Senate Bill No. 30–Senator O’Connell
Prefiled January 22, 2001
____________
Referred to Committee on Finance
SUMMARY—Makes various changes to provisions
relating to wildlife. (BDR 45‑647)
FISCAL NOTE: Effect on Local Government: No.
Effect on
the State: Contains Appropriation not included in
Executive Budget.
~
EXPLANATION
– Matter in bolded italics is new; matter
between brackets [omitted material] is material to be omitted.
Green numbers along
left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).
AN ACT relating to wildlife; eliminating the division of wildlife of the state department
of conservation and natural resources; creating the department of fish and
game; changing the classification of a mountain lion from a big game mammal to
an unprotected mammal; increasing the number of members of the board of
wildlife commissioners who may be from certain counties; increasing fees for
big game tags; requiring that money collected from the increase in fees for big
game tags be used only for the management of predatory animals; making an
appropriation to the department of fish and game for the purpose of managing
predatory animals; 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 fish and game.
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
501.110 is hereby amended to read as follows:
1-12 501.110 1. For
the purposes of this Title, wildlife must be classified
1-13 as follows:
1-14 (a) Wild
mammals, which must be further classified as either game
1-15 mammals, fur-bearing mammals, protected mammals or
unprotected
1-16 mammals.
2-1 (b) Wild
birds, which must be further classified as either game birds,
2-2 protected birds or unprotected birds. Game birds
must be further classified
2-3 as upland game birds or migratory game birds.
2-4 (c) Fish,
which must be further classified as either game fish, protected
2-5 fish or unprotected fish.
2-6 (d) Reptiles,
which must be further classified as either protected reptiles
2-7 or unprotected reptiles.
2-8 (e) Amphibians,
which must be further classified as either game
2-9 amphibians, protected amphibians or unprotected amphibians.
2-10 (f) Mollusks,
which must be further classified as either protected
2-11 mollusks or unprotected mollusks.
2-12 (g) Crustaceans,
which must be further classified as either protected
2-13 crustaceans or unprotected crustaceans.
2-14 2. Protected wildlife may be further classified
as either sensitive,
2-15 threatened or endangered.
2-16 3. [Each] Except as otherwise provided in subsection 4, each species
2-17 of wildlife must be placed in a classification by
regulation of the
2-18 commission and, when it is in the public interest to
do so, species may be
2-19 moved from one classification to another.
2-20 4. A
wild mountain lion, felis concolor, is an unprotected mammal.
2-21 Sec. 6. NRS
501.119 is hereby amended to read as follows:
2-22 501.119 1. The
[division] department is authorized to determine
2-23 methods of obtaining necessary data from hunters,
trappers and fishermen
2-24 relative to their activities and success.
2-25 2. The methods may include return of reports
attached to licenses and
2-26 tags or questionnaires addressed to license holders.
2-27 3. Failure to return such a report or
questionnaire within the period
2-28 specified by regulation of the commission or the
submission of any false
2-29 statement thereon is cause for the commission to:
2-30 (a) Deny the
person the right to acquire any license provided under this
2-31 Title for a period of 1 year; or
2-32 (b) Levy an
administrative fine of $50 against the person.
2-33 4. Any statement made on such a report or
questionnaire may not be
2-34 the basis for prosecution for any indicated
violations of other sections of
2-35 this Title.
2-36 Sec. 7. NRS
501.171 is hereby amended to read as follows:
2-37 501.171 1. A
county advisory board to manage wildlife shall submit
2-38 written nominations for appointments to the
commission upon the request
2-39 of the governor and may submit nominations at any
other time.
2-40 2. After consideration of the written
nominations submitted by a
2-41 county advisory board to manage wildlife and any
additional candidates for
2-42 appointment to the commission, the governor shall
appoint to the
2-43 commission:
2-44 (a) One
member who is actively engaged in the conservation of
2-45 wildlife;
2-46 (b) One
member who is actively engaged in farming;
2-47 (c) One
member who is actively engaged in ranching;
2-48 (d) One
member who represents the interests of the general public; and
3-1 (e) Five
members who during at least 3 of the 4 years immediately
3-2 preceding their appointment held a resident license
to fish or hunt, or both,
3-3 in Nevada.
3-4 3. The governor shall not appoint to the
commission any person who
3-5 has been convicted of:
3-6 (a) A gross
misdemeanor for a violation of NRS 501.376, 502.060 or
3-7 504.395; or
3-8 (b) Two or
more violations of the provisions of chapters 501 to 504,
3-9 inclusive, of NRS,
3-10 during the previous 10 years.
3-11 4. Not more than [three]
six members may be from
the same county
3-12 whose population is 400,000 or more, not more than
two members may be
3-13 from the same county whose population is 100,000 or
more but less than
3-14 400,000, and not more than one member may be from
the same county
3-15 whose population is less than 100,000.
3-16 5. The commission shall annually select a
chairman and a vice
3-17 chairman from among its members. A person shall not
serve more than two
3-18 consecutive terms as chairman.
3-19 Sec. 8. NRS
501.181 is hereby amended to read as follows:
3-20 501.181 The commission shall:
3-21 1. Establish broad policies for:
3-22 (a) The
protection, propagation, restoration, transplanting, introduction
3-23 and management of wildlife in this state.
3-24 (b) The
promotion of the safety of persons using or property used in the
3-25 operation of vessels on the waters of this state.
3-26 (c) The
promotion of uniformity of laws relating to policy matters.
3-27 2. Guide the [division]
department in its
administration and
3-28 enforcement of the provisions of this Title and of
chapter 488 of NRS by
3-29 the establishment of such policies.
3-30 3. Establish policies for areas of interest
including:
3-31 (a) The
management of big and small game mammals, upland and
3-32 migratory game birds, fur-bearing mammals, game
fish, and protected and
3-33 unprotected mammals, birds, fish, reptiles and
amphibians.
3-34 (b) The
control of wildlife depredations.
3-35 (c) The
acquisition of lands, water rights and easements and other
3-36 property for the management, propagation, protection
and restoration of
3-37 wildlife.
3-38 (d) The
entry, access to, and occupancy and use of such property,
3-39 including leases of grazing rights, sales of
agricultural products and
3-40 requests by the [administrator]
director to the
state land registrar for the
3-41 sale of timber if the sale does not interfere with
the use of the property on
3-42 which the timber is located for wildlife management
or for hunting or
3-43 fishing thereon.
3-44 (e) The control
of nonresident hunters.
3-45 (f) The
introduction, transplanting or exporting of wildlife.
3-46 (g) Cooperation
with federal, state and local agencies on wildlife and
3-47 boating programs.
4-1 (h) The
revocation of licenses issued pursuant to this Title to any person
4-2 who is convicted of a violation of any provision of
this Title or any
4-3 regulation adopted pursuant thereto.
4-4 4. Establish regulations necessary to carry out
the provisions of this
4-5 Title and of chapter 488 of NRS, including:
4-6 (a) Regular
and special seasons for hunting game mammals and game
4-7 birds, for hunting or trapping fur-bearing mammals
and for fishing, the
4-8 daily and possession limits, the manner and means of
taking wildlife,
4-9 including, but not limited to, the sex, size or
other physical differentiation
4-10 for each species, and, when necessary for management
purposes, the
4-11 emergency closing or extending of a season, reducing
or increasing of the
4-12 bag or possession limits on a species, or the
closing of any area to hunting,
4-13 fishing or trapping. The regulations must be
established after first
4-14 considering the recommendations of the [division,]
department, the
county
4-15 advisory boards to manage wildlife and others who
wish to present their
4-16 views at an open meeting. Any regulations relating
to the closure of a
4-17 season must be based upon scientific data concerning
the management of
4-18 wildlife. The data upon which the regulations are
based must be collected
4-19 or developed by the [division.] department.
4-20 (b) The
manner of using, attaching, filling out, punching, inspecting,
4-21 validating or reporting tags.
4-22 (c) The
delineation of game management units embracing contiguous
4-23 territory located in more than one county,
irrespective of county boundary
4-24 lines.
4-25 (d) The
number of licenses issued to nonresidents for big game and, if
4-26 necessary, other game species for the regular and
special seasons.
4-27 5. Adopt regulations requiring the [division]
department to make
4-28 public, before official delivery, its proposed
responses to any requests by
4-29 federal agencies for its comment on drafts of
statements concerning the
4-30 environmental effect of proposed actions or
regulations affecting public
4-31 lands.
4-32 6. Adopt regulations:
4-33 (a) Governing
the provisions of the permit required by NRS 502.390
4-34 and for the issuance, renewal and revocation of such
a permit.
4-35 (b) Establishing
the method for determining the amount of an
4-36 assessment and the time and manner of payment,
necessary for the
4-37 collection of the assessment required by NRS
502.390.
4-38 7. Designate those portions of wildlife
management areas for big game
4-39 mammals that are of special concern for the
regulation of the importation,
4-40 possession and propagation of alternative livestock
pursuant to NRS
4-41 576.129.
4-42 Sec. 9. NRS
501.1812 is hereby amended to read as follows:
4-43 501.1812 As used in NRS 501.1812 to 501.1818,
inclusive, unless the
4-44 context otherwise requires:
4-45 1. “License” means a license or tag issued by
the [division]
4-46 department for:
4-47 (a) Recreational
hunting or fishing; or
4-48 (b) Taking
fur-bearing mammals, trapping unprotected mammals or
4-49 selling raw furs for profit.
5-1 2. “Permit” means a permit issued by the [division]
department for
5-2 recreational hunting or fishing.
5-3 3. “Wildlife conviction” means a conviction
obtained in any court of
5-4 competent jurisdiction in this state, including,
without limitation, a
5-5 conviction obtained upon a plea of nolo contendere
or upon a forfeiture of
5-6 bail not vacated in any such court, for a violation
of:
5-7 (a) A
provision of this Title or any regulation adopted pursuant to this
5-8 Title other than a provision of NRS 502.370,
502.390, 503.185, 503.310 or
5-9 504.295 to 504.390, inclusive; or
5-10 (b) A
provision of the Lacey Act Amendment of 1981, Public Law 97-
5-11 79, if the violation of that provision is based on a
violation of a law or
5-12 regulation of this state.
5-13 Sec. 10. NRS
501.1814 is hereby amended to read as follows:
5-14 501.1814 1. The
commission shall establish and the [division]
5-15 department shall administer and enforce
a system of assessing demerit
5-16 points for wildlife convictions. The system must be
uniform in its
5-17 operation.
5-18 2. Pursuant to the schedule of demerit points
established by regulation
5-19 of the commission for each wildlife conviction
occurring within this state
5-20 affecting any holder of a license, permit or
privilege issued pursuant to this
5-21 Title, the [division] department shall assess demerit points for the
60-
5-22 month period preceding a person’s most recent
wildlife conviction. Sixty
5-23 months after the date of the conviction, the demerit
points for that
5-24 conviction must be deleted from the total demerit
points accumulated by
5-25 that person. The date of the violation shall be
deemed the date on which
5-26 accumulated demerit points must be assessed. If a
conviction of two or
5-27 more wildlife violations committed at a single event
is obtained, demerit
5-28 points must be assessed for the offense having the
greater number of
5-29 demerit points.
5-30 Sec. 11. NRS
501.1816 is hereby amended to read as follows:
5-31 501.1816 1. If
a person accumulates 6 or more demerit points, but
5-32 less than 12, the [division]
department shall
notify him of that fact by
5-33 certified mail. If, after the [division]
department mails the
notice, the
5-34 person presents proof to the [division]
department that he
has, after his
5-35 most recent wildlife conviction, successfully
completed a course of
5-36 instruction in the responsibilities of hunters
approved by the [division, the
5-37 division] department,
the department shall deduct 4 demerit points from
5-38 his record. A person may attend a course of
instruction in the
5-39 responsibilities of hunters only once in 60 months
for the purpose of
5-40 reducing his demerit points.
5-41 2. If a person accumulates 12 or more demerit
points before
5-42 completing a course of instruction pursuant to
subsection 1, the [division]
5-43 department shall suspend or revoke any
license, permit or privilege issued
5-44 to him pursuant to this Title.
5-45 3. Not later than 60 days after the [division]
department determines
5-46 that a person has accumulated 12 demerit points, the
[division] department
5-47 shall notify the person by certified mail that his
privileges will be
5-48 suspended or revoked. Except as otherwise provided
in subsection 4, the
6-1 [division] department
shall suspend or revoke those privileges 30 days
6-2 after it mails the notice.
6-3 4. Any person who receives the notice required
by subsection 3 may
6-4 submit to the [division]
department a written
request for a hearing before
6-5 the commission not later than 30 days after the
receipt of the notice. If a
6-6 written request for a hearing is received by the [division:] department:
6-7 (a) The
suspension or revocation of the license, permit or privilege is
6-8 stayed until a determination is made by the
commission after the hearing.
6-9 (b) The
hearing must be held within 60 days after the request is
6-10 received.
6-11 5. The periods of suspension or revocation
imposed pursuant to this
6-12 section must run concurrently. No license, permit or
privilege may be
6-13 suspended or revoked pursuant to this section for
more than 3 years.
6-14 6. If the [division]
department suspends
or revokes a license, permit or
6-15 privilege pursuant to this section, the period of
suspension or revocation
6-16 begins 30 days after notification pursuant to
subsection 3 or a
6-17 determination is made by the commission pursuant to
subsection 4. After a
6-18 person’s license, permit or privilege is suspended
or revoked pursuant to
6-19 this section, all demerit points accumulated by that
person must be
6-20 canceled.
6-21 Sec. 12. NRS
501.1817 is hereby amended to read as follows:
6-22 501.1817 Any person whose license, permit or privilege
has been
6-23 suspended or revoked by the [division]
department pursuant
to NRS
6-24 501.1816 is entitled to judicial review of the decision
in the manner
6-25 provided by chapter 233B of NRS.
6-26 Sec. 13. NRS
501.243 is hereby amended to read as follows:
6-27 501.243 1. The
[division] department shall execute, administer and
6-28 enforce and perform the functions and duties
provided in chapter 488 of
6-29 NRS.
6-30 2. The commission has the power and authority
to:
6-31 (a) Promulgate
rules and regulations governing the use of waters for
6-32 recreational purposes, which waters are open to the
public and are not
6-33 under the direct control of any other state or
federal agency for recreational
6-34 use.
6-35 (b) Enter
into cooperative agreements with federal, state and county
6-36 agencies having regulatory powers pertaining to the
use of public waters
6-37 for recreational purposes for the purpose of
coordinating such rules and
6-38 regulations.
6-39 Sec. 14. NRS
501.310 is hereby amended to read as follows:
6-40 501.310 There is hereby created in each of the
counties of this state a
6-41 fund for the advisory board. The fund must be kept
in the county treasury,
6-42 and all money received from the [division]
department must be
placed in
6-43 the fund.
6-44 Sec. 15. NRS
501.320 is hereby amended to read as follows:
6-45 501.320 1. Annually,
not later than May 1, each board shall prepare
6-46 a budget for the period ending June 30 of the
following year, setting forth
6-47 in detail its proposed expenditures for carrying out
its duties as specified in
6-48 this Title within its county, and submit the budget
to the commission
7-1 accompanied by a statement of the previous year’s
expenditures, certified
7-2 by the county auditor.
7-3 2. The commission shall examine the budget in
conjunction with the
7-4 [administrator] director
or a person designated by him, and may increase,
7-5 decrease, alter or amend the budget.
7-6 3. Upon approval of the budget, the [division]
department shall
7-7 transmit a copy of the approved budget to the board,
and at the same time
7-8 withdraw from the wildlife account within the state
general fund and
7-9 transmit to the board the money required under the
approved budget for
7-10 disposition by the board in accordance with the
approved budget. All
7-11 money so received must be placed in the fund for the
advisory board.
7-12 Sec. 16. NRS
501.331 is hereby amended to read as follows:
7-13 501.331 There is hereby created the [division of wildlife of the state]
7-14 department of [conservation and natural resources,] fish
and game, which
7-15 shall administer the wildlife laws of this state and
chapter 488 of NRS. The
7-16 department is
under the control of the commission.
7-17 Sec. 17. NRS
501.333 is hereby amended to read as follows:
7-18 501.333 1. From
among three or more nominees of the commission,
7-19 the [director of
the state department of conservation and natural resources]
7-20 governor shall appoint [an administrator]
a director of the [division,]
7-21 department, who is its chief
administrative officer. The [administrator]
7-22 director serves at the pleasure of
the [director.] governor.
7-23 2. The [director] governor shall select as [administrator]
director a
7-24 person having an academic degree in the management
of wildlife or a
7-25 closely related field, substantial experience in the
management of wildlife
7-26 and a demonstrated ability to administer [a division of]
a major public
7-27 agency.
7-28 3. The [administrator]
director is in the
unclassified service of the
7-29 state.
7-30 Sec. 18. NRS
501.337 is hereby amended to read as follows:
7-31 501.337 The [administrator] director shall:
7-32 1. Carry out the policies and regulations of the
commission.
7-33 2. Direct and supervise all administrative and
operational activities of
7-34 the [division,] department, and all programs administered by
the [division]
7-35 department as provided by law. Except
as otherwise provided in NRS
7-36 284.143, the [administrator]
director shall
devote his entire time to the
7-37 duties of his office and shall not follow any other
gainful employment or
7-38 occupation.
7-39 3. Within such limitations as may be provided by
law, organize the
7-40 [division] department
and, from time to time with the consent of the
7-41 commission, may alter the organization. The [administrator]
director shall
7-42 reassign responsibilities and duties as he may deem
appropriate.
7-43 4. Appoint or remove such technical, clerical
and operational staff as
7-44 the execution of his duties and the operation of the
[division] department
7-45 may require, and all those employees are responsible
to him for the proper
7-46 carrying out of the duties and responsibilities of
their respective positions.
7-47 The [administrator] director shall designate a number of employees
as
7-48 game wardens and provide for their training.
8-1 5. Submit technical and other reports to the
commission as may be
8-2 necessary or as may be requested, which will enable
the commission to
8-3 establish policy and regulations.
8-4 6. Prepare the biennial budget of the [division]
department consistent
8-5 with the provisions of this Title and chapter 488 of
NRS and submit it to
8-6 the commission for its review and [comment.] approval before being
8-7 submitted to the
chief of the budget division of the department of
8-8 administration
pursuant to NRS 353.210.
8-9 7. Administer real property assigned to the [division.] department.
8-10 8. Maintain full control, by proper methods and
inventories, of all
8-11 personal property of the state acquired and held for
the purposes
8-12 contemplated by this Title and by chapter 488 of
NRS.
8-13 9. Act as nonvoting secretary to the commission.
8-14 Sec. 19. NRS
501.339 is hereby amended to read as follows:
8-15 501.339 The [administrator] director may:
8-16 1. In cases of emergency, with the prior
approval of the governor,
8-17 exercise the powers of the commission until such
time as the commission
8-18 meets or the emergency ends.
8-19 2. Designate an employee or employees of the [division]
department
8-20 to act as his deputy or deputies. In the [administrator’s]
director’s absence
8-21 or inability to discharge the powers and duties of
his office, the powers and
8-22 duties devolve upon his deputy or deputies.
8-23 3. Designate persons outside the [division]
department as game
8-24 wardens if, in his opinion, the need for such
designations exists.
8-25 Sec. 20. NRS
501.341 is hereby amended to read as follows:
8-26 501.341 The headquarters of the [division]
department must be
8-27 maintained at such a location in the state, and other
offices may be
8-28 established throughout the state in such number and
location, as will, in the
8-29 opinion of the [administrator]
director and the commission, provide an
8-30 efficient [divisional] departmental operation.
8-31 Sec. 21. NRS 501.343
is hereby amended to read as follows:
8-32 501.343 The [division] department may:
8-33 1. Collect and disseminate, throughout the
state, information
8-34 calculated to educate and benefit the people of the
state regarding wildlife
8-35 and boating, and information pertaining to any
program administered by
8-36 the [division.] department.
8-37 2. Publish wildlife journals and other official
publications, for which a
8-38 specific charge may be made, such charge to be
determined by the
8-39 commission, with the proceeds to be deposited in the
wildlife account
8-40 within the state general fund. No charge may be made
for any publication
8-41 required by a regulation of the commission.
8-42 Sec. 22. NRS
501.349 is hereby amended to read as follows:
8-43 501.349 Regular employees and others designated by
the
8-44 [administrator] director
as game wardens shall enforce all provisions of
8-45 this Title and of chapter 488 of NRS.
8-46 Sec. 23. NRS
501.351 is hereby amended to read as follows:
8-47 501.351 1. The
[administrator] director may enter into cooperative
8-48 or reciprocal agreements with the Federal Government
or any agency
8-49 thereof, any other state or any agency thereof, any
other agency of this
9-1
state, any county or other political
subdivision of this state, to the extent
9-2 permitted by the provisions of chapter 277 of NRS,
any public or private
9-3 corporation, or any person, in accordance with and
for the purpose of
9-4 carrying out the policy of the commission.
9-5 2. Such agreements do not relieve any party
thereto of any liability,
9-6 independent of such agreements, existing under any
provision of law.
9-7 Sec. 24. NRS
501.352 is hereby amended to read as follows:
9-8 501.352 The [administrator] director shall require the personnel of the
9-9 [division] department
to report to him as soon as practicable any
9-10 reasonable suspicion that a communicable disease may
be present in
9-11 wildlife in Nevada. The [administrator]
director shall, as
soon as possible,
9-12 inform the director of the state department of
agriculture of any reasonable
9-13 suspicion reported to him. Any sample collected by
the personnel of the
9-14 [division] department
in evaluating such a suspicion must be forwarded to
9-15 the director of the state department of agriculture
as soon as practicable.
9-16 Sec. 25. NRS
501.354 is hereby amended to read as follows:
9-17 501.354 The [division] department shall receive, deposit and expend
9-18 all money provided by law for the administration of
this title and of chapter
9-19 488 of NRS, pursuant to the authority contained in
NRS 501.356 and in
9-20 accordance with the commission’s policy.
9-21 Sec. 26. NRS
501.356 is hereby amended to read as follows:
9-22 501.356 1. Money
received by the [division] department from:
9-23 (a) The sale
of licenses;
9-24 (b) Fees
pursuant to the provisions of NRS 488.075 and 488.1795;
9-25 (c) Remittances
from the state treasurer pursuant to the provisions of
9-26 NRS 365.535;
9-27 (d) Appropriations
made by the legislature; and
9-28 (e) All other
sources, except money derived from the forfeiture of any
9-29 property described in NRS 501.3857 or money
deposited in the wildlife
9-30 heritage trust account pursuant to NRS 501.3575,
9-31 must be deposited with the state treasurer for
credit to the wildlife account
9-32 in the state general fund.
9-33 2. The interest and income earned on the money
in the wildlife
9-34 account, after deducting any applicable charges,
must be credited to the
9-35 account.
9-36 3. Except as otherwise provided in subsection 4,
the [division]
9-37 department may use money in the
wildlife account only to carry out the
9-38 provisions of this Title and chapter 488 of NRS and
as provided in NRS
9-39 365.535, and the money must not be diverted to any
other use.
9-40 4. Except as otherwise provided in NRS 502.250,
502.310 and
9-41 504.155, all fees for the sale or issuance of
stamps, tags, permits and
9-42 licenses that are required to be deposited in the
wildlife account pursuant to
9-43 the provisions of this Title must be accounted for
separately and may be
9-44 used only for the management of wildlife.
9-45 Sec. 27. NRS
501.3575 is hereby amended to read as follows:
9-46 501.3575 1. The
wildlife heritage trust account is hereby created in
9-47 the state general fund. The money in the account
must be used by the
9-48 [division] department
as provided in this section for the protection,
9-49 propagation, restoration, transplantation,
introduction and management of
10-1 any game fish, game mammal, game bird or fur-bearing
mammal in this
10-2 state.
10-3 2. Except as otherwise provided in NRS 502.250,
money received by
10-4 the [division] department from:
10-5 (a) A bid,
auction or partnership in wildlife drawing conducted pursuant
10-6 to NRS 502.250; and
10-7 (b) A gift of
money made by any person to the wildlife heritage trust
10-8 account,
10-9 must be deposited with the state treasurer for
credit to the account.
10-10 3. The interest and income earned on the money
in the wildlife
10-11 heritage trust account, after deducting any
applicable charges, must be
10-12 credited to the account.
10-13 4. The [division] department may annually expend from the
wildlife
10-14 heritage trust account an amount of money not
greater than the interest
10-15 earned on the money in the account during the
previous year. The
10-16 commission shall review and approve expenditures
from the account. No
10-17 money may be expended from the account without the
prior approval of the
10-18 commission.
10-19 5. The commission shall administer the
provisions of this section and
10-20 may adopt any regulations necessary for that
purpose.
10-21 Sec. 28. NRS
501.359 is hereby amended to read as follows:
10-22 501.359 1. The
wildlife imprest account in the amount of $15,000 is
10-23 hereby created for the use of the [division,]
department, subject
to the
10-24 following conditions:
10-25 (a) The money
must be deposited in a bank or credit union qualified to
10-26 receive deposits of public money, except that $500
must be kept in the
10-27 custody of an employee designated by the [administrator]
director for
10-28 immediate use for purposes set forth in this
section.
