requires two-thirds majority vote (§§ 3, 7, 11-14, 17, 21-36, 38, 40-43)                                                                          

                                                                                                  

 

Senate Bill No. 420–Committee on Finance

 

(On Behalf of the Department of Administration)

 

March 24, 2003

____________

 

Referred to Committee on Natural Resources

 

SUMMARY—Makes various changes relating to Division of Wildlife of State Department of Conservation and Natural Resources. (BDR 45‑1254)

 

FISCAL NOTE:    Effect on Local Government: Yes.

                             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; requiring the Division of Wildlife of the State Department of Conservation and Natural Resources and the Board of Wildlife Commissioners to periodically adjust fees to reflect increases or decreases in the Consumer Price Index; authorizing the Division under certain circumstances to suspend, revoke, or refuse to issue or renew any license, tag, permit, certificate or other document of a person who fails to pay a civil penalty timely; prohibiting certain persons from hunting certain upland game birds under certain circumstances; imposing and revising certain fees; creating the Wildlife Obligated Reserve Account in the State General Fund; requiring the Commission to adopt certain regulations; providing a penalty; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

 

 

 

2-1  Section 1. Chapter 501 of NRS is hereby amended by adding

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

2-3  Sec. 2.  As used in this title, “Consumer Price Index” means

2-4  the Consumer Price Index (All Items) published by the United

2-5  States Department of Labor.

2-6  Sec. 3.  1.  For each fee imposed by the Commission the

2-7  amount of which is required by law to be adjusted to reflect

2-8  changes in the Consumer Price Index:

2-9  (a) The Division shall, not more often than once each year:

2-10          (1) Calculate to the nearest dollar, the change in the

2-11  amount of the fee necessary to reflect the aggregate increase or

2-12  decrease in the Consumer Price Index since the fee was last

2-13  adjusted; and

2-14          (2) Submit to the Commission a list of the changes.

2-15      (b) The Commission, upon the receipt of the list, shall consider

2-16  each fee on the list and:

2-17          (1) If the fee has been adjusted in the 24 months

2-18  immediately preceding receipt of the list, may adjust the fee by the

2-19  amount calculated by the Division; and

2-20          (2) If the fee has not been increased in the 24 months

2-21  immediately preceding the meeting, shall adjust the fee by the

2-22  amount calculated by the Division.

2-23      2.  The Commission may adopt regulations necessary to carry

2-24  out its duties pursuant to this section.

2-25      3.  The Division shall, not later than the fifth calendar day of

2-26  each regular session of the Legislature, submit to it a report of the

2-27  amounts of all fees imposed by the Commission, as adjusted

2-28  pursuant to this section.

2-29      Sec. 4.  NRS 501.181 is hereby amended to read as follows:

2-30      501.181  The Commission shall:

2-31      1.  Establish broad policies for:

2-32      (a) The protection, propagation, restoration, transplanting,

2-33  introduction and management of wildlife in this state.

2-34      (b) The promotion of the safety of persons using or property

2-35  used in the operation of vessels on the waters of this state.

2-36      (c) The promotion of uniformity of laws relating to policy

2-37  matters.

2-38      2.  Guide the Division in its administration and enforcement of

2-39  the provisions of this title and of chapter 488 of NRS by the

2-40  establishment of such policies.

2-41      3.  Establish policies for areas of interest including:

2-42      (a) The management of big and small game mammals, upland

2-43  and migratory game birds, fur-bearing mammals, game fish, and

2-44  protected and unprotected mammals, birds, fish, reptiles and

2-45  amphibians.

3-1  (b) The control of wildlife depredations.

3-2  (c) The acquisition of lands, water rights and easements and

3-3  other property for the management, propagation, protection and

3-4  restoration of wildlife.

3-5  (d) The entry, access to, and occupancy and use of such

3-6  property, including leases of grazing rights, sales of agricultural

3-7  products and requests by the Administrator to the State Land

3-8  Registrar for the sale of timber if the sale does not interfere with the

3-9  use of the property on which the timber is located for wildlife

3-10  management or for hunting or fishing thereon.

3-11      (e) The control of nonresident hunters.

3-12      (f) The introduction, transplanting or exporting of wildlife.

3-13      (g) Cooperation with federal, state and local agencies on wildlife

3-14  and boating programs.

3-15      (h) The revocation of licenses issued pursuant to this title to any

3-16  person who is convicted of a violation of any provision of this title

3-17  or any regulation adopted pursuant thereto.

3-18      4.  Establish regulations necessary to carry out the provisions of

3-19  this title and of chapter 488 of NRS, including:

3-20      (a) [Regular and special seasons] Seasons for hunting game

3-21  mammals and game birds, for hunting or trapping fur-bearing

3-22  mammals and for fishing, the daily and possession limits, the

3-23  manner and means of taking wildlife, including, but not limited to,

3-24  the sex, size or other physical differentiation for each species, and,

3-25  when necessary for management purposes, the emergency closing or

3-26  extending of a season, reducing or increasing of the bag or

3-27  possession limits on a species, or the closing of any area to hunting,

3-28  fishing or trapping. The regulations must be established after first

3-29  considering the recommendations of the Division, the county

3-30  advisory boards to manage wildlife and others who wish to present

3-31  their views at an open meeting. Any regulations relating to the

3-32  closure of a season must be based upon scientific data concerning

3-33  the management of wildlife. The data upon which the regulations

3-34  are based must be collected or developed by the Division.

3-35      (b) The manner of using, attaching, filling out, punching,

3-36  inspecting, validating or reporting tags.

3-37      (c) The delineation of game management units embracing

3-38  contiguous territory located in more than one county, irrespective of

3-39  county boundary lines.

3-40      (d) The number of licenses issued [to nonresidents] for big game

3-41  and, if necessary, other game species . [for the regular and special

3-42  seasons.]

3-43      5.  Adopt regulations requiring the Division to make public,

3-44  before official delivery, its proposed responses to any requests by

3-45  federal agencies for its comment on drafts of statements concerning

4-1  the environmental effect of proposed actions or regulations affecting

4-2  public lands.

4-3  6.  Adopt regulations:

4-4  (a) Governing the provisions of the permit required by NRS

4-5  502.390 and for the issuance, renewal and revocation of such a

4-6  permit.

4-7  (b) Establishing the method for determining the amount of an

4-8  assessment , and the time and manner of payment, necessary for the

4-9  collection of the assessment required by NRS 502.390.

4-10      7.  Designate those portions of wildlife management areas for

4-11  big game mammals that are of special concern for the regulation of

4-12  the importation, possession and propagation of alternative livestock

4-13  pursuant to NRS 576.129.

4-14      Sec. 5.  NRS 501.3855 is hereby amended to read as follows:

4-15      501.3855  1.  In addition to the penalties provided for the

4-16  violation of any of the provisions of this title, every person who

4-17  unlawfully kills or possesses a big game mammal, bobcat, swan or

4-18  eagle is liable for a civil penalty of not less than $250 nor more than

4-19  $5,000.

4-20      2.  For unlawful killing or possession of fish or wildlife not

4-21  included in subsection 1, the court may order the defendant to pay a

4-22  civil penalty of not less than $25 nor more than $1,000.

4-23      3.  For hunting, fishing or trapping without a valid license, tag

4-24  or permit, the court may order the defendant to pay a civil penalty of

4-25  not less than $50 nor more than $250.

4-26      4.  Every court, before whom a defendant is convicted of

4-27  unlawfully killing or possessing any wildlife, shall order the

4-28  defendant to pay the civil penalty in the amount stated in this section

4-29  for each mammal, bird or fish unlawfully killed or possessed. The

4-30  court shall fix the manner and time of payment.

4-31      5.  The Division may attempt to collect all penalties and

4-32  installments that are in default in any manner provided by law for

4-33  the enforcement of a judgment.

4-34      6.  If a person who is ordered to pay a civil penalty pursuant

4-35  to this section fails to do so within 90 days after the date set forth

4-36  in the order, the Division may suspend, revoke, or refuse to issue

4-37  or renew any license, tag, permit, certificate or other document or

4-38  privilege otherwise available to the person pursuant to this title or

4-39  chapter 488 of NRS.

4-40      7.  Each court that receives money pursuant to the provisions of

4-41  this section shall forthwith remit the money to the Division which

4-42  shall deposit the money with the State Treasurer for credit to the

4-43  Wildlife Account in the State General Fund.

5-1  Sec. 6.  Chapter 502 of NRS is hereby amended by adding

5-2  thereto the provisions set forth as sections 7 to 11, inclusive, of this

5-3  act.

5-4  Sec. 7.  1.  Except as otherwise provided in this section, it is

5-5  unlawful for any person to hunt any upland game bird, except

5-6  turkey and crow, unless at the time he is hunting he carries on his

5-7  person such documentation as the Division provides as proof that

5-8  he has paid to the Division, for the licensing period that includes

5-9  the time he is hunting, the fee required pursuant to this section.

