AB41_R1

Assembly Bill No. 41–Assemblyman Collins

CHAPTER..........

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

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

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

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

Department of Wildlife.

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

the Department.

Sec. 4. NRS 501.047 is hereby amended to read as follows:

501.047 As used in this title, “game warden” means any person

authorized by the [Administrator] Director to enforce the provisions

of this title and of chapter 488 of NRS.

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

501.119 1. The [Division] Department is authorized to

determine methods of obtaining necessary data from hunters,

trappers and fishermen relative to their activities and success.

2. The methods may include return of reports attached to

licenses and tags or questionnaires addressed to license holders.

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

period specified by regulation of the Commission or the submission

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

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

under this title for a period of 1 year; or

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

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

not be the basis for prosecution for any indicated violations of other

sections of this title.

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

501.181 The 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.

matters.

2. Guide the [Division] Department 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.

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] Director 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,] Department, the county

advisory boards to manage wildlife and others who wish to present

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

closure of a season must be based upon scientific data concerning

the management of wildlife. The data upon which the regulations

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

Department.

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

inspecting, validating or reporting tags.

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] Department 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.

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

501.1812 As used in NRS 501.1812 to 501.1818, inclusive,

unless the context otherwise requires:

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

Department for:

(a) Recreational hunting or fishing; or

(b) Taking fur-bearing mammals, trapping unprotected

mammals or selling raw furs for profit.

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

Department for recreational hunting or fishing.

3. “Wildlife conviction” means a conviction obtained in any

court of competent jurisdiction in this state, including, without

limitation, a conviction obtained upon a plea of nolo contendere or

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

violation of:

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

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

503.310 or 504.295 to 504.390, inclusive; or

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

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

of a law or regulation of this state.

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

501.1814 1. The Commission shall establish and the

[Division] Department shall administer and enforce a system of

assessing demerit points for wildlife convictions. The system must

be uniform in its operation.

2. Pursuant to the schedule of demerit points established by

regulation of the Commission for each wildlife conviction occurring

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

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

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

recent wildlife conviction. Sixty months after the date of the

conviction, the demerit points for that conviction must be deleted

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

of the violation shall be deemed the date on which accumulated

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

wildlife violations committed at a single event is obtained, demerit

points must be assessed for the offense having the greater number of

demerit points.

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

501.1816 1. If a person accumulates 6 or more demerit

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

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

mails the notice, the person presents proof to the [Division]

Department that he has, after his most recent wildlife conviction,

successfully completed a course of instruction in the responsibilities

of hunters approved by the [Division, the Division] Department, the

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

may attend a course of instruction in the responsibilities of hunters

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

points.

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

completing a course of instruction pursuant to subsection 1, the

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

or privilege issued to him pursuant to this title.

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

determines that a person has accumulated 12 demerit points, the

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

his privileges will be suspended or revoked. Except as otherwise

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

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

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

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

hearing before the Commission not later than 30 days after the

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

the [Division:] Department:

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

privilege is stayed until a determination is made by the Commission

after the hearing.

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

received.

5. The periods of suspension or revocation imposed pursuant to

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

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

3 years.

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

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

or revocation begins 30 days after notification pursuant to

subsection 3 or a determination is made by the Commission

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

privilege is suspended or revoked pursuant to this section, all

demerit points accumulated by that person must be canceled.

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

501.1817 Any person whose license, permit or privilege has

been suspended or revoked by the [Division] Department pursuant

to NRS 501.1816 is entitled to judicial review of the decision in the

manner provided by chapter 233B of NRS.

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

501.243 1. The [Division] Department shall execute,

administer and enforce , and perform the functions and duties

provided in chapter 488 of NRS.

2. The Commission has the power and authority to:

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

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

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

for recreational use.

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

county agencies having regulatory powers pertaining to the use of

public waters for recreational purposes for the purpose of

coordinating such rules and regulations.

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

501.310 There is hereby created in each of the counties of this

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

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

Department must be placed in the fund.

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

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

prepare a budget for the period ending June 30 of the following

year, setting forth in detail its proposed expenditures for carrying

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

the budget to the Commission accompanied by a statement of the

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

2. The Commission shall examine the budget in conjunction

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

and may increase, decrease, alter or amend the budget.

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

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

same time withdraw from the Wildlife Account within the State

General Fund and transmit to the board the money required under

the approved budget for disposition by the board in accordance with

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

fund for the advisory board.

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

501.331 There is hereby created the [Division of Wildlife of

the State] Department of [Conservation and Natural Resources,]

Wildlife which shall administer the wildlife laws of this state and

chapter 488 of NRS.

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

501.333 1. From among three or more nominees of the

Commission, the [Director of the State Department of Conservation

and Natural Resources] Governor shall appoint [an Administrator] a

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

Administrative Officer. The [Administrator] Director serves at the

pleasure of the [director.] Governor.

2. The [Director] Governor shall select as [Administrator]

Director a person having an academic degree in the management of

wildlife or a closely related field, substantial experience in the

management of wildlife and a demonstrated ability to administer [a

division of] a major public agency.

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

the State.

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

501.337 The [Administrator] Director shall:

1. Carry out the policies and regulations of the Commission.

2. Direct and supervise all administrative and operational

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

administered by the [Division] Department as provided by law.

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

Director 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] Department and, from time to time with the consent

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

Director shall reassign responsibilities and duties as he may deem

appropriate.

4. Appoint or remove such technical, clerical and operational

staff as the execution of his duties and the operation of the

[Division] Department 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]

Director 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 , in consultation with the Commission, the biennial

budget of the [Division] Department consistent with the provisions

of this title and chapter 488 of NRS and submit it to the

Commission for its review and [comment.] recommendation before

the budget is submitted to the Chief of the Budget Division of the

Department of Administration pursuant to NRS 353.210.

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

Department.

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. 17. NRS 501.339 is hereby amended to read as follows:

501.339 The [Administrator] Director may:

1. In cases of emergency, with the prior approval of the

Governor, exercise the powers of the Commission until such time as

the Commission meets or the emergency ends.

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

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

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

his office, the powers and duties devolve upon his deputy or

deputies.

3. Designate persons outside the [Division] Department as

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

exists.

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

501.341 The headquarters of the [Division] Department must

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

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

will, in the opinion of the [Administrator] Director and the

Commission, provide an efficient [divisional] departmental

operation.

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

501.343 The [Division] Department may:

1. Collect and disseminate, throughout the State, information

calculated to educate and benefit the people of the State regarding

wildlife and boating, and information pertaining to any program

administered by the [Division.] Department.

2. Publish wildlife journals and other official publications, for

which a specific charge may be made, such charge to be determined

by the Commission, with the proceeds to be deposited in the

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

made for any publication required by a regulation of the

Commission.

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

501.349 Regular employees and others designated by the

[Administrator] Director as game wardens shall enforce all

provisions of this title and of chapter 488 of NRS.

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

501.351 1. The [Administrator] Director may enter into

cooperative or reciprocal agreements with the Federal Government

or any agency thereof, any other state or any agency thereof, any

other agency of this state, any county or other political subdivision

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

of NRS, any public or private corporation, or any person, in

accordance with and for the purpose of carrying out the policy of the

Commission.

2. Such agreements do not relieve any party thereto of any

liability, independent of such agreements, existing under any

provision of law.

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

501.352 The [Administrator] Director shall require the

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

practicable any reasonable suspicion that a communicable disease

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

shall, as soon as possible, inform the Director of the State

Department of Agriculture of any reasonable suspicion reported to

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

Department in evaluating such a suspicion must be forwarded to the

Director of the State Department of Agriculture as soon as

practicable.

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

501.354 Except as otherwise provided by specific statute, the

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

provided by law for the administration of this title and of chapter

488 of NRS, pursuant to the authority contained in NRS 501.356

and in accordance with the Commission’s policy.

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

501.356 1. Money received by the [Division] Department

from:

(a) The sale of licenses;

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

488.1795;

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 or in

the Trout Management Account pursuant to NRS 502.327,

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]

Department 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 be used only for the management of wildlife.

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

501.3575 1. The Wildlife Heritage Trust Account is hereby

created in the State General Fund. The money in the Account must

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

the protection, propagation, restoration, transplantation, introduction

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

bearing mammal in this state.

2. Except as otherwise provided in NRS 502.250, money

received by the [Division] Department from:

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

pursuant to NRS 502.250; and

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

Trust Account,

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

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

Heritage Trust Account, after deducting any applicable charges,

must be credited to the Account.

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

Wildlife Heritage Trust Account an amount of money not greater

than the interest earned on the money in the Account during the

previous year. The Commission shall review and approve

expenditures from the Account. No money may be expended from

the Account without the prior approval of the Commission.

5. The Commission shall administer the provisions of this

section and may adopt any regulations necessary for that purpose.

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

501.359 1. The Wildlife Imprest Account in the amount of

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

subject to the following conditions:

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

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

be kept in the custody of an employee designated by the

[Administrator] Director for immediate use for purposes set forth in

this section.

(b) The Account must be replenished periodically from the

Wildlife Account in the State General Fund upon approval of

expenditures as required by law and submission of vouchers or other

documents to indicate payment as may be prescribed.

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

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

proper as claims for payment from the Wildlife Account in the State

General Fund.

3. The Wildlife Imprest Account may be used to provide

money to employees of the [Division] Department for travel

expenses and subsistence allowances arising out of their official

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

[Division] Department upon the accrued wages of the requesting

employee in an amount equal to the money advanced, but the

[Administrator] Director may advance more than the amount of the

accrued wages of the employee. Upon the return of the employee, he

is entitled to receive money for any authorized expenses and

subsistence in excess of the amount advanced.

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

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

payment of minor expenses of the [Division] Department is hereby

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

designated by the [Administrator] Director and must be replenished

periodically from the Wildlife Account in the State General Fund

upon approval of expenditures as required by law and submission of

vouchers or other documents to indicate payment as may be

prescribed.

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

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

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

employees designated by the [Administrator] Director and used for

the making of change incidental to the business of the [Division.]

Department.

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

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

mutilate or destroy any sign, signboard or other notice which has

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

the [Division.] Department.

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

501.385 Except as otherwise provided by specific statute:

1. Any person who:

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

or prohibited by a provision of this title;

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

provision of this title;

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

performance of any duty while enforcing or attempting to enforce

any provision of this title;

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

Commission under the provisions of this title; or

(e) Having been granted a privilege or been licensed or

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

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

specified,

is guilty of a misdemeanor.

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

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

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

by both fine and imprisonment.

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

501.3855 1. In addition to the penalties provided for the

violation of any of the provisions of this title, every person who

unlawfully kills or possesses a big game mammal, bobcat, swan or

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

$5,000.

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

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

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

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

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

not less than $50 nor more than $250.

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

unlawfully killing or possessing any wildlife, shall order the

defendant to pay the civil penalty in the amount stated in this section

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

court shall fix the manner and time of payment.

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

penalties and installments that are in default in any manner provided

by law for the enforcement of a judgment.

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

this section shall forthwith remit the money to the [Division]

Department which shall deposit the money with the State Treasurer

for credit to the Wildlife Account in the State General Fund.

