REQUIRES TWO-THIRDS MAJORITY VOTE (§§ 7, 11, 12, 14,                                                                               exempt

21-24, 28, 30-36, 40, 42)

                                                  (Reprinted with amendments adopted on May 30, 2003)

 

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 wildlife. (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; revising provisions relating to the qualifications of members of the Board of Wildlife Commissioners; revising provisions governing the killing or possessing of certain animals; 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 penalties; 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. 3.3. NRS 501.171 is hereby amended to read as follows:

1-3  501.171  1.  A county advisory board to manage wildlife shall

1-4  submit written nominations for appointments to the Commission

2-1  upon the request of the Governor and may submit nominations at

2-2  any other time.

2-3  2.  After consideration of the written nominations submitted by

2-4  a county advisory board to manage wildlife and any additional

2-5  candidates for appointment to the Commission, the Governor shall

2-6  appoint to the Commission:

2-7  (a) One member who is actively engaged in the conservation of

2-8  wildlife;

2-9  (b) One member who is actively engaged in farming;

2-10      (c) One member who is actively engaged in ranching;

2-11      (d) One member who represents the interests of the general

2-12  public; and

2-13      (e) Five members who during at least 3 of the 4 years

2-14  immediately preceding their appointment held a resident license to

2-15  fish or hunt, or both, in Nevada.

2-16      3.  The Governor shall not appoint to the Commission any

2-17  person who has been convicted of:

2-18      (a) A felony or gross misdemeanor for a violation of NRS

2-19  501.376 ; [, 502.060 or 504.395; or]

2-20      (b) A gross misdemeanor for a violation of NRS 502.060 or

2-21  504.395; or

2-22      (c) Two or more violations of the provisions of chapters 501 to

2-23  504, inclusive, of NRS,

2-24  during the previous 10 years.

2-25      4.  Not more than three members may be from the same county

2-26  whose population is 400,000 or more, not more than two members

2-27  may be from the same county whose population is 100,000 or more

2-28  but less than 400,000, and not more than one member may be from

2-29  the same county whose population is less than 100,000.

2-30      5.  The Commission shall annually select a Chairman and a

2-31  Vice Chairman from among its members. A person shall not serve

2-32  more than two consecutive terms as Chairman.

2-33      Sec. 3.7.  NRS 501.172 is hereby amended to read as follows:

2-34      501.172  1.  A member of the Commission may be removed

2-35  from office for just cause.

2-36      2.  A member of the Commission must be removed from office

2-37  for:

2-38      (a) A conviction of a felony or gross misdemeanor for a

2-39  violation of NRS 501.376 ; [, 502.060 or 504.395; or]

2-40      (b) A conviction of a gross misdemeanor for a violation of

2-41  NRS 502.060 or 504.395; or

2-42      (c) Two or more convictions of violating the provisions of

2-43  chapters 501 to 504, inclusive, of NRS.

2-44      Sec. 4.  NRS 501.181 is hereby amended to read as follows:

2-45      501.181  The Commission shall:

3-1  1.  Establish broad policies for:

3-2  (a) The protection, propagation, restoration, transplanting,

3-3  introduction and management of wildlife in this state.

3-4  (b) The promotion of the safety of persons using or property

3-5  used in the operation of vessels on the waters of this state.

3-6  (c) The promotion of uniformity of laws relating to policy

3-7  matters.

3-8  2.  Guide the Division in its administration and enforcement of

3-9  the provisions of this title and of chapter 488 of NRS by the

3-10  establishment of such policies.

3-11      3.  Establish policies for areas of interest including:

3-12      (a) The management of big and small game mammals, upland

3-13  and migratory game birds, fur-bearing mammals, game fish, and

3-14  protected and unprotected mammals, birds, fish, reptiles and

3-15  amphibians.

3-16      (b) The control of wildlife depredations.

3-17      (c) The acquisition of lands, water rights and easements and

3-18  other property for the management, propagation, protection and

3-19  restoration of wildlife.

3-20      (d) The entry, access to, and occupancy and use of such

3-21  property, including leases of grazing rights, sales of agricultural

3-22  products and requests by the Administrator to the State Land

3-23  Registrar for the sale of timber if the sale does not interfere with the

3-24  use of the property on which the timber is located for wildlife

3-25  management or for hunting or fishing thereon.

3-26      (e) The control of nonresident hunters.

3-27      (f) The introduction, transplanting or exporting of wildlife.

3-28      (g) Cooperation with federal, state and local agencies on wildlife

3-29  and boating programs.

3-30      (h) The revocation of licenses issued pursuant to this title to any

3-31  person who is convicted of a violation of any provision of this title

3-32  or any regulation adopted pursuant thereto.

3-33      4.  Establish regulations necessary to carry out the provisions of

3-34  this title and of chapter 488 of NRS, including:

3-35      (a) [Regular and special seasons] Seasons for hunting game

3-36  mammals and game birds, for hunting or trapping fur-bearing

3-37  mammals and for fishing, the daily and possession limits, the

3-38  manner and means of taking wildlife, including, but not limited to,

3-39  the sex, size or other physical differentiation for each species, and,

3-40  when necessary for management purposes, the emergency closing or

3-41  extending of a season, reducing or increasing of the bag or

3-42  possession limits on a species, or the closing of any area to hunting,

3-43  fishing or trapping. The regulations must be established after first

3-44  considering the recommendations of the Division, the county

3-45  advisory boards to manage wildlife and others who wish to present

4-1  their views at an open meeting. Any regulations relating to the

4-2  closure of a season must be based upon scientific data concerning

4-3  the management of wildlife. The data upon which the regulations

4-4  are based must be collected or developed by the Division.

4-5  (b) The manner of using, attaching, filling out, punching,

4-6  inspecting, validating or reporting tags.

4-7  (c) The delineation of game management units embracing

4-8  contiguous territory located in more than one county, irrespective of

4-9  county boundary lines.

4-10      (d) The number of licenses issued [to nonresidents] for big game

4-11  and, if necessary, other game species . [for the regular and special

4-12  seasons.]

4-13      5.  Adopt regulations requiring the Division to make public,

4-14  before official delivery, its proposed responses to any requests by

4-15  federal agencies for its comment on drafts of statements concerning

4-16  the environmental effect of proposed actions or regulations affecting

4-17  public lands.

4-18      6.  Adopt regulations:

4-19      (a) Governing the provisions of the permit required by NRS

4-20  502.390 and for the issuance, renewal and revocation of such a

4-21  permit.

4-22      (b) Establishing the method for determining the amount of an

4-23  assessment , and the time and manner of payment, necessary for the

4-24  collection of the assessment required by NRS 502.390.

4-25      7.  Designate those portions of wildlife management areas for

4-26  big game mammals that are of special concern for the regulation of

4-27  the importation, possession and propagation of alternative livestock

4-28  pursuant to NRS 576.129.

4-29      Sec. 4.3.  NRS 501.356 is hereby amended to read as follows:

4-30      501.356  1.  Money received by the Division from:

4-31      (a) The sale of licenses;

4-32      (b) Fees pursuant to the provisions of NRS 488.075 and

4-33  488.1795;

4-34      (c) Remittances from the State Treasurer pursuant to the

4-35  provisions of NRS 365.535;

4-36      (d) Appropriations made by the Legislature; and

4-37      (e) All other sources, except money derived from the forfeiture

4-38  of any property described in NRS 501.3857 or money deposited in

4-39  the Wildlife Heritage Trust Account pursuant to NRS 501.3575 or in

4-40  the Trout Management Account pursuant to NRS 502.327,

4-41  must be deposited with the State Treasurer for credit to the Wildlife

4-42  Account in the State General Fund.

4-43      2.  The interest and income earned on the money in the Wildlife

4-44  Account, after deducting any applicable charges, must be credited to

4-45  the Account.

5-1  3.  Except as otherwise provided in subsection 4, the Division

5-2  may use money in the Wildlife Account only to carry out the

5-3  provisions of this title and chapter 488 of NRS and as provided in

5-4  NRS 365.535, and the money must not be diverted to any other use.

