exempt

                                                  (Reprinted with amendments adopted on April 3, 2003)

 

Assembly Bill No. 41–Assemblyman Collins

 

Prefiled January 31, 2003

____________

 

Referred to Committee on Natural Resources,
Agriculture, and Mining

 

SUMMARY—Converts Division of Wildlife of State Department of Conservation and Natural Resources into Department of Wildlife. (BDR 45‑14)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

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

 

AN ACT relating to wildlife; converting the Division of Wildlife of the State Department of Conservation and Natural Resources into the Department of Wildlife; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

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

1-3  Sec.  2.  As used in this title, “Department” means the

1-4  Department of Wildlife.

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

1-6  the 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

1-10  of this title and of chapter 488 of NRS.

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

1-12      501.119  1.  The [Division] Department is authorized to

1-13  determine methods of obtaining necessary data from hunters,

1-14  trappers and fishermen relative to their activities and success.

1-15      2.  The methods may include return of reports attached to

1-16  licenses and tags or questionnaires addressed to license holders.

2-1  3.  Failure to return such a report or questionnaire within the

2-2  period specified by regulation of the Commission or the submission

2-3  of any false statement thereon is cause for the Commission to:

2-4  (a) Deny the person the right to acquire any license provided

2-5  under this title for a period of 1 year; or

2-6  (b) Levy an administrative fine of $50 against the person.

2-7  4.  Any statement made on such a report or questionnaire may

2-8  not be the basis for prosecution for any indicated violations of other

2-9  sections of this title.

2-10      Sec.  6.  NRS 501.181 is hereby amended to read as follows:

2-11      501.181  The Commission shall:

2-12      1.  Establish broad policies for:

2-13      (a) The protection, propagation, restoration, transplanting,

2-14  introduction and management of wildlife in this state.

2-15      (b) The promotion of the safety of persons using or property

2-16  used in the operation of vessels on the waters of this state.

2-17      (c) The promotion of uniformity of laws relating to policy

2-18  matters.

2-19      2.  Guide the [Division] Department in its administration and

2-20  enforcement of the provisions of this title and of chapter 488 of

2-21  NRS by the establishment of such policies.

2-22      3.  Establish policies for areas of interest including:

2-23      (a) The management of big and small game mammals, upland

2-24  and migratory game birds, fur-bearing mammals, game fish,

2-25  and protected and unprotected mammals, birds, fish, reptiles and

2-26  amphibians.

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

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

2-29  and other property for the management, propagation, protection and

2-30  restoration of wildlife.

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

2-32  property, including leases of grazing rights, sales of agricultural

2-33  products and requests by the [Administrator] Director to the State

2-34  Land Registrar for the sale of timber if the sale does not interfere

2-35  with the use of the property on which the timber is located for

2-36  wildlife management or for hunting or fishing thereon.

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

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

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

2-40  and boating programs.

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

2-42  person who is convicted of a violation of any provision of this title

2-43  or any regulation adopted pursuant thereto.

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

2-45  this title and of chapter 488 of NRS, including:

3-1  (a) Regular and special seasons for hunting game mammals and

3-2  game birds, for hunting or trapping fur-bearing mammals and for

3-3  fishing, the daily and possession limits, the manner and means of

3-4  taking wildlife, including, but not limited to, the sex, size or other

3-5  physical differentiation for each species, and, when necessary for

3-6  management purposes, the emergency closing or extending of a

3-7  season, reducing or increasing of the bag or possession limits on a

3-8  species, or the closing of any area to hunting, fishing or trapping.

3-9  The regulations must be established after first considering the

3-10  recommendations of the [Division,] Department, the county

3-11  advisory boards to manage wildlife and others who wish to present

3-12  their views at an open meeting. Any regulations relating to the

3-13  closure of a season must be based upon scientific data concerning

3-14  the management of wildlife. The data upon which the regulations

3-15  are based must be collected or developed by the [Division.]

3-16  Department.

3-17      (b) The manner of using, attaching, filling out, punching,

3-18  inspecting, validating or reporting tags.

3-19      (c) The delineation of game management units embracing

3-20  contiguous territory located in more than one county, irrespective of

3-21  county boundary lines.

3-22      (d) The number of licenses issued to nonresidents for big game

3-23  and, if necessary, other game species for the regular and special

3-24  seasons.

3-25      5.  Adopt regulations requiring the [Division] Department to

3-26  make public, before official delivery, its proposed responses to any

3-27  requests by federal agencies for its comment on drafts of statements

3-28  concerning the environmental effect of proposed actions or

3-29  regulations affecting public lands.

3-30      6.  Adopt regulations:

3-31      (a) Governing the provisions of the permit required by NRS

3-32  502.390 and for the issuance, renewal and revocation of such a

3-33  permit.

3-34      (b) Establishing the method for determining the amount of an

3-35  assessment and the time and manner of payment, necessary for the

3-36  collection of the assessment required by NRS 502.390.

3-37      7.  Designate those portions of wildlife management areas for

3-38  big game mammals that are of special concern for the regulation of

3-39  the importation, possession and propagation of alternative livestock

3-40  pursuant to NRS 576.129.

3-41      Sec.  7.  NRS 501.1812 is hereby amended to read as follows:

3-42      501.1812  As used in NRS 501.1812 to 501.1818, inclusive,

3-43  unless the context otherwise requires:

3-44      1.  “License” means a license or tag issued by the [Division]

3-45  Department for:

4-1  (a) Recreational hunting or fishing; or

4-2  (b) Taking fur-bearing mammals, trapping unprotected

4-3  mammals or selling raw furs for profit.

4-4  2.  “Permit” means a permit issued by the [Division]

4-5  Department for recreational hunting or fishing.

4-6  3.  “Wildlife conviction” means a conviction obtained in any

4-7  court of competent jurisdiction in this state, including, without

4-8  limitation, a conviction obtained upon a plea of nolo contendere or

4-9  upon a forfeiture of bail not vacated in any such court, for a

4-10  violation of:

4-11      (a) A provision of this title or any regulation adopted pursuant to

4-12  this title other than a provision of NRS 502.370, 502.390, 503.185,

4-13  503.310 or 504.295 to 504.390, inclusive; or

4-14      (b) A provision of the Lacey Act Amendment of 1981, Public

4-15  Law 97-79, if the violation of that provision is based on a violation

4-16  of a law or regulation of this state.

4-17      Sec.  8.  NRS 501.1814 is hereby amended to read as follows:

4-18      501.1814  1.  The Commission shall establish and the

4-19  [Division] Department shall administer and enforce a system of

4-20  assessing demerit points for wildlife convictions. The system must

4-21  be uniform in its operation.

4-22      2.  Pursuant to the schedule of demerit points established by

4-23  regulation of the Commission for each wildlife conviction occurring

4-24  within this state affecting any holder of a license, permit or privilege

4-25  issued pursuant to this title, the [Division] Department shall assess

4-26  demerit points for the 60-month period preceding a person’s most

4-27  recent wildlife conviction. Sixty months after the date of the

4-28  conviction, the demerit points for that conviction must be deleted

4-29  from the total demerit points accumulated by that person. The date

4-30  of the violation shall be deemed the date on which accumulated

4-31  demerit points must be assessed. If a conviction of two or more

4-32  wildlife violations committed at a single event is obtained, demerit

4-33  points must be assessed for the offense having the greater number of

4-34  demerit points.

4-35      Sec.  9.  NRS 501.1816 is hereby amended to read as follows:

4-36      501.1816  1.  If a person accumulates 6 or more demerit

4-37  points, but less than 12, the [Division] Department shall notify him

4-38  of that fact by certified mail. If, after the [Division] Department

4-39  mails the notice, the person presents proof to the [Division]

4-40  Department that he has, after his most recent wildlife conviction,

4-41  successfully completed a course of instruction in the responsibilities

4-42  of hunters approved by the [Division, the Division] Department, the

4-43  Department shall deduct 4 demerit points from his record. A person

4-44  may attend a course of instruction in the responsibilities of hunters

5-1  only once in 60 months for the purpose of reducing his demerit

5-2  points.

5-3  2.  If a person accumulates 12 or more demerit points before

5-4  completing a course of instruction pursuant to subsection 1, the

5-5  [Division] Department shall suspend or revoke any license, permit

5-6  or privilege issued to him pursuant to this title.

5-7  3.  Not later than 60 days after the [Division] Department

5-8  determines that a person has accumulated 12 demerit points, the

5-9  [Division] Department shall notify the person by certified mail that

5-10  his privileges will be suspended or revoked. Except as otherwise

5-11  provided in subsection 4, the [Division] Department shall suspend

5-12  or revoke those privileges 30 days after it mails the notice.

5-13      4.  Any person who receives the notice required by subsection 3

5-14  may submit to the [Division] Department a written request for a

5-15  hearing before the Commission not later than 30 days after the

5-16  receipt of the notice. If a written request for a hearing is received by

5-17  the [Division:] Department:

5-18      (a) The suspension or revocation of the license, permit or

5-19  privilege is stayed until a determination is made by the Commission

5-20  after the hearing.

5-21      (b) The hearing must be held within 60 days after the request is

5-22  received.

5-23      5.  The periods of suspension or revocation imposed pursuant to

5-24  this section must run concurrently. No license, permit or privilege

5-25  may be suspended or revoked pursuant to this section for more than

5-26  3 years.

5-27      6.  If the [Division] Department suspends or revokes a license,

5-28  permit or privilege pursuant to this section, the period of suspension

5-29  or revocation begins 30 days after notification pursuant to

5-30  subsection 3 or a determination is made by the Commission

5-31  pursuant to subsection 4. After a person’s license, permit or

5-32  privilege is suspended or revoked pursuant to this section, all

5-33  demerit points accumulated by that person must be canceled.

5-34      Sec.  10.  NRS 501.1817 is hereby amended to read as follows:

5-35      501.1817  Any person whose license, permit or privilege has

5-36  been suspended or revoked by the [Division] Department pursuant

5-37  to NRS 501.1816 is entitled to judicial review of the decision in the

5-38  manner provided by chapter 233B of NRS.

5-39      Sec.  11.  NRS 501.243 is hereby amended to read as follows:

5-40      501.243  1.  The [Division] Department shall execute,

5-41  administer and enforce , and perform the functions and duties

5-42  provided in chapter 488 of NRS.

5-43      2.  The Commission has the power and authority to:

5-44      (a) Promulgate rules and regulations governing the use of waters

5-45  for recreational purposes, which waters are open to the public and

6-1  are not under the direct control of any other state or federal agency

6-2  for recreational use.

6-3  (b) Enter into cooperative agreements with federal, state and

6-4  county agencies having regulatory powers pertaining to the use of

6-5  public waters for recreational purposes for the purpose of

6-6  coordinating such rules and regulations.

6-7  Sec.  12.  NRS 501.310 is hereby amended to read as follows:

6-8  501.310  There is hereby created in each of the counties of this

6-9  state a fund for the advisory board. The fund must be kept in the

6-10  county treasury, and all money received from the [Division]

6-11  Department must be placed in the fund.

6-12      Sec.  13.  NRS 501.320 is hereby amended to read as follows:

6-13      501.320  1.  Annually, not later than May 1, each board shall

6-14  prepare a budget for the period ending June 30 of the following

6-15  year, setting forth in detail its proposed expenditures for carrying

6-16  out its duties as specified in this title within its county, and submit

6-17  the budget to the Commission accompanied by a statement of the

6-18  previous year’s expenditures, certified by the county auditor.

6-19      2.  The Commission shall examine the budget in conjunction

6-20  with the [Administrator] Director or a person designated by him,

6-21  and may increase, decrease, alter or amend the budget.

6-22      3.  Upon approval of the budget, the [Division] Department

6-23  shall transmit a copy of the approved budget to the board, and at the

6-24  same time withdraw from the Wildlife Account within the State

6-25  General Fund and transmit to the board the money required under

6-26  the approved budget for disposition by the board in accordance with

6-27  the approved budget. All money so received must be placed in the

6-28  fund for the advisory board.

6-29      Sec.  14.  NRS 501.331 is hereby amended to read as follows:

6-30      501.331  There is hereby created the [Division of Wildlife of

6-31  the State] Department of [Conservation and Natural Resources,]

6-32  Wildlife which shall administer the wildlife laws of this state and

6-33  chapter 488 of NRS.

6-34      Sec.  15.  NRS 501.333 is hereby amended to read as follows:

6-35      501.333  1.  From among three or more nominees of the

6-36  Commission, the [Director of the State Department of Conservation

6-37  and Natural Resources] Governor shall appoint [an Administrator] a

6-38  Director of the [Division,] Department, who is its Chief

6-39  Administrative Officer. The [Administrator] Director serves at the

6-40  pleasure of the [director.] Governor.

6-41      2.  The [Director] Governor shall select as [Administrator]

6-42  Director a person having an academic degree in the management of

6-43  wildlife or a closely related field, substantial experience in the

6-44  management of wildlife and a demonstrated ability to administer [a

6-45  division of] a major public agency.

7-1  3.  The [Administrator] Director is in the unclassified service of

7-2  the State.

7-3  Sec.  16.  NRS 501.337 is hereby amended to read as follows:

7-4  501.337  The [Administrator] Director shall:

7-5  1.  Carry out the policies and regulations of the Commission.

7-6  2.  Direct and supervise all administrative and operational

7-7  activities of the [Division,] Department, and all programs

7-8  administered by the [Division] Department as provided by law.

7-9  Except as otherwise provided in NRS 284.143, the [Administrator]

7-10  Director shall devote his entire time to the duties of his office and

7-11  shall not follow any other gainful employment or occupation.

7-12      3.  Within such limitations as may be provided by law, organize

7-13  the [Division] Department and, from time to time with the consent

7-14  of the Commission, may alter the organization. The [Administrator]

7-15  Director shall reassign responsibilities and duties as he may deem

7-16  appropriate.

7-17      4.  Appoint or remove such technical, clerical and operational

7-18  staff as the execution of his duties and the operation of the

7-19  [Division] Department may require, and all those employees are

7-20  responsible to him for the proper carrying out of the duties and

7-21  responsibilities of their respective positions. The [Administrator]

7-22  Director shall designate a number of employees as game wardens

7-23  and provide for their training.

7-24      5.  Submit technical and other reports to the Commission as

7-25  may be necessary or as may be requested, which will enable the

7-26  Commission to establish policy and regulations.

7-27      6.  Prepare , in consultation with the Commission, the biennial

7-28  budget of the [Division] Department consistent with the provisions

7-29  of this title and chapter 488 of NRS and submit it to the

7-30  Commission for its review and [comment.] recommendation before

7-31  the budget is submitted to the Chief of the Budget Division of the

7-32  Department of Administration pursuant to NRS 353.210.

7-33      7.  Administer real property assigned to the [Division.]

7-34  Department.

7-35      8.  Maintain full control, by proper methods and inventories, of

7-36  all personal property of the State acquired and held for the purposes

7-37  contemplated by this title and by chapter 488 of NRS.

7-38      9.  Act as nonvoting Secretary to the Commission.

7-39      Sec.  17.  NRS 501.339 is hereby amended to read as follows:

7-40      501.339  The [Administrator] Director may:

7-41      1.  In cases of emergency, with the prior approval of the

7-42  Governor, exercise the powers of the Commission until such time as

7-43  the Commission meets or the emergency ends.

7-44      2.  Designate an employee or employees of the [Division]

7-45  Department to act as his deputy or deputies. In the [Administrator’s]

8-1  Director’s absence or inability to discharge the powers and duties of

8-2  his office, the powers and duties devolve upon his deputy or

8-3  deputies.

8-4  3.  Designate persons outside the [Division] Department as

8-5  game wardens if, in his opinion, the need for such designations

8-6  exists.

8-7  Sec.  18.  NRS 501.341 is hereby amended to read as follows:

8-8  501.341  The headquarters of the [Division] Department must

8-9  be maintained at such a location in the State, and other offices may

8-10  be established throughout the State in such number and location, as

8-11  will, in the opinion of the [Administrator] Director and the

8-12  Commission, provide an efficient [divisional] departmental

8-13  operation.

8-14      Sec.  19.  NRS 501.343 is hereby amended to read as follows:

8-15      501.343  The [Division] Department may:

8-16      1.  Collect and disseminate, throughout the State, information

8-17  calculated to educate and benefit the people of the State regarding

8-18  wildlife and boating, and information pertaining to any program

8-19  administered by the [Division.] Department.

8-20      2.  Publish wildlife journals and other official publications, for

8-21  which a specific charge may be made, such charge to be determined

8-22  by the Commission, with the proceeds to be deposited in the

8-23  Wildlife Account within the State General Fund. No charge may be

8-24  made for any publication required by a regulation of the

8-25  Commission.

8-26      Sec.  20.  NRS 501.349 is hereby amended to read as follows:

8-27      501.349  Regular employees and others designated by the

8-28  [Administrator] Director as game wardens shall enforce all

8-29  provisions of this title and of chapter 488 of NRS.

8-30      Sec.  21.  NRS 501.351 is hereby amended to read as follows:

8-31      501.351  1.  The [Administrator] Director may enter into

8-32  cooperative or reciprocal agreements with the Federal Government

8-33  or any agency thereof, any other state or any agency thereof, any

8-34  other agency of this state, any county or other political subdivision

8-35  of this state, to the extent permitted by the provisions of chapter 277

8-36  of NRS, any public or private corporation, or any person, in

8-37  accordance with and for the purpose of carrying out the policy of the

8-38  Commission.

8-39      2.  Such agreements do not relieve any party thereto of any

8-40  liability, independent of such agreements, existing under any

8-41  provision of law.

8-42      Sec.  22.  NRS 501.352 is hereby amended to read as follows:

8-43      501.352  The [Administrator] Director shall require the

8-44  personnel of the [Division] Department to report to him as soon as

8-45  practicable any reasonable suspicion that a communicable disease

9-1  may be present in wildlife in Nevada. The [Administrator] Director

9-2  shall, as soon as possible, inform the Director of the State

9-3  Department of Agriculture of any reasonable suspicion reported to

9-4  him. Any sample collected by the personnel of the [Division]

9-5  Department in evaluating such a suspicion must be forwarded to the

9-6  Director of the State Department of Agriculture as soon as

9-7  practicable.

9-8  Sec.  23.  NRS 501.354 is hereby amended to read as follows:

9-9  501.354  Except as otherwise provided by specific statute, the

9-10  [Division] Department shall receive, deposit and expend all money

9-11  provided by law for the administration of this title and of chapter

9-12  488 of NRS, pursuant to the authority contained in NRS 501.356

9-13  and in accordance with the Commission’s policy.

9-14      Sec.  24.  NRS 501.356 is hereby amended to read as follows:

9-15      501.356  1.  Money received by the [Division] Department

9-16  from:

9-17      (a) The sale of licenses;

9-18      (b) Fees pursuant to the provisions of NRS 488.075 and

9-19  488.1795;

9-20      (c) Remittances from the State Treasurer pursuant to the

9-21  provisions of NRS 365.535;

9-22      (d) Appropriations made by the Legislature; and

9-23      (e) All other sources, except money derived from the forfeiture

9-24  of any property described in NRS 501.3857 or money deposited in

9-25  the Wildlife Heritage Trust Account pursuant to NRS 501.3575 or in

9-26  the Trout Management Account pursuant to NRS 502.327,

9-27  must be deposited with the State Treasurer for credit to the Wildlife

9-28  Account in the State General Fund.

9-29      2.  The interest and income earned on the money in the Wildlife

9-30  Account, after deducting any applicable charges, must be credited to

9-31  the Account.

9-32      3.  Except as otherwise provided in subsection 4, the [Division]

9-33  Department may use money in the Wildlife Account only to carry

9-34  out the provisions of this title and chapter 488 of NRS and as

9-35  provided in NRS 365.535, and the money must not be diverted to

9-36  any other use.

9-37      4.  Except as otherwise provided in NRS 502.250, 502.310 and

9-38  504.155, all fees for the sale or issuance of stamps, tags, permits and

9-39  licenses that are required to be deposited in the Wildlife Account

9-40  pursuant to the provisions of this title must be accounted for

9-41  separately and may be used only for the management of wildlife.

9-42      Sec.  25.  NRS 501.3575 is hereby amended to read as follows:

9-43      501.3575  1.  The Wildlife Heritage Trust Account is hereby

9-44  created in the State General Fund. The money in the Account must

9-45  be used by the [Division] Department as provided in this section for

10-1  the protection, propagation, restoration, transplantation, introduction

10-2  and management of any game fish, game mammal, game bird or fur-

10-3  bearing mammal in this state.

10-4      2.  Except as otherwise provided in NRS 502.250, money

10-5  received by the [Division] Department from:

10-6      (a) A bid, auction or partnership in wildlife drawing conducted

10-7  pursuant to NRS 502.250; and

10-8      (b) A gift of money made by any person to the Wildlife Heritage

10-9  Trust Account,

10-10  must be deposited with the State Treasurer for credit to the Account.

10-11     3.  The interest and income earned on the money in the Wildlife

10-12  Heritage Trust Account, after deducting any applicable charges,

10-13  must be credited to the Account.

10-14     4.  The [Division] Department may annually expend from the

10-15  Wildlife Heritage Trust Account an amount of money not greater

10-16  than the interest earned on the money in the Account during the

10-17  previous year. The Commission shall review and approve

10-18  expenditures from the Account. No money may be expended from

10-19  the Account without the prior approval of the Commission.

10-20     5.  The Commission shall administer the provisions of this

10-21  section and may adopt any regulations necessary for that purpose.

10-22     Sec.  26.  NRS 501.359 is hereby amended to read as follows:

10-23     501.359  1.  The Wildlife Imprest Account in the amount of

10-24  $15,000 is hereby created for the use of the [Division,] Department,

10-25  subject to the following conditions:

10-26     (a) The money must be deposited in a bank or credit union

10-27  qualified to receive deposits of public money, except that $500 must

10-28  be kept in the custody of an employee designated by the

10-29  [Administrator] Director for immediate use for purposes set forth in

10-30  this section.

10-31     (b) The Account must be replenished periodically from the

10-32  Wildlife Account in the State General Fund upon approval of

10-33  expenditures as required by law and submission of vouchers or other

10-34  documents to indicate payment as may be prescribed.

10-35     2.  The Wildlife Imprest Account may be used to pay for

10-36  postage, C.O.D. packages, travel or other minor expenses which are

10-37  proper as claims for payment from the Wildlife Account in the State

10-38  General Fund.

10-39     3.  The Wildlife Imprest Account may be used to provide

10-40  money to employees of the [Division] Department for travel

10-41  expenses and subsistence allowances arising out of their official

10-42  duties or employment. All advances constitute a lien in favor of the

10-43  [Division] Department upon the accrued wages of the requesting

10-44  employee in an amount equal to the money advanced, but the

10-45  [Administrator] Director may advance more than the amount of the

11-1  accrued wages of the employee. Upon the return of the employee, he

11-2  is entitled to receive money for any authorized expenses and

11-3  subsistence in excess of the amount advanced.

11-4      Sec.  27.  NRS 501.361 is hereby amended to read as follows:

11-5      501.361  A Petty Cash Account in the amount of $1,000 for the

11-6  payment of minor expenses of the [Division] Department is hereby

11-7  created. The Account must be kept in the custody of an employee

11-8  designated by the [Administrator] Director and must be replenished

11-9  periodically from the Wildlife Account in the State General Fund

11-10  upon approval of expenditures as required by law and submission of

11-11  vouchers or other documents to indicate payment as may be

11-12  prescribed.

11-13     Sec.  28.  NRS 501.363 is hereby amended to read as follows:

11-14     501.363  A Change Account in the amount of $3,000 is hereby

11-15  created. The Account must be kept in the custody of one or more

11-16  employees designated by the [Administrator] Director and used for

11-17  the making of change incidental to the business of the [Division.]

11-18  Department.

11-19     Sec.  29.  NRS 501.383 is hereby amended to read as follows:

11-20     501.383  It is unlawful for any person maliciously to tear down,

11-21  mutilate or destroy any sign, signboard or other notice which has

11-22  been erected by the [Division] Department or through an agency of

11-23  the [Division.] Department.

11-24     Sec.  30.  NRS 501.385 is hereby amended to read as follows:

11-25     501.385  Except as otherwise provided by specific statute:

11-26     1.  Any person who:

11-27     (a) Performs an act or attempts to perform an act made unlawful

11-28  or prohibited by a provision of this title;

11-29     (b) Willfully fails to perform an act required of him by a

11-30  provision of this title;

11-31     (c) Obstructs, hinders, delays or otherwise interferes with any

11-32  officer, employee or agent of the [Division] Department in the

11-33  performance of any duty while enforcing or attempting to enforce

11-34  any provision of this title;

11-35     (d) Violates any order issued or regulation adopted by the

11-36  Commission under the provisions of this title; or

11-37     (e) Having been granted a privilege or been licensed or

11-38  permitted to do any act under the provisions of this title,

11-39  exercises the grant, license or permit in a manner other than as

11-40  specified,

11-41  is guilty of a misdemeanor.

