SB420_R1

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.

Green numbers along left margin indicate location on the printed bill (e.g., 5-15 indicates page 5, line 15).

AN ACT relating to wildlife; authorizing the Division of Wildlife of the State Department of Conservation and Natural Resources 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:

1-1 Secs. 1-3. (Deleted by amendment.)

1-2 Sec. 4. NRS 501.181 is hereby amended to read as follows:

1-3 501.181 The Commission shall:

1-4 1. Establish broad policies for:

1-5 (a) The protection, propagation, restoration, transplanting,

1-6 introduction and management of wildlife in this state.

2-1 (b) The promotion of the safety of persons using or property

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

2-3 (c) The promotion of uniformity of laws relating to policy

2-4 matters.

2-5 2. Guide the Division in its administration and enforcement of

2-6 the provisions of this title and of chapter 488 of NRS by the

2-7 establishment of such policies.

2-8 3. Establish policies for areas of interest including:

2-9 (a) The management of big and small game mammals, upland

2-10 and migratory game birds, fur-bearing mammals, game fish, and

2-11 protected and unprotected mammals, birds, fish, reptiles and

2-12 amphibians.

2-13 (b) The control of wildlife depredations.

2-14 (c) The acquisition of lands, water rights and easements and

2-15 other property for the management, propagation, protection and

2-16 restoration of wildlife.

2-17 (d) The entry, access to, and occupancy and use of such

2-18 property, including leases of grazing rights, sales of agricultural

2-19 products and requests by the Administrator to the State Land

2-20 Registrar for the sale of timber if the sale does not interfere with the

2-21 use of the property on which the timber is located for wildlife

2-22 management or for hunting or fishing thereon.

2-23 (e) The control of nonresident hunters.

2-24 (f) The introduction, transplanting or exporting of wildlife.

2-25 (g) Cooperation with federal, state and local agencies on wildlife

2-26 and boating programs.

2-27 (h) The revocation of licenses issued pursuant to this title to any

2-28 person who is convicted of a violation of any provision of this title

2-29 or any regulation adopted pursuant thereto.

2-30 4. Establish regulations necessary to carry out the provisions of

2-31 this title and of chapter 488 of NRS, including:

2-32 (a) [Regular and special seasons] Seasons for hunting game

2-33 mammals and game birds, for hunting or trapping fur-bearing

2-34 mammals and for fishing, the daily and possession limits, the

2-35 manner and means of taking wildlife, including, but not limited to,

2-36 the sex, size or other physical differentiation for each species, and,

2-37 when necessary for management purposes, the emergency closing or

2-38 extending of a season, reducing or increasing of the bag or

2-39 possession limits on a species, or the closing of any area to hunting,

2-40 fishing or trapping. The regulations must be established after first

2-41 considering the recommendations of the Division, the county

2-42 advisory boards to manage wildlife and others who wish to present

2-43 their views at an open meeting. Any regulations relating to the

2-44 closure of a season must be based upon scientific data concerning

3-1 the management of wildlife. The data upon which the regulations

3-2 are based must be collected or developed by the Division.

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

3-4 inspecting, validating or reporting tags.

3-5 (c) The delineation of game management units embracing

3-6 contiguous territory located in more than one county, irrespective of

3-7 county boundary lines.

3-8 (d) The number of licenses issued [to nonresidents] for big game

3-9 and, if necessary, other game species . [for the regular and special

3-10 seasons.]

3-11 5. Adopt regulations requiring the Division to make public,

3-12 before official delivery, its proposed responses to any requests by

3-13 federal agencies for its comment on drafts of statements concerning

3-14 the environmental effect of proposed actions or regulations affecting

3-15 public lands.

3-16 6. Adopt regulations:

3-17 (a) Governing the provisions of the permit required by NRS

3-18 502.390 and for the issuance, renewal and revocation of such a

3-19 permit.

3-20 (b) Establishing the method for determining the amount of an

3-21 assessment , and the time and manner of payment, necessary for the

3-22 collection of the assessment required by NRS 502.390.

3-23 7. Designate those portions of wildlife management areas for

3-24 big game mammals that are of special concern for the regulation of

3-25 the importation, possession and propagation of alternative livestock

3-26 pursuant to NRS 576.129.

3-27 Sec. 4.5. NRS 501.356 is hereby amended to read as follows:

3-28 501.356 1. Money received by the Division from:

3-29 (a) The sale of licenses;

3-30 (b) Fees pursuant to the provisions of NRS 488.075 and

3-31 488.1795;

3-32 (c) Remittances from the State Treasurer pursuant to the

3-33 provisions of NRS 365.535;

3-34 (d) Appropriations made by the Legislature; and

3-35 (e) All other sources, except money derived from the forfeiture

3-36 of any property described in NRS 501.3857 or money deposited in

3-37 the Wildlife Heritage Trust Account pursuant to NRS 501.3575 or in

3-38 the Trout Management Account pursuant to NRS 502.327,

3-39 must be deposited with the State Treasurer for credit to the Wildlife

3-40 Account in the State General Fund.

3-41 2. The interest and income earned on the money in the Wildlife

3-42 Account, after deducting any applicable charges, must be credited to

3-43 the Account.

3-44 3. Except as otherwise provided in subsection 4, the Division

3-45 may use money in the Wildlife Account only to carry out the

4-1 provisions of this title and chapter 488 of NRS and as provided in

4-2 NRS 365.535, and the money must not be diverted to any other use.

4-3 4. Except as otherwise provided in NRS 502.250 [, 502.310]

4-4 and 504.155, all fees for the sale or issuance of stamps, tags, permits

4-5 and licenses that are required to be deposited in the Wildlife

4-6 Account pursuant to the provisions of this title must be accounted

4-7 for separately and may be used only for the management of wildlife.

4-8 Sec. 5. NRS 501.3855 is hereby amended to read as follows:

4-9 501.3855 1. In addition to the penalties provided for the

4-10 violation of any of the provisions of this title, every person who

4-11 unlawfully kills or possesses a big game mammal, bobcat, swan or

4-12 eagle is liable for a civil penalty of not less than $250 nor more than

4-13 $5,000.

4-14 2. For unlawful killing or possession of fish or wildlife not

4-15 included in subsection 1, the court may order the defendant to pay a

4-16 civil penalty of not less than $25 nor more than $1,000.

4-17 3. For hunting, fishing or trapping without a valid license, tag

4-18 or permit, the court may order the defendant to pay a civil penalty of

4-19 not less than $50 nor more than $250.

4-20 4. Every court, before whom a defendant is convicted of

4-21 unlawfully killing or possessing any wildlife, shall order the

4-22 defendant to pay the civil penalty in the amount stated in this section

4-23 for each mammal, bird or fish unlawfully killed or possessed. The

4-24 court shall fix the manner and time of payment.

4-25 5. The Division may attempt to collect all penalties and

4-26 installments that are in default in any manner provided by law for

4-27 the enforcement of a judgment.

4-28 6. If a person who is ordered to pay a civil penalty pursuant

4-29 to this section fails to do so within 90 days after the date set forth

4-30 in the order, the Division may suspend, revoke, or refuse to issue

4-31 or renew any license, tag, permit, certificate or other document or

4-32 privilege otherwise available to the person pursuant to this title or

4-33 chapter 488 of NRS.