5-5  4.  Except as otherwise provided in NRS 502.250 [, 502.310]

5-6  and 504.155, all fees for the sale or issuance of stamps, tags, permits

5-7  and licenses that are required to be deposited in the Wildlife

5-8  Account pursuant to the provisions of this title must be accounted

5-9  for separately and may be used only for the management of wildlife.

5-10      Sec. 4.7.  NRS 501.376 is hereby amended to read as follows:

5-11      501.376  1.  [Any person who unlawfully kills or possesses]

5-12  Except as otherwise provided in this section, a person shall not

5-13  intentionally kill or aid and abet another person to kill a bighorn

5-14  sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion

5-15  or black bear [without a valid tag is guilty of a gross misdemeanor.

5-16  This subsection does not prohibit the killing of such an animal if

5-17  necessary to protect the life or property of any person in imminent

5-18  danger of being attacked by such an animal.

5-19      2.] :

5-20      (a) Outside of the prescribed season set by the Commission for

5-21  the lawful hunting of that animal;

5-22      (b) Through the use of an aircraft, helicopter or motor-driven

5-23  vehicle in violation of NRS 503.010;

5-24      (c) By a method other than the method prescribed on the tag

5-25  issued by the Division for hunting that animal;

5-26      (d) In a manner, during a time or in a place otherwise

5-27  prohibited by a specific statute or a regulation adopted by the

5-28  Commission; or

5-29      (e) Without a valid tag issued by the Division for hunting that

5-30  animal. A tag issued for hunting any [big game mammal] animal

5-31  specified in this subsection [1] is not valid if knowingly used by a

5-32  person:

5-33      [(a)] (1) Other than the person specified on the tag;

5-34      [(b)] (2) Outside of the management area or other area specified

5-35  on the tag;

5-36      [(c) Outside of the dates established by the Commission for the

5-37  lawful taking of the big game mammal specified on the tag;

5-38      (d) Outside of the hours set pursuant to NRS 503.140 for the

5-39  lawful hunting of the big game mammal specified on the tag; or

5-40      (e)] or

5-41          (3) If the tag was obtained by a false or fraudulent

5-42  representation.

5-43      2.  The provisions of subsection 1 do not prohibit the killing of

5-44  an animal specified in subsection 1 if:

6-1  (a) The killing of the animal is necessary to protect the life or

6-2  property of any person in imminent danger of being attacked by

6-3  the animal; or

6-4  (b) The animal killed was not the intended target of the person

6-5  who killed the animal and the killing of the animal which was the

6-6  intended target would not violate the provisions of subsection 1.

6-7  3.  A person who violates the provisions of subsection 1 shall

6-8  be punished for a category E felony as provided in NRS 193.130

6-9  or, if the court reduces the penalty pursuant to this subsection, for

6-10  a gross misdemeanor. In determining whether to reduce the

6-11  penalty, the court shall consider:

6-12      (a) The nature of the offense;

6-13      (b) The circumstances surrounding the offense;

6-14      (c) The defendant’s understanding and appreciation of the

6-15  gravity of the offense;

6-16      (d) The attitude of the defendant towards the offense; and

6-17      (e) The general objectives of sentencing.

6-18      4.  A person shall not willfully possess any animal specified in

6-19  subsection 1 if the person knows the animal was killed in violation

6-20  of subsection 1 or the circumstances should have caused a

6-21  reasonable person to know that the animal was killed in violation

6-22  of subsection 1.

6-23      5.  A person who violates the provisions of subsection 4 is

6-24  guilty of a gross misdemeanor.

6-25      Sec. 5.  NRS 501.3855 is hereby amended to read as follows:

6-26      501.3855  1.  In addition to the penalties provided for the

6-27  violation of any of the provisions of this title, every person who

6-28  unlawfully kills or possesses a big game mammal, bobcat, swan or

6-29  eagle is liable for a civil penalty of not less than $250 nor more than

6-30  $5,000.

6-31      2.  For unlawful killing or possession of fish or wildlife not

6-32  included in subsection 1, the court may order the defendant to pay a

6-33  civil penalty of not less than $25 nor more than $1,000.

6-34      3.  For hunting, fishing or trapping without a valid license, tag

6-35  or permit, the court may order the defendant to pay a civil penalty of

6-36  not less than $50 nor more than $250.

6-37      4.  Every court, before whom a defendant is convicted of

6-38  unlawfully killing or possessing any wildlife, shall order the

6-39  defendant to pay the civil penalty in the amount stated in this section

6-40  for each mammal, bird or fish unlawfully killed or possessed. The

6-41  court shall fix the manner and time of payment.

6-42      5.  The Division may attempt to collect all penalties and

6-43  installments that are in default in any manner provided by law for

6-44  the enforcement of a judgment.

7-1  6.  If a person who is ordered to pay a civil penalty pursuant

7-2  to this section fails to do so within 90 days after the date set forth

7-3  in the order, the Division may suspend, revoke, or refuse to issue

7-4  or renew any license, tag, permit, certificate or other document or

7-5  privilege otherwise available to the person pursuant to this title or

7-6  chapter 488 of NRS.

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

7-8  this section shall forthwith remit the money to the Division which

7-9  shall deposit the money with the State Treasurer for credit to the

7-10  Wildlife Account in the State General Fund.

7-11      Sec. 5.5.  NRS 501.388 is hereby amended to read as follows:

7-12      501.388  1.  The Commission may, in addition to any

7-13  suspension, revocation or other penalty imposed pursuant to any

7-14  other provision of this title:

7-15      (a) Revoke any license of any person who is convicted of a

7-16  violation of NRS 503.050, and may refuse to issue any new license

7-17  to the convicted person for any period not to exceed 5 years after the

7-18  date of the conviction; and

7-19      (b) Revoke any license of any person who is convicted of

7-20  unlawfully killing or possessing a bighorn sheep, mountain goat,

7-21  elk, deer, pronghorn antelope, mountain lion or black bear [without

7-22  a valid tag,] in violation of NRS 501.376, and may:

7-23          (1) Refuse to issue any new license to the convicted person

7-24  for any period not to exceed 3 years; and

7-25          (2) Revoke that person’s privilege to apply for any big game

7-26  tag for a period not to exceed 10 years.

7-27      2.  The court in which the conviction is had shall require the

7-28  immediate surrender of all such licenses and shall forward them to

7-29  the Commission.

7-30      Sec. 6.  Chapter 502 of NRS is hereby amended by adding

7-31  thereto the provisions set forth as sections 7 to 11, inclusive, of this

7-32  act.

7-33      Sec. 7.  1.  Except as otherwise provided in this section, it is

7-34  unlawful for any person to hunt any upland game bird, except

7-35  turkey and crow, unless at the time he is hunting he carries on his

7-36  person such documentation as the Division provides as proof that

7-37  he has paid to the Division, for the licensing period that includes

7-38  the time he is hunting, the fee required pursuant to this section.

7-39      2.  The provisions of this section do not apply to a person who

7-40  is under the age of 12 years.

7-41      3.  The documentation required pursuant to this section must

7-42  be sold by the Division, and persons authorized by the Division to

7-43  sell hunting licenses, for a fee of $10.

7-44      4.  The Division shall determine the form of the

7-45  documentation.

8-1  Sec. 8.  All money received pursuant to section 7 of this act

8-2  must be deposited with the State Treasurer for credit to the

8-3  Wildlife Obligated Reserve Account in the State General Fund.

8-4  The Division shall maintain separate accounting records for the

8-5  receipt and expenditure of that money. An amount not to exceed

8-6  10 percent of that money may be used to reimburse the Division

8-7  for the cost of administering the program of documentation. This

8-8  amount is in addition to compensation allowed persons authorized

8-9  to issue and sell licenses.

8-10      Sec. 9.  1.  Before the Division may undertake any project

8-11  using money received pursuant to section 7 of this act, it must

8-12  analyze the project and provide the Commission with

8-13  recommendations as to the need for the project and its feasibility.

