the federal law.

54-30  2.  The [division of wildlife] department may, by regulation, provide

54-31  for the issuance of exempt numbers for motorboats not required to be

54-32  registered under the provisions of this chapter.

54-33  3.  A motorboat need not be titled pursuant to the provisions of this

54-34  chapter, if it is already covered by a certificate of ownership which has

54-35  been awarded or issued to it pursuant to the title system of another state.

54-36  Sec. 142.  NRS 488.1793 is hereby amended to read as follows:

54-37  488.1793  Except as otherwise provided for the creation or transfer of a

54-38  security interest, no transfer of title to or any interest in any motorboat

54-39  required to be numbered under this chapter is effective until one of the

54-40  following conditions is fulfilled:

54-41  1.  The transferor has properly endorsed and delivered the certificate of

54-42  ownership and has delivered the certificate of number to the transferee as

54-43  provided in this chapter, and the transferee has, within the prescribed time,

54-44  delivered the documents to the [division of wildlife of the state department

54-45  of conservation and natural resources] department or placed them in the

54-46  United States mail addressed to the [division of wildlife] department with

54-47  the transfer fee.

54-48  2.  The transferor has delivered to the [division of wildlife] department

54-49  or placed in the United States mail addressed to the [division of wildlife]

55-1  department the appropriate documents for the transfer of ownership

55-2  pursuant to the sale or transfer.

55-3    Sec. 143.  NRS 488.1795 is hereby amended to read as follows:

55-4    488.1795  Upon receipt of a properly endorsed certificate of ownership

55-5  and the certificate of number of any motorboat, the transferee shall within

55-6  10 days file the certificates , accompanied by a fee of $5 , with the

55-7  [division of wildlife of the state department of conservation and natural

55-8  resources] department and thereby make application for a new certificate

55-9  of ownership and a new certificate of number.

55-10  Sec. 144.  NRS 488.1797 is hereby amended to read as follows:

55-11  488.1797  1.  Before the issuance of any certificate of ownership, the

55-12  [division of wildlife of the state department of conservation and natural

55-13  resources] department shall obtain a statement in writing signed by the

55-14  transferee or transferor, showing:

55-15  (a) The date of the sale or other transfer of ownership of the motorboat.

55-16  (b) The name and address of the seller or transferor.

55-17  (c) The name and address of the buyer or transferee.

55-18  2.  Upon receipt of the properly endorsed certificate of ownership, the

55-19  certificate of number , and the required fee and statement of information,

55-20  the [division of wildlife] department shall issue a new certificate of

55-21  ownership and a new certificate of number to the transferee. The previous

55-22  number may be reassigned to the transferee.

55-23  Sec. 145.  NRS 488.1801 is hereby amended to read as follows:

55-24  488.1801  Any owner of any motorboat numbered under this chapter

55-25  who sells or transfers his title or any interest in the motorboat shall within

55-26  10 days notify the [division of wildlife of the state department of

55-27  conservation and natural resources] department of the sale or transfer and

55-28  furnish the following information:

55-29  1.  The name and address of the legal owner and transferee; and

55-30  2.  Such description of the motorboat as may be required by the

55-31  [division of wildlife.] department.

55-32  Sec. 146.  NRS 488.1803 is hereby amended to read as follows:

55-33  488.1803  Any dealer upon transferring by sale, lease or otherwise any

55-34  motorboat, whether new or used, required to be numbered under this

55-35  chapter, shall give written notice of the transfer to the [division of wildlife

55-36  of the state department of conservation and natural resources] department

55-37  upon an appropriate form provided by it. The notice must be given within 3

55-38  days after the sale, but a dealer need not give the notice when selling or

55-39  transferring a new unnumbered motorboat to another dealer.

55-40  Sec. 147.  NRS 488.1813 is hereby amended to read as follows:

55-41  488.1813  1.  If a certificate of ownership is lost, stolen, damaged or

55-42  mutilated, an application for transfer may be made upon a form provided

55-43  by the [division of wildlife of the state department of conservation and

55-44  natural resources] department for a duplicate certificate of ownership. The

55-45  transferor shall write his signature and address in the appropriate spaces

55-46  provided upon the application and file it together with the proper fees for a

55-47  duplicate certificate of ownership and transfer.

55-48  2.  The [division of wildlife] department may receive the application

55-49  and examine into the circumstances of the case and may require the filing

56-1  of affidavits or other information, and when the [division of wildlife]

56-2  department is satisfied that the applicant is entitled to a transfer of

56-3  ownership, it may transfer the ownership of the motorboat, and issue a new

56-4  certificate of ownership[,] and certificate of number to the person found to

56-5  be entitled thereto.

56-6    Sec. 148.  NRS 488.1823 is hereby amended to read as follows:

56-7    488.1823  1.  No security interest in any motorboat required to be

56-8  numbered under this chapter, whether the number was awarded before or

56-9  after the creation of the security interest, is perfected until the secured party

56-10  or his successor or assignee has deposited with the [division of wildlife of

56-11  the state department of conservation and natural resources] department a

56-12  properly endorsed certificate of ownership to the motorboat subject to the

56-13  security interest.