5-10      2.  The provisions of this section do not apply to a person who

5-11  is under the age of 12 years.

5-12      3.  The documentation required pursuant to this section must

5-13  be sold by the Division, and persons authorized by the Division to

5-14  sell hunting licenses, for a fee, the base amount of which is $10.

5-15  The actual amount of the fee must be adjusted at least every other

5-16  year, pursuant to section 3 of this act, to reflect changes in the

5-17  Consumer Price Index.

5-18      4.  The Division shall determine the form of the

5-19  documentation.

5-20      Sec. 8.  All money received pursuant to section 7 of this act

5-21  must be deposited with the State Treasurer for credit to the

5-22  Wildlife Account in the State General Fund. The Division shall

5-23  maintain separate accounting records for the receipt and

5-24  expenditure of that money. An amount not to exceed 10 percent of

5-25  that money may be used to reimburse the Division for the cost of

5-26  administering the program of documentation. This amount is in

5-27  addition to compensation allowed persons authorized to issue and

5-28  sell licenses.

5-29      Sec. 9.  1.  Before the Division may undertake any project

5-30  using money received pursuant to section 7 of this act, it must

5-31  analyze the project and provide the Commission with

5-32  recommendations as to the need for the project and its feasibility.

5-33      2.  Money received pursuant to section 7 of this act must be

5-34  used for projects approved by the Commission for the protection

5-35  and propagation of upland game birds and for the acquisition,

5-36  development and preservation of wetlands in this state.

5-37      Sec. 10.  The Division shall, not later than the fifth calendar

5-38  day of each regular session of the Legislature, submit to it a report

5-39  summarizing any projects undertaken and the receipt and

5-40  expenditure of money and public benefits achieved by the program

5-41  for the sale of documentation to hunt any upland game bird,

5-42  except turkey and crow.

5-43      Sec. 11.  1.  In addition to any fee charged and collected for

5-44  an annual hunting, trapping, fishing or combined hunting and

6-1  fishing license pursuant to NRS 502.240, a habitat conservation

6-2  fee must be paid.

6-3  2.  The base amount of the habitat conservation fee is $3, and

6-4  the actual amount of the fee must be adjusted at least every other

6-5  year, pursuant to section 3 of this act, to reflect changes in the

6-6  Consumer Price Index.

6-7  3.  The Wildlife Obligated Reserve Account is hereby created

6-8  in the State General Fund. Revenue from the habitat conservation

6-9  fee must be accounted for separately, deposited with the State

6-10  Treasurer for credit to the Wildlife Obligated Reserve Account and

6-11  used by the Division for the purposes of wildlife habitat

6-12  rehabilitation and restoration. The interest and income earned on

6-13  the money in the Wildlife Obligated Reserve Account, after

6-14  deducting any applicable charges, must be credited to the Account.

6-15      4.  The money in the Wildlife Obligated Reserve Account

6-16  remains in the Account and does not revert to the State General

6-17  Fund at the end of any fiscal year.

6-18      Sec. 12.  NRS 502.040 is hereby amended to read as follows:

6-19      502.040  1.  The Commission shall adopt regulations

6-20  [regarding:] establishing:

6-21      (a) The procedures for applying to become a license agent.

6-22      (b) The standards to be met by license agents in the performance

6-23  of their duties . [;

6-24      (b)] (c) The requirements for the furnishing of surety bonds by

6-25  license agents . [;

6-26      (c)] (d) The manner of remitting money to the Division . [; and

6-27      (d)] (e) The manner of accounting for licenses, tags, stamps ,

6-28  [and] permits and other documents received, issued, sold or

6-29  returned.

6-30  A license agent’s authority may be revoked by the Division for his

6-31  failure to abide by the regulations of the Commission. The agent

6-32  may appeal to the Commission for reinstatement.

6-33      2.  An application to become a license agent must be

6-34  accompanied by a fee for processing the application. The base

6-35  amount of the fee is $100, and the actual amount of the fee must

6-36  be adjusted at least every other year, pursuant to section 3 of this

6-37  act, to reflect changes in the Consumer Price Index.

6-38      3.  A license agent designated by the Division is responsible for

6-39  the correct issuance of all licenses, tags, stamps , [and] permits and

6-40  other documents entrusted to him[,] and, so far as he is able, for

6-41  ensuring that no licenses are issued upon the false statement of an

6-42  applicant. Before issuing any license, the license agent shall satisfy

6-43  himself of the identity of the applicant and the place of his

6-44  residence, and may require any applicant to present proof of his

6-45  identity and residence.

7-1  [3.] 4.  A license agent is responsible to the Division for the

7-2  collection of the correct and required fee, for the safeguarding of

7-3  the money collected by him[,] and for the prompt remission to the

7-4  Division for deposit in accordance with NRS 501.356 of all money

7-5  collected. The Division shall furnish to the license agent receipts for

7-6  all money which he remits to it. A license agent shall furnish a

7-7  receipt to the Division of all licenses, tags, stamps , [or] permits and

7-8  other documents which he receives from it.

7-9  [4.] 5.  For each license, tag, stamp , [or] permit or other

7-10  document he sells, a license agent is entitled to receive a service fee

7-11  of:

7-12      (a) One dollar for each license, tag [or permit,] , permit or other

7-13  document, in addition to the fee for the license, tag [or permit;] ,

7-14  permit or other document; and

7-15      (b) Ten cents for each stamp.

7-16      [5.] 6.  Any person authorized to enforce this chapter may

7-17  inspect, during the license agent’s normal business hours, any record

7-18  or document of the agent relating to the issuance of any such

7-19  license, stamp, tag [or permit.] , permit or other document.

7-20      [6.] 7.  All money collected by a license agent, except service

7-21  fees collected pursuant to subsection [4,] 5, is public money of the

7-22  State of Nevada, and the State has a prior claim for the amount of

7-23  money due it upon all assets of the agent over all creditors,

7-24  assignees or other claimants. The use of this money for private or

7-25  business transactions is a misuse of public [funds] money and

7-26  punishable under the laws provided.

7-27      Sec. 13.  NRS 502.072 is hereby amended to read as follows:

7-28      502.072  The Division shall issue [without charge] any license

7-29  authorized under the provisions of this chapter, upon satisfactory

7-30  proof of the requisite facts and payment of the appropriate fee set

7-31  forth in NRS 502.245, to any bona fide resident of the State of

7-32  Nevada who has incurred a service-connected disability which is

7-33  considered to be 50 percent or more by the Department of Veterans

7-34  Affairs and has received upon severance from service an honorable

7-35  discharge or certificate of satisfactory service from the Armed

7-36  Forces of the United States.

7-37      Sec. 14.  NRS 502.077 is hereby amended to read as follows:

7-38      502.077  1.  The Division shall issue special fishing permits to

7-39  [the administrative head of:

7-40      (a) Northern Nevada Adult Mental Health Services;

7-41      (b) Southern Nevada Adult Mental Health Services;

7-42      (c) The Northern Nevada Children’s Home;

7-43      (d) The Southern Nevada Children’s Home;

7-44      (e) The Nevada Youth Training Center;

7-45      (f) The Caliente Youth Center;

8-1  (g) The Spring Mountain Youth Camp;

8-2  (h) The China Spring Youth Camp;

8-3  (i) Any facility] each:

8-4  (a) Public or private mental health facility or hospital that

8-5  provides mental health services;

8-6  (b) Public or private facility for the detention or correctional

8-7  care of juveniles;

8-8  (c) Rehabilitation center within a hospital;

8-9  (d) Facility or establishment that provides care for older

8-10  persons;

8-11      (e) Facility which provides temporary foster care for children

8-12  who are not delinquent; and

8-13      [(j) Such other public or charitable institutions or organizations

8-14  as are designated by regulations adopted by the Commission, for use

8-15  only by the members, patients or children of such institutions or

8-16  organizations.]

8-17      (f) Club or other social group operated for the benefit of

8-18  disadvantaged or at-risk children.

8-19      2.  The permits:

8-20      (a) Must be in the possession of the officer or employee of the

8-21  organization who is supervising a member, patient or child while he

8-22  is fishing.

8-23      (b) Authorize a member, patient or child to fish in a legal

8-24  manner if in the company of an officer or employee of one of the

8-25  [institutions] organizations listed in this section[, or of an

8-26  organization provided for by regulation,] if the officer or employee

8-27  has a valid Nevada fishing license.

8-28      (c) Must be issued pursuant and subject to regulations

8-29  prescribed by the Commission.

8-30      (d) Must contain the words “Nevada Special Fishing Permit”

8-31  and the number of the permit printed on the face of the permit.

8-32      (e) May authorize no more than 15 members, patients or

8-33  children, respectively, to fish.

8-34      3.  Each [institution or] organization shall pay to the Division

8-35  an annual fee [of $15] , the base amount of which is $25, for each

8-36  permit issued to the [institution or] organization pursuant to this

8-37  section. The actual amount of the fee must be adjusted at least

8-38  every other year, pursuant to section 3 of this act, to reflect

8-39  changes in the Consumer Price Index. The Division shall not issue

8-40  more than two permits per year to each [institution or] organization.