10-29 (b) The
account must be replenished periodically from the wildlife
10-30 account in the state general fund upon approval of
expenditures as required
10-31 by law and submission of vouchers or other documents
to indicate payment
10-32 as may be prescribed.
10-33 2. The wildlife imprest account may be used to
pay for postage,
10-34 C.O.D. packages, travel or other minor expenses
which are proper as
10-35 claims for payment from the wildlife account in the
state general fund.
10-36 3. The wildlife imprest account may be used to
provide money to
10-37 employees of the [division]
department for
travel expenses and subsistence
10-38 allowances arising out of their official duties or
employment. All advances
10-39 constitute a lien in favor of the [division]
department upon the
accrued
10-40 wages of the requesting employee in an amount equal
to the money
10-41 advanced, but the [administrator]
director may advance
more than the
10-42 amount of the accrued wages of the employee. Upon
the return of the
10-43 employee, he is entitled to receive money for any
authorized expenses and
10-44 subsistence in excess of the amount advanced.
10-45 Sec. 29. NRS
501.361 is hereby amended to read as follows:
10-46 501.361 A petty cash account in the amount of $300
for the payment
10-47 of minor expenses of the [division]
department is hereby
created. The
10-48 account must be kept in the custody of an employee
designated by the
10-49 [administrator] director
and must be replenished periodically from the
11-1 wildlife account in the state general fund upon
approval of expenditures as
11-2 required by law and submission of vouchers or other
documents to indicate
11-3 payment as may be prescribed.
11-4 Sec. 30. NRS
501.363 is hereby amended to read as follows:
11-5 501.363 A change account in the amount of $500 is
hereby created.
11-6 The account must be kept in the custody of one or
more employees
11-7 designated by the [administrator]
director and used
for the making of
11-8 change incidental to the business of the [division.] department.
11-9 Sec. 31. NRS
501.376 is hereby amended to read as follows:
11-10 501.376 1. Any
person who unlawfully kills or possesses a bighorn
11-11 sheep, mountain goat, elk, deer, pronghorn antelope [, mountain lion]
or
11-12 black bear without a valid tag is guilty of a gross
misdemeanor. This
11-13 subsection does not prohibit the killing of such an
animal if necessary to
11-14 protect the life or property of any person in
imminent danger of being
11-15 attacked by such an animal.
11-16 2. A tag issued for hunting any big game mammal
specified in
11-17 subsection 1 is not valid if knowingly used by a
person:
11-18 (a) Other than
the person specified on the tag;
11-19 (b) Outside of
the management area or other area specified on the tag;
11-20 (c) Outside of
the dates established by the commission for the lawful
11-21 taking of the big game mammal specified on the tag;
11-22 (d) Outside of
the hours set pursuant to NRS 503.140 for the lawful
11-23 hunting of the big game mammal specified on the tag;
or
11-24 (e) If the tag
was obtained by a false or fraudulent representation.
11-25 Sec. 32. NRS
501.383 is hereby amended to read as follows:
11-26 501.383 It is unlawful for any person maliciously to
tear down,
11-27 mutilate or destroy any sign, signboard or other
notice which has been
11-28 erected by the [division]
department or
through an agency of the
11-29 [division.] department.
11-30 Sec. 33. NRS
501.385 is hereby amended to read as follows:
11-31 501.385 Except as otherwise provided by specific
statute:
11-32 1. Any person who:
11-33 (a) Performs
an act or attempts to perform an act made unlawful or
11-34 prohibited by a provision of this Title;
11-35 (b) Willfully
fails to perform an act required of him by a provision of
11-36 this Title;
11-37 (c) Obstructs,
hinders, delays or otherwise interferes with any officer,
11-38 employee or agent of the [division]
department in the
performance of any
11-39 duty while enforcing or attempting to enforce any
provision of this Title;
11-40 (d) Violates
any order issued or regulation adopted by the commission
11-41 under the provisions of this Title; or
11-42 (e) Having
been granted a privilege or been licensed or permitted to do
11-43 any act under the provisions of this Title,
exercises the grant, license or
11-44 permit in a manner other than as specified,
11-45 is guilty of a misdemeanor.
11-46 2. Every person who is guilty of a misdemeanor
under this Title shall
11-47 be punished by a fine of not less than $50 nor more
than $500, or by
11-48 imprisonment in the county jail for not more than 6
months, or by both fine
11-49 and imprisonment.
12-1 Sec. 34. NRS
501.3855 is hereby amended to read as follows:
12-2 501.3855 1. In
addition to the penalties provided for the violation of
12-3 any of the provisions of this Title, every person
who unlawfully kills or
12-4 possesses a big game mammal, bobcat, swan or eagle
is liable for a civil
12-5 penalty of not less than $250 nor more than $5,000.
12-6 2. For the unlawful killing or possession of fish or
wildlife not
12-7 included in subsection 1, the court may order the
defendant to pay a civil
12-8 penalty of not less than $25 nor more than $1,000.
12-9 3. For hunting, fishing or trapping without a
valid license, tag or
12-10 permit, the court may order the defendant to pay a
civil penalty of not less
12-11 than $50 nor more than $250.
12-12 4. Every court, before whom a defendant is
convicted of unlawfully
12-13 killing or possessing any wildlife, shall order the
defendant to pay the civil
12-14 penalty in the amount stated in this section for
each mammal, bird or fish
12-15 unlawfully killed or possessed. The court shall fix
the manner and time of
12-16 payment.
12-17 5. The [division] department may attempt to collect all
penalties and
12-18 installments that are in default in any manner
provided by law for the
12-19 enforcement of a judgment.
12-20 6. Each court that receives money pursuant to
the provisions of this
12-21 section shall forthwith remit the money to the [division]
department which
12-22 shall deposit the money with the state treasurer for
credit to the wildlife
12-23 account in the state general fund.
12-24 Sec. 35. NRS
501.388 is hereby amended to read as follows:
12-25 501.388 1. The
commission may, in addition to any suspension,
12-26 revocation or other penalty imposed pursuant to any
other provision of this
12-27 Title:
12-28 (a) Revoke any
license of any person who is convicted of a violation of
12-29 NRS 503.050, and may refuse to issue any new license
to the convicted
12-30 person for any period not to exceed 5 years after
the date of the conviction;
12-31 and
12-32 (b) Revoke any
license of any person who is convicted of unlawfully
12-33 killing or possessing a bighorn sheep, mountain
goat, elk, deer, pronghorn
12-34 antelope
[, mountain lion] or black bear without a
valid tag, and may:
12-35 (1) Refuse
to issue any new license to the convicted person for any
12-36 period not to exceed 3 years; and
12-37 (2) Revoke
that person’s privilege to apply for any big game tag for a
12-38 period not to exceed 10 years.
12-39 2. The court in which the conviction is had
shall require the immediate
12-40 surrender of all such licenses and shall forward
them to the commission.
12-41 Sec. 36. NRS
501.389 is hereby amended to read as follows:
12-42 501.389 1. Except
for property described in NRS 501.3857,
12-43 equipment:
12-44 (a) Seized as
evidence in accordance with NRS 501.375; and
12-45 (b) Not
recovered by the owner within 1 year from the date of
seizure,
12-46 becomes the property of the [division.] department.
12-47 2. The [division] department shall either sell such equipment in
12-48 accordance with the regulations adopted pursuant to
subsection 5 of NRS
13-1 333.220 or retain such equipment for authorized use
by the [division.]
13-2 department. All money received from such
sales must be deposited with
13-3 the state treasurer for credit to the wildlife
account in the state general
13-4 fund.
13-5 3. Any person of lawful age and lawfully
entitled to reside in the
13-6 United States may purchase the equipment, whether a
prior owner or not.
13-7 Sec. 37. NRS
501.395 is hereby amended to read as follows:
13-8 501.395 1. The
[division] department may offer a reward for one or
13-9 more classes of wildlife, not to exceed $1,000, for
information leading to
13-10 the arrest and conviction of any person who
unlawfully kills or possesses
13-11 wildlife of the class specified. The reward must be
paid for each person so
13-12 arrested and convicted upon his conviction. The
reward must be distributed
13-13 equally among the persons who supplied the
information which led to the
13-14 arrest and conviction.
13-15 2. The commission may adopt such regulations as
are necessary to
13-16 carry out the provisions of this section.
13-17 Sec. 38. NRS
502.012 is hereby amended to read as follows:
13-18 502.012 Upon receipt of a copy of an order of the
juvenile division of
13-19 a district court, entered pursuant to NRS 62.229, to
revoke the license to
13-20 hunt of a child, the [division]
department shall
revoke the license. The
13-21 revocation of the license to hunt shall be deemed
effective as of the date of
13-22 the order. The [division]
department shall
retain the copy of the order.
13-23 Sec. 39. NRS
502.015 is hereby amended to read as follows:
13-24 502.015 1. For
the purpose of issuing and using resident licenses,
13-25 tags or permits pursuant to this chapter, a person
is considered to be a
13-26 resident of the State of Nevada if:
13-27 (a) He is a
citizen of, or is lawfully entitled to remain in, the United
13-28 States; and
13-29 (b) During the
6 months next preceding his application to the [division]
13-30 department for a license, tag or
permit, he:
13-31 (1) Was domiciled
in this state;
13-32 (2) Was
physically present in this state, except for temporary
13-33 absences; and
13-34 (3) Did not
purchase or apply for any resident license, tag or permit
13-35 to hunt, fish or trap in another state, country or province.
13-36 2. A person who is not domiciled in Nevada but
who is attending an
13-37 institution of higher learning in this state as a
full-time student is eligible
13-38 for a resident license, tag or permit if, during the
6 months next preceding
13-39 his application to the [division]
department for a
license, tag or permit, he:
13-40 (a) Was
physically present in Nevada, except for temporary trips
13-41 outside of the state; and
13-42 (b) Did not
purchase or apply for any resident license, tag or permit to
13-43 hunt, fish or trap in another state, country or
province.
13-44 3. A resident license, tag or permit issued by
this state is void if the
13-45 person to whom it was issued establishes his
domicile in and obtains any
13-46 privilege or entitlement conditional on residency
from another state,
13-47 country or province.
14-1 Sec. 40. NRS
502.020 is hereby amended to read as follows:
14-2 502.020 The [division] department shall prepare the licenses for
14-3 hunting, fishing and trapping, and shall deliver
such licenses to agents for
14-4 sale to the public.
14-5 Sec. 41. NRS
502.030 is hereby amended to read as follows:
14-6 502.030 1. Licenses
granting the privilege to hunt, fish or trap as
14-7 provided in this Title must be of such form as is
deemed necessary by the
14-8 [division,] department,
but must include the following information:
14-9 (a) The
holder’s name, address and description.
14-10 (b) The date
issued.
14-11 (c) The
expiration date thereof.
14-12 (d) The
correct designation as to whether a fishing, hunting or trapping
14-13 license.
14-14 (e) A
statement to be signed by the holder: “I, the signator holder in
14-15 signing this license, hereby state that I am
entitled to this license under the
14-16 laws of the State of Nevada and that no false
statement has been made by
14-17 me to obtain this license.”
14-18 2. The commission may provide rules and
regulations requiring an
14-19 applicant to exhibit proof of his identity and
residence. Such information
14-20 must be included on the license as is deemed
necessary by the [division.]
14-21 department.
14-22 3. The commission may provide rules and
regulations establishing a
14-23 permanent licensing system. Such system may
authorize the use of
14-24 applications for the issuance of temporary hunting,
fishing and trapping
14-25 licenses for residents and the issuance of annual
licenses therefrom. The
14-26 system may provide for the automatic renewal and validation
of the annual
14-27 license.
14-28 4. The commission may provide regulations
covering the method of
14-29 applying for, the term and expiration date of any
license required by this
14-30 Title to be issued without the payment of a fee.
14-31 Sec. 42. NRS
502.035 is hereby amended to read as follows:
14-32 502.035 Licenses, stamps and permits granting the
privilege to hunt,
14-33 fish or trap during the open season as provided in
this Title must be issued
14-34 by the [division,] department, upon payment of the fees required
under this
14-35 Title.
14-36 Sec. 43. NRS
502.040 is hereby amended to read as follows:
14-37 502.040 1. The
commission shall adopt regulations regarding:
14-38 (a) The
standards to be met by license agents in the performance of their
14-39 duties;
14-40 (b) The
requirements for the furnishing of surety bonds by license
14-41 agents;
14-42 (c) The manner
of remitting money to the [division;] department; and
14-43 (d) The manner
of accounting for licenses, tags, stamps and permits
14-44 received, issued, sold or returned.
14-45 A license agent’s authority may be revoked by the [division]
department
14-46 for his failure to abide by the regulations of the
commission. The agent
14-47 may appeal to the commission for reinstatement.
14-48 2. A license agent designated by the [division]
department is
14-49 responsible for the correct issuance of all
licenses, tags, stamps and permits
15-1 entrusted to him, and, so far as he is able, for
ensuring that no licenses are
15-2 issued upon the false statement of an applicant.
Before issuing any license,
15-3 the license agent shall satisfy himself of the
identity of the applicant and
15-4 the place of his residence, and may require any
applicant to present proof
15-5 of his identity and residence.
15-6 3. A license agent is responsible to the [division]
department for the
15-7 collection of the correct and required fee, for the
safeguarding of the
15-8 money collected by him, and for the prompt remission
to the [division]
15-9 department for deposit in accordance
with NRS 501.356 of all money
15-10 collected. The [division]
department shall
furnish to the license agent
15-11 receipts for all money which he remits to it. A
license agent shall furnish a
15-12 receipt to the [division]
department of all
licenses, tags, stamps or permits
15-13 which he receives from it.
15-14 4. For each license, tag, stamp or permit he
sells, a license agent is
15-15 entitled to receive a service fee of:
15-16 (a) One dollar
for each license, tag or permit, in addition to the fee for
15-17 the license, tag or permit; and
15-18 (b) Ten cents
for each stamp or similar document issued which does not
15-19 require completion by the agent.
15-20 5. Any person authorized to enforce this chapter
may inspect, during
15-21 the license agent’s normal business hours, any
record or document of the
15-22 agent relating to the issuance of any such license,
tag or permit.
15-23 6. All money collected by a license agent,
except service fees collected
15-24 pursuant to subsection 4, is public money of the
State of Nevada, and the
15-25 state has a prior claim for the amount of money due
it upon all assets of the
15-26 agent over all creditors, assignees or other
claimants. The use of this
15-27 money for private or business transactions is a
misuse of public funds and
15-28 punishable under the laws provided.
15-29 Sec. 44. NRS
502.060 is hereby amended to read as follows:
15-30 502.060 1. A
person applying for and procuring a license, as
15-31 provided in this chapter, shall give to the license
agent his name and
15-32 residence address, which must be entered by the
license agent on the
15-33 license and stub, together with the date of issuance
and a description of the
15-34 person. If a child under the age of 18 years is
applying for a license to hunt,
15-35 the child's parent or legal guardian must sign the
application and an
15-36 attached statement acknowledging that the parent or
legal guardian has
15-37 been advised of the provisions of NRS 41.472.
15-38 2. Except as otherwise provided in subsection 3,
any person who
15-39 makes any false statement or furnishes false
information to obtain any
15-40 license, tag or permit issued pursuant to the
provisions of this Title is guilty
15-41 of a misdemeanor.
15-42 3. Any person who makes any false statement or
furnishes false
15-43 information to obtain any big game tag issued
pursuant to the provisions of
15-44 this Title is guilty of a gross misdemeanor.
15-45 4. It is unlawful for any person to hunt, fish
or trap using any hunting,
15-46 fishing or trapping license which is invalid by
reason of expiration or a
15-47 false statement made to obtain the license.
16-1 5. As used in this section, “big game tag” means
a tag permitting a
16-2 person to hunt any species of pronghorn antelope,
bear, deer, mountain
16-3 goat, [mountain
lion,] bighorn sheep
or elk.
16-4 Sec. 45. NRS
502.063 is hereby amended to read as follows:
16-5 502.063 The [division] department shall, upon request of the welfare
16-6 division of the department of human resources,
submit to the welfare
16-7 division the name, address and social security
number of each person who
16-8 holds a license or permit to hunt, fish or trap that
does not expire less than
16-9 6 months after it is issued, or a license to
practice commercial taxidermy,
16-10 and any pertinent changes in that information.
16-11 Sec. 46. NRS
502.070 is hereby amended to read as follows:
16-12 502.070 1. The
[division] department shall issue to any member of
16-13 the Armed Forces of the United States who has been
assigned to permanent
16-14 duty, as opposed to temporary or casual duty, within
the State of Nevada
16-15 all necessary hunting or fishing licenses, tags or
permits for fishing,
16-16 hunting or trapping in the State of Nevada. A like
privilege must be
16-17 extended to spouses and dependents, under the age of
21, of such members
16-18 of the Armed Forces. All such licenses, tags or
permits must be issued on
16-19 the same terms and conditions and at the same costs
as licenses, tags or
16-20 permits are issued to Nevada residents, except that
the 6 months’ residence
16-21 requirement must be waived.
16-22 2. The issuance of all such licenses, tags and
permits must be made by
16-23 application upon a form provided for that purpose by
the [division.]
16-24 department. The application must include
such proof of assignment to
16-25 permanent duty within the State of Nevada as may be
deemed necessary by
16-26 the [division] department to determine whether or not an
applicant is
16-27 actually so assigned.
16-28 Sec. 47. NRS
502.072 is hereby amended to read as follows:
16-29 502.072 The [division] department shall issue without charge any
16-30 license authorized under the provisions of this
chapter, upon satisfactory
16-31 proof of the requisite facts to any bona fide
resident of the State of Nevada
16-32 who has incurred a service-connected disability
which is considered to be
16-33 50 percent or more by the Department of Veterans
Affairs and has received
16-34 upon severance from service an honorable discharge
or certificate of
16-35 satisfactory service from the Armed Forces of the
United States.
16-36 Sec. 48. NRS
502.075 is hereby amended to read as follows:
16-37 502.075 The [division] department shall issue to a blind person, as
16-38 defined in subsection 4 of NRS 361.085, a hunting
license which:
16-39 1. Authorizes a person selected by the blind
person to hunt on his
16-40 behalf if:
16-41 (a) The person
selected is a resident of the State of Nevada and
16-42 possesses a valid Nevada hunting license; and
16-43 (b) The blind
person is in the company of or in the immediate area of
16-44 the person selected.
16-45 2. Is issued pursuant and subject to regulations
prescribed by the
16-46 commission.
16-47 3. Contains the word “Blind” printed on the face
of the license.
17-1 Sec. 49. NRS
502.077 is hereby amended to read as follows:
17-2 502.077 1. The
[division] department shall issue special fishing
17-3 permits to the administrative head of:
17-4 (a) The
Nevada mental health institute;
17-5 (b) Southern
Nevada adult mental health services;
17-6 (c) The
Northern Nevada children’s home;
17-7 (d) The
Southern Nevada children’s home;
17-8 (e) The
Nevada youth training center;
17-9 (f) The
Caliente youth center;
17-10 (g) The Spring
Mountain Youth Camp;
17-11 (h) The China
Spring Youth Camp;
17-12 (i) Any facility
which provides temporary foster care for children who
17-13 are not delinquent; and
17-14 (j) Such other
public or charitable institutions or organizations as are
17-15 designated by regulations adopted by the commission,
17-16 for use only by the members, patients or children of
such institutions or
17-17 organizations.
17-18 2. The permits:
17-19 (a) Must be in
the possession of the officer or employee who is
17-20 supervising a member, patient or child while he is
fishing.
17-21 (b) Authorize
a member, patient or child to fish in a legal manner if in
17-22 the company of an officer or employee of one of the
institutions listed in
17-23 this section, or of an organization provided for by
regulation, if the officer
17-24 or employee has a valid Nevada fishing license.
17-25 (c) Must be
issued pursuant and subject to regulations prescribed by the
17-26 commission.
17-27 (d) Must
contain the words “Nevada Special Fishing Permit” and the
17-28 number of the permit printed on the face of the
permit.
17-29 (e) May
authorize no more than 15 members, patients or children,
17-30 respectively, to fish.
17-31 3. Each institution or organization shall pay to
the [division]
17-32 department an annual fee of $15 for
each permit issued to the institution or
17-33 organization pursuant to this section. The [division]
department shall not
17-34 issue more than two permits per year to each
institution or organization.
17-35 4. It is unlawful for any person other than a member,
patient or child in
17-36 one of these organizations or institutions to fish
with a permit issued by the
17-37 [division] department
pursuant to this section.
17-38 Sec. 50. NRS
502.110 is hereby amended to read as follows:
17-39 502.110 1. Except
as otherwise provided in subsection 2, not more
17-40 than one license of each class may be issued to any
one person during each
17-41 licensing period.
17-42 2. If an unexpired license is lost or stolen,
the person to whom the
17-43 license was issued may receive another license of
the same class by making
17-44 application and certifying under oath that the
license was lost or stolen and
17-45 by paying:
17-46 (a) If the
application is made to an authorized agent, the annual fee for
17-47 the license; or
17-48 (b) If the
application is made to the [division,] department, a fee of $5.
18-1 Sec. 51. NRS
502.115 is hereby amended to read as follows:
18-2 502.115 1. If
the [division] department receives a copy of a court
18-3 order issued pursuant to NRS 425.540 that provides
for the suspension of
18-4 all professional, occupational and recreational
licenses, certificates and
18-5 permits issued to a person who is the holder of a
license or permit to hunt,
18-6 fish or trap that does not expire less than 6 months
after it is issued, or a
18-7 license to practice commercial taxidermy, the [division]
department shall
18-8 deem the license or permit issued to that person to
be suspended at the end
18-9 of the 30th day after the date on which the court
order was issued unless
18-10 the [division] department receives a letter issued to the
holder of the
18-11 license or permit by the district attorney or other
public agency pursuant to
18-12 NRS 425.550 stating that the holder of the license
or permit has complied
18-13 with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS
18-14 425.560.
18-15 2. The [division] department shall reinstate a license or permit
to hunt,
18-16 fish or trap or a license to practice commercial
taxidermy that has been
18-17 suspended by a district court pursuant to NRS
425.540 if the [division]
18-18 department receives a letter issued by
the district attorney or other public
18-19 agency pursuant to NRS 425.550 to the person whose
license or permit was
18-20 suspended stating that the person whose permit or
license was suspended
18-21 has complied with the subpoena or warrant or has
satisfied the arrearage
18-22 pursuant to NRS 425.560.
18-23 Sec. 52. NRS
502.142 is hereby amended to read as follows:
18-24 502.142 1. The
commission shall adopt regulations to establish a
18-25 program pursuant to which the [division]
department will
issue special
18-26 incentive elk tags. The regulations must:
18-27 (a) Set forth
the application and annual review processes for the
18-28 issuance of special incentive elk tags.
18-29 (b) Require
that an application for a special incentive elk tag must be
18-30 accompanied by:
18-31 (1) The fee
charged for an elk tag pursuant to NRS 502.250; and
18-32 (2) Any
administrative fee charged in connection with the issuance of
18-33 an elk tag pursuant to this chapter.
18-34 (c) Provide
for the issuance of a special incentive elk tag only to a
18-35
person who:
18-36 (1) Lawfully
owns, leases or manages private land within an actual
18-37 elk use area; and
18-38 (2) If that
private land blocks reasonable access to adjacent public
18-39 land, provides reasonable access through the private
land to allow a person
18-40 or hunting party possessing a valid elk tag to hunt
elk on the adjacent
18-41 public land.
18-42 (d) Establish
criteria for the issuance of special incentive elk tags based
18-43 upon:
18-44 (1) The
number of elk using private land controlled by the applicant;
18-45 (2) The
number of days the elk use private lands of the applicant in a
18-46 calendar year;
18-47 (3) The
total number of elk; and
19-1 (4) Limiting
the number of special incentive elk tags issued in each
19-2 calendar year to not more than one-half of the bull
elk tags issued in that
19-3 calendar year,
19-4 within the actual elk use area in the unit or units
of the management area or
19-5 areas in which the private land is located.
19-6 (e) Provide
that special incentive elk tags are valid for both sexes of elk.
19-7 (f) Prohibit
a person who has, within a particular calendar year, applied
19-8 for or received compensation pursuant to NRS 504.165
as reimbursement
19-9 for damage caused by elk to private land from
applying, within the same
19-10 calendar year, for a special incentive elk tag for
the same private land.
19-11 (g) Allow a
group of owners, lessees and managers of private land to
19-12 qualify for a special incentive elk tag for their
combined lands.
19-13 (h) Ensure
that the issuance of special incentive elk tags will not result
19-14 in the number of bull elk tags issued in any year
being reduced to a number
19-15 below the quota for bull elk tags established by the
commission for 1997.
19-16 (i) Provide
that a person to whom a special incentive elk tag is issued by
19-17 the commission pursuant to this section may:
19-18 (1) If he
holds a valid hunting license issued by this state, use the
19-19 special incentive elk tag himself; or
19-20 (2) Sell the
special incentive elk tag to another person who holds a
19-21 valid hunting license issued by this state at any
price upon which the
19-22 parties mutually agree.
19-23 (j) Require
that a person who is issued a special incentive elk tag must
19-24 hunt:
19-25 (1) During
the open season for elk.
19-26 (2) In the
unit or units within the management area or areas in which
19-27 the private land is located.