4-34 7. Each court that receives money pursuant to the provisions of

4-35 this section shall forthwith remit the money to the Division which

4-36 shall deposit the money with the State Treasurer for credit to the

4-37 Wildlife Account in the State General Fund.

4-38 Sec. 6. Chapter 502 of NRS is hereby amended by adding

4-39 thereto the provisions set forth as sections 7 to 11, inclusive, of this

4-40 act.

4-41 Sec. 7. 1. Except as otherwise provided in this section, it is

4-42 unlawful for any person to hunt any upland game bird, except

4-43 turkey and crow, unless at the time he is hunting he carries on his

4-44 person such documentation as the Division provides as proof that

5-1 he has paid to the Division, for the licensing period that includes

5-2 the time he is hunting, the fee required pursuant to this section.

5-3 2. The provisions of this section do not apply to a person who

5-4 is under the age of 12 years.

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

5-6 be sold by the Division, and persons authorized by the Division to

5-7 sell hunting licenses, for a fee of $10.

5-8 4. The Division shall determine the form of the

5-9 documentation.

5-10 Sec. 8. All money received pursuant to section 7 of this act

5-11 must be deposited with the State Treasurer for credit to the

5-12 Wildlife Obligated Reserve Account in the State General Fund.

5-13 The Division shall maintain separate accounting records for the

5-14 receipt and expenditure of that money. An amount not to exceed

5-15 10 percent of that money may be used to reimburse the Division

5-16 for the cost of administering the program of documentation. This

5-17 amount is in addition to compensation allowed persons authorized

5-18 to issue and sell licenses.

5-19 Sec. 9. 1. Before the Division may undertake any project

5-20 using money received pursuant to section 7 of this act, it must

5-21 analyze the project and provide the Commission with

5-22 recommendations as to the need for the project and its feasibility.

5-23 2. Money received pursuant to section 7 of this act must be

5-24 used for projects approved by the Commission for the protection

5-25 and propagation of upland game birds and for the acquisition,

5-26 development and preservation of the habitats of upland game birds

5-27 in this state.

5-28 Sec. 10. The Division shall, not later than the fifth calendar

5-29 day of each regular session of the Legislature, submit to it a report

5-30 summarizing any projects undertaken and the receipt and

5-31 expenditure of money and public benefits achieved by the program

5-32 for the sale of documentation to hunt any upland game bird,

5-33 except turkey and crow.

5-34 Sec. 11. 1. In addition to any fee charged and collected for

5-35 an annual hunting, trapping, fishing or combined hunting and

5-36 fishing license pursuant to NRS 502.240, a habitat conservation

5-37 fee of $3 must be paid.

5-38 2. The Wildlife Obligated Reserve Account is hereby created

5-39 in the State General Fund. Revenue from the habitat conservation

5-40 fee must be accounted for separately, deposited with the State

5-41 Treasurer for credit to the Wildlife Obligated Reserve Account

5-42 and, except as otherwise provided in NRS 502.310 and section 8 of

5-43 this act, used by the Division for the purposes of wildlife habitat

5-44 rehabilitation and restoration. The interest and income earned on

6-1 the money in the Wildlife Obligated Reserve Account, after

6-2 deducting any applicable charges, must be credited to the Account.

6-3 3. The money in the Wildlife Obligated Reserve Account

6-4 remains in the Account and does not revert to the State General

6-5 Fund at the end of any fiscal year.

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

6-7 502.040 1. The Commission shall adopt regulations

6-8 [regarding:] establishing:

6-9 (a) The procedures for applying to become a license agent.

6-10 (b) The standards to be met by license agents in the performance

6-11 of their duties . [;

6-12 (b)] (c) The requirements for the furnishing of surety bonds by

6-13 license agents . [;

6-14 (c)] (d) The manner of remitting money to the Division . [; and

6-15 (d)] (e) The manner of accounting for licenses, tags, stamps ,

6-16 [and] permits and other documents received, issued, sold or

6-17 returned.

6-18 A license agent’s authority may be revoked by the Division for his

6-19 failure to abide by the regulations of the Commission. The agent

6-20 may appeal to the Commission for reinstatement.

6-21 2. An application to become a license agent must be

6-22 accompanied by a fee of $100 for processing the application.

6-23 3. A license agent designated by the Division is responsible for

6-24 the correct issuance of all licenses, tags, stamps , [and] permits and

6-25 other documents entrusted to him[,] and, so far as he is able, for

6-26 ensuring that no licenses are issued upon the false statement of an

6-27 applicant. Before issuing any license, the license agent shall satisfy

6-28 himself of the identity of the applicant and the place of his

6-29 residence, and may require any applicant to present proof of his

6-30 identity and residence.

6-31 [3.] 4. A license agent is responsible to the Division for the

6-32 collection of the correct and required fee, for the safeguarding of

6-33 the money collected by him[,] and for the prompt remission to the

6-34 Division for deposit in accordance with NRS 501.356 of all money

6-35 collected. The Division shall furnish to the license agent receipts for

6-36 all money which he remits to it. A license agent shall furnish a

6-37 receipt to the Division of all licenses, tags, stamps , [or] permits and

6-38 other documents which he receives from it.

6-39 [4.] 5. For each license, tag, stamp , [or] permit or other

6-40 document he sells, a license agent is entitled to receive a service fee

6-41 of:

6-42 (a) One dollar for each license, tag [or permit,] , permit or other

6-43 document, in addition to the fee for the license, tag [or permit;] ,

6-44 permit or other document; and

6-45 (b) Ten cents for each stamp.

7-1 [5.] 6. Any person authorized to enforce this chapter may

7-2 inspect, during the license agent’s normal business hours, any record

7-3 or document of the agent relating to the issuance of any such

7-4 license, stamp, tag [or permit.] , permit or other document.

7-5 [6.] 7. All money collected by a license agent, except service

7-6 fees collected pursuant to subsection [4,] 5, is public money of the

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

7-8 money due it upon all assets of the agent over all creditors,

7-9 assignees or other claimants. The use of this money for private or

7-10 business transactions is a misuse of public [funds] money and

7-11 punishable under the laws provided.

7-12 Sec. 13. (Deleted by amendment.)

7-13 Sec. 14. NRS 502.077 is hereby amended to read as follows:

7-14 502.077 1. The Division shall issue special fishing permits to

7-15 [the administrative head of:

7-16 (a) Northern Nevada Adult Mental Health Services;

7-17 (b) Southern Nevada Adult Mental Health Services;

7-18 (c) The Northern Nevada Children’s Home;

7-19 (d) The Southern Nevada Children’s Home;

7-20 (e) The Nevada Youth Training Center;

7-21 (f) The Caliente Youth Center;

7-22 (g) The Spring Mountain Youth Camp;

7-23 (h) The China Spring Youth Camp;

7-24 (i) Any facility] each public and private nonprofit:

7-25 (a) Mental health facility or hospital that provides mental

7-26 health services;

7-27 (b) Facility for the detention or correctional care of juveniles;

7-28 (c) Rehabilitation center within a hospital;

7-29 (d) Facility or establishment that provides care for older

7-30 persons;

7-31 (e) Facility which provides temporary foster care for children

7-32 who are not delinquent; and

7-33 [(j) Such other public or charitable institutions or organizations

7-34 as are designated by regulations adopted by the Commission, for use

7-35 only by the members, patients or children of such institutions or

7-36 organizations.]