8-41      4.  It is unlawful for any person other than a member, patient or

8-42  child in one of these organizations [or institutions] to fish with a

8-43  permit issued by the Division pursuant to this section.

 

 

9-1  Sec. 15.  NRS 502.130 is hereby amended to read as follows:

9-2  502.130  1.  In addition to the regular hunting licenses and

9-3  trapping licenses provided for in this chapter, additional licenses, to

9-4  be known as tags, are required to hunt any deer, elk, antelope,

9-5  mountain sheep or bear.

9-6  2.  Whenever it is determined by the Commission that it is

9-7  necessary for correct management:

9-8  (a) Tags also may be required to hunt, trap or fish for any other

9-9  species of wildlife. The [tags may be used in any area in the State

9-10  during the regular season and may not be limited in number or to

9-11  any area, unless a special season has been designated in a

9-12  management area, in which case the] Commission may limit the

9-13  number of tags to be used in [that] a management area.

9-14      (b) Permits and seals may be required to hunt, trap, fish or to

9-15  possess any species of wildlife.

9-16      3.  The Commission shall set the fee for all permits and seals

9-17  issued pursuant to paragraph (b) of subsection 2.

9-18      Sec. 16.  NRS 502.145 is hereby amended to read as follows:

9-19      502.145  1.  An owner, lessee or manager of private land in

9-20  this state may apply to the Division for the issuance to him of one or

9-21  more deer or antelope tags as provided in this section. The tags must

9-22  be issued as compensation for damage caused by deer or antelope to

9-23  the private land or to any improvements thereon.

9-24      2.  An application made pursuant to this section must:

9-25      (a) Be made in the form prescribed by the Division;

9-26      (b) Establish to the satisfaction of the Division that the applicant

9-27  has sustained damage of the kind described in subsection 1; and

9-28      (c) Be accompanied by the fee charged for the tags pursuant to

9-29  NRS 502.250 and any fee charged for administrative costs.

9-30      3.  The Division shall review the application, may conduct any

9-31  investigation it deems appropriate and, if it approves the application,

9-32  shall issue to the applicant not more than one tag for each 50

9-33  animals present on the private land owned, leased or managed by

9-34  the applicant. Both deer and antelope tags may be issued to an

9-35  applicant.

9-36      4.  A tag issued as compensation for damage pursuant to this

9-37  section:

9-38      (a) May be used by the owner, lessee or manager of the private

9-39  land if he holds a valid Nevada hunting license, or may be sold by

9-40  that person to any holder of a valid Nevada hunting license at any

9-41  price mutually agreed upon;

9-42      (b) Except as otherwise provided in subparagraph (2) of

9-43  paragraph (c) , [of this subsection,] must be used on the private land

9-44  or in the unit or units within the management area or areas in which

9-45  the private land is located; and

10-1      (c) May only be used during:

10-2          (1) The open season for the species for which the tag is

10-3  issued; or

10-4          (2) A [special] season prescribed by regulation of the

10-5  Commission for the use of such tags only on the private land.

10-6      5.  As a condition of receiving a tag from the Division pursuant

10-7  to this section, an owner, lessee or manager who is lawfully in

10-8  control of private land that blocks access to adjacent public land

10-9  must provide access to the public land during the hunting season to

10-10  a person or hunting party with a tag for the purpose of hunting on

10-11  the public land.

10-12     6.  Insofar as they are consistent with this section, the

10-13  provisions of this title and of the regulations adopted by the

10-14  Commission apply to the issuance and use of tags pursuant to this

10-15  section. The Commission:

10-16     (a) Shall by regulation establish the maximum number of tags

10-17  which may be issued annually by the Division pursuant to this

10-18  section, which must not exceed 1.5 percent of the total number of

10-19  deer and antelope tags which are authorized for issuance annually

10-20  throughout the State; and

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

10-22  out the provisions of this section.

10-23     7.  The Administrator shall, not later than the fifth calendar day

10-24  of each regular session of the Legislature, submit to the Director of

10-25  the Legislative Counsel Bureau for distribution to the Legislature a

10-26  report summarizing the activities of the Division taken pursuant to

10-27  the provisions of this section during the preceding biennium,

10-28  including any problems associated with the issuance and use of tags

10-29  authorized by this section and any recommendations for correcting

10-30  those problems.

10-31     Sec. 17.  NRS 502.148 is hereby amended to read as follows:

10-32     502.148  1.  Except as otherwise provided in this subsection,

10-33  any person who wishes to apply for a restricted nonresident deer tag

10-34  pursuant to NRS 502.147 must complete an application on a form

10-35  prescribed and furnished by the Division. A licensed master guide

10-36  may complete the application for an applicant. The application must

10-37  be signed by the applicant and the master guide who will be

10-38  responsible for conducting the restricted nonresident deer hunt.

10-39     2.  The application must be accompanied by a fee for the tag

10-40  [of] , the base amount of which is $300, plus any other fees which

10-41  the Division may require. The Commission shall establish the time

10-42  limits and acceptable methods for submitting such applications to

10-43  the Division. The actual amount of the fee set forth in this

10-44  subsection must be adjusted at least every other year, pursuant to

11-1  section 3 of this act, to reflect changes in the Consumer Price

11-2  Index.

11-3      3.  Any application for a restricted nonresident deer tag which

11-4  contains an error or omission must be rejected and the fee for the tag

11-5  returned to the applicant.

11-6      4.  A person who is issued a restricted nonresident deer tag is

11-7  not eligible to apply for any other deer tag issued in this state for the

11-8  same hunting season as that restricted nonresident deer hunt.

11-9      5.  All fees collected pursuant to this section must be deposited

11-10  with the State Treasurer for credit to the Wildlife Account in the

11-11  State General Fund.

11-12     Sec. 18.  NRS 502.175 is hereby amended to read as follows:

11-13     502.175  1.  The Division shall contract with a private entity to

11-14  conduct a drawing and to award and issue the tags [for a special

11-15  season.] or permits as established by the Commission. The drawing

11-16  must be conducted using a computer program that awards tags or

11-17  permits based on a random order of selection. The contract must

11-18  provide for the acquisition by the Division of the ownership of the

11-19  computer program at the end of the term of the contract. The

11-20  Division shall solicit bids for the contract pursuant to the provisions

11-21  of chapter 333 of NRS.

11-22     2.  The Division shall:

11-23     (a) Provide to the private entity to whom a contract is awarded

11-24  pursuant to the provisions of subsection 1 any applications for tags,

11-25  permits, documents or other information required by the private

11-26  entity to conduct the drawing; and

11-27     (b) Otherwise cooperate with the private entity in conducting the

11-28  drawing.

11-29     3.  As soon as practicable after the drawing is completed, the

11-30  private entity shall submit the results of the drawing to the Division.

11-31     4.  If no private entity qualifies for the awarding of the contract

11-32  specified in subsection 1, the Division shall conduct a drawing to

11-33  award tags [for a special season] or permits in the manner set forth

11-34  in the regulations adopted by the Commission pursuant to the

11-35  provisions of subsection 5.

11-36     5.  The Commission shall adopt regulations necessary to carry

11-37  out the provisions of this section, including regulations that

11-38  prescribe the manner in which the Division [must] shall conduct a

11-39  drawing specified in subsection 1 if no private entity qualifies for

11-40  the awarding of the contract.

11-41     Sec. 19.  NRS 502.190 is hereby amended to read as follows:

11-42     502.190  1.  Tags for hunting wildlife [in regular season by

11-43  nonresident hunters] may be limited to a certain number in any

11-44  management area, which management area may include all of any

12-1  county, any portion of any county[,] or any continuous area in

12-2  adjacent counties.

12-3      2.  Whenever a limit is placed upon the number of tags

12-4  available to [nonresident] hunters in any management area , the

12-5  Commission shall determine the manner in which the tags are

12-6  issued, whether by lot or by sale to first applicants, the manner of

12-7  application, the manner of delivering the tags and other necessary

12-8  matters.

12-9      3.  Whenever applications, money or tags and licenses are

12-10  entrusted to the mails , the Commission is not responsible for loss or

12-11  delay in the mails.

12-12     Sec. 20.  NRS 502.200 is hereby amended to read as follows:

12-13     502.200  [It] Except as otherwise authorized pursuant to

12-14  regulations adopted by the Commission, it is unlawful for any

12-15  [nonresident] hunter:

12-16     1.  To obtain tags or permits for more than one management

12-17  area . [in regular season.]

12-18     2.  To use tags in any management area or at any time other

12-19  than at the time and place intended.

12-20     Sec. 21.  NRS 502.210 is hereby amended to read as follows:

12-21     502.210  A duplicate tag may not be issued except as follows:

12-22     1.  Upon receiving an affidavit of an applicant that a tag

12-23  previously issued has been lost , stolen or destroyed and upon

12-24  payment of a fee [of $5,] , the base amount of which is $10, the

12-25  Division shall issue a duplicate tag to the applicant.