19-28 (k) Provide
for the appointment of an arbitration panel to resolve
19-29 disputes between persons who apply for special
incentive elk tags and the
19-30 [division] department
regarding the issuance of such tags.
19-31 2. As used in this section, “actual elk use
area” means an area in which
19-32 elk live, as identified and designated by the [division.] department.
19-33 Sec. 53. NRS
502.143 is hereby amended to read as follows:
19-34 502.143 1. The
commission may adopt regulations establishing a
19-35 program pursuant to which the [division]
department may issue
special
19-36 incentive deer tags to owners, lessees and managers
of private land in this
19-37 state for use on the private land of such owners,
lessees or managers.
19-38 2. The regulations must:
19-39 (a) Require
that the owner, lessee or manager who is lawfully in control
19-40 of private land must, before he is issued a special
incentive deer tag:
19-41 (1) Allow
the hunting and viewing of wildlife on his land by the
19-42 general public; or
19-43 (2) Enter
into a cooperative agreement with the [division] department
19-44 to improve deer or other wildlife habitat on his
land.
19-45 (b) Allow the
owner, lessee or manager to sell any special incentive
19-46 deer tag that he is issued pursuant to the program.
19-47 Sec. 54. NRS
502.145 is hereby amended to read as follows:
19-48 502.145 1. An
owner, lessee or manager of private land in this state
19-49 may apply to the [division]
department for the
issuance to him of one or
20-1 more deer or antelope tags as provided in this
section. The tags must be
20-2 issued as compensation for damage caused by deer or
antelope to the
20-3 private land or to any improvements thereon.
20-4 2. An application made pursuant to this section
must:
20-5 (a) Be made
in the form prescribed by the [division;] department;
20-6 (b) Establish
to the satisfaction of the [division] department that the
20-7 applicant has sustained damage of the kind described
in subsection 1; and
20-8 (c) Be
accompanied by the fee charged for the tags pursuant to NRS
20-9 502.250 and any fee charged for administrative
costs.
20-10 3. The [division] department shall review the application, may
20-11 conduct any investigation it deems appropriate and,
if it approves the
20-12 application, shall issue to the applicant not more
than one tag for each 50
20-13 animals present on the private land owned, leased or
managed by the
20-14 applicant. Both deer and antelope tags may be issued
to an applicant. Not
20-15 more than 200 tags may be issued annually by the [division]
department
20-16 pursuant to this section.
20-17 4. A tag issued as compensation for damage
pursuant to this section:
20-18 (a) May be
used by the owner, lessee or manager of the private land if
20-19 he holds a valid Nevada hunting license, or may be
sold by that person to
20-20 any holder of a valid Nevada hunting license at any
price mutually agreed
20-21 upon;
20-22 (b) Except as
otherwise provided in subparagraph (2) of paragraph (c)
20-23 of this subsection, must be used on the private land
or in the unit or units
20-24 within the management area or areas in which the
private land is located;
20-25 and
20-26 (c) May only
be used during:
20-27 (1) The open
season for the species for which the tag is issued; or
20-28 (2) A
special season prescribed by regulation of the commission for
20-29 the use of such tags only on the private land.
20-30 5. As a condition of receiving a tag from the [division]
department
20-31 pursuant to this section, an owner, lessee or
manager who is lawfully in
20-32 control of private land that blocks access to
adjacent public land must
20-33 provide access to the public land during the hunting
season to a person or
20-34 hunting party with a tag for the purpose of hunting
on the public land.
20-35 6. Insofar as they are consistent with this
section, the provisions of this
20-36 Title and of the regulations adopted by the
commission apply to the
20-37 issuance and use of tags pursuant to this section.
The commission may
20-38 adopt any regulations it deems necessary to carry
out the provisions of this
20-39 section.
20-40 7. The [administrator] director shall, not later than the fifth
calendar
20-41 day of each regular session of the legislature,
submit to the director of the
20-42 legislative counsel bureau for distribution to the
legislature a report
20-43 summarizing the activities of the [division]
department taken
pursuant to
20-44 the provisions of this section during the preceding
biennium, including any
20-45 problems associated with the issuance and use of
tags authorized by this
20-46 section and any recommendations for correcting those
problems.
20-47 Sec. 55. NRS
502.147 is hereby amended to read as follows:
20-48 502.147 1. The
[division] department shall make available restricted
20-49 nonresident deer tags in an amount not to exceed the
amount set forth in
21-1 this section. If the number of persons who apply for
restricted nonresident
21-2 deer tags is greater than the number of tags to be
issued, the [division]
21-3 department shall conduct a drawing to
determine the persons to whom to
21-4 issue the tags.
21-5 2. The number of restricted nonresident deer
tags must:
21-6 (a) Be
subtracted from the quota of rifle deer tags for nonresidents; and
21-7 (b) Not
exceed 16 percent of the deer tags issued to nonresidents during
21-8 the previous year or 400 tags, whichever is greater.
21-9 3. The number of restricted nonresident deer
tags issued for any
21-10 management area or unit must not exceed 37.5
percent, rounded to the
21-11 nearest whole number, of the rifle deer tags issued
to nonresidents during
21-12 the previous year for that management area or unit.
21-13 4. The [division] department shall mail the tags to the
successful
21-14 applicants.
21-15 Sec. 56. NRS
502.148 is hereby amended to read as follows:
21-16 502.148 1. Except
as otherwise provided in this subsection, any
21-17 person who wishes to apply for a restricted
nonresident deer tag pursuant to
21-18 NRS 502.147 must complete an application on a form
prescribed and
21-19 furnished by the [division.]
department. A
licensed master guide may
21-20 complete the application for an applicant. The
application must be signed
21-21 by the applicant and the master guide who will be
responsible for
21-22 conducting the restricted nonresident deer hunt.
21-23 2. The application must be accompanied by a fee
for the tag of [$300,]
21-24 $305, plus any other fees which
the [division] department may require.
21-25 The commission shall establish the time limits and
acceptable methods for
21-26 submitting such applications to the [division.] department.
21-27 3. Any application for a restricted nonresident
deer tag which contains
21-28 an error or omission must be rejected and the fee
for the tag returned to the
21-29 applicant.
21-30 4. A person who is issued a restricted
nonresident deer tag is not
21-31 eligible to apply for any other deer tag issued in
this state for the same
21-32 hunting season as that restricted nonresident deer
hunt.
21-33 5. All fees collected pursuant to this section must
be deposited with the
21-34 state treasurer for credit to the wildlife account
in the state general fund.
21-35 6. The
department shall account separately for an amount equal to
21-36 $5 per fee
collected pursuant to subsection 2 and shall only use such
21-37 money for the
control of predatory animals, including, without
21-38 limitation, birds
that are predatory.
21-39 Sec. 57. NRS
502.160 is hereby amended to read as follows:
21-40 502.160 1. The
[division] department shall designate the form of the
21-41 tag, requiring such numbering or other manner of
identification as is
21-42 necessary to designate the name or hunting license
number of the person to
21-43 whom it is issued. Each tag must show the game for
which it may be used,
21-44 the year
[,] and, whenever necessary, the management area in
which it may
21-45 be used.
21-46 2. The commission may adopt any regulations
necessary relative to the
21-47 manner of qualifying and applying for, using,
completing, attaching, filling
21-48 out, punching, inspecting, validating or reporting
such tags. It is unlawful
21-49 for any person to fail to abide by any such
regulation.
22-1 Sec. 58. NRS
502.175 is hereby amended to read as follows:
22-2 502.175 1. The
[division] department shall contract with a private
22-3 entity to conduct a drawing and to award and issue
the tags for a special
22-4 season. The drawing must be conducted using a
computer program that
22-5 awards tags based on a random order of selection.
The contract must
22-6 provide for the acquisition by the [division]
department of the
ownership
22-7
of the computer program at the end of the
term of the contract. The
22-8 [division] department
shall solicit bids for the contract pursuant to the
22-9 provisions of chapter 333 of NRS.
22-10 2. The [division] department shall:
22-11 (a) Provide to
the private entity to whom a contract is awarded pursuant
22-12 to the provisions of subsection 1 any applications
for tags, documents or
22-13 other information required by the private entity to
conduct the drawing;
22-14 and
22-15 (b) Otherwise
cooperate with the private entity in conducting the
22-16 drawing.
22-17 3. As soon as practicable after the drawing is
completed, the private
22-18 entity shall submit the results of the drawing to
the [division.] department.
22-19 4. If no private entity qualifies for the
awarding of the contract
22-20 specified in subsection 1, the [division]
department shall
conduct a
22-21 drawing to award tags for a special season in the
manner set forth in the
22-22 regulations adopted by the commission pursuant to
the provisions of
22-23 subsection 5.
22-24 5. The commission shall adopt regulations
necessary to carry out the
22-25 provisions of this section, including regulations
that prescribe the manner
22-26 in which the [division]
department must
conduct a drawing specified in
22-27 subsection 1 if no private entity qualifies for the
awarding of the contract.
22-28 Sec. 59. NRS
502.210 is hereby amended to read as follows:
22-29 502.210 A duplicate tag may not be issued except as
follows:
22-30 1. Upon receiving an affidavit of an applicant
that a tag previously
22-31 issued has been lost or destroyed and upon payment
of a fee of $5, the
22-32 [division] department
shall issue a duplicate tag to the applicant.
22-33 2. Upon receiving an affidavit of an applicant
that he has not received
22-34 the tag for which he applied and paid the required
fee, the [division]
22-35 department may, not earlier than 7 days
after the date on which the tag
was mailed, issue a duplicate tag to the applicant upon payment of a fee
of $5.
22-36 The provisions of this section do not affect the
issuance of a replacement
22-37 tag pursuant to NRS 502.215.
22-38 Sec. 60. NRS
502.215 is hereby amended to read as follows:
22-39 502.215 1. If
any person who possesses a tag to hunt a big game
22-40 mammal kills an animal that is believed to be
diseased and unfit for human
22-41 consumption, he shall place his tag on the carcass in
the manner provided
22-42 by law or regulation and provide the whole carcass
for inspection by an
22-43 authorized representative of the [division]
department or, at
his own
22-44 expense, by a veterinarian licensed to practice in
Nevada. Except as
22-45 otherwise provided in this subsection, the holder of
the tag who provides
22-46 the carcass for such an inspection is entitled, if
the carcass is diseased and
22-47 unfit for human consumption, to receive at no charge
another tag as a
23-1
replacement for the one he placed on the
carcass pursuant to this
23-2 subsection. The holder shall choose whether the
replacement tag is to be
23-3 issued for the current hunting season or for the
next similar season in the
23-4 following year. If the holder chooses to retain the
head, antlers, carcass,
23-5 horns or hide of the animal, and the authorized
representative of the
23-6 [division] department
approves the retention, the holder shall be deemed to
23-7 waive any claim he may have had for the issuance of
a replacement tag.
23-8 2. A replacement tag issued pursuant to
subsection 1 for the current
23-9 hunting season is valid for:
23-10 (a) The entire
remaining portion of the season for which the original tag
23-11 was issued; or
23-12 (b) If the
original tag was issued for a period of a split season, the entire
23-13 remaining portion of the period for which the
original tag was issued or the
23-14 entire following period, if any.
23-15 3. A replacement tag issued pursuant to
subsection 1 must be:
23-16 (a) Issued for
the same unit for which the original tag was issued.
23-17 (b) Used in
the same manner as or pursuant to the same conditions or
23-18 restrictions applicable to the original tag.
23-19 4. The commission shall adopt by regulation:
23-20 (a) A
procedure for the inspection and verification of the condition of
23-21 such a carcass;
23-22 (b) Requirements
for the disposal of such a carcass if it is determined to
23-23 be diseased and unfit for human consumption;
23-24 (c) Requirements
for the disposition of the hide and the antlers or horns
23-25 of the animal; and
23-26 (d) Except as
otherwise provided in subsection 2, a procedure for the
23-27 issuance of a replacement tag pursuant to this
section.
23-28 5. For the purposes of this section, “split
season” means a season
23-29 which is divided into two or more periods.
23-30 Sec. 61. NRS
502.230 is hereby amended to read as follows:
23-31 502.230 1. A
nonresident deer tag for regular season may be issued
23-32 to any nonresident of this state or to the immediate
members of such
23-33 nonresident’s family, as a bona fide owner of land
within this state, for the
23-34 privilege to hunt upon that land to which he has
title, if not less than 75
23-35 percent of all land belonging to him in the State of
Nevada and upon which
23-36 he proposes to hunt is open to the public for
hunting.
23-37 2. Such nonresident may hunt deer during the
same periods and subject
23-38 to the same limitations as may be allowed or imposed
upon residents of
23-39 Nevada in connection with such hunting if such
nonresident has first
23-40 obtained a nonresident hunting license.
23-41 3. A nonresident deer tag for the regular season
may be issued by the
23-42 [division] department
only upon proof of the applicant’s title to certain
23-43 lands within this state. The commission shall adopt
and promulgate
23-44 regulations establishing requirements for obtaining
tags, including a
23-45 determination that the land proposed for hunting is
deer habitat.
23-46 4. Such nonresident deer tag for the regular
season may be issued only
23-47 upon payment of the regular nonresident fee and is
valid for use only on
23-48 the land owned and described, and such nonresident
deer tag for the regular
23-49 season must indicate “nonresident landowner.”
24-1 Sec. 62. NRS
502.240 is hereby amended to read as follows:
24-2 502.240 The [division] department shall issue annual licenses and
24-3 limited permits:
24-4 1. To any person who has not attained his 16th
birthday and who has
24-5 been a bona fide resident of the State of Nevada for
6 months immediately
24-6 preceding his application for a license, upon
payment of $5 for an annual
24-7 trapping license.
24-8 2. Except as otherwise provided in NRS 502.245
and 504.390, to any
24-9 person who has attained his 16th birthday and who
has been a bona fide
24-10 resident of the State of Nevada for 6 months
immediately preceding his
24-11 application for a license, upon the payment of:
24-12 For a fishing license........................ $20
24-13 For a 1-day permit to fish................... 6
24-14 For each consecutive day added to a 1-day permit to
fish....................................... 2
24-15 For a hunting license......................... 23
24-16 For a combined hunting and fishing license...................................................... 38
24-17 For a trapping license........................ 30
24-18 For a fur dealer’s license................... 50
24-19 For an annual master guide’s license 250
24-20 For an annual subguide’s license....... 75
24-21 3. To any person who has attained his 12th
birthday but who has not
24-22 attained his 16th birthday, and who is not a bona
fide resident of the State
24-23 of Nevada, upon the payment of $8 for an annual
fishing license, except for
24-24 a fishing license to fish in the reciprocal waters
of the Colorado River,
24-25 Lake Mead and Lake Mohave, which annual license must
cost a sum
24-26 agreed upon by the commission and the Arizona Game
and Fish
24-27 Commission, but not to exceed $30.
24-28 4. Except as otherwise provided in subsection 3,
to any person who is
24-29 not a bona fide resident of the State of Nevada,
upon the payment of:
24-30 For a fishing license, except for a fishing license
to fish in the
24-31 reciprocal waters of the Colorado River, Lake Mead
and Lake
24-32 Mohave, which license must cost a sum agreed upon by
the
24-33 commission and the Arizona Game and Fish Commission,
but not
24-34 to exceed $30............................ $50
24-35 For a 1-day permit to fish......... 11
24-36 For each consecutive day added to a 1-day permit to
fish..................... 4
24-37 For a hunting license.............. 110
24-38 For an annual trapper’s license 150
24-39 For a fur dealer’s license........ 100
24-40 For an annual master guide’s license........................................... 500
24-41 For an annual subguide’s license 150
24-42 For a 1-day permit to hunt upland game and waterfowl......................... 15
24-43 For each consecutive day added to a 1-day permit to
hunt
24-44 upland game and waterfowl........... 5
24-45 5. To any person, without regard to residence,
upon the
24-46 payment of:
24-47 For a noncommercial license for the possession of
live
24-48 wildlife........................................ $5
24-49 For a commercial or private shooting preserve........................... 100
25-1 For a commercial license for the possession of live
wildlife............... 100
25-2 For a live bait dealer’s permit... 35
25-3 For a competitive field trials permit.............................................. 25
25-4 For a permit to train dogs or falcons.............................................. 5
25-5 For a 1-year falconry license..... 30
25-6 For a 3-year falconry license..... 75
25-7 For an importation permit........... 5
25-8 For an import eligibility permit.. 25
25-9 For an exportation permit........... 5
25-10 For any other special permit issued by the [division,]
department, a fee
not
25-11 to exceed $100 set by the commission.
25-12 Sec. 63. NRS
502.245 is hereby amended to read as follows:
25-13 502.245 1. The
[division] department shall issue any hunting or
25-14 fishing license or combined hunting and fishing
license authorized under
25-15 the provisions of this chapter, upon proof
satisfactory of the requisite facts
25-16 and payment of the applicable fee, to any person who
has resided in this
25-17 state:
25-18 (a) For the
6-month period immediately preceding the date of his
25-19 application for a license and:
25-20 (1) Has a
severe physical disability; or
25-21 (2) Has
attained his 12th birthday but has not attained his 16th
25-22 birthday; or
25-23 (b) Continuously
for 5 years immediately preceding the date of this
25-24 application for a license and is 65 years of age or
older.
25-25 2. The [division] department shall charge and collect for such
a:
25-26 Hunting license................................. $4
25-27 Fishing license.................................... 4
25-28 Combined hunting and fishing license.. 7
25-29 3. For the purposes of this section, “severe
physical disability” means
25-30 a physical disability which materially limits the
person’s ability to engage
25-31 in gainful employment.
25-32 Sec. 64. NRS
502.250 is hereby amended to read as follows:
25-33 502.250 1. Except
as otherwise provided in this section, the
25-34 following fees must be charged for tags:
25-35 Resident deer tag for regular season [$15] $20
25-36 Nonresident and alien deer tag for regular season................................... [60] 65
25-37 Resident antelope tag................. [50] 55
25-38 Resident elk tag..................... [100] 105
25-39 Resident bighorn sheep tag.... [100] 105
25-40 Resident mountain goat tag............ [100
25-41 Resident mountain lion tag........ 25] 105
25-42 2. Other resident big game tags for special
seasons must not exceed
25-43 $50. Other nonresident big game tags for special
seasons must not exceed
25-44 $1,000.
25-45 3. Tags determined to be necessary by the
commission for other
25-46 species pursuant to NRS 502.130 must not exceed
$100.
25-47 4. A fee not to exceed $10 may be charged for
processing an
25-48 application for a tag other than an elk tag. A fee
of not less than $5 but not
25-49 more than $15 must be charged for processing an
application for an elk tag,
26-1 $5 of which must be deposited with the state
treasurer for credit to the
26-2 wildlife account in the state general fund and used
for the prevention and
26-3 mitigation of damage caused by elk or game mammals
not native to this
26-4 state.
26-5 5. The commission may accept sealed bids for or
auction not more
26-6 than 15 big game tags and not more than 5 wild
turkey tags each year. To
26-7 reimburse the [division]
department for the
cost of managing wildlife and
26-8 administering and conducting the bid or auction, not
more than 18 percent
26-9 of the total amount of money received from the bid
or auction may be
26-10 deposited with the state treasurer for credit to the
wildlife account in the
26-11 state general fund. Any amount of money received
from the bid or auction
26-12 that is not so deposited must be deposited with the
state treasurer for credit
26-13 to the wildlife heritage trust account in the state
general fund in accordance
26-14 with the provisions of NRS 501.3575.
26-15 6. The commission may by regulation establish an
additional drawing
26-16 for big game tags, which may be entitled the
partnership in wildlife
26-17 drawing. To reimburse the [division]
department for the
cost of managing
26-18 wildlife and administering and conducting the
drawing, not more than 18
26-19 percent of the total amount of money received from
the drawing may be
26-20 deposited with the state treasurer for credit to the
wildlife account in the
26-21 state general fund. Except as otherwise provided by
regulations adopted by
26-22 the commission pursuant to subsection 7, the money
received by the
26-23 [division] department
from applicants in the drawing who are not awarded
26-24 big game tags must be deposited with the state
treasurer for credit to the
26-25 wildlife heritage trust account in accordance with
the provisions of NRS
26-26 501.3575.
26-27 7. The commission may adopt regulations which
authorize the return
26-28 of all or a portion of any fee collected from a
person pursuant to the
26-29 provisions of this section.
26-30 8. The
department shall account separately for an amount equal to
26-31 $5 per fee
collected for a tag pursuant to this section and use that money
26-32 only for the
management of predatory animals, including, without
26-33 limitation, birds
that are predatory.
26-34 Sec. 65. NRS
502.255 is hereby amended to read as follows:
26-35 502.255 The [division] department shall account separately for the
26-36 money received from fees for processing applications
for tags and use that
26-37 money only for all of the [division’s]
department’s direct
and indirect costs
26-38 associated with the system of applications and
drawings for, and the
26-39 issuance of, tags.
26-40
Sec. 66. NRS
502.300 is hereby amended to read as follows:
26-41 502.300 1. Except
as otherwise provided in subsection 2, it is
26-42 unlawful for any person to hunt any migratory game
bird, except jacksnipe,
26-43 coot, gallinule, western mourning dove, white-winged
dove and band-
26-44 tailed pigeon, unless at the time he is hunting he
carries on his person an
26-45 unexpired state duck stamp validated by his
signature in ink across the face
26-46 of the stamp.
26-47 2. The provisions of subsection 1 do not apply
to a person who:
26-48 (a) Is under
the age of 12 years; or
26-49 (b) Is 65
years of age or older.
27-1 3. Unexpired duck stamps must be sold for a fee
of not more than $5
27-2 each by the [division] department and by persons authorized by the
27-3 [division] department
to sell hunting licenses. The commission shall
27-4 establish the price to be charged by the [division]
department or agents
of
27-5 the [division] department for expired duck stamps, and the
fee for
27-6 unexpired duck stamps within the limit provided.
27-7 4. The [division] department shall determine the form of the
stamps.
27-8 Sec. 67. NRS
502.310 is hereby amended to read as follows:
27-9 502.310 All money from the sale of state duck stamps
must be
27-10 deposited with the state treasurer for credit to the
wildlife account in the
27-11 state general fund. The [division]
department shall
maintain separate
27-12 accounting records for the receipt and expenditure
of money from the sale
27-13 of state duck stamps. An amount not to exceed 10 percent
of that money
27-14 may be used to reimburse the [division]
department for the
cost of
27-15 administering the state duck stamp programs. This
amount is in addition to
27-16 compensation allowed persons authorized to issue and
sell licenses.
27-17 Sec. 68. NRS
502.322 is hereby amended to read as follows:
27-18 502.322 1. Before
the [division] department may undertake any
27-19 project using money from the sale of state duck
stamps, it shall analyze the
27-20 project and provide the commission with
recommendations as to the need
27-21 for the project and its feasibility.
27-22 2. Money from the sale of state duck stamps must
be used for projects
27-23 approved by the commission for protection and
propagation of migratory
27-24 game birds, and for the acquisition, development and
preservation of
27-25 wetlands in Nevada.
27-26 Sec. 69. NRS
502.324 is hereby amended to read as follows:
27-27 502.324 The [division] department shall, not later than the 5th
27-28 calendar day of each regular session of the
legislature, submit to [it] the
27-29 legislature a report summarizing any
projects undertaken, receipt and
27-30 expenditure of money , and public benefits achieved by the program
for the
27-31 sale of state duck stamps.
27-32 Sec. 70. NRS
502.326 is hereby amended to read as follows:
27-33 502.326 1. Except
as otherwise provided in subsection 2, it is
27-34 unlawful for any person to take or possess trout
unless at the time he is
27-35 fishing he carries on his person a state trout stamp
affixed to his fishing
27-36 license and validated by his signature in ink across
the face of the stamp.
27-37 2. The provisions of subsection 1 do not apply
to a person who:
27-38 (a) Is under
the age of 12; or
27-39 (b) Is fishing:
27-40 (1) Under
the authority of a valid 1-day permit to fish or during a
27-41 consecutive day validly added to that permit; or
27-42 (2) In
accordance with regulations adopted by the commission
27-43 pursuant to subparagraph (2) of paragraph (e) of
subsection 1 of NRS
27-44 502.010.
27-45 3. State trout stamps must be sold for a fee of
$5 each by the [division]
27-46 department and by persons authorized by
the [division] department to sell
27-47 hunting, fishing and trapping licenses.
27-48 4. The [division] department shall determine the form of the
stamps.
28-1 Sec. 71. NRS
502.327 is hereby amended to read as follows:
28-2 502.327 All money from the sale of state trout stamps
must be
28-3 deposited with the state treasurer for credit to the
wildlife account in the
28-4 state general fund. The [division]
department shall
maintain separate
28-5 accounting records for the receipt and expenditure
of money from the sale
28-6 of state trout stamps.
28-7 Sec. 72. NRS 502.330
is hereby amended to read as follows:
28-8 502.330 1. No
hunting license may be obtained by any person born
28-9 after January 1, 1960, unless he presents to the [division,]
department, or
28-10 one of its authorized licensing agents:
28-11 (a) A
certificate of successful completion of a course of instruction in
28-12 the responsibilities of hunters as provided by NRS
502.340;
28-13 (b) An
equivalent certificate of completion of a course in the
28-14 responsibilities of hunters provided by a state or
an agency of a Canadian
28-15 province for the management of wildlife; or
28-16 (c) A hunting
license issued to him in a previous year by the [division,]
28-17 department, a state or an agency of a
Canadian province, which bears a
28-18 number or other unique mark evidencing successful
completion of a course
28-19 of instruction in the responsibilities of hunters.