7-37 (f) Club or other social group operated for the benefit of

7-38 disadvantaged or at-risk children.

7-39 2. The permits:

7-40 (a) Must be in the possession of the officer or employee of the

7-41 organization who is supervising a member, patient or child while he

7-42 is fishing.

7-43 (b) Authorize a member, patient or child to fish in a legal

7-44 manner if in the company of an officer or employee of one of the

7-45 [institutions] organizations listed in this section[, or of an

8-1 organization provided for by regulation,] if the officer or employee

8-2 has a valid Nevada fishing license.

8-3 (c) Must be issued pursuant and subject to regulations

8-4 prescribed by the Commission.

8-5 (d) Must contain the words “Nevada Special Fishing Permit”

8-6 and the number of the permit printed on the face of the permit.

8-7 (e) May authorize no more than 15 members, patients or

8-8 children, respectively, to fish.

8-9 3. Each [institution or] organization shall pay to the Division

8-10 an annual fee of [$15] $25 for each permit issued to the [institution

8-11 or] organization pursuant to this section. The Division shall not

8-12 issue more than two permits per year to each [institution or]

8-13 organization.

8-14 4. It is unlawful for any person other than a member, patient or

8-15 child in one of these organizations [or institutions] to fish with a

8-16 permit issued by the Division pursuant to this section.

8-17 Sec. 15. NRS 502.130 is hereby amended to read as follows:

8-18 502.130 1. In addition to the regular hunting licenses and

8-19 trapping licenses provided for in this chapter, additional licenses, to

8-20 be known as tags, are required to hunt any deer, elk, antelope,

8-21 mountain sheep or bear.

8-22 2. Whenever it is determined by the Commission that it is

8-23 necessary for correct management:

8-24 (a) Tags also may be required to hunt, trap or fish for any other

8-25 species of wildlife. The [tags may be used in any area in the State

8-26 during the regular season and may not be limited in number or to

8-27 any area, unless a special season has been designated in a

8-28 management area, in which case the] Commission may limit the

8-29 number of tags to be used in [that] a management area.

8-30 (b) Permits and seals may be required to hunt, trap, fish or to

8-31 possess any species of wildlife.

8-32 3. The Commission shall set the fee for all permits and seals

8-33 issued pursuant to paragraph (b) of subsection 2.

8-34 Sec. 16. NRS 502.145 is hereby amended to read as follows:

8-35 502.145 1. An owner, lessee or manager of private land in

8-36 this state may apply to the Division for the issuance to him of one or

8-37 more deer or antelope tags as provided in this section. The tags must

8-38 be issued as compensation for damage caused by deer or antelope to

8-39 the private land or to any improvements thereon.

8-40 2. An application made pursuant to this section must:

8-41 (a) Be made in the form prescribed by the Division;

8-42 (b) Establish to the satisfaction of the Division that the applicant

8-43 has sustained damage of the kind described in subsection 1; and

8-44 (c) Be accompanied by the fee charged for the tags pursuant to

8-45 NRS 502.250 and any fee charged for administrative costs.

9-1 3. The Division shall review the application, may conduct any

9-2 investigation it deems appropriate and, if it approves the application,

9-3 shall issue to the applicant not more than one tag for each 50

9-4 animals present on the private land owned, leased or managed by

9-5 the applicant. Both deer and antelope tags may be issued to an

9-6 applicant.

9-7 4. A tag issued as compensation for damage pursuant to this

9-8 section:

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

9-10 land if he holds a valid Nevada hunting license, or may be sold by

9-11 that person to any holder of a valid Nevada hunting license at any

9-12 price mutually agreed upon;

9-13 (b) Except as otherwise provided in subparagraph (2) of

9-14 paragraph (c) , [of this subsection,] must be used on the private land

9-15 or in the unit or units within the management area or areas in which

9-16 the private land is located; and

9-17 (c) May only be used during:

9-18 (1) The open season for the species for which the tag is

9-19 issued; or

9-20 (2) A [special] season prescribed by regulation of the

9-21 Commission for the use of such tags only on the private land.

9-22 5. As a condition of receiving a tag from the Division pursuant

9-23 to this section, an owner, lessee or manager who is lawfully in

9-24 control of private land that blocks access to adjacent public land

9-25 must provide access to the public land during the hunting season to

9-26 a person or hunting party with a tag for the purpose of hunting on

9-27 the public land.

9-28 6. Insofar as they are consistent with this section, the

9-29 provisions of this title and of the regulations adopted by the

9-30 Commission apply to the issuance and use of tags pursuant to this

9-31 section. The Commission:

9-32 (a) Shall by regulation establish the maximum number of tags

9-33 which may be issued annually by the Division pursuant to this

9-34 section, which must not exceed 1.5 percent of the total number of

9-35 deer and antelope tags which are authorized for issuance annually

9-36 throughout the State; and

9-37 (b) May adopt any other regulations it deems necessary to carry

9-38 out the provisions of this section.

9-39 7. The Administrator shall, not later than the fifth calendar day

9-40 of each regular session of the Legislature, submit to the Director of

9-41 the Legislative Counsel Bureau for distribution to the Legislature a

9-42 report summarizing the activities of the Division taken pursuant to

9-43 the provisions of this section during the preceding biennium,

9-44 including any problems associated with the issuance and use of tags

10-1 authorized by this section and any recommendations for correcting

10-2 those problems.

10-3 Sec. 17. (Deleted by amendment.)

10-4 Sec. 18. NRS 502.175 is hereby amended to read as follows:

10-5 502.175 1. The Division shall contract with a private entity to

10-6 conduct a drawing and to award and issue the tags [for a special

10-7 season.] or permits as established by the Commission. The drawing

10-8 must be conducted using a computer program that awards tags or

10-9 permits based on a random order of selection. The contract must

10-10 provide for the acquisition by the Division of the ownership of the

10-11 computer program at the end of the term of the contract. The

10-12 Division shall solicit bids for the contract pursuant to the provisions

10-13 of chapter 333 of NRS.

10-14 2. The Division shall:

10-15 (a) Provide to the private entity to whom a contract is awarded

10-16 pursuant to the provisions of subsection 1 any applications for tags,

10-17 permits, documents or other information required by the private

10-18 entity to conduct the drawing; and

10-19 (b) Otherwise cooperate with the private entity in conducting the

10-20 drawing.

10-21 3. As soon as practicable after the drawing is completed, the

10-22 private entity shall submit the results of the drawing to the Division.

10-23 4. If no private entity qualifies for the awarding of the contract

10-24 specified in subsection 1, the Division shall conduct a drawing to

10-25 award tags [for a special season] or permits in the manner set forth

10-26 in the regulations adopted by the Commission pursuant to the

10-27 provisions of subsection 5.