12-26     2.  Upon receiving an affidavit of an applicant that he has not

12-27  received the tag for which he applied and paid the required fee, the

12-28  Division may[, not earlier than 7 days after the date on which the

12-29  tag was mailed,] issue a duplicate tag to the applicant upon payment

12-30  of a fee [of $5.] , the base amount of which is $10.

12-31     3.  The provisions of this section do not affect the issuance of a

12-32  replacement tag pursuant to NRS 502.215.

12-33     4.  The actual amount of the fees established pursuant to this

12-34  section must be adjusted at least every other year, pursuant to

12-35  section 3 of this act, to reflect changes in the Consumer Price

12-36  Index.

12-37     Sec. 22.  NRS 502.240 is hereby amended to read as follows:

12-38     502.240  1.  The Division shall issue annual licenses and

12-39  limited permits:

12-40     [1.] (a) To any person who has not attained his 16th birthday

12-41  and who has been a bona fide resident of the State of Nevada for 6

12-42  months immediately preceding his application for a license, upon

12-43  payment of [$5] a fee, the base amount of which is $10, for an

12-44  annual trapping license.

13-1      [2.] (b) Except as otherwise provided in NRS 502.245 and

13-2  504.390, to any person who has attained his 16th birthday and who

13-3  has been a bona fide resident of the State of Nevada for 6 months

13-4  immediately preceding his application for a license, upon the

13-5  payment of[:] a fee, the base amount of which is:

 

13-6  For a fishing license................. [$20] $25

13-7  For a 1-day permit to fish................. [6] 8

13-8  For each consecutive day added to a 1-day permit

13-9  to fish................................................. [2] 3

13-10  For a hunting license.................... [23] 29

13-11  For a combined hunting and fishing license   [38] 48

13-12  For a trapping license................... [30] 38

13-13  For a fur dealer’s license............. [50] 63

13-14  For an annual master guide’s license[250] 300

13-15  For an annual subguide’s license[75] 95

 

13-16     [3.  To any person who has attained his 12th birthday but who

13-17  has not attained his 16th birthday, and who is not a bona fide

13-18  resident of the State of Nevada, upon the payment of $8 for an

13-19  annual fishing license, except for a fishing license to fish in the

13-20  reciprocal waters of the Colorado River, Lake Mead and Lake

13-21  Mohave, which annual license must cost a sum agreed upon by the

13-22  Commission and the Arizona Game and Fish Commission, but not

13-23  to exceed $30.

13-24     4.  Except as otherwise provided in subsection 3, to]

13-25     (c) To any person who is not a bona fide resident of the State of

13-26  Nevada, upon the payment of[:

 

13-27  For a fishing license, except for a fishing license

13-28  to fish in the reciprocal waters of the Colorado

13-29  River, Lake Mead and Lake Mohave, which

13-30  license must cost a sum agreed upon by the

13-31  Commission and the Arizona Game and Fish

13-32  Commission, but not to exceed $30$50]

13-33  a fee, the base amount of which is:

 

13-34  For an annual fishing license......... $63

13-35  For a 1-day permit to fish............ [11] 14

13-36  For each consecutive day added to a 1-day permit

13-37  to fish................................................ [4] 6

13-38  For a hunting license............... [110] 138

13-39  For a combined hunting and fishing license       195

13-40  For an annual trapper’s license[150] 188

13-41  For a fur dealer’s license......... [100] 125

14-1  For an annual master guide’s license[500] $625

14-2  For an annual subguide’s license[150] 188

14-3  For a 1-day permit to hunt upland game and

14-4  waterfowl...................................... [15] 19

14-5  For each consecutive day added to a 1-day permit

14-6  to hunt upland game and waterfowl. [5] 7

 

14-7      [5.] (d) To any person, without regard to residence, upon the

14-8  payment of[:] a fee, the base amount of which is:

 

14-9  For a noncommercial license for the possession

14-10  of live wildlife............................ [$5] $15

14-11  For a commercial or private shooting preserve       [100] 125

14-12  For a commercial license for the possession of

14-13  live wildlife.............................. [100] 500

14-14  For a live bait dealer’s permit...... [35] 44

14-15  For a competitive field trials permit[25] 31

14-16  For a permit to train dogs or falcons[5] 15

14-17  For a 1-year falconry license....... [30] 38

14-18  For a 3-year falconry license....... [75] 94

14-19  For an importation permit.............. [5] 15

14-20  For an import eligibility permit... [25] 31

14-21  For an exportation permit.............. [5] 15

14-22  For any other special permit issued by the Division, a fee not

14-23  to exceed [$100] the highest fee established for any other

14-24  special permit set by the Commission.

 

14-25     2.  The actual amount of any fee set forth in this section must

14-26  be adjusted at least every other year, pursuant to section 3 of this

14-27  act, to reflect changes in the Consumer Price Index.

14-28     Sec. 23.  NRS 502.245 is hereby amended to read as follows:

14-29     502.245  1.  The Division shall issue any hunting or fishing

14-30  license or combined hunting and fishing license authorized under

14-31  the provisions of this chapter, upon proof satisfactory of the

14-32  requisite facts and payment of the applicable fee, to any person who

14-33  has resided in this state:

14-34     (a) For the 6-month period immediately preceding the date of

14-35  his application for a license and:

14-36         (1) Has a severe physical disability; [or]

14-37         (2) Has attained his 12th birthday but has not attained his

14-38  16th birthday;

14-39         (3) Is a disabled veteran as set forth in NRS 502.072;

14-40         (4) Is a resident Native American as set forth in NRS

14-41  502.280; or

15-1          (5) Is a bona fide resident of the State of Nevada on active

15-2  duty in the Armed Forces of the United States, but not stationed in

15-3  this state, as set forth in NRS 502.290; or

15-4      (b) Continuously for 5 years immediately preceding the date of

15-5  this application for a license and is 65 years of age or older.

15-6      2.  The Division shall charge and collect [for such a:

 

15-7  Hunting license...................................... $4

15-8  Fishing license......................................... 4

15-9  Combined hunting and fishing license.. 7]

15-10  a fee, the base amount of which is:

15-11  For a hunting license......................... $9

15-12  For a fishing license............................. 9

15-13  For a combined hunting and fishing license       17

 

15-14     3.  The actual amount of any fee set forth in this section must

15-15  be adjusted at least every other year, pursuant to section 3 of this

15-16  act, to reflect changes in the Consumer Price Index.

15-17     4.  For the purposes of this section, “severe physical disability”

15-18  means a physical disability which materially limits the person’s

15-19  ability to engage in gainful employment.

15-20     Sec. 24.  NRS 502.250 is hereby amended to read as follows:

15-21     502.250  1.  [Except as otherwise provided in this section, the

15-22  following fees must be charged for tags:] The base amount of the

15-23  fee that must be charged for the following tags is:

 

15-24  Resident deer tag [for regular season$15

15-25  Nonresident and alien deer tag for regular season   60] $30

15-26  Resident antelope tag................... [50] 60

15-27  Resident elk tag........................ [100] 120

15-28  Resident bighorn tag................ [100] 120

15-29  Resident mountain goat tag..... [100] 120

15-30  Resident mountain lion tag.................. 25

15-31  Nonresident deer tag........................ 240

15-32  Nonresident antelope tag................. 300

15-33  Nonresident elk tag....................... 1,200

15-34  Nonresident bighorn tag............... 1,200

15-35  Nonresident mountain goat tag... 1,200

15-36  Nonresident mountain lion tag....... 100

 

15-37     2.  [Other] The amount of the fee for other resident or

15-38  nonresident big game tags [for special seasons must not exceed

15-39  $50. Other nonresident big game tags for special seasons] must not

15-40  exceed [$1,000.

16-1      3.  Tags] the highest fee for a resident or nonresident big

16-2  game tag established pursuant to this section.

16-3      3.  The amount of the fee for a tag determined to be necessary

16-4  by the Commission for other species pursuant to NRS 502.130 must

16-5  not exceed [$100.] the highest fee for a resident or nonresident tag

16-6  established pursuant to this section.

16-7      4.  A fee [not to exceed] , the base amount of which is $10 ,

16-8  may be charged for processing an application for a [tag] game

16-9  species or permit other than an application for an elk . [tag.] A fee

16-10  [of not less than $5 but not more than] , the base amount of which

16-11  is $15 , must be charged for processing an application for an elk .

16-12  [tag, $5 of which] Five dollars of the revenue from the fee for

16-13  processing an application for an elk must be deposited with the

16-14  State Treasurer for credit to the Wildlife Account in the State

16-15  General Fund and used for the prevention and mitigation of damage

16-16  caused by elk or game mammals not native to this state.

16-17     5.  The actual amount of any fee set forth in this section must

16-18  be adjusted at least every other year, pursuant to section 3 of this

16-19  act, to reflect changes in the Consumer Price Index.