28-20 2. Any person who has been convicted of
violating NRS 503.165 or
28-21 503.175 may not obtain a hunting license until he
has successfully
28-22 completed a course in the responsibilities of
hunters conducted pursuant to
28-23 NRS 502.340.
28-24 Sec. 73. NRS
502.340 is hereby amended to read as follows:
28-25 502.340 The [division] department shall certify instructors who will,
28-26 with the cooperation of the [division,]
department, provide
instruction in
28-27 the responsibilities of hunters established by the [division]
department to
28-28 all eligible persons who, upon the successful
completion of the course,
28-29 must be issued a certificate. Persons who are
disqualified from obtaining a
28-30 hunting license, pursuant to NRS 502.330, are
eligible for the course.
28-31 Sec. 74. NRS
502.370 is hereby amended to read as follows:
28-32 502.370 1. A
license to practice taxidermy is required before any
28-33 person may perform taxidermal services for others on
any wildlife or their
28-34 parts, nests or eggs.
28-35 2. Annual licenses for the term of 1 year from
July 1 to June 30 must
28-36 be issued by the [division]
department for the
following fees:
28-37 Fee to practice commercial taxidermy $35
28-38 Fee to practice noncommercial taxidermy................................................... 5
28-39 3. Any person who wishes to obtain a license to
practice taxidermy
28-40 must apply for the license on an application form
provided by the
28-41 [division.] department.
The applicant must provide such information on
28-42 the form as the commission may require by
regulation.
28-43 4. The commission may adopt regulations
governing the licensing of
28-44 taxidermists and the practice of taxidermy,
including:
28-45 (a) The
receipt, possession, transportation, identification, purchase and
28-46 sale of wildlife or parts thereof to be or which
have been processed by a
28-47 taxidermist;
28-48 (b) The
maintenance and submission of written records; and
29-1 (c) Any other
matter concerning the practice, conduct and operating
29-2 procedures of taxidermists as the commission may
deem necessary.
29-3 5. A person who is authorized to enforce the
provisions of this Title
29-4 may enter the facilities of a licensee at any
reasonable hour and inspect his
29-5 operations and records.
29-6 6. If a licensee is convicted of a violation of
any provision of this Title
29-7 or the regulations adopted by the commission, the
commission may revoke
29-8 his license and may refuse to issue another license
to him for a period not
29-9 to exceed 5 years.
29-10 7. The provisions of this section do not apply
to institutions of learning
29-11 of this state or of the United States, or to
research activities conducted
29-12 exclusively for scientific purposes, or for the
advancement of agriculture,
29-13 biology or any of the sciences.
29-14 Sec. 75. NRS
502.390 is hereby amended to read as follows:
29-15 502.390 1. Any:
29-16 (a) Person who
develops or maintains an artificial or man-made body of
29-17 water, other than a body of water maintained for
agricultural or recreational
29-18 purposes, containing chemicals or substances in
quantities which, with the
29-19 normal use of the body of water, causes or will
cause the death of any
29-20 wildlife; or
29-21 (b) Operator
of a mining operation which develops or maintains an
29-22 artificial body of water containing chemicals
directly associated with the
29-23 processing of ore,
29-24 must first obtain a permit from the [division]
department authorizing
the
29-25 development or maintenance of the body of water.
29-26 2. Within 30 working days after receiving an
application for a permit,
29-27 the [division] department shall issue the permit or deny the
application and
29-28 list the reasons for denial. An applicant may appeal
the denial of a permit
29-29 to the commission. A permit may be valid for up to 5
years. The
29-30 commission may establish a fee for a permit of not
more than $100 per
29-31 year.
29-32 3. Upon the transfer of ownership of any
artificial or man-made body
29-33 of water as to which a permit issued pursuant to
this section is in force at
29-34 the time of the transfer, the permit remains in
effect for 30 days after the
29-35 transfer of ownership.
29-36 4. A person holding a permit issued pursuant to
this section shall, in
29-37 addition to the fee for the permit, pay to the [division]
department an
29-38 assessment. The amount of the assessment must be
determined pursuant to
29-39 regulations adopted by the commission. The
assessment must be no more
29-40 than $10,000 per year for each permit.
29-41 5. Any person who fails to obtain a permit or
pay an assessment as
29-42 required by this section and the regulations adopted
pursuant thereto or
29-43 who fails to comply with the provisions of a permit
is guilty of a
29-44 misdemeanor for the first offense and a gross
misdemeanor for any
29-45 subsequent offense.
29-46 6. As used in this section:
29-47 (a) “Mining
operation” means any activity conducted in this state by a
29-48 person on or beneath the surface of land for the
purpose of, or in
29-49 connection with, the development or extraction of
any mineral.
30-1 (b) “Operator”
means any person who owns, controls or manages a
30-2 mining operation.
30-3 Sec. 76. NRS
503.005 is hereby amended to read as follows:
30-4 503.005 1. Except
as otherwise provided in subsection 2, a person
30-5 shall not kill or attempt to kill any birds or
animals while flying in an
30-6 aircraft.
30-7 2. The commission may promulgate rules and
regulations whereby the
30-8 [division] department
may issue permits authorizing the hunting, killing or
30-9 nonlethal control of coyotes, bobcats , mountain lions or ravens
from an
30-10 aircraft.
30-11 3. Every person who willfully violates the
provisions of subsection 1 is
30-12 guilty of a misdemeanor.
30-13 Sec. 77. NRS
503.035 is hereby amended to read as follows:
30-14 503.035 1. “Meat
or game processor” as used in this section means
30-15 any person, firm or corporation that receives any
game for the purpose of
30-16 processing or storage or for the purposes of
processing and storage.
30-17 2. Any meat or game processor who receives any
game for the purpose
30-18 of processing or storage may, within 90 days after
the receipt thereof, if
30-19 such game remains in the possession of such meat or
game processor,
30-20 dispose of such game to the [division]
department if the
owner of such
30-21 game has not paid such meat or game processor for
the processing or
30-22 storage thereof.
30-23 3. The [division] department shall distribute such game to
public
30-24 charities on a fair and equitable basis.
30-25 4. No action may be commenced against such meat
or game processor
30-26 by the owner of such game after such game has been
delivered to the
30-27 [division] department
under the provisions of this section.
30-28 5. Nothing in this section deprives a meat or
game processor of any
30-29 remedy at law available to a creditor against a
debtor for the recovery of
30-30 any money or other legal consideration owing from
the owner of the game
30-31 to the meat or game processor for such processing or
storage.
30-32 Sec. 78. NRS
503.040 is hereby amended to read as follows:
30-33 503.040 1. Except
as otherwise provided in this section, it is
30-34 unlawful for any person at any time to transport or
offer for transportation
30-35 to any place within or outside of this state any
game mammal, raw furs,
30-36 wild mammal taken by trapping, game bird or game
fish taken within this
30-37 state.
30-38 2. Any person who has legally taken any game
mammal, raw furs,
30-39 wild mammal taken by trapping, game bird or game
fish within this state
30-40 may use his hunting license, trapping license or
fishing license or tag or
30-41 stamp, when required, as a permit to transport one
possession limit to
30-42 points within or outside the state.
30-43 3. Any person who legally acquires ownership or
custody of any game
30-44 mammal, raw furs, wild mammal taken by trapping,
game bird or game
30-45 fish not taken by him through hunting, trapping or
fishing may transport
30-46 such mammal, furs, bird or fish within the state
without a transportation
30-47 permit if such shipment does not exceed one
possession limit and if such
30-48 shipment is labeled with the name, address, number
and class of license of
30-49 the hunter, trapper or fisherman who legally took
such mammal, furs, bird
31-1 or fish and date taken, if the mammal, furs, bird or
fish is not required by
31-2 law or regulation to be tagged. Unless otherwise
permitted by a regulation
31-3 of the commission, when tagged shipments are
involved, a transportation
31-4 permit is required as provided in this section.
31-5 4. Any other person who desires to transport any
game mammal, raw
31-6 furs, wild mammal taken by trapping, game fish or
game bird to a point
31-7 within or without the state may do so only under the
authority of a
31-8 transportation permit as provided in this section.
31-9 5. The [division] department shall designate the form of the
31-10 transportation permit and such permits may be issued
for a fee of $1 by any
31-11 game warden or other such persons as may be
specifically designated by
31-12 the [division.] department. The person legally in possession
of the game
31-13 mammals, raw furs, wild mammals taken by trapping,
game birds or game
31-14 fish to be transported must appear before the
issuing agent to obtain a
31-15 transportation permit. The permit must describe the
wildlife to be
31-16 transported and identify by name, address, license
number and class the
31-17 person who legally took the furs or wildlife and by
name and address the
31-18 person transporting it. Whenever raw furs or
wildlife is to be transported
31-19 by the postal service or by common carrier, freight
or express agency, such
31-20 an agency may be designated by name alone.
31-21 6. Game mammals, raw furs, wild mammals taken by
trapping, game
31-22 birds or game fish transported to another person
shall be deemed to be in
31-23 the legal possession of the person making shipment
until actual delivery is
31-24 made.
31-25 7. Any package or container in which game birds,
raw furs, wild
31-26 mammals taken by trapping, game mammals or game fish
are being
31-27 transported by common carrier must have the name and
address of the
31-28 shipper and of the consignee and an accurate
statement of the number and
31-29 kinds of game birds, raw furs, wild mammals taken by
trapping, game
31-30 mammals or game fish contained therein attached to
the outside thereof.
31-31 8. The commission may limit the number of
shipments by any one
31-32 person in any one season of any kind of game bird,
game mammal or game
31-33 fish.
31-34 Sec. 79. NRS
503.150 is hereby amended to read as follows:
31-35 503.150 1. Unless
otherwise specified by commission regulation, it
31-36 is unlawful to hunt:
31-37 (a) Any game
bird or game mammal with any gun capable of firing
31-38 more than one round with one continuous pull of the
trigger, or with any
31-39 full steel, full steel core, full metal jacket,
tracer or incendiary bullet or
31-40 shell, or any shotgun larger than number 10 gauge.
31-41 (b) Big game
mammals in any manner other than with a rifle, held in
31-42 the hand, that exerts at least 1,000 foot-pounds of
energy at 100 yards, or
31-43 with a longbow and arrow which meet the
specifications established by
31-44 commission regulation.
31-45 (c) Small game
mammals in any manner other than with a handgun,
31-46 shotgun, rifle, longbow and arrow or by means of
falconry.
31-47 (d) Game birds
with any rifle or handgun, or in any manner other than
31-48 with a shotgun held in the hand, with a longbow and
arrow or by means of
31-49 falconry.
32-1 (e) Migratory
game birds with any shotgun capable of holding more
32-2 than three shells.
32-3 (f) Any game
bird or game mammal with the aid of any artificial light.
32-4 (g) Any big
game mammal [, except mountain lions,]
with a dog of any
32-5 breed.
32-6 2. Nothing in this section prohibits the use of
dogs in the hunting of
32-7 game birds or small game mammals.
32-8 Sec. 80. NRS
503.185 is hereby amended to read as follows:
32-9 503.185 1. Every
person involved in a hunting accident where
32-10 damage to property results, or which involves the
injury of or death to
32-11 another person, shall file a report of the accident
with the [division]
32-12 department within 30 days after the
accident. The report must be on the
32-13 form prescribed by the [division.] department.
32-14 2. The [division] department shall revoke any hunting license
held by
32-15 a person convicted of violating NRS 503.165 or
503.175, if the violation
32-16 results in an injury to or the death of another
person. The [division]
32-17 department shall not issue another such
license to the person sooner than 2
32-18 years after the revocation.
32-19 Sec. 81. NRS
503.200 is hereby amended to read as follows:
32-20 503.200 1. The
[division] department is empowered to authorize,
32-21 under permit and for such fee as may be provided in
NRS 502.240,
32-22 competitive field trials for hunting dogs or competitive
field trials for
32-23 falconry. The commission shall prescribe the rules
and regulations to be
32-24 followed by those in charge of such trials insofar
as conduct of the field
32-25 trials has any effect or bearing upon wildlife and
the laws of this state
32-26 respecting closed and open seasons.
32-27 2. For the purpose of permitting such field
trials , the [division]
32-28 department may authorize shooting of
legally acquired upland game birds
32-29 during any closed season on the species of bird or
birds to be hunted.
32-30 3. All legally acquired upland game birds used
in a field trial or for the
32-31 purpose of training hunting dogs and for falconry
training must be banded
32-32 with legbands by the person in charge of such field
trial or training. Such
32-33 birds may only be released in an area first approved
by the [division,]
32-34 department, after which the [division]
department shall
authorize, under
32-35 permit and under such rules and regulations as the
commission may
32-36 prescribe, the releasing of such legally acquired
upland game birds for the
32-37 foregoing purposes.
32-38 4. All birds killed under the provisions of this
section must be
32-39 accompanied by a receipt, giving the permit number,
the date, the name of
32-40 the person in possession, and signed by the permit
holder. Birds killed and
32-41 accompanied by a receipt under the provisions of
this section may be
32-42 legally possessed.
32-43 Sec. 82. NRS
503.290 is hereby amended to read as follows:
32-44 503.290 1. Except
as otherwise provided in subsection 2, it is
32-45 unlawful for any person to fish in or from any of
the waters of the State of
32-46 Nevada for any fish of any species in any manner
other than with hook and
32-47 line attached to a rod or reel closely attended in
the manner known as
32-48 angling. Only one combination of hook, line and rod
must be used by one
33-1 person at any time, except that a second combination
of hook, line and rod
33-2 may be used by a person if the person:
33-3 (a) Purchases
from the [division] department or a license agent of the
33-4 [division] department
a stamp or permit for a second rod;
33-5 (b) Uses the
rod in the manner prescribed in this section; and
33-6 (c) Has in
his possession a valid fishing license, combined hunting and
33-7 fishing license or permit to fish issued to him by
the [division.]
33-8 department.
33-9 The fee for the stamp or permit is $10, and is valid
only for the period for
33-10 which it is issued.
33-11 2. The commission may by regulation authorize
other methods for
33-12 taking fish. Frogs may be taken by spear, bow and
arrow, hook and line or
33-13 by other methods authorized by the commission’s
regulation.
33-14 3. For the purposes of this section, “hook”
includes not more than
33-15 three baited hooks, not more than three fly hooks or
not more than two
33-16 plugs or similar lures. No more than two such plugs
or lures, irrespective of
33-17 the number of hooks or attractor blades attached
thereto, may be attached
33-18 to the line.
33-19 Sec. 83. NRS
503.310 is hereby amended to read as follows:
33-20 503.310 1. The
commission may regulate or prohibit the use of live
33-21 bait in fishing so that no undesirable species are
introduced into the public
33-22 waters of this state.
33-23 2. Any person engaged in the sale of live bait
must first obtain a permit
33-24 from the [division] department for the fee provided in NRS
502.240. The
33-25 permit may be revoked for any violation of
regulations.
33-26 3. The commission may prescribe the species
which may be held or
33-27 sold by the permittee.
33-28 Sec. 84. NRS
503.360 is hereby amended to read as follows:
33-29 503.360 1. It
is unlawful for any person at any time to fish from any
33-30 state hatchery, or from any waters set aside or used
for the purpose of
33-31 rearing or growing fish for transplanting by the
state.
33-32 2. Nothing in this section prohibits employees
of the [division]
33-33 department from handling, at any time,
all such fish, as may be required in
33-34 the propagation, care and distribution of the fish.
33-35 Sec. 85. NRS
503.380 is hereby amended to read as follows:
33-36 503.380 The [division] department may take or permit the commercial
33-37 taking of unprotected wildlife in any manner
approved by the commission.
33-38 The commission may fix a price to be paid for
wildlife so taken.
33-39 Unprotected wildlife taken under this authorization
may be sold.
33-40 Sec. 86. NRS
503.400 is hereby amended to read as follows:
33-41 503.400 1. Every
person who has erected, or who may hereafter
33-42 erect, any dams, water weirs or other obstructions
to the free passage of
33-43 fish in the rivers, streams, lakes or other waters
of the State of Nevada shall
33-44 construct and keep in repair to the satisfaction of
the [division] department
33-45 fishways or fish ladders at all such dams, water
weirs or other obstructions
33-46 so that at all seasons of the year fish may ascend
above such dams, water
33-47 weirs or other obstructions to deposit their spawn.
33-48 2. Every person so placing, controlling or
owning any such obstruction
33-49 who fails to comply with the provisions of this
section after having been
34-1 notified in writing so to do by the [division,]
department, and
every person
34-2 who at any time willfully or knowingly destroys,
injures or obstructs any
34-3 fishway or fish ladder which is required by law is
guilty of a misdemeanor.
34-4 Sec. 87. NRS
503.420 is hereby amended to read as follows:
34-5 503.420 1. Any
person, firm or corporation owning in whole or in
34-6 part any canal, ditch or any artificial watercourse,
taking or receiving its
34-7 waters from any river, creek or lake in which fish
have been placed or may
34-8 exist, shall place or cause to be placed, and such
persons shall maintain at
34-9 the intake or inlet of such canal, ditch or
watercourse, a grating, screen or
34-10 other device, either stationary or operated
mechanically, of such
34-11 construction, fineness, strength and quality as may
be designated by the
34-12 [division,] department,
to prevent any fish from entering such canal, ditch
34-13 or watercourse.
34-14 2. If such person, firm or corporation, after
due notice from the
34-15 [division,] department,
fails to install or maintain such grating, screen or
34-16 device, the commission is authorized to enter upon
lands adjacent to the
34-17 inlet of such canal, ditch or watercourse, and may
install therein, and
34-18 thereafter maintain, such grating, screen or device
as in the discretion of
34-19 the [division] department is proper.
34-20 3. It is unlawful for any person or persons,
except a game warden, to
34-21 remove, tamper with, destroy or in any way molest
such screens when the
34-22 same have been installed.
34-23 Sec. 88. NRS
503.425 is hereby amended to read as follows:
34-24 503.425 1. Before
a person may use any vacuum or suction dredge
34-25 equipment in any river, stream or lake of this
state, he must submit an
34-26 application to the [division.]
department. The
application must be
34-27 accompanied by a fee of $5 and must specify the type
and size of
34-28 equipment to be used and its location. If the [division]
department
34-29 determines that the operations will not be
deleterious to fish ,
it shall issue
34-30 a permit to the applicant.
34-31 2. A permit issued pursuant to subsection 1 does
not authorize the
34-32 recipient to use any equipment in any navigable body
of water unless the
34-33 recipient has obtained the appropriate permit for
such a use from the state
34-34 land registrar.
34-35 3. It is unlawful for any person to:
34-36 (a) Conduct
dredging operations without securing a permit pursuant to
34-37 subsection 1;
34-38 (b) Operate
any equipment other than that specified in the permit; or
34-39 (c) Conduct a
dredging operation outside the area designated on the
34-40 permit.
34-41 Sec. 89. NRS
503.452 is hereby amended to read as follows:
34-42 503.452 Each trap, snare or similar device used in
the taking of wild
34-43 mammals may bear a number registered with the [division]
department or
34-44 be permanently marked with the name and address of
the owner or trapper
34-45 using it. If a trap is registered, the registration
is permanent. A registration
34-46 fee of $5 for each registrant is payable only once,
at the time the first trap,
34-47 snare or similar device is registered.
35-1 Sec. 90. NRS
503.470 is hereby amended to read as follows:
35-2 503.470 1. Fur-bearing
mammals injuring any property may be taken
35-3 or killed at any time in any manner, provided a
permit is first obtained
35-4 from the [division.] department.
35-5
2. When the [division]
department has
determined from investigations
35-6 or upon a petition signed by the owners of 25
percent of the land area in
35-7 any irrigation district or the area served by a
ditch company alleging that
35-8 an excessive population of beaver or otter exists or
that beaver or otter are
35-9 doing damage to lands, streams, ditches, roads or
water control structures,
35-10 the [division] department shall remove such excess or
depredating beaver
35-11 or otter.
35-12 Sec. 91. NRS
503.540 is hereby amended to read as follows:
35-13 503.540 Whenever the [division]
department determines
that beaver
35-14 or otter are doing damage and that it will be
necessary to remove beaver or
35-15 otter from the land of a person to protect the lands
of another landowner,
35-16 the [division] department is not prevented from taking such
beaver or otter
35-17 by the refusal of the landowner to allow the [division’s]
employees of the
35-18 department to enter upon his land. The [division]
department is
authorized
35-19 to enter upon the lands of such owner and remove
beaver or otter for the
35-20 relief of other landowners and the protection of the
public welfare.
35-21 Sec. 92. NRS
503.575 is hereby amended to read as follows:
35-22 503.575 The [division,] department, with the approval of the
35-23 commission, may sell live beaver.
35-24 Sec. 93. NRS
503.582 is hereby amended to read as follows:
35-25 503.582 Except as otherwise provided in this section,
it is unlawful for
35-26 any person to hunt, trap, possess or sell any
species, native or otherwise, of
35-27 owl, hawk or other birds of prey, including all
raptors or the parts thereof,
35-28 without first obtaining a permit from the [division.]
department. The
35-29 commission may adopt regulations:
35-30 1. Covering the hunting, trapping, possession or
sale of any of those
35-31 species.
35-32 2. Authorizing a person to hunt, trap, possess
or sell any of those
35-33 species without obtaining a permit pursuant to the
provisions of this
35-34 section.
35-35 Sec. 94. NRS
503.583 is hereby amended to read as follows:
35-36 503.583 1. Except
as otherwise provided in this section, any person
35-37 who practices falconry or trains birds of prey must
obtain a falconry license
35-38 from the [division] department upon payment of a license fee as
provided
35-39 in NRS 502.240.
35-40 2. The licensee, under permit, may obtain from
the wild only two birds
35-41 per year. All such birds of prey must be banded in
accordance with
35-42 regulations adopted by the commission.
35-43 3. Birds of prey may not be taken, captured or
disturbed during the
35-44 months in which they breed.
35-45 4. This section does not prohibit the capture or
killing of a hawk or an
35-46 owl by holders of scientific collecting permits.
35-47 5. The commission may adopt regulations
authorizing a person to
35-48 practice falconry or train birds of prey without
obtaining a falconry license
35-49 pursuant to the provisions of subsection 1.
36-1 Sec. 95. NRS
503.5833 is hereby amended to read as follows:
36-2 503.5833 The [division] department shall, upon request of the welfare
36-3 division of the department of human resources,
submit to the welfare
36-4 division the name, address and social security
number of each person who
36-5 holds a permit or license issued pursuant to NRS
503.582 or 503.583 that
36-6 does not expire less than 6 months after it is
issued and any pertinent
36-7 changes in that information.
36-8 Sec. 96. NRS
503.5835 is hereby amended to read as follows:
36-9 503.5835 1. If
the [division] department receives a copy of a court
36-10 order issued pursuant to NRS 425.540 that provides
for the suspension of
36-11 all professional, occupational and recreational
licenses, certificates and
36-12 permits issued to a person who is the holder of a
permit or license issued
36-13 pursuant to NRS 503.582 or 503.583 that does not
expire less than 6
36-14 months after it is issued, the [division]
department shall
deem the permit or
36-15 license issued to that person to be suspended at the
end of the 30th day
36-16 after the date on which the court order was issued
unless the [division]
36-17 department receives a letter issued to
the holder of the permit or license by
36-18 the district attorney or other public agency
pursuant to NRS 425.550
36-19 stating that the holder of the permit or license has
complied with the
36-20 subpoena or warrant or has satisfied the arrearage
pursuant to NRS
36-21 425.560.
36-22 2. The [division] department shall reinstate a permit or license
issued
36-23 pursuant to NRS 503.582 or 503.583 that has been
suspended by a district
36-24 court pursuant to NRS 425.540 if the [division]
department receives
a
36-25 letter issued by the district attorney or other
public agency pursuant to NRS
36-26 425.550 to the person whose permit or license was
suspended stating that
36-27 the person whose permit or license was suspended has
complied with the
36-28 subpoena or warrant or has satisfied the arrearage
pursuant to NRS
36-29 425.560.
36-30 Sec. 97. NRS
503.585 is hereby amended to read as follows:
36-31 503.585 A species or subspecies of native fish,
wildlife and other
36-32 fauna must be regarded as threatened with extinction
when the
36-33 commission, after consultation with competent authorities,
determines that
36-34 its existence is endangered and its survival
requires assistance because of
36-35 overexploitation, disease or other factors or its
habitat is threatened with
36-36 destruction, drastic modification or severe curtailment.
Any animal so
36-37 declared to be threatened with extinction must be
placed on the list of fully
36-38 protected species, and no member of its kind may be
captured, removed or
36-39 destroyed at any time by any means except under
special permit issued by
36-40 the [division.] department.
36-41 Sec. 98. NRS
503.586 is hereby amended to read as follows:
36-42 503.586 Where any bird, mammal or other wildlife
which is declared
36-43 to be in danger of extinction pursuant to NRS
503.585 is found to be
36-44 destructive of domestic animals or fowl or a menace
to health, the
36-45 [division] department
may provide for its destruction or its removal, alive,
36-46 for translocating.