11-42     2.  Every person who is guilty of a misdemeanor under this title

11-43  shall be punished by a fine of not less than $50 nor more than $500,

11-44  or by imprisonment in the county jail for not more than 6 months, or

11-45  by both fine and imprisonment.

12-1      Sec.  31.  NRS 501.3855 is hereby amended to read as follows:

12-2      501.3855  1.  In addition to the penalties provided for the

12-3  violation of any of the provisions of this title, every person who

12-4  unlawfully kills or possesses a big game mammal, bobcat, swan or

12-5  eagle is liable for a civil penalty of not less than $250 nor more than

12-6  $5,000.

12-7      2.  For the unlawful killing or possession of fish or wildlife not

12-8  included in subsection 1, the court may order the defendant to pay a

12-9  civil penalty of not less than $25 nor more than $1,000.

12-10     3.  For hunting, fishing or trapping without a valid license, tag

12-11  or permit, the court may order the defendant to pay a civil penalty of

12-12  not less than $50 nor more than $250.

12-13     4.  Every court, before whom a defendant is convicted of

12-14  unlawfully killing or possessing any wildlife, shall order the

12-15  defendant to pay the civil penalty in the amount stated in this section

12-16  for each mammal, bird or fish unlawfully killed or possessed. The

12-17  court shall fix the manner and time of payment.

12-18     5.  The [Division] Department may attempt to collect all

12-19  penalties and installments that are in default in any manner provided

12-20  by law for the enforcement of a judgment.

12-21     6.  Each court that receives money pursuant to the provisions of

12-22  this section shall forthwith remit the money to the [Division]

12-23  Department which shall deposit the money with the State Treasurer

12-24  for credit to the Wildlife Account in the State General Fund.

12-25     Sec.  32.  NRS 501.389 is hereby amended to read as follows:

12-26     501.389  1.  Except for property described in NRS 501.3857,

12-27  equipment:

12-28     (a) Seized as evidence in accordance with NRS 501.375; and

12-29     (b) Not recovered by the owner within 1 year from the date of

12-30  seizure,

12-31  becomes the property of the [Division.] Department.

12-32     2.  The [Division] Department shall either sell such equipment

12-33  in accordance with the regulations adopted pursuant to subsection 5

12-34  of NRS 333.220 or retain such equipment for authorized use by the

12-35  [Division.] Department. All money received from such sales must

12-36  be deposited with the State Treasurer for credit to the Wildlife

12-37  Account in the State General Fund.

12-38     3.  Any person of lawful age and lawfully entitled to reside in

12-39  the United States may purchase the equipment, whether a prior

12-40  owner or not.

12-41     Sec.  33.  NRS 501.395 is hereby amended to read as follows:

12-42     501.395  1.  The [Division] Department may offer a reward

12-43  for one or more classes of wildlife, not to exceed $1,000, for

12-44  information leading to the arrest and conviction of any person who

12-45  unlawfully kills or possesses wildlife of the class specified. The

13-1  reward must be paid for each person so arrested and convicted upon

13-2  his conviction. The reward must be distributed equally among the

13-3  persons who supplied the information which led to the arrest and

13-4  conviction.

13-5      2.  The Commission may adopt such regulations as are

13-6  necessary to carry out the provisions of this section.

13-7      Sec.  34.  NRS 502.012 is hereby amended to read as follows:

13-8      502.012  Upon receipt of a copy of an order of the juvenile

13-9  division of a district court, entered pursuant to NRS 62.229, to

13-10  revoke the license to hunt of a child, the [Division] Department

13-11  shall revoke the license. The revocation of the license to hunt shall

13-12  be deemed effective as of the date of the order. The [Division]

13-13  Department shall retain the copy of the order.

13-14     Sec.  35.  NRS 502.015 is hereby amended to read as follows:

13-15     502.015  1.  For the purpose of issuing and using resident

13-16  licenses, tags or permits pursuant to this chapter, a person is

13-17  considered to be a resident of the State of Nevada if:

13-18     (a) He is a citizen of, or is lawfully entitled to remain in, the

13-19  United States; and

13-20     (b) During the 6 months next preceding his application to the

13-21  [Division] Department for a license, tag or permit, he:

13-22         (1) Was domiciled in this state;

13-23         (2) Was physically present in this state, except for temporary

13-24  absences; and

13-25         (3) Did not purchase or apply for any resident license, tag or

13-26  permit to hunt, fish or trap in another state, country or province.

13-27     2.  A person who is not domiciled in Nevada but who is

13-28  attending an institution of higher learning in this state as a full-time

13-29  student is eligible for a resident license, tag or permit if, during the 6

13-30  months next preceding his application to the [Division] Department

13-31  for a license, tag or permit, he:

13-32     (a) Was physically present in Nevada, except for temporary trips

13-33  outside of the State; and

13-34     (b) Did not purchase or apply for any resident license, tag or

13-35  permit to hunt, fish or trap in another state, country or province.

13-36     3.  A resident license, tag or permit issued by this state is void if

13-37  the person to whom it was issued establishes his domicile in and

13-38  obtains any privilege or entitlement conditional on residency from

13-39  another state, country or province.

13-40     Sec.  36.  NRS 502.020 is hereby amended to read as follows:

13-41     502.020  The [Division] Department shall prepare the licenses

13-42  for hunting, fishing and trapping, and shall deliver such licenses to

13-43  agents for sale to the public.

 

 

14-1      Sec.  37.  NRS 502.030 is hereby amended to read as follows:

14-2      502.030  1.  Licenses granting the privilege to hunt, fish or

14-3  trap as provided in this title must be of such a form as is deemed

14-4  necessary by the [Division,] Department, but must include the

14-5  following information:

14-6      (a) The holder’s name, address and description.

14-7      (b) The date issued.

14-8      (c) The period of validity.

14-9      (d) The correct designation as to whether a fishing, hunting or

14-10  trapping license.

14-11     (e) A statement to be signed by the holder: “I, the signator

14-12  holder in signing this license, hereby state that I am entitled to this

14-13  license under the laws of the State of Nevada and that no false

14-14  statement has been made by me to obtain this license.”

14-15     2.  The Commission may provide rules and regulations

14-16  requiring an applicant to exhibit proof of his identity and residence.

14-17  Such information must be included on the license as is deemed

14-18  necessary by the [Division.] Department.

14-19     3.  The Commission may provide rules and regulations

14-20  establishing a permanent licensing system. Such a system may

14-21  authorize the use of applications for the issuance of temporary

14-22  hunting, fishing and trapping licenses for residents and the issuance

14-23  of annual licenses therefrom. The system may provide for the

14-24  automatic renewal and validation of the annual license.

14-25     4.  The Commission may provide regulations covering the

14-26  method of applying for, the term and expiration date of any license

14-27  required by this title to be issued without the payment of a fee.

14-28     Sec.  38.  NRS 502.035 is hereby amended to read as follows:

14-29     502.035  Licenses, stamps and permits granting the privilege to

14-30  hunt, fish or trap during the open season as provided in this title

14-31  must be issued by the [Division,] Department, upon payment of the

14-32  fees required under this title.

14-33     Sec.  39.  NRS 502.040 is hereby amended to read as follows:

14-34     502.040  1.  The Commission shall adopt regulations

14-35  regarding:

14-36     (a) The standards to be met by license agents in the performance

14-37  of their duties;

14-38     (b) The requirements for the furnishing of surety bonds by

14-39  license agents;

14-40     (c) The manner of remitting money to the [Division;]

14-41  Department; and

14-42     (d) The manner of accounting for licenses, tags, stamps and

14-43  permits received, issued, sold or returned.

14-44  A license agent’s authority may be revoked by the [Division]

14-45  Department for his failure to abide by the regulations of the

15-1  Commission. The agent may appeal to the Commission for

15-2  reinstatement.

15-3      2.  A license agent designated by the [Division] Department is

15-4  responsible for the correct issuance of all licenses, tags, stamps and

15-5  permits entrusted to him, and, so far as he is able, for ensuring that

15-6  no licenses are issued upon the false statement of an applicant.

15-7  Before issuing any license, the license agent shall satisfy himself of

15-8  the identity of the applicant and the place of his residence, and may

15-9  require any applicant to present proof of his identity and residence.

15-10     3.  A license agent is responsible to the [Division] Department

15-11  for the collection of the correct and required fee, for the

15-12  safeguarding of the money collected by him, and for the prompt

15-13  remission to the [Division] Department for deposit in accordance

15-14  with NRS 501.356 of all money collected. The [Division]

15-15  Department shall furnish to the license agent receipts for all money

15-16  which he remits to it. A license agent shall furnish a receipt to the

15-17  [Division] Department of all licenses, tags, stamps or permits which

15-18  he receives from it.

15-19     4.  For each license, tag, stamp or permit he sells, a license

15-20  agent is entitled to receive a service fee of:

15-21     (a) One dollar for each license, tag or permit, in addition to the

15-22  fee for the license, tag or permit; and

15-23     (b) Ten cents for each stamp.

15-24     5.  Any person authorized to enforce this chapter may inspect,

15-25  during the license agent’s normal business hours, any record or

15-26  document of the agent relating to the issuance of any such license,

15-27  tag or permit.

15-28     6.  All money collected by a license agent, except service fees

15-29  collected pursuant to subsection 4, is public money of the State of

15-30  Nevada, and the State has a prior claim for the amount of money

15-31  due it upon all assets of the agent over all creditors, assignees or

15-32  other claimants. The use of this money for private or business

15-33  transactions is a misuse of public funds and punishable under the

15-34  laws provided.

15-35     Sec.  40.  NRS 502.063 is hereby amended to read as follows:

15-36     502.063  The [Division] Department shall, upon request of the

15-37  Welfare Division of the Department of Human Resources, submit to

15-38  the Welfare Division the name, address and social security number

15-39  of each person who holds a license or permit to hunt, fish or trap

15-40  that does not expire less than 6 months after it is issued, or a license

15-41  to practice commercial taxidermy, and any pertinent changes in that

15-42  information.

15-43     Sec.  41.  NRS 502.070 is hereby amended to read as follows:

15-44     502.070  1.  The [Division] Department shall issue to any

15-45  member of the Armed Forces of the United States who has been

16-1  assigned to permanent duty, as opposed to temporary or casual duty,

16-2  within the State of Nevada all necessary hunting or fishing licenses,

16-3  tags or permits for fishing, hunting or trapping in the State of

16-4  Nevada. A like privilege must be extended to spouses and

16-5  dependents, under the age of 21, of such members of the Armed

16-6  Forces. All such licenses, tags or permits must be issued on the

16-7  same terms and conditions and at the same costs as licenses, tags or

16-8  permits are issued to Nevada residents, except that the 6 months’

16-9  residence requirement must be waived.

16-10     2.  The issuance of all such licenses, tags and permits must be

16-11  made by application upon a form provided for that purpose by the

16-12  [Division.] Department. The application must include such proof of

16-13  assignment to permanent duty within the State of Nevada as may be

16-14  deemed necessary by the [Division] Department to determine

16-15  whether or not an applicant is actually so assigned.

16-16     Sec.  42.  NRS 502.072 is hereby amended to read as follows:

16-17     502.072  The [Division] Department shall issue without charge

16-18  any license authorized under the provisions of this chapter, upon

16-19  satisfactory proof of the requisite facts to any bona fide resident of

16-20  the State of Nevada who has incurred a service-connected disability

16-21  which is considered to be 50 percent or more by the Department of

16-22  Veterans Affairs and has received upon severance from service an

16-23  honorable discharge or certificate of satisfactory service from the

16-24  Armed Forces of the United States.

16-25     Sec.  43.  NRS 502.075 is hereby amended to read as follows:

16-26     502.075  The [Division] Department shall issue to a blind

16-27  person, as defined in subsection 4 of NRS 361.085, a hunting

16-28  license which:

16-29     1.  Authorizes a person selected by the blind person to hunt on

16-30  his behalf if:

16-31     (a) The person selected is a resident of the State of Nevada and

16-32  possesses a valid Nevada hunting license; and

16-33     (b) The blind person is in the company of or in the immediate

16-34  area of the person selected.

16-35     2.  Is issued pursuant and subject to regulations prescribed by

16-36  the Commission.

16-37     3.  Contains the word “Blind” printed on the face of the license.

16-38     Sec.  44.  NRS 502.077 is hereby amended to read as follows:

16-39     502.077  1.  The [Division] Department shall issue special

16-40  fishing permits to the administrative head of:

16-41     (a) Northern Nevada Adult Mental Health Services;

16-42     (b) Southern Nevada Adult Mental Health Services;

16-43     (c) The Northern Nevada Children’s Home;

16-44     (d) The Southern Nevada Children’s Home;

16-45     (e) The Nevada Youth Training Center;

17-1      (f) The Caliente Youth Center;

17-2      (g) The Spring Mountain Youth Camp;

17-3      (h) The China Spring Youth Camp;

17-4      (i) Any facility which provides temporary foster care for

17-5  children who are not delinquent; and

17-6      (j) Such other public or charitable institutions or organizations

17-7  as are designated by regulations adopted by the

17-8  Commission,

17-9  for use only by the members, patients or children of such institutions

17-10  or organizations.

17-11     2.  The permits:

17-12     (a) Must be in the possession of the officer or employee who is

17-13  supervising a member, patient or child while he is fishing.

17-14     (b) Authorize a member, patient or child to fish in a legal

17-15  manner if in the company of an officer or employee of one of the

17-16  institutions listed in this section, or of an organization provided for

17-17  by regulation, if the officer or employee has a valid Nevada fishing

17-18  license.

17-19     (c) Must be issued pursuant and subject to regulations

17-20  prescribed by the Commission.

17-21     (d) Must contain the words “Nevada Special Fishing Permit”

17-22  and the number of the permit printed on the face of the permit.

17-23     (e) May authorize no more than 15 members, patients or

17-24  children, respectively, to fish.

17-25     3.  Each institution or organization shall pay to the [Division]

17-26  Department an annual fee of $15 for each permit issued to the

17-27  institution or organization pursuant to this section. The [Division]

17-28  Department shall not issue more than two permits per year to each

17-29  institution or organization.

17-30     4.  It is unlawful for any person other than a member, patient or

17-31  child in one of these organizations or institutions to fish with a

17-32  permit issued by the [Division] Department pursuant to this section.

17-33     Sec.  45.  NRS 502.115 is hereby amended to read as follows:

17-34     502.115  1.  If the [Division] Department receives a copy of a

17-35  court order issued pursuant to NRS 425.540 that provides for the

17-36  suspension of all professional, occupational and recreational

17-37  licenses, certificates and permits issued to a person who is the

17-38  holder of a license or permit to hunt, fish or trap that does not expire

17-39  less than 6 months after it is issued, or a license to practice

17-40  commercial taxidermy, the [Division] Department shall deem the

17-41  license or permit issued to that person to be suspended at the end of

17-42  the 30th day after the date on which the court order was issued

17-43  unless the [Division] Department receives a letter issued to the

17-44  holder of the license or permit by the district attorney or other public

17-45  agency pursuant to NRS 425.550 stating that the holder of the

18-1  license or permit has complied with the subpoena or warrant or has

18-2  satisfied the arrearage pursuant to NRS 425.560.

18-3      2.  The [Division] Department shall reinstate a license or

18-4  permit to hunt, fish or trap or a license to practice commercial

18-5  taxidermy that has been suspended by a district court pursuant to

18-6  NRS 425.540 if the [Division] Department receives a letter issued

18-7  by the district attorney or other public agency pursuant to NRS

18-8  425.550 to the person whose license or permit was suspended

18-9  stating that the person whose permit or license was suspended has

18-10  complied with the subpoena or warrant or has satisfied the arrearage

18-11  pursuant to NRS 425.560.

18-12     Sec.  46.  NRS 502.142 is hereby amended to read as follows:

18-13     502.142  1.  The Commission shall adopt regulations to

18-14  establish a program pursuant to which the [Division] Department

18-15  will issue special incentive elk tags. The regulations must:

18-16     (a) Set forth the application and annual review processes for the

18-17  issuance of special incentive elk tags.

18-18     (b) Require that an application for a special incentive elk tag

18-19  must be accompanied by:

18-20         (1) The fee charged for an elk tag pursuant to NRS 502.250;

18-21  and

18-22         (2) Any administrative fee charged in connection with the

18-23  issuance of an elk tag pursuant to this chapter.

18-24     (c) Provide for the issuance of a special incentive elk tag only to

18-25  a person who:

18-26         (1) Lawfully owns, leases or manages private land within an

18-27  actual elk use area; and

18-28         (2) If that private land blocks reasonable access to adjacent

18-29  public land, provides reasonable access through the private land to

18-30  allow a person or hunting party possessing a valid elk tag to hunt elk

18-31  on the adjacent public land.

18-32     (d) Establish criteria for the issuance of special incentive elk

18-33  tags based upon:

18-34         (1) The number of elk using private land controlled by the

18-35  applicant;

18-36         (2) The number of days the elk use private lands of the

18-37  applicant in a calendar year;

18-38         (3) The total number of elk; and

18-39         (4) Limiting the number of special incentive elk tags issued

18-40  in each calendar year to not more than one-half of the bull elk tags

18-41  issued in that calendar year,

18-42  within the actual elk use area in the unit or units of the management

18-43  area or areas in which the private land is located.

18-44     (e) Provide that special incentive elk tags are valid for both

18-45  sexes of elk.

19-1      (f) Prohibit a person who has, within a particular calendar year,

19-2  applied for or received compensation pursuant to NRS 504.165 as

19-3  reimbursement for damage caused by elk to private land from

19-4  applying, within the same calendar year, for a special incentive elk

19-5  tag for the same private land.

19-6      (g) Allow a group of owners, lessees and managers of private

19-7  land to qualify for a special incentive elk tag for their combined

19-8  lands.

19-9      (h) Ensure that the issuance of special incentive elk tags will not

19-10  result in the number of bull elk tags issued in any year being

19-11  reduced to a number below the quota for bull elk tags established by

19-12  the Commission for 1997.

19-13     (i) Provide that a person to whom a special incentive elk tag is

19-14  issued by the Commission pursuant to this section may:

19-15         (1) If he holds a valid hunting license issued by this state, use

19-16  the special incentive elk tag himself; or

19-17         (2) Sell the special incentive elk tag to another person who

19-18  holds a valid hunting license issued by this state at any price upon

19-19  which the parties mutually agree.

19-20     (j) Require that a person who is issued a special incentive elk tag

19-21  must hunt:

19-22         (1) During the open season for elk.

19-23         (2) In the unit or units within the management area or areas

19-24  in which the private land is located.

19-25     (k) Provide for the appointment of an arbitration panel to resolve

19-26  disputes between persons who apply for special incentive elk tags

19-27  and the [Division] Department regarding the issuance of such tags.

19-28     2.  As used in this section, “actual elk use area” means an area

19-29  in which elk live, as identified and designated by the [Division.]

19-30  Department.

19-31     Sec.  47.  NRS 502.143 is hereby amended to read as follows:

19-32     502.143  1.  The Commission may adopt regulations

19-33  establishing a program pursuant to which the [Division] Department

19-34  may issue special incentive deer tags to owners, lessees and

19-35  managers of private land in this state for use on the private land of

19-36  such owners, lessees or managers.

19-37     2.  The regulations must:

19-38     (a) Require that the owner, lessee or manager who is lawfully in

19-39  control of private land must, before he is issued a special incentive

19-40  deer tag:

19-41         (1) Allow the hunting and viewing of wildlife on his land by

19-42  the general public; or

19-43         (2) Enter into a cooperative agreement with the [Division]

19-44  Department to improve deer or other wildlife habitat on his land.

20-1      (b) Allow the owner, lessee or manager to sell any special

20-2  incentive deer tag that he is issued pursuant to the program.

20-3      Sec.  48.  NRS 502.145 is hereby amended to read as follows:

20-4      502.145  1.  An owner, lessee or manager of private land in

20-5  this state may apply to the [Division] Department for the issuance

20-6  to him of one or more deer or antelope tags as provided in this

20-7  section. The tags must be issued as compensation for damage caused

20-8  by deer or antelope to the private land or to any improvements

20-9  thereon.

20-10     2.  An application made pursuant to this section must:

20-11     (a) Be made in the form prescribed by the [Division;]

20-12  Department;

20-13     (b) Establish to the satisfaction of the [Division] Department

20-14  that the applicant has sustained damage of the kind described in

20-15  subsection 1; and

20-16     (c) Be accompanied by the fee charged for the tags pursuant to

20-17  NRS 502.250 and any fee charged for administrative costs.

20-18     3.  The [Division] Department shall review the application,

20-19  may conduct any investigation it deems appropriate and, if it

20-20  approves the application, shall issue to the applicant not more than

20-21  one tag for each 50 animals present on the private land owned,

20-22  leased or managed by the applicant. Both deer and antelope tags

20-23  may be issued to an applicant.

20-24     4.  A tag issued as compensation for damage pursuant to this

20-25  section:

20-26     (a) May be used by the owner, lessee or manager of the private

20-27  land if he holds a valid Nevada hunting license, or may be sold by

20-28  that person to any holder of a valid Nevada hunting license at any

20-29  price mutually agreed upon;

20-30     (b) Except as otherwise provided in subparagraph (2) of

20-31  paragraph (c) , [of this subsection,] must be used on the private land

20-32  or in the unit or units within the management area or areas in which

20-33  the private land is located; and

20-34     (c) May only be used during:

20-35         (1) The open season for the species for which the tag is

20-36  issued; or

20-37         (2) A special season prescribed by regulation of the

20-38  Commission for the use of such tags only on the private land.

20-39     5.  As a condition of receiving a tag from the [Division]

20-40  Department pursuant to this section, an owner, lessee or manager

20-41  who is lawfully in control of private land that blocks access to

20-42  adjacent public land must provide access to the public land during

20-43  the hunting season to a person or hunting party with a tag for the

20-44  purpose of hunting on the public land.

21-1      6.  Insofar as they are consistent with this section, the

21-2  provisions of this title and of the regulations adopted by the

21-3  Commission apply to the issuance and use of tags pursuant to this

21-4  section. The Commission:

21-5      (a) Shall by regulation establish the maximum number of tags

21-6  which may be issued annually by the [Division] Department

21-7  pursuant to this section, which must not exceed 1.5 percent of the

21-8  total number of deer and antelope tags which are authorized for

21-9  issuance annually throughout the State; and

21-10     (b) May adopt any other regulations it deems necessary to carry

21-11  out the provisions of this section.

21-12     7.  The [Administrator] Director shall, not later than the fifth

21-13  calendar day of each regular session of the Legislature, submit to the

21-14  Director of the Legislative Counsel Bureau for distribution to the

21-15  Legislature a report summarizing the activities of the [Division]

21-16  Department taken pursuant to the provisions of this section during

21-17  the preceding biennium, including any problems associated with the

21-18  issuance and use of tags authorized by this section and any

21-19  recommendations for correcting those problems.

21-20     Sec.  49.  NRS 502.147 is hereby amended to read as follows:

21-21     502.147  1.  The [Division] Department shall make available

21-22  restricted nonresident deer tags in an amount not to exceed the

21-23  amount set forth in this section. If the number of persons who apply

21-24  for restricted nonresident deer tags is greater than the number of tags

21-25  to be issued, the [Division] Department shall conduct a drawing to

21-26  determine the persons to whom to issue the tags.

21-27     2.  The number of restricted nonresident deer tags must:

21-28     (a) Be subtracted from the quota of rifle deer tags for

21-29  nonresidents; and

21-30     (b) Not exceed 16 percent of the deer tags issued to nonresidents

21-31  during the previous year or 400 tags, whichever is greater.

21-32     3.  The number of restricted nonresident deer tags issued for

21-33  any management area or unit must not exceed 37.5 percent, rounded

21-34  to the nearest whole number, of the rifle deer tags issued to

21-35  nonresidents during the previous year for that management area or

21-36  unit.

21-37     4.  The [Division] Department shall mail the tags to the

21-38  successful applicants.

21-39     Sec.  50.  NRS 502.148 is hereby amended to read as follows:

21-40     502.148  1.  Except as otherwise provided in this subsection,

21-41  any person who wishes to apply for a restricted nonresident deer tag

21-42  pursuant to NRS 502.147 must complete an application on a form

21-43  prescribed and furnished by the [Division.] Department. A licensed

21-44  master guide may complete the application for an applicant. The

21-45  application must be signed by the applicant and the master guide

22-1  who will be responsible for conducting the restricted nonresident

22-2  deer hunt.

22-3      2.  The application must be accompanied by a fee for the tag of

22-4  $300, plus any other fees which the [Division] Department may

22-5  require. The Commission shall establish the time limits and

22-6  acceptable methods for submitting such applications to the

22-7  [Division.] Department.