56-14  2.  The certificate must show the secured party as legal owner if the

56-15  motorboat is then numbered under this chapter, or if not so numbered, the

56-16  registered owner shall file an initial application for a certificate of number

56-17  and for a certificate of ownership and the certificate of ownership issued

56-18  thereunder must contain the name and address of the legal owner.

56-19  3.  Upon compliance with subsections 1 and 2, the security interest is

56-20  perfected and the records of the [division of wildlife] department must

56-21  show the secured party or his successor or assignee as the legal owner of

56-22  the motorboat.

56-23  Sec. 149.  NRS 488.1826 is hereby amended to read as follows:

56-24  488.1826  1.  If the [division of wildlife of the state department of

56-25  conservation and natural resources] department receives a copy of a court

56-26  order issued pursuant to NRS 425.540 that provides for the suspension of

56-27  all professional, occupational and recreational licenses, certificates and

56-28  permits issued to a person who has been issued a certificate of number or a

56-29  validation decal, the [division of wildlife] department shall deem the

56-30  certificate of number or validation decal issued to that person to be

56-31  suspended at the end of the 30th day after the date on which the court order

56-32  was issued unless the [division of wildlife] department receives a letter

56-33  issued by the district attorney or other public agency pursuant to NRS

56-34  425.550 to the person who has been issued the certificate of number or

56-35  validation decal stating that the person has complied with the subpoena or

56-36  warrant or has satisfied the arrearage pursuant to NRS 425.560.

56-37  2.  The [division of wildlife] department shall reinstate a certificate of

56-38  number or validation decal that has been suspended by a district court

56-39  pursuant to NRS 425.540 if the [division of wildlife] department receives a

56-40  letter issued by the district attorney or other public agency pursuant to NRS

56-41  425.550 to the person whose certificate of number or validation decal was

56-42  suspended stating that the person whose certificate of number or validation

56-43  decal was suspended has complied with the subpoena or warrant or has

56-44  satisfied the arrearage pursuant to NRS 425.560.

56-45  Sec. 150.  NRS 488.1827 is hereby amended to read as follows:

56-46  488.1827  The [division of wildlife of the state department of

56-47  conservation and natural resources] department may suspend or revoke

56-48  any certificate of ownership, certificate of number or number of any

57-1  motorboat if it is satisfied that any such certificate or number was

57-2  fraudulently obtained, or that the appropriate fee was not paid.

57-3    Sec. 151.  NRS 488.195 is hereby amended to read as follows:

57-4    488.195  1.  The exhaust of every internal combustion engine used on

57-5  any motorboat must be effectively muffled by equipment so constructed

57-6  and used as to muffle the noise of the exhaust in a reasonable manner.

57-7    2.  The use of cutouts is prohibited.

57-8    3.  Subsections 1 and 2 do not apply to:

57-9    (a) Motorboats competing in a regatta or boat race approved as provided

57-10  in NRS 488.305;

57-11  (b) Such motorboats while on trial runs between the hours of 9 a.m. and

57-12  5 p.m. and during a period not to exceed 48 hours immediately preceding

57-13  the regatta or boat race;

57-14  (c) Such motorboats while competing in official trials for speed records

57-15  during a period not to exceed 48 hours immediately following the regatta

57-16  or boat race; or

57-17  (d) Any motorboat operating under a separate permit issued by the

57-18  [division of wildlife of the state department of conservation and natural

57-19  resources] department for tuning engines, making test or trial runs or

57-20  competing in official trials for speed records other than in connection with

57-21  regattas or boat races.

57-22  4.  The [division of wildlife] department shall issue permits for the

57-23  purposes enumerated in paragraph (a) of subsection 3, under such

57-24  conditions and restrictions as the commission determines necessary to

57-25  prevent a public nuisance and to assure the public safety. The commission

57-26  may adopt regulations to carry out the provisions of this subsection.

57-27  Sec. 152.  NRS 488.197 is hereby amended to read as follows:

57-28  488.197  1.  No vessel may be equipped with nor shall any person use

57-29  or install upon a vessel a siren, except as otherwise provided in this

57-30  chapter.

57-31  2.  Any authorized emergency vessel, when approved by the [division

57-32  of wildlife of the state department of conservation and natural resources,]

57-33  department, may be equipped with a siren capable of sound audible under

57-34  normal conditions from a distance of not less than 500 feet, but the siren

57-35  must not be used except if the vessel is operated in response to an

57-36  emergency call or in the immediate pursuit of an actual or suspected

57-37  violator of the law, in which event the operator of the vessel shall sound

57-38  the siren when necessary to warn persons of the approach thereof.

57-39  Sec. 153.  NRS 488.259 is hereby amended to read as follows:

57-40  488.259  1.  Except as otherwise provided in NRS 488.263, a person

57-41  shall not place any mooring buoy in any waters of this state, other than the

57-42  Lake Mead National Recreation Area, without a permit issued by:

57-43  (a) The division of state lands, if the mooring buoy is to be placed in

57-44  navigable waters.