8-14      2.  Money received pursuant to section 7 of this act must be

8-15  used for projects approved by the Commission for the protection

8-16  and propagation of upland game birds and for the acquisition,

8-17  development and preservation of the habitats of upland game birds

8-18  in this state.

8-19      Sec. 10.  The Division shall, not later than the fifth calendar

8-20  day of each regular session of the Legislature, submit to it a report

8-21  summarizing any projects undertaken and the receipt and

8-22  expenditure of money and public benefits achieved by the program

8-23  for the sale of documentation to hunt any upland game bird,

8-24  except turkey and crow.

8-25      Sec. 11.  1.  In addition to any fee charged and collected for

8-26  an annual hunting, trapping, fishing or combined hunting and

8-27  fishing license pursuant to NRS 502.240, a habitat conservation

8-28  fee of $3 must be paid.

8-29      2.  The Wildlife Obligated Reserve Account is hereby created

8-30  in the State General Fund. Revenue from the habitat conservation

8-31  fee must be accounted for separately, deposited with the State

8-32  Treasurer for credit to the Wildlife Obligated Reserve Account

8-33  and, except as otherwise provided in NRS 502.310 and section 8 of

8-34  this act, used by the Division for the purposes of wildlife habitat

8-35  rehabilitation and restoration. The interest and income earned on

8-36  the money in the Wildlife Obligated Reserve Account, after

8-37  deducting any applicable charges, must be credited to the Account.

8-38      3.  The money in the Wildlife Obligated Reserve Account

8-39  remains in the Account and does not revert to the State General

8-40  Fund at the end of any fiscal year.

8-41      Sec. 12.  NRS 502.040 is hereby amended to read as follows:

8-42      502.040  1.  The Commission shall adopt regulations

8-43  [regarding:] establishing:

8-44      (a) The procedures for applying to become a license agent.

9-1  (b) The standards to be met by license agents in the performance

9-2  of their duties . [;

9-3  (b)] (c) The requirements for the furnishing of surety bonds by

9-4  license agents . [;

9-5  (c)] (d) The manner of remitting money to the Division . [; and

9-6  (d)] (e) The manner of accounting for licenses, tags, stamps ,

9-7  [and] permits and other documents received, issued, sold or

9-8  returned.

9-9  A license agent’s authority may be revoked by the Division for his

9-10  failure to abide by the regulations of the Commission. The agent

9-11  may appeal to the Commission for reinstatement.

9-12      2.  An application to become a license agent must be

9-13  accompanied by a fee of $100 for processing the application.

9-14      3.  A license agent designated by the Division is responsible for

9-15  the correct issuance of all licenses, tags, stamps , [and] permits and

9-16  other documents entrusted to him[,] and, so far as he is able, for

9-17  ensuring that no licenses are issued upon the false statement of an

9-18  applicant. Before issuing any license, the license agent shall satisfy

9-19  himself of the identity of the applicant and the place of his

9-20  residence, and may require any applicant to present proof of his

9-21  identity and residence.

9-22      [3.] 4.  A license agent is responsible to the Division for the

9-23  collection of the correct and required fee, for the safeguarding of

9-24  the money collected by him[,] and for the prompt remission to the

9-25  Division for deposit in accordance with NRS 501.356 of all money

9-26  collected. The Division shall furnish to the license agent receipts for

9-27  all money which he remits to it. A license agent shall furnish a

9-28  receipt to the Division of all licenses, tags, stamps , [or] permits and

9-29  other documents which he receives from it.

9-30      [4.] 5.  For each license, tag, stamp , [or] permit or other

9-31  document he sells, a license agent is entitled to receive a service fee

9-32  of:

9-33      (a) One dollar for each license, tag [or permit,] , permit or other

9-34  document, in addition to the fee for the license, tag [or permit;] ,

9-35  permit or other document; and

9-36      (b) Ten cents for each stamp.

9-37      [5.] 6.  Any person authorized to enforce this chapter may

9-38  inspect, during the license agent’s normal business hours, any record

9-39  or document of the agent relating to the issuance of any such

9-40  license, stamp, tag [or permit.] , permit or other document.

9-41      [6.] 7.  All money collected by a license agent, except service

9-42  fees collected pursuant to subsection [4,] 5, is public money of the

9-43  State of Nevada, and the State has a prior claim for the amount of

9-44  money due it upon all assets of the agent over all creditors,

9-45  assignees or other claimants. The use of this money for private or

10-1  business transactions is a misuse of public [funds] money and

10-2  punishable under the laws provided.

10-3      Sec. 13.  (Deleted by amendment.)

10-4      Sec. 14.  NRS 502.077 is hereby amended to read as follows:

10-5      502.077  1.  The Division shall issue special fishing permits to

10-6  [the administrative head of:

10-7      (a) Northern Nevada Adult Mental Health Services;

10-8      (b) Southern Nevada Adult Mental Health Services;

10-9      (c) The Northern Nevada Children’s Home;

10-10     (d) The Southern Nevada Children’s Home;

10-11     (e) The Nevada Youth Training Center;

10-12     (f) The Caliente Youth Center;

10-13     (g) The Spring Mountain Youth Camp;

10-14     (h) The China Spring Youth Camp;

10-15     (i) Any facility] each public and private nonprofit:

10-16     (a) Mental health facility or hospital that provides mental

10-17  health services;

10-18     (b) Facility for the detention or correctional care of juveniles;

10-19     (c) Rehabilitation center within a hospital;

10-20     (d) Facility or establishment that provides care for older

10-21  persons;

10-22     (e) Facility which provides temporary foster care for children

10-23  who are not delinquent; and

10-24     [(j) Such other public or charitable institutions or organizations

10-25  as are designated by regulations adopted by the Commission, for use

10-26  only by the members, patients or children of such institutions or

10-27  organizations.]

10-28     (f) Club or other social group operated for the benefit of

10-29  disadvantaged or at-risk children.

10-30     2.  The permits:

10-31     (a) Must be in the possession of the officer or employee of the

10-32  organization who is supervising a member, patient or child while he

10-33  is fishing.

10-34     (b) Authorize a member, patient or child to fish in a legal

10-35  manner if in the company of an officer or employee of one of the

10-36  [institutions] organizations listed in this section[, or of an

10-37  organization provided for by regulation,] if the officer or employee

10-38  has a valid Nevada fishing license.

10-39     (c) Must be issued pursuant and subject to regulations

10-40  prescribed by the Commission.

10-41     (d) Must contain the words “Nevada Special Fishing Permit”

10-42  and the number of the permit printed on the face of the permit.

10-43     (e) May authorize no more than 15 members, patients or

10-44  children, respectively, to fish.

11-1      3.  Each [institution or] organization shall pay to the Division

11-2  an annual fee of [$15] $25 for each permit issued to the [institution

11-3  or] organization pursuant to this section. The Division shall not

11-4  issue more than two permits per year to each [institution or]

11-5  organization.

11-6      4.  It is unlawful for any person other than a member, patient or

11-7  child in one of these organizations [or institutions] to fish with a

11-8  permit issued by the Division pursuant to this section.

11-9      Sec. 15.  NRS 502.130 is hereby amended to read as follows:

11-10     502.130  1.  In addition to the regular hunting licenses and

11-11  trapping licenses provided for in this chapter, additional licenses, to

11-12  be known as tags, are required to hunt any deer, elk, antelope,

11-13  mountain sheep or bear.

11-14     2.  Whenever it is determined by the Commission that it is

11-15  necessary for correct management:

11-16     (a) Tags also may be required to hunt, trap or fish for any other

11-17  species of wildlife. The [tags may be used in any area in the State

11-18  during the regular season and may not be limited in number or to

11-19  any area, unless a special season has been designated in a

11-20  management area, in which case the] Commission may limit the

11-21  number of tags to be used in [that] a management area.

11-22     (b) Permits and seals may be required to hunt, trap, fish or to

11-23  possess any species of wildlife.

11-24     3.  The Commission shall set the fee for all permits and seals

11-25  issued pursuant to paragraph (b) of subsection 2.