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

501.389 1. Except for property described in NRS 501.3857,

equipment:

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

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

seizure,

becomes the property of the [Division.] Department.

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

in accordance with the regulations adopted pursuant to subsection 5

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

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

be deposited with the State Treasurer for credit to the Wildlife

Account in the State General Fund.

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

the United States may purchase the equipment, whether a prior

owner or not.

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

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

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

information leading to the arrest and conviction of any person who

unlawfully kills or possesses wildlife of the class specified. The

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

his conviction. The reward must be distributed equally among the

persons who supplied the information which led to the arrest and

conviction.

2. The Commission may adopt such regulations as are

necessary to carry out the provisions of this section.

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

502.012 Upon receipt of a copy of an order of the juvenile

division of a district court, entered pursuant to NRS 62.229, to

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

shall revoke the license. The revocation of the license to hunt shall

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

Department shall retain the copy of the order.

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

502.015 1. For the purpose of issuing and using resident

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

considered to be a resident of the State of Nevada if:

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

United States; and

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

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

(1) Was domiciled in this state;

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

absences; and

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

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

2. A person who is not domiciled in Nevada but who is

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

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

months next preceding his application to the [Division] Department

for a license, tag or permit, he:

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

outside of the State; and

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

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

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

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

obtains any privilege or entitlement conditional on residency from

another state, country or province.

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

502.020 The [Division] Department shall prepare the licenses

for hunting, fishing and trapping, and shall deliver such licenses to

agents for sale to the public.

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

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

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

necessary by the [Division,] Department, but must include the

following information:

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

(b) The date issued.

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

trapping license.

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

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

license under the laws of the State of Nevada and that no false

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

2. The Commission may provide rules and regulations

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

Such information must be included on the license as is deemed

necessary by the [Division.] Department.

3. The Commission may provide rules and regulations

establishing a permanent licensing system. Such a system may

authorize the use of applications for the issuance of temporary

hunting, fishing and trapping licenses for residents and the issuance

of annual licenses therefrom. The system may provide for the

automatic renewal and validation of the annual license.

4. The Commission may provide regulations covering the

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

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

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

502.035 Licenses, stamps and permits granting the privilege to

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

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

fees required under this title.

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

502.040 1. The Commission shall adopt regulations

regarding:

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

of their duties;

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

license agents;

Department; and

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

permits received, issued, sold or returned.

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

Department for his failure to abide by the regulations of the

Commission. The agent may appeal to the Commission for

reinstatement.

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

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

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

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

Before issuing any license, the license agent shall satisfy himself of

the identity of the applicant and the place of his residence, and may

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

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

for the collection of the correct and required fee, for the

safeguarding of the money collected by him, and for the prompt

remission to the [Division] Department for deposit in accordance

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

Department shall furnish to the license agent receipts for all money

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

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

he receives from it.

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

agent is entitled to receive a service fee of:

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

fee for the license, tag or permit; and

(b) Ten cents for each stamp.

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

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

document of the agent relating to the issuance of any such license,

tag or permit.

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

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

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

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

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

transactions is a misuse of public funds and punishable under the

laws provided.

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

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

Welfare Division of the Department of Human Resources, submit to

the Welfare Division the name, address and social security number

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

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

to practice commercial taxidermy, and any pertinent changes in that

information.

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

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

member of the Armed Forces of the United States who has been

assigned to permanent duty, as opposed to temporary or casual duty,

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

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

Nevada. A like privilege must be extended to spouses and

dependents, under the age of 21, of such members of the Armed

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

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

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

residence requirement must be waived.

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

made by application upon a form provided for that purpose by the

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

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

deemed necessary by the [Division] Department to determine

whether or not an applicant is actually so assigned.

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

502.072 The [Division] Department shall issue without charge

any license authorized under the provisions of this chapter, upon

satisfactory proof of the requisite facts to any bona fide resident of

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

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

Veterans Affairs and has received upon severance from service an

honorable discharge or certificate of satisfactory service from the

Armed Forces of the United States.

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

502.075 The [Division] Department shall issue to a blind

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

license which:

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

his behalf if:

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

possesses a valid Nevada hunting license; and

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

area of the person selected.

2. Is issued pursuant and subject to regulations prescribed by

the Commission.

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

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

502.077 1. The [Division] Department shall issue special

fishing permits to the administrative head of:

(a) Northern Nevada Adult Mental Health Services;

(b) Southern Nevada Adult Mental Health Services;

(d) The Southern Nevada Children’s Home;

(e) The Nevada Youth Training Center;

(f) The Caliente Youth Center;

(g) The Spring Mountain Youth Camp;

(h) The China Spring Youth Camp;

(i) Any facility which provides temporary foster care for

children who are not delinquent; and

(j) Such other public or charitable institutions or organizations

as are designated by regulations adopted by the

Commission,

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

or organizations.

2. The permits:

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

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

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

manner if in the company of an officer or employee of one of the

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

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

license.

prescribed by the Commission.

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

and the number of the permit printed on the face of the permit.

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

children, respectively, to fish.

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

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

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

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

institution or organization.

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

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

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

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

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

court order issued pursuant to NRS 425.540 that provides for the

suspension of all professional, occupational and recreational

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

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

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

commercial taxidermy, the [Division] Department shall deem the

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

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

unless the [Division] Department receives a letter issued to the

holder of the license or permit by the district attorney or other public

agency pursuant to NRS 425.550 stating that the holder of the

license or permit has complied with the subpoena or warrant or has

satisfied the arrearage pursuant to NRS 425.560.

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

permit to hunt, fish or trap or a license to practice commercial

taxidermy that has been suspended by a district court pursuant to

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

by the district attorney or other public agency pursuant to NRS

425.550 to the person whose license or permit was suspended

stating that the person whose permit or license was suspended has

complied with the subpoena or warrant or has satisfied the arrearage

pursuant to NRS 425.560.

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

502.142 1. The Commission shall adopt regulations to

establish a program pursuant to which the [Division] Department

will issue special incentive elk tags. The regulations must:

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

issuance of special incentive elk tags.

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

must be accompanied by:

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

and

(2) Any administrative fee charged in connection with the

issuance of an elk tag pursuant to this chapter.

a person who:

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

actual elk use area; and

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

public land, provides reasonable access through the private land to

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

on the adjacent public land.

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

tags based upon:

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

applicant;

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

applicant in a calendar year;

(3) The total number of elk; and

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

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

issued in that calendar year,

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

area or areas in which the private land is located.

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

sexes of elk.

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

applied for or received compensation pursuant to NRS 504.165 as

reimbursement for damage caused by elk to private land from

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

tag for the same private land.

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

land to qualify for a special incentive elk tag for their combined

lands.

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

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

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

the Commission for 1997.

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

issued by the Commission pursuant to this section may:

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

the special incentive elk tag himself; or

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

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

which the parties mutually agree.

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

must hunt:

(1) During the open season for elk.

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

in which the private land is located.

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

disputes between persons who apply for special incentive elk tags

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

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

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

Department.

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

502.143 1. The Commission may adopt regulations

establishing a program pursuant to which the [Division] Department

may issue special incentive deer tags to owners, lessees and

managers of private land in this state for use on the private land of

such owners, lessees or managers.

2. The regulations must:

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

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

deer tag:

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

the general public; or

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

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

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

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

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

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

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

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

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

by deer or antelope to the private land or to any improvements

thereon.

2. An application made pursuant to this section must:

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

Department;

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

that the applicant has sustained damage of the kind described in

subsection 1; and

NRS 502.250 and any fee charged for administrative costs.

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

may conduct any investigation it deems appropriate and, if it

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

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

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

may be issued to an applicant.

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

section:

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

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

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

price mutually agreed upon;

(b) Except as otherwise provided in subparagraph (2) of

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

or in the unit or units within the management area or areas in which

the private land is located; and

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

issued; or

(2) A special season prescribed by regulation of the

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

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

Department pursuant to this section, an owner, lessee or manager

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

adjacent public land must provide access to the public land during

the hunting season to a person or hunting party with a tag for the

purpose of hunting on the public land.

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

provisions of this title and of the regulations adopted by the

Commission apply to the issuance and use of tags pursuant to this

section. The Commission:

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

which may be issued annually by the [Division] Department

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

total number of deer and antelope tags which are authorized for

issuance annually throughout the State; and

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

out the provisions of this section.

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

calendar day of each regular session of the Legislature, submit to the

Director of the Legislative Counsel Bureau for distribution to the

Legislature a report summarizing the activities of the [Division]

Department taken pursuant to the provisions of this section during

the preceding biennium, including any problems associated with the

issuance and use of tags authorized by this section and any

recommendations for correcting those problems.

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

502.147 1. The [Division] Department shall make available

restricted nonresident deer tags in an amount not to exceed the

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

for restricted nonresident deer tags is greater than the number of tags

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

determine the persons to whom to issue the tags.

2. The number of restricted nonresident deer tags must:

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

nonresidents; and

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

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

3. The number of restricted nonresident deer tags issued for

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

to the nearest whole number, of the rifle deer tags issued to

nonresidents during the previous year for that management area or

unit.

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

successful applicants.

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

502.148 1. Except as otherwise provided in this subsection,

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

pursuant to NRS 502.147 must complete an application on a form

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

master guide may complete the application for an applicant. The

application must be signed by the applicant and the master guide

who will be responsible for conducting the restricted nonresident

deer hunt.

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

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

require. The Commission shall establish the time limits and

acceptable methods for submitting such applications to the

[Division.] Department.

3. Any application for a restricted nonresident deer tag which

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

returned to the applicant.

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

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

same hunting season as that restricted nonresident deer hunt.

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

with the State Treasurer for credit to the Wildlife Account in the

State General Fund.

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

502.160 1. The [Division] Department shall designate the

form of the tag, requiring such numbering or other manner of

identification as is necessary to designate the name or hunting

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

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

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

2. The Commission may adopt any regulations necessary

relative to the manner of qualifying and applying for, using,

completing, attaching, filling out, punching, inspecting, validating

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

by any such regulation.

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

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

private entity to conduct a drawing and to award and issue the tags

for a special season. The drawing must be conducted using a

computer program that awards tags based on a random order of

selection. The contract must provide for the acquisition by the

[Division] Department of the ownership of the computer program at

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

solicit bids for the contract pursuant to the provisions of chapter 333

of NRS.

2. The [Division] Department shall:

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

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

documents or other information required by the private entity to

conduct the drawing; and

(b) Otherwise cooperate with the private entity in conducting the

drawing.

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

private entity shall submit the results of the drawing to the

[Division.] Department.

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

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

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

the regulations adopted by the Commission pursuant to the

provisions of subsection 5.

5. The Commission shall adopt regulations necessary to carry

out the provisions of this section, including regulations that

prescribe the manner in which the [Division] Department must

conduct a drawing specified in subsection 1 if no private entity

qualifies for the awarding of the contract.

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

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

1. Upon receiving an affidavit of an applicant that a tag

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

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

the applicant.

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

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

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

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

payment of a fee of $5.

The provisions of this section do not affect the issuance of a

replacement tag pursuant to NRS 502.215.