57-45  (b) The [division of wildlife of the state department of conservation and

57-46  natural resources,] department, if the mooring buoy is to be placed in any

57-47  other waters.

57-48  2.  The division of state lands shall transmit a copy of each application

57-49  for a permit for the placement of a mooring buoy in the navigable waters of

58-1  this state to the [division of wildlife] department as soon as practicable

58-2  after receipt.

58-3    3.  Upon receipt of such a copy, the [division of wildlife] department

58-4  shall review the application to determine whether the placement of the

58-5  buoy is in the best interests of the state. To determine whether the

58-6  placement of a mooring buoy is in the best interests of the state, the

58-7  [division of wildlife] department may consider the likelihood that the buoy

58-8  will:

58-9    (a) Interfere with navigation.

58-10  (b) Become a hazard to persons or wildlife.

58-11  (c) Have any other detrimental effect on the body of water in which it is

58-12  placed.

58-13  4.  If the [division of wildlife] department determines that the permit

58-14  should be denied, [it] the department shall submit such a recommendation

58-15  to the division of state lands and provide a brief summary of the reason for

58-16  the recommendation within 30 days after the date on which the application

58-17  was transmitted.

58-18  5.  If the division of state lands does not receive a recommendation for

58-19  the denial of the permit from the [division of wildlife] department within

58-20  the 30-day period provided in subsection 4, the application shall be deemed

58-21  to be approved by the [division of wildlife.] department.

58-22  Sec. 154.  NRS 488.261 is hereby amended to read as follows:

58-23  488.261  1.  The [division of wildlife of the state department of

58-24  conservation and natural resources] department may issue to any person a

58-25  permit to place a mooring buoy in the nonnavigable waters of this state.

58-26  The [division of wildlife] department shall charge and collect a fee in the

58-27  amount set by the commission for each permit issued pursuant to this

58-28  subsection. Unless suspended or revoked by the [division of wildlife,]

58-29  department, a permit issued pursuant to this subsection is valid through

58-30  December 31 of the year in which it is issued. Such a permit may be

58-31  renewed annually by paying the fee set by the commission on or before

58-32  January 1 of each year.

58-33  2.  The [division of wildlife] department may issue a permit for the

58-34  temporary placement of a buoy, other than a navigational aid, for practice

58-35  courses or marine events. The [division of wildlife] department shall

58-36  charge and collect a fee in the amount set by the commission for each

58-37  permit issued pursuant to this subsection. Unless suspended or revoked by

58-38  the [division of wildlife,] department, a permit issued pursuant to this

58-39  subsection is valid for the period indicated on the face of the permit which

58-40  must not exceed 6 months.

58-41  3.  The commission shall adopt by regulation fees for:

58-42  (a) The issuance and renewal of permits for mooring buoys pursuant to

58-43  subsection 1 which must not be more than $100 for each buoy per year.

58-44  (b) The issuance of permits for the temporary placement of buoys for

58-45  practice courses or marine events pursuant to subsection 2 which must not

58-46  be more than $50 per buoy.

58-47  4.  The commission may:

58-48  (a) Adopt such regulations as are necessary to carry out the provisions

58-49  of NRS 488.257 to 488.285, inclusive; and

59-1    (b) Establish a schedule of administrative fines for the violation of those

59-2  regulations which may be assessed in addition to any criminal penalties for

59-3  the same act.

59-4    5.  The [division of wildlife] department is responsible for the

59-5  enforcement of the laws of this state governing mooring buoys and may:

59-6    (a) Revoke or suspend a permit for a mooring buoy issued pursuant to

59-7  subsection 1 or 2 or by the division of state lands if:

59-8      (1) The person responsible for the buoy fails to comply with all

59-9  applicable statutes and regulations concerning the buoy; or

59-10     (2) The buoy becomes a hazard to navigation.

59-11  (b) Remove any mooring buoy determined to be unlawfully placed.

59-12  6.  This section does not require an agency of this state or the United

59-13  States Government to obtain written authorization to place, move, remove,

59-14  destroy or tamper with buoys or navigational aids on the navigable waters

59-15  of this state.

59-16  Sec. 155.  NRS 488.285 is hereby amended to read as follows:

59-17  488.285  1.  Except as otherwise provided in subsection 2:

59-18  (a) A person shall not moor any vessel to any buoy or navigational aid

59-19  placed in any waterway by authority of the United States or any other

59-20  governmental authority, or in any manner attach a vessel to any such buoy

59-21  or navigational aid.

59-22  (b) A person shall not place, move, remove, destroy or tamper with any

59-23  buoy or other navigational aid without written authorization from the

59-24  [division of wildlife of the state department of conservation and natural

59-25  resources.] department.

59-26  2.  The provisions of subsection 1 do not apply to mooring buoys.

59-27  3.  A person who violates a provision of subsection 1 shall be punished:

59-28  (a) If no injury results from the violation, for a misdemeanor.

59-29  (b) If bodily injury or property damage in excess of $200 results from

59-30  the violation, for a gross misdemeanor.

59-31  (c) If a human death results from the violation, for a category D felony

59-32  as provided in NRS 193.130.