11-26     Sec. 16.  NRS 502.145 is hereby amended to read as follows:

11-27     502.145  1.  An owner, lessee or manager of private land in

11-28  this state may apply to the Division for the issuance to him of one or

11-29  more deer or antelope tags as provided in this section. The tags must

11-30  be issued as compensation for damage caused by deer or antelope to

11-31  the private land or to any improvements thereon.

11-32     2.  An application made pursuant to this section must:

11-33     (a) Be made in the form prescribed by the Division;

11-34     (b) Establish to the satisfaction of the Division that the applicant

11-35  has sustained damage of the kind described in subsection 1; and

11-36     (c) Be accompanied by the fee charged for the tags pursuant to

11-37  NRS 502.250 and any fee charged for administrative costs.

11-38     3.  The Division shall review the application, may conduct any

11-39  investigation it deems appropriate and, if it approves the application,

11-40  shall issue to the applicant not more than one tag for each 50

11-41  animals present on the private land owned, leased or managed by

11-42  the applicant. Both deer and antelope tags may be issued to an

11-43  applicant.

11-44     4.  A tag issued as compensation for damage pursuant to this

11-45  section:

12-1      (a) May be used by the owner, lessee or manager of the private

12-2  land if he holds a valid Nevada hunting license, or may be sold by

12-3  that person to any holder of a valid Nevada hunting license at any

12-4  price mutually agreed upon;

12-5      (b) Except as otherwise provided in subparagraph (2) of

12-6  paragraph (c) , [of this subsection,] must be used on the private land

12-7  or in the unit or units within the management area or areas in which

12-8  the private land is located; and

12-9      (c) May only be used during:

12-10         (1) The open season for the species for which the tag is

12-11  issued; or

12-12         (2) A [special] season prescribed by regulation of the

12-13  Commission for the use of such tags only on the private land.

12-14     5.  As a condition of receiving a tag from the Division pursuant

12-15  to this section, an owner, lessee or manager who is lawfully in

12-16  control of private land that blocks access to adjacent public land

12-17  must provide access to the public land during the hunting season to

12-18  a person or hunting party with a tag for the purpose of hunting on

12-19  the public land.

12-20     6.  Insofar as they are consistent with this section, the

12-21  provisions of this title and of the regulations adopted by the

12-22  Commission apply to the issuance and use of tags pursuant to this

12-23  section. The Commission:

12-24     (a) Shall by regulation establish the maximum number of tags

12-25  which may be issued annually by the Division pursuant to this

12-26  section, which must not exceed 1.5 percent of the total number of

12-27  deer and antelope tags which are authorized for issuance annually

12-28  throughout the State; and

12-29     (b) May adopt any other regulations it deems necessary to carry

12-30  out the provisions of this section.

12-31     7.  The Administrator shall, not later than the fifth calendar day

12-32  of each regular session of the Legislature, submit to the Director of

12-33  the Legislative Counsel Bureau for distribution to the Legislature a

12-34  report summarizing the activities of the Division taken pursuant to

12-35  the provisions of this section during the preceding biennium,

12-36  including any problems associated with the issuance and use of tags

12-37  authorized by this section and any recommendations for correcting

12-38  those problems.

12-39     Sec. 17.  (Deleted by amendment.)

12-40     Sec. 18.  NRS 502.175 is hereby amended to read as follows:

12-41     502.175  1.  The Division shall contract with a private entity to

12-42  conduct a drawing and to award and issue the tags [for a special

12-43  season.] or permits as established by the Commission. The drawing

12-44  must be conducted using a computer program that awards tags or

12-45  permits based on a random order of selection. The contract must

13-1  provide for the acquisition by the Division of the ownership of the

13-2  computer program at the end of the term of the contract. The

13-3  Division shall solicit bids for the contract pursuant to the provisions

13-4  of chapter 333 of NRS.

13-5      2.  The Division shall:

13-6      (a) Provide to the private entity to whom a contract is awarded

13-7  pursuant to the provisions of subsection 1 any applications for tags,

13-8  permits, documents or other information required by the private

13-9  entity to conduct the drawing; and

13-10     (b) Otherwise cooperate with the private entity in conducting the

13-11  drawing.

13-12     3.  As soon as practicable after the drawing is completed, the

13-13  private entity shall submit the results of the drawing to the Division.

13-14     4.  If no private entity qualifies for the awarding of the contract

13-15  specified in subsection 1, the Division shall conduct a drawing to

13-16  award tags [for a special season] or permits in the manner set forth

13-17  in the regulations adopted by the Commission pursuant to the

13-18  provisions of subsection 5.

13-19     5.  The Commission shall adopt regulations necessary to carry

13-20  out the provisions of this section, including regulations that

13-21  prescribe the manner in which the Division [must] shall conduct a

13-22  drawing specified in subsection 1 if no private entity qualifies for

13-23  the awarding of the contract.

13-24     Sec. 19.  NRS 502.190 is hereby amended to read as follows:

13-25     502.190  1.  Tags for hunting wildlife [in regular season by

13-26  nonresident hunters] may be limited to a certain number in any

13-27  management area, which management area may include all of any

13-28  county, any portion of any county[,] or any continuous area in

13-29  adjacent counties.

13-30     2.  Whenever a limit is placed upon the number of tags

13-31  available to [nonresident] hunters in any management area , the

13-32  Commission shall determine the manner in which the tags are

13-33  issued, whether by lot or by sale to first applicants, the manner of

13-34  application, the manner of delivering the tags and other necessary

13-35  matters.

13-36     3.  Whenever applications, money or tags and licenses are

13-37  entrusted to the mails , the Commission is not responsible for loss or

13-38  delay in the mails.

13-39     Sec. 20.  NRS 502.200 is hereby amended to read as follows:

13-40     502.200  [It] Except as otherwise authorized pursuant to

13-41  regulations adopted by the Commission, it is unlawful for any

13-42  [nonresident] hunter:

13-43     1.  To obtain tags or permits for more than one management

13-44  area . [in regular season.]

14-1      2.  To use tags in any management area or at any time other

14-2  than at the time and place intended.

14-3      Sec. 21.  NRS 502.210 is hereby amended to read as follows:

14-4      502.210  A duplicate tag may not be issued except as follows:

14-5      1.  Upon receiving an affidavit of an applicant that a tag

14-6  previously issued has been lost , stolen or destroyed and upon

14-7  payment of a fee of [$5,] $10, the Division shall issue a duplicate

14-8  tag to the applicant.

14-9      2.  Upon receiving an affidavit of an applicant that he has not

14-10  received the tag for which he applied and paid the required fee, the

14-11  Division may[, not earlier than 7 days after the date on which the

14-12  tag was mailed,] issue a duplicate tag to the applicant upon payment

14-13  of a fee of [$5.] $10.

14-14     3.  The provisions of this section do not affect the issuance of a

14-15  replacement tag pursuant to NRS 502.215.

14-16     Sec. 22.  NRS 502.240 is hereby amended to read as follows:

14-17     502.240  The Division shall issue annual licenses and limited

14-18  permits:

14-19     1.  To any person who has not attained his 16th birthday and

14-20  who has been a bona fide resident of the State of Nevada for 6

14-21  months immediately preceding his application for a license, upon

14-22  payment of [$5] a fee of $10 for an annual trapping license.

14-23     2.  Except as otherwise provided in NRS 502.245 and 504.390,

14-24  to any person who has attained his 16th birthday and who has been a

14-25  bona fide resident of the State of Nevada for 6 months immediately

14-26  preceding his application for a license, upon the payment of a fee of:

 

14-27  For a fishing license................. [$20] $25

14-28  For a 1-day permit to fish................. [6] 8

14-29  For each consecutive day added to a 1-day permit

14-30  to fish................................................ [2] 3

14-31  For a hunting license.................... [23] 29

14-32  For a combined hunting and fishing license    [38] 50

14-33  For a trapping license................... [30] 38

14-34  For a fur dealer’s license............. [50] 63

14-35  For an annual master guide’s license[250] 750

14-36  For an annual subguide’s license[75] 125

 

14-37     3.  To any person who has attained his 12th birthday but who

14-38  has not attained his 16th birthday, and who is not a bona fide

14-39  resident of the State of Nevada, upon the payment of [$8] a fee of

14-40  $17 for an annual fishing license . [, except for a fishing license to

14-41  fish in the reciprocal waters of the Colorado River, Lake Mead and

14-42  Lake Mohave, which annual license must cost a sum agreed upon by

15-1  the Commission and the Arizona Game and Fish Commission, but

15-2  not to exceed $30.]