16-20     6.  The Commission may accept sealed bids for or auction not

16-21  more than 15 big game tags and not more than 5 wild turkey tags

16-22  each year. To reimburse the Division for the cost of managing

16-23  wildlife and administering and conducting the bid or auction, not

16-24  more than 18 percent of the total amount of money received from

16-25  the bid or auction may be deposited with the State Treasurer for

16-26  credit to the Wildlife Account in the State General Fund. Any

16-27  amount of money received from the bid or auction that is not so

16-28  deposited must be deposited with the State Treasurer for credit to

16-29  the Wildlife Heritage Trust Account in the State General Fund in

16-30  accordance with the provisions of NRS 501.3575.

16-31     [6.] 7. The Commission may by regulation establish an

16-32  additional drawing for big game tags, which may be entitled the

16-33  Partnership in Wildlife Drawing. To reimburse the Division for

16-34  the cost of managing wildlife and administering and conducting the

16-35  drawing, not more than 18 percent of the total amount of money

16-36  received from the drawing may be deposited with the State

16-37  Treasurer for credit to the Wildlife Account in the State General

16-38  Fund. Except as otherwise provided by regulations adopted by the

16-39  Commission pursuant to subsection [7,] 8, the money received by

16-40  the Division from applicants in the drawing who are not awarded

16-41  big game tags must be deposited with the State Treasurer for credit

16-42  to the Wildlife Heritage Trust Account in accordance with the

16-43  provisions of NRS 501.3575.

17-1      [7.] 8. The Commission may adopt regulations which authorize

17-2  the return of all or a portion of any fee collected from a person

17-3  pursuant to the provisions of this section.

17-4      Sec. 25.  NRS 502.253 is hereby amended to read as follows:

17-5      502.253  1.  In addition to any fee charged and collected

17-6  pursuant to NRS 502.250, a fee [of] , the base amount of which is

17-7  $3 , must be charged for processing each application for a game tag .

17-8  [, the] The revenue from [which] this fee must be accounted for

17-9  separately, deposited with the State Treasurer for credit to the

17-10  Wildlife Account in the State General Fund and used by the

17-11  Division for costs related to:

17-12     (a) Programs for the management and control of injurious

17-13  predatory wildlife;

17-14     (b) Wildlife management activities relating to the protection of

17-15  nonpredatory game animals, sensitive wildlife species and related

17-16  wildlife habitat;

17-17     (c) Conducting research, as needed, to determine successful

17-18  techniques for managing and controlling predatory wildlife,

17-19  including studies necessary to ensure effective programs for the

17-20  management and control of injurious predatory wildlife; and

17-21     (d) Programs for the education of the general public concerning

17-22  the management and control of predatory wildlife.

17-23     2.  The actual amount of the fee set forth in this section must

17-24  be adjusted at least every other year, pursuant to section 3 of this

17-25  act, to reflect changes in the Consumer Price Index.

17-26     3.  The Division [of Wildlife] is hereby authorized to expend a

17-27  portion of the money collected pursuant to [subsection 1] this

17-28  section to enable the State Department of Agriculture to develop

17-29  and carry out the programs described in subsection 1.

17-30     [3.] 4.  The money in the Wildlife Account remains in the

17-31  Account and does not revert to the State General Fund at the end of

17-32  any fiscal year.

17-33     Sec. 26.  NRS 502.280 is hereby amended to read as follows:

17-34     502.280  1.  All resident [Indians] Native Americans of the

17-35  State of Nevada are [exempt from the payment of fees] eligible for

17-36  fishing and hunting licenses[.] upon payment of the appropriate

17-37  fees as set forth in NRS 502.245.

17-38     2.  When applying for [free fishing and hunting licenses,

17-39  resident Indians] a hunting or fishing license, a resident Native

17-40  American of the State of Nevada shall exhibit [to the county clerk

17-41  or license agent written identification signed by an officer of the

17-42  Bureau of Indian Affairs of the United States Department of the

17-43  Interior, or] a document issued in this state by the chairman of a

17-44  tribal council or chief of [an Indian] a Native American tribe, or an

17-45  officer of a reservation, colony or educational institution, stating that

18-1  the bearer is a resident [Indian] Native American of the State of

18-2  Nevada.

18-3      3.  Before hunting for deer or big game off an Indian

18-4  reservation in this state , all resident [Indians, otherwise exempt

18-5  under subsection 1, shall] Native Americans must secure resident

18-6  deer tags or other resident big game tags and pay the fee provided

18-7  therefor in NRS 502.250.

18-8      Sec. 27.  NRS 502.290 is hereby amended to read as follows:

18-9      502.290  1.  The Commission [is authorized to] may issue to

18-10  those persons serving in the Armed Forces of the United States who

18-11  are bona fide residents of the State of Nevada fishing or hunting

18-12  licenses, upon the payment of [$5] the appropriate fee set forth in

18-13  NRS 502.245 for each license, provided those persons requesting

18-14  the licenses are at the time on active duty in the Armed Forces of the

18-15  United States and are not stationed in the State of Nevada.

18-16     2.  The Commission may require whatever proof it deems

18-17  necessary to determine whether such persons come within the

18-18  provisions of this section.

18-19     3.  Any person who is guilty of giving false information to

18-20  obtain a license as provided in this section is guilty of a

18-21  misdemeanor.

18-22     Sec. 28.  NRS 502.300 is hereby amended to read as follows:

18-23     502.300  1.  Except as otherwise provided in subsection 2, it is

18-24  unlawful for any person to hunt any migratory game bird, except

18-25  jacksnipe, coot, gallinule, western mourning dove, white-winged

18-26  dove and band-tailed pigeon[,] unless at the time he is hunting he

18-27  carries on his person:

18-28     (a) An unexpired state duck stamp validated by his signature in

18-29  ink across the face of the stamp; or

18-30     (b) Such documentation as the Division provides [via the

18-31  Internet] as proof that he has paid to the Division, for the licensing

18-32  period that includes the time he is hunting, the same fee as that

18-33  required pursuant to subsection 3 for the purchase of an unexpired

18-34  state duck stamp for that period.

18-35     2.  The provisions of subsection 1 do not apply to a person who:

18-36     (a) Is under the age of 12 years; or

18-37     (b) Is 65 years of age or older.

18-38     3.  Unexpired duck stamps must be sold for a fee [of not more

18-39  than $5 each] , the base amount of which is $10, by the Division

18-40  and by persons authorized by the Division to sell hunting licenses.

18-41  The Commission shall establish the price to be charged by the

18-42  Division or agents of the Division for expired duck stamps . [, and

18-43  the fee for unexpired duck stamps within the limit provided.] The

18-44  actual amount of the fee set forth in this subsection must be

19-1  adjusted at least every other year, pursuant to section 3 of this act,

19-2  to reflect changes in the Consumer Price Index.

19-3      4.  The Division shall determine the form of the stamps.

19-4      Sec. 29.  NRS 502.326 is hereby amended to read as follows:

19-5      502.326  1.  Except as otherwise provided in subsection 2, it is

19-6  unlawful for any person to take or possess trout unless at the time he

19-7  is fishing he carries on his person:

19-8      (a) An unexpired state trout stamp affixed to his fishing license

19-9  and validated by his signature in ink across the face of the stamp; or

19-10     (b) Such documentation as the Division provides [via the

19-11  Internet] as proof that he has paid to the Division, for the licensing

19-12  period that includes the time he is fishing, the same fee as that

19-13  required pursuant to subsection 3 for the purchase of a state trout

19-14  stamp for that period.

19-15     2.  The provisions of subsection 1 do not apply to a person who:

19-16     (a) Is under the age of 12; or

19-17     (b) Is fishing:

19-18         (1) Under the authority of a valid 1-day permit to fish or

19-19  during a consecutive day validly added to that permit; or

19-20         (2) In accordance with regulations adopted by the

19-21  Commission pursuant to subparagraph (2) of paragraph (e) of

19-22  subsection 1 of NRS 502.010.

19-23     3.  State trout stamps must be sold for a fee [of $10 each] , the

19-24  base amount of which is $10, by the Division and by persons

19-25  authorized by the Division to sell hunting, fishing and trapping

19-26  licenses. The actual amount of this fee must be adjusted at least

19-27  every other year, pursuant to section 3 of this act, to reflect

19-28  changes in the Consumer Price Index.

19-29     4.  The Division shall determine the form of the stamps.

19-30     Sec. 30.  NRS 502.350 is hereby amended to read as follows:

19-31     502.350  1.  The Commission may authorize an instructor to

19-32  collect a fee[of not more than] , the base amount of which is $5 ,

19-33  from each person obtaining instruction in the responsibilities of

19-34  hunters.

19-35     2.  The Commission may authorize the imposition of an

19-36  administrative fee [of not more than] , the base amount of which is

19-37  $5 , for the issuance of a duplicate certificate of successful

19-38  completion of the course.

19-39     3.  The actual amount of any fee set forth in this section must

19-40  be adjusted at least every other year, pursuant to section 3 of this

19-41  act, to reflect changes in the Consumer Price Index.