59-33  4.  Nothing in this section requires an agency of this state or the United

59-34  States Government to obtain written authorization to place, move, remove,

59-35  destroy or tamper with buoys or navigational aids on navigable waters of

59-36  this state.

59-37  Sec. 156.  NRS 488.291 is hereby amended to read as follows:

59-38  488.291  1.  A person shall not abandon a vessel upon a public

59-39  waterway or public or private property without the consent of the owner or

59-40  person in lawful possession or control of the property.

59-41  2.  The abandonment of any vessel in a manner prohibited by

59-42  subsection 1 is prima facie evidence that the last registered owner of

59-43  record, unless he has notified the [division of wildlife of the state

59-44  department of conservation and natural resources] department or other

59-45  appropriate agency of his relinquishment of title or interest therein, is

59-46  responsible for the abandonment. The person so responsible is liable for the

59-47  cost of removal and disposition of the vessel.

59-48  3.  A game warden, sheriff or other peace officer of this state may

59-49  remove a vessel from a public waterway when:

60-1    (a) The vessel is left unattended and is adrift, moored, docked, beached

60-2  or made fast to land in such a position as to interfere with navigation or in

60-3  such a condition as to create a hazard to other vessels using the waterway,

60-4  to public safety or to the property of another.

60-5    (b) The vessel is found upon a waterway and a report has previously

60-6  been made that the vessel has been stolen or embezzled.

60-7    (c) The person in charge of the vessel is by reason of physical injuries

60-8  or illness incapacitated to such an extent as to be unable to provide for its

60-9  custody or removal.

60-10  (d) An officer arrests a person operating or in control of the vessel for

60-11  an alleged offense, and the officer is required or permitted to take, and does

60-12  take, the person arrested before a magistrate without unnecessary delay.

60-13  (e) The vessel seriously interferes with navigation or otherwise poses a

60-14  critical and immediate danger to navigation or to the public health, safety

60-15  or welfare.

60-16  Sec. 157.  NRS 488.293 is hereby amended to read as follows:

60-17  488.293  1.  A peace officer may attempt to identify the registered

60-18  owner of a vessel abandoned on private property by inspection of the

60-19  vessel and any trailer to which it is attached and may supply the

60-20  information to the property owner. The property owner must declare by

60-21  affidavit the reasons why he believes the property to be abandoned. The

60-22  property owner must give 5 days’ notice to the last registered owner before

60-23  causing the removal of the vessel. If the last registered owner is unknown

60-24  or cannot be notified, the vessel may immediately be removed to a secure

60-25  location designated by a peace officer.

60-26  2.  A peace officer shall, within 48 hours after directing the removal of

60-27  an abandoned vessel on a public waterway or public or private property,

60-28  notify the [division of wildlife of the state department of conservation and

60-29  natural resources] department of the status of the vessel.

60-30  3.  A law enforcement agency that has custody of an abandoned vessel

60-31  shall, if the agency knows or can reasonably discover the name and address

60-32  of the owner of the vessel or any person who holds a security interest in the

60-33  vessel, notify the owner or the holder of the security interest of the location

60-34  of the vessel and the method by which the vessel may be claimed. The

60-35  notice must be sent by certified or registered mail.

60-36  4.  If the abandoned vessel is held by a law enforcement agency as

60-37  evidence in the investigation or prosecution of a criminal offense, the

60-38  notice required by subsection 3 must be sent:

60-39  (a) Upon the decision of the law enforcement agency or district attorney

60-40  not to pursue or prosecute the case;

60-41  (b) Upon the conviction of the person who committed the offense; or

60-42  (c) If the case is otherwise terminated.

60-43  5.  Failure to reclaim the vessel within 180 days after the date the

60-44  notice is mailed constitutes a waiver of interest in the vessel by any person

60-45  having an interest in the vessel and the vessel shall be deemed abandoned

60-46  for all purposes.

60-47  6.  If all recorded interests in a vessel are waived, as provided in

60-48  subsection 5 or by written disclaimer, the [division of wildlife] department

60-49  may issue a certificate of ownership to the law enforcement agency that has

61-1  custody of the vessel. If necessary, the [division of wildlife] department

61-2  may assign a hull number to the vessel. This subsection does not preclude

61-3  the subsequent return of a vessel, or any component part thereof, by a law

61-4  enforcement agency to the registered owner of the vessel upon presentation

61-5  by the registered owner of satisfactory proof of ownership.

61-6    7.  A law enforcement agency to which a certificate of ownership is

61-7  issued pursuant to subsection 6 may use, sell or destroy the vessel, and

61-8  shall keep a record of the disposition of the vessel. If the law enforcement

61-9  agency:

61-10  (a) Sells the vessel, all proceeds from the sale of the vessel become the

61-11  property of the law enforcement agency.

61-12  (b) Destroys the vessel, the law enforcement agency shall, within 10

61-13  days, give notice of the destruction of the vessel to the [division of

61-14  wildlife.] department.