22-8      3.  Any application for a restricted nonresident deer tag which

22-9  contains an error or omission must be rejected and the fee for the tag

22-10  returned to the applicant.

22-11     4.  A person who is issued a restricted nonresident deer tag is

22-12  not eligible to apply for any other deer tag issued in this state for the

22-13  same hunting season as that restricted nonresident deer hunt.

22-14     5.  All fees collected pursuant to this section must be deposited

22-15  with the State Treasurer for credit to the Wildlife Account in the

22-16  State General Fund.

22-17     Sec.  51.  NRS 502.160 is hereby amended to read as follows:

22-18     502.160  1.  The [Division] Department shall designate the

22-19  form of the tag, requiring such numbering or other manner of

22-20  identification as is necessary to designate the name or hunting

22-21  license number of the person to whom it is issued. Each tag must

22-22  show the game for which it may be used, the year[,] and, whenever

22-23  necessary, the management area in which it may be used.

22-24     2.  The Commission may adopt any regulations necessary

22-25  relative to the manner of qualifying and applying for, using,

22-26  completing, attaching, filling out, punching, inspecting, validating

22-27  or reporting such tags. It is unlawful for any person to fail to abide

22-28  by any such regulation.

22-29     Sec.  52.  NRS 502.175 is hereby amended to read as follows:

22-30     502.175  1.  The [Division] Department shall contract with a

22-31  private entity to conduct a drawing and to award and issue the tags

22-32  for a special season. The drawing must be conducted using a

22-33  computer program that awards tags based on a random order of

22-34  selection. The contract must provide for the acquisition by the

22-35  [Division] Department of the ownership of the computer program at

22-36  the end of the term of the contract. The [Division] Department shall

22-37  solicit bids for the contract pursuant to the provisions of chapter 333

22-38  of NRS.

22-39     2.  The [Division] Department shall:

22-40     (a) Provide to the private entity to whom a contract is awarded

22-41  pursuant to the provisions of subsection 1 any applications for tags,

22-42  documents or other information required by the private entity to

22-43  conduct the drawing; and

22-44     (b) Otherwise cooperate with the private entity in conducting the

22-45  drawing.

23-1      3.  As soon as practicable after the drawing is completed, the

23-2  private entity shall submit the results of the drawing to the

23-3  [Division.] Department.

23-4      4.  If no private entity qualifies for the awarding of the contract

23-5  specified in subsection 1, the [Division] Department shall conduct a

23-6  drawing to award tags for a special season in the manner set forth in

23-7  the regulations adopted by the Commission pursuant to the

23-8  provisions of subsection 5.

23-9      5.  The Commission shall adopt regulations necessary to carry

23-10  out the provisions of this section, including regulations that

23-11  prescribe the manner in which the [Division] Department must

23-12  conduct a drawing specified in subsection 1 if no private entity

23-13  qualifies for the awarding of the contract.

23-14     Sec.  53.  NRS 502.210 is hereby amended to read as follows:

23-15     502.210  A duplicate tag may not be issued except as follows:

23-16     1.  Upon receiving an affidavit of an applicant that a tag

23-17  previously issued has been lost or destroyed and upon payment of a

23-18  fee of $5, the [Division] Department shall issue a duplicate tag to

23-19  the applicant.

23-20     2.  Upon receiving an affidavit of an applicant that he has not

23-21  received the tag for which he applied and paid the required fee, the

23-22  [Division] Department may, not earlier than 7 days after the date on

23-23  which the tag was mailed, issue a duplicate tag to the applicant upon

23-24  payment of a fee of $5.

23-25  The provisions of this section do not affect the issuance of a

23-26  replacement tag pursuant to NRS 502.215.

23-27     Sec.  54.  NRS 502.215 is hereby amended to read as follows:

23-28     502.215  1.  If any person who possesses a tag to hunt a big

23-29  game mammal kills an animal that is believed to be diseased and

23-30  unfit for human consumption, he shall place his tag on the carcass in

23-31  the manner provided by law or regulation and provide the whole

23-32  carcass for inspection by an authorized representative of the

23-33  [Division] Department or, at his own expense, by a veterinarian

23-34  licensed to practice in Nevada. Except as otherwise provided in this

23-35  subsection, the holder of the tag who provides the carcass for such

23-36  an inspection is entitled, if the carcass is diseased and unfit for

23-37  human consumption, to receive at no charge another tag as a

23-38  replacement for the one he placed on the carcass pursuant to this

23-39  subsection. The holder shall choose whether the replacement tag is

23-40  to be issued for the current hunting season or for the next similar

23-41  season in the following year. If the holder chooses to retain the

23-42  head, antlers, carcass, horns or hide of the animal, and the

23-43  authorized representative of the [Division] Department approves

23-44  the retention, the holder shall be deemed to waive any claim he may

23-45  have had for the issuance of a replacement tag.

24-1      2.  A replacement tag issued pursuant to subsection 1 for the

24-2  current hunting season is valid for:

24-3      (a) The entire remaining portion of the season for which the

24-4  original tag was issued; or

24-5      (b) If the original tag was issued for a period of a split season,

24-6  the entire remaining portion of the period for which the original tag

24-7  was issued or the entire following period, if any.

24-8      3.  A replacement tag issued pursuant to subsection 1 must be:

24-9      (a) Issued for the same unit for which the original tag was

24-10  issued.

24-11     (b) Used in the same manner as or pursuant to the same

24-12  conditions or restrictions applicable to the original tag.

24-13     4.  The Commission shall adopt by regulation:

24-14     (a) A procedure for the inspection and verification of the

24-15  condition of such a carcass;

24-16     (b) Requirements for the disposal of such a carcass if it is

24-17  determined to be diseased and unfit for human consumption;

24-18     (c) Requirements for the disposition of the hide and the antlers

24-19  or horns of the animal; and

24-20     (d) Except as otherwise provided in subsection 2, a procedure

24-21  for the issuance of a replacement tag pursuant to this section.

24-22     5.  For the purposes of this section, “split season” means a

24-23  season which is divided into two or more periods.

24-24     Sec.  55.  NRS 502.230 is hereby amended to read as follows:

24-25     502.230  1.  A nonresident deer tag for regular season may be

24-26  issued to any nonresident of this state or to the immediate members

24-27  of such nonresident’s family, as a bona fide owner of land within

24-28  this state, for the privilege to hunt upon that land to which he has

24-29  title, if not less than 75 percent of all land belonging to him in the

24-30  State of Nevada and upon which he proposes to hunt is open to the

24-31  public for hunting.

24-32     2.  Such nonresident may hunt deer during the same periods and

24-33  subject to the same limitations as may be allowed or imposed upon

24-34  residents of Nevada in connection with such hunting if such

24-35  nonresident has first obtained a nonresident hunting license.

24-36     3.  A nonresident deer tag for the regular season may be issued

24-37  by the [Division] Department only upon proof of the applicant’s

24-38  title to certain lands within this state. The Commission shall adopt

24-39  and promulgate regulations establishing requirements for obtaining

24-40  tags, including a determination that the land proposed for hunting is

24-41  deer habitat.

24-42     4.  Such nonresident deer tag for the regular season may be

24-43  issued only upon payment of the regular nonresident fee and is valid

24-44  for use only on the land owned and described, and such nonresident

25-1  deer tag for the regular season must indicate “nonresident

25-2  landowner.”

25-3      Sec.  56.  NRS 502.240 is hereby amended to read as follows:

25-4      502.240  The [Division] Department shall issue annual licenses

25-5  and limited permits:

25-6      1.  To any person who has not attained his 16th birthday and

25-7  who has been a bona fide resident of the State of Nevada for 6

25-8  months immediately preceding his application for a license, upon

25-9  payment of $5 for an annual trapping license.

25-10     2.  Except as otherwise provided in NRS 502.245 and 504.390,

25-11  to any person who has attained his 16th birthday and who has been a

25-12  bona fide resident of the State of Nevada for 6 months immediately

25-13  preceding his application for a license, upon the payment of:

 

25-14  For a fishing license........................... $20

25-15  For a 1-day permit to fish....................... 6

25-16  For each consecutive day added to a 1-day permit to fish2

25-17  For a hunting license............................ 23

25-18  For a combined hunting and fishing license    38

25-19  For a trapping license........................... 30

25-20  For a fur dealer’s license...................... 50

25-21  For an annual master guide’s license250

25-22  For an annual subguide’s license......... 75

 

25-23     3.  To any person who has attained his 12th birthday but who

25-24  has not attained his 16th birthday, and who is not a bona fide

25-25  resident of the State of Nevada, upon the payment of $8 for an

25-26  annual fishing license, except for a fishing license to fish in the

25-27  reciprocal waters of the Colorado River, Lake Mead and Lake

25-28  Mohave, which annual license must cost a sum agreed upon by the

25-29  Commission and the Arizona Game and Fish Commission, but not

25-30  to exceed $30.

25-31     4.  Except as otherwise provided in subsection 3, to any person

25-32  who is not a bona fide resident of the State of Nevada, upon the

25-33  payment of:

 

25-34  For a fishing license, except for a fishing license to

25-35  fish in the reciprocal waters of the Colorado River,

25-36  Lake Mead and Lake Mohave, which license must

25-37  cost a sum agreed upon by the Commission and the

25-38  Arizona Game and Fish Commission, but not to

25-39  exceed $30.......................................... $50

25-40  For a 1-day permit to fish.................... 11

25-41  For each consecutive day added to a 1-day permit to

25-42  fish........................................................... 4

26-1  For a hunting license........................ $110

26-2  For an annual trapper’s license........... 150

26-3  For a fur dealer’s license.................... 100

26-4  For an annual master guide’s license. 500

26-5  For an annual subguide’s license....... 150

26-6  For a 1-day permit to hunt upland game and

26-7  waterfowl............................................... 15

26-8  For each consecutive day added to a 1-day permit to

26-9  hunt upland game and waterfowl............ 5

 

26-10     5.  To any person, without regard to residence, upon the

26-11  payment of:

 

26-12  For a noncommercial license for the possession of

26-13  live wildlife........................................... $5

26-14  For a commercial or private shooting preserve  100

26-15  For a commercial license for the possession of live

26-16  wildlife................................................ 100

26-17  For a live bait dealer’s permit.............. 35

26-18  For a competitive field trials permit.... 25

26-19  For a permit to train dogs or falcons..... 5

26-20  For a 1-year falconry license................ 30

26-21  For a 3-year falconry license................ 75

26-22  For an importation permit...................... 5

26-23  For an import eligibility permit........... 25

26-24  For an exportation permit...................... 5

26-25  For any other special permit issued by the [Division,]

26-26  Department,a fee not to exceed $100 set by the

26-27  Commission.

 

26-28     Sec.  57.  NRS 502.245 is hereby amended to read as follows:

26-29     502.245  1.  The [Division] Department shall issue any

26-30  hunting or fishing license or combined hunting and fishing license

26-31  authorized under the provisions of this chapter, upon proof

26-32  satisfactory of the requisite facts and payment of the applicable fee,

26-33  to any person who has resided in this state:

26-34     (a) For the 6-month period immediately preceding the date of

26-35  his application for a license and:

26-36         (1) Has a severe physical disability; or

26-37         (2) Has attained his 12th birthday but has not attained his

26-38  16th birthday; or

26-39     (b) Continuously for 5 years immediately preceding the date of

26-40  this application for a license and is 65 years of age or older.

26-41     2.  The [Division] Department shall charge and collect for such

26-42  a:

27-1  Hunting license...................................... $4

27-2  Fishing license......................................... 4

27-3  Combined hunting and fishing license... 7

 

27-4      3.  For the purposes of this section, “severe physical disability”

27-5  means a physical disability which materially limits the person’s

27-6  ability to engage in gainful employment.

27-7      Sec.  58.  NRS 502.250 is hereby amended to read as follows:

27-8      502.250  1.  Except as otherwise provided in this section, the

27-9  following fees must be charged for tags:

 

27-10  Resident deer tag for regular season. $15

27-11  Nonresident and alien deer tag for regular season  60

27-12  Resident antelope tag........................... 50

27-13  Resident elk tag.................................. 100

27-14  Resident bighorn sheep tag................ 100

27-15  Resident mountain goat tag............... 100

27-16  Resident mountain lion tag.................. 25

 

27-17     2.  Other resident big game tags for special seasons must not

27-18  exceed $50. Other nonresident big game tags for special seasons

27-19  must not exceed $1,000.

27-20     3.  Tags determined to be necessary by the Commission for

27-21  other species pursuant to NRS 502.130 must not exceed $100.

27-22     4.  A fee not to exceed $10 may be charged for processing an

27-23  application for a tag other than an elk tag. A fee of not less than $5

27-24  but not more than $15 must be charged for processing an application

27-25  for an elk tag, $5 of which must be deposited with the State

27-26  Treasurer for credit to the Wildlife Account in the State General

27-27  Fund and used for the prevention and mitigation of damage caused

27-28  by elk or game mammals not native to this state.

27-29     5.  The Commission may accept sealed bids for or auction not

27-30  more than 15 big game tags and not more than 5 wild turkey tags

27-31  each year. To reimburse the [Division] Department for the cost of

27-32  managing wildlife and administering and conducting the bid or

27-33  auction, not more than 18 percent of the total amount of money

27-34  received from the bid or auction may be deposited with the State

27-35  Treasurer for credit to the Wildlife Account in the State General

27-36  Fund. Any amount of money received from the bid or auction that is

27-37  not so deposited must be deposited with the State Treasurer for

27-38  credit to the Wildlife Heritage Trust Account in the State General

27-39  Fund in accordance with the provisions of NRS 501.3575.

27-40     6.  The Commission may by regulation establish an additional

27-41  drawing for big game tags, which may be entitled the Partnership in

27-42  Wildlife Drawing. To reimburse the [Division] Department for the

28-1  cost of managing wildlife and administering and conducting the

28-2  drawing, not more than 18 percent of the total amount of money

28-3  received from the drawing may be deposited with the State

28-4  Treasurer for credit to the Wildlife Account in the State General

28-5  Fund. Except as otherwise provided by regulations adopted by the

28-6  Commission pursuant to subsection 7, the money received by the

28-7  [Division] Department from applicants in the drawing who are not

28-8  awarded big game tags must be deposited with the State Treasurer

28-9  for credit to the Wildlife Heritage Trust Account in accordance with

28-10  the provisions of NRS 501.3575.

28-11     7.  The Commission may adopt regulations which authorize the

28-12  return of all or a portion of any fee collected from a person pursuant

28-13  to the provisions of this section.

28-14     Sec.  59.  NRS 502.253 is hereby amended to read as follows:

28-15     502.253  1.  In addition to any fee charged and collected

28-16  pursuant to NRS 502.250, a fee of $3 must be charged for

28-17  processing each application for a game tag, the revenue from which

28-18  must be accounted for separately, deposited with the State Treasurer

28-19  for credit to the Wildlife Account in the State General Fund and

28-20  used by the [Division] Department for costs related to:

28-21     (a) Programs for the management and control of injurious

28-22  predatory wildlife;

28-23     (b) Wildlife management activities relating to the protection of

28-24  nonpredatory game animals, sensitive wildlife species and related

28-25  wildlife habitat;

28-26     (c) Conducting research, as needed, to determine successful

28-27  techniques for managing and controlling predatory wildlife,

28-28  including studies necessary to ensure effective programs for the

28-29  management and control of injurious predatory wildlife; and

28-30     (d) Programs for the education of the general public concerning

28-31  the management and control of predatory wildlife.

28-32     2.  The [Division] Department of Wildlife is hereby authorized

28-33  to expend a portion of the money collected pursuant to subsection 1

28-34  to enable the State Department of Agriculture to develop and carry

28-35  out the programs described in subsection 1.

28-36     3.  The money in the Wildlife Account remains in the Account

28-37  and does not revert to the State General Fund at the end of any fiscal

28-38  year.

28-39     Sec.  60.  NRS 502.255 is hereby amended to read as follows:

28-40     502.255  The [Division] Department shall account separately

28-41  for the money received from fees for processing applications for

28-42  tags and, except as otherwise provided in NRS 502.253, use that

28-43  money only for all of the [Division’s] Department’s direct and

28-44  indirect costs associated with the system of applications and

28-45  drawings for, and the issuance of, tags.

29-1      Sec.  61.  NRS 502.300 is hereby amended to read as follows:

29-2      502.300  1.  Except as otherwise provided in subsection 2, it is

29-3  unlawful for any person to hunt any migratory game bird, except

29-4  jacksnipe, coot, gallinule, western mourning dove, white-winged

29-5  dove and band-tailed pigeon, unless at the time he is hunting he

29-6  carries on his person:

29-7      (a) An unexpired state duck stamp validated by his signature in

29-8  ink across the face of the stamp; or

29-9      (b) Such documentation as the [Division] Department provides

29-10  via the Internet as proof that he has paid to the [Division,]

29-11  Department, for the licensing period that includes the time he is

29-12  hunting, the same fee as that required pursuant to subsection 3 for

29-13  the purchase of an unexpired state duck stamp for that period.

29-14     2.  The provisions of subsection 1 do not apply to a person who:

29-15     (a) Is under the age of 12 years; or

29-16     (b) Is 65 years of age or older.

29-17     3.  Unexpired duck stamps must be sold for a fee of not more

29-18  than $5 each by the [Division] Department and by persons

29-19  authorized by the [Division] Department to sell hunting licenses.

29-20  The Commission shall establish the price to be charged by the

29-21  [Division] Department or agents of the [Division] Department for

29-22  expired duck stamps, and the fee for unexpired duck stamps within

29-23  the limit provided.

29-24     4.  The [Division] Department shall determine the form of the

29-25  stamps.

29-26     Sec.  62.  NRS 502.310 is hereby amended to read as follows:

29-27     502.310  All money received pursuant to NRS 502.300 must be

29-28  deposited with the State Treasurer for credit to the Wildlife Account

29-29  in the State General Fund. The [Division] Department shall

29-30  maintain separate accounting records for the receipt and expenditure

29-31  of that money. An amount not to exceed 10 percent of that money

29-32  may be used to reimburse the [Division] Department for the cost of

29-33  administering the state duck stamp programs. This amount is in

29-34  addition to compensation allowed persons authorized to issue and

29-35  sell licenses.

29-36     Sec.  63.  NRS 502.322 is hereby amended to read as follows:

29-37     502.322  1.  Before the [Division] Department may undertake

29-38  any project using money received pursuant to NRS 502.300, it shall

29-39  analyze the project and provide the Commission with

29-40  recommendations as to the need for the project and its feasibility.

29-41     2.  Money received pursuant to NRS 502.300 must be used for

29-42  projects approved by the Commission for the protection and

29-43  propagation of migratory game birds, and for the acquisition,

29-44  development and preservation of wetlands in Nevada.

 

30-1      Sec.  64.  NRS 502.324 is hereby amended to read as follows:

30-2      502.324  The [Division] Department shall, not later than the

30-3  [5th] fifth calendar day of each regular session of the Legislature,

30-4  submit to [it] the Legislature a report summarizing any projects

30-5  undertaken, receipt and expenditure of money , and public benefits

30-6  achieved by the program for the sale of state duck stamps.

30-7      Sec.  65.  NRS 502.326 is hereby amended to read as follows:

30-8      502.326  1.  Except as otherwise provided in subsection 2, it is

30-9  unlawful for any person to take or possess trout unless at the time he

30-10  is fishing he carries on his person:

30-11     (a) An unexpired state trout stamp affixed to his fishing license

30-12  and validated by his signature in ink across the face of the stamp; or

30-13     (b) Such documentation as the [Division] Department provides

30-14  via the Internet as proof that he has paid to the [Division,]

30-15  Department, for the licensing period that includes the time he is

30-16  fishing, the same fee as that required pursuant to subsection 3 for the

30-17  purchase of a state trout stamp for that period.

30-18     2.  The provisions of subsection 1 do not apply to a person who:

30-19     (a) Is under the age of 12; or

30-20     (b) Is fishing:

30-21         (1) Under the authority of a valid 1-day permit to fish or

30-22  during a consecutive day validly added to that permit; or

30-23         (2) In accordance with regulations adopted by the

30-24  Commission pursuant to subparagraph (2) of paragraph (e) of

30-25  subsection 1 of NRS 502.010.

30-26     3.  State trout stamps must be sold for a fee of $10 each by the

30-27  [Division] Department and by persons authorized by the [Division]

30-28  Department to sell hunting, fishing and trapping licenses.

30-29     4.  The [Division] Department shall determine the form of the

30-30  stamps.

30-31     Sec.  66.  NRS 502.327 is hereby amended to read as follows:

30-32     502.327  1.  All money received pursuant to NRS 502.326

30-33  must be deposited with the State Treasurer for credit to the Trout

30-34  Management Account, which is hereby established in the State

30-35  General Fund.

30-36     2.  The interest and income earned on the money in the Trout

30-37  Management Account, after deducting any applicable charges, must

30-38  be credited to the Account.

30-39     3.  The [Division] Department shall:

30-40     (a) Maintain separate accounting records for the receipt of

30-41  money pursuant to NRS 502.326 and the expenditure of that money.

30-42     (b) Administer the Trout Management Account. The [Division]

30-43  Department may use money in the Account only for the protection,

30-44  propagation and management of trout in this state and for any

30-45  bonded indebtedness incurred therefor.

31-1      Sec.  67.  NRS 502.330 is hereby amended to read as follows:

31-2      502.330  1.  No hunting license may be obtained by any

31-3  person born after January 1, 1960, unless he presents to the

31-4  [Division,] Department, or one of its authorized licensing agents:

31-5      (a) A certificate of successful completion of a course of

31-6  instruction in the responsibilities of hunters as provided by

31-7  NRS 502.340;

31-8      (b) An equivalent certificate of completion of a course in the

31-9  responsibilities of hunters provided by a state or an agency of a

31-10  Canadian province for the management of wildlife; or

31-11     (c) A hunting license issued to him in a previous year by the

31-12  [Division,] Department, a state or an agency of a Canadian

31-13  province, which bears a number or other unique mark evidencing

31-14  successful completion of a course of instruction in the

31-15  responsibilities of hunters.

31-16     2.  Any person who has been convicted of violating NRS

31-17  503.165 or 503.175 may not obtain a hunting license until he has

31-18  successfully completed a course in the responsibilities of hunters

31-19  conducted pursuant to NRS 502.340.

31-20     Sec.  68.  NRS 502.340 is hereby amended to read as follows:

31-21     502.340  The [Division] Department shall certify instructors

31-22  who will, with the cooperation of the [Division,] Department,

31-23  provide instruction in the responsibilities of hunters established by

31-24  the [Division] Department to all eligible persons who, upon the

31-25  successful completion of the course, must be issued a certificate.

31-26  Persons who are disqualified from obtaining a hunting license,

31-27  pursuant to NRS 502.330, are eligible for the course.

31-28     Sec.  69.  NRS 502.370 is hereby amended to read as follows:

31-29     502.370  1.  A license to practice taxidermy is required before

31-30  any person may perform taxidermal services for others on any

31-31  wildlife or their parts, nests or eggs.

31-32     2.  Annual licenses for the term of 1 year from July 1 to June 30

31-33  must be issued by the [Division] Department for the following fees:

 

31-34  Fee to practice commercial taxidermy$35

31-35  Fee to practice noncommercial taxidermy   5

 

31-36     3.  Any person who wishes to obtain a license to practice

31-37  taxidermy must apply for the license on an application form

31-38  provided by the [Division.] Department. The applicant must provide

31-39  such information on the form as the Commission may require by

31-40  regulation.

31-41     4.  The Commission may adopt regulations governing the

31-42  licensing of taxidermists and the practice of taxidermy, including:

32-1      (a) The receipt, possession, transportation, identification,

32-2  purchase and sale of wildlife or parts thereof to be or which have

32-3  been processed by a taxidermist;

32-4      (b) The maintenance and submission of written records; and

32-5      (c) Any other matter concerning the practice, conduct and

32-6  operating procedures of taxidermists as the Commission may deem

32-7  necessary.

32-8      5.  A person who is authorized to enforce the provisions of this

32-9  title may enter the facilities of a licensee at any reasonable hour and

32-10  inspect his operations and records.

32-11     6.  If a licensee is convicted of a violation of any provision of

32-12  this title or the regulations adopted by the Commission, the

32-13  Commission may revoke his license and may refuse to issue another

32-14  license to him for a period not to exceed 5 years.

32-15     7.  The provisions of this section do not apply to institutions of

32-16  learning of this state or of the United States, or to research activities

32-17  conducted exclusively for scientific purposes, or for the

32-18  advancement of agriculture, biology or any of the sciences.