15-3      4.  Except as otherwise provided in subsection 3, to any person

15-4  who is not a bona fide resident of the State of Nevada, upon the

15-5  payment of a fee of:

 

15-6  [For a fishing license, except for a fishing license

15-7  to fish in the reciprocal waters of the Colorado

15-8  River, Lake Mead and Lake Mohave, which

15-9  license must cost a sum agreed upon by the

15-10  Commission and the Arizona Game and Fish

15-11  Commission, but not to exceed $30$50]

15-12  For an annual fishing license......... $65

15-13  For a 1-day permit to fish............ [11] 17

15-14  For each consecutive day added to a 1-day permit

15-15  to fish................................................ [4] 7

15-16  For a hunting license............... [110] 138

15-17  For a combined hunting and fishing license   195

15-18  For an annual trapper’s license[150] 188

15-19  For a fur dealer’s license......... [100] 125

15-20  For an annual master guide’s license[500] 1,500

15-21  For an annual subguide’s license[150] 250

15-22  For a 1-day permit to hunt upland game and

15-23  waterfowl...................................... [15] 20

15-24  For each consecutive day added to a 1-day permit

15-25  to hunt upland game and waterfowl[5] 8

 

15-26     5.  To any person, without regard to residence, upon the

15-27  payment of a fee of:

 

15-28  For a noncommercial license for the possession

15-29  of live wildlife............................ [$5] $15

15-30  For a commercial or private shooting preserve  [100] 125

15-31  For a commercial license for the possession of

15-32  live wildlife.............................. [100] 500

15-33  For a live bait dealer’s permit...... [35] 44

15-34  For a competitive field trials permit[25] 31

15-35  For a permit to train dogs or falcons[5] 15

15-36  For a 1-year falconry license....... [30] 38

15-37  For a 3-year falconry license....... [75] 94

15-38  For an importation permit.............. [5] 15

15-39  For an import eligibility permit... [25] 31

15-40  For an exportation permit.............. [5] 15

16-1  For any other special permit issued by the Division, a fee not

16-2  to exceed [$100] the highest fee established for any other

16-3  special permit set by the Commission.

16-4      Sec. 23.  NRS 502.245 is hereby amended to read as follows:

16-5      502.245  1.  The Division shall issue any hunting or fishing

16-6  license or combined hunting and fishing license authorized under

16-7  the provisions of this chapter, upon proof satisfactory of the

16-8  requisite facts and payment of the applicable fee, to any person who

16-9  has resided in this state:

16-10     (a) For the 6-month period immediately preceding the date of

16-11  his application for a license and:

16-12         (1) Has a severe physical disability; or

16-13         (2) Has attained his 12th birthday but has not attained his

16-14  16th birthday; or

16-15     (b) Continuously for 5 years immediately preceding the date of

16-16  this application for a license and is 65 years of age or older.

16-17     2.  The Division shall charge and collect [for such a:

 

16-18  Hunting license..................................... $4

16-19  Fishing license........................................ 4

16-20  Combined hunting and fishing license. 7]

16-21  a fee of:

16-22  For a hunting license......................... $9

16-23  For a fishing license............................. 9

16-24  For a combined hunting and fishing license   17

 

16-25     3.  For the purposes of this section, “severe physical disability”

16-26  means a physical disability which materially limits the person’s

16-27  ability to engage in gainful employment.

16-28     Sec. 24.  NRS 502.250 is hereby amended to read as follows:

16-29     502.250  1.  [Except as otherwise provided in this section, the

16-30  following fees must be charged for tags:] The amount of the fee

16-31  that must be charged for the following tags is:

 

16-32  Resident deer tag [for regular season$15

16-33  Nonresident and alien deer tag for regular season  60] $30

16-34  Resident antelope tag................... [50] 60

16-35  Resident elk tag........................ [100] 120

16-36  Resident bighorn tag................ [100] 120

16-37  Resident mountain goat tag..... [100] 120

16-38  Resident mountain lion tag.................. 25

16-39  Nonresident deer tag........................ 240

16-40  Nonresident antelope tag................. 300

16-41  Nonresident elk tag....................... 1,200

16-42  Nonresident bighorn tag............... 1,200

17-1  Nonresident mountain goat tag.. $1,200

17-2  Nonresident mountain lion tag........ 100

 

17-3      2.  [Other] The amount of the fee for other resident or

17-4  nonresident big game tags [for special seasons must not exceed

17-5  $50. Other nonresident big game tags for special seasons] must not

17-6  exceed [$1,000.

17-7      3.  Tags] the highest fee for a resident or nonresident big

17-8  game tag established pursuant to this section.

17-9      3.  The amount of the fee for a tag determined to be necessary

17-10  by the Commission for other species pursuant to NRS 502.130 must

17-11  not exceed [$100.] the highest fee for a resident or nonresident tag

17-12  established pursuant to this section.

17-13     4.  A fee not to exceed $10 may be charged for processing an

17-14  application for a [tag] game species or permit other than an

17-15  application for an elk . [tag.] A fee of not less than $5 but not more

17-16  than $15 must be charged for processing an application for an elk ,

17-17  [tag,] $5 of which must be deposited with the State Treasurer for

17-18  credit to the Wildlife Obligated Reserve Account in the State

17-19  General Fund and used for the prevention and mitigation of damage

17-20  caused by elk or game mammals not native to this state.

17-21     5.  The Commission may accept sealed bids for or may auction

17-22  not more than 15 big game tags and not more than 5 wild turkey

17-23  tags each year. To reimburse the Division for the cost of managing

17-24  wildlife and administering and conducting the bid or auction, not

17-25  more than 18 percent of the total amount of money received from

17-26  the bid or auction may be deposited with the State Treasurer for

17-27  credit to the Wildlife Account in the State General Fund. Any

17-28  amount of money received from the bid or auction that is not so

17-29  deposited must be deposited with the State Treasurer for credit to

17-30  the Wildlife Heritage Trust Account in the State General Fund in

17-31  accordance with the provisions of NRS 501.3575.

17-32     6.  The Commission may by regulation establish an additional

17-33  drawing for big game tags, which may be entitled the Partnership in

17-34  Wildlife Drawing. To reimburse the Division for the cost of

17-35  managing wildlife and administering and conducting the drawing,

17-36  not more than 18 percent of the total amount of money received

17-37  from the drawing may be deposited with the State Treasurer for

17-38  credit to the Wildlife Account in the State General Fund. Except as

17-39  otherwise provided by regulations adopted by the Commission

17-40  pursuant to subsection 7, the money received by the Division from

17-41  applicants in the drawing who are not awarded big game tags must

17-42  be deposited with the State Treasurer for credit to the Wildlife

17-43  Heritage Trust Account in accordance with the provisions of

17-44  NRS 501.3575.

18-1      7.  The Commission may adopt regulations which authorize the

18-2  return of all or a portion of any fee collected from a person pursuant

18-3  to the provisions of this section.

18-4      Sec. 25.  (Deleted by amendment.)

18-5      Sec. 26.  NRS 502.280 is hereby amended to read as follows:

18-6      502.280  1.  All resident [Indians] Native Americans of the

18-7  State of Nevada are exempt from the payment of fees for fishing and

18-8  hunting licenses.

18-9      2.  When applying for a free fishing [and hunting licenses,

18-10  resident Indians] or hunting license, a resident Native American of

18-11  the State of Nevada shall exhibit [to the county clerk or license

18-12  agent written identification signed by an officer of the Bureau of

18-13  Indian Affairs of the United States Department of the Interior, or] a

18-14  document issued in this state by the chairman of a tribal council or

18-15  chief of [an Indian] a Native American tribe, or an officer of a

18-16  reservation, colony or educational institution, stating that the bearer

18-17  is a resident [Indian] Native American of the State of Nevada.