61-15  Sec. 158.  NRS 488.305 is hereby amended to read as follows:

61-16  488.305  1.  The [division of wildlife of the state department of

61-17  conservation and natural resources] department may authorize the holding

61-18  of regattas, motorboat or other boat races, marine parades, tournaments or

61-19  exhibitions on any waters of this state. The commission shall adopt

61-20  regulations concerning the safety of motorboats and other vessels and

61-21  persons thereon, either observers or participants.

61-22  2.  At least 30 days before a regatta, motorboat or other boat race,

61-23  marine parade, tournament or exhibition is proposed to be held, the person

61-24  in charge thereof must file an application with the [division of wildlife]

61-25  department for permission to hold the regatta, motorboat or other boat

61-26  race, marine parade, tournament or exhibition. No such event may be

61-27  conducted without the written authorization of the [division of wildlife.]

61-28  department.

61-29  3.  The [administrator] director of the [division of wildlife] department

61-30  may require an applicant, or the sponsor of the event, as a condition of the

61-31  approval of a regatta, motorboat or other boat race, marine parade,

61-32  tournament or exhibition, to enter into an agreement to reimburse the

61-33  [division] department for expenses incurred by the [division] department

61-34  to ensure that the event is conducted safely, including, without limitation,

61-35  expenses for equipment used, expenses for personnel and general operating

61-36  expenses.

61-37  4.  The application must set forth the date, time and location where it is

61-38  proposed to hold the regatta, motorboat or other boat race, marine parade,

61-39  tournament or exhibition, the type of vessels participating, the number and

61-40  kind of navigational aids required and the name of a person who will be

61-41  present at the event to ensure that the conditions of the permit are satisfied.

61-42  5.  The provisions of this section do not exempt any person from

61-43  compliance with applicable federal law or regulation.

61-44  Sec. 159.  NRS 488.320 is hereby amended to read as follows:

61-45  488.320  1.  A person shall not maintain or operate upon the waters of

61-46  this state any vessel which is equipped with a marine sanitation device

61-47  unless the device is approved by the United States Coast Guard and:

61-48  (a) Is designed to prevent the overboard discharge of treated and

61-49  untreated sewage; or

62-1    (b) Is adequately secured to prevent the overboard discharge of treated

62-2  and untreated sewage.

62-3    2.  It is unlawful for any person to discharge or attempt to discharge

62-4  sewage from a vessel into the waters of this state.

62-5    3.  The commission shall adopt regulations:

62-6    (a) That it determines are necessary to carry out the provisions of this

62-7  section; and

62-8    (b) Establishing a schedule of civil penalties for various violations of

62-9  this section and those regulations.

62-10  4.  A person who violates any provision of this section or the

62-11  regulations adopted pursuant to subsection 3:

62-12  (a) Is guilty of a misdemeanor; and

62-13  (b) In addition to any criminal penalty, is subject to:

62-14     (1) The suspension of the certificate of number of his vessel for 180

62-15  consecutive days; and

62-16     (2) A civil penalty of not less than $250, as established in regulations

62-17  adopted by the commission, payable to the [division of wildlife of the state

62-18  department of conservation and natural resources.] department.

62-19  5.  As used in this section, unless the context otherwise requires:

62-20  (a) “Discharge” means to spill, leak, pump, pour, emit, empty or dump

62-21  sewage into the water.

62-22  (b) “Marine sanitation device” means a toilet facility which is installed

62-23  on board a vessel and which is designed to receive, retain, treat or

62-24  discharge sewage, and any process to treat that sewage. The term does not

62-25  include portable devices which are designed to be carried onto and off of a

62-26  vessel.

62-27  (c) “Sewage” means wastes from the human body and wastes from

62-28  toilets or other receptacles, including marine sanitation devices, designed

62-29  to receive or retain wastes from the human body.

62-30  (d) “Vessel” includes any watercraft or structure floating on the water,

62-31  whether or not capable of self-locomotion, including houseboats, barges

62-32  and similar structures.

62-33  Sec. 160.  NRS 488.550 is hereby amended to read as follows:

62-34  488.550  1.  The operator of a vessel involved in a collision, accident

62-35  or other casualty shall, so far as he can do so without serious danger to his

62-36  own vessel, crew and passengers, render to other persons affected by the

62-37  casualty such assistance as may be practicable and as may be necessary to

62-38  save them from or minimize any danger caused by the casualty, and shall

62-39  give his name, address and the identification of his vessel in writing to any

62-40  person injured and to the owner of any property damaged in the casualty.

62-41  2.  In the case of collision, accident or other casualty involving a

62-42  vessel, the operator thereof, if the casualty results in death or injury to a

62-43  person or damage to property in excess of $500, shall file with the [division

62-44  of wildlife of the state department of conservation and natural resources]

62-45  department a full description of the casualty, including, without limitation,

62-46  such information as the commission may, by regulation, require.

62-47  3.  Upon receipt of a claim under a policy of insurance with respect to a

62-48  collision, accident or other casualty for which a report is required by

62-49  subsection 2, the insurer shall provide written notice to the insured of his

63-1  responsibility pursuant to subsection 2 to file with the [division of wildlife]

63-2  department a full description of the casualty.