10-28 5. The Commission shall adopt regulations necessary to carry

10-29 out the provisions of this section, including regulations that

10-30 prescribe the manner in which the Division [must] shall conduct a

10-31 drawing specified in subsection 1 if no private entity qualifies for

10-32 the awarding of the contract.

10-33 Sec. 19. NRS 502.190 is hereby amended to read as follows:

10-34 502.190 1. Tags for hunting wildlife [in regular season by

10-35 nonresident hunters] may be limited to a certain number in any

10-36 management area, which management area may include all of any

10-37 county, any portion of any county[,] or any continuous area in

10-38 adjacent counties.

10-39 2. Whenever a limit is placed upon the number of tags

10-40 available to [nonresident] hunters in any management area , the

10-41 Commission shall determine the manner in which the tags are

10-42 issued, whether by lot or by sale to first applicants, the manner of

10-43 application, the manner of delivering the tags and other necessary

10-44 matters.

11-1 3. Whenever applications, money or tags and licenses are

11-2 entrusted to the mails , the Commission is not responsible for loss or

11-3 delay in the mails.

11-4 Sec. 20. NRS 502.200 is hereby amended to read as follows:

11-5 502.200 [It] Except as otherwise authorized pursuant to

11-6 regulations adopted by the Commission, it is unlawful for any

11-7 [nonresident] hunter:

11-8 1. To obtain tags or permits for more than one management

11-9 area . [in regular season.]

11-10 2. To use tags in any management area or at any time other

11-11 than at the time and place intended.

11-12 Sec. 21. NRS 502.210 is hereby amended to read as follows:

11-13 502.210 A duplicate tag may not be issued except as follows:

11-14 1. Upon receiving an affidavit of an applicant that a tag

11-15 previously issued has been lost , stolen or destroyed and upon

11-16 payment of a fee of [$5,] $10, the Division shall issue a duplicate

11-17 tag to the applicant.

11-18 2. Upon receiving an affidavit of an applicant that he has not

11-19 received the tag for which he applied and paid the required fee, the

11-20 Division may[, not earlier than 7 days after the date on which the

11-21 tag was mailed,] issue a duplicate tag to the applicant upon payment

11-22 of a fee of [$5.] $10.

11-23 3. The provisions of this section do not affect the issuance of a

11-24 replacement tag pursuant to NRS 502.215.

11-25 Sec. 22. NRS 502.240 is hereby amended to read as follows:

11-26 502.240 The Division shall issue annual licenses and limited

11-27 permits:

11-28 1. To any person who has not attained his 16th birthday and

11-29 who has been a bona fide resident of the State of Nevada for 6

11-30 months immediately preceding his application for a license, upon

11-31 payment of [$5] a fee of $10 for an annual trapping license.

11-32 2. Except as otherwise provided in NRS 502.245 and 504.390,

11-33 to any person who has attained his 16th birthday and who has been a

11-34 bona fide resident of the State of Nevada for 6 months immediately

11-35 preceding his application for a license, upon the payment of a fee of:

11-36 For a fishing license................. [$20] $25

11-37 For a 1-day permit to fish................. [6] 8

11-38 For each consecutive day added to a 1-day permit

11-39 to fish................................................ [2] 3

11-40 For a hunting license.................... [23] 29

11-41 For a combined hunting and fishing license [38] 50

11-42 For a trapping license................... [30] 38

11-43 For a fur dealer’s license............. [50] 63

12-1 For an annual master guide’s license[250] $750

12-2 For an annual subguide’s license[75] 125

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

12-4 has not attained his 16th birthday, and who is not a bona fide

12-5 resident of the State of Nevada, upon the payment of [$8] a fee of

12-6 $17 for an annual fishing license . [, except for a fishing license to

12-7 fish in the reciprocal waters of the Colorado River, Lake Mead and

12-8 Lake Mohave, which annual license must cost a sum agreed upon by

12-9 the Commission and the Arizona Game and Fish Commission, but

12-10 not to exceed $30.]

12-11 4. Except as otherwise provided in subsection 3, to any person

12-12 who is not a bona fide resident of the State of Nevada, upon the

12-13 payment of a fee of:

12-14 [For a fishing license, except for a fishing license

12-15 to fish in the reciprocal waters of the Colorado

12-16 River, Lake Mead and Lake Mohave, which

12-17 license must cost a sum agreed upon by the

12-18 Commission and the Arizona Game and Fish

12-19 Commission, but not to exceed $30$50]

12-20 For an annual fishing license......... $65

12-21 For a 1-day permit to fish............ [11] 17

12-22 For each consecutive day added to a 1-day permit

12-23 to fish................................................ [4] 7

12-24 For a hunting license............... [110] 138

12-25 For a combined hunting and fishing license 195

12-26 For an annual trapper’s license[150] 188

12-27 For a fur dealer’s license......... [100] 125

12-28 For an annual master guide’s license[500] 1,500

12-29 For an annual subguide’s license[150] 250

12-30 For a 1-day permit to hunt upland game and

12-31 waterfowl...................................... [15] 20

12-32 For each consecutive day added to a 1-day permit

12-33 to hunt upland game and waterfowl[5] 8

12-34 5. To any person, without regard to residence, upon the

12-35 payment of a fee of:

12-36 For a noncommercial license for the possession

12-37 of live wildlife............................ [$5] $15

12-38 For a commercial or private shooting preserve [100] 125

12-39 For a commercial license for the possession of

12-40 live wildlife.............................. [100] 500

12-41 For a live bait dealer’s permit...... [35] 44

13-1 For a competitive field trials permit[25] $31

13-2 For a permit to train dogs or falcons[5] 15

13-3 For a 1-year falconry license........ [30] 38

13-4 For a 3-year falconry license........ [75] 94

13-5 For an importation permit.............. [5] 15

13-6 For an import eligibility permit.... [25] 31

13-7 For an exportation permit............... [5] 15

13-8 For any other special permit issued by the Division, a fee not

13-9 to exceed [$100] the highest fee established for any other

13-10 special permit set by the Commission.

13-11 Sec. 23. NRS 502.245 is hereby amended to read as follows:

13-12 502.245 1. The Division shall issue any hunting or fishing

13-13 license or combined hunting and fishing license authorized under

13-14 the provisions of this chapter, upon proof satisfactory of the

13-15 requisite facts and payment of the applicable fee, to any person who

13-16 has resided in this state:

13-17 (a) For the 6-month period immediately preceding the date of

13-18 his application for a license and:

13-19 (1) Has a severe physical disability; or

13-20 (2) Has attained his 12th birthday but has not attained his

13-21 16th birthday; or

13-22 (b) Continuously for 5 years immediately preceding the date of

13-23 this application for a license and is 65 years of age or older.

13-24 2. The Division shall charge and collect [for such a:

13-25 Hunting license..................................... $4

13-26 Fishing license........................................ 4

13-27 Combined hunting and fishing license. 7]

13-28 a fee of:

13-29 For a hunting license......................... $9

13-30 For a fishing license............................. 9

13-31 For a combined hunting and fishing license 17

13-32 3. For the purposes of this section, “severe physical disability”

13-33 means a physical disability which materially limits the person’s

13-34 ability to engage in gainful employment.