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

18-19  reservation in this state , all [resident Indians,] Native Americans,

18-20  otherwise exempt under subsection 1, [shall] must secure resident

18-21  deer tags or other resident big game tags and pay the fee provided

18-22  therefor in NRS 502.250.

18-23     Sec. 27.  (Deleted by amendment.)

18-24     Sec. 28.  NRS 502.300 is hereby amended to read as follows:

18-25     502.300  1.  Except as otherwise provided in subsection 2, it is

18-26  unlawful for any person to hunt any migratory game bird, except

18-27  jacksnipe, coot, gallinule, western mourning dove, white-winged

18-28  dove and band-tailed pigeon[,] unless at the time he is hunting he

18-29  carries on his person:

18-30     (a) An unexpired state duck stamp validated by his signature in

18-31  ink across the face of the stamp; or

18-32     (b) Such documentation as the Division provides [via the

18-33  Internet] as proof that he has paid to the Division, for the licensing

18-34  period that includes the time he is hunting, the same fee as that

18-35  required pursuant to subsection 3 for the purchase of an unexpired

18-36  state duck stamp for that period.

18-37     2.  The provisions of subsection 1 do not apply to a person who:

18-38     (a) Is under the age of 12 years; or

18-39     (b) Is 65 years of age or older.

18-40     3.  Unexpired duck stamps must be sold for a fee of not more

18-41  than [$5] $10 each by the Division and by persons authorized by the

18-42  Division to sell hunting licenses. The Commission shall establish

18-43  the price to be charged by the Division or agents of the Division for

18-44  expired duck stamps . [, and the fee for unexpired duck stamps

18-45  within the limit provided.]

19-1      4.  The Division shall determine the form of the stamps.

19-2      Sec. 28.5.  NRS 502.310 is hereby amended to read as follows:

19-3      502.310  All money received pursuant to NRS 502.300 must be

19-4  deposited with the State Treasurer for credit to the Wildlife

19-5  Obligated Reserve Account in the State General Fund. The Division

19-6  shall maintain separate accounting records for the receipt and

19-7  expenditure of that money. An amount not to exceed 10 percent of

19-8  that money may be used to reimburse the Division for the cost of

19-9  administering the state duck stamp programs. This amount is in

19-10  addition to compensation allowed persons authorized to issue and

19-11  sell licenses.

19-12     Sec. 29.  NRS 502.326 is hereby amended to read as follows:

19-13     502.326  1.  Except as otherwise provided in subsection 2, it is

19-14  unlawful for any person to take or possess trout unless at the time he

19-15  is fishing he carries on his person:

19-16     (a) An unexpired state trout stamp affixed to his fishing license

19-17  and validated by his signature in ink across the face of the stamp; or

19-18     (b) Such documentation as the Division provides [via the

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

19-20  period that includes the time he is fishing, the same fee as that

19-21  required pursuant to subsection 3 for the purchase of a state trout

19-22  stamp for that period.

19-23     2.  The provisions of subsection 1 do not apply to a person who:

19-24     (a) Is under the age of 12; or

19-25     (b) Is fishing:

19-26         (1) Under the authority of a valid 1-day permit to fish or

19-27  during a consecutive day validly added to that permit; or

19-28         (2) In accordance with regulations adopted by the

19-29  Commission pursuant to subparagraph (2) of paragraph (e) of

19-30  subsection 1 of NRS 502.010.

19-31     3.  State trout stamps must be sold for a fee of $10 each by the

19-32  Division and by persons authorized by the Division to sell hunting,

19-33  fishing and trapping licenses.

19-34     4.  The Division shall determine the form of the stamps.

19-35     Sec. 30.  NRS 502.350 is hereby amended to read as follows:

19-36     502.350  1.  The Commission may authorize an instructor to

19-37  collect a fee of not more than [$5] $10 from each person obtaining

19-38  instruction in the responsibilities of hunters.

19-39     2.  The Commission may authorize the imposition of an

19-40  administrative fee of not more than [$5] $10 for the issuance of a

19-41  duplicate certificate of successful completion of the course.

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 of:

 

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

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

 

20-7      3.  Any person who wishes to obtain a license to practice

20-8  taxidermy must apply for the license on an application form

20-9  provided by the Division. The applicant must provide such

20-10  information on the form as the Commission may require by

20-11  regulation.

20-12     4.  The Commission may adopt regulations governing the

20-13  licensing of taxidermists and the practice of taxidermy, including:

20-14     (a) The receipt, possession, transportation, identification,

20-15  purchase and sale of wildlife or parts thereof to be or which have

20-16  been processed by a taxidermist;

20-17     (b) The maintenance and submission of written records; and

20-18     (c) Any other matter concerning the practice, conduct and

20-19  operating procedures of taxidermists as the Commission may deem

20-20  necessary.

20-21     5.  A person who is authorized to enforce the provisions of this

20-22  title may enter the facilities of a licensee at any reasonable hour and

20-23  inspect his operations and records.

20-24     6.  If a licensee is convicted of a violation of any provision of

20-25  this title or the regulations adopted by the Commission, the

20-26  Commission may revoke his license and may refuse to issue another

20-27  license to him for a period not to exceed 5 years.

20-28     7.  The provisions of this section do not apply to institutions of

20-29  learning of this state or of the United States, or to research activities

20-30  conducted exclusively for scientific purposes, or for the

20-31  advancement of agriculture, biology or any of the sciences.

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

20-33     502.390  1.  Any:

20-34     (a) Person who develops or maintains an artificial or man-made

20-35  body of water, other than a body of water maintained for

20-36  agricultural or recreational purposes, containing chemicals or

20-37  substances in quantities which, with the normal use of the body of

20-38  water, causes or will cause the death of any wildlife; or

20-39     (b) Operator of a mining operation which develops or maintains

20-40  an artificial body of water containing chemicals directly associated

20-41  with the processing of ore,

20-42  must first obtain a permit from the Division authorizing the

20-43  development or maintenance of the body of water.

21-1      2.  Within 30 working days after receiving an application for a

21-2  permit, the Division shall issue the permit or deny the application

21-3  and list the reasons for denial. An applicant may appeal the denial of

21-4  a permit to the Commission. A permit may be valid for up to 5

21-5  years. The [Commission may establish] applicant must pay a fee for

21-6  a permit of not more than [$100] $125 per year[.] , except that the

21-7  fee for a permit issued for a period of less than 6 months is $68.

21-8      3.  Upon the transfer of ownership of any artificial or man-made

21-9  body of water as to which a permit issued pursuant to this section is

21-10  in force at the time of the transfer, the permit remains in effect for

21-11  30 days after the transfer of ownership.

21-12     4.  A person holding a permit issued pursuant to this section

21-13  shall, in addition to the fee for the permit, pay to the Division an

21-14  assessment. The amount of the assessment must be determined

21-15  pursuant to regulations adopted by the Commission. The assessment

21-16  must be no more than $10,000 per year for each permit.

21-17     5.  Any person who fails to obtain a permit or pay an

21-18  assessment as required by this section and the regulations adopted

21-19  pursuant thereto or who fails to comply with the provisions of a

21-20  permit is guilty of a misdemeanor for the first offense and a gross

21-21  misdemeanor for any subsequent offense.

21-22     6.  As used in this section:

21-23     (a) “Mining operation” means any activity conducted in this

21-24  state by a person on or beneath the surface of land for the purpose

21-25  of, or in connection with, the development or extraction of any

21-26  mineral.

21-27     (b) “Operator” means any person who owns, controls or

21-28  manages a mining operation.