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

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

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

unfit for human consumption, he shall place his tag on the carcass in

the manner provided by law or regulation and provide the whole

carcass for inspection by an authorized representative of the

[Division] Department or, at his own expense, by a veterinarian

licensed to practice in Nevada. Except as otherwise provided in this

subsection, the holder of the tag who provides the carcass for such

an inspection is entitled, if the carcass is diseased and unfit for

human consumption, to receive at no charge another tag as a

replacement for the one he placed on the carcass pursuant to this

subsection. The holder shall choose whether the replacement tag is

to be issued for the current hunting season or for the next similar

season in the following year. If the holder chooses to retain the

head, antlers, carcass, horns or hide of the animal, and the

authorized representative of the [Division] Department approves

the retention, the holder shall be deemed to waive any claim he may

have had for the issuance of a replacement tag.

2. A replacement tag issued pursuant to subsection 1 for the

current hunting season is valid for:

(a) The entire remaining portion of the season for which the

original tag was issued; or

(b) If the original tag was issued for a period of a split season,

the entire remaining portion of the period for which the original tag

was issued or the entire following period, if any.

3. A replacement tag issued pursuant to subsection 1 must be:

(a) Issued for the same unit for which the original tag was

issued.

(b) Used in the same manner as or pursuant to the same

conditions or restrictions applicable to the original tag.

4. The Commission shall adopt by regulation:

(a) A procedure for the inspection and verification of the

condition of such a carcass;

(b) Requirements for the disposal of such a carcass if it is

determined to be diseased and unfit for human consumption;

or horns of the animal; and

(d) Except as otherwise provided in subsection 2, a procedure

for the issuance of a replacement tag pursuant to this section.

5. For the purposes of this section, “split season” means a

season which is divided into two or more periods.

Sec. 55. NRS 502.230 is hereby amended to read as follows:

502.230 1. A nonresident deer tag for regular season may be

issued to any nonresident of this state or to the immediate members

of such nonresident’s family, as a bona fide owner of land within

this state, for the privilege to hunt upon that land to which he has

title, if not less than 75 percent of all land belonging to him in the

State of Nevada and upon which he proposes to hunt is open to the

public for hunting.

2. Such nonresident may hunt deer during the same periods and

subject to the same limitations as may be allowed or imposed upon

residents of Nevada in connection with such hunting if such

nonresident has first obtained a nonresident hunting license.

3. A nonresident deer tag for the regular season may be issued

by the [Division] Department only upon proof of the applicant’s

title to certain lands within this state. The Commission shall adopt

and promulgate regulations establishing requirements for obtaining

tags, including a determination that the land proposed for hunting is

deer habitat.

4. Such nonresident deer tag for the regular season may be

issued only upon payment of the regular nonresident fee and is valid

for use only on the land owned and described, and such nonresident

deer tag for the regular season must indicate “nonresident

landowner.”

Sec. 56. NRS 502.240 is hereby amended to read as follows:

502.240 The [Division] Department shall issue annual licenses

and limited permits:

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

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

months immediately preceding his application for a license, upon

payment of $5 for an annual trapping license.

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

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

bona fide resident of the State of Nevada for 6 months immediately

preceding his application for a license, upon the payment of:

For a fishing license................................ $20

For a 1-day permit to fish........................... 6

For each consecutive day added to a 1-day permit to fish 2

For a hunting license................................. 23

For a combined hunting and fishing license38

For a trapping license................................ 30

For a fur dealer’s license.......................... 50

For an annual master guide’s license..... 250

For an annual subguide’s license............. 75

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

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

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

annual fishing license, except for a fishing license to fish in the

reciprocal waters of the Colorado River, Lake Mead and Lake

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

Commission and the Arizona Game and Fish Commission, but not

to exceed $30.

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

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

payment of:

For a fishing license, except for a fishing license to

fish in the reciprocal waters of the Colorado River,

Lake Mead and Lake Mohave, which license must

cost a sum agreed upon by the Commission and the

Arizona Game and Fish Commission, but not to

exceed $30.............................................. $50

For a 1-day permit to fish......................... 11

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

fish............................................................... 4

For a hunting license.............................. 110

For an annual trapper’s license.............. 150

For a fur dealer’s license........................ 100

For an annual master guide’s license..... 500

For an annual subguide’s license........... 150

For a 1-day permit to hunt upland game and

waterfowl.................................................. 15

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

hunt upland game and waterfowl............... 5

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

payment of:

For a noncommercial license for the possession of

live wildlife............................................... $5

For a commercial or private shooting preserve 100

For a commercial license for the possession of live

wildlife.................................................... 100

For a live bait dealer’s permit.................. 35

For a competitive field trials permit........ 25

For a permit to train dogs or falcons.......... 5

For a 1-year falconry license.................... 30

For a 3-year falconry license.................... 75

For an importation permit.......................... 5

For an import eligibility permit................ 25

For an exportation permit........................... 5

For any other special permit issued by the [Division,]

Department,a fee not to exceed $100 set by the

Commission.

Sec. 57. NRS 502.245 is hereby amended to read as follows:

502.245 1. The [Division] Department shall issue any

hunting or fishing license or combined hunting and fishing license

authorized under the provisions of this chapter, upon proof

satisfactory of the requisite facts and payment of the applicable fee,

to any person who has resided in this state:

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

his application for a license and:

(1) Has a severe physical disability; or

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

16th birthday; or

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

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

2. The [Division] Department shall charge and collect for such

Hunting license......................................... $4

Fishing license............................................. 4

Combined hunting and fishing license....... 7

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

means a physical disability which materially limits the person’s

ability to engage in gainful employment.

Sec. 58. NRS 502.250 is hereby amended to read as follows:

502.250 1. Except as otherwise provided in this section, the

following fees must be charged for tags:

Resident deer tag for regular season...... $15

Nonresident and alien deer tag for regular season 60

Resident antelope tag................................ 50

Resident elk tag....................................... 100

Resident bighorn sheep tag.................... 100

Resident mountain goat tag.................... 100

Resident mountain lion tag....................... 25

2. Other resident big game tags for special seasons must not

exceed $50. Other nonresident big game tags for special seasons

must not exceed $1,000.

3. Tags determined to be necessary by the Commission for

other species pursuant to NRS 502.130 must not exceed $100.

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

application for a tag other than an elk tag. A fee of not less than $5

but not more than $15 must be charged for processing an application

for an elk tag, $5 of which must be deposited with the State

Treasurer for credit to the Wildlife Account in the State General

Fund and used for the prevention and mitigation of damage caused

by elk or game mammals not native to this state.

5. The Commission may accept sealed bids for or auction not

more than 15 big game tags and not more than 5 wild turkey tags

each year. To reimburse the [Division] Department for the cost of

managing wildlife and administering and conducting the bid or

auction, not more than 18 percent of the total amount of money

received from the bid or auction may be deposited with the State

Treasurer for credit to the Wildlife Account in the State General

Fund. Any amount of money received from the bid or auction that is

not so deposited must be deposited with the State Treasurer for

credit to the Wildlife Heritage Trust Account in the State General

Fund in accordance with the provisions of NRS 501.3575.

6. The Commission may by regulation establish an additional

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

Wildlife Drawing. To reimburse the [Division] Department for the

cost of managing wildlife and administering and conducting the

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

received from the drawing may be deposited with the State

Treasurer for credit to the Wildlife Account in the State General

Fund. Except as otherwise provided by regulations adopted by the

Commission pursuant to subsection 7, the money received by the

[Division] Department from applicants in the drawing who are not

awarded big game tags must be deposited with the State Treasurer

for credit to the Wildlife Heritage Trust Account in accordance with

the provisions of NRS 501.3575.

7. The Commission may adopt regulations which authorize the

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

to the provisions of this section.

Sec. 59. NRS 502.253 is hereby amended to read as follows:

502.253 1. In addition to any fee charged and collected

pursuant to NRS 502.250, a fee of $3 must be charged for

processing each application for a game tag, the revenue from which

must be accounted for separately, deposited with the State Treasurer

for credit to the Wildlife Account in the State General Fund and

used by the [Division] Department for costs related to:

(a) Programs for the management and control of injurious

predatory wildlife;

(b) Wildlife management activities relating to the protection of

nonpredatory game animals, sensitive wildlife species and related

wildlife habitat;

techniques for managing and controlling predatory wildlife,

including studies necessary to ensure effective programs for the

management and control of injurious predatory wildlife; and

(d) Programs for the education of the general public concerning

the management and control of predatory wildlife.

2. The [Division] Department of Wildlife is hereby authorized

to expend a portion of the money collected pursuant to subsection 1

to enable the State Department of Agriculture to develop and carry

out the programs described in subsection 1.

3. The money in the Wildlife Account remains in the Account

and does not revert to the State General Fund at the end of any fiscal

year.

Sec. 60. NRS 502.255 is hereby amended to read as follows:

502.255 The [Division] Department shall account separately

for the money received from fees for processing applications for

tags and, except as otherwise provided in NRS 502.253, use that

money only for all of the [Division’s] Department’s direct and

indirect costs associated with the system of applications and

drawings for, and the issuance of, tags.

Sec. 61. NRS 502.300 is hereby amended to read as follows:

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

unlawful for any person to hunt any migratory game bird, except

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

dove and band-tailed pigeon, unless at the time he is hunting he

carries on his person:

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

ink across the face of the stamp; or

(b) Such documentation as the [Division] Department provides

via the Internet as proof that he has paid to the [Division,]

Department, for the licensing period that includes the time he is

hunting, the same fee as that required pursuant to subsection 3 for

the purchase of an unexpired state duck stamp for that period.

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

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

(b) Is 65 years of age or older.

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

than $5 each by the [Division] Department and by persons

authorized by the [Division] Department to sell hunting licenses.

The Commission shall establish the price to be charged by the

[Division] Department or agents of the [Division] Department for

expired duck stamps, and the fee for unexpired duck stamps within

the limit provided.

4. The [Division] Department shall determine the form of the

stamps.

Sec. 62. NRS 502.310 is hereby amended to read as follows:

502.310 All money received pursuant to NRS 502.300 must be

deposited with the State Treasurer for credit to the Wildlife Account

in the State General Fund. The [Division] Department shall

maintain separate accounting records for the receipt and expenditure

of that money. An amount not to exceed 10 percent of that money

may be used to reimburse the [Division] Department for the cost of

administering the state duck stamp programs. This amount is in

addition to compensation allowed persons authorized to issue and

sell licenses.

Sec. 63. NRS 502.322 is hereby amended to read as follows:

502.322 1. Before the [Division] Department may undertake

any project using money received pursuant to NRS 502.300, it shall

analyze the project and provide the Commission with

recommendations as to the need for the project and its feasibility.

2. Money received pursuant to NRS 502.300 must be used for

projects approved by the Commission for the protection and

propagation of migratory game birds, and for the acquisition,

development and preservation of wetlands in Nevada.