13-35 Sec. 24. NRS 502.250 is hereby amended to read as follows:

13-36 502.250 1. [Except as otherwise provided in this section, the

13-37 following fees must be charged for tags:] The amount of the fee

13-38 that must be charged for the following tags is:

13-39 Resident deer tag [for regular season$15

13-40 Nonresident and alien deer tag for regular season 60] $30

13-41 Resident antelope tag................... [50] 60

13-42 Resident elk tag........................ [100] 120

14-1 Resident bighorn tag............... [100] $120

14-2 Resident mountain goat tag...... [100] 120

14-3 Resident mountain lion tag................... 25

14-4 Nonresident deer tag......................... 240

14-5 Nonresident antelope tag.................. 300

14-6 Nonresident elk tag........................ 1,200

14-7 Nonresident bighorn tag............... 1,200

14-8 Nonresident mountain goat tag.... 1,200

14-9 Nonresident mountain lion tag........ 100

14-10 2. [Other] The amount of the fee for other resident or

14-11 nonresident big game tags [for special seasons must not exceed

14-12 $50. Other nonresident big game tags for special seasons] must not

14-13 exceed [$1,000.

14-14 3. Tags] the highest fee for a resident or nonresident big

14-15 game tag established pursuant to this section.

14-16 3. The amount of the fee for a tag determined to be necessary

14-17 by the Commission for other species pursuant to NRS 502.130 must

14-18 not exceed [$100.] the highest fee for a resident or nonresident tag

14-19 established pursuant to this section.

14-20 4. A fee not to exceed $10 may be charged for processing an

14-21 application for a [tag] game species or permit other than an

14-22 application for an elk . [tag.] A fee of not less than $5 but not more

14-23 than $15 must be charged for processing an application for an elk ,

14-24 [tag,] $5 of which must be deposited with the State Treasurer for

14-25 credit to the Wildlife Obligated Reserve Account in the State

14-26 General Fund and used for the prevention and mitigation of damage

14-27 caused by elk or game mammals not native to this state.

14-28 5. The Commission may accept sealed bids for or may auction

14-29 not more than 15 big game tags and not more than 5 wild turkey

14-30 tags each year. To reimburse the Division for the cost of managing

14-31 wildlife and administering and conducting the bid or auction, not

14-32 more than 18 percent of the total amount of money received from

14-33 the bid or auction may be deposited with the State Treasurer for

14-34 credit to the Wildlife Account in the State General Fund. Any

14-35 amount of money received from the bid or auction that is not so

14-36 deposited must be deposited with the State Treasurer for credit to

14-37 the Wildlife Heritage Trust Account in the State General Fund in

14-38 accordance with the provisions of NRS 501.3575.

14-39 6. The Commission may by regulation establish an additional

14-40 drawing for big game tags, which may be entitled the Partnership in

14-41 Wildlife Drawing. To reimburse the Division for the cost of

14-42 managing wildlife and administering and conducting the drawing,

14-43 not more than 18 percent of the total amount of money received

14-44 from the drawing may be deposited with the State Treasurer for

15-1 credit to the Wildlife Account in the State General Fund. Except as

15-2 otherwise provided by regulations adopted by the Commission

15-3 pursuant to subsection 7, the money received by the Division from

15-4 applicants in the drawing who are not awarded big game tags must

15-5 be deposited with the State Treasurer for credit to the Wildlife

15-6 Heritage Trust Account in accordance with the provisions of

15-7 NRS 501.3575.

15-8 7. The Commission may adopt regulations which authorize the

15-9 return of all or a portion of any fee collected from a person pursuant

15-10 to the provisions of this section.

15-11 Sec. 25. (Deleted by amendment.)

15-12 Sec. 26. NRS 502.280 is hereby amended to read as follows:

15-13 502.280 1. All resident [Indians] Native Americans of the

15-14 State of Nevada are exempt from the payment of fees for fishing and

15-15 hunting licenses.

15-16 2. When applying for a free fishing [and hunting licenses,

15-17 resident Indians] or hunting license, a resident Native American of

15-18 the State of Nevada shall exhibit [to the county clerk or license

15-19 agent written identification signed by an officer of the Bureau of

15-20 Indian Affairs of the United States Department of the Interior, or] a

15-21 document issued in this state by the chairman of a tribal council or

15-22 chief of [an Indian] a Native American tribe, or an officer of a

15-23 reservation, colony or educational institution, stating that the bearer

15-24 is a resident [Indian] Native American of the State of Nevada.

15-25 3. Before hunting for deer or big game off an Indian

15-26 reservation in this state , all [resident Indians,] Native Americans,

15-27 otherwise exempt under subsection 1, [shall] must secure resident

15-28 deer tags or other resident big game tags and pay the fee provided

15-29 therefor in NRS 502.250.

15-30 Sec. 27. (Deleted by amendment.)

15-31 Sec. 28. NRS 502.300 is hereby amended to read as follows:

15-32 502.300 1. Except as otherwise provided in subsection 2, it is

15-33 unlawful for any person to hunt any migratory game bird, except

15-34 jacksnipe, coot, gallinule, western mourning dove, white-winged

15-35 dove and band-tailed pigeon[,] unless at the time he is hunting he

15-36 carries on his person:

15-37 (a) An unexpired state duck stamp validated by his signature in

15-38 ink across the face of the stamp; or

15-39 (b) Such documentation as the Division provides [via the

15-40 Internet] as proof that he has paid to the Division, for the licensing

15-41 period that includes the time he is hunting, the same fee as that

15-42 required pursuant to subsection 3 for the purchase of an unexpired

15-43 state duck stamp for that period.

15-44 2. The provisions of subsection 1 do not apply to a person who:

15-45 (a) Is under the age of 12 years; or

16-1 (b) Is 65 years of age or older.

16-2 3. Unexpired duck stamps must be sold for a fee of not more

16-3 than [$5] $10 each by the Division and by persons authorized by the

16-4 Division to sell hunting licenses. The Commission shall establish

16-5 the price to be charged by the Division or agents of the Division for

16-6 expired duck stamps . [, and the fee for unexpired duck stamps

16-7 within the limit provided.]

16-8 4. The Division shall determine the form of the stamps.

16-9 Sec. 28.5. NRS 502.310 is hereby amended to read as follows:

16-10 502.310 All money received pursuant to NRS 502.300 must be

16-11 deposited with the State Treasurer for credit to the Wildlife

16-12 Obligated Reserve Account in the State General Fund. The Division

16-13 shall maintain separate accounting records for the receipt and

16-14 expenditure of that money. An amount not to exceed 10 percent of

16-15 that money may be used to reimburse the Division for the cost of

16-16 administering the state duck stamp programs. This amount is in

16-17 addition to compensation allowed persons authorized to issue and

16-18 sell licenses.

16-19 Sec. 29. NRS 502.326 is hereby amended to read as follows:

16-20 502.326 1. Except as otherwise provided in subsection 2, it is

16-21 unlawful for any person to take or possess trout unless at the time he

16-22 is fishing he carries on his person:

16-23 (a) An unexpired state trout stamp affixed to his fishing license

16-24 and validated by his signature in ink across the face of the stamp; or

16-25 (b) Such documentation as the Division provides [via the

16-26 Internet] as proof that he has paid to the Division, for the licensing

16-27 period that includes the time he is fishing, the same fee as that

16-28 required pursuant to subsection 3 for the purchase of a state trout

16-29 stamp for that period.