21-29     Sec. 33.  NRS 503.290 is hereby amended to read as follows:

21-30     503.290  1.  Except as otherwise provided in subsection 2, it is

21-31  unlawful for any person to fish in or from any of the waters of the

21-32  State of Nevada for any fish of any species in any manner other than

21-33  with hook and line attached to a rod or reel closely attended in the

21-34  manner known as angling. Only one combination of hook, line and

21-35  rod must be used by one person at any time, except that a second

21-36  combination of hook, line and rod may be used by a person if the

21-37  person:

21-38     (a) Purchases from the Division or a license agent of the

21-39  Division a stamp , [or] permit or such documentation as may be

21-40  provided by the Division for a second rod;

21-41     (b) Uses the rod in the manner prescribed in this section; and

21-42     (c) Has in his possession a valid fishing license, combined

21-43  hunting and fishing license or permit to fish issued to him by the

21-44  Division[.] , or such documentation as the Division provides as

21-45  proof that he has paid to the Division, for the licensing period that

22-1  includes the time he is fishing, the fee required pursuant to this

22-2  section.

22-3  The fee for the stamp , [or] permit or documentation is $10, and the

22-4  stamp, permit or documentation is valid only for the period for

22-5  which it is issued.

22-6      2.  The Commission may by regulation authorize other methods

22-7  for taking fish. Frogs may be taken by spear, bow and arrow, hook

22-8  and line or by other methods authorized by the Commission’s

22-9  regulation.

22-10     3.  For the purposes of this section, “hook” includes not more

22-11  than three baited hooks, not more than three fly hooks or not more

22-12  than two plugs or similar lures. No more than two such plugs or

22-13  lures, irrespective of the number of hooks or attractor blades

22-14  attached thereto, may be attached to the line.

22-15     Sec. 34.  NRS 503.425 is hereby amended to read as follows:

22-16     503.425  1.  Before a person may use any vacuum or suction

22-17  dredge equipment in any river, stream or lake of this state, he must

22-18  submit an application to the Division. The application must be

22-19  accompanied by a fee of [$5] $15 and must specify the type and size

22-20  of equipment to be used and its location. If the Division determines

22-21  that the operations will not be deleterious to fish , it shall issue a

22-22  permit to the applicant.

22-23     2.  A permit issued pursuant to subsection 1 does not authorize

22-24  the recipient to use any equipment in any navigable body of water

22-25  unless the recipient has obtained the appropriate permit for such a

22-26  use from the State Land Registrar.

22-27     3.  It is unlawful for any person to:

22-28     (a) Conduct dredging operations without securing a permit

22-29  pursuant to subsection 1;

22-30     (b) Operate any equipment other than that specified in the

22-31  permit; or

22-32     (c) Conduct a dredging operation outside the area designated on

22-33  the permit.

22-34     Sec. 35.  NRS 503.452 is hereby amended to read as follows:

22-35     503.452  Each trap, snare or similar device used in the taking of

22-36  wild mammals may bear a number registered with the Division or be

22-37  permanently marked with the name and address of the owner or

22-38  trapper using it. If a trap is registered, the registration is permanent.

22-39  A registration fee of [$5] $10 for each registrant is payable only

22-40  once, at the time the first trap, snare or similar device is registered.

22-41     Sec. 36.  NRS 503.650 is hereby amended to read as follows:

22-42     503.650  Nothing in this title:

22-43     1.  Prohibits any person, upon the written permit of the

22-44  Division, from taking, killing, possessing or banding any species of

22-45  wildlife, or collecting the nest or eggs thereof, for strictly scientific

23-1  or educational purposes, the number and species of wildlife to be

23-2  limited by the Division.

23-3      2.  Prevents shipping into any other county or state, under a

23-4  written permit issued by the Division, any wildlife for scientific or

23-5  educational purposes.

23-6  The amount of the fee for a permit to collect wildlife for scientific

23-7  or educational purposes is [$5.] $50.

23-8      Sec. 37.  NRS 504.320 is hereby amended to read as follows:

23-9      504.320  [1.  Before any shooting may be done on such

23-10  commercial or private shooting preserve, the licensee must advise

23-11  the Division, in writing, of the number of each species of upland

23-12  game bird reared, purchased or acquired for liberation, and request,

23-13  and receive in writing, a shooting authorization which states the

23-14  number of each species which may be taken by shooting.

23-15     2.  Birds must be at least 8 weeks of age, full winged, and in a

23-16  condition to go wild before liberation. Before release, all birds must

23-17  be banded with legbands, the specifications of which must be

23-18  determined by commission regulation. Legbands must remain with

23-19  the birds and not be removed until the birds are utilized by the

23-20  hunter.

23-21     3.  The licensee, or with his written permit the holder thereof,

23-22  may take such upland game bird from such licensed preserve by

23-23  shooting only, from August 1 to April 30, inclusive.

23-24     4.  Permits to hunt on such licensed preserve may be used only

23-25  on the date of issuance, and the hunter must carry the permit on his

23-26  person at all times while on the area and while in possession of birds

23-27  taken on such area.] The Commission may establish rules and

23-28  regulations governing the species of upland game birds that may

23-29  be taken on a commercial or private shooting preserve.

23-30     Sec. 38.  NRS 504.390 is hereby amended to read as follows:

23-31     504.390  1.  As used in this section, unless the context requires

23-32  otherwise, “guide” means to assist another person in hunting wild

23-33  mammals or wild birds and fishing and includes the transporting of

23-34  another person or his equipment to hunting and fishing locations

23-35  within a general hunting and fishing area whether or not the guide

23-36  determines the destination or course of travel.

23-37     2.  Every person who provides guide service for compensation

23-38  or provides guide service as an incidental service to customers of

23-39  any commercial enterprise, whether a direct fee is charged for the

23-40  guide service or not, [shall] must obtain a master guide license from

23-41  the Division. Such a license must not be issued to any person who

23-42  has not reached 21 years of age.

23-43     3.  Each person who assists a person who is required to have a

23-44  master guide license and acts as a guide in the course of that activity

23-45  [shall] must obtain a subguide license from the Division. Such a

24-1  license must not be issued to any person who has not reached 18

24-2  years of age.

24-3      4.  Fees for master guide and subguide licenses must be as

24-4  provided in NRS 502.240.

24-5      5.  Any person who desires a master guide license must apply

24-6  for the license on a form prescribed and furnished by the Division.

24-7  The application must contain the social security number of the

24-8  applicant and such other information as the Commission may

24-9  require by regulation. If that person was not licensed as a master

24-10  guide during the previous licensing year, his application must be

24-11  accompanied by a [fee of $500, which is not refundable.]

24-12  nonrefundable fee of $1,500.

24-13     6.  Any person who desires a subguide license must apply for

24-14  the license on a form prescribed and furnished by the Division. If

24-15  that person was not licensed as a subguide during the previous

24-16  licensing year, his application must be accompanied by a

24-17  nonrefundable fee of $50.

24-18     7.  If the holder of a master guide license operates with pack or

24-19  riding animals, he shall also have a grazing or special use permit if

24-20  he operates in any area where such a permit is required.

24-21     8.  The holder of a master guide license shall maintain records

24-22  of the number of hunters and fishermen served, and any other

24-23  information which the Division may require concerning fish and

24-24  game taken by such persons. Such information must be furnished to

24-25  the Division on request.

24-26     9.  If any licensee under this section, or person served by a

24-27  licensee, is convicted of a violation of any provision of this title or

24-28  chapter 488 of NRS, the Commission may revoke the license of the

24-29  licensee and may refuse issuance of another license to the licensee

24-30  for a period not to exceed 5 years.

24-31     10.  The Commission may adopt regulations covering the

24-32  conduct and operation of a guide service.

24-33     11.  The Division may issue master guide and subguide licenses

24-34  to be valid only in certain districts in such a manner as may be

24-35  determined by the regulations of the Commission.

24-36     Sec. 39.  (Deleted by amendment.)

24-37     Sec. 40.  NRS 488.075 is hereby amended to read as follows:

24-38     488.075  1.  The owner of each motorboat requiring

24-39  numbering by this state shall file an application for a number and for

24-40  a certificate of ownership with the Division of Wildlife of the State

24-41  Department of Conservation and Natural Resources on forms

24-42  approved by it accompanied by:

24-43     (a) Proof of payment of Nevada sales or use tax as evidenced by

24-44  proof of sale by a Nevada dealer or by a certificate of use tax paid

25-1  issued by the Department of Taxation, or by proof of exemption

25-2  from those taxes as provided in NRS 372.320.