Sec. 64. NRS 502.324 is hereby amended to read as follows:

502.324 The [Division] Department shall, not later than the

[5th] fifth calendar day of each regular session of the Legislature,

submit to [it] the Legislature a report summarizing any projects

undertaken, receipt and expenditure of money , and public benefits

achieved by the program for the sale of state duck stamps.

Sec. 65. NRS 502.326 is hereby amended to read as follows:

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

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

is fishing he carries on his person:

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

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

(b) Such documentation as the [Division] Department provides

via the Internet as proof that he has paid to the [Division,]

Department, for the licensing period that includes the time he is

fishing, the same fee as that required pursuant to subsection 3 for the

purchase of a state trout stamp for that period.

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

(a) Is under the age of 12; or

(b) Is fishing:

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

during a consecutive day validly added to that permit; or

(2) In accordance with regulations adopted by the

Commission pursuant to subparagraph (2) of paragraph (e) of

subsection 1 of NRS 502.010.

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

[Division] Department and by persons authorized by the [Division]

Department to sell hunting, fishing and trapping licenses.

4. The [Division] Department shall determine the form of the

stamps.

Sec. 66. NRS 502.327 is hereby amended to read as follows:

502.327 1. All money received pursuant to NRS 502.326

must be deposited with the State Treasurer for credit to the Trout

Management Account, which is hereby established in the State

General Fund.

2. The interest and income earned on the money in the Trout

Management Account, after deducting any applicable charges, must

be credited to the Account.

3. The [Division] Department shall:

(a) Maintain separate accounting records for the receipt of

money pursuant to NRS 502.326 and the expenditure of that money.

(b) Administer the Trout Management Account. The [Division]

Department may use money in the Account only for the protection,

propagation and management of trout in this state and for any

bonded indebtedness incurred therefor.

Sec. 67. NRS 502.330 is hereby amended to read as follows:

502.330 1. No hunting license may be obtained by any

person born after January 1, 1960, unless he presents to the

[Division,] Department, or one of its authorized licensing agents:

(a) A certificate of successful completion of a course of

instruction in the responsibilities of hunters as provided by

NRS 502.340;

(b) An equivalent certificate of completion of a course in the

responsibilities of hunters provided by a state or an agency of a

Canadian province for the management of wildlife; or

[Division,] Department, a state or an agency of a Canadian

province, which bears a number or other unique mark evidencing

successful completion of a course of instruction in the

responsibilities of hunters.

2. Any person who has been convicted of violating NRS

503.165 or 503.175 may not obtain a hunting license until he has

successfully completed a course in the responsibilities of hunters

conducted pursuant to NRS 502.340.

Sec. 68. NRS 502.340 is hereby amended to read as follows:

502.340 The [Division] Department shall certify instructors

who will, with the cooperation of the [Division,] Department,

provide instruction in the responsibilities of hunters established by

the [Division] Department to all eligible persons who, upon the

successful completion of the course, must be issued a certificate.

Persons who are disqualified from obtaining a hunting license,

pursuant to NRS 502.330, are eligible for the course.

Sec. 69. NRS 502.370 is hereby amended to read as follows:

502.370 1. A license to practice taxidermy is required before

any person may perform taxidermal services for others on any

wildlife or their parts, nests or eggs.

2. Annual licenses for the term of 1 year from July 1 to June 30

must be issued by the [Division] Department for the following fees:

Fee to practice commercial taxidermy... $35

Fee to practice noncommercial taxidermy. 5

3. Any person who wishes to obtain a license to practice

taxidermy must apply for the license on an application form

provided by the [Division.] Department. The applicant must provide

such information on the form as the Commission may require by

regulation.

4. The Commission may adopt regulations governing the

licensing of taxidermists and the practice of taxidermy, including:

(a) The receipt, possession, transportation, identification,

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

been processed by a taxidermist;

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

operating procedures of taxidermists as the Commission may deem

necessary.

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

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

inspect his operations and records.

6. If a licensee is convicted of a violation of any provision of

this title or the regulations adopted by the Commission, the

Commission may revoke his license and may refuse to issue another

license to him for a period not to exceed 5 years.

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

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

conducted exclusively for scientific purposes, or for the

advancement of agriculture, biology or any of the sciences.

Sec. 70. NRS 502.390 is hereby amended to read as follows:

502.390 1. Any:

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

body of water, other than a body of water maintained for

agricultural or recreational purposes, containing chemicals or

substances in quantities which, with the normal use of the body of

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

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

an artificial body of water containing chemicals directly associated

with the processing of ore,

must first obtain a permit from the [Division] Department

authorizing the development or maintenance of the body of water.

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

permit, the [Division] Department shall issue the permit or deny the

application and list the reasons for denial. An applicant may appeal

the denial of a permit to the Commission. A permit may be valid for

up to 5 years. The Commission may establish a fee for a permit of

not more than $100 per year.

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

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

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

30 days after the transfer of ownership.

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

shall, in addition to the fee for the permit, pay to the [Division]

Department an assessment. The amount of the assessment must be

determined pursuant to regulations adopted by the Commission. The

assessment must be no more than $10,000 per year for each permit.

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

assessment as required by this section and the regulations adopted

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

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

misdemeanor for any subsequent offense.

6. As used in this section:

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

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

of, or in connection with, the development or extraction of any

mineral.

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

manages a mining operation.

Sec. 71. NRS 503.005 is hereby amended to read as follows:

503.005 1. Except as otherwise provided in subsection 2, a

person shall not kill or attempt to kill any birds or animals while

flying in an aircraft.

2. The Commission may promulgate rules and regulations

whereby the [Division] Department may issue permits authorizing

the hunting, killing or nonlethal control of coyotes, bobcats or

ravens from an aircraft.

3. Every person who willfully violates the provisions of

subsection 1 is guilty of a misdemeanor.

Sec. 72. NRS 503.035 is hereby amended to read as follows:

503.035 1. “Meat or game processor” as used in this section

means any person, firm or corporation that receives any game for

the purpose of processing or storage or for the purposes of

processing and storage.

2. Any meat or game processor who receives any game for the

purpose of processing or storage may, within 90 days after the

receipt thereof, if such game remains in the possession of such meat

or game processor, dispose of such game to the [Division]

Department if the owner of such game has not paid such meat or

game processor for the processing or storage thereof.

3. The [Division] Department shall distribute such game to

public charities on a fair and equitable basis.

4. No action may be commenced against such meat or game

processor by the owner of such game after such game has been

delivered to the [Division] Department under the provisions of this

section.

5. Nothing in this section deprives a meat or game processor of

any remedy at law available to a creditor against a debtor for the

recovery of any money or other legal consideration owing from the

owner of the game to the meat or game processor for such

processing or storage.

Sec. 73. NRS 503.040 is hereby amended to read as follows:

503.040 1. Except as otherwise provided in this section, it is

unlawful for any person at any time to transport or offer for

transportation to any place within or outside of this state any game

mammal, raw furs, wild mammal taken by trapping, game bird or

game fish taken within this state.

2. Any person who has legally taken any game mammal, raw

furs, wild mammal taken by trapping, game bird or game fish within

this state may use his hunting license, trapping license or fishing

license or tag or stamp, when required, as a permit to transport one

possession limit to points within or outside the State.

3. Any person who legally acquires ownership or custody of

any game mammal, raw furs, wild mammal taken by trapping, game

bird or game fish not taken by him through hunting, trapping or

fishing may transport such mammal, furs, bird or fish within the

State without a transportation permit if such shipment does not

exceed one possession limit and if such shipment is labeled with the

name, address, number and class of license of the hunter, trapper or

fisherman who legally took such mammal, furs, bird or fish and date

taken, if the mammal, furs, bird or fish is not required by law or

regulation to be tagged. Unless otherwise permitted by a regulation

of the Commission, when tagged shipments are involved, a

transportation permit is required as provided in this section.

4. Any other person who desires to transport any game

mammal, raw furs, wild mammal taken by trapping, game fish or

game bird to a point within or without the State may do so only

under the authority of a transportation permit as provided in this

section.

5. The [Division] Department shall designate the form of the

transportation permit and such permits may be issued for a fee of $1

by any game warden or other such persons as may be specifically

designated by the [Division.] Department. The person legally in

possession of the game mammals, raw furs, wild mammals taken by

trapping, game birds or game fish to be transported must appear

before the issuing agent to obtain a transportation permit. The

permit must describe the wildlife to be transported and identify by

name, address, license number and class the person who legally took

the furs or wildlife and by name and address the person transporting

it. Whenever raw furs or wildlife is to be transported by the postal

service or by common carrier, freight or express agency, such an

agency may be designated by name alone.

6. Game mammals, raw furs, wild mammals taken by trapping,

game birds or game fish transported to another person shall be

deemed to be in the legal possession of the person making shipment

until actual delivery is made.

7. Any package or container in which game birds, raw furs,

wild mammals taken by trapping, game mammals or game fish are

being transported by common carrier must have the name and

address of the shipper and of the consignee and an accurate

statement of the number and kinds of game birds, raw furs, wild

mammals taken by trapping, game mammals or game fish contained

therein attached to the outside thereof.

8. The Commission may limit the number of shipments by any

one person in any one season of any kind of game bird, game

mammal or game fish.

Sec. 74. NRS 503.185 is hereby amended to read as follows:

503.185 1. Every person involved in a hunting accident

where damage to property results, or which involves the injury of or

death to another person, shall file a report of the accident with the

[Division] Department within 30 days after the accident. The report

must be on the form prescribed by the [Division.] Department.

2. The [Division] Department shall revoke any hunting license

held by a person convicted of violating NRS 503.165 or 503.175, if

the violation results in an injury to or the death of another person.

The [Division] Department shall not issue another such license to

the person sooner than 2 years after the revocation.

Sec. 75. NRS 503.200 is hereby amended to read as follows:

503.200 1. The [Division] Department is empowered to

authorize, under permit and for such fee as may be provided in NRS

502.240, competitive field trials for hunting dogs or competitive

field trials for falconry. The Commission shall prescribe the rules

and regulations to be followed by those in charge of such trials

insofar as conduct of the field trials has any effect or bearing upon

wildlife and the laws of this state respecting closed and open

seasons.

2. For the purpose of permitting such field trials , the

[Division] Department may authorize shooting of legally acquired

upland game birds during any closed season on the species of bird

or birds to be hunted.

3. All legally acquired upland game birds used in a field trial or

for the purpose of training hunting dogs and for falconry training

must be banded with legbands by the person in charge of such field

trial or training. Such birds may only be released in an area first

approved by the [Division,] Department, after which the [Division]

Department shall authorize, under permit and under such rules and

regulations as the Commission may prescribe, the releasing of such

legally acquired upland game birds for the foregoing purposes.

4. All birds killed under the provisions of this section must be

accompanied by a receipt, giving the permit number, the date, the

name of the person in possession, and signed by the permit holder.

Birds killed and accompanied by a receipt under the provisions of

this section may be legally possessed.

Sec. 76. NRS 503.290 is hereby amended to read as follows:

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

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

State of Nevada for any fish of any species in any manner other than

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

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

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

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

person:

(a) Purchases from the [Division] Department or a license agent

of the [Division] Department a stamp or permit for a second rod;

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

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

[Division.] Department.