16-30 2. The provisions of subsection 1 do not apply to a person who:

16-31 (a) Is under the age of 12; or

16-32 (b) Is fishing:

16-33 (1) Under the authority of a valid 1-day permit to fish or

16-34 during a consecutive day validly added to that permit; or

16-35 (2) In accordance with regulations adopted by the

16-36 Commission pursuant to subparagraph (2) of paragraph (e) of

16-37 subsection 1 of NRS 502.010.

16-38 3. State trout stamps must be sold for a fee of $10 each by the

16-39 Division and by persons authorized by the Division to sell hunting,

16-40 fishing and trapping licenses.

16-41 4. The Division shall determine the form of the stamps.

16-42 Sec. 30. NRS 502.350 is hereby amended to read as follows:

16-43 502.350 1. The Commission may authorize an instructor to

16-44 collect a fee of not more than [$5] $10 from each person obtaining

16-45 instruction in the responsibilities of hunters.

17-1 2. The Commission may authorize the imposition of an

17-2 administrative fee of not more than [$5] $10 for the issuance of a

17-3 duplicate certificate of successful completion of the course.

17-4 Sec. 31. NRS 502.370 is hereby amended to read as follows:

17-5 502.370 1. A license to practice taxidermy is required before

17-6 any person may perform taxidermal services for others on any

17-7 wildlife or their parts, nests or eggs.

17-8 2. Annual licenses [for the term of 1 year from July 1 to June

17-9 30] must be issued by the Division [for the following fees:] to

17-10 applicants who satisfy the requirements established by the Division

17-11 and pay a fee of:

17-12 Fee to practice commercial taxidermy[$35] $44

17-13 Fee to practice noncommercial taxidermy [5] 20

17-14 3. Any person who wishes to obtain a license to practice

17-15 taxidermy must apply for the license on an application form

17-16 provided by the Division. The applicant must provide such

17-17 information on the form as the Commission may require by

17-18 regulation.

17-19 4. The Commission may adopt regulations governing the

17-20 licensing of taxidermists and the practice of taxidermy, including:

17-21 (a) The receipt, possession, transportation, identification,

17-22 purchase and sale of wildlife or parts thereof to be or which have

17-23 been processed by a taxidermist;

17-24 (b) The maintenance and submission of written records; and

17-25 (c) Any other matter concerning the practice, conduct and

17-26 operating procedures of taxidermists as the Commission may deem

17-27 necessary.

17-28 5. A person who is authorized to enforce the provisions of this

17-29 title may enter the facilities of a licensee at any reasonable hour and

17-30 inspect his operations and records.

17-31 6. If a licensee is convicted of a violation of any provision of

17-32 this title or the regulations adopted by the Commission, the

17-33 Commission may revoke his license and may refuse to issue another

17-34 license to him for a period not to exceed 5 years.

17-35 7. The provisions of this section do not apply to institutions of

17-36 learning of this state or of the United States, or to research activities

17-37 conducted exclusively for scientific purposes, or for the

17-38 advancement of agriculture, biology or any of the sciences.

17-39 Sec. 32. NRS 502.390 is hereby amended to read as follows:

17-40 502.390 1. Any:

17-41 (a) Person who develops or maintains an artificial or man-made

17-42 body of water, other than a body of water maintained for

17-43 agricultural or recreational purposes, containing chemicals or

18-1 substances in quantities which, with the normal use of the body of

18-2 water, causes or will cause the death of any wildlife; or

18-3 (b) Operator of a mining operation which develops or maintains

18-4 an artificial body of water containing chemicals directly associated

18-5 with the processing of ore,

18-6 must first obtain a permit from the Division authorizing the

18-7 development or maintenance of the body of water.

18-8 2. Within 30 working days after receiving an application for a

18-9 permit, the Division shall issue the permit or deny the application

18-10 and list the reasons for denial. An applicant may appeal the denial of

18-11 a permit to the Commission. A permit may be valid for up to 5

18-12 years. The [Commission may establish] applicant must pay a fee for

18-13 a permit of not more than [$100] $125 per year[.] , except that the

18-14 fee for a permit issued for a period of less than 6 months is $68.

18-15 3. Upon the transfer of ownership of any artificial or man-made

18-16 body of water as to which a permit issued pursuant to this section is

18-17 in force at the time of the transfer, the permit remains in effect for

18-18 30 days after the transfer of ownership.

18-19 4. A person holding a permit issued pursuant to this section

18-20 shall, in addition to the fee for the permit, pay to the Division an

18-21 assessment. The amount of the assessment must be determined

18-22 pursuant to regulations adopted by the Commission. The assessment

18-23 must be no more than $10,000 per year for each permit.

18-24 5. Any person who fails to obtain a permit or pay an

18-25 assessment as required by this section and the regulations adopted

18-26 pursuant thereto or who fails to comply with the provisions of a

18-27 permit is guilty of a misdemeanor for the first offense and a gross

18-28 misdemeanor for any subsequent offense.

18-29 6. As used in this section:

18-30 (a) “Mining operation” means any activity conducted in this

18-31 state by a person on or beneath the surface of land for the purpose

18-32 of, or in connection with, the development or extraction of any

18-33 mineral.

18-34 (b) “Operator” means any person who owns, controls or

18-35 manages a mining operation.

18-36 Sec. 33. NRS 503.290 is hereby amended to read as follows:

18-37 503.290 1. Except as otherwise provided in subsection 2, it is

18-38 unlawful for any person to fish in or from any of the waters of the

18-39 State of Nevada for any fish of any species in any manner other than

18-40 with hook and line attached to a rod or reel closely attended in the

18-41 manner known as angling. Only one combination of hook, line and

18-42 rod must be used by one person at any time, except that a second

18-43 combination of hook, line and rod may be used by a person if the

18-44 person:

19-1 (a) Purchases from the Division or a license agent of the

19-2 Division a stamp , [or] permit or such documentation as may be

19-3 provided by the Division for a second rod;

19-4 (b) Uses the rod in the manner prescribed in this section; and

19-5 (c) Has in his possession a valid fishing license, combined

19-6 hunting and fishing license or permit to fish issued to him by the

19-7 Division[.] , or such documentation as the Division provides as

19-8 proof that he has paid to the Division, for the licensing period that

19-9 includes the time he is fishing, the fee required pursuant to this

19-10 section.

19-11 The fee for the stamp , [or] permit or documentation is $10, and the

19-12 stamp, permit or documentation is valid only for the period for

19-13 which it is issued.

19-14 2. The Commission may by regulation authorize other methods

19-15 for taking fish. Frogs may be taken by spear, bow and arrow, hook

19-16 and line or by other methods authorized by the Commission’s

19-17 regulation.

19-18 3. For the purposes of this section, “hook” includes not more

19-19 than three baited hooks, not more than three fly hooks or not more

19-20 than two plugs or similar lures. No more than two such plugs or

19-21 lures, irrespective of the number of hooks or attractor blades

19-22 attached thereto, may be attached to the line.