63-3    4.  Upon receipt of a request for repair with respect to a collision,

63-4  accident or other casualty for which a report is required by subsection 2,

63-5  the person who repairs the vessel shall provide written notice to the person

63-6  requesting the repairs of the requirement set forth in subsection 2 that the

63-7  operator file with the [division of wildlife] department a full description of

63-8  the casualty.

63-9    5.  The insurer and the person who repairs a vessel shall transmit a

63-10  copy of each notice they provide pursuant to subsections 3 and 4,

63-11  respectively, to the [division of wildlife] department at the same time the

63-12  notice is provided to the insured or person requesting the repairs.

63-13  6.  The [division of wildlife] department shall investigate or cause to

63-14  be investigated a collision, accident or other casualty involving a vessel

63-15  which results in death or substantial bodily injury and shall gather evidence

63-16  to be used in the prosecution of a person charged with violating a law in

63-17  connection with the collision, accident or other casualty. The [division of

63-18  wildlife] department may investigate or cause to be investigated a

63-19  collision, accident or other casualty involving a vessel which does not

63-20  result in death or substantial bodily injury and may gather evidence to be

63-21  used in the prosecution of a person charged with violating a law in

63-22  connection with the collision, accident or other casualty.

63-23  Sec. 161.  NRS 488.560 is hereby amended to read as follows:

63-24  488.560  In accordance with any request made by an authorized official

63-25  or agency of the United States, any information compiled or otherwise

63-26  available to the [division of wildlife of the state department of conservation

63-27  and natural resources] department pursuant to NRS 488.550 must be

63-28  transmitted to the official or agency of the United States.

63-29  Sec. 162.  NRS 488.900 is hereby amended to read as follows:

63-30  488.900  1.  Every game warden, sheriff and other peace officer of

63-31  this state and its political subdivisions shall enforce the provisions of this

63-32  chapter and may stop and board any vessel subject to the provisions of this

63-33  chapter.

63-34  2.  Any vessel located upon the waters of this state is subject to

63-35  inspection by the [division of wildlife of the state department of

63-36  conservation and natural resources] department or any lawfully designated

63-37  agent or inspector thereof at any time to determine whether the vessel is

63-38  equipped in compliance with the provisions of this chapter.

63-39  3.  Any vessel located upon the waters of this state is subject to

63-40  inspection by the division of environmental protection of the state

63-41  department of conservation and natural resources or any lawfully

63-42  designated agent or inspector thereof at any time to determine whether the

63-43  vessel is equipped in compliance with the provisions of NRS 488.320. As

63-44  used in this subsection, “vessel” includes any watercraft or structure

63-45  floating on the water, whether or not capable of self-locomotion, including

63-46  houseboats, barges and similar structures.

63-47  Sec. 163.  NRS 528.053 is hereby amended to read as follows:

63-48  528.053  1.  No felling of trees, skidding, rigging or construction of

63-49  tractor or truck roads or landings, or the operation of vehicles, may take

64-1  place within 200 feet, measured on the slope, of the high water mark of any

64-2  lake, reservoir, stream or other body of water unless a variance is first

64-3  obtained from a committee composed of the state forester firewarden, the

64-4  [administrator] director of the [division of wildlife of the state] department

64-5  of [conservation and natural resources] wildlife, and the state engineer.

64-6    2.  The committee may grant a variance authorizing any of the

64-7  activities prohibited by subsection 1 within a 200-foot buffer area if the

64-8  committee determines that the goals of conserving forest resources and

64-9  achieving forest regeneration, preserving watersheds, reaching or

64-10  maintaining water quality standards adopted by federal and state law,

64-11  continuing water flows, preserving and providing for the propagation of

64-12  fish life and stream habitat and preventing significant soil erosion will not

64-13  be compromised.

64-14  3.  In acting on a request for such variances , the committee shall

64-15  consider the following factors:

64-16  (a) The extent to which such requested activity is consistent with good

64-17  forestry management for the harvesting of timber;

64-18  (b) The extent to which such requested activity significantly impedes or

64-19  interrupts the natural volume and flow of water;

64-20  (c) The extent to which such requested activity significantly affects a

64-21  continuation of the natural quality of the water pursuant to state and federal

64-22  water quality standards;

64-23  (d) The extent to which such requested activity is consistent with the

64-24  prevention of significant soil erosion;

64-25  (e) The extent to which such requested activity may significantly

64-26  obstruct fish passage, cause sedimentation in fish spawning areas, infringe

64-27  on feeding and nursing areas , and cause variations of water temperatures;

64-28  and

64-29  (f) The filtration of sediment-laden water as a consequence of timber

64-30  harvesting on adjacent slopes.

64-31  Sec. 164.  NRS 534A.070 is hereby amended to read as follows:

64-32  534A.070  1.  The administrator of the division of minerals of the

64-33  commission on mineral resources shall approve or reject an application for

64-34  a permit to drill an exploratory well within 10 days after he receives the

64-35  application in proper form. The permit must not be effective for more than

64-36  2 years, but may be extended by the administrator.