32-19     Sec.  70.  NRS 502.390 is hereby amended to read as follows:

32-20     502.390  1.  Any:

32-21     (a) Person who develops or maintains an artificial or man-made

32-22  body of water, other than a body of water maintained for

32-23  agricultural or recreational purposes, containing chemicals or

32-24  substances in quantities which, with the normal use of the body of

32-25  water, causes or will cause the death of any wildlife; or

32-26     (b) Operator of a mining operation which develops or maintains

32-27  an artificial body of water containing chemicals directly associated

32-28  with the processing of ore,

32-29  must first obtain a permit from the [Division] Department

32-30  authorizing the development or maintenance of the body of water.

32-31     2.  Within 30 working days after receiving an application for a

32-32  permit, the [Division] Department shall issue the permit or deny the

32-33  application and list the reasons for denial. An applicant may appeal

32-34  the denial of a permit to the Commission. A permit may be valid for

32-35  up to 5 years. The Commission may establish a fee for a permit of

32-36  not more than $100 per year.

32-37     3.  Upon the transfer of ownership of any artificial or man-made

32-38  body of water as to which a permit issued pursuant to this section is

32-39  in force at the time of the transfer, the permit remains in effect for

32-40  30 days after the transfer of ownership.

32-41     4.  A person holding a permit issued pursuant to this section

32-42  shall, in addition to the fee for the permit, pay to the [Division]

32-43  Department an assessment. The amount of the assessment must be

32-44  determined pursuant to regulations adopted by the Commission. The

32-45  assessment must be no more than $10,000 per year for each permit.

33-1      5.  Any person who fails to obtain a permit or pay an

33-2  assessment as required by this section and the regulations adopted

33-3  pursuant thereto or who fails to comply with the provisions of a

33-4  permit is guilty of a misdemeanor for the first offense and a gross

33-5  misdemeanor for any subsequent offense.

33-6      6.  As used in this section:

33-7      (a) “Mining operation” means any activity conducted in this

33-8  state by a person on or beneath the surface of land for the purpose

33-9  of, or in connection with, the development or extraction of any

33-10  mineral.

33-11     (b) “Operator” means any person who owns, controls or

33-12  manages a mining operation.

33-13     Sec.  71.  NRS 503.005 is hereby amended to read as follows:

33-14     503.005  1.  Except as otherwise provided in subsection 2, a

33-15  person shall not kill or attempt to kill any birds or animals while

33-16  flying in an aircraft.

33-17     2.  The Commission may promulgate rules and regulations

33-18  whereby the [Division] Department may issue permits authorizing

33-19  the hunting, killing or nonlethal control of coyotes, bobcats or

33-20  ravens from an aircraft.

33-21     3.  Every person who willfully violates the provisions of

33-22  subsection 1 is guilty of a misdemeanor.

33-23     Sec.  72.  NRS 503.035 is hereby amended to read as follows:

33-24     503.035  1.  “Meat or game processor” as used in this section

33-25  means any person, firm or corporation that receives any game for

33-26  the purpose of processing or storage or for the purposes of

33-27  processing and storage.

33-28     2.  Any meat or game processor who receives any game for the

33-29  purpose of processing or storage may, within 90 days after the

33-30  receipt thereof, if such game remains in the possession of such meat

33-31  or game processor, dispose of such game to the [Division]

33-32  Department if the owner of such game has not paid such meat or

33-33  game processor for the processing or storage thereof.

33-34     3.  The [Division] Department shall distribute such game to

33-35  public charities on a fair and equitable basis.

33-36     4.  No action may be commenced against such meat or game

33-37  processor by the owner of such game after such game has been

33-38  delivered to the [Division] Department under the provisions of this

33-39  section.

33-40     5.  Nothing in this section deprives a meat or game processor of

33-41  any remedy at law available to a creditor against a debtor for the

33-42  recovery of any money or other legal consideration owing from the

33-43  owner of the game to the meat or game processor for such

33-44  processing or storage.

 

34-1      Sec.  73.  NRS 503.040 is hereby amended to read as follows:

34-2      503.040  1.  Except as otherwise provided in this section, it is

34-3  unlawful for any person at any time to transport or offer for

34-4  transportation to any place within or outside of this state any game

34-5  mammal, raw furs, wild mammal taken by trapping, game bird or

34-6  game fish taken within this state.

34-7      2.  Any person who has legally taken any game mammal, raw

34-8  furs, wild mammal taken by trapping, game bird or game fish within

34-9  this state may use his hunting license, trapping license or fishing

34-10  license or tag or stamp, when required, as a permit to transport one

34-11  possession limit to points within or outside the State.

34-12     3.  Any person who legally acquires ownership or custody of

34-13  any game mammal, raw furs, wild mammal taken by trapping, game

34-14  bird or game fish not taken by him through hunting, trapping or

34-15  fishing may transport such mammal, furs, bird or fish within the

34-16  State without a transportation permit if such shipment does not

34-17  exceed one possession limit and if such shipment is labeled with the

34-18  name, address, number and class of license of the hunter, trapper or

34-19  fisherman who legally took such mammal, furs, bird or fish and date

34-20  taken, if the mammal, furs, bird or fish is not required by law or

34-21  regulation to be tagged. Unless otherwise permitted by a regulation

34-22  of the Commission, when tagged shipments are involved, a

34-23  transportation permit is required as provided in this section.

34-24     4.  Any other person who desires to transport any game

34-25  mammal, raw furs, wild mammal taken by trapping, game fish or

34-26  game bird to a point within or without the State may do so only

34-27  under the authority of a transportation permit as provided in this

34-28  section.

34-29     5.  The [Division] Department shall designate the form of the

34-30  transportation permit and such permits may be issued for a fee of $1

34-31  by any game warden or other such persons as may be specifically

34-32  designated by the [Division.] Department. The person legally in

34-33  possession of the game mammals, raw furs, wild mammals taken by

34-34  trapping, game birds or game fish to be transported must appear

34-35  before the issuing agent to obtain a transportation permit. The

34-36  permit must describe the wildlife to be transported and identify by

34-37  name, address, license number and class the person who legally took

34-38  the furs or wildlife and by name and address the person transporting

34-39  it. Whenever raw furs or wildlife is to be transported by the postal

34-40  service or by common carrier, freight or express agency, such an

34-41  agency may be designated by name alone.

34-42     6.  Game mammals, raw furs, wild mammals taken by trapping,

34-43  game birds or game fish transported to another person shall be

34-44  deemed to be in the legal possession of the person making shipment

34-45  until actual delivery is made.

35-1      7.  Any package or container in which game birds, raw furs,

35-2  wild mammals taken by trapping, game mammals or game fish are

35-3  being transported by common carrier must have the name and

35-4  address of the shipper and of the consignee and an accurate

35-5  statement of the number and kinds of game birds, raw furs, wild

35-6  mammals taken by trapping, game mammals or game fish contained

35-7  therein attached to the outside thereof.

35-8      8.  The Commission may limit the number of shipments by any

35-9  one person in any one season of any kind of game bird, game

35-10  mammal or game fish.

35-11     Sec.  74.  NRS 503.185 is hereby amended to read as follows:

35-12     503.185  1.  Every person involved in a hunting accident

35-13  where damage to property results, or which involves the injury of or

35-14  death to another person, shall file a report of the accident with the

35-15  [Division] Department within 30 days after the accident. The report

35-16  must be on the form prescribed by the [Division.] Department.

35-17     2.  The [Division] Department shall revoke any hunting license

35-18  held by a person convicted of violating NRS 503.165 or 503.175, if

35-19  the violation results in an injury to or the death of another person.

35-20  The [Division] Department shall not issue another such license to

35-21  the person sooner than 2 years after the revocation.

35-22     Sec.  75.  NRS 503.200 is hereby amended to read as follows:

35-23     503.200  1.  The [Division] Department is empowered to

35-24  authorize, under permit and for such fee as may be provided in NRS

35-25  502.240, competitive field trials for hunting dogs or competitive

35-26  field trials for falconry. The Commission shall prescribe the rules

35-27  and regulations to be followed by those in charge of such trials

35-28  insofar as conduct of the field trials has any effect or bearing upon

35-29  wildlife and the laws of this state respecting closed and open

35-30  seasons.

35-31     2.  For the purpose of permitting such field trials , the

35-32  [Division] Department may authorize shooting of legally acquired

35-33  upland game birds during any closed season on the species of bird

35-34  or birds to be hunted.

35-35     3.  All legally acquired upland game birds used in a field trial or

35-36  for the purpose of training hunting dogs and for falconry training

35-37  must be banded with legbands by the person in charge of such field

35-38  trial or training. Such birds may only be released in an area first

35-39  approved by the [Division,] Department, after which the [Division]

35-40  Department shall authorize, under permit and under such rules and

35-41  regulations as the Commission may prescribe, the releasing of such

35-42  legally acquired upland game birds for the foregoing purposes.

35-43     4.  All birds killed under the provisions of this section must be

35-44  accompanied by a receipt, giving the permit number, the date, the

35-45  name of the person in possession, and signed by the permit holder.

36-1  Birds killed and accompanied by a receipt under the provisions of

36-2  this section may be legally possessed.

36-3      Sec.  76.  NRS 503.290 is hereby amended to read as follows:

36-4      503.290  1.  Except as otherwise provided in subsection 2, it is

36-5  unlawful for any person to fish in or from any of the waters of the

36-6  State of Nevada for any fish of any species in any manner other than

36-7  with hook and line attached to a rod or reel closely attended in the

36-8  manner known as angling. Only one combination of hook, line and

36-9  rod must be used by one person at any time, except that a second

36-10  combination of hook, line and rod may be used by a person if the

36-11  person:

36-12     (a) Purchases from the [Division] Department or a license agent

36-13  of the [Division] Department a stamp or permit for a second rod;

36-14     (b) Uses the rod in the manner prescribed in this section; and

36-15     (c) Has in his possession a valid fishing license, combined

36-16  hunting and fishing license or permit to fish issued to him by the

36-17  [Division.] Department.

36-18  The fee for the stamp or permit is $10, and is valid only for the

36-19  period for which it is issued.

36-20     2.  The Commission may by regulation authorize other methods

36-21  for taking fish. Frogs may be taken by spear, bow and arrow, hook

36-22  and line or by other methods authorized by the Commission’s

36-23  regulation.

36-24     3.  For the purposes of this section, “hook” includes not more

36-25  than three baited hooks, not more than three fly hooks or not more

36-26  than two plugs or similar lures. No more than two such plugs or

36-27  lures, irrespective of the number of hooks or attractor blades

36-28  attached thereto, may be attached to the line.

36-29     Sec.  77.  NRS 503.310 is hereby amended to read as follows:

36-30     503.310  1.  The Commission may regulate or prohibit the use

36-31  of live bait in fishing so that no undesirable species are introduced

36-32  into the public waters of this state.

36-33     2.  Any person engaged in the sale of live bait must first obtain

36-34  a permit from the [Division] Department for the fee provided in

36-35  NRS 502.240. The permit may be revoked for any violation of

36-36  regulations.

36-37     3.  The Commission may prescribe the species which may be

36-38  held or sold by the permittee.

36-39     Sec.  78.  NRS 503.360 is hereby amended to read as follows:

36-40     503.360  1.  It is unlawful for any person at any time to fish

36-41  from any state hatchery, or from any waters set aside or used for the

36-42  purpose of rearing or growing fish for transplanting by the State.

36-43     2.  Nothing in this section prohibits employees of the [Division]

36-44  Department from handling, at any time, all such fish, as may be

36-45  required in the propagation, care and distribution of the fish.

37-1      Sec.  79.  NRS 503.380 is hereby amended to read as follows:

37-2      503.380  The [Division] Department may take or permit the

37-3  commercial taking of unprotected wildlife in any manner approved

37-4  by the Commission. The Commission may fix a price to be paid for

37-5  wildlife so taken. Unprotected wildlife taken under this

37-6  authorization may be sold.

37-7      Sec.  80.  NRS 503.400 is hereby amended to read as follows:

37-8      503.400  1.  Every person who has erected, or who may

37-9  hereafter erect, any dams, water weirs or other obstructions to the

37-10  free passage of fish in the rivers, streams, lakes or other waters of

37-11  the State of Nevada shall construct and keep in repair , to the

37-12  satisfaction of the [Division] Department,  fishways or fish ladders

37-13  at all such dams, water weirs or other obstructions so that at all

37-14  seasons of the year fish may ascend above such dams, water weirs

37-15  or other obstructions to deposit their spawn.

37-16     2.  Every person so placing, controlling or owning any such

37-17  obstruction who fails to comply with the provisions of this section

37-18  after having been notified in writing so to do by the [Division,]

37-19  Department, and every person who at any time willfully or

37-20  knowingly destroys, injures or obstructs any fishway or fish ladder

37-21  which is required by law is guilty of a misdemeanor.

37-22     Sec.  81.  NRS 503.420 is hereby amended to read as follows:

37-23     503.420  1.  Any person, firm or corporation owning in whole

37-24  or in part any canal, ditch or any artificial watercourse, taking or

37-25  receiving its waters from any river, creek or lake in which fish have

37-26  been placed or may exist, shall place or cause to be placed, and such

37-27  persons shall maintain at the intake or inlet of such canal, ditch or

37-28  watercourse, a grating, screen or other device, either stationary or

37-29  operated mechanically, of such construction, fineness, strength and

37-30  quality as may be designated by the [Division,] Department, to

37-31  prevent any fish from entering such canal, ditch or watercourse.

37-32     2.  If such person, firm or corporation, after due notice from the

37-33  [Division,] Department, fails to install or maintain such grating,

37-34  screen or device, the Commission is authorized to enter upon lands

37-35  adjacent to the inlet of such canal, ditch or watercourse, and may

37-36  install therein, and thereafter maintain, such grating, screen or

37-37  device as in the discretion of the [Division] Department is proper.

37-38     3.  It is unlawful for any person or persons, except a game

37-39  warden, to remove, tamper with, destroy or in any way molest such

37-40  screens when the same have been installed.

37-41     Sec.  82.  NRS 503.425 is hereby amended to read as follows:

37-42     503.425  1.  Before a person may use any vacuum or suction

37-43  dredge equipment in any river, stream or lake of this state, he must

37-44  submit an application to the [Division.] Department. The

37-45  application must be accompanied by a fee of $5 and must specify

38-1  the type and size of equipment to be used and its location. If the

38-2  [Division] Department determines that the operations will not be

38-3  deleterious to fish , it shall issue a permit to the applicant.

38-4      2.  A permit issued pursuant to subsection 1 does not authorize

38-5  the recipient to use any equipment in any navigable body of water

38-6  unless the recipient has obtained the appropriate permit for such a

38-7  use from the State Land Registrar.

38-8      3.  It is unlawful for any person to:

38-9      (a) Conduct dredging operations without securing a permit

38-10  pursuant to subsection 1;

38-11     (b) Operate any equipment other than that specified in the

38-12  permit; or

38-13     (c) Conduct a dredging operation outside the area designated on

38-14  the permit.

38-15     Sec.  83.  NRS 503.452 is hereby amended to read as follows:

38-16     503.452  Each trap, snare or similar device used in the taking of

38-17  wild mammals may bear a number registered with the [Division]

38-18  Department or be permanently marked with the name and address

38-19  of the owner or trapper using it. If a trap is registered, the

38-20  registration is permanent. A registration fee of $5 for each registrant

38-21  is payable only once, at the time the first trap, snare or similar

38-22  device is registered.

38-23     Sec.  84.  NRS 503.470 is hereby amended to read as follows:

38-24     503.470  1.  Fur-bearing mammals injuring any property may

38-25  be taken or killed at any time in any manner, provided a permit is

38-26  first obtained from the [Division.] Department.

38-27     2.  When the [Division] Department has determined from

38-28  investigations or upon a petition signed by the owners of 25 percent

38-29  of the land area in any irrigation district or the area served by a ditch

38-30  company alleging that an excessive population of beaver or otter

38-31  exists or that beaver or otter are doing damage to lands, streams,

38-32  ditches, roads or water control structures, the [Division] Department

38-33  shall remove such excess or depredating beaver or otter.

38-34     Sec.  85.  NRS 503.540 is hereby amended to read as follows:

38-35     503.540  Whenever the [Division] Department determines that

38-36  beaver or otter are doing damage and that it will be necessary to

38-37  remove beaver or otter from the land of a person to protect the lands

38-38  of another landowner, the [Division] Department is not prevented

38-39  from taking such beaver or otter by the refusal of the landowner to

38-40  allow the [Division’s] employees of the Department to enter upon

38-41  his land. The [Division] Department is authorized to enter upon the

38-42  lands of such owner and remove beaver or otter for the relief of

38-43  other landowners and the protection of the public welfare.

 

 

39-1      Sec.  86.  NRS 503.575 is hereby amended to read as follows:

39-2      503.575  The [Division,] Department, with the approval of the

39-3  Commission, may sell live beaver.

39-4      Sec.  87.  NRS 503.582 is hereby amended to read as follows:

39-5      503.582  Except as otherwise provided in this section, it is

39-6  unlawful for any person to hunt, trap, possess or sell any species,

39-7  native or otherwise, of owl, hawk or other birds of prey, including

39-8  all raptors or the parts thereof, without first obtaining a permit from

39-9  the [Division.] Department. The Commission may adopt

39-10  regulations:

39-11     1.  Covering the hunting, trapping, possession or sale of any of

39-12  those species.

39-13     2.  Authorizing a person to hunt, trap, possess or sell any of

39-14  those species without obtaining a permit pursuant to the provisions

39-15  of this section.

39-16     Sec.  88.  NRS 503.583 is hereby amended to read as follows:

39-17     503.583  1.  Except as otherwise provided in this section, any

39-18  person who practices falconry or trains birds of prey must obtain a

39-19  falconry license from the [Division] Department upon payment of a

39-20  license fee as provided in NRS 502.240.

39-21     2.  The licensee, under permit, may obtain from the wild only

39-22  two birds per year. All such birds of prey must be banded in

39-23  accordance with regulations adopted by the Commission.

39-24     3.  Birds of prey may not be taken, captured or disturbed during

39-25  the months in which they breed.

39-26     4.  This section does not prohibit the capture or killing of a

39-27  hawk or an owl by holders of scientific collecting permits.

39-28     5.  The Commission may adopt regulations authorizing a person

39-29  to practice falconry or train birds of prey without obtaining a

39-30  falconry license pursuant to the provisions of subsection 1.

39-31     Sec.  89.  NRS 503.5833 is hereby amended to read as follows:

39-32     503.5833  The [Division] Department shall, upon request of the

39-33  Welfare Division of the Department of Human Resources, submit to

39-34  the Welfare Division the name, address and social security number

39-35  of each person who holds a permit or license issued pursuant to

39-36  NRS 503.582 or 503.583 that does not expire less than 6 months

39-37  after it is issued and any pertinent changes in that information.

39-38     Sec.  90.  NRS 503.5835 is hereby amended to read as follows:

39-39     503.5835  1.  If the [Division] Department receives a copy of

39-40  a court order issued pursuant to NRS 425.540 that provides for the

39-41  suspension of all professional, occupational and recreational

39-42  licenses, certificates and permits issued to a person who is the

39-43  holder of a permit or license issued pursuant to NRS 503.582 or

39-44  503.583 that does not expire less than 6 months after it is issued, the

39-45  [Division] Department shall deem the permit or license issued to

40-1  that person to be suspended at the end of the 30th day after the date

40-2  on which the court order was issued unless the [Division]

40-3  Department receives a letter issued to the holder of the permit or

40-4  license by the district attorney or other public agency pursuant to

40-5  NRS 425.550 stating that the holder of the permit or license has

40-6  complied with the subpoena or warrant or has satisfied the arrearage

40-7  pursuant to NRS 425.560.

40-8      2.  The [Division] Department shall reinstate a permit or

40-9  license issued pursuant to NRS 503.582 or 503.583 that has been

40-10  suspended by a district court pursuant to NRS 425.540 if the

40-11  [Division] Department receives a letter issued by the district

40-12  attorney or other public agency pursuant to NRS 425.550 to the

40-13  person whose permit or license was suspended stating that the

40-14  person whose permit or license was suspended has complied with

40-15  the subpoena or warrant or has satisfied the arrearage pursuant to

40-16  NRS 425.560.

40-17     Sec.  91.  NRS 503.585 is hereby amended to read as follows:

40-18     503.585  A species or subspecies of native fish, wildlife and

40-19  other fauna must be regarded as threatened with extinction when the

40-20  Commission, after consultation with competent authorities,

40-21  determines that its existence is endangered and its survival requires

40-22  assistance because of overexploitation, disease or other factors or its

40-23  habitat is threatened with destruction, drastic modification or severe

40-24  curtailment. Any animal so declared to be threatened with extinction

40-25  must be placed on the list of fully protected species, and no member

40-26  of its kind may be captured, removed or destroyed at any time by

40-27  any means except under special permit issued by the [Division.]

40-28  Department.

40-29     Sec.  92.  NRS 503.586 is hereby amended to read as follows:

40-30     503.586  Where any bird, mammal or other wildlife which is

40-31  declared to be in danger of extinction pursuant to NRS 503.585 is

40-32  found to be destructive of domestic animals or fowl or a menace to

40-33  health, the [Division] Department may provide for its destruction or

40-34  its removal, alive, for translocating.

40-35     Sec.  93.  NRS 503.589 is hereby amended to read as follows:

40-36     503.589  In carrying out the program authorized by NRS

40-37  503.584 to 503.589, inclusive, the [Administrator] Director shall

40-38  cooperate, to the maximum extent practicable, with other states and

40-39  with the counties in the State of Nevada, and he may enter into

40-40  agreements with such other states and counties and with other legal

40-41  entities for the administration and management of any area

40-42  established pursuant to NRS 503.584 to 503.589, inclusive, for the

40-43  conservation, protection, restoration and propagation of species of

40-44  native fish, wildlife and other fauna which are threatened with

40-45  extinction.

41-1      Sec.  94.  NRS 503.595 is hereby amended to read as follows:

41-2      503.595  After the owner or tenant of any land or property has

41-3  made a report to the [Division] Department indicating that such

41-4  land or property is being damaged or destroyed, or is in danger of

41-5  being damaged or destroyed, by wildlife, the [Division] Department

41-6  may, after thorough investigation and pursuant to such regulations

41-7  as the Commission may promulgate, cause such action to be taken

41-8  as it may deem necessary, desirable and practical to prevent or

41-9  alleviate such damage or threatened damage to such land or

41-10  property.

41-11     Sec.  95.  NRS 503.597 is hereby amended to read as follows:

41-12     503.597  1.  Except as otherwise provided in this section, it is

41-13  unlawful, except by the written consent and approval of the

41-14  [Division,] Department, for any person at anytime to receive, bring

41-15  or have brought or shipped into this state, or remove from one

41-16  stream or body of water in this state to any other, or from one

41-17  portion of the State to any other, or to any other state, any aquatic

41-18  life[,] or wildlife, or any spawn, eggs or young of any of them.

41-19     2.  The [Division] Department shall require an applicant to

41-20  conduct an investigation to confirm that such an introduction or

41-21  removal will not be detrimental to the wildlife or the habitat of

41-22  wildlife in this state. Written consent and approval of the [Division]

41-23  Department may be given only if the results of the investigation

41-24  prove that the introduction, removal or importation will not be

41-25  detrimental to existing aquatic life[,] or wildlife, or any spawn,

41-26  eggs or young of any of them.

41-27     3.  The Commission may through appropriate regulation

41-28  provide for the inspection of such introduced or removed creatures

41-29  and the inspection fees therefor.

41-30     4.  The Commission may adopt regulations to prohibit the

41-31  importation, transportation or possession of any species of wildlife

41-32  which the Commission deems to be detrimental to the wildlife or the

41-33  habitat of the wildlife in this state.

41-34     5.  The provisions of this section do not apply to alternative

41-35  livestock and products made therefrom.

41-36     Sec.  96.  NRS 503.610 is hereby amended to read as follows:

41-37     503.610  1.  Except as otherwise provided in subsection 2, it is

41-38  unlawful for any person, firm, company, corporation or association

41-39  to kill, destroy, wound, trap, injure, possess dead or alive, or in any

41-40  other manner to catch or capture, or to pursue with such intent the

41-41  birds known as the [American] bald eagle and the golden eagle, or

41-42  to take, injure, possess or destroy the nests or eggs of such birds.

41-43     2.  The [Division] Department may issue permits to take bald

41-44  eagles or golden eagles whenever it determines that they have

41-45  become seriously injurious to wildlife or agricultural or other

42-1  interests in any particular area of the State and the injury

42-2  complained of is substantial and can only be abated by taking some

42-3  or all of the offending birds. The issuance of such permits must be

42-4  consistent with federal law.

42-5      Sec.  97.  NRS 503.650 is hereby amended to read as follows:

42-6      503.650  Nothing in this title:

42-7      1.  Prohibits any person, upon the written permit of the

42-8  [Division,] Department, from taking, killing, possessing or banding

42-9  any species of wildlife, or collecting the nest or eggs thereof, for

42-10  strictly scientific or educational purposes, the number and species of

42-11  wildlife to be limited by the [Division.] Department.