The fee for the stamp or permit is $10, and is valid only for the

period for which it is issued.

2. The Commission may by regulation authorize other methods

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

and line or by other methods authorized by the Commission’s

regulation.

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

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

than two plugs or similar lures. No more than two such plugs or

lures, irrespective of the number of hooks or attractor blades

attached thereto, may be attached to the line.

Sec. 77. NRS 503.310 is hereby amended to read as follows:

503.310 1. The Commission may regulate or prohibit the use

of live bait in fishing so that no undesirable species are introduced

into the public waters of this state.

2. Any person engaged in the sale of live bait must first obtain

a permit from the [Division] Department for the fee provided in

NRS 502.240. The permit may be revoked for any violation of

regulations.

3. The Commission may prescribe the species which may be

held or sold by the permittee.

Sec. 78. NRS 503.360 is hereby amended to read as follows:

503.360 1. It is unlawful for any person at any time to fish

from any state hatchery, or from any waters set aside or used for the

purpose of rearing or growing fish for transplanting by the State.

2. Nothing in this section prohibits employees of the [Division]

Department from handling, at any time, all such fish, as may be

required in the propagation, care and distribution of the fish.

Sec. 79. NRS 503.380 is hereby amended to read as follows:

503.380 The [Division] Department may take or permit the

commercial taking of unprotected wildlife in any manner approved

by the Commission. The Commission may fix a price to be paid for

wildlife so taken. Unprotected wildlife taken under this

authorization may be sold.

Sec. 80. NRS 503.400 is hereby amended to read as follows:

503.400 1. Every person who has erected, or who may

hereafter erect, any dams, water weirs or other obstructions to the

free passage of fish in the rivers, streams, lakes or other waters of

the State of Nevada shall construct and keep in repair , to the

satisfaction of the [Division] Department, fishways or fish ladders

at all such dams, water weirs or other obstructions so that at all

seasons of the year fish may ascend above such dams, water weirs

or other obstructions to deposit their spawn.

2. Every person so placing, controlling or owning any such

obstruction who fails to comply with the provisions of this section

after having been notified in writing so to do by the [Division,]

Department, and every person who at any time willfully or

knowingly destroys, injures or obstructs any fishway or fish ladder

which is required by law is guilty of a misdemeanor.

Sec. 81. NRS 503.420 is hereby amended to read as follows:

503.420 1. Any person, firm or corporation owning in whole

or in part any canal, ditch or any artificial watercourse, taking or

receiving its waters from any river, creek or lake in which fish have

been placed or may exist, shall place or cause to be placed, and such

persons shall maintain at the intake or inlet of such canal, ditch or

watercourse, a grating, screen or other device, either stationary or

operated mechanically, of such construction, fineness, strength and

quality as may be designated by the [Division,] Department, to

prevent any fish from entering such canal, ditch or watercourse.

2. If such person, firm or corporation, after due notice from the

[Division,] Department, fails to install or maintain such grating,

screen or device, the Commission is authorized to enter upon lands

adjacent to the inlet of such canal, ditch or watercourse, and may

install therein, and thereafter maintain, such grating, screen or

device as in the discretion of the [Division] Department is proper.

3. It is unlawful for any person or persons, except a game

warden, to remove, tamper with, destroy or in any way molest such

screens when the same have been installed.

Sec. 82. NRS 503.425 is hereby amended to read as follows:

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

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

submit an application to the [Division.] Department. The

application must be accompanied by a fee of $5 and must specify

the type and size of equipment to be used and its location. If the

[Division] Department determines that the operations will not be

deleterious to fish , it shall issue a permit to the applicant.

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

the recipient to use any equipment in any navigable body of water

unless the recipient has obtained the appropriate permit for such a

use from the State Land Registrar.

3. It is unlawful for any person to:

(a) Conduct dredging operations without securing a permit

pursuant to subsection 1;

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

permit; or

the permit.

Sec. 83. NRS 503.452 is hereby amended to read as follows:

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

wild mammals may bear a number registered with the [Division]

Department or be permanently marked with the name and address

of the owner or trapper using it. If a trap is registered, the

registration is permanent. A registration fee of $5 for each registrant

is payable only once, at the time the first trap, snare or similar

device is registered.

Sec. 84. NRS 503.470 is hereby amended to read as follows:

503.470 1. Fur-bearing mammals injuring any property may

be taken or killed at any time in any manner, provided a permit is

first obtained from the [Division.] Department.

2. When the [Division] Department has determined from

investigations or upon a petition signed by the owners of 25 percent

of the land area in any irrigation district or the area served by a ditch

company alleging that an excessive population of beaver or otter

exists or that beaver or otter are doing damage to lands, streams,

ditches, roads or water control structures, the [Division] Department

shall remove such excess or depredating beaver or otter.

Sec. 85. NRS 503.540 is hereby amended to read as follows:

503.540 Whenever the [Division] Department determines that

beaver or otter are doing damage and that it will be necessary to

remove beaver or otter from the land of a person to protect the lands

of another landowner, the [Division] Department is not prevented

from taking such beaver or otter by the refusal of the landowner to

allow the [Division’s] employees of the Department to enter upon

his land. The [Division] Department is authorized to enter upon the

lands of such owner and remove beaver or otter for the relief of

other landowners and the protection of the public welfare.

Sec. 86. NRS 503.575 is hereby amended to read as follows:

503.575 The [Division,] Department, with the approval of the

Commission, may sell live beaver.

Sec. 87. NRS 503.582 is hereby amended to read as follows:

503.582 Except as otherwise provided in this section, it is

unlawful for any person to hunt, trap, possess or sell any species,

native or otherwise, of owl, hawk or other birds of prey, including

all raptors or the parts thereof, without first obtaining a permit from

the [Division.] Department. The Commission may adopt

regulations:

1. Covering the hunting, trapping, possession or sale of any of

those species.

2. Authorizing a person to hunt, trap, possess or sell any of

those species without obtaining a permit pursuant to the provisions

of this section.

Sec. 88. NRS 503.583 is hereby amended to read as follows:

503.583 1. Except as otherwise provided in this section, any

person who practices falconry or trains birds of prey must obtain a

falconry license from the [Division] Department upon payment of a

license fee as provided in NRS 502.240.

2. The licensee, under permit, may obtain from the wild only

two birds per year. All such birds of prey must be banded in

accordance with regulations adopted by the Commission.

3. Birds of prey may not be taken, captured or disturbed during

the months in which they breed.

4. This section does not prohibit the capture or killing of a

hawk or an owl by holders of scientific collecting permits.

5. The Commission may adopt regulations authorizing a person

to practice falconry or train birds of prey without obtaining a

falconry license pursuant to the provisions of subsection 1.

Sec. 89. NRS 503.5833 is hereby amended to read as follows:

503.5833 The [Division] Department shall, upon request of the

Welfare Division of the Department of Human Resources, submit to

the Welfare Division the name, address and social security number

of each person who holds a permit or license issued pursuant to

NRS 503.582 or 503.583 that does not expire less than 6 months

after it is issued and any pertinent changes in that information.

Sec. 90. NRS 503.5835 is hereby amended to read as follows:

503.5835 1. If the [Division] Department receives a copy of

a court order issued pursuant to NRS 425.540 that provides for the

suspension of all professional, occupational and recreational

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

holder of a permit or license issued pursuant to NRS 503.582 or

503.583 that does not expire less than 6 months after it is issued, the

[Division] Department shall deem the permit or license issued to

that person to be suspended at the end of the 30th day after the date

on which the court order was issued unless the [Division]

Department receives a letter issued to the holder of the permit or

license by the district attorney or other public agency pursuant to

NRS 425.550 stating that the holder of the permit or license has

complied with the subpoena or warrant or has satisfied the arrearage

pursuant to NRS 425.560.

2. The [Division] Department shall reinstate a permit or

license issued pursuant to NRS 503.582 or 503.583 that has been

suspended by a district court pursuant to NRS 425.540 if the

[Division] Department receives a letter issued by the district

attorney or other public agency pursuant to NRS 425.550 to the

person whose permit or license was suspended stating that the

person whose permit or license was suspended has complied with

the subpoena or warrant or has satisfied the arrearage pursuant to

NRS 425.560.

Sec. 91. NRS 503.585 is hereby amended to read as follows:

503.585 A species or subspecies of native fish, wildlife and

other fauna must be regarded as threatened with extinction when the

Commission, after consultation with competent authorities,

determines that its existence is endangered and its survival requires

assistance because of overexploitation, disease or other factors or its

habitat is threatened with destruction, drastic modification or severe

curtailment. Any animal so declared to be threatened with extinction

must be placed on the list of fully protected species, and no member

of its kind may be captured, removed or destroyed at any time by

any means except under special permit issued by the [Division.]

Department.

Sec. 92. NRS 503.586 is hereby amended to read as follows:

503.586 Where any bird, mammal or other wildlife which is

declared to be in danger of extinction pursuant to NRS 503.585 is

found to be destructive of domestic animals or fowl or a menace to

health, the [Division] Department may provide for its destruction or

its removal, alive, for translocating.

Sec. 93. NRS 503.589 is hereby amended to read as follows:

503.589 In carrying out the program authorized by NRS

503.584 to 503.589, inclusive, the [Administrator] Director shall

cooperate, to the maximum extent practicable, with other states and

with the counties in the State of Nevada, and he may enter into

agreements with such other states and counties and with other legal

entities for the administration and management of any area

established pursuant to NRS 503.584 to 503.589, inclusive, for the

conservation, protection, restoration and propagation of species of

native fish, wildlife and other fauna which are threatened with

extinction.

Sec. 94. NRS 503.595 is hereby amended to read as follows:

503.595 After the owner or tenant of any land or property has

made a report to the [Division] Department indicating that such

land or property is being damaged or destroyed, or is in danger of

being damaged or destroyed, by wildlife, the [Division] Department

may, after thorough investigation and pursuant to such regulations

as the Commission may promulgate, cause such action to be taken

as it may deem necessary, desirable and practical to prevent or

alleviate such damage or threatened damage to such land or

property.

Sec. 95. NRS 503.597 is hereby amended to read as follows:

503.597 1. Except as otherwise provided in this section, it is

unlawful, except by the written consent and approval of the

[Division,] Department, for any person at anytime to receive, bring

or have brought or shipped into this state, or remove from one

stream or body of water in this state to any other, or from one

portion of the State to any other, or to any other state, any aquatic

life[,] or wildlife, or any spawn, eggs or young of any of them.

2. The [Division] Department shall require an applicant to

conduct an investigation to confirm that such an introduction or

removal will not be detrimental to the wildlife or the habitat of

wildlife in this state. Written consent and approval of the [Division]

Department may be given only if the results of the investigation

prove that the introduction, removal or importation will not be

detrimental to existing aquatic life[,] or wildlife, or any spawn,

eggs or young of any of them.

3. The Commission may through appropriate regulation

provide for the inspection of such introduced or removed creatures

and the inspection fees therefor.

4. The Commission may adopt regulations to prohibit the

importation, transportation or possession of any species of wildlife

which the Commission deems to be detrimental to the wildlife or the

habitat of the wildlife in this state.