64-37  2.  Upon receipt of an application for a permit to drill or operate a

64-38  geothermal well, the administrator of the division of minerals shall transmit

64-39  copies of the application to the state engineer, the administrator of the

64-40  division of environmental protection of the state department of

64-41  conservation and natural resources , and the [administrator] director of the

64-42  [division of wildlife of the state] department of [conservation and natural

64-43  resources.] wildlife. After consultation with the state engineer , the

64-44  administrator of the division of environmental protection, and [each of

64-45  the administrators,] the director of the department of wildlife, the

64-46  administrator of the division of minerals may issue a permit to drill or

64-47  operate a geothermal well if it is determined that issuance of a permit is

64-48  consistent with:

64-49  (a) The policies specified in NRS 445A.305 and 445B.100;

65-1    (b) The purposes of chapters 533 and 534 of NRS; and

65-2    (c) The purposes specified in chapter 501 of NRS.

65-3    3.  The administrator of the division of minerals shall approve or reject

65-4  the application to drill or operate a geothermal well within 90 days after he

65-5  receives it in proper form, unless it is determined that a conflict exists

65-6  pursuant to subsection 2 or a public hearing is necessary pursuant to

65-7  subsection 4. Notice of the conflict or need for a public hearing must be

65-8  provided to the applicant within the 90-day period.

65-9    4.  The state engineer and the administrator of the division of minerals

65-10  may hold public hearings jointly or separately to gather such evidence or

65-11  information as they deem necessary for a full understanding of all the

65-12  rights involved and to guard properly the public interest.

65-13  5.  A permit issued pursuant to this section must include any

65-14  conditions:

65-15  (a) Deemed necessary by the administrator of the division of minerals to

65-16  carry out the purposes of this section; and

65-17  (b) Imposed by the state engineer consistent with the provisions of

65-18  chapters 533 and 534 of NRS.

65-19  Sec. 165.  NRS 535.060 is hereby amended to read as follows:

65-20  535.060  1.  On any stream system and its tributaries in this state the

65-21  distribution of the waters of which are vested in the state engineer by law

65-22  or the final decree of court, where beaver, by the construction of dams or

65-23  otherwise, are found to be interfering with the lawful and necessary

65-24  distribution of water to the proper users thereof, the state engineer, upon

65-25  complaint of any interested water user, shall investigate or cause the

65-26  investigation of the matter.

65-27  2.  The state engineer and his assistants and water commissioners and

65-28  the [division of wildlife of the state] department of [conservation and

65-29  natural resources] wildlife and its agents may enter upon privately owned

65-30  lands for the purposes of investigating the conditions complained of and

65-31  the removal and trapping of beaver.

65-32  3.  If satisfied that such beaver are interfering with the flow of water to

65-33  the detriment of water users, the state engineer shall serve a written notice

65-34  on the owner of the land, if it is privately owned, stating:

65-35  (a) That the beaver thereon are interfering with or stopping the flow of

65-36  water necessary for the proper serving of water rights; and

65-37  (b) That unless, within 10 days from receipt of the notice, written

65-38  objection to the removal of such beaver is filed with the state engineer by

65-39  the landowner, the [division of wildlife of the state] department of

65-40  [conservation and natural resources] wildlife will remove such beaver or as

65-41  many thereof as will rectify the existing conditions.

65-42  4.  Failure of the landowner to file such written objections shall be

65-43  deemed a waiver thereof. Upon receipt of written objections , the state

65-44  engineer may make further investigation and may sustain or overrule the

65-45  objections as the facts warrant. Upon the overruling of the objections, the

65-46  landowner may have them reviewed by the district court having

65-47  jurisdiction of the land by filing therein a petition for review within 10

65-48  days from the receipt of the order of the state engineer overruling the

66-1  objections. The proceedings on the petition must be informal and heard by

66-2  the court at the earliest possible moment.

66-3    5.  Upon the landowner’s waiver of objections to the removal of beaver

66-4  from his land, or upon final determination by the court that the beaver

66-5  should be removed, the state engineer shall immediately notify the

66-6  [division of wildlife] department of wildlife of the waiver or determination

66-7  and the [division] department or its agents shall enter upon the land from

66-8  which the beaver are to be removed and remove them or as many as may

66-9  be necessary to prevent the improper flow of water as directed by the state

66-10  engineer.

66-11  6.  The state engineer may remove or cause the removal of any beaver

66-12  dam found to be obstructing the proper and necessary flow of water to the

66-13  detriment of water users.

66-14  Sec. 166.  NRS 561.301 is hereby amended to read as follows:

66-15  561.301  Aquatic agriculture, which includes the propagation,

66-16  cultivation and harvesting of plants indigenous to water in a controlled or

66-17  selected aquatic environment for the commercial production of food, is one

66-18  of the agricultural enterprises conducted in this state. The department shall

66-19  promote, protect and regulate aquatic agriculture to the extent that the

66-20  department is authorized to regulate other forms of agriculture and other

66-21  agricultural products. The department shall confer with the [division of

66-22  wildlife of the state] department of [conservation and natural resources]

66-23  wildlife regarding aquatic agriculture to prevent any adverse effects on

66-24  existing aquatic animals.