36-47 Sec. 99. NRS
503.589 is hereby amended to read as follows:
36-48 503.589 In carrying out the program authorized by NRS
503.584 to
36-49 503.589, inclusive, the [administrator]
director shall
cooperate, to the
37-1 maximum extent practicable, with other states and
with the counties in the
37-2 State of Nevada, and he may enter into agreements
with such other states
37-3 and counties and with other legal entities for the
administration and
37-4 management of any area established pursuant to NRS
503.584 to 503.589,
37-5 inclusive, for the conservation, protection,
restoration and propagation of
37-6 species of native fish, wildlife and other fauna
which are threatened with
37-7 extinction.
37-8 Sec. 100. NRS
503.595 is hereby amended to read as follows:
37-9 503.595 After the owner or tenant of any land or
property has made a
37-10 report to the [division]
department indicating
that such land or property is
37-11 being damaged or destroyed, or is in danger of being
damaged or
37-12 destroyed, by wildlife, the [division]
department may,
after thorough
37-13 investigation and pursuant to such regulations as
the commission may
37-14 promulgate, cause such action to be taken as it may
deem necessary,
37-15 desirable and practical to prevent or alleviate such
damage or threatened
37-16 damage to such land or property.
37-17 Sec. 101. NRS
503.597 is hereby amended to read as follows:
37-18 503.597 1. Except
as otherwise provided in this section, it is
37-19 unlawful, except by the written consent and approval
of the [division,]
37-20 department, for any person at anytime to
receive, bring or have brought or
37-21 shipped into this state, or remove from one stream
or body of water in this
37-22 state to any other, or from one portion of the state
to any other, or to any
37-23 other state, any aquatic life, wildlife, spawn, eggs
or young of any of them.
37-24 2. The [division] department shall require an applicant to
conduct an
37-25 investigation to confirm that such an introduction
or removal will not be
37-26 detrimental to the wildlife or the habitat of
wildlife in this state. Written
37-27 consent and approval of the [division]
department may be
given only if the
37-28 results of the investigation prove that the
introduction, removal or
37-29 importation will not be detrimental to existing
aquatic life, wildlife, spawn,
37-30 eggs or young of any of them.
37-31 3. The commission may through appropriate
regulation provide for the
37-32 inspection of such introduced or removed creatures
and the inspection fees
37-33 therefor.
37-34 4. The commission may adopt regulations to
prohibit the importation,
37-35 transportation or possession of any species of
wildlife which the
37-36 commission deems to be detrimental to the wildlife
or the habitat of the
37-37 wildlife in this state.
37-38 5. The provisions of this section do not apply
to alternative livestock
37-39 and products made therefrom.
37-40 Sec. 102. NRS
503.610 is hereby amended to read as follows:
37-41 503.610 1. Except
as otherwise provided in subsection 2, it is
37-42 unlawful for any person, firm, company, corporation
or association to kill,
37-43 destroy, wound, trap, injure, possess dead or alive,
or in any other manner
37-44 to catch or capture, or to pursue with such intent
the birds known as the
37-45 [American] bald
eagle and the golden eagle, or to take, injure, possess or
37-46 destroy the nests or eggs of such birds.
37-47 2. The [division] department may issue permits to take bald
eagles or
37-48 golden eagles whenever it determines that they have
become seriously
37-49 injurious to wildlife or agricultural or other
interests in any particular area
38-1 of the state and the injury complained of is
substantial and can only be
38-2 abated by taking some or all of the offending birds.
The issuance of such
38-3 permits must be consistent with federal law.
38-4 Sec. 103. NRS
503.650 is hereby amended to read as follows:
38-5 503.650 Nothing in this Title:
38-6 1. Prohibits any person, upon the written permit
of the [division,]
38-7 department, from taking, killing,
possessing or banding any species of
38-8 wildlife, or collecting the nest or eggs thereof,
for strictly scientific or
38-9 educational purposes, the number and species of
wildlife to be limited by
38-10 the [division.] department.
38-11 2. Prevents shipping into any other county or
state, under a written
38-12 permit issued by the [division,]
department, any
wildlife for scientific or
38-13 educational purposes.
38-14 The fee for a permit to collect wildlife for
scientific or educational
38-15 purposes is $5.
38-16 Sec. 104. NRS
504.140 is hereby amended to read as follows:
38-17 504.140 1. The
[division] department is authorized, subject to
38-18 approval by the commission, to enter into agreements
with landowners,
38-19 individually or in groups, to establish wildlife
management areas and to
38-20 enforce regulations necessary thereto for the
purpose of providing greater
38-21 areas for the public to hunt or fish on private
lands and to protect the
38-22 landowner or lessee from damage due to trespass or
excessive hunting or
38-23 fishing pressure.
38-24 2. Such an agreement must require that the
department designate
38-25 certain portions of the area as closed zones for the
protection of livestock,
38-26 buildings, persons and other properties.
38-27 3. The zones must be posted conspicuously along
all boundaries and it
38-28 is unlawful to hunt, fish or trespass therein or to
hunt or fish on any
38-29 cooperative area contrary to the regulations
provided.
38-30 4. The agreement may designate the number of
hunters or fishermen
38-31 who may be admitted to the area, if such limitation
is necessary or
38-32 desirable.
38-33 Sec. 105. NRS
504.147 is hereby amended to read as follows:
38-34 504.147 1. The
[division] department may, if such leases or sales do
38-35 not interfere with the use of such real property for
wildlife management or
38-36 for hunting or fishing thereon:
38-37 (a) Lease, for
a term not exceeding 5 years, grazing or pasturage rights
38-38 in and to real property which is assigned to the [division]
department for
38-39 administration.
38-40 (b) Sell crops
or agricultural products of whatever kind produced on
38-41 such real property.
38-42 2. Except as otherwise provided in subsection 3,
whenever the
38-43 [division] department
intends to lease grazing or pasturage rights or to sell
38-44 or offer for sale agricultural products as provided
in subsection 1, the
38-45 [division] department
may do so only by advertising for bids, reserving in
38-46 such advertising the right to reject any or all
bids.
38-47 3. The [division] department may enter into such a lease with or
make
38-48 such a sale to a state agency without advertising
for bids if the rent agreed
38-49 to be paid for the lease or the sale price agreed to
be paid for any
39-1 agricultural commodities to be sold is, in the
opinion of the [division,]
39-2 department, equal to the amount that
would be obtained by advertising for
39-3 bids.
39-4 4. If the [division]
department finds
that the highest or best bid is less
39-5 than the amount that should be paid, the [division]
department may
reject
39-6 all bids and negotiate with interested persons for
such lease or sale, but
39-7 shall not accept any negotiated price if it is less
in amount than the highest
39-8 bid tendered for the same lease or sale.
39-9 5. If the deed to real property assigned to the [division]
department for
39-10 administration contains a covenant or provision
giving to the grantor an
39-11 option to meet the highest bid for any lease by the [division]
department of
39-12 grazing or pasturage rights to the real property or
the sale of agricultural
39-13 products from it, the [division]
department shall
comply with the terms of
39-14 the covenant or provision in the deed.
39-15 Sec. 106. NRS
504.155 is hereby amended to read as follows:
39-16 504.155 All gifts, grants, fees and appropriations of
money received
39-17 by the [division] department for the prevention and mitigation
of damage
39-18 caused by elk or game mammals not native to this
state, and the interest
39-19 and income earned on the money, less any applicable
charges, must be
39-20 accounted for separately within the wildlife account
and may only be
39-21 disbursed as provided in the regulations adopted
pursuant to NRS 504.165.
39-22 Sec. 107. NRS
504.165 is hereby amended to read as follows:
39-23 504.165 1. The
commission shall adopt regulations governing the
39-24 disbursement of money to:
39-25 (a) Prevent or
mitigate damage to private property and privately
39-26 maintained improvements; and
39-27 (b) Compensate
persons for grazing reductions and the loss of stored
39-28 and standing crops,
39-29 caused by elk or game mammals not native to this
state.
39-30 2. The regulations must contain:
39-31 (a) Requirements
for the eligibility of those persons claiming damage to
39-32 private property or privately maintained
improvements to receive money or
39-33 materials from the [division,]
department, including
a requirement that
39-34 such a person enter into a cooperative agreement
with the [administrator]
39-35 director for purposes related to this
Title.
39-36 (b) Procedures
for the formation of local panels to assess damage
39-37 caused by elk or game mammals not native to this
state and to determine
39-38 the value of a loss claimed if the person claiming
the loss and the [division]
39-39 department do not agree on the value of
the loss.
39-40 (c) Procedures
for the use on private property of materials purchased by
39-41 the state to prevent damage caused by elk or game
mammals not native to
39-42 this state.
39-43 (d) Any other
regulations necessary to carry out the provisions of this
39-44 section and NRS 504.155 and 504.175.
39-45 3. The regulations must:
39-46 (a) Provide
for the payment of money or other compensation to cover
39-47 the costs of labor and materials necessary to prevent
or mitigate damage to
39-48 private property and privately maintained
improvements caused by elk or
39-49 game mammals not native to this state.
40-1 (b) Prohibit
a person who has, within a particular calendar year, applied
40-2 for or received a special incentive elk tag pursuant
to NRS 502.142 from
40-3 applying, within the same calendar year, for
compensation pursuant to this
40-4 section for the same private land.
40-5 4. Money may not be disbursed to a claimant
pursuant to this section
40-6 unless the claimant shows by a preponderance of the
evidence that the
40-7 damage for which he is seeking compensation was
caused solely by elk or
40-8 game mammals not native to this state.
40-9 Sec. 108. NRS
504.175 is hereby amended to read as follows:
40-10 504.175 The [administrator] director shall, on or before the fifth
40-11 calendar day of each regular session of the
legislature, submit to the
40-12 legislature a report summarizing the actions taken
by the [division]
40-13 department to prevent or mitigate
damage caused by elk or game mammals
40-14 not native to this state. The report must include a
list of the expenditures
40-15 made pursuant to this section and NRS 504.155 and
504.165 during the
40-16 preceding biennium and a determination of the amount
of money
40-17 remaining for those purposes.
40-18 Sec. 109. NRS
504.185 is hereby amended to read as follows:
40-19 504.185 The provisions of NRS 504.155, 504.165 and
504.175 do not
40-20 apply to:
40-21 1. Alternative livestock; or
40-22 2. Game mammals not native to this state,
40-23 that are held in captivity for purposes other than
as required by the
40-24 [division.] department.
40-25 Sec. 110. NRS
504.245 is hereby amended to read as follows:
40-26 504.245 1. Any
species of wildlife, including alternative livestock,
40-27 that:
40-28 (a) Is
released from confinement without the prior written authorization
40-29 of the [division;] department; or
40-30 (b) Escapes
from the possessor’s control,
40-31 may be captured, seized or destroyed by the [division]
department if the
40-32 [division] department
determines that such actions are necessary to protect
40-33 wildlife and the habitat of wildlife in this state.
40-34 2. The owner or possessor of such wildlife:
40-35 (a) Shall
report its escape immediately after receiving knowledge of the
40-36 escape; and
40-37 (b) Is liable
for the costs incurred by the [division] department to
40-38 capture, maintain and dispose of the wildlife and
for any damage caused by
40-39 the wildlife.
40-40 3. The [division] department is not liable for any damage to
wildlife,
40-41 or caused by wildlife, in carrying out the
provisions of this section.
40-42 Sec. 111. NRS
504.295 is hereby amended to read as follows:
40-43 504.295 1. Except
as otherwise provided in this section and NRS
40-44 503.590, or unless otherwise specified by a
regulation adopted by the
40-45 commission, no person may:
40-46 (a) Possess
any live wildlife unless he is licensed by the [division]
40-47 department to do so.
40-48 (b) Capture
live wildlife in this state to stock a commercial or
40-49 noncommercial wildlife facility.
41-1 (c) Possess
or release from confinement any mammal for the purposes
41-2 of hunting.
41-3 2. The commission shall adopt regulations for
the possession of live
41-4 wildlife. The regulations must set forth the species
of wildlife which may
41-5 be possessed and propagated, and provide for the
inspection by the
41-6 [division] department
of any related facilities.
41-7 3. In accordance with the regulations of the
commission, the [division]
41-8 department may issue commercial and
noncommercial licenses for the
41-9 possession of live wildlife upon receipt of the
applicable fee.
41-10 4. The provisions of this section do not apply
to alternative livestock
41-11 and products made therefrom.
41-12 Sec. 112. NRS
504.310 is hereby amended to read as follows:
41-13 504.310 1. Before
being entitled to the benefits of any commercial or
41-14 private shooting preserve, the owner or proprietor
thereof must make
41-15 application to the [division.]
department. The
application must set forth:
41-16 (a) The name
and location of the shooting preserve.
41-17 (b) A legal
description of the area included in the preserve.
41-18 (c) A
statement whether the preserve is to be a commercial or private
41-19 preserve.
41-20 (d) If the
application is for a commercial shooting preserve, a statement
41-21 of fees that are to be collected for the privilege
of shooting on the preserve.
41-22 2. If, after investigation, the [division]
department is
satisfied that the
41-23 tract is suitable for the purpose, and that the
establishment of such a
41-24 preserve will not conflict with the public interest,
the [division] department
41-25 may issue a commercial or private shooting preserve
license upon the
41-26 payment of a license fee as provided in NRS 502.240.
41-27 Sec. 113. NRS
504.320 is hereby amended to read as follows:
41-28 504.320 1. Before
any shooting may be done on such commercial or
41-29 private shooting preserve, the licensee must advise
the [division,]
41-30 department, in writing, of the number of
each species of upland game bird
41-31 reared, purchased or acquired for liberation, and
request, and receive in
41-32 writing, a shooting authorization which states the
number of each species
41-33 which may be taken by shooting.
41-34 2. Birds must be at least 8 weeks of age, full
winged, and in a
41-35 condition to go wild before liberation. Before
release, all birds must be
41-36 banded with legbands, the specifications of which
must be determined by
41-37 commission regulation. Legbands must remain with the
birds and not be
41-38 removed until the birds are utilized by the hunter.
41-39 3. The licensee, or with his written permit the
holder thereof, may take
41-40 such upland game bird from such licensed preserve by
shooting only, from
41-41 August 1 to April 30, inclusive.
41-42 4. Permits to hunt on such licensed preserve may
be used only on the
41-43 date of issuance, and the hunter must carry the
permit on his person at all
41-44 times while on the area and while in possession of
birds taken on such area.
41-45 Sec. 114. NRS
504.350 is hereby amended to read as follows:
41-46 504.350 1. No
game bird taken in accordance with the provisions of
41-47 NRS 504.300 to 504.380, inclusive, may be removed
from the licensed
41-48 premises until the licensee or his agent has
attached thereto an invoice,
41-49 signed by the licensee or his agent, stating:
42-1 (a) The
number of his license.
42-2 (b) The name
of the shooting preserve.
42-3 (c) The date
that the birds were killed.
42-4 (d) The kind
and number of such birds.
42-5 (e) The name
and address of the hunter killing such birds.
42-6 2. The invoice must authorize transportation and
use of the birds.
42-7 3. Within 1 week thereafter, the licensee or his
agent shall mail,
42-8 postpaid, a duplicate of the invoice to the [division.] department.
42-9 Sec. 115. NRS
504.360 is hereby amended to read as follows:
42-10 504.360 Every licensee of a commercial or private
shooting preserve
42-11 under this chapter shall keep records and make an
annual report to the
42-12 [division] department
of the number of birds released and the number of
42-13 birds killed on the preserve. The report must be
verified by the affidavit of
42-14 the licensee or his agent. The record must be
continuous and kept on the
42-15 premises described in the application for license,
and the licensee shall
42-16 allow any person authorized to enforce the
provisions of this Title to enter
42-17 such premises and inspect his operations and records
at all reasonable
42-18 hours.
42-19 Sec. 116. NRS
504.390 is hereby amended to read as follows:
42-20 504.390 1. As
used in this section, unless the context requires
42-21 otherwise, “guide” means to assist another person in
hunting wild
42-22 mammals or wild birds and fishing and includes the
transporting of another
42-23 person or his equipment to hunting and fishing
locations within a general
42-24 hunting and fishing area whether or not the guide
determines the
42-25 destination or course of travel.
42-26 2. Every person who provides guide service for
compensation or
42-27 provides guide service as an incidental service to
customers of any
42-28 commercial enterprise, whether a direct fee is
charged for the guide service
42-29 or not, shall obtain a master guide license from the
[division.] department.
42-30 Such a license must not be issued to any person who
has not reached 21
42-31 years of age.
42-32 3. Each person who assists a person who is
required to have a master
42-33 guide license and acts as a guide in the course of
that activity shall obtain a
42-34 subguide license from the [division.]
department. Such a
license must not
42-35 be issued to any person who has not reached 18 years
of age.
42-36 4. Fees for master guide and subguide licenses
must be as provided in
42-37 NRS 502.240.
42-38 5. Any person who desires a master guide license
must apply for the
42-39 license on a form prescribed and furnished by the [division.]
department.
42-40 The application must contain the social security
number of the applicant
42-41 and such other information as the commission may
require by regulation. If
42-42 that person was not licensed as a master guide
during the previous
42-43 licensing year, his application must be accompanied
by a fee of $500,
42-44 which is not refundable.
42-45 6. Any person who desires a subguide license
must apply for the
42-46 license on a form prescribed and furnished by the [division.] department.
42-47 7. If the holder of a master guide license
operates with pack or riding
42-48 animals, he shall also have a grazing or special use
permit if he operates in
42-49 any area where such a permit is required.
43-1 8. The holder of a master guide license shall
maintain records of the
43-2 number of hunters and fishermen served, and any
other information which
43-3 the [division] department may require concerning fish and
game taken by
43-4 such persons. Such information must be furnished to
the [division]
43-5 department on request.
43-6 9. If any licensee under this section, or person
served by a licensee, is
43-7 convicted of a violation of any provision of this
Title or chapter 488 of
43-8 NRS, the commission may revoke the license of the
licensee and may
43-9 refuse issuance of another license to the licensee
for a period not to exceed
43-10 5 years.
43-11 10. The commission may adopt regulations covering
the conduct and
43-12 operation of a guide service.
43-13 11. The [division] department may issue master guide and subguide
43-14 licenses to be valid only in certain districts in
such a manner as may be
43-15 determined by the regulations of the commission.
43-16 Sec. 117. NRS
504.393 is hereby amended to read as follows:
43-17 504.393 The [division] department shall, upon request of the welfare
43-18 division of the department of human resources,
submit to the welfare
43-19 division the name, address and social security
number of each person who
43-20 holds a master guide license or subguide license and
any pertinent changes
43-21 in that information.
43-22 Sec. 118. NRS
504.398 is hereby amended to read as follows:
43-23 504.398 1. If
the [division] department receives a copy of a court
43-24 order issued pursuant to NRS 425.540 that provides
for the suspension of
43-25 all professional, occupational and recreational licenses,
certificates and
43-26 permits issued to a person who is the holder of a
master guide license or
43-27 subguide license, the [division]
department shall
deem the license issued to
43-28 that person to be suspended at the end of the 30th
day after the date on
43-29 which the court order was issued unless the [division]
department receives
43-30 a letter issued to the holder of the license by the
district attorney or other
43-31 public agency pursuant to NRS 425.550 stating that
the holder of the
43-32 license has complied with the subpoena or warrant or
has satisfied the
43-33 arrearage pursuant to NRS 425.560.
43-34 2. The [division] department shall reinstate a master guide
license or
43-35 subguide license that has been suspended by a
district court pursuant to
43-36 NRS 425.540 if the [division]
department receives
a letter issued by the
43-37 district attorney or other public agency pursuant to
NRS 425.550 to the
43-38 person whose license was suspended stating that the
person whose license
43-39 was suspended has complied with the subpoena or
warrant or has satisfied
43-40 the arrearage pursuant to NRS 425.560.
43-41 Sec. 119. NRS
505.025 is hereby amended to read as follows:
43-42 505.025 The [division] department shall, upon request of the welfare
43-43 division of the department of human resources,
submit to the welfare
43-44 division the name, address and social security
number of each person who
43-45 holds a fur dealer’s license and any pertinent
changes in that information.
43-46 Sec. 120. NRS
505.035 is hereby amended to read as follows:
43-47 505.035 1. If
the [division] department receives a copy of a court
43-48 order issued pursuant to NRS 425.540 that provides
for the suspension of
43-49 all professional, occupational and recreational
licenses, certificates and
44-1 permits issued to a person who is the holder of a
fur dealer’s license, the
44-2 [division] department
shall deem the license issued to that person to be
44-3 suspended at the end of the 30th day after the date
on which the court order
44-4 was issued unless the [division]
department receives
a letter issued to the
44-5
holder of the license by the district
attorney or other public agency
44-6 pursuant to NRS 425.550 stating that the holder of
the license has complied
44-7 with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS
44-8 425.560.
44-9 2. The [division] department shall reinstate a fur dealer’s
license that
44-10 has been suspended by a district court pursuant to
NRS 425.540 if the
44-11 [division] department
receives a letter issued by the district attorney or
44-12 other public agency pursuant to NRS 425.550 to the
person whose license
44-13 was suspended stating that the person whose license
was suspended has
44-14 complied with the subpoena or warrant or has
satisfied the arrearage
44-15 pursuant to NRS 425.560.
44-16 Sec. 121. NRS
506.020 is hereby amended to read as follows:
44-17 506.020 The [administrator
of the division of wildlife of the state
44-18 department of
conservation and natural resources] director shall appoint a
44-19 person to serve on the board of compact
administrators as the compact
44-20 administrator for this state as required by section
1 of article VII of the
44-21 Wildlife Violators Compact.
44-22 Sec. 122. NRS
62.229 is hereby amended to read as follows:
44-23 62.229 In addition to the options set forth in NRS
62.211 and 62.213
44-24 and the requirements of NRS 62.228, if a child is
adjudicated delinquent
44-25 pursuant to paragraph (b) of subsection 1 of NRS
62.040 because he
44-26 handled or possessed a firearm or had a firearm
under his control in
44-27 violation of NRS 202.300, the court shall order that
any license to hunt
44-28 issued to the child pursuant to chapter 502 of NRS
must be revoked by the
44-29 [division of
wildlife of the state] department of [conservation and natural
44-30 resources] fish
and game and that the child shall not receive a license to
44-31 hunt within the 2 years following the date of the
order or until he is 18
44-32 years of age, whichever is later. The judge shall
require the child to
44-33 surrender to the court any license to hunt then held
by the child. The court
44-34 shall, within 5 days after issuing the order,
forward to the [division of
44-35 wildlife] department
of fish and game any license to hunt surrendered by
44-36 the child, together with a copy of the order.
44-37 Sec. 123. NRS
202.255 is hereby amended to read as follows:
44-38 202.255 1. A
person who sets a so-called trap, spring pistol, rifle [,]
44-39 or other deadly weapon shall be punished:
44-40 (a) If no
injury results therefrom to any human being, for a gross
44-41 misdemeanor.
44-42 (b) If
injuries not fatal result therefrom to any human being, for a
44-43 category B felony by imprisonment in the state
prison for a minimum term
44-44 of not less than 1 year and a maximum term of not
more than 6 years, or by
44-45 a fine of not more than $5,000, or by both fine and
imprisonment.
44-46 (c) If the
death of a human being results therefrom:
44-47 (1) Under
circumstances not rendering the act murder, for a category
44-48 B felony by imprisonment in the state prison for a
minimum term of not
45-1 less than 1 year and a maximum term of not more than
10 years, and may
45-2 be further punished by a fine of not more than
$10,000; or
45-3 (2) Otherwise,
for murder which is a category A felony as provided
45-4 in NRS 200.030.
45-5 2. Subsection 1 does not prevent the use of any
loaded spring gun, set
45-6 gun or other device for the destruction of gophers,
moles, coyotes ,
45-7 mountain lions, or other burrowing rodents
or predatory animals by agents
45-8 or employees of governmental agencies engaged in
cooperative predatory
45-9 animal and rodent control work, but:
45-10 (a) A loaded
spring gun, set gun or other device must not be set within
45-11 15 miles of the boundaries of any incorporated city
or unincorporated
45-12 town; and
45-13 (b) Before
setting any such loaded spring gun, set gun or other device
45-14 on any real property permission must first be obtained
from the owner,
45-15 lessee or administrator thereof.
45-16 Sec. 124. NRS
232.090 is hereby amended to read as follows:
45-17 232.090 1. The
department consists of the director and the following
45-18 divisions:
45-19 (a) The
division of water resources.
45-20 (b) The
division of state lands.
45-21 (c) The
division of forestry.
45-22 (d) The
division of state parks.
45-23 (e) The
division of conservation districts.
45-24 (f) The
division of environmental protection.
45-25 (g) The
division of water planning.
45-26 (h) [The division of wildlife.
45-27 (i)] Such other divisions as the
director may from time to time establish.
45-28 2. The state environmental commission, the state
conservation
45-29 commission, the commission for the preservation of
wild horses, the
45-30 Nevada natural heritage program and the board to
review claims are within
45-31 the department.
45-32 Sec. 125. NRS
242.131 is hereby amended to read as follows:
45-33 242.131 1. The department shall provide state agencies
and elected
45-34 state officers with all their required design of
information systems. All
45-35 agencies and officers must use those services and
equipment, except as
45-36 otherwise provided in subsection 2.