5. The provisions of this section do not apply to alternative

livestock and products made therefrom.

Sec. 96. NRS 503.610 is hereby amended to read as follows:

503.610 1. Except as otherwise provided in subsection 2, it is

unlawful for any person, firm, company, corporation or association

to kill, destroy, wound, trap, injure, possess dead or alive, or in any

other manner to catch or capture, or to pursue with such intent the

birds known as the [American] bald eagle and the golden eagle, or

to take, injure, possess or destroy the nests or eggs of such birds.

2. The [Division] Department may issue permits to take bald

eagles or golden eagles whenever it determines that they have

become seriously injurious to wildlife or agricultural or other

interests in any particular area of the State and the injury

complained of is substantial and can only be abated by taking some

or all of the offending birds. The issuance of such permits must be

consistent with federal law.

Sec. 97. NRS 503.650 is hereby amended to read as follows:

503.650 Nothing in this title:

1. Prohibits any person, upon the written permit of the

[Division,] Department, from taking, killing, possessing or banding

any species of wildlife, or collecting the nest or eggs thereof, for

strictly scientific or educational purposes, the number and species of

wildlife to be limited by the [Division.] Department.

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

written permit issued by the [Division,] Department, any wildlife

for scientific or educational purposes.

The fee for a permit to collect wildlife for scientific or educational

purposes is $5.

Sec. 98. NRS 504.140 is hereby amended to read as follows:

504.140 1. The [Division] Department is authorized, subject

to approval by the Commission, to enter into agreements with

landowners, individually or in groups, to establish wildlife

management areas and to enforce regulations necessary thereto for

the purpose of providing greater areas for the public to hunt or fish

on private lands and to protect the landowner or lessee from damage

due to trespass or excessive hunting or fishing pressure.

2. Such an agreement must require that the Department

designate certain portions of the area as closed zones for the

protection of livestock, buildings, persons and other properties.

3. The zones must be posted conspicuously along all

boundaries and it is unlawful to hunt, fish or trespass therein or to

hunt or fish on any cooperative area contrary to the regulations

provided.

4. The agreement may designate the number of hunters or

fishermen who may be admitted to the area, if such limitation is

necessary or desirable.

Sec. 99. NRS 504.147 is hereby amended to read as follows:

504.147 1. The [Division] Department may, if such leases or

sales do not interfere with the use of such real property for wildlife

management or for hunting or fishing thereon:

(a) Lease, for a term not exceeding 5 years, grazing or pasturage

rights in and to real property which is assigned to the [Division]

Department for administration.

(b) Sell crops or agricultural products of whatever kind

produced on such real property.

2. Except as otherwise provided in subsection 3, whenever the

[Division] Department intends to lease grazing or pasturage rights

or to sell or offer for sale agricultural products as provided in

subsection 1, the [Division] Department may do so only by

advertising for bids, reserving in such advertising the right to reject

any or all bids.

3. The [Division] Department may enter into such a lease with

or make such a sale to a state agency without advertising for bids if

the rent agreed to be paid for the lease or the sale price agreed to be

paid for any agricultural commodities to be sold is, in the opinion of

the [Division,] Department, equal to the amount that would be

obtained by advertising for bids.

4. If the [Division] Department finds that the highest or best

bid is less than the amount that should be paid, the [Division]

Department may reject all bids and negotiate with interested

persons for such lease or sale, but shall not accept any negotiated

price if it is less in amount than the highest bid tendered for the

same lease or sale.

5. If the deed to real property assigned to the [Division]

Department for administration contains a covenant or provision

giving to the grantor an option to meet the highest bid for any lease

by the [Division] Department of grazing or pasturage rights to the

real property or the sale of agricultural products from it, the

[Division] Department shall comply with the terms of the covenant

or provision in the deed.

Sec. 100. NRS 504.155 is hereby amended to read as follows:

504.155 All gifts, grants, fees and appropriations of money

received by the [Division] Department for the prevention and

mitigation of damage caused by elk or game mammals not native to

this state, and the interest and income earned on the money, less any

applicable charges, must be accounted for separately within the

Wildlife Account and may only be disbursed as provided in the

regulations adopted pursuant to NRS 504.165.

Sec. 101. NRS 504.165 is hereby amended to read as follows:

504.165 1. The Commission shall adopt regulations

governing the disbursement of money to:

(a) Prevent or mitigate damage to private property and privately

maintained improvements; and

(b) Compensate persons for grazing reductions and the loss of

stored and standing crops,

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

2. The regulations must contain:

(a) Requirements for the eligibility of those persons claiming

damage to private property or privately maintained improvements to

receive money or materials from the [Division,] Department,

including a requirement that such a person enter into a cooperative

agreement with the [Administrator] Director for purposes related to

this title.

(b) Procedures for the formation of local panels to assess

damage caused by elk or game mammals not native to this state and

to determine the value of a loss claimed if the person claiming the

loss and the [Division] Department do not agree on the value of the

loss.

purchased by the State to prevent damage caused by elk or game

mammals not native to this state.

(d) Any other regulations necessary to carry out the provisions

of this section and NRS 504.155 and 504.175.

3. The regulations must:

(a) Provide for the payment of money or other compensation to

cover the costs of labor and materials necessary to prevent or

mitigate damage to private property and privately maintained

improvements caused by elk or game mammals not native to this

state.

(b) Prohibit a person who has, within a particular calendar year,

applied for or received a special incentive elk tag pursuant to NRS

502.142 from applying, within the same calendar year, for

compensation pursuant to this section for the same private land.

4. Money may not be disbursed to a claimant pursuant to this

section unless the claimant shows by a preponderance of the

evidence that the damage for which he is seeking compensation was

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

Sec. 102. NRS 504.175 is hereby amended to read as follows:

504.175 The [Administrator] Director shall, on or before the

fifth calendar day of each regular session of the Legislature, submit

to the Legislature a report summarizing the actions taken by the

[Division] Department to prevent or mitigate damage caused by elk

or game mammals not native to this state. The report must include a

list of the expenditures made pursuant to this section and NRS

504.155 and 504.165 during the preceding biennium and a

determination of the amount of money remaining for those

purposes.

Sec. 103. NRS 504.185 is hereby amended to read as follows:

504.185 The provisions of NRS 504.155 to 504.185, inclusive,

do not apply to:

1. Alternative livestock; or

2. Game mammals not native to this state,

that are held in captivity for purposes other than as required by the

[Division.] Department.

Sec. 104. NRS 504.245 is hereby amended to read as follows:

504.245 1. Any species of wildlife, including alternative

livestock, that:

(a) Is released from confinement without the prior written

authorization of the [Division;] Department; or

(b) Escapes from the possessor’s control,

may be captured, seized or destroyed by the [Division] Department

if the [Division] Department determines that such actions are

necessary to protect wildlife and the habitat of wildlife in this state.

2. The owner or possessor of such wildlife:

(a) Shall report its escape immediately after receiving

knowledge of the escape; and

(b) Is liable for the costs incurred by the [Division] Department

to capture, maintain and dispose of the wildlife and for any damage

caused by the wildlife.

3. The [Division] Department is not liable for any damage to

wildlife, or caused by wildlife, in carrying out the provisions of this

section.

Sec. 105. NRS 504.295 is hereby amended to read as follows:

504.295 1. Except as otherwise provided in this section and

NRS 503.590, or unless otherwise specified by a regulation adopted

by the Commission, no person may:

(a) Possess any live wildlife unless he is licensed by the

[Division] Department to do so.

(b) Capture live wildlife in this state to stock a commercial or

noncommercial wildlife facility.

purposes of hunting.

2. The Commission shall adopt regulations for the possession

of live wildlife. The regulations must set forth the species of wildlife

which may be possessed and propagated, and provide for the

inspection by the [Division] Department of any related facilities.

3. In accordance with the regulations of the Commission, the

[Division] Department may issue commercial and noncommercial

licenses for the possession of live wildlife upon receipt of the

applicable fee.

4. The provisions of this section do not apply to alternative

livestock and products made therefrom.

Sec. 106. NRS 504.310 is hereby amended to read as follows:

504.310 1. Before being entitled to the benefits of any

commercial or private shooting preserve, the owner or proprietor

thereof must make application to the [Division.] Department. The

application must set forth:

(a) The name and location of the shooting preserve.

(b) A legal description of the area included in the preserve.

private preserve.

(d) If the application is for a commercial shooting preserve, a

statement of fees that are to be collected for the privilege of

shooting on the preserve.

2. If, after investigation, the [Division] Department is satisfied

that the tract is suitable for the purpose, and that the establishment

of such a preserve will not conflict with the public interest, the

[Division] Department may issue a commercial or private shooting

preserve license upon the payment of a license fee as provided in

NRS 502.240.

Sec. 107. NRS 504.320 is hereby amended to read as follows:

504.320 1. Before any shooting may be done on such

commercial or private shooting preserve, the licensee must advise

the [Division,] Department, in writing, of the number of each

species of upland game bird reared, purchased or acquired for

liberation, and request, and receive in writing, a shooting

authorization which states the number of each species which may be

taken by shooting.

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

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

be banded with legbands, the specifications of which must be

determined by Commission regulation. Legbands must remain with

the birds and not be removed until the birds are utilized by the

hunter.

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

may take such upland game bird from such licensed preserve by

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

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

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

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

taken on such area.

Sec. 108. NRS 504.350 is hereby amended to read as follows:

504.350 1. No game bird taken in accordance with the

provisions of NRS 504.300 to 504.380, inclusive, may be removed

from the licensed premises until the licensee or his agent has

attached thereto an invoice, signed by the licensee or his agent,

stating:

(a) The number of his license.

(b) The name of the shooting preserve.

(d) The kind and number of such birds.

(e) The name and address of the hunter killing such birds.

2. The invoice must authorize transportation and use of the

birds.

3. Within 1 week thereafter, the licensee or his agent shall

mail, postpaid, a duplicate of the invoice to the [Division.]

Department.

Sec. 109. NRS 504.360 is hereby amended to read as follows:

504.360 Every licensee of a commercial or private shooting

preserve under this chapter shall keep records and make an annual

report to the [Division] Department of the number of birds released

and the number of birds killed on the preserve. The report must be

verified by the affidavit of the licensee or his agent. The record must

be continuous and kept on the premises described in the application

for license, and the licensee shall allow any person authorized to

enforce the provisions of this title to enter such premises and inspect

his operations and records at all reasonable hours.

Sec. 110. NRS 504.390 is hereby amended to read as follows:

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

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

mammals or wild birds and fishing and includes the transporting of

another person or his equipment to hunting and fishing locations

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

determines the destination or course of travel.

2. Every person who provides guide service for compensation

or provides guide service as an incidental service to customers of

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

guide service or not, shall obtain a master guide license from the

[Division.] Department. Such a license must not be issued to any

person who has not reached 21 years of age.

3. Each person who assists a person who is required to have a

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

shall obtain a subguide license from the [Division.] Department.

Such a license must not be issued to any person who has not reached

18 years of age.

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

provided in NRS 502.240.