25-3      (b) Such evidence of ownership as the Division of Wildlife may

25-4  require.

25-5  The Division of Wildlife shall not issue a number, a certificate of

25-6  number or a certificate of ownership until this evidence is presented

25-7  to it.

25-8      2.  The application must be signed by the owner of the

25-9  motorboat and must be accompanied by a fee of [$15] $20 for the

25-10  certificate of ownership and a fee according to the following

25-11  schedule as determined by the straight line length which is measured

25-12  from the tip of the bow to the back of the transom of the motorboat:

 

25-13  Less than 13 feet...................... [$10] $20

25-14  13 feet or more but less than 18 feet[15] 25

25-15  18 feet or more but less than 22 feet[30] 40

25-16  22 feet or more but less than 26 feet[45] 55

25-17  26 feet or more but less than 31 feet[60] 75

25-18  31 feet or more .......................... [75] 100

 

25-19  Except as otherwise provided in this subsection, all fees received by

25-20  the Division of Wildlife under the provisions of this chapter must be

25-21  deposited in the Wildlife Account in the State General Fund and

25-22  may be expended only for the administration and enforcement of the

25-23  provisions of this chapter. On or before December 31 of each year,

25-24  the Division of Wildlife shall deposit with the respective county

25-25  school districts 50 percent of each fee collected according to the

25-26  motorboat’s length for every motorboat registered from their

25-27  respective counties. Upon receipt of the application in approved

25-28  form, the Division of Wildlife shall enter the application upon the

25-29  records of its office and issue to the applicant a certificate of number

25-30  stating the number awarded to the motorboat, a certificate of

25-31  ownership stating the same information and the name and address of

25-32  the registered owner and the legal owner.

25-33     3.  A certificate of number may be renewed each year by the

25-34  purchase of a validation decal. The fee for a validation decal is

25-35  determined by the straight line length of the motorboat and is

25-36  equivalent to the fee set forth in the schedule provided in subsection

25-37  2. The amount of the fee for issuing a duplicate validation decal is

25-38  [$10.] $20.

25-39     4.  The owner shall paint on or attach to each side of the bow of

25-40  the motorboat the identification number in such manner as may be

25-41  prescribed by regulations of the Commission in order that the

25-42  number may be clearly visible. The number must be maintained in

25-43  legible condition.

26-1      5.  The certificate of number must be [pocket size and must be]

26-2  available at all times for inspection on the motorboat for which

26-3  issued, whenever the motorboat is in operation.

26-4      6.  The Commission shall provide by regulation for the issuance

26-5  of numbers to manufacturers and dealers which may be used

26-6  interchangeably upon motorboats operated by the manufacturers and

26-7  dealers in connection with the demonstration, sale or exchange of

26-8  those motorboats. The amount of the fee for each such a number is

26-9  [$15.] $20.

26-10     Sec. 41.  NRS 488.115 is hereby amended to read as follows:

26-11     488.115  1.  The Division of Wildlife of the State Department

26-12  of Conservation and Natural Resources may award any certificate of

26-13  number directly or may authorize any person to act as agent for the

26-14  awarding thereof. If a person accepts the authorization, he may be

26-15  assigned a block of numbers and certificates therefor which upon

26-16  award, in conformity with the provisions of this chapter and with

26-17  any regulations of the Commission, is valid as if awarded directly

26-18  by the Division of Wildlife. At the time an agent forwards the

26-19  money collected to the Division of Wildlife , he may retain [50

26-20  cents] $1 per certificate of number.

26-21     2.  All records of the Division of Wildlife made or kept

26-22  pursuant to this section are public records.

26-23     Sec. 42.  NRS 488.1795 is hereby amended to read as follows:

26-24     488.1795  Upon receipt of a properly endorsed certificate of

26-25  ownership and the certificate of number of any motorboat, the

26-26  transferee shall within 10 days file the certificates accompanied by a

26-27  fee of [$5] $20 with the Division of Wildlife of the State

26-28  Department of Conservation and Natural Resources and thereby

26-29  make application for a new certificate of ownership and a new

26-30  certificate of number.

26-31     Sec. 43.  (Deleted by amendment.)

26-32     Sec. 44.  NRS 501.080, 501.085 and 502.230 are hereby

26-33  repealed.

26-34     Sec. 45.  1.  This section becomes effective on July 1, 2003.

26-35     2.  Sections 1, 2 and 3 of this act become effective on July 1,

26-36  2003, for the purpose of adopting regulations and on January 1,

26-37  2004, for all other purposes.

26-38     3.  Sections 12 and 37 of this act become effective on July 1,

26-39  2003, for the purpose of adopting regulations and on March 1, 2004,

26-40  for all other purposes.

26-41     4.  Sections 3.3, 3.7, 4.7 and 5.5 of this act become effective on

26-42  October 1, 2003.

26-43     5.  Sections 4, 5, 15 to 20, inclusive, and 39 to 44, inclusive, of

26-44  this act become effective on January 1, 2004.

27-1      6.  Sections 4.3, 6 to 11, inclusive, 13, 14, 21 to 36, inclusive,

27-2  and 38 of this act become effective on March 1, 2004.

27-3      7.  Section 38 of this act expires by limitation on the date on

27-4  which the provisions of 42 U.S.C. § 666 requiring each state to

27-5  establish procedures under which the state has authority to withhold

27-6  or suspend, or to restrict the use of professional, occupational and

27-7  recreational licenses of persons who:

27-8      (a) Have failed to comply with a subpoena or warrant relating to

27-9  a procedure to determine the paternity of a child or to establish or

27-10  enforce an obligation for the support of a child; or

27-11     (b) Are in arrears in the payment for the support of one or more

27-12  children,

27-13  are repealed by the Congress of the United States.

 

27-14  TEXT OF REPEALED SECTIONS

 

27-15     501.080  “Regular season” defined.  As used in this title,

27-16  “regular season” means an open season for which tags are placed on

27-17  general sale without limit as to the number of resident hunters who

27-18  may participate, and which shall be statewide in extent, except for

27-19  variation in date between districts or the reservation of any area for

27-20  special management as a special season. The number of nonresident

27-21  tags may be limited by district in a regular season.

27-22     501.085  “Special season” defined. As used in this title,

27-23  “special season” means an open season for which tags are placed on

27-24  restricted sale to residents and nonresidents, whereby only a certain

27-25  number may be issued, as determined by lot or otherwise. Special

27-26  seasons are those designed for special management or control not

27-27  possible in regular seasons.

27-28     502.230  Issuance of deer tag to nonresident owner of land

27-29  within State: Conditions.

27-30     1.  A nonresident deer tag for regular season may be issued to

27-31  any nonresident of this state or to the immediate members of such

27-32  nonresident’s family, as a bona fide owner of land within this state,

27-33  for the privilege to hunt upon that land to which he has title, if not

27-34  less than 75 percent of all land belonging to him in the State of

27-35  Nevada and upon which he proposes to hunt is open to the public for

27-36  hunting.

27-37     2.  Such nonresident may hunt deer during the same periods and

27-38  subject to the same limitations as may be allowed or imposed upon

27-39  residents of Nevada in connection with such hunting if such

27-40  nonresident has first obtained a nonresident hunting license.

28-1      3.  A nonresident deer tag for the regular season may be issued

28-2  by the Division only upon proof of the applicant’s title to certain

28-3  lands within this state. The Commission shall adopt and promulgate

28-4  regulations establishing requirements for obtaining tags, including a

28-5  determination that the land proposed for hunting is deer habitat.

28-6      4.  Such nonresident deer tag for the regular season may be

28-7  issued only upon payment of the regular nonresident fee and is valid

28-8  for use only on the land owned and described, and such nonresident

28-9  deer tag for the regular season must indicate “nonresident

28-10  landowner.”

 

28-11  H