45-37 2. The following agencies may negotiate with the
department for its
45-38 services or the use of its equipment, subject to the
provisions of this
45-39 chapter, and the department shall provide those
services and the use of that
45-40 equipment as may be mutually agreed:
45-41 (a) The court
administrator;
45-42 (b) The
department of motor vehicles and public safety;
45-43 (c) The
department of transportation;
45-44 (d) The
employment security division of the department of employment,
45-45
training and rehabilitation;
45-46 (e) The [division of wildlife of the state] department of [conservation
45-47 and natural
resources;] fish and game;
45-48 (f) The
legislative counsel bureau;
45-49 (g) The state
controller;
46-1 (h) The state
gaming control board and Nevada gaming commission;
46-2 and
46-3 (i) The
University and Community College System of Nevada.
46-4 3. Any state agency or elected state officer who
uses the services of the
46-5 department and desires to withdraw substantially
from that use must apply
46-6 to the director for approval. The application must
set forth justification for
46-7 the withdrawal. If the director denies the
application, the agency or officer
46-8 must:
46-9 (a) If the
legislature is in regular or special session, obtain the approval
46-10 of the legislature by concurrent resolution.
46-11 (b) If the
legislature is not in regular or special session, obtain the
46-12 approval of the interim finance committee. The
director shall, within 45
46-13 days after receipt of the application, forward the
application together with
46-14 his recommendation for approval or denial to the
interim finance
46-15 committee. The interim finance committee has 45 days
after the application
46-16 and recommendation are submitted to its secretary
within which to
46-17 consider the application. Any application which is
not considered by the
46-18 committee within the 45-day period shall be deemed
approved.
46-19 4. If the demand for services or use of
equipment exceeds the
46-20 capability of the department to provide them, the
department may contract
46-21 with other agencies or independent contractors to
furnish the required
46-22 services or use of equipment and is responsible for
the administration of
46-23 the contracts.
46-24 Sec. 126. NRS
321.385 is hereby amended to read as follows:
46-25 321.385 The state land registrar, after consultation
with the division of
46-26 forestry of the state department of conservation and
natural resources, may:
46-27 1. Sell timber from any land owned by the State
of Nevada which is
46-28 not assigned to the [division of wildlife of the state] department of
46-29 [conservation and
natural resources.] fish and game.
46-30 2. At the request of the [administrator]
director of the [division of
46-31 wildlife of the
state] department of [conservation and natural resources,]
46-32 fish and game, sell timber from any land
owned by the State of Nevada
46-33 which is assigned to the [division of wildlife.]
department of fish and
46-34 game. Revenues from the sale of
such timber must be deposited with the
46-35 state treasurer for credit to the wildlife account
in the state general fund.
46-36 Sec. 127. NRS
331.165 is hereby amended to read as follows:
46-37 331.165 1. The
Marlette Lake water system advisory committee is
46-38 hereby created to be composed of:
46-39 (a) One member
appointed by the [administrator] director of the
46-40 [division of
wildlife of the state] department of [conservation and natural
46-41 resources.] fish and game.
46-42 (b) One member
appointed by the administrator of the division of state
46-43 parks.
46-44 (c) Three
members from the state legislature, including at least one
46-45 member of the senate and one member of the assembly,
appointed by the
46-46 legislative commission.
46-47 (d) One member
from the staff of the legislative counsel bureau
46-48 appointed by the legislative commission. The member
so appointed shall
46-49 serve as a nonvoting member of the advisory
committee.
47-1 (e) One
member appointed by the state forester firewarden.
47-2 (f) One
member appointed by the department of administration.
47-3 2. The voting members of the advisory committee
shall select one of
47-4 the legislative members of the advisory committee as
chairman and one as
47-5 vice chairman. After the initial selection of a
chairman and vice chairman,
47-6 each such officer serves a term of 2 years beginning
on July 1 of each odd-
47-7 numbered year. If a vacancy occurs in the
chairmanship or vice
47-8 chairmanship, the person appointed to succeed that
officer shall serve for
47-9 the remainder of the unexpired term.
47-10 3. The director of the legislative counsel
bureau shall provide a
47-11 secretary for the advisory committee.
47-12 4. Members of the advisory committee serve at
the pleasure of their
47-13 respective appointing authorities.
47-14 5. The advisory committee may make
recommendations to the
47-15 legislative commission, the interim finance
committee, the department of
47-16 administration, the state department of conservation
and natural resources ,
47-17 and the governor concerning any matters relating to
the Marlette Lake
47-18 water system or any part thereof.
47-19 Sec. 128. NRS
353.250 is hereby amended to read as follows:
47-20 353.250 1. The
state treasurer shall designate the financial
47-21 institutions into which money received by a state
officer, department or
47-22 commission must be deposited.
47-23 2. Except as otherwise provided in subsections 3
and 4, every state
47-24 officer, department or commission which receives or
which may receive
47-25 any money of the State of Nevada or for its use and
benefit shall deposit on
47-26 Thursday of each week, in a financial institution
designated by the state
47-27 treasurer to the credit of the state treasurer’s
account, all money received
47-28 by that officer, department or commission during the
previous week.
47-29 3. Except as otherwise provided in subsection 4,
if on any day the
47-30 money accumulated for deposit is $10,000 or more, a
deposit must be made
47-31 not later than the next working day.
47-32 4. If the [division of wildlife of the state] department of [conservation
47-33 and natural
resources] fish and game accumulates for deposit $10,000
or
47-34 more on any day, the money must be deposited within
10 working days.
47-35 5. Every officer, department or commission which
is required to
47-36 deposit money with the state treasurer shall comply
with that requirement
47-37 by depositing the money in a financial institution
designated by the state
47-38 treasurer to the credit of the state treasurer’s
account.
47-39 6. Every officer, head of any department or
commissioner who fails to
47-40 comply with the provisions of this section is guilty
of a misdemeanor in
47-41 office.
47-42 7. As used in this section, “financial
institution” means a bank, savings
47-43 and loan association, thrift company or credit union
regulated pursuant to
47-44 Title 55 or 56 of NRS.
47-45 Sec. 129. NRS
361.055 is hereby amended to read as follows:
47-46 361.055 1. All
lands and other property owned by the state are
47-47 exempt from taxation, except real property acquired
by the State of Nevada
47-48 and assigned to the [division of wildlife of the state] department of
48-1 [conservation and
natural resources] fish and game which is or was subject
48-2 to taxation under the provisions of this chapter at
the time of acquisition.
48-3 2. In lieu of payment of taxes on each parcel of
real property acquired
48-4 by it which is subject to assessment and taxation
pursuant to subsection 1,
48-5 the [division of
wildlife of the state]
department of [conservation and
48-6 natural resources] fish
and game shall make annual payment to the county
48-7 tax receiver of the county wherein each such parcel
of real property is
48-8 located of an amount equal to the total taxes levied
and assessed against
48-9 each such parcel of real property in the year in
which title to it was
48-10 acquired by the State of Nevada.
48-11 3. Such payments in lieu of taxes must be
collected and accounted for
48-12 in the same manner as taxes levied and assessed
against real property
48-13 pursuant to this chapter are collected and accounted
for.
48-14 4. Money received pursuant to this section must
be apportioned each
48-15 year to the counties, school districts and cities
wherein each such parcel of
48-16 real property is located in the proportion that the
tax rate of each such
48-17 political subdivision bears to the total combined
tax rate in effect for that
48-18 year.
48-19 Sec. 130. NRS
365.535 is hereby amended to read as follows:
48-20 365.535 1. It
is declared to be the policy of the State of Nevada to
48-21 apply the tax on motor vehicle fuel paid on fuel
used in watercraft for
48-22 recreational purposes during each calendar year,
which is hereby declared
48-23 to be not refundable to the consumer, for the
improvement of boating and
48-24 the improvement, operation and maintenance of other
outdoor recreational
48-25 facilities associated with boating and for the
payment of the costs incurred,
48-26 in part, for the administration and enforcement of
the provisions of chapter
48-27 488 of NRS.
48-28 2. The amount of excise taxes paid on all motor
vehicle fuel used in
48-29 watercraft for recreational purposes must be
determined annually by the
48-30 department by use of the following formula:
48-31 (a) Multiplying
the total boats with motors registered the previous
48-32 calendar year, pursuant to provisions of chapter 488
of NRS, times 220.76
48-33 gallons average fuel purchased per boat;
48-34 (b) Adding
566,771 gallons of fuel purchased by out-of-state boaters as
48-35 determined through a study conducted during
1969-1970 by the division of
48-36 agricultural and resource economics, Max C.
Fleischmann College of
48-37 Agriculture, University of Nevada, Reno; and
48-38 (c) Multiplying
the total gallons determined by adding the total obtained
48-39 under paragraph (a) to the figure in paragraph (b)
times the rate of tax, per
48-40 gallon, imposed on motor vehicle fuel used in
watercraft for recreational
48-41 purposes, less the percentage of the tax authorized
to be deducted by the
48-42 supplier pursuant to NRS 365.330.
48-43 3. The [division of
wildlife of the state]
department of [conservation
48-44 and natural
resources] fish and game shall submit annually to the
48-45 department, on or before April 1, the number of
boats with motors
48-46 registered in the previous calendar year. On or
before June 1, the
48-47 department, using that data, shall compute the
amount of excise taxes paid
48-48 on all motor vehicle fuel used in watercraft for
recreational purposes based
48-49 on the formula set forth in subsection 2, and shall
certify the ratio for
49-1 apportionment and distribution, in writing, to the [division of wildlife of
49-2 the state] department of [conservation and natural resources] fish
and
49-3 game and to the division of state
parks of the state department of
49-4 conservation and natural resources for the next
fiscal year.
49-5 4. In each fiscal year, the state treasurer
shall, upon receipt of the tax
49-6 money from the department collected pursuant to the
provisions of NRS
49-7 365.175 to 365.190, inclusive, allocate the amount
determined pursuant to
49-8 subsection 2, in proportions directed by the
legislature, to:
49-9 (a) The
wildlife account in the state general fund. This money may be
49-10 expended only for the administration and enforcement
of the provisions of
49-11 chapter 488 of NRS and for the improvement,
operation and maintenance
49-12 of boating facilities and other outdoor recreational
facilities associated with
49-13 boating on state-owned wildlife management areas.
Any of this money
49-14 declared by the [division of wildlife of the state] department of
49-15 [conservation and
natural resources] fish and game to be in excess of its
49-16 immediate requirements for these purposes may be
transferred to the credit
49-17 of the parks marina development fund for use by the
division of state parks
49-18 of the state department of conservation and natural
resources in accordance
49-19 with the provisions of paragraph (b).
49-20 (b) The parks
marina development fund which is hereby created as a
49-21 special revenue fund for use by the division of
state parks of the state
49-22 department of conservation and natural resources.
All money so deposited
49-23 to the credit of the division of state parks may be
expended only as
49-24 authorized by the legislature for the improvement,
operation and
49-25 maintenance of boating facilities and other outdoor
recreational facilities
49-26 associated with boating.
49-27 5. Money that the state treasurer is required to
allocate pursuant to the
49-28 provisions of subsection 4 may be paid quarterly or
oftener if convenient to
49-29 the state treasurer.
49-30 Sec. 131. NRS
425.500 is hereby amended to read as follows:
49-31 425.500 As used in NRS 425.500 to 425.560, inclusive,
unless the
49-32 context otherwise requires, “agency that issues a
professional, occupational
49-33 or recreational license, certificate or permit”
means the [division of wildlife
49-34 of the state] department of [conservation and natural resources] fish
and
49-35 game and any officer, agency,
board or commission of this state which is
49-36 prohibited by specific statute from issuing or
renewing a license, certificate
49-37 or permit unless the applicant for the issuance or
renewal of that license,
49-38 certificate or permit submits to the officer,
agency, board or commission
49-39 the statement prescribed by the [welfare]
division pursuant to NRS
49-40 425.520.
49-41 Sec. 132. NRS
425.520 is hereby amended to read as follows:
49-42 425.520 1. The
[welfare] division shall
prescribe, by regulation, a
49-43 statement which must be submitted to an agency that
issues a professional,
49-44 occupational or recreational license, certificate or
permit, other than the
49-45 [division of
wildlife of the state] department of [conservation and natural
49-46 resources,] fish
and game, by an applicant for the issuance or renewal of
49-47 such a license, certificate or permit.
49-48 2. The statement prescribed pursuant to
subsection 1 must:
49-49 (a) Provide
the applicant with an opportunity to indicate that:
50-1 (1) He is
not subject to a court order for the support of a child;
50-2 (2) He is
subject to a court order for the support of one or more
50-3 children and is in compliance with the order or is
in compliance with a plan
50-4 approved by the district attorney or other public
agency enforcing the order
50-5 for the repayment of the amount owed pursuant to the
order; or
50-6 (3) He is
subject to a court order for the support of one or more
50-7 children and is not in compliance with the order or
a plan approved by the
50-8 district attorney or other public agency enforcing
the order for the
50-9 repayment of the amount owed pursuant to the order;
50-10 (b) Include a
statement that the application for the issuance or renewal
50-11 of the license, certificate or permit will be denied
if the applicant does not
50-12 indicate on the statement which of the provisions of
paragraph (a) applies
50-13 to the applicant; and
50-14 (c) Include a
space for the signature of the applicant.
50-15 Sec. 133. NRS
425.540 is hereby amended to read as follows:
50-16 425.540 1. If
a master enters a recommendation determining that a
50-17 person:
50-18 (a) Has failed
to comply with a subpoena or warrant relating to a
50-19 proceeding to determine the paternity of a child or
to establish or enforce
50-20 an obligation for the support of a child; or
50-21 (b) Is in arrears
in the payment for the support of one or more
children,
50-22 and the district court issues an order approving the
recommendation of the
50-23 master, the court shall provide a copy of the order
to all agencies that issue
50-24 professional, occupational or recreational licenses,
certificates or permits.
50-25 2. A court order issued pursuant to subsection 1
must provide that if
50-26 the person named in the order does not, within 30
days after the date on
50-27 which the order is issued, submit to any agency that
has issued a
50-28 professional, occupational or recreational license,
certificate or permit to
50-29 that person a letter from the district attorney or
other public agency stating
50-30 that the person has complied with the subpoena or
warrant or has satisfied
50-31 the arrearage pursuant to NRS 425.560, the
professional, occupational or
50-32 recreational licenses issued to the person by that
agency will be
50-33 automatically suspended. Such an order must not
apply to a license,
50-34 certificate or permit issued by the [division of wildlife of the state]
50-35 department of [conservation and natural resources] fish
and game or the
50-36 state land registrar if that license, certificate or
permit expires less than 6
50-37 months after it is issued.
50-38 3. If a court issues an order pursuant to
subsection 1, the district
50-39 attorney or other public agency shall send a notice
by first-class mail to the
50-40 person who is subject to the order. The notice must
include:
50-41 (a) If the
person has failed to comply with a subpoena or warrant, a
50-42 copy of the court order and a copy of the subpoena
or warrant; or
50-43 (b) If the
person is in arrears in the payment for the support of one or
50-44 more children:
50-45 (1) A copy
of the court order;
50-46 (2) A
statement of the amount of the arrearage; and
50-47 (3) A
statement of the action that the person may take to satisfy the
50-48 arrearage pursuant to NRS 425.560.
51-1 Sec. 134. NRS
432B.610 is hereby amended to read as follows:
51-2 432B.610 1. The
peace officers’ standards and training commission
51-3 shall:
51-4 (a) Require
each category I peace officer to complete a program of
51-5 training for the detection and investigation of and
response to cases of
51-6
sexual abuse or sexual exploitation of
children under the age of 18 years.
51-7 (b) Not
certify any person as a category I peace officer unless he has
51-8 completed the program of training required pursuant
to paragraph (a).
51-9 (c) Establish
a program to provide the training required pursuant to
51-10 paragraph (a).
51-11 (d) Adopt
regulations necessary to carry out the provisions of this
51-12 section.
51-13 2. As used in this section, “category I peace
officer” means:
51-14 (a) Sheriffs
of counties and of metropolitan police departments, their
51-15 deputies and correctional officers;
51-16 (b) Personnel
of the Nevada highway patrol appointed to exercise the
51-17 police powers specified in NRS 481.150 and 481.180;
51-18 (c) Marshals,
policemen and correctional officers of cities and towns;
51-19 (d) Members of
the police department of the University and Community
51-20 College System of Nevada;
51-21 (e) Employees
of the division of state parks of the state department of
51-22 conservation and natural resources designated by the
administrator of the
51-23 division who exercise police powers specified in NRS
289.260;
51-24 (f) The chief,
investigators and agents of the investigation division of
51-25 the department of motor vehicles and public safety;
and
51-26 (g) The
personnel of the [division of wildlife of
the state] department
of
51-27 [conservation and
natural resources] fish and game who exercise those
51-28 powers of enforcement conferred by Title 45 and
chapter 488 of NRS.
51-29 Sec. 135. NRS
445A.615 is hereby amended to read as follows:
51-30 445A.615 1. The
director may [authorize the division of
wildlife of]
51-31 issue a permit to
the
department of fish and game to
kill fish through the
51-32 use of toxicants.
51-33 2. The [director
shall] permit must indicate the
terms and conditions
51-34 under which the use of toxicants may take place.
51-35 Sec. 136. NRS
445B.200 is hereby amended to read as follows:
51-36 445B.200 1. The
state environmental commission is hereby created
51-37 within the state department of conservation and
natural resources. The
51-38 commission consists of:
51-39 (a) The [administrator of the division of wildlife] director
of the
51-40 department [;] of fish and game;
51-41 (b) The state
forester firewarden;
51-42 (c) The state
engineer;
51-43 (d) The
director of the state department of agriculture;
51-44 (e) The
administrator of the division of minerals of the commission on
51-45 mineral resources;
51-46 (f) A member
of the state board of health to be designated by that board;
51-47 and
51-48 (g) Five
members appointed by the governor, one of whom is a general
51-49 engineering contractor or a general building
contractor licensed pursuant to
52-1 chapter 624 of NRS and one of whom possesses
expertise in performing
52-2 mining reclamation.
52-3 2. The governor shall appoint the chairman of
the commission from
52-4 among the members of the commission.
52-5 3. A majority of the members constitutes a
quorum, and a majority of
52-6 those present must concur in any decision.
52-7 4. Each member who is appointed by the governor
is entitled to
52-8 receive a salary of not more than $80, as fixed by
the commission, for each
52-9 day’s attendance at a meeting of the commission.
52-10 5. While engaged in the business of the
commission, each member and
52-11 employee of the commission is entitled to receive
the per diem allowance
52-12 and travel expenses provided for state officers and
employees generally.
52-13 6. Any person who receives or has received
during the previous 2
52-14 years a significant portion of his income, as
defined by any applicable state
52-15 or federal law, directly or indirectly from one or
more holders of or
52-16 applicants for a permit required by NRS 445A.300 to
445A.730, inclusive,
52-17 is disqualified from serving as a member of the
commission. The
52-18 provisions of this subsection do not apply to any
person who receives or
52-19 has received during the previous 2 years, a
significant portion of his
52-20 income from any department or agency of state
government which is a
52-21 holder of or an applicant for a permit required by
NRS 445A.300 to
52-22 445A.730, inclusive.
52-23 7. The state department of conservation and
natural resources shall
52-24 provide technical advice, support and assistance to
the commission. All
52-25 state officers, departments, commissions and
agencies, including the
52-26 department of transportation, the department of
human resources, the
52-27 University and Community College System of Nevada,
the state public
52-28 works board, the department of motor vehicles and
public safety, the public
52-29 utilities commission of Nevada, the transportation
services authority and
52-30 the state department of agriculture may also provide
technical advice,
52-31 support and assistance to the commission.
52-32 Sec. 137. NRS
482.368 is hereby amended to read as follows:
52-33 482.368 1. Except
as otherwise provided in subsection 2, the
52-34 department shall provide suitable distinguishing
license plates for exempt
52-35 vehicles. These plates must be displayed on the
vehicles in the same
52-36 manner as provided for privately owned vehicles. The
fee for the issuance
52-37 of the plates is $5. Any license plates authorized
by this section must be
52-38 immediately returned to the department when the vehicle
for which they
52-39 were issued ceases to be used exclusively for the
purpose for which it was
52-40 exempted from the privilege tax.
52-41 2. License plates furnished for:
52-42 (a) Those
vehicles which are maintained for and used by the governor
52-43 or under the authority and direction of the chief
parole and probation
52-44 officer, the state contractors’ board and auditors,
the state fire marshal, the
52-45 investigation division of the department and any
authorized federal law
52-46 enforcement agency or law enforcement agency from
another state;
52-47 (b) One
vehicle used by the department of prisons, three vehicles used
52-48 by the [division of
wildlife of the state]
department of [conservation and
53-1 natural resources,] fish
and game, two vehicles used by the Caliente youth
53-2 center and four vehicles used by the Nevada youth
training center;
53-3 (c) Vehicles
of a city, county or the state, if authorized by the
53-4 department for the purposes of law enforcement or
work related thereto or
53-5 such other purposes as are approved upon proper
application and
53-6 justification; and
53-7 (d) Vehicles
maintained for and used by investigators of the following:
53-8 (1) The
state gaming control board;
53-9 (2) The
state department of agriculture;
53-10 (3) The
attorney general;
53-11 (4) City or
county juvenile officers;
53-12 (5) District
attorneys’ offices;
53-13 (6) Public
administrators’ offices;
53-14 (7) Public
guardians’ offices;
53-15 (8) Sheriffs’
offices;
53-16 (9) Police
departments in the state; and
53-17 (10) The
securities division of the office of the secretary of
state,
53-18 must not bear any distinguishing mark which would
serve to identify the
53-19 vehicles as owned by the state, county or city.
These license plates must be
53-20 issued annually for $12 per plate or, if issued in
sets, per set.
53-21 3. The director may enter into agreements with
departments of motor
53-22 vehicles of other states providing for exchanges of
license plates of regular
53-23 series for vehicles maintained for and used by
investigators of the law
53-24 enforcement agencies enumerated in paragraph (d) of
subsection 2, subject
53-25 to all of the requirements imposed by that
paragraph, except that the fee
53-26 required by that paragraph must not be charged.
53-27 4. Applications for the licenses must be made
through the head of the
53-28 department, board, bureau, commission, school
district or irrigation
53-29 district, or through the chairman of the board of
county commissioners of
53-30 the county or town or through the mayor of the city,
owning or controlling
53-31 the vehicles, and no plate or plates may be issued
until a certificate has
53-32 been filed with the department showing that the name
of the department,
53-33 board, bureau, commission, county, city, town,
school district or irrigation
53-34 district, as the case may be, and the words “For
Official Use Only” have
53-35 been permanently and legibly affixed to each side of
the vehicle, except
53-36 those vehicles enumerated in subsection 2.
53-37 5. As used in this section, “exempt vehicle”
means a vehicle exempt
53-38 from the privilege tax, except a vehicle owned by
the United States.
53-39 6. The department shall adopt regulations
governing the use of all
53-40 license plates provided for in this section. Upon a
finding by the
53-41 department of any violation of its regulations, it
may revoke the violator’s
53-42 privilege of registering vehicles pursuant to this
section.
53-43 Sec. 138. NRS
488.035 is hereby amended to read as follows:
53-44 488.035 As used in this chapter, unless the context
otherwise requires:
53-45 1. “Commission” means the board of wildlife
commissioners.
53-46 2. “Department”
means the department of fish and game.
53-47 3. “Flat wake”
means the condition of the water close astern a moving
53-48 vessel that results in a flat wave disturbance.
54-1 [3.] 4. “Legal owner” means a secured party under a
security
54-2 agreement relating to a vessel or a renter or lessor
of a vessel to the state or
54-3 any political subdivision of the state under a lease
or an agreement to lease
54-4 and sell or to rent and purchase which grants
possession of the vessel to the
54-5 lessee for a period of 30 consecutive days or more.
54-6 [4.] 5. “Motorboat” means any vessel propelled by
machinery,
54-7 whether or not the machinery is the principal source
of propulsion.
54-8 [5.] 6. “Operate” means to navigate or otherwise use
a motorboat or a
54-9 vessel.
54-10 [6.] 7. “Owner” means:
54-11 (a) A person
having all the incidents of ownership, including the legal
54-12 title of a vessel, whether or not he lends, rents or
pledges the vessel; and
54-13 (b) A debtor
under a security agreement relating to a vessel.
54-14 “Owner” does not include a person defined as a
“legal owner” under
54-15 subsection [3.] 4.
54-16 [7.] 8. “Prohibited substance” has the meaning
ascribed to it in NRS
54-17 484.1245.
54-18 [8.] 9. “Registered owner” means the person
registered by the
54-19 commission as the owner of a vessel.
54-20 [9.] 10. A vessel is “under way” if it is adrift,
making way [,]
or being
54-21 propelled, and is not aground, made fast to the
shore, or tied or made fast to
54-22 a dock or mooring.
54-23 [10.] 11. “Vessel” means every description of
watercraft, other than a
54-24 seaplane on the water, used or capable of being used
as a means of
54-25 transportation on water.
54-26 [11.] 12. “Waters of this state” means any waters
within the territorial
54-27 limits of this state.
54-28 Sec. 139. NRS
488.065 is hereby amended to read as follows:
54-29 488.065 1. Every
motorboat on the waters of this state must be
54-30 numbered and titled, except as otherwise provided in
subsection 4 and NRS
54-31 488.175.