66-25  Sec. 167.  NRS 571.120 is hereby amended to read as follows:

66-26  571.120  1.  The department shall do all things necessary for the

66-27  control and eradication of infectious, contagious or parasitic diseases of

66-28  livestock.

66-29  2.  The director shall cooperate with the [administrator] director of the

66-30  [division of wildlife of the state] department of [conservation and natural

66-31  resources] wildlife in a program to prevent the spread of communicable

66-32  diseases in livestock and wildlife in this state.

66-33  3.  As used in this section, “wildlife” has the meaning ascribed to it in

66-34  NRS 501.097.

66-35  Sec. 168.  NRS 576.129 is hereby amended to read as follows:

66-36  576.129  1.  It is unlawful for any person to import, possess or

66-37  propagate any alternative livestock unless he first obtains from the state

66-38  board of agriculture a permit that authorizes him to do so.

66-39  2.  The state board of agriculture shall adopt regulations for the

66-40  importation, possession and propagation of alternative livestock. The

66-41  regulations must set forth requirements for:

66-42  (a) Facilities used to confine alternative livestock, including minimum

66-43  requirements for fencing to prevent the escape of alternative livestock.

66-44  (b) The genetic testing of alternative livestock.

66-45  (c) Keeping and maintaining records related to the importation, transfer,

66-46  possession and propagation of alternative livestock.

66-47  (d) Identifying and marking alternative livestock.

66-48  (e) Marketing alternative livestock.

67-1    (f) The filing of any bonds which may be required by the state board of

67-2  agriculture.

67-3    3.  In adopting the regulations required by subsection 2, the state board

67-4  of agriculture shall consult with the [division of wildlife of the state]

67-5  department of [conservation and natural resources] wildlife and the board

67-6  of wildlife commissioners concerning the provisions that are necessary to

67-7  protect wildlife in this state and in the areas designated as areas of special

67-8  concern by the board of wildlife commissioners pursuant to NRS 501.181.

67-9    4.  The state board of agriculture shall establish by regulation a

67-10  schedule of fees required to be paid for a permit issued pursuant to this

67-11  section. The fees established must not exceed the approximate cost to the

67-12  board of carrying out the provisions of this section.

67-13  Sec. 169.  NRS 576.131 is hereby amended to read as follows:

67-14  576.131  1.  An owner of alternative livestock may request assistance

67-15  from the department, the [division of wildlife of the state] department of

67-16  [conservation and natural resources] wildlife and local law enforcement

67-17  agencies to recapture any alternative livestock that has escaped from

67-18  confinement.

67-19  2.  Any alternative livestock that is recaptured may be impounded at a

67-20  suitable facility until sufficient repairs or improvements are made to the

67-21  owner’s facility to ensure that the escape of the alternative livestock does

67-22  not recur.

67-23  3.  The owner of the alternative livestock is liable for:

67-24  (a) The costs incurred by the department, the [division of wildlife of the

67-25  state] department of [conservation and natural resources] wildlife and any

67-26  local law enforcement agency to recapture the alternative livestock;

67-27  (b) The costs of impounding the alternative livestock; and

67-28  (c) Any damages caused by the alternative livestock during the escape.

67-29  Sec. 170.  NRS 232.138, 501.002 and 501.027 are hereby repealed.

67-30  Sec. 171.  1.  This section and sections 1 to 122, inclusive, 124 to

67-31  170, inclusive, and 172 become effective on July 1, 2001.

67-32  2.  Section 123 of this act becomes effective at 12:01 a.m. on
January 1, 2002.

67-33  Sec. 172.  The legislative counsel shall:

67-34  1.  In preparing the reprint and supplements to the Nevada Revised

67-35  Statutes, with respect to any section that is not amended by this act or is

67-36  further amended by another act, appropriately change any reference to:

67-37  (a) “Division of wildlife” to “department of wildlife”; and

67-38  (b) Any other agency or any officer whose name is changed or whose

67-39  responsibilities have been transferred pursuant to the provisions of this act

67-40  to refer to the appropriate agency or officer.

67-41  2.  In preparing supplements to the Nevada Administrative Code,

67-42  appropriately change any reference to:

67-43  (a) “Division of wildlife” to “department of wildlife”; and

67-44  (b) Any other agency or any officer whose name is changed or whose

67-45  responsibilities have been transferred pursuant to the provisions of this act

67-46  to refer to the appropriate agency or officer.

 

 

68-1  TEXT OF REPEALED SECTIONS

 

 

68-2    232.138  Division of wildlife: Composition; appointment of

68-3   administrator.

68-4    1.  The division of wildlife consists of the administrator and any other

68-5   necessary personnel.

68-6    2.  The administrator of the division is appointed by and responsible to

68-7   the director.

68-8    501.002  “Administrator” defined. As used in this Title,

68-9   “administrator” means the administrator of the division.

68-10  501.027  “Division” defined. As used in this Title, “division” means

68-11   the division of wildlife of the state department of conservation and natural

68-12   resources.

 

68-13  H