19-42     Sec. 31.  NRS 502.370 is hereby amended to read as follows:

19-43     502.370  1.  A license to practice taxidermy is required before

19-44  any person may perform taxidermal services for others on any

19-45  wildlife or their parts, nests or eggs.

20-1      2.  Annual licenses [for the term of 1 year from July 1 to June

20-2  30] must be issued by the Division [for the following fees:] to

20-3  applicants who satisfy the requirements established by the Division

20-4  and pay a fee, the base amount of which is:

 

20-5  Fee to practice commercial taxidermy[$35] $44

20-6  Fee to practice noncommercial taxidermy[5] 20

 

20-7  The actual amount of any fee set forth in this section must be

20-8  adjusted at least every other year, pursuant to section 3 of this act,

20-9  to reflect changes in the Consumer Price Index.

20-10     3.  Any person who wishes to obtain a license to practice

20-11  taxidermy must apply for the license on an application form

20-12  provided by the Division. The applicant must provide such

20-13  information on the form as the Commission may require by

20-14  regulation.

20-15     4.  The Commission may adopt regulations governing the

20-16  licensing of taxidermists and the practice of taxidermy, including:

20-17     (a) The receipt, possession, transportation, identification,

20-18  purchase and sale of wildlife or parts thereof to be or which have

20-19  been processed by a taxidermist;

20-20     (b) The maintenance and submission of written records; and

20-21     (c) Any other matter concerning the practice, conduct and

20-22  operating procedures of taxidermists as the Commission may deem

20-23  necessary.

20-24     5.  A person who is authorized to enforce the provisions of this

20-25  title may enter the facilities of a licensee at any reasonable hour and

20-26  inspect his operations and records.

20-27     6.  If a licensee is convicted of a violation of any provision of

20-28  this title or the regulations adopted by the Commission, the

20-29  Commission may revoke his license and may refuse to issue another

20-30  license to him for a period not to exceed 5 years.

20-31     7.  The provisions of this section do not apply to institutions of

20-32  learning of this state or of the United States, or to research activities

20-33  conducted exclusively for scientific purposes, or for the

20-34  advancement of agriculture, biology or any of the sciences.

20-35     Sec. 32.  NRS 502.390 is hereby amended to read as follows:

20-36     502.390  1.  Any:

20-37     (a) Person who develops or maintains an artificial or man-made

20-38  body of water, other than a body of water maintained for

20-39  agricultural or recreational purposes, containing chemicals or

20-40  substances in quantities which, with the normal use of the body of

20-41  water, causes or will cause the death of any wildlife; or

21-1      (b) Operator of a mining operation which develops or maintains

21-2  an artificial body of water containing chemicals directly associated

21-3  with the processing of ore,

21-4  must first obtain a permit from the Division authorizing the

21-5  development or maintenance of the body of water.

21-6      2.  Within 30 working days after receiving an application for a

21-7  permit, the Division shall issue the permit or deny the application

21-8  and list the reasons for denial. An applicant may appeal the denial of

21-9  a permit to the Commission. A permit may be valid for up to 5

21-10  years. The [Commission may establish] applicant must pay a fee for

21-11  a permit [of not more than $100] , the base amount of which is

21-12  $125 per year[.] , except that the base amount of a fee for a permit

21-13  issued for period of less than 6 months in duration is $68. The

21-14  actual amount of any fee set forth in this section must be adjusted

21-15  at least every other year, pursuant to section 3 of this act, to reflect

21-16  changes in the Consumer Price Index.

21-17     3.  Upon the transfer of ownership of any artificial or man-made

21-18  body of water as to which a permit issued pursuant to this section is

21-19  in force at the time of the transfer, the permit remains in effect for

21-20  30 days after the transfer of ownership.

21-21     4.  A person holding a permit issued pursuant to this section

21-22  shall, in addition to the fee for the permit, pay to the Division an

21-23  assessment. The amount of the assessment must be determined

21-24  pursuant to regulations adopted by the Commission. The assessment

21-25  must be no more than $10,000 per year for each permit.

21-26     5.  Any person who fails to obtain a permit or pay an

21-27  assessment as required by this section and the regulations adopted

21-28  pursuant thereto or who fails to comply with the provisions of a

21-29  permit is guilty of a misdemeanor for the first offense and a gross

21-30  misdemeanor for any subsequent offense.

21-31     6.  As used in this section:

21-32     (a) “Mining operation” means any activity conducted in this

21-33  state by a person on or beneath the surface of land for the purpose

21-34  of, or in connection with, the development or extraction of any

21-35  mineral.

21-36     (b) “Operator” means any person who owns, controls or

21-37  manages a mining operation.

21-38     Sec. 33.  NRS 503.290 is hereby amended to read as follows:

21-39     503.290  1.  Except as otherwise provided in subsection 2, it is

21-40  unlawful for any person to fish in or from any of the waters of the

21-41  State of Nevada for any fish of any species in any manner other than

21-42  with hook and line attached to a rod or reel closely attended in the

21-43  manner known as angling. Only one combination of hook, line and

21-44  rod must be used by one person at any time, except that a second

22-1  combination of hook, line and rod may be used by a person if the

22-2  person:

22-3      (a) Purchases from the Division or a license agent of the

22-4  Division a stamp , [or] permit or such documentation as may be

22-5  provided by the Division for a second rod;

22-6      (b) Uses the rod in the manner prescribed in this section; and

22-7      (c) Has in his possession a valid fishing license, combined

22-8  hunting and fishing license or permit to fish issued to him by the

22-9  Division[.] , or such documentation as the Division provides as

22-10  proof that he has paid to the Division, for the licensing period that

22-11  includes the time he is fishing, the fee required pursuant to this

22-12  section.

22-13  The base amount of the fee for the stamp , [or] permit or

22-14  documentation is $10, and the stamp, permit or documentation is

22-15  valid only for the period for which it is issued. The actual amount

22-16  of the fee must be adjusted at least every other year, pursuant to

22-17  section 3 of this act, to reflect changes in the Consumer Price

22-18  Index.

22-19     2.  The Commission may by regulation authorize other methods

22-20  for taking fish. Frogs may be taken by spear, bow and arrow, hook

22-21  and line or by other methods authorized by the Commission’s

22-22  regulation.

22-23     3.  For the purposes of this section, “hook” includes not more

22-24  than three baited hooks, not more than three fly hooks or not more

22-25  than two plugs or similar lures. No more than two such plugs or

22-26  lures, irrespective of the number of hooks or attractor blades

22-27  attached thereto, may be attached to the line.

22-28     Sec. 34.  NRS 503.425 is hereby amended to read as follows:

22-29     503.425  1.  Before a person may use any vacuum or suction

22-30  dredge equipment in any river, stream or lake of this state, he must

22-31  submit an application to the Division. The application must be

22-32  accompanied by a fee [of $5] , the base amount of which is $15,

22-33  and must specify the type and size of equipment to be used and its

22-34  location. If the Division determines that the operations will not be

22-35  deleterious to fish , it shall issue a permit to the applicant. The

22-36  actual amount of the fee set forth in this section must be adjusted

22-37  at least every other year, pursuant to section 3 of this act, to reflect

22-38  changes in the Consumer Price Index.

22-39     2.  A permit issued pursuant to subsection 1 does not authorize

22-40  the recipient to use any equipment in any navigable body of water

22-41  unless the recipient has obtained the appropriate permit for such a

22-42  use from the State Land Registrar.

22-43     3.  It is unlawful for any person to:

22-44     (a) Conduct dredging operations without securing a permit

22-45  pursuant to subsection 1;

23-1      (b) Operate any equipment other than that specified in the

23-2  permit; or

23-3      (c) Conduct a dredging operation outside the area designated on

23-4  the permit.

23-5      Sec. 35.  NRS 503.452 is hereby amended to read as follows:

23-6      503.452  Each trap, snare or similar device used in the taking of

23-7  wild mammals may bear a number registered with the Division or be

23-8  permanently marked with the name and address of the owner or

23-9  trapper using it. If a trap is registered, the registration is permanent.

23-10  [A] The base amount of the registration fee [of $5] is $10. The

23-11  actual amount of the fee must be adjusted at least every other year,

23-12  pursuant to section 3 of this act, to reflect changes in the

23-13  Consumer Price Index. The registration fee for each registrant is

23-14  payable only once, at the time the first trap, snare or similar device

23-15  is registered.

23-16     Sec. 36.  NRS 503.650 is hereby amended to read as follows:

23-17     503.650  Nothing in this title:

23-18     1.  Prohibits any person, upon the written permit of the

23-19  Division, from taking, killing, possessing or banding any species of

23-20  wildlife, or collecting the nest or eggs thereof, for strictly scientific

23-21  or educational purposes, the number and species of wildlife to be

23-22  limited by the Division.

23-23     2.  Prevents shipping into any other county or state, under a

23-24  written permit issued by the Division, any wildlife for scientific or

23-25  educational purposes.