54-32 2. Upon receipt of an original application for a
certificate of ownership
54-33 or for transfer of a certificate of ownership on an
undocumented motorboat,
54-34 the [division of
wildlife of the state department of conservation and natural
54-35 resources] department
may assign an appropriate builder’s hull number to
54-36 the motorboat whenever there is no builder’s number
thereon, or when the
54-37 builder’s number has been destroyed or obliterated.
The builder’s number
54-38 must be permanently marked on an integral part of the
hull which is
54-39 accessible for inspection.
54-40 3. A person shall not operate or give permission
for the operation of
54-41 any motorboat on the waters of this state unless:
54-42 (a) The
motorboat is numbered in accordance with the provisions of this
54-43 chapter, with applicable federal law or with the
federally approved
54-44 numbering system of another state;
54-45 (b) The
certificate of number awarded to the motorboat is in effect;
54-46 (c) The
identifying number set forth in the certificate of number is
54-47 displayed on each side of the bow of the motorboat;
and
54-48 (d) A valid
certificate of ownership has been issued to the owner of any
54-49 motorboat required to be numbered under this
chapter.
55-1 4. Any person who purchases or otherwise owns a
motorboat before
55-2 January 1, 1972, is not required to obtain title for
the motorboat until he
55-3 transfers any portion of his ownership in the
motorboat to another person.
55-4 Sec. 140. NRS
488.075 is hereby amended to read as follows:
55-5 488.075 1. The
owner of each motorboat requiring numbering by
55-6 this state shall file an application for a number
and for a certificate of
55-7 ownership with the [division of wildlife of the state department of
55-8 conservation and
natural resources] department on forms approved by it
55-9 accompanied by:
55-10 (a) Proof of
payment of Nevada sales or use tax as evidenced by proof
55-11 of sale by a Nevada dealer or by a certificate of
use tax paid issued by the
55-12 department of taxation, or by proof of exemption
from those taxes as
55-13 provided in NRS 372.320.
55-14 (b) Such
evidence of ownership as the [division of
wildlife] department
55-15 may require.
55-16 The [division of
wildlife] department shall not issue
a number, a certificate
55-17 of number or a certificate of ownership until this
evidence is presented to
55-18 it.
55-19 2. The application must be signed by the owner
of the motorboat and
55-20 must be accompanied by a fee of $15 for the
certificate of ownership and a
55-21 fee according to the following schedule as
determined by the straight line
55-22 length which is measured from the tip of the bow to
the back of the
55-23 transom of the motorboat:
55-24 Less than 13 feet............................. $10
55-25 13 feet or more but less than 18 feet.. 15
55-26 18 feet or more but less than 22 feet.. 30
55-27 22 feet or more but less than 26 feet.. 45
55-28 26 feet or more but less than 31 feet.. 60
55-29 31 feet or more ................................ 75
55-30 Except as otherwise provided in this subsection, all
fees received by the
55-31 [division of
wildlife] department under the provisions of this
chapter must
55-32 be deposited in the wildlife account in the state
general fund and may be
55-33 expended only for the administration and enforcement
of the provisions of
55-34 this chapter. On or before December 31 of each year,
the [division of
55-35 wildlife] department
shall deposit with the respective county school
55-36 districts 50 percent of each fee collected according
to the motorboat’s
55-37 length for every motorboat registered from their
respective counties. Upon
55-38 receipt of the application in approved form, the [division of wildlife]
55-39 department shall enter the application
upon the records of its office and
55-40 issue to the applicant a certificate of number
stating the number awarded to
55-41 the motorboat, a certificate of ownership stating
the same information and
55-42 the name and address of the registered owner and the
legal owner.
55-43 3. A certificate of number may be renewed each
year by the purchase
55-44 of a validation decal. The fee for a validation
decal is determined by the
55-45 straight line length of the motorboat and is
equivalent to the fee set forth in
55-46 the schedule provided in subsection 2. The fee for
issuing a duplicate
55-47 validation decal is $10.
55-48 4. The owner shall paint on or attach to each
side of the bow of the
55-49 motorboat the identification number in such manner
as may be prescribed
56-1 by regulations of the commission in order that the
number may be clearly
56-2 visible. The number must be maintained in legible
condition.
56-3 5. The certificate of number must be pocket size
and must be available
56-4 at all times for inspection on the motorboat for
which issued, whenever the
56-5 motorboat is in operation.
56-6 6. The commission shall provide by regulation
for the issuance of
56-7 numbers to manufacturers and dealers which may be
used interchangeably
56-8 upon motorboats operated by the manufacturers and
dealers in connection
56-9 with the demonstration, sale or exchange of those
motorboats. The fee for
56-10 each such number is $15.
56-11 Sec. 141. NRS
488.078 is hereby amended to read as follows:
56-12 488.078 The [division of
wildlife of the state department of
56-13 conservation and
natural resources] department shall, upon request of the
56-14 welfare division of the department of human
resources, submit to the
56-15 welfare division the name, address and social
security number of each
56-16 person who has been issued a certificate of number
or a validation decal
56-17 and any pertinent changes in that information.
56-18 Sec. 142. NRS
488.105 is hereby amended to read as follows:
56-19 488.105 If an agency of the United States Government
has in force an
56-20 overall system of identification numbering for
motorboats within the
56-21 United States, the numbering system employed
pursuant to the provisions
56-22 of this chapter by the [division of wildlife of the state department of
56-23 conservation and
natural resources] department must be in conformity
56-24 therewith.
56-25 Sec. 143. NRS
488.115 is hereby amended to read as follows:
56-26 488.115 1. The
[division of wildlife of
the state department of
56-27 conservation and
natural resources] department may award any certificate
56-28 of number directly or may authorize any person to
act as an agent for
the
56-29 awarding thereof. If a person accepts the
authorization, he may be assigned
56-30 a block of numbers and certificates therefor which
upon award, in
56-31 conformity with the provisions of this chapter and
with any regulations of
56-32 the commission, is valid as if awarded directly by
the [division of wildlife.]
56-33 department. At the time an agent
forwards the money collected to the
56-34 [division of
wildlife] department, he may retain 50 cents per
certificate of
56-35 number.
56-36 2. All records of the [division of wildlife]
department made or
kept
56-37 pursuant to this section are public records.
56-38 Sec. 144. NRS
488.135 is hereby amended to read as follows:
56-39 488.135 The [division of
wildlife of the state department of
56-40 conservation and
natural resources] department shall fix a day and month
56-41 of the year on which certificates of number due to
expire during the
56-42 calendar year lapse unless renewed pursuant to the
provisions of this
56-43 chapter.
56-44 Sec. 145. NRS
488.145 is hereby amended to read as follows:
56-45 488.145 1. The
owner shall furnish the [division of
wildlife of the
56-46 state department
of conservation and natural resources] department notice
56-47 of the destruction or abandonment of any motorboat
numbered under this
56-48 chapter, within 10 days thereof.
57-1 2. Such destruction or abandonment terminates
the certificate of
57-2 number for the motorboat.
57-3 Sec. 146. NRS
488.155 is hereby amended to read as follows:
57-4 488.155 1. Any
holder of a certificate of number and a certificate of
57-5 ownership shall notify the [division of wildlife of the state department of
57-6 conservation and
natural resources] department, within 10 days, if his
57-7 address no longer conforms to the address appearing
on the certificates and
57-8 shall, as a part of the notification, furnish the [division of wildlife]
57-9 department with his new address.
57-10 2. The commission may provide in its regulations
for the surrender of
57-11 the certificates bearing the former address and its
replacement with new
57-12 certificates bearing the new address or for the
alteration of outstanding
57-13 certificates to show the new address of the holder.
57-14 Sec. 147. NRS 488.171
is hereby amended to read as follows:
57-15 488.171 1. A
person shall not:
57-16 (a) Intentionally
deface, destroy, remove or alter any hull number
57-17 required for a vessel without written authorization
from the [division of
57-18 wildlife of the
state department of conservation and natural resources;]
57-19 department; or
57-20 (b) Place or
stamp any serial number upon a vessel except a number
57-21 assigned to the vessel by the [division of wildlife.] department.
57-22 2. This section does not prohibit:
57-23 (a) The
restoration of the original hull number by an owner of a vessel
57-24 when the restoration is authorized by the [division of wildlife;]
57-25 department; or
57-26 (b) Any
manufacturer from placing numbers or marks in the ordinary
57-27 course of business upon new vessels or parts of
vessels.
57-28 3. The [division of
wildlife] department shall, upon
request, assign a
57-29 hull number to any handmade vessel.
57-30 4. Any person who violates subsection 1 is
guilty of a gross
57-31 misdemeanor.
57-32 Sec. 148. NRS
488.175 is hereby amended to read as follows:
57-33 488.175 1. Except
as otherwise provided in subsection 2, a
57-34 motorboat need not be numbered pursuant to the
provisions of this chapter
57-35 if it is:
57-36 (a) Already
covered by a number in effect which has been awarded or
57-37 issued to it pursuant to federal law or a federally
approved numbering
57-38 system of another state if the boat has not been on
the waters of this state
57-39 for a period in excess of 90 consecutive days.
57-40 (b) A
motorboat from a country other than the United States temporarily
57-41 using the waters of this state.
57-42 (c) A public
vessel of the United States, a state or a political subdivision
57-43 of a state.
57-44 (d) A ship’s
lifeboat.
57-45 (e) A
motorboat belonging to a class of boats which has been exempted
57-46 from numbering by the [division of wildlife of the state department of
57-47 conservation and
natural resources] department after the [division]
57-48 department has found:
58-1 (1) That
the numbering of motorboats of that class will not materially
58-2 aid in their identification; and
58-3 (2) If an
agency of the Federal Government has a numbering system
58-4 applicable to the class of motorboats to which the
motorboat in question
58-5 belongs, that the motorboat would also be exempt
from numbering if it
58-6 were subject to the federal law.
58-7 2. The [division of
wildlife] department may, by
regulation, provide
58-8 for the issuance of exempt numbers for motorboats
not required to be
58-9 registered under the provisions of this chapter.
58-10 3. A motorboat need not be titled pursuant to
the provisions of this
58-11 chapter, if it is already covered by a certificate
of ownership which has
58-12 been awarded or issued to it pursuant to the title
system of another state.
58-13 Sec. 149. NRS
488.1793 is hereby amended to read as follows:
58-14 488.1793 Except as otherwise provided for the creation
or transfer of a
58-15 security interest, no transfer of title to or any
interest in any motorboat
58-16 required to be numbered under this chapter is
effective until one of the
58-17 following conditions is fulfilled:
58-18 1. The transferor has properly endorsed and
delivered the certificate of
58-19 ownership and has delivered the certificate of
number to the transferee as
58-20 provided in this chapter, and the transferee has,
within the prescribed time,
58-21 delivered the documents to the [division of wildlife of the state department
58-22 of conservation
and natural resources] department or placed them in the
58-23 United States mail addressed to the [division of wildlife]
department with
58-24 the transfer fee.
58-25 2. The transferor has delivered to the [division of wildlife]
department
58-26 or placed in the United States mail addressed to the
[division of wildlife]
58-27 department the appropriate documents
for the transfer of ownership
58-28 pursuant to the sale or transfer.
58-29 Sec. 150. NRS
488.1795 is hereby amended to read as follows:
58-30 488.1795 Upon receipt of a properly endorsed
certificate of ownership
58-31 and the certificate of number of any motorboat, the
transferee shall within
58-32 10 days file the certificates , accompanied by a fee of $5 , with the
58-33 [division of
wildlife of the state department of conservation and natural
58-34 resources] department
and thereby make application for a new certificate
58-35 of ownership and a new certificate of number.
58-36 Sec. 151. NRS
488.1797 is hereby amended to read as follows:
58-37 488.1797 1. Before
the issuance of any certificate of ownership, the
58-38 [division of
wildlife of the state department of conservation and natural
58-39 resources] department
shall obtain a statement in writing signed by the
58-40 transferee or transferor, showing:
58-41 (a) The date
of the sale or other transfer of ownership of the motorboat.
58-42 (b) The name
and address of the seller or transferor.
58-43 (c) The name
and address of the buyer or transferee.
58-44 2. Upon receipt of the properly endorsed
certificate of ownership, the
58-45 certificate of number , and the required fee and statement of
information,
58-46 the [division of
wildlife] department shall issue a
new certificate of
58-47 ownership and a new certificate of number to the
transferee. The previous
58-48 number may be reassigned to the transferee.
59-1 Sec. 152. NRS
488.1801 is hereby amended to read as follows:
59-2 488.1801 Any owner of any motorboat numbered under
this chapter
59-3 who sells or transfers his title or any interest in
the motorboat shall within
59-4 10 days notify the [division of wildlife of the state department of
59-5 conservation and
natural resources] department of the sale or transfer and
59-6 furnish the following information:
59-7 1. The name and address of the legal owner and
transferee; and
59-8 2. Such description of the motorboat as may be
required by the
59-9 [division of
wildlife.] department.
59-10 Sec. 153. NRS
488.1803 is hereby amended to read as follows:
59-11 488.1803 Any dealer upon transferring by sale, lease
or otherwise any
59-12 motorboat, whether new or used, required to be
numbered under this
59-13 chapter, shall give written notice of the transfer
to the [division of wildlife
59-14 of the state department
of conservation and natural resources] department
59-15 upon an appropriate form provided by it. The notice
must be given within 3
59-16 days after the sale, but a dealer need not give the
notice when selling or
59-17 transferring a new unnumbered motorboat to another
dealer.
59-18 Sec. 154. NRS
488.1813 is hereby amended to read as follows:
59-19 488.1813 1. If
a certificate of ownership is lost, stolen, damaged or
59-20 mutilated, an application for transfer may be made
upon a form provided
59-21 by the [division of
wildlife of the state department of conservation and
59-22 natural resources] department
for a duplicate certificate of ownership. The
59-23 transferor shall write his signature and address in
the appropriate spaces
59-24 provided upon the application and file it together
with the proper fees for a
59-25 duplicate certificate of ownership and transfer.
59-26 2. The [division of
wildlife] department may receive the
application
59-27 and examine into the circumstances of the case and
may require the filing
59-28 of affidavits or other information, and when the [division of wildlife]
59-29 department is satisfied that the
applicant is entitled to a transfer of
59-30 ownership, it may transfer the ownership of the
motorboat, and issue a new
59-31 certificate of ownership [,] and certificate of
number to the person found to
59-32 be entitled thereto.
59-33 Sec. 155. NRS
488.1823 is hereby amended to read as follows:
59-34 488.1823 1. No
security interest in any motorboat required to be
59-35 numbered under this chapter, whether the number was
awarded before or
59-36 after the creation of the security interest, is
perfected until the secured party
59-37 or his successor or assignee has deposited with the [division of wildlife of
59-38 the state
department of conservation and natural resources] department a
59-39 properly endorsed certificate of ownership to the
motorboat subject to the
59-40 security interest.
59-41 2. The certificate must show the secured party
as legal owner if the
59-42 motorboat is then numbered under this chapter, or if
not so numbered, the
59-43 registered owner shall file an initial application
for a certificate of number
59-44 and for a certificate of ownership and the
certificate of ownership issued
59-45 thereunder must contain the name and address of the
legal owner.
59-46 3. Upon compliance with subsections 1 and 2, the
security interest is
59-47 perfected and the records of the [division of wildlife]
department must
59-48 show the secured party or his successor or assignee
as the legal owner of
59-49 the motorboat.
60-1 Sec. 156. NRS
488.1826 is hereby amended to read as follows:
60-2 488.1826 1. If
the [division of wildlife of
the state department of
60-3 conservation and
natural resources] department receives a copy of a court
60-4 order issued pursuant to NRS 425.540 that provides
for the suspension of
60-5 all professional, occupational and recreational licenses,
certificates and
60-6 permits issued to a person who has been issued a
certificate of number or a
60-7 validation decal, the [division of wildlife]
department shall
deem the
60-8 certificate of number or validation decal issued to
that person to be
60-9 suspended at the end of the 30th day after the date
on which the court order
60-10 was issued unless the [division of wildlife]
department receives
a letter
60-11 issued by the district attorney or other public
agency pursuant to NRS
60-12 425.550 to the person who has been issued the
certificate of number or
60-13 validation decal stating that the person has
complied with the subpoena or
60-14 warrant or has satisfied the arrearage pursuant to
NRS 425.560.
60-15 2. The [division of
wildlife] department shall reinstate
a certificate of
60-16 number or validation decal that has been suspended
by a district court
60-17 pursuant to NRS 425.540 if the [division of wildlife]
department receives
a
60-18 letter issued by the district attorney or other
public agency pursuant to NRS
60-19 425.550 to the person whose certificate of number or
validation decal was
60-20 suspended stating that the person whose certificate
of number or validation
60-21 decal was suspended has complied with the subpoena
or warrant or has
60-22 satisfied the arrearage pursuant to NRS 425.560.
60-23 Sec. 157. NRS
488.1827 is hereby amended to read as follows:
60-24 488.1827 The [division of
wildlife of the state department of
60-25 conservation and
natural resources] department may suspend or revoke
60-26 any certificate of ownership, certificate of number
or number of any
60-27 motorboat if it is satisfied that any such
certificate or number was
60-28 fraudulently obtained, or that the appropriate fee
was not paid.
60-29 Sec. 158. NRS
488.195 is hereby amended to read as follows:
60-30 488.195 1. The
exhaust of every internal combustion engine used on
60-31 any motorboat must be effectively muffled by
equipment so constructed
60-32 and used as to muffle the noise of the exhaust in a
reasonable manner.
60-33 2. The use of cutouts is prohibited.
60-34 3. Subsections 1 and 2 do not apply to:
60-35 (a) Motorboats
competing in a regatta or boat race approved as provided
60-36 in NRS 488.305;
60-37 (b) Such
motorboats while on trial runs between the hours of 9 a.m. and
60-38 5 p.m. and during a period not to exceed 48 hours
immediately preceding
60-39 the regatta or boat race;
60-40 (c) Such
motorboats while competing in official trials for speed records
60-41 during a period not to exceed 48 hours immediately
following the regatta
60-42 or boat race; or
60-43 (d) Any
motorboat operating under a separate permit issued by the
60-44 [division of
wildlife of the state department of conservation and natural
60-45 resources] department
for tuning engines, making test or trial runs or
60-46 competing in official trials for speed records other
than in connection with
60-47 regattas or boat races.
60-48 4. The [division of
wildlife] department shall issue
permits for the
60-49 purposes enumerated in paragraph (a) of subsection
3, under such
61-1 conditions and restrictions as the commission
determines necessary to
61-2 prevent a public nuisance and to assure the public
safety. The commission
61-3 may adopt regulations to carry out the provisions of
this subsection.
61-4 Sec. 159. NRS
488.197 is hereby amended to read as follows:
61-5 488.197 1. No
vessel may be equipped with nor shall any person use
61-6 or install upon a vessel a siren, except as
otherwise provided in this
61-7 chapter.
61-8 2. Any authorized emergency vessel, when
approved by the [division
61-9 of wildlife of the
state department of conservation and natural resources,]
61-10 department, may be equipped with a siren
capable of sound audible under
61-11 normal conditions from a distance of not less than
500 feet, but the siren
61-12 must not be used except if the vessel is operated in
response to an
61-13 emergency call or in the immediate pursuit of an
actual or suspected
61-14 violator of the law, in which event the operator of
the vessel shall sound
61-15 the siren when necessary to warn persons of the
approach thereof.
61-16 Sec. 160. NRS
488.259 is hereby amended to read as follows:
61-17 488.259 1. Except
as otherwise provided in NRS 488.263, a person
61-18 shall not place any mooring buoy in any waters of
this state, other than the
61-19 Lake Mead National Recreation Area, without a permit
issued by:
61-20 (a) The
division of state lands, if the mooring buoy is to be placed in
61-21 navigable waters.
61-22 (b) The [division of wildlife of the state department of conservation
and
61-23 natural resources,] department,
if the mooring buoy is to be placed in any
61-24 other waters.
61-25 2. The division of state lands shall transmit a
copy of each application
61-26 for a permit for the placement of a mooring buoy in
the navigable waters of
61-27 this state to the [division of wildlife]
department as soon
as practicable
61-28 after receipt.
61-29 3. Upon receipt of such a copy, the [division of wildlife]
department
61-30 shall review the application to determine whether
the placement of the
61-31 buoy is in the best interests of the state. To
determine whether the
61-32 placement of a mooring buoy is in the best interests
of the state, the
61-33 [division of
wildlife] department may consider the likelihood that
the buoy
61-34 will:
61-35 (a) Interfere
with navigation.
61-36 (b) Become a
hazard to persons or wildlife.
61-37 (c) Have any
other detrimental effect on the body of water in which it is
61-38 placed.
61-39 4. If the [division of wildlife]
department determines
that the permit
61-40 should be denied, [it] the department shall
submit such a recommendation
61-41 to the division of state lands and provide a brief
summary of the reason for
61-42 the recommendation within 30 days after the date on
which the application
61-43 was transmitted.
61-44 5. If the division of state lands does not
receive a recommendation for
61-45 the denial of the permit from the [division of wildlife]
department within
61-46 the 30-day period provided in subsection 4, the
application shall be deemed
61-47 to be approved by the [division of wildlife.] department.
62-1 Sec. 161. NRS
488.261 is hereby amended to read as follows:
62-2 488.261 1. The
[division of wildlife of
the state department of
62-3 conservation and
natural resources] department may issue to any person a
62-4 permit to place a mooring buoy in the nonnavigable
waters of this state.
62-5 The [division of
wildlife] department shall charge
and collect a fee in the
62-6 amount set by the commission for each permit issued
pursuant to this
62-7 subsection. Unless suspended or revoked by the [division of wildlife,]
62-8 department, a permit issued pursuant to
this subsection is valid through
62-9 December 31 of the year in which it is issued. Such
a permit may be
62-10 renewed annually by paying the fee set by the
commission on or before
62-11 January 1 of each year.
62-12 2. The [division of
wildlife] department may issue a
permit for the
62-13 temporary placement of a buoy, other than a
navigational aid, for practice
62-14
courses or marine events. The [division of wildlife]
department shall
62-15 charge and collect a fee in the amount set by the
commission for each
62-16 permit issued pursuant to this subsection. Unless
suspended or revoked by
62-17 the [division of
wildlife,] department, a permit
issued pursuant to this
62-18 subsection is valid for the period indicated on the
face of the permit which
62-19 must not exceed 6 months.
62-20 3. The commission shall adopt by regulation fees
for:
62-21 (a) The
issuance and renewal of permits for mooring buoys pursuant to
62-22 subsection 1 which must not be more than $100 for
each buoy per year.
62-23 (b) The
issuance of permits for the temporary placement of buoys for
62-24 practice courses or marine events pursuant to
subsection 2 which must not
62-25 be more than $50 per buoy.
62-26 4. The commission may:
62-27 (a) Adopt such
regulations as are necessary to carry out the provisions
62-28 of NRS 488.257 to 488.285, inclusive; and
62-29 (b) Establish
a schedule of administrative fines for the violation of those
62-30 regulations which may be assessed in addition to any
criminal penalties for
62-31 the same act.
62-32 5. The [division of
wildlife] department is responsible
for the
62-33 enforcement of the laws of this state governing
mooring buoys and may:
62-34 (a) Revoke or
suspend a permit for a mooring buoy issued pursuant to
62-35 subsection 1 or 2 or by the division of state lands
if:
62-36 (1) The
person responsible for the buoy fails to comply with all
62-37 applicable statutes and regulations concerning the
buoy; or
62-38 (2) The buoy
becomes a hazard to navigation.
62-39 (b) Remove any
mooring buoy determined to be unlawfully placed.
62-40 6. This section does not require an agency of
this state or the United
62-41 States Government to obtain written authorization to
place, move, remove,
62-42 destroy or tamper with buoys or navigational aids on
the navigable waters
62-43 of this state.
62-44 Sec. 162. NRS
488.285 is hereby amended to read as follows:
62-45 488.285 1. Except
as otherwise provided in subsection 2:
62-46 (a) A person
shall not moor any vessel to any buoy or navigational aid
62-47 placed in any waterway by authority of the United
States or any other
62-48 governmental authority, or in any manner attach a
vessel to any such buoy
62-49 or navigational aid.
63-1 (b) A person
shall not place, move, remove, destroy or tamper with any
63-2 buoy or other navigational aid without written
authorization from the
63-3 [division of
wildlife of the state department of conservation and natural
63-4 resources.] department.
63-5 2. The provisions of subsection 1 do not apply
to mooring buoys.
63-6 3. A person who violates a provision of
subsection 1 shall be punished:
63-7 (a) If no
injury results from the violation, for a misdemeanor.
63-8 (b) If bodily
injury or property damage in excess of $200 results from
63-9 the violation, for a gross misdemeanor.
63-10 (c) If a human
death results from the violation, for a category D felony
63-11 as provided in NRS 193.130.
63-12 4. Nothing in this section requires an agency of
this state or the United
63-13 States Government to obtain written authorization to
place, move, remove,
63-14 destroy or tamper with buoys or navigational aids on
navigable waters of
63-15 this state.
63-16 Sec. 163. NRS
488.291 is hereby amended to read as follows:
63-17 488.291 1. A
person shall not abandon a vessel upon a public
63-18 waterway or public or private property without the
consent of the owner or
63-19 person in lawful possession or control of the
property.