19-23 Sec. 34. NRS 503.425 is hereby amended to read as follows:

19-24 503.425 1. Before a person may use any vacuum or suction

19-25 dredge equipment in any river, stream or lake of this state, he must

19-26 submit an application to the Division. The application must be

19-27 accompanied by a fee of [$5] $15 and must specify the type and size

19-28 of equipment to be used and its location. If the Division determines

19-29 that the operations will not be deleterious to fish , it shall issue a

19-30 permit to the applicant.

19-31 2. A permit issued pursuant to subsection 1 does not authorize

19-32 the recipient to use any equipment in any navigable body of water

19-33 unless the recipient has obtained the appropriate permit for such a

19-34 use from the State Land Registrar.

19-35 3. It is unlawful for any person to:

19-36 (a) Conduct dredging operations without securing a permit

19-37 pursuant to subsection 1;

19-38 (b) Operate any equipment other than that specified in the

19-39 permit; or

19-40 (c) Conduct a dredging operation outside the area designated on

19-41 the permit.

19-42 Sec. 35. NRS 503.452 is hereby amended to read as follows:

19-43 503.452 Each trap, snare or similar device used in the taking of

19-44 wild mammals may bear a number registered with the Division or be

19-45 permanently marked with the name and address of the owner or

20-1 trapper using it. If a trap is registered, the registration is permanent.

20-2 A registration fee of [$5] $10 for each registrant is payable only

20-3 once, at the time the first trap, snare or similar device is registered.

20-4 Sec. 36. NRS 503.650 is hereby amended to read as follows:

20-5 503.650 Nothing in this title:

20-6 1. Prohibits any person, upon the written permit of the

20-7 Division, from taking, killing, possessing or banding any species of

20-8 wildlife, or collecting the nest or eggs thereof, for strictly scientific

20-9 or educational purposes, the number and species of wildlife to be

20-10 limited by the Division.

20-11 2. Prevents shipping into any other county or state, under a

20-12 written permit issued by the Division, any wildlife for scientific or

20-13 educational purposes.

20-14 The amount of the fee for a permit to collect wildlife for scientific

20-15 or educational purposes is [$5.] $50.

20-16 Sec. 37. NRS 504.320 is hereby amended to read as follows:

20-17 504.320 [1. Before any shooting may be done on such

20-18 commercial or private shooting preserve, the licensee must advise

20-19 the Division, in writing, of the number of each species of upland

20-20 game bird reared, purchased or acquired for liberation, and request,

20-21 and receive in writing, a shooting authorization which states the

20-22 number of each species which may be taken by shooting.

20-23 2. Birds must be at least 8 weeks of age, full winged, and in a

20-24 condition to go wild before liberation. Before release, all birds must

20-25 be banded with legbands, the specifications of which must be

20-26 determined by commission regulation. Legbands must remain with

20-27 the birds and not be removed until the birds are utilized by the

20-28 hunter.

20-29 3. The licensee, or with his written permit the holder thereof,

20-30 may take such upland game bird from such licensed preserve by

20-31 shooting only, from August 1 to April 30, inclusive.

20-32 4. Permits to hunt on such licensed preserve may be used only

20-33 on the date of issuance, and the hunter must carry the permit on his

20-34 person at all times while on the area and while in possession of birds

20-35 taken on such area.] The Commission may establish rules and

20-36 regulations governing the species of upland game birds that may

20-37 be taken on a commercial or private shooting preserve.

20-38 Sec. 38. NRS 504.390 is hereby amended to read as follows:

20-39 504.390 1. As used in this section, unless the context requires

20-40 otherwise, “guide” means to assist another person in hunting wild

20-41 mammals or wild birds and fishing and includes the transporting of

20-42 another person or his equipment to hunting and fishing locations

20-43 within a general hunting and fishing area whether or not the guide

20-44 determines the destination or course of travel.

21-1 2. Every person who provides guide service for compensation

21-2 or provides guide service as an incidental service to customers of

21-3 any commercial enterprise, whether a direct fee is charged for the

21-4 guide service or not, [shall] must obtain a master guide license from

21-5 the Division. Such a license must not be issued to any person who

21-6 has not reached 21 years of age.

21-7 3. Each person who assists a person who is required to have a

21-8 master guide license and acts as a guide in the course of that activity

21-9 [shall] must obtain a subguide license from the Division. Such a

21-10 license must not be issued to any person who has not reached 18

21-11 years of age.

21-12 4. Fees for master guide and subguide licenses must be as

21-13 provided in NRS 502.240.

21-14 5. Any person who desires a master guide license must apply

21-15 for the license on a form prescribed and furnished by the Division.

21-16 The application must contain the social security number of the

21-17 applicant and such other information as the Commission may

21-18 require by regulation. If that person was not licensed as a master

21-19 guide during the previous licensing year, his application must be

21-20 accompanied by a [fee of $500, which is not refundable.]

21-21 nonrefundable fee of $1,500.

21-22 6. Any person who desires a subguide license must apply for

21-23 the license on a form prescribed and furnished by the Division. If

21-24 that person was not licensed as a subguide during the previous

21-25 licensing year, his application must be accompanied by a

21-26 nonrefundable fee of $50.

21-27 7. If the holder of a master guide license operates with pack or

21-28 riding animals, he shall also have a grazing or special use permit if

21-29 he operates in any area where such a permit is required.

21-30 8. The holder of a master guide license shall maintain records

21-31 of the number of hunters and fishermen served, and any other

21-32 information which the Division may require concerning fish and

21-33 game taken by such persons. Such information must be furnished to

21-34 the Division on request.

21-35 9. If any licensee under this section, or person served by a

21-36 licensee, is convicted of a violation of any provision of this title or

21-37 chapter 488 of NRS, the Commission may revoke the license of the

21-38 licensee and may refuse issuance of another license to the licensee

21-39 for a period not to exceed 5 years.

21-40 10. The Commission may adopt regulations covering the

21-41 conduct and operation of a guide service.

21-42 11. The Division may issue master guide and subguide licenses

21-43 to be valid only in certain districts in such a manner as may be

21-44 determined by the regulations of the Commission.

21-45 Sec. 39. (Deleted by amendment.)

22-1 Sec. 40. NRS 488.075 is hereby amended to read as follows:

22-2 488.075 1. The owner of each motorboat requiring

22-3 numbering by this state shall file an application for a number and for

22-4 a certificate of ownership with the Division of Wildlife of the State

22-5 Department of Conservation and Natural Resources on forms

22-6 approved by it accompanied by:

22-7 (a) Proof of payment of Nevada sales or use tax as evidenced by

22-8 proof of sale by a Nevada dealer or by a certificate of use tax paid

22-9 issued by the Department of Taxation, or by proof of exemption

22-10 from those taxes as provided in NRS 372.320.

22-11 (b) Such evidence of ownership as the Division of Wildlife may

22-12 require.

22-13 The Division of Wildlife shall not issue a number, a certificate of

22-14 number or a certificate of ownership until this evidence is presented

22-15 to it.