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

for the license on a form prescribed and furnished by the [Division.]

Department. The application must contain the social security

number of the applicant and such other information as the

Commission may require by regulation. If that person was not

licensed as a master guide during the previous licensing year, his

application must be accompanied by a fee of $500, which is not

refundable.

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

the license on a form prescribed and furnished by the [Division.]

Department.

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

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

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

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

of the number of hunters and fishermen served, and any other

information which the [Division] Department may require

concerning fish and game taken by such persons. Such information

must be furnished to the [Division] Department on request.

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

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

chapter 488 of NRS, the Commission may revoke the license of the

licensee and may refuse issuance of another license to the licensee

for a period not to exceed 5 years.

10. The Commission may adopt regulations covering the

conduct and operation of a guide service.

11. The [Division] Department may issue master guide and

subguide licenses to be valid only in certain districts in such a

manner as may be determined by the regulations of the Commission.

Sec. 111. NRS 504.393 is hereby amended to read as follows:

504.393 The [Division] Department shall, upon request of the

Welfare Division of the Department of Human Resources, submit to

the Welfare Division the name, address and social security number

of each person who holds a master guide license or subguide license

and any pertinent changes in that information.

Sec. 112. NRS 504.398 is hereby amended to read as follows:

504.398 1. If the [Division] Department receives a copy of a

court order issued pursuant to NRS 425.540 that provides for the

suspension of all professional, occupational and recreational

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

holder of a master guide license or subguide license, the [Division]

Department shall deem the license issued to that person to be

suspended at the end of the 30th day after the date on which the

court order was issued unless the [Division] Department receives a

letter issued to the holder of the license by the district attorney or

other public agency pursuant to NRS 425.550 stating that the holder

of the license has complied with the subpoena or warrant or has

satisfied the arrearage pursuant to NRS 425.560.

2. The [Division] Department shall reinstate a master guide

license or subguide license that has been suspended by a district

court pursuant to NRS 425.540 if the [Division] Department

receives a letter issued by the district attorney or other public agency

pursuant to NRS 425.550 to the person whose license was

suspended stating that the person whose license was suspended has

complied with the subpoena or warrant or has satisfied the arrearage

pursuant to NRS 425.560.

Sec. 113. NRS 505.025 is hereby amended to read as follows:

505.025 The [Division] Department shall, upon request of the

Welfare Division of the Department of Human Resources, submit to

the Welfare Division the name, address and social security number

of each person who holds a fur dealer’s license and any pertinent

changes in that information.

Sec. 114. NRS 505.035 is hereby amended to read as follows:

505.035 1. If the [Division] Department receives a copy of a

court order issued pursuant to NRS 425.540 that provides for the

suspension of all professional, occupational and recreational

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

holder of a fur dealer’s license, the [Division] Department shall

deem the license issued to that person to be suspended at the end of

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

unless the [Division] Department receives a letter issued to the

holder of the license by the district attorney or other public agency

pursuant to NRS 425.550 stating that the holder of the license has

complied with the subpoena or warrant or has satisfied the arrearage

pursuant to NRS 425.560.

2. The [Division] Department shall reinstate a fur dealer’s

license that has been suspended by a district court pursuant to NRS

425.540 if the [Division] Department receives a letter issued by the

district attorney or other public agency pursuant to NRS 425.550 to

the person whose license was suspended stating that the person

whose license was suspended has complied with the subpoena or

warrant or has satisfied the arrearage pursuant to NRS 425.560.

Sec. 115. NRS 506.020 is hereby amended to read as follows:

506.020 The [Administrator of the Division of Wildlife of the

State Department of Conservation and Natural Resources] Director

shall appoint a person to serve on the Board of Compact

Administrators as the Compact Administrator for this state as

required by section 1 of article VII of the Wildlife [Violators]

Violator Compact.

Sec. 116. NRS 62.229 is hereby amended to read as follows:

62.229 In addition to the options set forth in NRS 62.211 and

62.213 and the requirements of NRS 62.228, if a child is adjudicated

delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040

because he handled or possessed a firearm or had a firearm under

his control in violation of NRS 202.300, the court shall order that

any license to hunt issued to the child pursuant to chapter 502 of

NRS must be revoked by the [Division of Wildlife of the State]

Department of [Conservation and Natural Resources] Wildlife and

that the child shall not receive a license to hunt within the 2 years

following the date of the order or until he is 18 years of age,

whichever is later. The judge shall require the child to surrender to

the court any license to hunt then held by the child. The court shall,

within 5 days after issuing the order, forward to the [Division]

Department of Wildlife any license to hunt surrendered by the child,

together with a copy of the order.

Sec. 117. NRS 232.090 is hereby amended to read as follows:

232.090 1. The Department consists of the Director and the

following divisions:

(a) The Division of Water Resources.

(b) The Division of State Lands.

(d) The Division of State Parks.

(e) The Division of Conservation Districts.

(f) The Division of Environmental Protection.

(g) The Division of Water Planning.

(h) [The Division of Wildlife.

(i)] Such other divisions as the Director may from time to time

establish.

2. The State Environmental Commission, the State

Conservation Commission, the Commission for the Preservation of

Wild Horses, the Nevada Natural Heritage Program and the Board

to Review Claims are within the Department.

Sec. 118. NRS 242.131 is hereby amended to read as follows:

242.131 1. The Department shall provide state agencies and

elected state officers with all their required design of information

systems. All agencies and officers must use those services and

equipment, except as otherwise provided in subsection 2.

2. The following agencies may negotiate with the Department

for its services or the use of its equipment, subject to the provisions

of this chapter, and the Department shall provide those services and

the use of that equipment as may be mutually agreed:

(a) The Court Administrator;

(b) The Department of Motor Vehicles;

(d) The Department of Transportation;

(e) The Employment Security Division of the Department of

Employment, Training and Rehabilitation;

(f) The [Division of Wildlife of the State] Department of

[Conservation and Natural Resources;] Wildlife;

(g) The Legislative Counsel Bureau;

(h) The State Controller;

(i) The State Gaming Control Board and Nevada Gaming

Commission; and

(j) The University and Community College System of Nevada.

3. Any state agency or elected state officer who uses the

services of the Department and desires to withdraw substantially

from that use must apply to the Director for approval. The

application must set forth justification for the withdrawal. If the

Director denies the application, the agency or officer must:

(a) If the Legislature is in regular or special session, obtain the

approval of the Legislature by concurrent resolution.

(b) If the Legislature is not in regular or special session, obtain

the approval of the Interim Finance Committee. The Director shall,

within 45 days after receipt of the application, forward the

application together with his recommendation for approval or denial

to the Interim Finance Committee. The Interim Finance Committee

has 45 days after the application and recommendation are submitted

to its Secretary within which to consider the application. Any

application which is not considered by the Committee within the

45-day period shall be deemed approved.

4. If the demand for services or use of equipment exceeds the

capability of the Department to provide them, the Department may

contract with other agencies or independent contractors to furnish

the required services or use of equipment and is responsible for the

administration of the contracts.

Sec. 119. NRS 321.385 is hereby amended to read as follows:

321.385 The State Land Registrar, after consultation with the

Division of Forestry of the State Department of Conservation and

Natural Resources, may:

1. Sell timber from any land owned by the State of Nevada

which is not assigned to the [Division of Wildlife of the State]

Department of [Conservation and Natural Resources.] Wildlife.

2. At the request of the [Administrator] Director of the

[Division of Wildlife of the State] Department of [Conservation and

Natural Resources,] Wildlife, sell timber from any land owned by

the State of Nevada which is assigned to the [Division] Department

of Wildlife. Revenues from the sale of such timber must be

deposited with the State Treasurer for credit to the Wildlife Account

in the State General Fund.

Sec. 120. NRS 331.165 is hereby amended to read as follows:

331.165 1. The Marlette Lake Water System Advisory

Committee is hereby created to be composed of:

(a) One member appointed by the [Administrator] Director of

the [Division of Wildlife of the State] Department of [Conservation

and Natural Resources.] Wildlife.

(b) One member appointed by the Administrator of the Division

of State Parks.

one member of the Senate and one member of the Assembly,

appointed by the Legislative Commission.

(d) One member from the staff of the Legislative Counsel

Bureau appointed by the Legislative Commission. The member so

appointed shall serve as a nonvoting member of the Advisory

Committee.

(e) One member appointed by the State Forester Firewarden.

(f) One member appointed by the Department of

Administration.

2. The voting members of the Advisory Committee shall select

one of the legislative members of the Advisory Committee as

Chairman and one as Vice Chairman. After the initial selection of a

Chairman and Vice Chairman, each such officer serves a term of 2

years beginning on July 1 of each odd-numbered year. If a vacancy

occurs in the Chairmanship or Vice Chairmanship, the person

appointed to succeed that officer shall serve for the remainder of the

unexpired term.

3. The Director of the Legislative Counsel Bureau shall

provide a Secretary for the Advisory Committee.

4. Members of the Advisory Committee serve at the pleasure

of their respective appointing authorities.

5. The Advisory Committee may make recommendations to

the Legislative Commission, the Interim Finance Committee, the

Department of Administration, the State Department of

Conservation and Natural Resources , and the Governor concerning

any matters relating to the Marlette Lake Water System or any part

thereof.

Sec. 121. NRS 353.250 is hereby amended to read as follows:

353.250 1. The State Treasurer shall designate the financial

institutions into which money received by a state officer, department

or commission must be deposited.

2. Except as otherwise provided in subsections 3 and 4, every

state officer, department or commission which receives or which

may receive any money of the State of Nevada or for its use and

benefit shall deposit on Thursday of each week, in a financial

institution designated by the State Treasurer to the credit of the State

Treasurer’s Account, all money received by that officer, department

or commission during the previous week.

3. Except as otherwise provided in subsection 4, if on any day

the money accumulated for deposit is $10,000 or more, a deposit

must be made not later than the next working day.

4. If the [Division of Wildlife of the State] Department of

[Conservation and Natural Resources] Wildlife accumulates for

deposit $10,000 or more on any day, the money must be deposited

within 10 working days.

5. Every officer, department or commission which is required

to deposit money with the State Treasurer shall comply with that

requirement by depositing the money in a financial institution

designated by the State Treasurer to the credit of the State

Treasurer’s Account.

6. Every officer, head of any department or commissioner who

fails to comply with the provisions of this section is guilty of a

misdemeanor in office.

7. As used in this section, “financial institution” means a bank,

savings and loan association, thrift company or credit union

regulated pursuant to title 55 or 56 of NRS.

Sec. 122. NRS 361.055 is hereby amended to read as follows:

361.055 1. All lands and other property owned by the State

are exempt from taxation, except real property acquired by the State

of Nevada and assigned to the [Division of Wildlife of the State]

Department of [Conservation and Natural Resources] Wildlife

which is or was subject to taxation under the provisions of this

chapter at the time of acquisition.

2. In lieu of payment of taxes on each parcel of real property

acquired by it which is subject to assessment and taxation pursuant

to subsection 1, the [Division of Wildlife of the State] Department

of [Conservation and Natural Resources] Wildlife shall make annual

[payment] payments to the county tax receiver of the county

wherein each such parcel of real property is located of an amount

equal to the total taxes levied and assessed against each such parcel

of real property in the year in which title to it was acquired by the

State of Nevada.