42-12     2.  Prevents shipping into any other county or state, under a

42-13  written permit issued by the [Division,] Department, any wildlife

42-14  for scientific or educational purposes.

42-15  The fee for a permit to collect wildlife for scientific or educational

42-16  purposes is $5.

42-17     Sec.  98.  NRS 504.140 is hereby amended to read as follows:

42-18     504.140  1.  The [Division] Department is authorized, subject

42-19  to approval by the Commission, to enter into agreements with

42-20  landowners, individually or in groups, to establish wildlife

42-21  management areas and to enforce regulations necessary thereto for

42-22  the purpose of providing greater areas for the public to hunt or fish

42-23  on private lands and to protect the landowner or lessee from damage

42-24  due to trespass or excessive hunting or fishing pressure.

42-25     2.  Such an agreement must require that the Department

42-26  designate certain portions of the area as closed zones for the

42-27  protection of livestock, buildings, persons and other properties.

42-28     3.  The zones must be posted conspicuously along all

42-29  boundaries and it is unlawful to hunt, fish or trespass therein or to

42-30  hunt or fish on any cooperative area contrary to the regulations

42-31  provided.

42-32     4.  The agreement may designate the number of hunters or

42-33  fishermen who may be admitted to the area, if such limitation is

42-34  necessary or desirable.

42-35     Sec.  99.  NRS 504.147 is hereby amended to read as follows:

42-36     504.147  1.  The [Division] Department may, if such leases or

42-37  sales do not interfere with the use of such real property for wildlife

42-38  management or for hunting or fishing thereon:

42-39     (a) Lease, for a term not exceeding 5 years, grazing or pasturage

42-40  rights in and to real property which is assigned to the [Division]

42-41  Department for administration.

42-42     (b) Sell crops or agricultural products of whatever kind

42-43  produced on such real property.

42-44     2.  Except as otherwise provided in subsection 3, whenever the

42-45  [Division] Department intends to lease grazing or pasturage rights

43-1  or to sell or offer for sale agricultural products as provided in

43-2  subsection 1, the [Division] Department may do so only by

43-3  advertising for bids, reserving in such advertising the right to reject

43-4  any or all bids.

43-5      3.  The [Division] Department may enter into such a lease with

43-6  or make such a sale to a state agency without advertising for bids if

43-7  the rent agreed to be paid for the lease or the sale price agreed to be

43-8  paid for any agricultural commodities to be sold is, in the opinion of

43-9  the [Division,] Department, equal to the amount that would be

43-10  obtained by advertising for bids.

43-11     4.  If the [Division] Department finds that the highest or best

43-12  bid is less than the amount that should be paid, the [Division]

43-13  Department may reject all bids and negotiate with interested

43-14  persons for such lease or sale, but shall not accept any negotiated

43-15  price if it is less in amount than the highest bid tendered for the

43-16  same lease or sale.

43-17     5.  If the deed to real property assigned to the [Division]

43-18  Department for administration contains a covenant or provision

43-19  giving to the grantor an option to meet the highest bid for any lease

43-20  by the [Division] Department of grazing or pasturage rights to the

43-21  real property or the sale of agricultural products from it, the

43-22  [Division] Department shall comply with the terms of the covenant

43-23  or provision in the deed.

43-24     Sec.  100.  NRS 504.155 is hereby amended to read as follows:

43-25     504.155  All gifts, grants, fees and appropriations of money

43-26  received by the [Division] Department for the prevention and

43-27  mitigation of damage caused by elk or game mammals not native to

43-28  this state, and the interest and income earned on the money, less any

43-29  applicable charges, must be accounted for separately within the

43-30  Wildlife Account and may only be disbursed as provided in the

43-31  regulations adopted pursuant to NRS 504.165.

43-32     Sec.  101.  NRS 504.165 is hereby amended to read as follows:

43-33     504.165  1.  The Commission shall adopt regulations

43-34  governing the disbursement of money to:

43-35     (a) Prevent or mitigate damage to private property and privately

43-36  maintained improvements; and

43-37     (b) Compensate persons for grazing reductions and the loss of

43-38  stored and standing crops,

43-39  caused by elk or game mammals not native to this state.

43-40     2.  The regulations must contain:

43-41     (a) Requirements for the eligibility of those persons claiming

43-42  damage to private property or privately maintained improvements to

43-43  receive money or materials from the [Division,] Department,

43-44  including a requirement that such a person enter into a cooperative

44-1  agreement with the [Administrator] Director for purposes related to

44-2  this title.

44-3      (b) Procedures for the formation of local panels to assess

44-4  damage caused by elk or game mammals not native to this state and

44-5  to determine the value of a loss claimed if the person claiming the

44-6  loss and the [Division] Department do not agree on the value of the

44-7  loss.

44-8      (c) Procedures for the use on private property of materials

44-9  purchased by the State to prevent damage caused by elk or game

44-10  mammals not native to this state.

44-11     (d) Any other regulations necessary to carry out the provisions

44-12  of this section and NRS 504.155 and 504.175.

44-13     3.  The regulations must:

44-14     (a) Provide for the payment of money or other compensation to

44-15  cover the costs of labor and materials necessary to prevent or

44-16  mitigate damage to private property and privately maintained

44-17  improvements caused by elk or game mammals not native to this

44-18  state.

44-19     (b) Prohibit a person who has, within a particular calendar year,

44-20  applied for or received a special incentive elk tag pursuant to NRS

44-21  502.142 from applying, within the same calendar year, for

44-22  compensation pursuant to this section for the same private land.

44-23     4.  Money may not be disbursed to a claimant pursuant to this

44-24  section unless the claimant shows by a preponderance of the

44-25  evidence that the damage for which he is seeking compensation was

44-26  caused solely by elk or game mammals not native to this state.

44-27     Sec.  102.  NRS 504.175 is hereby amended to read as follows:

44-28     504.175  The [Administrator] Director shall, on or before the

44-29  fifth calendar day of each regular session of the Legislature, submit

44-30  to the Legislature a report summarizing the actions taken by the

44-31  [Division] Department to prevent or mitigate damage caused by elk

44-32  or game mammals not native to this state. The report must include a

44-33  list of the expenditures made pursuant to this section and NRS

44-34  504.155 and 504.165 during the preceding biennium and a

44-35  determination of the amount of money remaining for those

44-36  purposes.

44-37     Sec.  103.  NRS 504.185 is hereby amended to read as follows:

44-38     504.185  The provisions of NRS 504.155 to 504.185, inclusive,

44-39  do not apply to:

44-40     1.  Alternative livestock; or

44-41     2.  Game mammals not native to this state,

44-42  that are held in captivity for purposes other than as required by the

44-43  [Division.] Department.

 

 

45-1      Sec.  104.  NRS 504.245 is hereby amended to read as follows:

45-2      504.245  1.  Any species of wildlife, including alternative

45-3  livestock, that:

45-4      (a) Is released from confinement without the prior written

45-5  authorization of the [Division;] Department; or

45-6      (b) Escapes from the possessor’s control,

45-7  may be captured, seized or destroyed by the [Division] Department

45-8  if the [Division] Department determines that such actions are

45-9  necessary to protect wildlife and the habitat of wildlife in this state.

45-10     2.  The owner or possessor of such wildlife:

45-11     (a) Shall report its escape immediately after receiving

45-12  knowledge of the escape; and

45-13     (b) Is liable for the costs incurred by the [Division] Department

45-14  to capture, maintain and dispose of the wildlife and for any damage

45-15  caused by the wildlife.

45-16     3.  The [Division] Department is not liable for any damage to

45-17  wildlife, or caused by wildlife, in carrying out the provisions of this

45-18  section.

45-19     Sec.  105.  NRS 504.295 is hereby amended to read as follows:

45-20     504.295  1.  Except as otherwise provided in this section and

45-21  NRS 503.590, or unless otherwise specified by a regulation adopted

45-22  by the Commission, no person may:

45-23     (a) Possess any live wildlife unless he is licensed by the

45-24  [Division] Department to do so.

45-25     (b) Capture live wildlife in this state to stock a commercial or

45-26  noncommercial wildlife facility.

45-27     (c) Possess or release from confinement any mammal for the

45-28  purposes of hunting.

45-29     2.  The Commission shall adopt regulations for the possession

45-30  of live wildlife. The regulations must set forth the species of wildlife

45-31  which may be possessed and propagated, and provide for the

45-32  inspection by the [Division] Department of any related facilities.

45-33     3.  In accordance with the regulations of the Commission, the

45-34  [Division] Department may issue commercial and noncommercial

45-35  licenses for the possession of live wildlife upon receipt of the

45-36  applicable fee.

45-37     4.  The provisions of this section do not apply to alternative

45-38  livestock and products made therefrom.

45-39     Sec.  106.  NRS 504.310 is hereby amended to read as follows:

45-40     504.310  1.  Before being entitled to the benefits of any

45-41  commercial or private shooting preserve, the owner or proprietor

45-42  thereof must make application to the [Division.] Department. The

45-43  application must set forth:

45-44     (a) The name and location of the shooting preserve.

45-45     (b) A legal description of the area included in the preserve.

46-1      (c) A statement whether the preserve is to be a commercial or

46-2  private preserve.

46-3      (d) If the application is for a commercial shooting preserve, a

46-4  statement of fees that are to be collected for the privilege of

46-5  shooting on the preserve.

46-6      2.  If, after investigation, the [Division] Department is satisfied

46-7  that the tract is suitable for the purpose, and that the establishment

46-8  of such a preserve will not conflict with the public interest, the

46-9  [Division] Department may issue a commercial or private shooting

46-10  preserve license upon the payment of a license fee as provided in

46-11  NRS 502.240.

46-12     Sec.  107.  NRS 504.320 is hereby amended to read as follows:

46-13     504.320  1.  Before any shooting may be done on such

46-14  commercial or private shooting preserve, the licensee must advise

46-15  the [Division,] Department, in writing, of the number of each

46-16  species of upland game bird reared, purchased or acquired for

46-17  liberation, and request, and receive in writing, a shooting

46-18  authorization which states the number of each species which may be

46-19  taken by shooting.

46-20     2.  Birds must be at least 8 weeks of age, full winged, and in a

46-21  condition to go wild before liberation. Before release, all birds must

46-22  be banded with legbands, the specifications of which must be

46-23  determined by Commission regulation. Legbands must remain with

46-24  the birds and not be removed until the birds are utilized by the

46-25  hunter.

46-26     3.  The licensee, or with his written permit the holder thereof,

46-27  may take such upland game bird from such licensed preserve by

46-28  shooting only, from August 1 to April 30, inclusive.

46-29     4.  Permits to hunt on such licensed preserve may be used only

46-30  on the date of issuance, and the hunter must carry the permit on his

46-31  person at all times while on the area and while in possession of birds

46-32  taken on such area.

46-33     Sec.  108.  NRS 504.350 is hereby amended to read as follows:

46-34     504.350  1.  No game bird taken in accordance with the

46-35  provisions of NRS 504.300 to 504.380, inclusive, may be removed

46-36  from the licensed premises until the licensee or his agent has

46-37  attached thereto an invoice, signed by the licensee or his agent,

46-38  stating:

46-39     (a) The number of his license.

46-40     (b) The name of the shooting preserve.

46-41     (c) The date that the birds were killed.

46-42     (d) The kind and number of such birds.

46-43     (e) The name and address of the hunter killing such birds.

46-44     2.  The invoice must authorize transportation and use of the

46-45  birds.

47-1      3.  Within 1 week thereafter, the licensee or his agent shall

47-2  mail, postpaid, a duplicate of the invoice to the [Division.]

47-3  Department.

47-4      Sec.  109.  NRS 504.360 is hereby amended to read as follows:

47-5      504.360  Every licensee of a commercial or private shooting

47-6  preserve under this chapter shall keep records and make an annual

47-7  report to the [Division] Department of the number of birds released

47-8  and the number of birds killed on the preserve. The report must be

47-9  verified by the affidavit of the licensee or his agent. The record must

47-10  be continuous and kept on the premises described in the application

47-11  for license, and the licensee shall allow any person authorized to

47-12  enforce the provisions of this title to enter such premises and inspect

47-13  his operations and records at all reasonable hours.

47-14     Sec.  110.  NRS 504.390 is hereby amended to read as follows:

47-15     504.390  1.  As used in this section, unless the context requires

47-16  otherwise, “guide” means to assist another person in hunting wild

47-17  mammals or wild birds and fishing and includes the transporting of

47-18  another person or his equipment to hunting and fishing locations

47-19  within a general hunting and fishing area whether or not the guide

47-20  determines the destination or course of travel.

47-21     2.  Every person who provides guide service for compensation

47-22  or provides guide service as an incidental service to customers of

47-23  any commercial enterprise, whether a direct fee is charged for the

47-24  guide service or not, shall obtain a master guide license from the

47-25  [Division.] Department. Such a license must not be issued to any

47-26  person who has not reached 21 years of age.

47-27     3.  Each person who assists a person who is required to have a

47-28  master guide license and acts as a guide in the course of that activity

47-29  shall obtain a subguide license from the [Division.] Department.

47-30  Such a license must not be issued to any person who has not reached

47-31  18 years of age.

47-32     4.  Fees for master guide and subguide licenses must be as

47-33  provided in NRS 502.240.

47-34     5.  Any person who desires a master guide license must apply

47-35  for the license on a form prescribed and furnished by the [Division.]

47-36  Department. The application must contain the social security

47-37  number of the applicant and such other information as the

47-38  Commission may require by regulation. If that person was not

47-39  licensed as a master guide during the previous licensing year, his

47-40  application must be accompanied by a fee of $500, which is not

47-41  refundable.

47-42     6.  Any person who desires a subguide license must apply for

47-43  the license on a form prescribed and furnished by the [Division.]

47-44  Department.

48-1      7.  If the holder of a master guide license operates with pack or

48-2  riding animals, he shall also have a grazing or special use permit if

48-3  he operates in any area where such a permit is required.

48-4      8.  The holder of a master guide license shall maintain records

48-5  of the number of hunters and fishermen served, and any other

48-6  information which the [Division] Department may require

48-7  concerning fish and game taken by such persons. Such information

48-8  must be furnished to the [Division] Department on request.

48-9      9.  If any licensee under this section, or person served by a

48-10  licensee, is convicted of a violation of any provision of this title or

48-11  chapter 488 of NRS, the Commission may revoke the license of the

48-12  licensee and may refuse issuance of another license to the licensee

48-13  for a period not to exceed 5 years.

48-14     10.  The Commission may adopt regulations covering the

48-15  conduct and operation of a guide service.

48-16     11.  The [Division] Department may issue master guide and

48-17  subguide licenses to be valid only in certain districts in such a

48-18  manner as may be determined by the regulations of the Commission.

48-19     Sec.  111.  NRS 504.393 is hereby amended to read as follows:

48-20     504.393  The [Division] Department shall, upon request of the

48-21  Welfare Division of the Department of Human Resources, submit to

48-22  the Welfare Division the name, address and social security number

48-23  of each person who holds a master guide license or subguide license

48-24  and any pertinent changes in that information.

48-25     Sec.  112.  NRS 504.398 is hereby amended to read as follows:

48-26     504.398  1.  If the [Division] Department receives a copy of a

48-27  court order issued pursuant to NRS 425.540 that provides for the

48-28  suspension of all professional, occupational and recreational

48-29  licenses, certificates and permits issued to a person who is the

48-30  holder of a master guide license or subguide license, the [Division]

48-31  Department shall deem the license issued to that person to be

48-32  suspended at the end of the 30th day after the date on which the

48-33  court order was issued unless the [Division] Department receives a

48-34  letter issued to the holder of the license by the district attorney or

48-35  other public agency pursuant to NRS 425.550 stating that the holder

48-36  of the license has complied with the subpoena or warrant or has

48-37  satisfied the arrearage pursuant to NRS 425.560.

48-38     2.  The [Division] Department shall reinstate a master guide

48-39  license or subguide license that has been suspended by a district

48-40  court pursuant to NRS 425.540 if the [Division] Department

48-41  receives a letter issued by the district attorney or other public agency

48-42  pursuant to NRS 425.550 to the person whose license was

48-43  suspended stating that the person whose license was suspended has

48-44  complied with the subpoena or warrant or has satisfied the arrearage

48-45  pursuant to NRS 425.560.

49-1      Sec.  113.  NRS 505.025 is hereby amended to read as follows:

49-2      505.025  The [Division] Department shall, upon request of the

49-3  Welfare Division of the Department of Human Resources, submit to

49-4  the Welfare Division the name, address and social security number

49-5  of each person who holds a fur dealer’s license and any pertinent

49-6  changes in that information.

49-7      Sec.  114.  NRS 505.035 is hereby amended to read as follows:

49-8      505.035  1.  If the [Division] Department receives a copy of a

49-9  court order issued pursuant to NRS 425.540 that provides for the

49-10  suspension of all professional, occupational and recreational

49-11  licenses, certificates and permits issued to a person who is the

49-12  holder of a fur dealer’s license, the [Division] Department shall

49-13  deem the license issued to that person to be suspended at the end of

49-14  the 30th day after the date on which the court order was issued

49-15  unless the [Division] Department receives a letter issued to the

49-16  holder of the license by the district attorney or other public agency

49-17  pursuant to NRS 425.550 stating that the holder of the license has

49-18  complied with the subpoena or warrant or has satisfied the arrearage

49-19  pursuant to NRS 425.560.

49-20     2.  The [Division] Department shall reinstate a fur dealer’s

49-21  license that has been suspended by a district court pursuant to NRS

49-22  425.540 if the [Division] Department receives a letter issued by the

49-23  district attorney or other public agency pursuant to NRS 425.550 to

49-24  the person whose license was suspended stating that the person

49-25  whose license was suspended has complied with the subpoena or

49-26  warrant or has satisfied the arrearage pursuant to NRS 425.560.

49-27     Sec.  115.  NRS 506.020 is hereby amended to read as follows:

49-28     506.020  The [Administrator of the Division of Wildlife of the

49-29  State Department of Conservation and Natural Resources] Director

49-30  shall appoint a person to serve on the Board of Compact

49-31  Administrators as the Compact Administrator for this state as

49-32  required by section 1 of article VII of the Wildlife [Violators]

49-33  Violator Compact.

49-34     Sec.  116.  NRS 62.229 is hereby amended to read as follows:

49-35     62.229  In addition to the options set forth in NRS 62.211 and

49-36  62.213 and the requirements of NRS 62.228, if a child is adjudicated

49-37  delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040

49-38  because he handled or possessed a firearm or had a firearm under

49-39  his control in violation of NRS 202.300, the court shall order that

49-40  any license to hunt issued to the child pursuant to chapter 502 of

49-41  NRS must be revoked by the [Division of Wildlife of the State]

49-42  Department of [Conservation and Natural Resources] Wildlife and

49-43  that the child shall not receive a license to hunt within the 2 years

49-44  following the date of the order or until he is 18 years of age,

49-45  whichever is later. The judge shall require the child to surrender to

50-1  the court any license to hunt then held by the child. The court shall,

50-2  within 5 days after issuing the order, forward to the [Division]

50-3  Department of Wildlife any license to hunt surrendered by the child,

50-4  together with a copy of the order.

50-5      Sec.  117.  NRS 232.090 is hereby amended to read as follows:

50-6      232.090  1.  The Department consists of the Director and the

50-7  following divisions:

50-8      (a) The Division of Water Resources.

50-9      (b) The Division of State Lands.

50-10     (c) The Division of Forestry.

50-11     (d) The Division of State Parks.

50-12     (e) The Division of Conservation Districts.

50-13     (f) The Division of Environmental Protection.

50-14     (g) The Division of Water Planning.

50-15     (h) [The Division of Wildlife.

50-16     (i)] Such other divisions as the Director may from time to time

50-17  establish.

50-18     2.  The State Environmental Commission, the State

50-19  Conservation Commission, the Commission for the Preservation of

50-20  Wild Horses, the Nevada Natural Heritage Program and the Board

50-21  to Review Claims are within the Department.

50-22     Sec.  118.  NRS 242.131 is hereby amended to read as follows:

50-23     242.131  1.  The Department shall provide state agencies and

50-24  elected state officers with all their required design of information

50-25  systems. All agencies and officers must use those services and

50-26  equipment, except as otherwise provided in subsection 2.

50-27     2.  The following agencies may negotiate with the Department

50-28  for its services or the use of its equipment, subject to the provisions

50-29  of this chapter, and the Department shall provide those services and

50-30  the use of that equipment as may be mutually agreed:

50-31     (a) The Court Administrator;

50-32     (b) The Department of Motor Vehicles;

50-33     (c) The Department of Public Safety;

50-34     (d) The Department of Transportation;

50-35     (e) The Employment Security Division of the Department of

50-36  Employment, Training and Rehabilitation;

50-37     (f) The [Division of Wildlife of the State] Department of

50-38  [Conservation and Natural Resources;] Wildlife;

50-39     (g) The Legislative Counsel Bureau;

50-40     (h) The State Controller;

50-41     (i) The State Gaming Control Board and Nevada Gaming

50-42  Commission; and

50-43     (j) The University and Community College System of Nevada.

50-44     3.  Any state agency or elected state officer who uses the

50-45  services of the Department and desires to withdraw substantially

51-1  from that use must apply to the Director for approval. The

51-2  application must set forth justification for the withdrawal. If the

51-3  Director denies the application, the agency or officer must:

51-4      (a) If the Legislature is in regular or special session, obtain the

51-5  approval of the Legislature by concurrent resolution.

51-6      (b) If the Legislature is not in regular or special session, obtain

51-7  the approval of the Interim Finance Committee. The Director shall,

51-8  within 45 days after receipt of the application, forward the

51-9  application together with his recommendation for approval or denial

51-10  to the Interim Finance Committee. The Interim Finance Committee

51-11  has 45 days after the application and recommendation are submitted

51-12  to its Secretary within which to consider the application. Any

51-13  application which is not considered by the Committee within the

51-14  45-day period shall be deemed approved.

51-15     4.  If the demand for services or use of equipment exceeds the

51-16  capability of the Department to provide them, the Department may

51-17  contract with other agencies or independent contractors to furnish

51-18  the required services or use of equipment and is responsible for the

51-19  administration of the contracts.

51-20     Sec.  119.  NRS 321.385 is hereby amended to read as follows:

51-21     321.385  The State Land Registrar, after consultation with the

51-22  Division of Forestry of the State Department of Conservation and

51-23  Natural Resources, may:

51-24     1.  Sell timber from any land owned by the State of Nevada

51-25  which is not assigned to the [Division of Wildlife of the State]

51-26  Department of [Conservation and Natural Resources.] Wildlife.

51-27     2.  At the request of the [Administrator] Director of the

51-28  [Division of Wildlife of the State] Department of [Conservation and

51-29  Natural Resources,] Wildlife, sell timber from any land owned by

51-30  the State of Nevada which is assigned to the [Division] Department

51-31  of Wildlife. Revenues from the sale of such timber must be

51-32  deposited with the State Treasurer for credit to the Wildlife Account

51-33  in the State General Fund.

51-34     Sec.  120.  NRS 331.165 is hereby amended to read as follows:

51-35     331.165  1.  The Marlette Lake Water System Advisory

51-36  Committee is hereby created to be composed of:

51-37     (a) One member appointed by the [Administrator] Director of

51-38  the [Division of Wildlife of the State] Department of [Conservation

51-39  and Natural Resources.] Wildlife.

51-40     (b) One member appointed by the Administrator of the Division

51-41  of State Parks.

51-42     (c) Three members from the State Legislature, including at least

51-43  one member of the Senate and one member of the Assembly,

51-44  appointed by the Legislative Commission.

52-1      (d) One member from the staff of the Legislative Counsel

52-2  Bureau appointed by the Legislative Commission. The member so

52-3  appointed shall serve as a nonvoting member of the Advisory

52-4  Committee.

52-5      (e) One member appointed by the State Forester Firewarden.

52-6      (f) One member appointed by the Department of

52-7  Administration.

52-8      2.  The voting members of the Advisory Committee shall select

52-9  one of the legislative members of the Advisory Committee as

52-10  Chairman and one as Vice Chairman. After the initial selection of a

52-11  Chairman and Vice Chairman, each such officer serves a term of 2

52-12  years beginning on July 1 of each odd-numbered year. If a vacancy

52-13  occurs in the Chairmanship or Vice Chairmanship, the person

52-14  appointed to succeed that officer shall serve for the remainder of the

52-15  unexpired term.

52-16     3.  The Director of the Legislative Counsel Bureau shall

52-17  provide a Secretary for the Advisory Committee.

52-18     4.  Members of the Advisory Committee serve at the pleasure

52-19  of their respective appointing authorities.

52-20     5.  The Advisory Committee may make recommendations to

52-21  the Legislative Commission, the Interim Finance Committee, the

52-22  Department of Administration, the State Department of

52-23  Conservation and Natural Resources , and the Governor concerning

52-24  any matters relating to the Marlette Lake Water System or any part

52-25  thereof.