23-26  The base amount of the fee for a permit to collect wildlife for

23-27  scientific or educational purposes is [$5.] $50. The actual amount

23-28  of the fee must be adjusted at least every other year, pursuant to

23-29  section 3 of this act, to reflect changes in the Consumer Price

23-30  Index.

23-31     Sec. 37.  NRS 504.320 is hereby amended to read as follows:

23-32     504.320  [1.  Before any shooting may be done on such

23-33  commercial or private shooting preserve, the licensee must advise

23-34  the Division, in writing, of the number of each species of upland

23-35  game bird reared, purchased or acquired for liberation, and request,

23-36  and receive in writing, a shooting authorization which states the

23-37  number of each species which may be taken by shooting.

23-38     2.  Birds must be at least 8 weeks of age, full winged, and in a

23-39  condition to go wild before liberation. Before release, all birds must

23-40  be banded with legbands, the specifications of which must be

23-41  determined by commission regulation. Legbands must remain with

23-42  the birds and not be removed until the birds are utilized by the

23-43  hunter.

24-1      3.  The licensee, or with his written permit the holder thereof,

24-2  may take such upland game bird from such licensed preserve by

24-3  shooting only, from August 1 to April 30, inclusive.

24-4      4.  Permits to hunt on such licensed preserve may be used only

24-5  on the date of issuance, and the hunter must carry the permit on his

24-6  person at all times while on the area and while in possession of birds

24-7  taken on such area.] The Commission may establish rules and

24-8  regulations governing the species of upland game birds that may

24-9  be taken on a commercial or private shooting preserve.

24-10     Sec. 38.  NRS 504.390 is hereby amended to read as follows:

24-11     504.390  1.  As used in this section, unless the context requires

24-12  otherwise, “guide” means to assist another person in hunting wild

24-13  mammals or wild birds and fishing and includes the transporting of

24-14  another person or his equipment to hunting and fishing locations

24-15  within a general hunting and fishing area whether or not the guide

24-16  determines the destination or course of travel.

24-17     2.  Every person who provides guide service for compensation

24-18  or provides guide service as an incidental service to customers of

24-19  any commercial enterprise, whether a direct fee is charged for the

24-20  guide service or not, [shall] must obtain a master guide license from

24-21  the Division. Such a license must not be issued to any person who

24-22  has not reached 21 years of age.

24-23     3.  Each person who assists a person who is required to have a

24-24  master guide license and acts as a guide in the course of that activity

24-25  [shall] must obtain a subguide license from the Division. Such a

24-26  license must not be issued to any person who has not reached 18

24-27  years of age.

24-28     4.  Fees for master guide and subguide licenses must be as

24-29  provided in NRS 502.240.

24-30     5.  Any person who desires a master guide license must apply

24-31  for the license on a form prescribed and furnished by the Division.

24-32  The application must contain the social security number of the

24-33  applicant and such other information as the Commission may

24-34  require by regulation. If that person was not licensed as a master

24-35  guide during the previous licensing year, his application must be

24-36  accompanied by a [fee of $500, which is not refundable.]

24-37  nonrefundable fee, the base amount of which is $500. The actual

24-38  amount of the fee must be adjusted at least every other year,

24-39  pursuant to section 3 of this act, to reflect changes in the

24-40  Consumer Price Index.

24-41     6.  Any person who desires a subguide license must apply for

24-42  the license on a form prescribed and furnished by the Division.

24-43     7.  If the holder of a master guide license operates with pack or

24-44  riding animals, he shall also have a grazing or special use permit if

24-45  he operates in any area where such a permit is required.

25-1      8.  The holder of a master guide license shall maintain records

25-2  of the number of hunters and fishermen served, and any other

25-3  information which the Division may require concerning fish and

25-4  game taken by such persons. Such information must be furnished to

25-5  the Division on request.

25-6      9.  If any licensee under this section, or person served by a

25-7  licensee, is convicted of a violation of any provision of this title or

25-8  chapter 488 of NRS, the Commission may revoke the license of the

25-9  licensee and may refuse issuance of another license to the licensee

25-10  for a period not to exceed 5 years.

25-11     10.  The Commission may adopt regulations covering the

25-12  conduct and operation of a guide service.

25-13     11.  The Division may issue master guide and subguide licenses

25-14  to be valid only in certain districts in such a manner as may be

25-15  determined by the regulations of the Commission.

25-16     Sec. 39.  NRS 488.035 is hereby amended to read as follows:

25-17     488.035  As used in this chapter, unless the context otherwise

25-18  requires:

25-19     1.  “Commission” means the Board of Wildlife Commissioners.

25-20     2.  “Consumer Price Index” has the meaning ascribed to it in

25-21  section 2 of this act.

25-22     3.  “Flat wake” means the condition of the water close astern a

25-23  moving vessel that results in a flat wave disturbance.

25-24     [3.] 4. “Legal owner” means a secured party under a security

25-25  agreement relating to a vessel or a renter or lessor of a vessel to the

25-26  State or any political subdivision of the State under a lease or an

25-27  agreement to lease and sell or to rent and purchase which grants

25-28  possession of the vessel to the lessee for a period of 30 consecutive

25-29  days or more.

25-30     [4.] 5. “Motorboat” means any vessel propelled by machinery,

25-31  whether or not the machinery is the principal source of propulsion.

25-32     [5.] 6. “Operate” means to navigate or otherwise use a

25-33  motorboat or a vessel.

25-34     [6.] 7. “Owner” means:

25-35     (a) A person having all the incidents of ownership, including the

25-36  legal title of a vessel, whether or not he lends, rents or pledges the

25-37  vessel; and

25-38     (b) A debtor under a security agreement relating to a

25-39  vessel.

25-40  “Owner” does not include a person defined as a “legal owner” under

25-41  subsection [3.] 4.

25-42     [7.] 8. “Prohibited substance” has the meaning ascribed to it in

25-43  NRS 484.1245.

25-44     [8.] 9. “Registered owner” means the person registered by the

25-45  Commission as the owner of a vessel.

26-1      [9.] 10. A vessel is “under way” if it is adrift, making way[,]

26-2  or being propelled, and is not aground, made fast to the shore, or

26-3  tied or made fast to a dock or mooring.

26-4      [10.] 11. “Vessel” means every description of watercraft, other

26-5  than a seaplane on the water, used or capable of being used as a

26-6  means of transportation on water.

26-7      [11.] 12. “Waters of this state” means any waters within the

26-8  territorial limits of this state.

26-9      Sec. 40.  NRS 488.075 is hereby amended to read as follows:

26-10     488.075  1.  The owner of each motorboat requiring

26-11  numbering by this state shall file an application for a number and for

26-12  a certificate of ownership with the Division of Wildlife of the State

26-13  Department of Conservation and Natural Resources on forms

26-14  approved by it accompanied by:

26-15     (a) Proof of payment of Nevada sales or use tax as evidenced by

26-16  proof of sale by a Nevada dealer or by a certificate of use tax paid

26-17  issued by the Department of Taxation, or by proof of exemption

26-18  from those taxes as provided in NRS 372.320.

26-19     (b) Such evidence of ownership as the Division of Wildlife may

26-20  require.

26-21  The Division of Wildlife shall not issue a number, a certificate of

26-22  number or a certificate of ownership until this evidence is presented

26-23  to it.

26-24     2.  The application must be signed by the owner of the

26-25  motorboat and must be accompanied by a fee [of $15] , the base

26-26  amount of which is $20, for the certificate of ownership and a fee

26-27  according to the following schedule as determined by the straight

26-28  line length which is measured from the tip of the bow to the back of

26-29  the transom of the motorboat:

 

26-30  Less than 13 feet...................... [$10] $20

26-31  13 feet or more but less than 18 feet[15] 25

26-32  18 feet or more but less than 22 feet[30] 40

26-33  22 feet or more but less than 26 feet[45] 55

26-34  26 feet or more but less than 31 feet[60] 75

26-35  31 feet or more .......................... [75] 100

 

26-36  Except as otherwise provided in this subsection, all fees received by

26-37  the Division of Wildlife under the provisions of this chapter must be

26-38  deposited in the Wildlife Account in the State General Fund and

26-39  may be expended only for the administration and enforcement of the

26-40  provisions of this chapter. On or before December 31 of each year,

26-41  the Division of Wildlife shall deposit with the respective county

26-42  school districts 50 percent of each fee collected according to the

26-43  motorboat’s length for every motorboat registered from their

27-1  respective counties. Upon receipt of the application in approved

27-2  form, the Division of Wildlife shall enter the application upon the

27-3  records of its office and issue to the applicant a certificate of number

27-4  stating the number awarded to the motorboat, a certificate of

27-5  ownership stating the same information and the name and address of

27-6  the registered owner and the legal owner.

27-7      3.  A certificate of number may be renewed each year by the

27-8  purchase of a validation decal. The fee for a validation decal is

27-9  determined by the straight line length of the motorboat and is

27-10  equivalent to the fee set forth in the schedule provided in subsection

27-11  2. The base amount of the fee for issuing a duplicate validation

27-12  decal is [$10.] $20.