22-16 2. The application must be signed by the owner of the

22-17 motorboat and must be accompanied by a fee of [$15] $20 for the

22-18 certificate of ownership and a fee according to the following

22-19 schedule as determined by the straight line length which is measured

22-20 from the tip of the bow to the back of the transom of the motorboat:

22-21 Less than 13 feet...................... [$10] $20

22-22 13 feet or more but less than 18 feet[15] 25

22-23 18 feet or more but less than 22 feet[30] 40

22-24 22 feet or more but less than 26 feet[45] 55

22-25 26 feet or more but less than 31 feet[60] 75

22-26 31 feet or more .......................... [75] 100

22-27 Except as otherwise provided in this subsection, all fees received by

22-28 the Division of Wildlife under the provisions of this chapter must be

22-29 deposited in the Wildlife Account in the State General Fund and

22-30 may be expended only for the administration and enforcement of the

22-31 provisions of this chapter. On or before December 31 of each year,

22-32 the Division of Wildlife shall deposit with the respective county

22-33 school districts 50 percent of each fee collected according to the

22-34 motorboat’s length for every motorboat registered from their

22-35 respective counties. Upon receipt of the application in approved

22-36 form, the Division of Wildlife shall enter the application upon the

22-37 records of its office and issue to the applicant a certificate of number

22-38 stating the number awarded to the motorboat, a certificate of

22-39 ownership stating the same information and the name and address of

22-40 the registered owner and the legal owner.

22-41 3. A certificate of number may be renewed each year by the

22-42 purchase of a validation decal. The fee for a validation decal is

22-43 determined by the straight line length of the motorboat and is

23-1 equivalent to the fee set forth in the schedule provided in subsection

23-2 2. The amount of the fee for issuing a duplicate validation decal is

23-3 [$10.] $20.

23-4 4. The owner shall paint on or attach to each side of the bow of

23-5 the motorboat the identification number in such manner as may be

23-6 prescribed by regulations of the Commission in order that the

23-7 number may be clearly visible. The number must be maintained in

23-8 legible condition.

23-9 5. The certificate of number must be [pocket size and must be]

23-10 available at all times for inspection on the motorboat for which

23-11 issued, whenever the motorboat is in operation.

23-12 6. The Commission shall provide by regulation for the issuance

23-13 of numbers to manufacturers and dealers which may be used

23-14 interchangeably upon motorboats operated by the manufacturers and

23-15 dealers in connection with the demonstration, sale or exchange of

23-16 those motorboats. The amount of the fee for each such a number is

23-17 [$15.] $20.

23-18 Sec. 41. NRS 488.115 is hereby amended to read as follows:

23-19 488.115 1. The Division of Wildlife of the State Department

23-20 of Conservation and Natural Resources may award any certificate of

23-21 number directly or may authorize any person to act as agent for the

23-22 awarding thereof. If a person accepts the authorization, he may be

23-23 assigned a block of numbers and certificates therefor which upon

23-24 award, in conformity with the provisions of this chapter and with

23-25 any regulations of the Commission, is valid as if awarded directly

23-26 by the Division of Wildlife. At the time an agent forwards the

23-27 money collected to the Division of Wildlife , he may retain [50

23-28 cents] $1 per certificate of number.

23-29 2. All records of the Division of Wildlife made or kept

23-30 pursuant to this section are public records.

23-31 Sec. 42. NRS 488.1795 is hereby amended to read as follows:

23-32 488.1795 Upon receipt of a properly endorsed certificate of

23-33 ownership and the certificate of number of any motorboat, the

23-34 transferee shall within 10 days file the certificates accompanied by a

23-35 fee of [$5] $20 with the Division of Wildlife of the State

23-36 Department of Conservation and Natural Resources and thereby

23-37 make application for a new certificate of ownership and a new

23-38 certificate of number.

23-39 Sec. 43. (Deleted by amendment.)

23-40 Sec. 44. NRS 501.080, 501.085 and 502.230 are hereby

23-41 repealed.

23-42 Sec. 45. 1. This section becomes effective on July 1, 2003.

23-43 2. Sections 1, 2 and 3 of this act become effective on July 1,

23-44 2003, for the purpose of adopting regulations and on January 1,

23-45 2004, for all other purposes.

24-1 3. Sections 12 and 37 of this act become effective on July 1,

24-2 2003, for the purpose of adopting regulations and on March 1, 2004,

24-3 for all other purposes.

24-4 4. Sections 4, 5, 15 to 20, inclusive, and 39 to 44, inclusive, of

24-5 this act become effective on January 1, 2004.

24-6 5. Sections 4.5, 6 to 11, inclusive, 13, 14, 21 to 36, inclusive,

24-7 and 38 of this act become effective on March 1, 2004.

24-8 6. Section 38 of this act expires by limitation on the date on

24-9 which the provisions of 42 U.S.C. § 666 requiring each state to

24-10 establish procedures under which the state has authority to withhold

24-11 or suspend, or to restrict the use of professional, occupational and

24-12 recreational licenses of persons who:

24-13 (a) Have failed to comply with a subpoena or warrant relating to

24-14 a procedure to determine the paternity of a child or to establish or

24-15 enforce an obligation for the support of a child; or

24-16 (b) Are in arrears in the payment for the support of one or more

24-17 children,

24-18 are repealed by the Congress of the United States.

24-19 TEXT OF REPEALED SECTIONS

24-20 501.080 “Regular season” defined. As used in this title,

24-21 “regular season” means an open season for which tags are placed on

24-22 general sale without limit as to the number of resident hunters who

24-23 may participate, and which shall be statewide in extent, except for

24-24 variation in date between districts or the reservation of any area for

24-25 special management as a special season. The number of nonresident

24-26 tags may be limited by district in a regular season.

24-27 501.085 “Special season” defined. As used in this title,

24-28 “special season” means an open season for which tags are placed on

24-29 restricted sale to residents and nonresidents, whereby only a certain

24-30 number may be issued, as determined by lot or otherwise. Special

24-31 seasons are those designed for special management or control not

24-32 possible in regular seasons.

24-33 502.230 Issuance of deer tag to nonresident owner of land

24-34 within State: Conditions.

24-35 1. A nonresident deer tag for regular season may be issued to

24-36 any nonresident of this state or to the immediate members of such

24-37 nonresident’s family, as a bona fide owner of land within this state,

24-38 for the privilege to hunt upon that land to which he has title, if not

24-39 less than 75 percent of all land belonging to him in the State of

25-1 Nevada and upon which he proposes to hunt is open to the public for

25-2 hunting.

25-3 2. Such nonresident may hunt deer during the same periods and

25-4 subject to the same limitations as may be allowed or imposed upon

25-5 residents of Nevada in connection with such hunting if such

25-6 nonresident has first obtained a nonresident hunting license.

25-7 3. A nonresident deer tag for the regular season may be issued

25-8 by the Division only upon proof of the applicant’s title to certain

25-9 lands within this state. The Commission shall adopt and promulgate

25-10 regulations establishing requirements for obtaining tags, including a

25-11 determination that the land proposed for hunting is deer habitat.

25-12 4. Such nonresident deer tag for the regular season may be

25-13 issued only upon payment of the regular nonresident fee and is valid

25-14 for use only on the land owned and described, and such nonresident

25-15 deer tag for the regular season must indicate “nonresident

25-16 landowner.”

25-17 H