Senate Bill No. 127-Committee on Natural Resources
February 12, 1997
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Referred to Committee on Natural Resources
SUMMARY--Makes various changes related to board of wildlife commissioners. (BDR 45-119)
FISCAL NOTE: Effect on Local Government: No.
Effect on the State or on Industrial Insurance: No.
EXPLANATION - Matter in italics is new; matter in brackets [ ] is material to be omitted.
AN ACT relating to the board of wildlife commissioners; revising the qualifications and terms of office of certain members of the board; providing that the board of wildlife commissioners establish its policies and regulations according to principles of sound scientific management; providing that the budget of the division of wildlife of the state department of conservation and natural resources must be approved by the board; and providing other matters properly relating thereto.
THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:
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Section 1 NRS 501.171 is hereby amended to read as follows:
501.171 1. A county advisory board to manage wildlife shall submit to the governor written nominations for appointments to the commission . [upon the request of the governor and may submit nominations at any other time.
2. After consideration of the written nominations submitted by a county advisory board to manage wildlife and any additional candidates for appointment to the commission, the] A county advisory board shall not nominate a candidate for appointment to the commission if the candidate does not have the qualifications required pursuant to this section.
2. The governor shall appoint to the commission [:] , from the written nominations submitted pursuant to subsection 1:
(a) One member who is actively engaged in [the conservation of wildlife;] accounting;
(b) One member who is actively engaged in farming;
(c) One member who is actively engaged in ranching;
(d) One member who represents the interests of the general public; and
(e) Five members who during at least 3 of the 4 years immediately preceding their appointment held a resident license to fish or hunt, or both, in Nevada.
3. The governor shall not appoint to the commission any person who has been convicted of:
(a) A gross misdemeanor for a violation of NRS 501.376, 502.060 or 504.395; or
(b) Two or more violations of the provisions of chapters 501 to 504, inclusive, of NRS,
during the previous [10] 5 years.
4. Not more than three members of the commission may be from the same county whose population is 400,000 or more, not more than two members may be from the same county whose population is 100,000 or more but less than 400,000, and not more than one member may be from the same county whose population is less than 100,000.
5. The commission shall annually select a chairman and a vice chairman from among its members. A person shall not serve more than two consecutive terms as chairman.
Sec. 2. NRS 501.181 is hereby amended to read as follows:
501.181The commission shall:
1. Establish broad policies for:
(a) The protection, propagation, restoration, transplanting, introduction and management of wildlife in this state.
(b) The promotion of the safety of persons using or property used in the operation of vessels on the waters of this state.
(c) The promotion of uniformity of laws relating to policy matters.
2. Guide the division in its administration and enforcement of the provisions of this Title and of chapter 488 of NRS by the establishment of such policies.
3. Establish policies for areas of interest including:
(a) The management of big and small game mammals, upland and migratory game birds, fur-bearing mammals, game fish, and protected and unprotected mammals, birds, fish, reptiles and amphibians.
(b) The control of wildlife depredations.
(c) The acquisition of lands, water rights and easements and other property for the management, propagation, protection and restoration of wildlife.
(d) The entry, access to, and occupancy and use of such property, including leases of grazing rights, sales of agricultural products and requests by the administrator to the state land registrar for the sale of timber if the sale does not interfere with the use of the property on which the timber is located for wildlife management or for hunting or fishing thereon.
(e) The control of nonresident hunters.
(f) The introduction, transplanting or exporting of wildlife.
(g) Cooperation with federal, state and local agencies on wildlife and boating programs.
(h) The revocation of licenses issued pursuant to this Title to any person who is convicted of a violation of any provision of this Title or any regulation adopted pursuant thereto.
4. Establish regulations necessary to carry out the provisions of this Title and of chapter 488 of NRS, including:
(a) Regular and special seasons for hunting game mammals and game birds, for hunting or trapping fur-bearing mammals and for fishing, the daily and possession limits, the manner and means of taking wildlife, including, but not limited to, the sex, size or other physical differentiation for each species, and, when necessary for management purposes, the emergency closing or extending of a season, reducing or increasing of the bag or possession limits on a species, or the closing of any area to hunting, fishing or trapping. The regulations must be established after first considering the recommendations of the division, the county advisory boards to manage wildlife and others who wish to present their views at an open meeting.
(b) The manner of using, attaching, filling out, punching, inspecting, validating or reporting tags.