27-13     4.  The owner shall paint on or attach to each side of the bow of

27-14  the motorboat the identification number in such manner as may be

27-15  prescribed by regulations of the Commission in order that the

27-16  number may be clearly visible. The number must be maintained in

27-17  legible condition.

27-18     5.  The certificate of number must be [pocket size and must be]

27-19  available at all times for inspection on the motorboat for which

27-20  issued, whenever the motorboat is in operation.

27-21     6.  The Commission shall provide by regulation for the issuance

27-22  of numbers to manufacturers and dealers which may be used

27-23  interchangeably upon motorboats operated by the manufacturers and

27-24  dealers in connection with the demonstration, sale or exchange of

27-25  those motorboats. The base amount of the fee for each such a

27-26  number is [$15.] $20.

27-27     7.   The actual amount of any fee set forth in this section must

27-28  be adjusted at least every other year, pursuant to section 3 of this

27-29  act, to reflect changes in the Consumer Price Index.

27-30     Sec. 41.  NRS 488.115 is hereby amended to read as follows:

27-31     488.115  [1.] The Division of Wildlife of the State

27-32  Department of Conservation and Natural Resources may award any

27-33  certificate of number directly or may authorize any person to act as

27-34  agent for the awarding thereof. If a person accepts the authorization,

27-35  he may be assigned a block of numbers and certificates therefor

27-36  which upon award, in conformity with the provisions of this chapter

27-37  and with any regulations of the Commission, is valid as if awarded

27-38  directly by the Division of Wildlife. At the time an agent forwards

27-39  the money collected to the Division of Wildlife , he may retain [50

27-40  cents] $1 per certificate of number.

27-41     [2.  All records of the Division of Wildlife made or kept

27-42  pursuant to this section are public records.]

27-43     Sec. 42.  NRS 488.1795 is hereby amended to read as follows:

27-44     488.1795  Upon receipt of a properly endorsed certificate of

27-45  ownership and the certificate of number of any motorboat, the

28-1  transferee shall within 10 days file the certificates accompanied by a

28-2  fee [of $5] , the base amount of which is $20, with the Division of

28-3  Wildlife of the State Department of Conservation and Natural

28-4  Resources and thereby make application for a new certificate of

28-5  ownership and a new certificate of number. The actual amount of

28-6  the fee must be adjusted at least every other year, pursuant to

28-7  section 3 of this act, to reflect changes in the Consumer Price

28-8  Index.

28-9      Sec. 43.  NRS 488.261 is hereby amended to read as follows:

28-10     488.261  1.  The Division of Wildlife of the State Department

28-11  of Conservation and Natural Resources may issue to any person a

28-12  permit to place a mooring buoy in the nonnavigable waters of this

28-13  state. The Division of Wildlife shall charge and collect a fee in the

28-14  amount set by the Commission for each permit issued pursuant to

28-15  this subsection. Unless suspended or revoked by the Division of

28-16  Wildlife, a permit issued pursuant to this subsection is valid through

28-17  December 31 of the year in which it is issued. Such a permit may be

28-18  renewed annually by paying the fee set by the Commission on or

28-19  before January 1 of each year.

28-20     2.  The Division of Wildlife may issue a permit for the

28-21  temporary placement of a buoy, other than a navigational aid, for

28-22  practice courses or marine events. The Division of Wildlife shall

28-23  charge and collect a fee in the amount set by the Commission for

28-24  each permit issued pursuant to this subsection. Unless suspended or

28-25  revoked by the Division of Wildlife, a permit issued pursuant to this

28-26  subsection is valid for the period indicated on the face of the permit

28-27  , which must not exceed 6 months.

28-28     3.  The Commission shall adopt by regulation fees for:

28-29     (a) The issuance and renewal of permits for mooring buoys

28-30  pursuant to subsection 1 , the base amount of which [must not be

28-31  more than] is $100 for each buoy per year.

28-32     (b) The issuance of permits for the temporary placement of

28-33  buoys for practice courses or marine events pursuant to subsection 2

28-34  , the base amount of which [must not be more than] is $50 per

28-35  buoy.

28-36  The actual amount of a fee established pursuant to this section

28-37  must be adjusted at least every other year, pursuant to section 3 of

28-38  this act, to reflect changes in the Consumer Price Index.

28-39     4.  The Commission may:

28-40     (a) Adopt such regulations as are necessary to carry out the

28-41  provisions of NRS 488.257 to 488.285, inclusive; and

28-42     (b) Establish a schedule of administrative fines for the violation

28-43  of those regulations which may be assessed in addition to any

28-44  criminal penalties for the same act.

29-1      5.  The Division of Wildlife is responsible for the enforcement

29-2  of the laws of this state governing mooring buoys and may:

29-3      (a) Revoke or suspend a permit for a mooring buoy issued

29-4  pursuant to subsection 1 or 2 or by the Division of State Lands if:

29-5          (1) The person responsible for the buoy fails to comply with

29-6  all applicable statutes and regulations concerning the buoy; or

29-7          (2) The buoy becomes a hazard to navigation.

29-8      (b) Remove any mooring buoy determined to be unlawfully

29-9  placed.

29-10     6.  This section does not require an agency of this state or the

29-11  United States Government to obtain written authorization to place,

29-12  move, remove, destroy or tamper with buoys or navigational aids on

29-13  the navigable waters of this state.

29-14     Sec. 44.  NRS 501.080, 501.085 and 502.230 are hereby

29-15  repealed.

29-16     Sec. 45.  1.  This section becomes effective on July 1, 2003.

29-17     2.  Sections 1, 2 and 3 of this act become effective on July 1,

29-18  2003, for the purpose of adopting regulations and on January 1,

29-19  2004, for all other purposes.

29-20     3.  Sections 12 and 37 of this act become effective on July 1,

29-21  2003, for the purpose of adopting regulations and on March 1, 2004,

29-22  for all other purposes.

29-23     4.  Sections 4, 5, 15 to 20, inclusive, and 39 to 44, inclusive, of

29-24  this act become effective on January 1, 2004.

29-25     5.  Sections 6 to 11, inclusive, 13, 14, 21 to 36, inclusive, and

29-26  38 of this act become effective on March 1, 2004.

29-27     6.  Section 38 of this act expires by limitation on the date on

29-28  which the provisions of 42 U.S.C. § 666 requiring each state to

29-29  establish procedures under which the state has authority to withhold

29-30  or suspend, or to restrict the use of professional, occupational and

29-31  recreational licenses of persons who:

29-32     (a) Have failed to comply with a subpoena or warrant relating to

29-33  a procedure to determine the paternity of a child or to establish or

29-34  enforce an obligation for the support of a child; or

29-35     (b) Are in arrears in the payment for the support of one or more

29-36  children,

29-37  are repealed by the Congress of the United States.

 

29-38  TEXT OF REPEALED SECTIONS

 

29-39     501.080  “Regular season” defined.  As used in this title,

29-40   “regular season” means an open season for which tags are placed

29-41   on

30-1  general sale without limit as to the number of resident hunters who

30-2  may participate, and which shall be statewide in extent, except for

30-3   variation in date between districts or the reservation of any area for

30-4   special management as a special season. The number of nonresident

30-5   tags may be limited by district in a regular season.

30-6      501.085  “Special season” defined. As used in this title,

30-7   “special season” means an open season for which tags are placed on

30-8   restricted sale to residents and nonresidents, whereby only a certain

30-9   number may be issued, as determined by lot or otherwise. Special

30-10   seasons are those designed for special management or control not

30-11   possible in regular seasons.

30-12     502.230  Issuance of deer tag to nonresident owner of land

30-13   within State: Conditions.

30-14     1.  A nonresident deer tag for regular season may be issued to

30-15   any nonresident of this state or to the immediate members of such

30-16   nonresident’s family, as a bona fide owner of land within this state,

30-17   for the privilege to hunt upon that land to which he has title, if not

30-18   less than 75 percent of all land belonging to him in the State of

30-19   Nevada and upon which he proposes to hunt is open to the public

30-20   for hunting.

30-21     2.  Such nonresident may hunt deer during the same periods and

30-22   subject to the same limitations as may be allowed or imposed upon

30-23   residents of Nevada in connection with such hunting if such

30-24   nonresident has first obtained a nonresident hunting license.

30-25     3.  A nonresident deer tag for the regular season may be issued

30-26   by the Division only upon proof of the applicant’s title to certain

30-27   lands within this state. The Commission shall adopt and promulgate

30-28   regulations establishing requirements for obtaining tags, including a

30-29   determination that the land proposed for hunting is deer habitat.

30-30     4.  Such nonresident deer tag for the regular season may be

30-31   issued only upon payment of the regular nonresident fee and is

30-32   valid for use only on the land owned and described, and such

30-33   nonresident deer tag for the regular season must indicate

30-34   “nonresident landowner.”

 

30-35  H