52-26     Sec.  121.  NRS 353.250 is hereby amended to read as follows:

52-27     353.250  1.  The State Treasurer shall designate the financial

52-28  institutions into which money received by a state officer, department

52-29  or commission must be deposited.

52-30     2.  Except as otherwise provided in subsections 3 and 4, every

52-31  state officer, department or commission which receives or which

52-32  may receive any money of the State of Nevada or for its use and

52-33  benefit shall deposit on Thursday of each week, in a financial

52-34  institution designated by the State Treasurer to the credit of the State

52-35  Treasurer’s Account, all money received by that officer, department

52-36  or commission during the previous week.

52-37     3.  Except as otherwise provided in subsection 4, if on any day

52-38  the money accumulated for deposit is $10,000 or more, a deposit

52-39  must be made not later than the next working day.

52-40     4.  If the [Division of Wildlife of the State] Department of

52-41  [Conservation and Natural Resources] Wildlife accumulates for

52-42  deposit $10,000 or more on any day, the money must be deposited

52-43  within 10 working days.

52-44     5.  Every officer, department or commission which is required

52-45  to deposit money with the State Treasurer shall comply with that

53-1  requirement by depositing the money in a financial institution

53-2  designated by the State Treasurer to the credit of the State

53-3  Treasurer’s Account.

53-4      6.  Every officer, head of any department or commissioner who

53-5  fails to comply with the provisions of this section is guilty of a

53-6  misdemeanor in office.

53-7      7.  As used in this section, “financial institution” means a bank,

53-8  savings and loan association, thrift company or credit union

53-9  regulated pursuant to title 55 or 56 of NRS.

53-10     Sec.  122.  NRS 361.055 is hereby amended to read as follows:

53-11     361.055  1.  All lands and other property owned by the State

53-12  are exempt from taxation, except real property acquired by the State

53-13  of Nevada and assigned to the [Division of Wildlife of the State]

53-14  Department of [Conservation and Natural Resources] Wildlife

53-15  which is or was subject to taxation under the provisions of this

53-16  chapter at the time of acquisition.

53-17     2.  In lieu of payment of taxes on each parcel of real property

53-18  acquired by it which is subject to assessment and taxation pursuant

53-19  to subsection 1, the [Division of Wildlife of the State] Department

53-20  of [Conservation and Natural Resources] Wildlife shall make annual

53-21  [payment] payments to the county tax receiver of the county

53-22  wherein each such parcel of real property is located of an amount

53-23  equal to the total taxes levied and assessed against each such parcel

53-24  of real property in the year in which title to it was acquired by the

53-25  State of Nevada.

53-26     3.  Such payments in lieu of taxes must be collected and

53-27  accounted for in the same manner as taxes levied and assessed

53-28  against real property pursuant to this chapter are collected and

53-29  accounted for.

53-30     4.  Money received pursuant to this section must be apportioned

53-31  each year to the counties, school districts and cities wherein each

53-32  such parcel of real property is located in the proportion that the tax

53-33  rate of each such political subdivision bears to the total combined

53-34  tax rate in effect for that year.

53-35     Sec.  123.  NRS 365.535 is hereby amended to read as follows:

53-36     365.535  1.  It is declared to be the policy of the State of

53-37  Nevada to apply the tax on motor vehicle fuel paid on fuel used in

53-38  watercraft for recreational purposes during each calendar year,

53-39  which is hereby declared to be not refundable to the consumer, for

53-40  the:

53-41     (a) Improvement of boating and the improvement, operation and

53-42  maintenance of other outdoor recreational facilities located in any

53-43  state park that includes a body of water used for recreational

53-44  purposes; and

54-1      (b) Payment of the costs incurred, in part, for the administration

54-2  and enforcement of the provisions of chapter 488 of NRS.

54-3      2.  The amount of excise taxes paid on all motor vehicle fuel

54-4  used in watercraft for recreational purposes must be determined

54-5  annually by the Department by use of the following formula:

54-6      (a) Multiplying the total boats with motors registered the

54-7  previous calendar year, pursuant to provisions of chapter 488 of

54-8  NRS, times 220.76 gallons average fuel purchased per boat;

54-9      (b) Adding 566,771 gallons of fuel purchased by out-of-state

54-10  boaters as determined through a study conducted during 1969-1970

54-11  by the Division of Agricultural and Resource Economics, Max C.

54-12  Fleischmann College of Agriculture, University of Nevada, Reno;

54-13  and

54-14     (c) Multiplying the total gallons determined by adding the total

54-15  obtained under paragraph (a) to the figure in paragraph (b) times the

54-16  rate of tax, per gallon, imposed on motor vehicle fuel used in

54-17  watercraft for recreational purposes, less the percentage of the tax

54-18  authorized to be deducted by the supplier pursuant to NRS 365.330.

54-19     3.  The [Division of Wildlife of the State] Department of

54-20  [Conservation and Natural Resources] Wildlife shall submit

54-21  annually to the Department, on or before April 1, the number of

54-22  boats with motors registered in the previous calendar year. On or

54-23  before June 1, the Department, using that data, shall compute the

54-24  amount of excise taxes paid on all motor vehicle fuel used in

54-25  watercraft for recreational purposes based on the formula set forth in

54-26  subsection 2, and shall certify the ratio for apportionment and

54-27  distribution, in writing, to the [Division of Wildlife of the State]

54-28  Department of [Conservation and Natural Resources] Wildlife and

54-29  to the Division of State Parks of the State Department of

54-30  Conservation and Natural Resources for the next fiscal year.

54-31     4.  In each fiscal year, the State Treasurer shall, upon receipt of

54-32  the tax money from the Department collected pursuant to the

54-33  provisions of NRS 365.175 to 365.190, inclusive, allocate the

54-34  amount determined pursuant to subsection 2, in proportions directed

54-35  by the Legislature, to:

54-36     (a) The Wildlife Account in the State General Fund. This money

54-37  may be expended only for the administration and enforcement of the

54-38  provisions of chapter 488 of NRS and for the improvement,

54-39  operation and maintenance of boating facilities and other outdoor

54-40  recreational facilities associated with boating. Any money received

54-41  in excess of the amount authorized by the Legislature to be

54-42  expended for such purposes must be retained in the Wildlife

54-43  Account.

54-44     (b) The Division of State Parks of the State Department of

54-45  Conservation and Natural Resources. Such money may be expended

55-1  only as authorized by the Legislature for the improvement,

55-2  operation and maintenance of boating facilities and other outdoor

55-3  recreational facilities located in any state park that includes a body

55-4  of water used for recreational purposes.

55-5      Sec.  124.  NRS 425.500 is hereby amended to read as follows:

55-6      425.500  As used in NRS 425.500 to 425.560, inclusive, unless

55-7  the context otherwise requires, “agency that issues a professional,

55-8  occupational or recreational license, certificate or permit” means the

55-9  [Division of Wildlife of the State] Department of [Conservation and

55-10  Natural Resources] Wildlife and any officer, agency, board or

55-11  commission of this state which is prohibited by specific statute from

55-12  issuing or renewing a license, certificate or permit unless the

55-13  applicant for the issuance or renewal of that license, certificate or

55-14  permit submits to the officer, agency, board or commission the

55-15  statement prescribed by the [Welfare] Division pursuant to

55-16  NRS 425.520.

55-17     Sec.  125.  NRS 425.520 is hereby amended to read as follows:

55-18     425.520  1.  The [Welfare] Division shall prescribe, by

55-19  regulation, a statement which must be submitted to an agency that

55-20  issues a professional, occupational or recreational license, certificate

55-21  or permit, other than the [Division of Wildlife of the State]

55-22  Department of [Conservation and Natural Resources,] Wildlife, by

55-23  an applicant for the issuance or renewal of such a license, certificate

55-24  or permit.

55-25     2.  The statement prescribed pursuant to subsection 1 must:

55-26     (a) Provide the applicant with an opportunity to indicate that:

55-27         (1) He is not subject to a court order for the support of a

55-28  child;

55-29         (2) He is subject to a court order for the support of one or

55-30  more children and is in compliance with the order or is in

55-31  compliance with a plan approved by the district attorney or other

55-32  public agency enforcing the order for the repayment of the amount

55-33  owed pursuant to the order; or

55-34         (3) He is subject to a court order for the support of one or

55-35  more children and is not in compliance with the order or a plan

55-36  approved by the district attorney or other public agency enforcing

55-37  the order for the repayment of the amount owed pursuant to the

55-38  order;

55-39     (b) Include a statement that the application for the issuance or

55-40  renewal of the license, certificate or permit will be denied if the

55-41  applicant does not indicate on the statement which of the provisions

55-42  of paragraph (a) applies to the applicant; and

55-43     (c) Include a space for the signature of the applicant.

 

 

56-1      Sec.  126.  NRS 425.540 is hereby amended to read as follows:

56-2      425.540  1.  If a master enters a recommendation determining

56-3  that a person:

56-4      (a) Has failed to comply with a subpoena or warrant relating to a

56-5  proceeding to determine the paternity of a child or to establish or

56-6  enforce an obligation for the support of a child; or

56-7      (b) Is in arrears in the payment for the support of one or more

56-8  children,

56-9  and the district court issues an order approving the recommendation

56-10  of the master, the court shall provide a copy of the order to all

56-11  agencies that issue professional, occupational or recreational

56-12  licenses, certificates or permits.

56-13     2.  A court order issued pursuant to subsection 1 must provide

56-14  that if the person named in the order does not, within 30 days after

56-15  the date on which the order is issued, submit to any agency that has

56-16  issued a professional, occupational or recreational license, certificate

56-17  or permit to that person a letter from the district attorney or other

56-18  public agency stating that the person has complied with the

56-19  subpoena or warrant or has satisfied the arrearage pursuant to NRS

56-20  425.560, the professional, occupational or recreational licenses

56-21  issued to the person by that agency will be automatically suspended.

56-22  Such an order must not apply to a license, certificate or permit

56-23  issued by the [Division of Wildlife of the State] Department of

56-24  [Conservation and Natural Resources] Wildlife or the State Land

56-25  Registrar if that license, certificate or permit expires less than 6

56-26  months after it is issued.

56-27     3.  If a court issues an order pursuant to subsection 1, the

56-28  district attorney or other public agency shall send a notice by first-

56-29  class mail to the person who is subject to the order. The notice must

56-30  include:

56-31     (a) If the person has failed to comply with a subpoena or

56-32  warrant, a copy of the court order and a copy of the subpoena or

56-33  warrant; or

56-34     (b) If the person is in arrears in the payment for the support of

56-35  one or more children:

56-36         (1) A copy of the court order;

56-37         (2) A statement of the amount of the arrearage; and

56-38         (3) A statement of the action that the person may take to

56-39  satisfy the arrearage pursuant to NRS 425.560.

56-40     Sec.  127.  NRS 432B.610 is hereby amended to read as

56-41  follows:

56-42     432B.610  1.  The Peace Officers’ Standards and Training

56-43  Commission shall:

56-44     (a) Require each category I peace officer to complete a program

56-45  of training for the detection and investigation of and response to

57-1  cases of sexual abuse or sexual exploitation of children under the

57-2  age of 18 years.

57-3      (b) Not certify any person as a category I peace officer unless he

57-4  has completed the program of training required pursuant to

57-5  paragraph (a).

57-6      (c) Establish a program to provide the training required pursuant

57-7  to paragraph (a).

57-8      (d) Adopt regulations necessary to carry out the provisions of

57-9  this section.

57-10     2.  As used in this section, “category I peace officer” means:

57-11     (a) Sheriffs of counties and of metropolitan police departments,

57-12  their deputies and correctional officers;

57-13     (b) Personnel of the Nevada Highway Patrol appointed to

57-14  exercise the police powers specified in NRS 480.330 and 480.360;

57-15     (c) Marshals, policemen and correctional officers of cities and

57-16  towns;

57-17     (d) Members of the Police Department of the University and

57-18  Community College System of Nevada;

57-19     (e) Employees of the Division of State Parks of the State

57-20  Department of Conservation and Natural Resources designated by

57-21  the Administrator of the Division who exercise police powers

57-22  specified in NRS 289.260;

57-23     (f) The Chief, investigators and agents of the Investigation

57-24  Division of the Department of Public Safety; and

57-25     (g) The personnel of the [Division of Wildlife of the State]

57-26  Department of [Conservation and Natural Resources] Wildlife who

57-27  exercise those powers of enforcement conferred by title 45 and

57-28  chapter 488 of NRS.

57-29     Sec.  128.  NRS 445A.615 is hereby amended to read as

57-30  follows:

57-31     445A.615  1.  The Director may [authorize the Division of

57-32  Wildlife of] issue a permit to the Department of Wildlife to kill fish

57-33  through the use of toxicants.

57-34     2.  The [Director shall] permit must indicate the terms and

57-35  conditions under which the use of toxicants may take place.

57-36     Sec.  129.  NRS 445B.200 is hereby amended to read as

57-37  follows:

57-38     445B.200  1.  The State Environmental Commission is hereby

57-39  created within the State Department of Conservation and Natural

57-40  Resources. The Commission consists of:

57-41     (a) The [Administrator of the Division of Wildlife] Director of

57-42  the Department[;] of Wildlife;

57-43     (b) The State Forester Firewarden;

57-44     (c) The State Engineer;

57-45     (d) The Director of the State Department of Agriculture;

58-1      (e) The Administrator of the Division of Minerals of the

58-2  Commission on Mineral Resources;

58-3      (f) A member of the State Board of Health to be designated by

58-4  that Board; and

58-5      (g) Five members appointed by the Governor, one of whom is a

58-6  general engineering contractor or a general building contractor

58-7  licensed pursuant to chapter 624 of NRS and one of whom

58-8  possesses expertise in performing mining reclamation.

58-9      2.  The Governor shall appoint the Chairman of the

58-10  Commission from among the members of the Commission.

58-11     3.  A majority of the members constitutes a quorum, and a

58-12  majority of those present must concur in any decision.

58-13     4.  Each member who is appointed by the Governor is entitled

58-14  to receive a salary of not more than $80, as fixed by the

58-15  Commission, for each day’s attendance at a meeting of the

58-16  Commission.

58-17     5.  While engaged in the business of the Commission, each

58-18  member and employee of the Commission is entitled to receive the

58-19  per diem allowance and travel expenses provided for state officers

58-20  and employees generally.

58-21     6.  Any person who receives or has received during the

58-22  previous 2 years a significant portion of his income, as defined by

58-23  any applicable state or federal law, directly or indirectly from one or

58-24  more holders of or applicants for a permit required by NRS

58-25  445A.300 to 445A.730, inclusive, is disqualified from serving as a

58-26  member of the Commission. The provisions of this subsection do

58-27  not apply to any person who receives or has received during the

58-28  previous 2 years, a significant portion of his income from any

58-29  department or agency of state government which is a holder of or an

58-30  applicant for a permit required by NRS 445A.300 to 445A.730,

58-31  inclusive.

58-32     7.  The State Department of Conservation and Natural

58-33  Resources shall provide technical advice, support and assistance to

58-34  the Commission. All state officers, departments, commissions and

58-35  agencies, including the Department of Transportation, the

58-36  Department of Human Resources, the University and Community

58-37  College System of Nevada, the State Public Works Board, the

58-38  Department of Motor Vehicles, the Department of Public Safety, the

58-39  Public Utilities Commission of Nevada, the Transportation Services

58-40  Authority and the State Department of Agriculture may also provide

58-41  technical advice, support and assistance to the Commission.

58-42     Sec.  130.  NRS 482.368 is hereby amended to read as follows:

58-43     482.368  1.  Except as otherwise provided in subsection 2, the

58-44  Department shall provide suitable distinguishing license plates for

58-45  exempt vehicles. These plates must be displayed on the vehicles in

59-1  the same manner as provided for privately owned vehicles. The fee

59-2  for the issuance of the plates is $5. Any license plates authorized by

59-3  this section must be immediately returned to the Department when

59-4  the vehicle for which they were issued ceases to be used exclusively

59-5  for the purpose for which it was exempted from the governmental

59-6  services tax.

59-7      2.  License plates furnished for:

59-8      (a) Those vehicles which are maintained for and used by the

59-9  Governor or under the authority and direction of the Chief Parole

59-10  and Probation Officer, the State Contractors’ Board and auditors, the

59-11  State Fire Marshal, the Investigation Division of the Department of

59-12  Public Safety and any authorized federal law enforcement agency or

59-13  law enforcement agency from another state;

59-14     (b) One vehicle used by the Department of Corrections, three

59-15  vehicles used by the [Division of Wildlife of the State] Department

59-16  of [Conservation and Natural Resources,] Wildlife, two vehicles

59-17  used by the Caliente Youth Center and four vehicles used by the

59-18  Nevada Youth Training Center;

59-19     (c) Vehicles of a city, county or the State, if authorized by the

59-20  Department for the purposes of law enforcement or work related

59-21  thereto or such other purposes as are approved upon proper

59-22  application and justification; and

59-23     (d) Vehicles maintained for and used by investigators of the

59-24  following:

59-25         (1) The State Gaming Control Board;

59-26         (2) The State Department of Agriculture;

59-27         (3) The Attorney General;

59-28         (4) City or county juvenile officers;

59-29         (5) District attorneys’ offices;

59-30         (6) Public administrators’ offices;

59-31         (7) Public guardians’ offices;

59-32         (8) Sheriffs’ offices;

59-33         (9) Police departments in the State; and

59-34         (10) The Securities Division of the Office of the Secretary of

59-35  State,

59-36  must not bear any distinguishing mark which would serve to

59-37  identify the vehicles as owned by the State, county or city. These

59-38  license plates must be issued annually for $12 per plate or, if issued

59-39  in sets, per set.

59-40     3.  The Director may enter into agreements with departments of

59-41  motor vehicles of other states providing for exchanges of license

59-42  plates of regular series for vehicles maintained for and used by

59-43  investigators of the law enforcement agencies enumerated in

59-44  paragraph (d) of subsection 2, subject to all of the requirements

60-1  imposed by that paragraph, except that the fee required by that

60-2  paragraph must not be charged.

60-3      4.  Applications for the licenses must be made through the head

60-4  of the department, board, bureau, commission, school district or

60-5  irrigation district, or through the chairman of the board of county

60-6  commissioners of the county or town or through the mayor of the

60-7  city, owning or controlling the vehicles, and no plate or plates may

60-8  be issued until a certificate has been filed with the Department

60-9  showing that the name of the department, board, bureau,

60-10  commission, county, city, town, school district or irrigation district,

60-11  as the case may be, and the words “For Official Use Only” have

60-12  been permanently and legibly affixed to each side of the vehicle,

60-13  except those vehicles enumerated in subsection 2.

60-14     5.  As used in this section, “exempt vehicle” means a vehicle

60-15  exempt from the governmental services tax, except a vehicle owned

60-16  by the United States.

60-17     6.  The Department shall adopt regulations governing the use of

60-18  all license plates provided for in this section. Upon a finding by the

60-19  Department of any violation of its regulations, it may revoke the

60-20  violator’s privilege of registering vehicles pursuant to this section.

60-21     Sec.  131.  NRS 488.035 is hereby amended to read as follows:

60-22     488.035  As used in this chapter, unless the context otherwise

60-23  requires:

60-24     1.  “Commission” means the Board of Wildlife Commissioners.

60-25     2.  “Department” means the Department of Wildlife.

60-26     3.  “Flat wake” means the condition of the water close astern a

60-27  moving vessel that results in a flat wave disturbance.

60-28     [3.] 4.  “Interstate waters of this state” means waters forming

60-29  the boundary between the State of Nevada and an adjoining state.

60-30     5.  “Legal owner” means a secured party under a security

60-31  agreement relating to a vessel or a renter or lessor of a vessel to the

60-32  State or any political subdivision of the State under a lease or an

60-33  agreement to lease and sell or to rent and purchase which grants

60-34  possession of the vessel to the lessee for a period of 30 consecutive

60-35  days or more.

60-36     [4.] 6.  “Motorboat” means any vessel propelled by machinery,

60-37  whether or not the machinery is the principal source of propulsion.

60-38     [5.] 7.  “Operate” means to navigate or otherwise use a

60-39  motorboat or a vessel.

60-40     [6.] 8.  “Owner” means:

60-41     (a) A person having all the incidents of ownership, including the

60-42  legal title of a vessel, whether or not he lends, rents or pledges the

60-43  vessel; and

60-44     (b) A debtor under a security agreement relating to a

60-45  vessel.

61-1  “Owner” does not include a person defined as a “legal owner” under

61-2  subsection [3.] 4.

61-3      [7.] 9.  “Prohibited substance” has the meaning ascribed to it in

61-4  NRS 484.1245.

61-5      [8.] 10.  “Registered owner” means the person registered by the

61-6  Commission as the owner of a vessel.

61-7      [9.] 11.  A vessel is “under way” if it is adrift, making way[,]

61-8  or being propelled, and is not aground, made fast to the shore, or

61-9  tied or made fast to a dock or mooring.

61-10     [10.] 12.  “Vessel” means every description of watercraft, other

61-11  than a seaplane on the water, used or capable of being used as a

61-12  means of transportation on water.

61-13     [11.] 13.  “Waters of this state” means any waters within the

61-14  territorial limits of this state.

61-15     Sec.  132.  NRS 488.065 is hereby amended to read as follows:

61-16     488.065  1.  Every motorboat on the waters of this state must

61-17  be numbered and titled, except as otherwise provided in subsection

61-18  4 and NRS 488.175.

61-19     2.  Upon receipt of an original application for a certificate of

61-20  ownership or for transfer of a certificate of ownership on an

61-21  undocumented motorboat, the [Division of Wildlife of the State

61-22  Department of Conservation and Natural Resources] Department

61-23  may assign an appropriate builder’s hull number to the motorboat

61-24  whenever there is no builder’s number thereon, or when the

61-25  builder’s number has been destroyed or obliterated. The builder’s

61-26  number must be permanently marked on an integral part of the hull

61-27  which is accessible for inspection.

61-28     3.  A person shall not operate or give permission for the

61-29  operation of any motorboat on the waters of this state unless:

61-30     (a) The motorboat is numbered in accordance with the

61-31  provisions of this chapter, with applicable federal law or with the

61-32  federally approved numbering system of another state;

61-33     (b) The certificate of number awarded to the motorboat is in

61-34  effect;

61-35     (c) The identifying number set forth in the certificate of number

61-36  is displayed on each side of the bow of the motorboat; and

61-37     (d) A valid certificate of ownership has been issued to the owner

61-38  of any motorboat required to be numbered under this chapter.

61-39     4.  Any person who purchases or otherwise owns a motorboat

61-40  before January 1, 1972, is not required to obtain title for the

61-41  motorboat until he transfers any portion of his ownership in the

61-42  motorboat to another person.

61-43     Sec.  133.  NRS 488.075 is hereby amended to read as follows:

61-44     488.075  1.  The owner of each motorboat requiring

61-45  numbering by this state shall file an application for a number and for

62-1  a certificate of ownership with the [Division of Wildlife of the State

62-2  Department of Conservation and Natural Resources] Department on

62-3  forms approved by it accompanied by:

62-4      (a) Proof of payment of Nevada sales or use tax as evidenced by

62-5  proof of sale by a Nevada dealer or by a certificate of use tax paid

62-6  issued by the Department of Taxation, or by proof of exemption

62-7  from those taxes as provided in NRS 372.320.

62-8      (b) Such evidence of ownership as the [Division of Wildlife]

62-9  Department may require.

62-10  The [Division of Wildlife] Department shall not issue a number, a

62-11  certificate of number or a certificate of ownership until this evidence

62-12  is presented to it.

62-13     2.  The application must be signed by the owner of the

62-14  motorboat and must be accompanied by a fee of $15 for the

62-15  certificate of ownership and a fee according to the following

62-16  schedule as determined by the straight line length which is measured

62-17  from the tip of the bow to the back of the transom of the motorboat:

 

62-18  Less than 13 feet................................. $10

62-19  13 feet or more but less than 18 feet... 15

62-20  18 feet or more but less than 22 feet... 30

62-21  22 feet or more but less than 26 feet... 45

62-22  26 feet or more but less than 31 feet... 60

62-23  31 feet or more .................................... 75

 

62-24  Except as otherwise provided in this subsection, all fees received by

62-25  the [Division of Wildlife] Department under the provisions of this

62-26  chapter must be deposited in the Wildlife Account in the State

62-27  General Fund and may be expended only for the administration and

62-28  enforcement of the provisions of this chapter. On or before

62-29  December 31 of each year, the [Division of Wildlife] Department

62-30  shall deposit with the respective county school districts 50 percent

62-31  of each fee collected according to the motorboat’s length for every

62-32  motorboat registered from their respective counties. Upon receipt of

62-33  the application in approved form, the [Division of Wildlife]

62-34  Department shall enter the application upon the records of its office

62-35  and issue to the applicant a certificate of number stating the number

62-36  awarded to the motorboat, a certificate of ownership stating the

62-37  same information and the name and address of the registered owner

62-38  and the legal owner.