(c) The delineation of game management units embracing contiguous territory located in more than one county, irrespective of county boundary lines.
(d) The number of licenses issued to nonresidents for big game and, if necessary, other game species for the regular and special seasons.
5. Adopt regulations requiring the division to make public, before official delivery, its proposed responses to any requests by federal agencies for its comment on drafts of statements concerning the environmental effect of proposed actions or regulations affecting public lands.
6. Adopt regulations:
(a) Governing the provisions of the permit required by NRS 502.390 and for the issuance, renewal and revocation of such a permit.
(b) Establishing the method for determining the amount of an assessment and the time and manner of payment, necessary for the collection of the assessment required by NRS 502.390.
7. Designate those portions of wildlife management areas for big game mammals that are of special concern for the regulation of the importation, possession and propagation of alternative livestock pursuant to NRS 576.129.
In establishing or adopting policies or regulations pursuant to this section, the commission shall, to the greatest extent practicable, use principles of sound scientific management.
Sec. 3. NRS 501.337 is hereby amended to read as follows:
501.337 The administrator shall:
1. Carry out the policies and regulations of the commission.
2. Direct and supervise all administrative and operational activities of the division, and all programs administered by the division as provided by law. Except as otherwise provided in NRS 284.143, the administrator shall devote his entire time to the duties of his office and shall not follow any other gainful employment or occupation.
3. Within such limitations as [may be] provided by law, organize the division and, from time to time with the consent of the commission, alter the organization. The administrator shall reassign responsibilities and duties as he [may deem] deems appropriate.
4. Appoint or remove such technical, clerical and operational staff as the execution of his duties and the operation of the division may require, and all those employees are responsible to him for the proper carrying out of the duties and responsibilities of their respective positions. The administrator shall designate a number of employees as game wardens and provide for their training.
5. Submit technical and other reports to the commission as may be necessary or as may be requested, which will enable the commission to establish policy and regulations.
6. Prepare the biennial budget of the division consistent with the provisions of this Title and chapter 488 of NRS and submit it to the commission for its review and [comment.] approval.
7. Administer real property assigned to the division.
8. Maintain full control, by proper methods and inventories, of all personal property of the state acquired and held for the purposes contemplated by this Title and by chapter 488 of NRS.
9. Act as nonvoting secretary to the commission.
Sec. 4. NRS 501.356 is hereby amended to read as follows:
501.356 1. Money received by the division from:
(a) The sale of licenses;
(b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;
(c) Remittances from the state treasurer pursuant to the provisions of NRS 365.535;
(d) Appropriations made by the legislature; and
(e) All other sources, except money derived from the forfeiture of any property described in NRS 501.3857 or money deposited in the wildlife heritage trust account pursuant to NRS 501.3575,
must be deposited with the state treasurer for credit to the wildlife account in the state general fund.
2. The interest and income earned on the money in the wildlife account, after deducting any applicable charges, must be credited to the account.
3. Except as otherwise provided in subsection 4, the division may use money in the wildlife account only to carry out the provisions of this Title and chapter 488 of NRS and as provided in NRS 365.535, and the money must not be diverted to any other use.
4. Except as otherwise provided in NRS 502.250, 502.310 and 504.155, all fees for the sale or issuance of stamps, tags, permits and licenses that are required to be deposited in the wildlife account pursuant to the provisions of this Title must be accounted for separately and [may] must be used only for the management of [wildlife.] game fish, game birds and game mammals.
Sec. 5. Notwithstanding any provision of law, the term of office of a member of the board of wildlife commissioners who:
1. Was appointed to the board pursuant to paragraph (e) of subsection 2 of NRS 501.171 before October 1, 1997; or
2. Is appointed or reappointed to the board pursuant to paragraph (e) of subsection 2 of NRS 501.171 on or after October 1, 1997, but before January 15, 1999,
expires on January 15, 1999.
Sec. 6. As soon as practicable after January 15, 1999, the governor shall appoint the following five successor members who are qualified pursuant to paragraph (e) of subsection 2 of NRS 501.171 to the board of wildlife commissioners:
1. One member whose term begins on January 15, 1999, and expires on February 1, 2000.
2. Two members whose terms begin on January 15, 1999, and expire on February 1, 2001.
3. Two members whose terms begin on January 15, 1999, and expire on February 1, 2002.