63-20 2. The abandonment of any vessel in a manner
prohibited by
63-21 subsection 1 is prima facie evidence that the last
registered owner of
63-22 record, unless he has notified the [division of wildlife of the state
63-23 department of
conservation and natural resources] department or other
63-24 appropriate agency of his relinquishment of title or
interest therein, is
63-25 responsible for the abandonment. The person so
responsible is liable for the
63-26 cost of removal and disposition of the vessel.
63-27 3. A game warden, sheriff or other peace officer
of this state may
63-28 remove a vessel from a public waterway when:
63-29 (a) The vessel
is left unattended and is adrift, moored, docked, beached
63-30 or made fast to land in such a position as to
interfere with navigation or in
63-31 such a condition as to create a hazard to other
vessels using the waterway,
63-32 to public safety or to the property of another.
63-33 (b) The vessel
is found upon a waterway and a report has previously
63-34
been made that the vessel has been stolen or
embezzled.
63-35 (c) The person
in charge of the vessel is by reason of physical injuries
63-36 or illness incapacitated to such an extent as to be
unable to provide for its
63-37 custody or removal.
63-38 (d) An officer
arrests a person operating or in control of the vessel for
63-39 an alleged offense, and the officer is required or
permitted to take, and does
63-40 take, the person arrested before a magistrate
without unnecessary delay.
63-41 (e) The vessel
seriously interferes with navigation or otherwise poses a
63-42 critical and immediate danger to navigation or to
the public health, safety
63-43 or welfare.
63-44 Sec. 164. NRS
488.293 is hereby amended to read as follows:
63-45 488.293 1. A
peace officer may attempt to identify the registered
63-46 owner of a vessel abandoned on private property by
inspection of the
63-47 vessel and any trailer to which it is attached and
may supply the
63-48 information to the property owner. The property
owner must declare by
63-49 affidavit the reasons why he believes the property
to be abandoned. The
64-1 property owner must give 5 days’ notice to the last
registered owner before
64-2 causing the removal of the vessel. If the last registered
owner is unknown
64-3 or cannot be notified, the vessel may immediately be
removed to a secure
64-4 location designated by a peace officer.
64-5 2. A peace officer shall, within 48 hours after
directing the removal of
64-6 an abandoned vessel on a public waterway or public
or private property,
64-7 notify the [division of
wildlife of the state department of conservation and
64-8 natural resources] department
of the status of the vessel.
64-9 3. A law enforcement agency that has custody of
an abandoned vessel
64-10 shall, if the agency knows or can reasonably
discover the name and address
64-11 of the owner of the vessel or any person who holds a
security interest in the
64-12 vessel, notify the owner or the holder of the
security interest of the location
64-13 of the vessel and the method by which the vessel may
be claimed. The
64-14 notice must be sent by certified or registered mail.
64-15 4. If the abandoned vessel is held by a law
enforcement agency as
64-16 evidence in the investigation or prosecution of a
criminal offense, the
64-17 notice required by subsection 3 must be sent:
64-18 (a) Upon the
decision of the law enforcement agency or district attorney
64-19 not to pursue or prosecute the case;
64-20 (b) Upon the
conviction of the person who committed the offense; or
64-21 (c) If the
case is otherwise terminated.
64-22 5. Failure to reclaim the vessel within 180 days
after the date the
64-23 notice is mailed constitutes a waiver of interest in
the vessel by any person
64-24 having an interest in the vessel and the vessel
shall be deemed abandoned
64-25 for all purposes.
64-26 6. If all recorded interests in a vessel are
waived, as provided in
64-27 subsection 5 or by written disclaimer, the [division of wildlife]
department
64-28 may issue a certificate of ownership to the law
enforcement agency that has
64-29 custody of the vessel. If necessary, the [division of wildlife]
department
64-30 may assign a hull number to the vessel. This
subsection does not preclude
64-31 the subsequent return of a vessel, or any component
part thereof, by a law
64-32 enforcement agency to the registered owner of the
vessel upon presentation
64-33 by the registered owner of satisfactory proof of
ownership.
64-34 7. A law enforcement agency to which a
certificate of ownership is
64-35 issued pursuant to subsection 6 may use, sell or
destroy the vessel, and
64-36 shall keep a record of the disposition of the
vessel. If the law enforcement
64-37 agency:
64-38 (a) Sells the
vessel, all proceeds from the sale of the vessel become the
64-39 property of the law enforcement agency.
64-40 (b) Destroys
the vessel, the law enforcement agency shall, within 10
64-41 days, give notice of the destruction of the vessel
to the [division of
64-42 wildlife.] department.
64-43 Sec. 165. NRS
488.305 is hereby amended to read as follows:
64-44 488.305 1. The
[division of wildlife of
the state department of
64-45 conservation and
natural resources] department may authorize the holding
64-46 of regattas, motorboat or other boat races, marine
parades, tournaments or
64-47 exhibitions on any waters of this state. The commission
shall adopt
64-48 regulations concerning the safety of motorboats and
other vessels and
64-49 persons thereon, either observers or participants.
65-1 2. At least 30 days before a regatta, motorboat
or other boat race,
65-2 marine parade, tournament or exhibition is proposed
to be held, the person
65-3 in charge thereof must file an application with the [division of wildlife]
65-4 department for permission to hold the
regatta, motorboat or other boat
65-5 race, marine parade, tournament or exhibition. No
such event may be
65-6 conducted without the written authorization of the [division of wildlife.]
65-7 department.
65-8 3. The [administrator]
director of the [division of wildlife]
department
65-9 may require an applicant, or the sponsor of the
event, as a condition of the
65-10 approval of a regatta, motorboat or other boat race,
marine parade,
65-11 tournament or exhibition, to enter into an agreement
to reimburse the
65-12 [division] department
for expenses incurred by the [division]
department
65-13 to ensure that the event is conducted safely,
including, without limitation,
65-14 expenses for equipment used, expenses for personnel
and general operating
65-15 expenses.
65-16 4. The application must set forth the date, time
and location where it is
65-17 proposed to hold the regatta, motorboat or other
boat race, marine parade,
65-18 tournament or exhibition, the type of vessels
participating, the number and
65-19 kind of navigational aids required and the name of a
person who will be
65-20 present at the event to ensure that the conditions
of the permit are satisfied.
65-21 5. The provisions of this section do not exempt
any person from
65-22 compliance with applicable federal law or
regulation.
65-23 Sec. 166. NRS
488.320 is hereby amended to read as follows:
65-24 488.320 1. A
person shall not maintain or operate upon the waters of
65-25 this state any vessel which is equipped with a
marine sanitation device
65-26 unless the device is approved by the United States
Coast Guard and:
65-27 (a) Is
designed to prevent the overboard discharge of treated and
65-28 untreated sewage; or
65-29 (b) Is adequately
secured to prevent the overboard discharge of treated
65-30 and untreated sewage.
65-31 2. It is unlawful for any person to discharge or
attempt to discharge
65-32 sewage from a vessel into the waters of this state.
65-33 3. The commission shall adopt regulations:
65-34 (a) That it
determines are necessary to carry out the provisions of this
65-35 section; and
65-36 (b) Establishing
a schedule of civil penalties for various violations of
65-37 this section and those regulations.
65-38 4. A person who violates any provision of this
section or the
65-39 regulations adopted pursuant to subsection 3:
65-40 (a) Is guilty
of a misdemeanor; and
65-41 (b) In
addition to any criminal penalty, is subject to:
65-42 (1) The
suspension of the certificate of number of his vessel for 180
65-43 consecutive days; and
65-44 (2) A civil
penalty of not less than $250, as established in regulations
65-45 adopted by the commission, payable to the [division of wildlife of the state
65-46 department of
conservation and natural resources.] department.
65-47 5. As used in this section, unless the context
otherwise requires:
65-48 (a) “Discharge”
means to spill, leak, pump, pour, emit, empty or dump
65-49 sewage into the water.
66-1 (b) “Marine
sanitation device” means a toilet facility which is installed
66-2 on board a vessel and which is designed to receive,
retain, treat or
66-3 discharge sewage, and any process to treat that
sewage. The term does not
66-4 include portable devices which are designed to be
carried onto and off of a
66-5 vessel.
66-6 (c) “Sewage”
means wastes from the human body and wastes from
66-7 toilets or other receptacles, including marine
sanitation devices, designed
66-8 to receive or retain wastes from the human body.
66-9 (d) “Vessel”
includes any watercraft or structure floating on the water,
66-10 whether or not capable of self-locomotion, including
houseboats, barges
66-11 and similar structures.
66-12 Sec. 167. NRS
488.550 is hereby amended to read as follows:
66-13 488.550 1. The
operator of a vessel involved in a collision, accident
66-14 or other casualty shall, so far as he can do so
without serious danger to his
66-15 own vessel, crew and passengers, render to other
persons affected by the
66-16 casualty such assistance as may be practicable and
as may be necessary to
66-17 save them from or minimize any danger caused by the
casualty, and shall
66-18 give his name, address and the identification of his
vessel in writing to any
66-19 person injured and to the owner of any property
damaged in the casualty.
66-20 2. In the case of collision, accident or other
casualty involving a
66-21 vessel, the operator thereof, if the casualty
results in death or injury to a
66-22 person or damage to property in excess of $500,
shall file with the [division
66-23 of wildlife of the
state department of conservation and natural resources]
66-24 department a full description of the
casualty, including, without limitation,
66-25 such information as the commission may, by
regulation, require.
66-26 3. Upon receipt of a claim under a policy of
insurance with respect to a
66-27 collision, accident or other casualty for which a
report is required by
66-28 subsection 2, the insurer shall provide written
notice to the insured of his
66-29 responsibility pursuant to subsection 2 to file with
the [division of wildlife]
66-30 department a full description of the
casualty.
66-31 4. Upon receipt of a request for repair with
respect to a collision,
66-32 accident or other casualty for which a report is
required by subsection 2,
66-33 the person who repairs the vessel shall provide
written notice to the person
66-34 requesting the repairs of the requirement set forth
in subsection 2 that the
66-35 operator file with the [division of wildlife]
department a full
description of
66-36 the casualty.
66-37 5. The insurer and the person who repairs a
vessel shall transmit a
66-38 copy of each notice they provide pursuant to
subsections 3 and 4,
66-39 respectively, to the [division of wildlife]
department at the
same time the
66-40 notice is provided to the insured or person
requesting the repairs.
66-41 6. The [division of
wildlife] department shall
investigate or cause to
66-42 be investigated a collision, accident or other
casualty involving a vessel
66-43 which results in death or substantial bodily injury
and shall gather evidence
66-44 to be used in the prosecution of a person charged
with violating a law in
66-45 connection with the collision, accident or other
casualty. The [division of
66-46 wildlife] department
may investigate or cause to be investigated a
66-47 collision, accident or other casualty involving a
vessel which does not
66-48 result in death or substantial bodily injury and may
gather evidence to be
67-1 used in the prosecution of a person charged with
violating a law in
67-2 connection with the collision, accident or other
casualty.
67-3 Sec. 168. NRS
488.560 is hereby amended to read as follows:
67-4 488.560 In accordance with any request made by an
authorized official
67-5 or agency of the United States, any information
compiled or otherwise
67-6 available to the [division of wildlife of the state department of conservation
67-7 and natural
resources] department pursuant to NRS 488.550 must be
67-8 transmitted to the official or agency of the United
States.
67-9 Sec. 169. NRS
488.900 is hereby amended to read as follows:
67-10
488.900
1. Every game warden, sheriff and other peace officer of
67-11 this state and its political subdivisions shall
enforce the provisions of this
67-12 chapter and may stop and board any vessel subject to
the provisions of this
67-13 chapter.
67-14 2. Any vessel located upon the waters of this
state is subject to
67-15 inspection by the [division of wildlife of the state department of
67-16 conservation and
natural resources] department or any lawfully designated
67-17 agent or inspector thereof at any time to determine
whether the vessel is
67-18 equipped in compliance with the provisions of this
chapter.
67-19 3. Any vessel located upon the waters of this
state is subject to
67-20 inspection by the division of environmental protection
of the state
67-21 department of conservation and natural resources or
any lawfully
67-22 designated agent or inspector thereof at any time to
determine whether the
67-23 vessel is equipped in compliance with the provisions
of NRS 488.320. As
67-24 used in this subsection, “vessel” includes any
watercraft or structure
67-25 floating on the water, whether or not capable of
self-locomotion, including
67-26 houseboats, barges and similar structures.
67-27 Sec. 170. NRS
528.053 is hereby amended to read as follows:
67-28 528.053 1. No
felling of trees, skidding, rigging or construction of
67-29 tractor or truck roads or landings, or the operation
of vehicles, may take
67-30 place within 200 feet, measured on the slope, of the
high water mark of any
67-31 lake, reservoir, stream or other body of water
unless a variance is first
67-32 obtained from a committee composed of the state
forester firewarden, the
67-33 [administrator] director
of the [division of wildlife of
the state] department
67-34 of [conservation
and natural resources]
fish and game, and
the state
67-35 engineer.
67-36 2. The committee may grant a variance
authorizing any of the
67-37 activities prohibited by subsection 1 within a
200-foot buffer area if the
67-38 committee determines that the goals of conserving
forest resources and
67-39 achieving forest regeneration, preserving
watersheds, reaching or
67-40 maintaining water quality standards adopted by
federal and state law,
67-41 continuing water flows, preserving and providing for
the propagation of
67-42 fish life and stream habitat and preventing significant
soil erosion will not
67-43 be compromised.
67-44 3. In acting on a request for such variances , the committee shall
67-45 consider the following factors:
67-46 (a) The extent
to which such requested activity is consistent with good
67-47 forestry management for the harvesting of timber;
67-48 (b) The extent
to which such requested activity significantly impedes or
67-49 interrupts the natural volume and flow of water;
68-1 (c) The
extent to which such requested activity significantly affects a
68-2 continuation of the natural quality of the water
pursuant to state and federal
68-3 water quality standards;
68-4 (d) The
extent to which such requested activity is consistent with the
68-5 prevention of significant soil erosion;
68-6 (e) The
extent to which such requested activity may significantly
68-7 obstruct fish passage, cause sedimentation in fish
spawning areas, infringe
68-8 on feeding and nursing areas , and cause variations of water temperatures;
68-9 and
68-10 (f) The
filtration of sediment-laden water as a consequence of timber
68-11 harvesting on adjacent slopes.
68-12 Sec. 171. NRS
534A.070 is hereby amended to read as follows:
68-13 534A.070 1. The
administrator of the division of minerals of the
68-14 commission on mineral resources shall approve or
reject an application for
68-15 a permit to drill an exploratory well within 10 days
after he receives the
68-16 application in proper form. The permit must not be
effective for more than
68-17 2 years, but may be extended by the administrator.
68-18 2. Upon receipt of an application for a permit
to drill or operate a
68-19 geothermal well, the administrator of the division
of minerals shall transmit
68-20 copies of the application to the state engineer, the
administrator of the
68-21 division of environmental protection of the state
department of
68-22 conservation and natural resources , and the [administrator]
director of the
68-23 [division of
wildlife of the state] department of [conservation and natural
68-24 resources.] fish
and game. After consultation with the state engineer , the
68-25 administrator of
the division of environmental protection, and [each of
68-26 the
administrators,] the director of the department of fish and game, the
68-27 administrator of the division of minerals may issue
a permit to drill or
68-28 operate a geothermal well if it is determined that
issuance of a permit is
68-29 consistent with:
68-30 (a) The
policies specified in NRS 445A.305 and 445B.100;
68-31 (b) The
purposes of chapters 533 and 534 of NRS; and
68-32 (c) The
purposes specified in chapter 501 of NRS.
68-33 3. The administrator of the division of minerals
shall approve or reject
68-34 the application to drill or operate a geothermal
well within 90 days after he
68-35 receives it in proper form, unless it is determined
that a conflict exists
68-36 pursuant to subsection 2 or a public hearing is
necessary pursuant to
68-37 subsection 4. Notice of the conflict or need for a
public hearing must be
68-38 provided to the applicant within the 90-day period.
68-39 4. The state engineer and the administrator of
the division of minerals
68-40 may hold public hearings jointly or separately to
gather such evidence or
68-41 information as they deem necessary for a full
understanding of all the
68-42 rights involved and to guard properly the public
interest.
68-43 5. A permit issued pursuant to this section must
include any
68-44 conditions:
68-45 (a) Deemed
necessary by the administrator of the division of minerals to
68-46 carry out the purposes of this section; and
68-47 (b) Imposed by
the state engineer consistent with the provisions of
68-48 chapters 533 and 534 of NRS.
69-1 Sec. 172. NRS
535.060 is hereby amended to read as follows:
69-2 535.060 1. On
any stream system and its tributaries in this state the
69-3 distribution of the waters of which are vested in
the state engineer by law
69-4 or the final decree of court, where beaver, by the
construction of dams or
69-5 otherwise, are found to be interfering with the
lawful and necessary
69-6 distribution of water to the proper users thereof,
the state engineer, upon
69-7 complaint of any interested water user, shall
investigate or cause the
69-8 investigation of the matter.
69-9 2. The state engineer and his assistants and
water commissioners and
69-10 the [division of
wildlife of the state]
department of [conservation and
69-11 natural resources] fish
and game and its agents may enter upon privately
69-12 owned lands for the purposes of investigating the
conditions complained of
69-13 and the removal and trapping of beaver.
69-14 3. If satisfied that such beaver are interfering
with the flow of water to
69-15 the detriment of water users, the state engineer
shall serve a written notice
69-16 on the owner of the land, if it is privately owned,
stating:
69-17 (a) That the
beaver thereon are interfering with or stopping the flow of
69-18 water necessary for the proper serving of water
rights; and
69-19 (b) That unless,
within 10 days from receipt of the notice, written
69-20 objection to the removal of such beaver is filed
with the state engineer by
69-21 the landowner, the [division of wildlife of the state] department of
69-22 [conservation and
natural resources] fish and game will remove such
69-23 beaver or as many thereof as will rectify the
existing conditions.
69-24 4. Failure of the landowner to file such written
objections shall be
69-25 deemed a waiver thereof. Upon receipt of written
objections , the
state
69-26 engineer may make further investigation and may
sustain or overrule the
69-27 objections as the facts warrant. Upon the overruling
of the objections, the
69-28 landowner may have them reviewed by the district
court having
69-29 jurisdiction of the land by filing therein a
petition for review within 10
69-30 days from the receipt of the order of the state
engineer overruling the
69-31 objections. The proceedings on the petition must be
informal and heard by
69-32 the court at the earliest possible moment.
69-33 5. Upon the landowner’s waiver of objections to
the removal of beaver
69-34 from his land, or upon final determination by the
court that the beaver
69-35 should be removed, the state engineer shall
immediately notify the
69-36 [division of
wildlife] department of fish and game of the waiver or
69-37 determination and the [division]
department or its
agents shall enter upon
69-38 the land from which the beaver are to be removed and
remove them or as
69-39 many as may be necessary to prevent the improper
flow of water as
69-40 directed by the state engineer.
69-41 6. The state engineer may remove or cause the
removal of any beaver
69-42 dam found to be obstructing the proper and necessary
flow of water to the
69-43 detriment of water users.
69-44 Sec. 173. NRS
561.301 is hereby amended to read as follows:
69-45 561.301 Aquatic agriculture, which includes the
propagation,
69-46 cultivation and harvesting of plants indigenous to
water in a controlled or
69-47 selected aquatic environment for the commercial
production of food, is one
69-48 of the agricultural enterprises conducted in this
state. The department shall
69-49 promote, protect and regulate aquatic agriculture to
the extent that the
70-1 department is authorized to regulate other forms of
agriculture and other
70-2 agricultural products. The department shall confer
with the [division of
70-3 wildlife of the
state] department of [conservation and natural resources]
70-4 fish and game regarding aquatic
agriculture to prevent any adverse effects
70-5 on existing aquatic animals.
70-6 Sec. 174. NRS
571.120 is hereby amended to read as follows:
70-7 571.120 1. The
department shall do all things necessary for the
70-8 control and eradication of infectious, contagious or
parasitic diseases of
70-9 livestock.
70-10 2. The director shall cooperate with the [administrator]
director of the
70-11 [division of
wildlife of the state] department of [conservation and natural
70-12 resources] fish
and game in a program to prevent the spread of
70-13 communicable diseases in livestock and wildlife in
this state.
70-14 3. As used in this section, “wildlife” has the
meaning ascribed to it in
70-15 NRS 501.097.
70-16 Sec. 175. NRS
576.129 is hereby amended to read as follows:
70-17 576.129 1. It
is unlawful for any person to import, possess or
70-18 propagate any alternative livestock unless he first
obtains from the state
70-19 board of agriculture a permit that authorizes him to
do so.
70-20 2. The state board of agriculture shall adopt
regulations for the
70-21 importation, possession and propagation of
alternative livestock. The
70-22 regulations must set forth requirements for:
70-23 (a) Facilities
used to confine alternative livestock, including minimum
70-24 requirements for fencing to prevent the escape of
alternative livestock.
70-25 (b) The
genetic testing of alternative livestock.
70-26 (c) Keeping
and maintaining records related to the importation, transfer,
70-27 possession and propagation of alternative livestock.
70-28 (d) Identifying
and marking alternative livestock.
70-29 (e) Marketing
alternative livestock.
70-30 (f) The filing
of any bonds which may be required by the state board of
70-31 agriculture.
70-32 3. In adopting the regulations required by
subsection 2, the state board
70-33 of agriculture shall consult with the [division of wildlife of the state]
70-34 department of [conservation and natural resources] fish
and game and the
70-35 board of wildlife commissioners concerning the
provisions that are
70-36 necessary to protect wildlife in this state and in
the areas designated as
70-37 areas of special concern by the board of wildlife
commissioners pursuant to
70-38 NRS 501.181.
70-39 4. The state board of agriculture shall
establish by regulation a
70-40 schedule of fees required to be paid for a permit
issued pursuant to this
70-41 section. The fees established must not exceed the
approximate cost to the
70-42 board of carrying out the provisions of this
section.
70-43 Sec. 176. NRS
576.131 is hereby amended to read as follows:
70-44 576.131 1. An
owner of alternative livestock may request assistance
70-45 from the department, the [division of wildlife of the state] department of
70-46 [conservation and
natural resources] fish and game, and local law
70-47 enforcement agencies to recapture any alternative
livestock that has
70-48 escaped from confinement.
71-1 2. Any alternative livestock that is recaptured
may be impounded at a
71-2 suitable facility until sufficient repairs or
improvements are made to the
71-3 owner’s facility to ensure that the escape of the
alternative livestock does
71-4 not recur.
71-5 3. The owner of the alternative livestock is
liable for:
71-6 (a) The costs
incurred by the department, the [division of
wildlife of the
71-7 state] department of [conservation and natural resources] fish
and game
71-8 and any local law enforcement agency to recapture
the alternative
71-9 livestock;
71-10 (b) The costs
of impounding the alternative livestock; and
71-11 (c) Any
damages caused by the alternative livestock during the escape.
71-12 Sec. 177. NRS
232.138, 501.002 and 501.027 are hereby repealed.
71-13 Sec. 178. 1. There is hereby appropriated from the state
general fund
71-14 to the department of fish and game the sum of
$200,000 to be used only for
71-15 the purpose of managing predatory animals,
including, without limitation,
71-16 birds that are predatory.
71-17 2. Any remaining balance of the appropriation
made by subsection 1
71-18 must not be committed for expenditure after June 30,
2003, and reverts to
71-19 the state general fund as soon as all payments have
been made.
71-20 Sec. 179. 1. This section and sections 1 to 129,
inclusive, 131 to
71-21 178, inclusive, and 180 become effective on January
1, 2002.
71-22 2. Section 130 of this act becomes effective at
12:01 a.m. on
January 1, 2002.
71-23 Sec. 180. The
legislative counsel shall:
71-24 1. In preparing the reprint and supplements to
the Nevada Revised
71-25 Statutes, with respect to any section that is not
amended by this act or is
71-26 further amended by another act, appropriately change
any reference to:
71-27 (a) “Division
of wildlife” to “department of fish and game”; and
71-28 (b) Any other
agency or any officer whose name is changed or whose
71-29 responsibilities have been transferred pursuant to
the provisions of this act
71-30 to refer to the appropriate agency or officer.
71-31 2. In preparing supplements to the Nevada
Administrative Code,
71-32 appropriately change any reference to:
71-33 (a) “Division
of wildlife” to “department of fish and game”; and
71-34 (b) Any other
agency or any officer whose name is changed or whose
71-35 responsibilities have been transferred pursuant to
the provisions of this act
71-36 to refer to the appropriate agency or officer.
71-37 TEXT OF
REPEALED SECTIONS
71-38 232.138 Division of wildlife: Composition; appointment
of
71-39 administrator.
71-40 1. The division of wildlife consists of the
administrator and any other
71-41 necessary
personnel.
71-42 2. The administrator of the division is
appointed by and responsible to
71-43 the
director.
72-1 501.002 “Administrator” defined. As used in this Title,
72-2 “administrator” means the administrator of the
division.
72-3 501.027 “Division” defined. As used in this Title, “division” means
72-4 the division
of wildlife of the state department of conservation and natural
72-5 resources.
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