62-39     3.  A certificate of number may be renewed each year by the

62-40  purchase of a validation decal. The fee for a validation decal is

62-41  determined by the straight line length of the motorboat and is

62-42  equivalent to the fee set forth in the schedule provided in subsection

62-43  2. The fee for issuing a duplicate validation decal is $10.

63-1      4.  The owner shall paint on or attach to each side of the bow of

63-2  the motorboat the identification number in such manner as may be

63-3  prescribed by regulations of the Commission in order that the

63-4  number may be clearly visible. The number must be maintained in

63-5  legible condition.

63-6      5.  The certificate of number must be pocket size and must be

63-7  available at all times for inspection on the motorboat for which

63-8  issued, whenever the motorboat is in operation.

63-9      6.  The Commission shall provide by regulation for the issuance

63-10  of numbers to manufacturers and dealers which may be used

63-11  interchangeably upon motorboats operated by the manufacturers and

63-12  dealers in connection with the demonstration, sale or exchange of

63-13  those motorboats. The fee for each such number is $15.

63-14     Sec.  134.  NRS 488.078 is hereby amended to read as follows:

63-15     488.078  The [Division of Wildlife of the State Department of

63-16  Conservation and Natural Resources] Department shall, upon

63-17  request of the Welfare Division of the Department of Human

63-18  Resources, submit to the Welfare Division the name, address and

63-19  social security number of each person who has been issued a

63-20  certificate of number or a validation decal and any pertinent changes

63-21  in that information.

63-22     Sec.  135.  NRS 488.105 is hereby amended to read as follows:

63-23     488.105  If an agency of the United States Government has in

63-24  force an overall system of identification numbering for motorboats

63-25  within the United States, the numbering system employed pursuant

63-26  to the provisions of this chapter by the [Division of Wildlife of the

63-27  State Department of Conservation and Natural Resources]

63-28  Department must be in conformity therewith.

63-29     Sec.  136.  NRS 488.115 is hereby amended to read as follows:

63-30     488.115  1.  The [Division of Wildlife of the State Department

63-31  of Conservation and Natural Resources] Department may award

63-32  any certificate of number directly or may authorize any person to act

63-33  as an agent for the awarding thereof. If a person accepts the

63-34  authorization, he may be assigned a block of numbers and

63-35  certificates therefor which upon award, in conformity with the

63-36  provisions of this chapter and with any regulations of the

63-37  Commission, is valid as if awarded directly by the [Division of

63-38  Wildlife.] Department. At the time an agent forwards the money

63-39  collected to the [Division of Wildlife] Department he may retain 50

63-40  cents per certificate of number.

63-41     2.  All records of the [Division of Wildlife] Department made

63-42  or kept pursuant to this section are public records.

63-43     Sec.  137.  NRS 488.135 is hereby amended to read as follows:

63-44     488.135  The [Division of Wildlife of the State Department of

63-45  Conservation and Natural Resources] Department shall fix a day

64-1  and month of the year on which certificates of number due to expire

64-2  during the calendar year lapse unless renewed pursuant to the

64-3  provisions of this chapter.

64-4      Sec.  138.  NRS 488.145 is hereby amended to read as follows:

64-5      488.145  1.  The owner shall furnish the [Division of Wildlife

64-6  of the State Department of Conservation and Natural Resources]

64-7  Department notice of the destruction or abandonment of any

64-8  motorboat numbered under this chapter, within 10 days thereof.

64-9      2.  Such destruction or abandonment terminates the certificate

64-10  of number for the motorboat.

64-11     Sec.  139.  NRS 488.155 is hereby amended to read as follows:

64-12     488.155  1.  Any holder of a certificate of number and a

64-13  certificate of ownership shall notify the [Division of Wildlife of the

64-14  State Department of Conservation and Natural Resources]

64-15  Department, within 10 days, if his address no longer conforms to

64-16  the address appearing on the certificates and shall, as a part of the

64-17  notification, furnish the [Division of Wildlife] Department with his

64-18  new address.

64-19     2.  The Commission may provide in its regulations for the

64-20  surrender of the certificates bearing the former address and its

64-21  replacement with new certificates bearing the new address or for the

64-22  alteration of outstanding certificates to show the new address of the

64-23  holder.

64-24     Sec.  140.  NRS 488.171 is hereby amended to read as follows:

64-25     488.171  1.  A person shall not:

64-26     (a) Intentionally deface, destroy, remove or alter any hull

64-27  number required for a vessel without written authorization from the

64-28  [Division of Wildlife of the State Department of Conservation and

64-29  Natural Resources;] Department; or

64-30     (b) Place or stamp any serial number upon a vessel except a

64-31  number assigned to the vessel by the [Division of Wildlife.]

64-32  Department.

64-33     2.  This section does not prohibit:

64-34     (a) The restoration of the original hull number by an owner of a

64-35  vessel when the restoration is authorized by the [Division of

64-36  Wildlife;] Department; or

64-37     (b) Any manufacturer from placing numbers or marks in the

64-38  ordinary course of business upon new vessels or parts of vessels.

64-39     3.  The [Division of Wildlife] Department shall, upon request,

64-40  assign a hull number to any handmade vessel.

64-41     4.  Any person who violates subsection 1 is guilty of a gross

64-42  misdemeanor.

 

 

 

65-1      Sec.  141.  NRS 488.175 is hereby amended to read as follows:

65-2      488.175  1.  Except as otherwise provided in subsection 2, a

65-3  motorboat need not be numbered pursuant to the provisions of this

65-4  chapter if it is:

65-5      (a) Already covered by a number in effect which has been

65-6  awarded or issued to it pursuant to federal law or a federally

65-7  approved numbering system of another state if the boat has not been

65-8  on the waters of this state for a period in excess of 90 consecutive

65-9  days.

65-10     (b) A motorboat from a country other than the United States

65-11  temporarily using the waters of this state.

65-12     (c) A public vessel of the United States, a state or a political

65-13  subdivision of a state.

65-14     (d) A ship’s lifeboat.

65-15     (e) A motorboat belonging to a class of boats which has been

65-16  exempted from numbering by the [Division of Wildlife of the State

65-17  Department of Conservation and Natural Resources] Department

65-18  after the [Division] Department has found:

65-19         (1) That the numbering of motorboats of that class will not

65-20  materially aid in their identification; and

65-21         (2) If an agency of the Federal Government has a numbering

65-22  system applicable to the class of motorboats to which the motorboat

65-23  in question belongs, that the motorboat would also be exempt from

65-24  numbering if it were subject to the federal law.

65-25     2.  The [Division of Wildlife] Department may, by regulation,

65-26  provide for the issuance of exempt numbers for motorboats not

65-27  required to be registered under the provisions of this chapter.

65-28     3.  A motorboat need not be titled pursuant to the provisions of

65-29  this chapter, if it is already covered by a certificate of ownership

65-30  which has been awarded or issued to it pursuant to the title system

65-31  of another state.

65-32     Sec.  142.  NRS 488.1793 is hereby amended to read as

65-33  follows:

65-34     488.1793  Except as otherwise provided for the creation or

65-35  transfer of a security interest, no transfer of title to or any interest in

65-36  any motorboat required to be numbered under this chapter is

65-37  effective until one of the following conditions is fulfilled:

65-38     1.  The transferor has properly endorsed and delivered the

65-39  certificate of ownership and has delivered the certificate of number

65-40  to the transferee as provided in this chapter, and the transferee has,

65-41  within the prescribed time, delivered the documents to the [Division

65-42  of Wildlife of the State Department of Conservation and Natural

65-43  Resources] Department or placed them in the United States mail

65-44  addressed to the [Division of Wildlife] Department with the transfer

65-45  fee.

66-1      2.  The transferor has delivered to the [Division of Wildlife]

66-2  Department or placed in the United States mail addressed to the

66-3  [Division of Wildlife] Department the appropriate documents for

66-4  the transfer of ownership pursuant to the sale or transfer.

66-5      Sec.  143.  NRS 488.1795 is hereby amended to read as

66-6  follows:

66-7      488.1795  Upon receipt of a properly endorsed certificate of

66-8  ownership and the certificate of number of any motorboat, the

66-9  transferee shall within 10 days file the certificates , accompanied by

66-10  a fee of $5 , with the [Division of Wildlife of the State Department

66-11  of Conservation and Natural Resources] Department and thereby

66-12  make application for a new certificate of ownership and a new

66-13  certificate of number.

66-14     Sec.  144.  NRS 488.1797 is hereby amended to read as

66-15  follows:

66-16     488.1797  1.  Before the issuance of any certificate of

66-17  ownership, the [Division of Wildlife of the State Department of

66-18  Conservation and Natural Resources] Department shall obtain a

66-19  statement in writing signed by the transferee or transferor, showing:

66-20     (a) The date of the sale or other transfer of ownership of the

66-21  motorboat.

66-22     (b) The name and address of the seller or transferor.

66-23     (c) The name and address of the buyer or transferee.

66-24     2.  Upon receipt of the properly endorsed certificate of

66-25  ownership, the certificate of number , and the required fee and

66-26  statement of information, the [Division of Wildlife] Department

66-27  shall issue a new certificate of ownership and a new certificate of

66-28  number to the transferee. The previous number may be reassigned to

66-29  the transferee.

66-30     Sec.  145.  NRS 488.1801 is hereby amended to read as

66-31  follows:

66-32     488.1801  Any owner of any motorboat numbered under this

66-33  chapter who sells or transfers his title or any interest in the

66-34  motorboat shall within 10 days notify the [Division of Wildlife of

66-35  the State Department of Conservation and Natural Resources]

66-36  Department of the sale or transfer and furnish the following

66-37  information:

66-38     1.  The name and address of the legal owner and transferee; and

66-39     2.  Such description of the motorboat as may be required by the

66-40  [Division of Wildlife.] Department.

66-41     Sec.  146.  NRS 488.1803 is hereby amended to read as

66-42  follows:

66-43     488.1803  Any dealer upon transferring by sale, lease or

66-44  otherwise any motorboat, whether new or used, required to be

66-45  numbered under this chapter, shall give written notice of the transfer

67-1  to the [Division of Wildlife of the State Department of Conservation

67-2  and Natural Resources] Department upon an appropriate form

67-3  provided by it. The notice must be given within 3 days after the sale,

67-4  but a dealer need not give the notice when selling or transferring a

67-5  new unnumbered motorboat to another dealer.

67-6      Sec.  147.  NRS 488.1813 is hereby amended to read as

67-7  follows:

67-8      488.1813  1.  If a certificate of ownership is lost, stolen,

67-9  damaged or mutilated, an application for transfer may be made upon

67-10  a form provided by the [Division of Wildlife of the State

67-11  Department of Conservation and Natural Resources] Department

67-12  for a duplicate certificate of ownership. The transferor shall write

67-13  his signature and address in the appropriate spaces provided upon

67-14  the application and file it together with the proper fees for a

67-15  duplicate certificate of ownership and transfer.

67-16     2.  The [Division of Wildlife] Department may receive the

67-17  application and examine into the circumstances of the case and may

67-18  require the filing of affidavits or other information, and when the

67-19  [Division of Wildlife] Department is satisfied that the applicant is

67-20  entitled to a transfer of ownership, it may transfer the ownership of

67-21  the motorboat, and issue a new certificate of ownership[,] and

67-22  certificate of number to the person found to be entitled thereto.

67-23     Sec.  148.  NRS 488.1823 is hereby amended to read as

67-24  follows:

67-25     488.1823  1.  No security interest in any motorboat required to

67-26  be numbered under this chapter, whether the number was awarded

67-27  before or after the creation of the security interest, is perfected until

67-28  the secured party or his successor or assignee has deposited with the

67-29  [Division of Wildlife of the State Department of Conservation and

67-30  Natural Resources] Department a properly endorsed certificate of

67-31  ownership to the motorboat subject to the security interest.

67-32     2.  The certificate must show the secured party as legal owner if

67-33  the motorboat is then numbered under this chapter, or if not so

67-34  numbered, the registered owner shall file an initial application for a

67-35  certificate of number and for a certificate of ownership and the

67-36  certificate of ownership issued thereunder must contain the name

67-37  and address of the legal owner.

67-38     3.  Upon compliance with subsections 1 and 2, the security

67-39  interest is perfected and the records of the [Division of Wildlife]

67-40  Department must show the secured party or his successor or

67-41  assignee as the legal owner of the motorboat.

67-42     Sec.  149.  NRS 488.1826 is hereby amended to read as

67-43  follows:

67-44     488.1826  1.  If the [Division of Wildlife of the State

67-45  Department of Conservation and Natural Resources] Department

68-1  receives a copy of a court order issued pursuant to NRS 425.540 that

68-2  provides for the suspension of all professional, occupational and

68-3  recreational licenses, certificates and permits issued to a person who

68-4  has been issued a certificate of number or a validation decal, the

68-5  [Division of Wildlife] Department shall deem the certificate of

68-6  number or validation decal issued to that person to be suspended at

68-7  the end of the 30th day after the date on which the court order was

68-8  issued unless the [Division of Wildlife] Department receives a letter

68-9  issued by the district attorney or other public agency pursuant to

68-10  NRS 425.550 to the person who has been issued the certificate of

68-11  number or validation decal stating that the person has complied with

68-12  the subpoena or warrant or has satisfied the arrearage pursuant to

68-13  NRS 425.560.

68-14     2.  The [Division of Wildlife] Department shall reinstate a

68-15  certificate of number or validation decal that has been suspended by

68-16  a district court pursuant to NRS 425.540 if the [Division of

68-17  Wildlife] Department receives a letter issued by the district attorney

68-18  or other public agency pursuant to NRS 425.550 to the person

68-19  whose certificate of number or validation decal was suspended

68-20  stating that the person whose certificate of number or validation

68-21  decal was suspended has complied with the subpoena or warrant or

68-22  has satisfied the arrearage pursuant to NRS 425.560.

68-23     Sec.  150.  NRS 488.1827 is hereby amended to read as

68-24  follows:

68-25     488.1827  The [Division of Wildlife of the State Department of

68-26  Conservation and Natural Resources] Department may suspend or

68-27  revoke any certificate of ownership, certificate of number or number

68-28  of any motorboat if it is satisfied that any such certificate or number

68-29  was fraudulently obtained, or that the appropriate fee was not paid.

68-30     Sec.  151.  NRS 488.195 is hereby amended to read as follows:

68-31     488.195  1.  The exhaust of every internal combustion engine

68-32  used on any motorboat must be effectively muffled by equipment so

68-33  constructed and used as to muffle the noise of the exhaust in a

68-34  reasonable manner.

68-35     2.  The use of cutouts is prohibited.

68-36     3.  Subsections 1 and 2 do not apply to:

68-37     (a) Motorboats competing in a regatta or boat race approved as

68-38  provided in NRS 488.305;

68-39     (b) Such motorboats while on trial runs between the hours of 9

68-40  a.m. and 5 p.m. and during a period not to exceed 48 hours

68-41  immediately preceding the regatta or boat race;

68-42     (c) Such motorboats while competing in official trials for speed

68-43  records during a period not to exceed 48 hours immediately

68-44  following the regatta or boat race; or

69-1      (d) Any motorboat operating under a separate permit issued by

69-2  the [Division of Wildlife of the State Department of Conservation

69-3  and Natural Resources] Department for tuning engines, making test

69-4  or trial runs or competing in official trials for speed records other

69-5  than in connection with regattas or boat races.

69-6      4.  The [Division of Wildlife] Department shall issue permits

69-7  for the purposes enumerated in paragraph (a) of subsection 3, under

69-8  such conditions and restrictions as the Commission determines

69-9  necessary to prevent a public nuisance and to assure the public

69-10  safety. The Commission may adopt regulations to carry out the

69-11  provisions of this subsection.

69-12     Sec.  152.  NRS 488.197 is hereby amended to read as follows:

69-13     488.197  1.  No vessel may be equipped with nor shall any

69-14  person use or install upon a vessel a siren, except as otherwise

69-15  provided in this chapter.

69-16     2.  Any authorized emergency vessel, when approved by the

69-17  [Division of Wildlife of the State Department of Conservation and

69-18  Natural Resources,] Department, may be equipped with a siren

69-19  capable of sound audible under normal conditions from a distance of

69-20  not less than 500 feet, but the siren must not be used except if the

69-21  vessel is operated in response to an emergency call or in the

69-22  immediate pursuit of an actual or suspected violator of the law, in

69-23  which event the operator of the vessel shall sound the siren when

69-24  necessary to warn persons of the approach thereof.

69-25     Sec.  153.  NRS 488.259 is hereby amended to read as follows:

69-26     488.259  1.  Except as otherwise provided in NRS 488.263, a

69-27  person shall not place any mooring buoy in any waters of this state,

69-28  other than the Lake Mead National Recreation Area, without a

69-29  permit issued by:

69-30     (a) The Division of State Lands, if the mooring buoy is to be

69-31  placed in navigable waters.

69-32     (b) The [Division of Wildlife of the State Department of

69-33  Conservation and Natural Resources,] Department, if the mooring

69-34  buoy is to be placed in any other waters.

69-35     2.  The Division of State Lands shall transmit a copy of each

69-36  application for a permit for the placement of a mooring buoy in the

69-37  navigable waters of this state to the [Division of Wildlife]

69-38  Department as soon as practicable after receipt.

69-39     3.  Upon receipt of such a copy, the [Division of Wildlife]

69-40  Department shall review the application to determine whether the

69-41  placement of the buoy is in the best interests of the State. To

69-42  determine whether the placement of a mooring buoy is in the best

69-43  interests of the State, the [Division of Wildlife] Department may

69-44  consider the likelihood that the buoy will:

69-45     (a) Interfere with navigation.

70-1      (b) Become a hazard to persons or wildlife.

70-2      (c) Have any other detrimental effect on the body of water in

70-3  which it is placed.

70-4      4.  If the [Division of Wildlife] Department determines that the

70-5  permit should be denied, [it] the Department shall submit such a

70-6  recommendation to the Division of State Lands and provide a brief

70-7  summary of the reason for the recommendation within 30 days after

70-8  the date on which the application was transmitted.

70-9      5.  If the Division of State Lands does not receive a

70-10  recommendation for the denial of the permit from the [Division of

70-11  Wildlife] Department within the 30-day period provided in

70-12  subsection 4, the application shall be deemed to be approved by the

70-13  [Division of Wildlife.] Department.

70-14     Sec.  154.  NRS 488.261 is hereby amended to read as follows:

70-15     488.261  1.  The [Division of Wildlife of the State Department

70-16  of Conservation and Natural Resources] Department may issue to

70-17  any person a permit to place a mooring buoy in the nonnavigable

70-18  waters of this state. The [Division of Wildlife] Department shall

70-19  charge and collect a fee in the amount set by the Commission for

70-20  each permit issued pursuant to this subsection. Unless suspended or

70-21  revoked by the [Division of Wildlife,] Department, a permit issued

70-22  pursuant to this subsection is valid through December 31 of the year

70-23  in which it is issued. Such a permit may be renewed annually by

70-24  paying the fee set by the Commission on or before January 1 of each

70-25  year.

70-26     2.  The [Division of Wildlife] Department may issue a permit

70-27  for the temporary placement of a buoy, other than a navigational aid,

70-28  for practice courses or marine events. The [Division of Wildlife]

70-29  Department shall charge and collect a fee in the amount set by the

70-30  Commission for each permit issued pursuant to this subsection.

70-31  Unless suspended or revoked by the [Division of Wildlife,]

70-32  Department, a permit issued pursuant to this subsection is valid for

70-33  the period indicated on the face of the permit which must not exceed

70-34  6 months.

70-35     3.  The Commission shall adopt by regulation fees for:

70-36     (a) The issuance and renewal of permits for mooring buoys

70-37  pursuant to subsection 1 which must not be more than $100 for each

70-38  buoy per year.

70-39     (b) The issuance of permits for the temporary placement of

70-40  buoys for practice courses or marine events pursuant to subsection 2

70-41  which must not be more than $50 per buoy.

70-42     4.  The Commission may:

70-43     (a) Adopt such regulations as are necessary to carry out the

70-44  provisions of NRS 488.257 to 488.285, inclusive; and

71-1      (b) Establish a schedule of administrative fines for the violation

71-2  of those regulations which may be assessed in addition to any

71-3  criminal penalties for the same act.

71-4      5.  The [Division of Wildlife] Department is responsible for the

71-5  enforcement of the laws of this state governing mooring buoys and

71-6  may:

71-7      (a) Revoke or suspend a permit for a mooring buoy issued

71-8  pursuant to subsection 1 or 2 or by the Division of State Lands if:

71-9          (1) The person responsible for the buoy fails to comply with

71-10  all applicable statutes and regulations concerning the buoy; or

71-11         (2) The buoy becomes a hazard to navigation.

71-12     (b) Remove any mooring buoy determined to be unlawfully

71-13  placed.

71-14     6.  This section does not require an agency of this state or the

71-15  United States Government to obtain written authorization to place,

71-16  move, remove, destroy or tamper with buoys or navigational aids on

71-17  the navigable waters of this state.

71-18     Sec.  155.  NRS 488.285 is hereby amended to read as follows:

71-19     488.285  1.  Except as otherwise provided in subsection 2:

71-20     (a) A person shall not moor any vessel to any buoy or

71-21  navigational aid placed in any waterway by authority of the United

71-22  States or any other governmental authority, or in any manner attach

71-23  a vessel to any such buoy or navigational aid.

71-24     (b) A person shall not place, move, remove, destroy or tamper

71-25  with any buoy or other navigational aid without written

71-26  authorization from the [Division of Wildlife of the State Department

71-27  of Conservation and Natural Resources.] Department.

71-28     2.  The provisions of subsection 1 do not apply to mooring

71-29  buoys.

71-30     3.  A person who violates a provision of subsection 1 shall be

71-31  punished:

71-32     (a) If no injury results from the violation, for a misdemeanor.

71-33     (b) If bodily injury or property damage in excess of $200 results

71-34  from the violation, for a gross misdemeanor.

71-35     (c) If a human death results from the violation, for a category D

71-36  felony as provided in NRS 193.130.

71-37     4.  Nothing in this section requires an agency of this state or the

71-38  United States Government to obtain written authorization to place,

71-39  move, remove, destroy or tamper with buoys or navigational aids on

71-40  navigable waters of this state.

71-41     Sec.  156.  NRS 488.291 is hereby amended to read as follows:

71-42     488.291  1.  A person shall not abandon a vessel upon a public

71-43  waterway or public or private property without the consent of the

71-44  owner or person in lawful possession or control of the property.

72-1      2.  The abandonment of any vessel in a manner prohibited by

72-2  subsection 1 is prima facie evidence that the last registered owner of

72-3  record, unless he has notified the [Division of Wildlife of the State

72-4  Department of Conservation and Natural Resources] Department or

72-5  other appropriate agency of his relinquishment of title or interest

72-6  therein, is responsible for the abandonment. The person so

72-7  responsible is liable for the cost of removal and disposition of the

72-8  vessel.

72-9      3.  A game warden, sheriff or other peace officer of this state

72-10  may remove a vessel from a public waterway when:

72-11     (a) The vessel is left unattended and is adrift, moored, docked,

72-12  beached or made fast to land in such a position as to interfere with

72-13  navigation or in such a condition as to create a hazard to other

72-14  vessels using the waterway, to public safety or to the property of

72-15  another.

72-16     (b) The vessel is found upon a waterway and a report has

72-17  previously been made that the vessel has been stolen or embezzled.

72-18     (c) The person in charge of the vessel is by reason of physical

72-19  injuries or illness incapacitated to such an extent as to be unable to

72-20  provide for its custody or removal.

72-21     (d) An officer arrests a person operating or in control of the

72-22  vessel for an alleged offense, and the officer is required or permitted

72-23  to take, and does take, the person arrested before a magistrate

72-24  without unnecessary delay.

72-25     (e) The vessel seriously interferes with navigation or otherwise

72-26  poses a critical and immediate danger to navigation or to the public

72-27  health, safety or welfare.

72-28     Sec.  157.  NRS 488.293 is hereby amended to read as follows:

72-29     488.293  1.  A peace officer may attempt to identify the

72-30  registered owner of a vessel abandoned on private property by

72-31  inspection of the vessel and any trailer to which it is attached and

72-32  may supply the information to the property owner. The property

72-33  owner must declare by affidavit the reasons why he believes the

72-34  property to be abandoned. The property owner must give 5 days’

72-35  notice to the last registered owner before causing the removal of the

72-36  vessel. If the last registered owner is unknown or cannot be notified,

72-37  the vessel may immediately be removed to a secure location

72-38  designated by a peace officer.

72-39     2.  A peace officer shall, within 48 hours after directing the

72-40  removal of an abandoned vessel on a public waterway or public or

72-41  private property, notify the [Division of Wildlife of the State

72-42  Department of Conservation and Natural Resources] Department of

72-43  the status of the vessel.

72-44     3.  A law enforcement agency that has custody of an abandoned

72-45  vessel shall, if the agency knows or can reasonably discover the

73-1  name and address of the owner of the vessel or any person who

73-2  holds a security interest in the vessel, notify the owner or the holder

73-3  of the security interest of the location of the vessel and the method

73-4  by which the vessel may be claimed. The notice must be sent by

73-5  certified or registered mail.

73-6      4.  If the abandoned vessel is held by a law enforcement agency

73-7  as evidence in the investigation or prosecution of a criminal offense,

73-8  the notice required by subsection 3 must be sent:

73-9      (a) Upon the decision of the law enforcement agency or district

73-10  attorney not to pursue or prosecute the case;

73-11     (b) Upon the conviction of the person who committed the

73-12  offense; or

73-13     (c) If the case is otherwise terminated.

73-14     5.  Failure to reclaim the vessel within 180 days after the date

73-15  the notice is mailed constitutes a waiver of interest in the vessel by

73-16  any person having an interest in the vessel and the vessel shall be

73-17  deemed abandoned for all purposes.

73-18     6.  If all recorded interests in a vessel are waived, as provided in

73-19  subsection 5 or by written disclaimer, the [Division of Wildlife]

73-20  Department may issue a certificate of ownership to the law

73-21  enforcement agency that has custody of the vessel. If necessary, the

73-22  [Division of Wildlife] Department may assign a hull number to the

73-23  vessel. This subsection does not preclude the subsequent return of a

73-24  vessel, or any component part thereof, by a law enforcement agency

73-25  to the registered owner of the vessel upon presentation by the

73-26  registered owner of satisfactory proof of ownership.

73-27     7.  A law enforcement agency to which a certificate of

73-28  ownership is issued pursuant to subsection 6 may use, sell or destroy

73-29  the vessel, and shall keep a record of the disposition of the vessel. If

73-30  the law enforcement agency:

73-31     (a) Sells the vessel, all proceeds from the sale of the vessel

73-32  become the property of the law enforcement agency.

73-33     (b) Destroys the vessel, the law enforcement agency shall,

73-34  within 10 days, give notice of the destruction of the vessel to the

73-35  [Division of Wildlife.] Department.

73-36     Sec.  158.  NRS 488.305 is hereby amended to read as follows:

73-37     488.305  1.  The [Division of Wildlife of the State Department

73-38  of Conservation and Natural Resources] Department may authorize

73-39  the holding of regattas, motorboat or other boat races, marine

73-40  parades, tournaments or exhibitions on any waters of this state. The

73-41  Commission shall adopt regulations concerning the safety of

73-42  motorboats and other vessels and persons thereon, either observers

73-43  or participants.

73-44     2.  At least 30 days before a regatta, motorboat or other boat

73-45  race, marine parade, tournament or exhibition is proposed to be

74-1  held, the person in charge thereof must file an application with the

74-2  [Division of Wildlife] Department for permission to hold the

74-3  regatta, motorboat or other boat race, marine parade, tournament or

74-4  exhibition. No such event may be conducted without the written

74-5  authorization of the [Division of Wildlife.] Department.

74-6      3.  The [Administrator] Director of the [Division of Wildlife]

74-7  Department may require an applicant, or the sponsor of the event, as

74-8  a condition of the approval of a regatta, motorboat or other boat

74-9  race, marine parade, tournament or exhibition, to enter into an

74-10  agreement to reimburse the [Division] Department for expenses

74-11  incurred by the [Division] Department to ensure that the event is

74-12  conducted safely, including, without limitation, expenses for

74-13  equipment used, expenses for personnel and general operating

74-14  expenses.

74-15     4.  The application must set forth the date, time and location

74-16  where it is proposed to hold the regatta, motorboat or other boat

74-17  race, marine parade, tournament or exhibition, the type of vessels

74-18  participating, the number and kind of navigational aids required and

74-19  the name of a person who will be present at the event to ensure that

74-20  the conditions of the permit are satisfied.

74-21     5.  The provisions of this section do not exempt any person

74-22  from compliance with applicable federal law or regulation.

74-23     Sec.  159.  NRS 488.320 is hereby amended to read as follows:

74-24     488.320  1.  A person shall not maintain or operate upon the

74-25  waters of this state any vessel which is equipped with a marine

74-26  sanitation device unless the device is approved by the United States

74-27  Coast Guard and:

74-28     (a) Is designed to prevent the overboard discharge of treated and

74-29  untreated sewage; or

74-30     (b) Is adequately secured to prevent the overboard discharge of

74-31  treated and untreated sewage.

74-32     2.  It is unlawful for any person to discharge or attempt to

74-33  discharge sewage from a vessel into the waters of this state.

74-34     3.  The Commission shall adopt regulations:

74-35     (a) That it determines are necessary to carry out the provisions

74-36  of this section; and

74-37     (b) Establishing a schedule of civil penalties for various

74-38  violations of this section and those regulations.

74-39     4.  A person who violates any provision of this section or the

74-40  regulations adopted pursuant to subsection 3:

74-41     (a) Is guilty of a misdemeanor; and

74-42     (b) In addition to any criminal penalty, is subject to:

74-43         (1) The suspension of the certificate of number of his vessel

74-44  for 180 consecutive days; and

75-1          (2) A civil penalty of not less than $250, as established in

75-2  regulations adopted by the Commission, payable to the [Division of

75-3  Wildlife of the State Department of Conservation and Natural

75-4  Resources.] Department.

75-5      5.  As used in this section, unless the context otherwise

75-6  requires:

75-7      (a) “Discharge” means to spill, leak, pump, pour, emit, empty or

75-8  dump sewage into the water.

75-9      (b) “Marine sanitation device” means a toilet facility which is

75-10  installed on board a vessel and which is designed to receive, retain,

75-11  treat or discharge sewage, and any process to treat that sewage. The

75-12  term does not include portable devices which are designed to be

75-13  carried onto and off of a vessel.

75-14     (c) “Sewage” means wastes from the human body and wastes

75-15  from toilets or other receptacles, including marine sanitation

75-16  devices, designed to receive or retain wastes from the human body.

75-17     (d) “Vessel” includes any watercraft or structure floating on the

75-18  water, whether or not capable of self-locomotion, including

75-19  houseboats, barges and similar structures.

75-20     Sec.  160.  NRS 488.550 is hereby amended to read as follows:

75-21     488.550  1.  The operator of a vessel involved in a collision,

75-22  accident or other casualty shall, so far as he can do so without

75-23  serious danger to his own vessel, crew and passengers, render to

75-24  other persons affected by the casualty such assistance as may be

75-25  practicable and as may be necessary to save them from or minimize

75-26  any danger caused by the casualty, and shall give his name, address

75-27  and the identification of his vessel in writing to any person injured

75-28  and to the owner of any property damaged in the casualty.

75-29     2.  In the case of collision, accident or other casualty involving

75-30  a vessel, the operator thereof, if the casualty results in death or

75-31  injury to a person or damage to property in excess of $500, shall file

75-32  with the [Division of Wildlife of the State Department of

75-33  Conservation and Natural Resources] Department a full description

75-34  of the casualty, including, without limitation, such information as

75-35  the Commission may, by regulation, require.

75-36     3.  Upon receipt of a claim under a policy of insurance with

75-37  respect to a collision, accident or other casualty for which a report is

75-38  required by subsection 2, the insurer shall provide written notice to

75-39  the insured of his responsibility pursuant to subsection 2 to file with

75-40  the [Division of Wildlife] Department a full description of the

75-41  casualty.

75-42     4.  Upon receipt of a request for repair with respect to a

75-43  collision, accident or other casualty for which a report is required by

75-44  subsection 2, the person who repairs the vessel shall provide written

75-45  notice to the person requesting the repairs of the requirement set

76-1  forth in subsection 2 that the operator file with the [Division of

76-2  Wildlife] Department a full description of the casualty.

76-3      5.  The insurer and the person who repairs a vessel shall

76-4  transmit a copy of each notice they provide pursuant to subsections

76-5  3 and 4, respectively, to the [Division of Wildlife] Department at

76-6  the same time the notice is provided to the insured or person

76-7  requesting the repairs.

76-8      6.  The [Division of Wildlife] Department shall investigate or

76-9  cause to be investigated a collision, accident or other casualty

76-10  involving a vessel which results in death or substantial bodily injury

76-11  and shall gather evidence to be used in the prosecution of a person

76-12  charged with violating a law in connection with the collision,

76-13  accident or other casualty. The [Division of Wildlife] Department

76-14  may investigate or cause to be investigated a collision, accident or

76-15  other casualty involving a vessel which does not result in death or

76-16  substantial bodily injury and may gather evidence to be used in the

76-17  prosecution of a person charged with violating a law in connection

76-18  with the collision, accident or other casualty.

76-19     Sec.  161.  NRS 488.560 is hereby amended to read as follows:

76-20     488.560  In accordance with any request made by an authorized

76-21  official or agency of the United States, any information compiled or

76-22  otherwise available to the [Division of Wildlife of the State

76-23  Department of Conservation and Natural Resources] Department

76-24  pursuant to NRS 488.550 must be transmitted to the official or

76-25  agency of the United States.

76-26     Sec.  162.  NRS 488.740 is hereby amended to read as follows:

76-27     488.740  1.  The [Division] Department shall certify persons

76-28  to provide, in cooperation with the [Division,] Department,

76-29  instruction in safe boating approved by the National Association of

76-30  State Boating Law Administrators. All persons who successfully

76-31  complete the course must be issued a certificate evidencing

76-32  successful completion.

76-33     2.  The [Division] Department may offer the courses in

76-34  cooperation with organizations that provide education in safe

76-35  boating, including, without limitation, the United States Coast

76-36  Guard Auxiliary and the United States Power Squadrons.

76-37     3.  The [Division] Department shall maintain a list, available

76-38  for public inspection, of the availability of courses in safe boating

76-39  and any instructors who are certified pursuant to subsection 1.

76-40     Sec.  163.  NRS 488.750 is hereby amended to read as follows:

76-41     488.750  1.  A person born on or after January 1, 1983, who is

76-42  a resident of this state and who possesses a certificate that evidences

76-43  his successful:

76-44     (a) Completion of a course in safe boating that is approved by

76-45  the National Association of State Boating Law Administrators,

77-1  including, without limitation, courses offered pursuant to NRS

77-2  488.740 and courses offered by the United States Coast Guard

77-3  Auxiliary or the United States Power Squadrons; or

77-4      (b) Passage of a proficiency examination that was proctored and

77-5  tests the knowledge of the information included in the curriculum of

77-6  such a course,

77-7  shall submit or cause to be submitted a copy of the certificate to the

77-8  [Division. The Division] Department. The Department may request

77-9  additional information necessary for the [Division] Department to

77-10  maintain the database pursuant to subsection 2.

77-11     2.  The [Division] Department shall establish and maintain a

77-12  database of certificates that it receives pursuant to subsection 1. The

77-13  database must include, without limitation, the:

77-14     (a) Name, date of birth and gender of the holder of the

77-15  certificate;

77-16     (b) Date, location and name of the course that the holder of the

77-17  certificate completed or the examination that he passed; and

77-18     (c) Number on the certificate.

77-19     Sec.  164.  NRS 488.900 is hereby amended to read as follows:

77-20     488.900  1.  Every game warden, sheriff and other peace

77-21  officer of this state and its political subdivisions shall enforce the

77-22  provisions of this chapter and may stop and board any vessel subject

77-23  to the provisions of this chapter.

77-24     2.  Any vessel located upon the waters of this state is subject to

77-25  inspection by the [Division of Wildlife of the State Department of

77-26  Conservation and Natural Resources] Department or any lawfully

77-27  designated agent or inspector thereof at any time to determine

77-28  whether the vessel is equipped in compliance with the provisions of

77-29  this chapter.

77-30     3.  Any vessel located upon the waters of this state is subject to

77-31  inspection by the Division of Environmental Protection of the State

77-32  Department of Conservation and Natural Resources or any lawfully

77-33  designated agent or inspector thereof at any time to determine

77-34  whether the vessel is equipped in compliance with the provisions of

77-35  NRS 488.320. As used in this subsection, “vessel” includes any

77-36  watercraft or structure floating on the water, whether or not capable

77-37  of self-locomotion, including houseboats, barges and similar

77-38  structures.

77-39     Sec.  165.  NRS 528.053 is hereby amended to read as follows:

77-40     528.053  1.  No felling of trees, skidding, rigging or

77-41  construction of tractor or truck roads or landings, or the operation of

77-42  vehicles, may take place within 200 feet, measured on the slope,

77-43  of the high water mark of any lake, reservoir, stream or other body

77-44  of water unless a variance is first obtained from a committee

77-45  composed of the State Forester Firewarden, the [Administrator]

78-1  Director of the [Division of Wildlife of the State] Department of

78-2  [Conservation and Natural Resources] Wildlife and the State

78-3  Engineer.

78-4      2.  The committee may grant a variance authorizing any of the

78-5  activities prohibited by subsection 1 within a 200-foot buffer area if

78-6  the committee determines that the goals of conserving forest

78-7  resources and achieving forest regeneration, preserving watersheds,

78-8  reaching or maintaining water quality standards adopted by federal

78-9  and state law, continuing water flows, preserving and providing for

78-10  the propagation of fish life and stream habitat and preventing

78-11  significant soil erosion will not be compromised.

78-12     3.  In acting on a request for such variances , the committee

78-13  shall consider the following factors:

78-14     (a) The extent to which such requested activity is consistent with

78-15  good forestry management for the harvesting of timber;

78-16     (b) The extent to which such requested activity significantly

78-17  impedes or interrupts the natural volume and flow of water;

78-18     (c) The extent to which such requested activity significantly

78-19  affects a continuation of the natural quality of the water pursuant to

78-20  state and federal water quality standards;

78-21     (d) The extent to which such requested activity is consistent

78-22  with the prevention of significant soil erosion;

78-23     (e) The extent to which such requested activity may

78-24  significantly obstruct fish passage, cause sedimentation in fish

78-25  spawning areas, infringe on feeding and nursing areas and cause

78-26  variations of water temperatures; and

78-27     (f) The filtration of sediment-laden water as a consequence of

78-28  timber harvesting on adjacent slopes.

78-29     Sec.  166.  NRS 534A.070 is hereby amended to read as

78-30  follows:

78-31     534A.070  1.  The Administrator of the Division of Minerals

78-32  of the Commission on Mineral Resources shall approve or reject an

78-33  application for a permit to drill an exploratory well within 10 days

78-34  after he receives the application in proper form. The permit must not

78-35  be effective for more than 2 years, but may be extended by the

78-36  Administrator.

78-37     2.  Upon receipt of an application for a permit to drill or operate

78-38  a geothermal well, the Administrator of the Division of Minerals

78-39  shall transmit copies of the application to the State Engineer, the

78-40  Administrator of the Division of Environmental Protection of

78-41  the State Department of Conservation and Natural Resources , and

78-42  the [Administrator] Director of the [Division of Wildlife of the

78-43  State] Department of [Conservation and Natural Resources.]

78-44  Wildlife. After consultation with the State Engineer , the

78-45  Administrator of the Division of Environmental Protection, and

79-1  [each of the Administrators,] the Director of the Department of

79-2  Wildlife, the Administrator of the Division of Minerals may issue a

79-3  permit to drill or operate a geothermal well if it is determined that

79-4  issuance of a permit is consistent with:

79-5      (a) The policies specified in NRS 445A.305 and 445B.100;

79-6      (b) The purposes of chapters 533 and 534 of NRS; and

79-7      (c) The purposes specified in chapter 501 of NRS.

79-8      3.  The Administrator of the Division of Minerals shall approve

79-9  or reject the application to drill or operate a geothermal well within

79-10  90 days after he receives it in proper form, unless it is determined

79-11  that a conflict exists pursuant to subsection 2 or a public hearing is

79-12  necessary pursuant to subsection 4. Notice of the conflict or need for

79-13  a public hearing must be provided to the applicant within the 90-day

79-14  period.

79-15     4.  The State Engineer and the Administrator of the Division of

79-16  Minerals may hold public hearings jointly or separately to gather

79-17  such evidence or information as they deem necessary for a full

79-18  understanding of all the rights involved and to guard properly the

79-19  public interest.

79-20     5.  A permit issued pursuant to this section must include any

79-21  conditions:

79-22     (a) Deemed necessary by the Administrator of the Division of

79-23  Minerals to carry out the purposes of this section; and

79-24     (b) Imposed by the State Engineer consistent with the provisions

79-25  of chapters 533 and 534 of NRS.

79-26     Sec.  167.  NRS 535.060 is hereby amended to read as follows:

79-27     535.060  1.  On any stream system and its tributaries in this

79-28  state the distribution of the waters of which are vested in the State

79-29  Engineer by law or the final decree of court, where beaver, by the

79-30  construction of dams or otherwise, are found to be interfering with

79-31  the lawful and necessary distribution of water to the proper users

79-32  thereof, the State Engineer, upon complaint of any interested water

79-33  user, shall investigate or cause the investigation of the matter.

79-34     2.  The State Engineer and his assistants and water

79-35  commissioners and the [Division of Wildlife of the State]

79-36  Department of [Conservation and Natural Resources] Wildlife and

79-37  its agents may enter upon privately owned lands for the purposes of

79-38  investigating the conditions complained of and the removal and

79-39  trapping of beaver.

79-40     3.  If satisfied that such beaver are interfering with the flow of

79-41  water to the detriment of water users, the State Engineer shall serve

79-42  a written notice on the owner of the land, if it is privately owned,

79-43  stating:

79-44     (a) That the beaver thereon are interfering with or stopping the

79-45  flow of water necessary for the proper serving of water rights; and

80-1      (b) That unless, within 10 days from receipt of the notice,

80-2  written objection to the removal of such beaver is filed with the

80-3  State Engineer by the landowner, the [Division of Wildlife of the

80-4  State] Department of [Conservation and Natural Resources] Wildlife

80-5  will remove such beaver or as many thereof as will rectify the

80-6  existing conditions.

80-7      4.  Failure of the landowner to file such written objections shall

80-8  be deemed a waiver thereof. Upon receipt of written objections , the

80-9  State Engineer may make further investigation and may sustain or

80-10  overrule the objections as the facts warrant. Upon the overruling of

80-11  the objections, the landowner may have them reviewed by the

80-12  district court having jurisdiction of the land by filing therein a

80-13  petition for review within 10 days from the receipt of the order of

80-14  the State Engineer overruling the objections. The proceedings on the

80-15  petition must be informal and heard by the court at the earliest

80-16  possible moment.

80-17     5.  Upon the landowner’s waiver of objections to the removal of

80-18  beaver from his land, or upon final determination by the court that

80-19  the beaver should be removed, the State Engineer shall immediately

80-20  notify the [Division of Wildlife] Department of Wildlife of the

80-21  waiver or determination and the [Division] Department or its agents

80-22  shall enter upon the land from which the beaver are to be removed

80-23  and remove them or as many as may be necessary to prevent the

80-24  improper flow of water as directed by the State Engineer.

80-25     6.  The State Engineer may remove or cause the removal of any

80-26  beaver dam found to be obstructing the proper and necessary flow of

80-27  water to the detriment of water users.

80-28     Sec.  168.  NRS 561.301 is hereby amended to read as follows:

80-29     561.301  Aquatic agriculture, which includes the propagation,

80-30  cultivation and harvesting of plants indigenous to water in a

80-31  controlled or selected aquatic environment for the commercial

80-32  production of food, is one of the agricultural enterprises conducted

80-33  in this state. The Department shall promote, protect and regulate

80-34  aquatic agriculture to the extent that the Department is authorized to

80-35  regulate other forms of agriculture and other agricultural products.

80-36  The Department shall confer with the [Division of Wildlife of the

80-37  State] Department of [Conservation and Natural Resources] Wildlife

80-38  regarding aquatic agriculture to prevent any adverse effects on

80-39  existing aquatic animals.

80-40     Sec.  169.  NRS 571.120 is hereby amended to read as follows:

80-41     571.120  1.  The Department shall do all things necessary for

80-42  the control and eradication of infectious, contagious or parasitic

80-43  diseases of livestock.

80-44     2.  The Director shall cooperate with the [Administrator]

80-45  Director of the [Division of Wildlife of the State] Department of

81-1  [Conservation and Natural Resources] Wildlife in a program to

81-2  prevent the spread of communicable diseases in livestock and

81-3  wildlife in this state.

81-4      3.  As used in this section, “wildlife” has the meaning ascribed

81-5  to it in NRS 501.097.

81-6      Sec.  170.  NRS 576.129 is hereby amended to read as follows:

81-7      576.129  1.  It is unlawful for any person to import, possess or

81-8  propagate any alternative livestock unless he first obtains from the

81-9  State Board of Agriculture a permit that authorizes him to do so.

81-10     2.  The State Board of Agriculture shall adopt regulations for

81-11  the importation, possession and propagation of alternative livestock.

81-12  The regulations must set forth requirements for:

81-13     (a) Facilities used to confine alternative livestock, including

81-14  minimum requirements for fencing to prevent the escape of

81-15  alternative livestock.

81-16     (b) The genetic testing of alternative livestock.

81-17     (c) Keeping and maintaining records related to the importation,

81-18  transfer, possession and propagation of alternative livestock.

81-19     (d) Identifying and marking alternative livestock.

81-20     (e) Marketing alternative livestock.

81-21     (f) The filing of any bonds which may be required by the State

81-22  Board of Agriculture.

81-23     3.  In adopting the regulations required by subsection 2, the

81-24  State Board of Agriculture shall consult with the [Division of

81-25  Wildlife of the State] Department of [Conservation and Natural

81-26  Resources] Wildlife and the Board of Wildlife Commissioners

81-27  concerning the provisions that are necessary to protect wildlife in

81-28  this state and in the areas designated as areas of special concern by

81-29  the Board of Wildlife Commissioners pursuant to NRS 501.181.

81-30     4.  The State Board of Agriculture shall establish by regulation

81-31  a schedule of fees required to be paid for a permit issued pursuant to

81-32  this section. The fees established must not exceed the approximate

81-33  cost to the Board of carrying out the provisions of this section.

81-34     Sec.  171.  NRS 576.131 is hereby amended to read as follows:

81-35     576.131  1.  An owner of alternative livestock may request

81-36  assistance from the State Department[, the Division of Wildlife of

81-37  the State] of Agriculture, the Department of [Conservation and

81-38  Natural Resources] Wildlife and local law enforcement agencies to

81-39  recapture any alternative livestock that has escaped from

81-40  confinement.

81-41     2.  Any alternative livestock that is recaptured may be

81-42  impounded at a suitable facility until sufficient repairs or

81-43  improvements are made to the owner’s facility to ensure that the

81-44  escape of the alternative livestock does not recur.

81-45     3.  The owner of the alternative livestock is liable for:

82-1      (a) The costs incurred by the State Department[, the Division of

82-2  Wildlife of the State] of Agriculture, the Department of

82-3  [Conservation and Natural Resources] Wildlife and any local law

82-4  enforcement agency to recapture the alternative livestock;

82-5      (b) The costs of impounding the alternative livestock; and

82-6      (c) Any damages caused by the alternative livestock during the

82-7  escape.

82-8      Sec.  172.  NRS 232.138, 488.700, 488.710, 488.720, 501.002

82-9  and 501.027 are hereby repealed.

82-10     Sec.  173.  The Legislative Counsel shall:

82-11     1.  In preparing the reprint and supplements to the Nevada

82-12  Revised Statutes, with respect to any section that is not amended by

82-13  this act or is further amended by another act, appropriately change

82-14  any reference to:

82-15     (a) “Division of Wildlife” to “Department of Wildlife”; and

82-16     (b) Any other agency or any officer whose name is changed or

82-17  whose responsibilities have been transferred pursuant to the

82-18  provisions of this act to refer to the appropriate agency or officer.

82-19     2.  In preparing supplements to the Nevada Administrative

82-20  Code, appropriately change any reference to:

82-21     (a) “Division of Wildlife” to “Department of Wildlife”; and

82-22     (b) Any other agency or any officer whose name is changed or

82-23  whose responsibilities have been transferred pursuant to the

82-24  provisions of this act to refer to the appropriate agency or officer.

82-25     Sec.  174.  This act becomes effective on July 1, 2003.

 

82-26  LEADLINES OF REPEALED SECTIONS

 

82-27     232.138  Division of Wildlife: Composition; appointment of

82-28  Administrator.

82-29     488.700  Definitions.

82-30     488.710  “Division” defined.

82-31     488.720  “Interstate waters of the State” defined.

82-32     501.002  “Administrator” defined.

82-33     501.027  “Division” defined.

 

82-34  H