3. Such payments in lieu of taxes must be collected and

accounted for in the same manner as taxes levied and assessed

against real property pursuant to this chapter are collected and

accounted for.

4. Money received pursuant to this section must be apportioned

each year to the counties, school districts and cities wherein each

such parcel of real property is located in the proportion that the tax

rate of each such political subdivision bears to the total combined

tax rate in effect for that year.

Sec. 123. NRS 365.535 is hereby amended to read as follows:

365.535 1. It is declared to be the policy of the State of

Nevada to apply the tax on motor vehicle fuel paid on fuel used in

watercraft for recreational purposes during each calendar year,

which is hereby declared to be not refundable to the consumer, for

the:

(a) Improvement of boating and the improvement, operation and

maintenance of other outdoor recreational facilities located in any

state park that includes a body of water used for recreational

purposes; and

(b) Payment of the costs incurred, in part, for the administration

and enforcement of the provisions of chapter 488 of NRS.

2. The amount of excise taxes paid on all motor vehicle fuel

used in watercraft for recreational purposes must be determined

annually by the Department by use of the following formula:

(a) Multiplying the total boats with motors registered the

previous calendar year, pursuant to provisions of chapter 488 of

NRS, times 220.76 gallons average fuel purchased per boat;

(b) Adding 566,771 gallons of fuel purchased by out-of-state

boaters as determined through a study conducted during 1969-1970

by the Division of Agricultural and Resource Economics, Max C.

Fleischmann College of Agriculture, University of Nevada, Reno;

and

obtained under paragraph (a) to the figure in paragraph (b) times the

rate of tax, per gallon, imposed on motor vehicle fuel used in

watercraft for recreational purposes, less the percentage of the tax

authorized to be deducted by the supplier pursuant to NRS 365.330.

3. The [Division of Wildlife of the State] Department of

[Conservation and Natural Resources] Wildlife shall submit

annually to the Department, on or before April 1, the number of

boats with motors registered in the previous calendar year. On or

before June 1, the Department, using that data, shall compute the

amount of excise taxes paid on all motor vehicle fuel used in

watercraft for recreational purposes based on the formula set forth in

subsection 2, and shall certify the ratio for apportionment and

distribution, in writing, to the [Division of Wildlife of the State]

Department of [Conservation and Natural Resources] Wildlife and

to the Division of State Parks of the State Department of

Conservation and Natural Resources for the next fiscal year.

4. In each fiscal year, the State Treasurer shall, upon receipt of

the tax money from the Department collected pursuant to the

provisions of NRS 365.175 to 365.190, inclusive, allocate the

amount determined pursuant to subsection 2, in proportions directed

by the Legislature, to:

(a) The Wildlife Account in the State General Fund. This money

may be expended only for the administration and enforcement of the

provisions of chapter 488 of NRS and for the improvement,

operation and maintenance of boating facilities and other outdoor

recreational facilities associated with boating. Any money received

in excess of the amount authorized by the Legislature to be

expended for such purposes must be retained in the Wildlife

Account.

(b) The Division of State Parks of the State Department of

Conservation and Natural Resources. Such money may be expended

only as authorized by the Legislature for the improvement,

operation and maintenance of boating facilities and other outdoor

recreational facilities located in any state park that includes a body

of water used for recreational purposes.

Sec. 124. NRS 425.500 is hereby amended to read as follows:

425.500 As used in NRS 425.500 to 425.560, inclusive, unless

the context otherwise requires, “agency that issues a professional,

occupational or recreational license, certificate or permit” means the

[Division of Wildlife of the State] Department of [Conservation and

Natural Resources] Wildlife and any officer, agency, board or

commission of this state which is prohibited by specific statute from

issuing or renewing a license, certificate or permit unless the

applicant for the issuance or renewal of that license, certificate or

permit submits to the officer, agency, board or commission the

statement prescribed by the [Welfare] Division pursuant to

NRS 425.520.

Sec. 125. NRS 425.520 is hereby amended to read as follows:

425.520 1. The [Welfare] Division shall prescribe, by

regulation, a statement which must be submitted to an agency that

issues a professional, occupational or recreational license, certificate

or permit, other than the [Division of Wildlife of the State]

Department of [Conservation and Natural Resources,] Wildlife, by

an applicant for the issuance or renewal of such a license, certificate

or permit.

2. The statement prescribed pursuant to subsection 1 must:

(a) Provide the applicant with an opportunity to indicate that:

(1) He is not subject to a court order for the support of a

child;

(2) He is subject to a court order for the support of one or

more children and is in compliance with the order or is in

compliance with a plan approved by the district attorney or other

public agency enforcing the order for the repayment of the amount

owed pursuant to the order; or

(3) He is subject to a court order for the support of one or

more children and is not in compliance with the order or a plan

approved by the district attorney or other public agency enforcing

the order for the repayment of the amount owed pursuant to the

order;

(b) Include a statement that the application for the issuance or

renewal of the license, certificate or permit will be denied if the

applicant does not indicate on the statement which of the provisions

of paragraph (a) applies to the applicant; and

Sec. 126. NRS 425.540 is hereby amended to read as follows:

425.540 1. If a master enters a recommendation determining

that a person:

(a) Has failed to comply with a subpoena or warrant relating to a

proceeding to determine the paternity of a child or to establish or

enforce an obligation for the support of a child; or

(b) Is in arrears in the payment for the support of one or more

children,

and the district court issues an order approving the recommendation

of the master, the court shall provide a copy of the order to all

agencies that issue professional, occupational or recreational

licenses, certificates or permits.

2. A court order issued pursuant to subsection 1 must provide

that if the person named in the order does not, within 30 days after

the date on which the order is issued, submit to any agency that has

issued a professional, occupational or recreational license, certificate

or permit to that person a letter from the district attorney or other

public agency stating that the person has complied with the

subpoena or warrant or has satisfied the arrearage pursuant to NRS

425.560, the professional, occupational or recreational licenses

issued to the person by that agency will be automatically suspended.

Such an order must not apply to a license, certificate or permit

issued by the [Division of Wildlife of the State] Department of

[Conservation and Natural Resources] Wildlife or the State Land

Registrar if that license, certificate or permit expires less than 6

months after it is issued.

3. If a court issues an order pursuant to subsection 1, the

district attorney or other public agency shall send a notice by first-

class mail to the person who is subject to the order. The notice must

include:

(a) If the person has failed to comply with a subpoena or

warrant, a copy of the court order and a copy of the subpoena or

warrant; or

(b) If the person is in arrears in the payment for the support of

one or more children:

(1) A copy of the court order;

(2) A statement of the amount of the arrearage; and

(3) A statement of the action that the person may take to

satisfy the arrearage pursuant to NRS 425.560.

Sec. 127. NRS 432B.610 is hereby amended to read as

follows:

432B.610 1. The Peace Officers’ Standards and Training

Commission shall:

(a) Require each category I peace officer to complete a program

of training for the detection and investigation of and response to

cases of sexual abuse or sexual exploitation of children under the

age of 18 years.

(b) Not certify any person as a category I peace officer unless he

has completed the program of training required pursuant to

paragraph (a).

to paragraph (a).

(d) Adopt regulations necessary to carry out the provisions of

this section.

2. As used in this section, “category I peace officer” means:

(a) Sheriffs of counties and of metropolitan police departments,

their deputies and correctional officers;

(b) Personnel of the Nevada Highway Patrol appointed to

exercise the police powers specified in NRS 480.330 and 480.360;

towns;

(d) Members of the Police Department of the University and

Community College System of Nevada;

(e) Employees of the Division of State Parks of the State

Department of Conservation and Natural Resources designated by

the Administrator of the Division who exercise police powers

specified in NRS 289.260;

(f) The Chief, investigators and agents of the Investigation

Division of the Department of Public Safety; and

(g) The personnel of the [Division of Wildlife of the State]

Department of [Conservation and Natural Resources] Wildlife who

exercise those powers of enforcement conferred by title 45 and

chapter 488 of NRS.

Sec. 128. NRS 445A.615 is hereby amended to read as

follows:

445A.615 1. The Director may [authorize the Division of

Wildlife of] issue a permit to the Department of Wildlife to kill fish

through the use of toxicants.

2. The [Director shall] permit must indicate the terms and

conditions under which the use of toxicants may take place.

Sec. 129. NRS 445B.200 is hereby amended to read as

follows:

445B.200 1. The State Environmental Commission is hereby

created within the State Department of Conservation and Natural

Resources. The Commission consists of:

(a) The [Administrator of the Division of Wildlife] Director of

the Department[;] of Wildlife;

(b) The State Forester Firewarden;

(d) The Director of the State Department of Agriculture;

(e) The Administrator of the Division of Minerals of the

Commission on Mineral Resources;

(f) A member of the State Board of Health to be designated by

that Board; and

(g) Five members appointed by the Governor, one of whom is a

general engineering contractor or a general building contractor

licensed pursuant to chapter 624 of NRS and one of whom

possesses expertise in performing mining reclamation.

2. The Governor shall appoint the Chairman of the

Commission from among the members of the Commission.

3. A majority of the members constitutes a quorum, and a

majority of those present must concur in any decision.

4. Each member who is appointed by the Governor is entitled

to receive a salary of not more than $80, as fixed by the

Commission, for each day’s attendance at a meeting of the

Commission.

5. While engaged in the business of the Commission, each

member and employee of the Commission is entitled to receive the

per diem allowance and travel expenses provided for state officers

and employees generally.

6. Any person who receives or has received during the

previous 2 years a significant portion of his income, as defined by

any applicable state or federal law, directly or indirectly from one or

more holders of or applicants for a permit required by NRS

445A.300 to 445A.730, inclusive, is disqualified from serving as a

member of the Commission. The provisions of this subsection do

not apply to any person who receives or has received during the

previous 2 years, a significant portion of his income from any

department or agency of state government which is a holder of or an

applicant for a permit required by NRS 445A.300 to 445A.730,

inclusive.

7. The State Department of Conservation and Natural

Resources shall provide technical advice, support and assistance to

the Commission. All state officers, departments, commissions and

agencies, including the Department of Transportation, the

Department of Human Resources, the University and Community

College System of Nevada, the State Public Works Board, the

Department of Motor Vehicles, the Department of Public Safety, the

Public Utilities Commission of Nevada, the Transportation Services

Authority and the State Department of Agriculture may also provide

technical advice, support and assistance to the Commission.

Sec. 130. NRS 482.368 is hereby amended to read as follows:

482.368 1. Except as otherwise provided in subsection 2, the

Department shall provide suitable distinguishing license plates for

exempt vehicles. These plates must be displayed on the vehicles in

the same manner as provided for privately owned vehicles. The fee

for the issuance of the plates is $5. Any license plates authorized by

this section must be immediately returned to the Department when

the vehicle for which they were issued ceases to be used exclusively

for the purpose for which it was exempted from the governmental

services tax.

2. License plates furnished for:

(a) Those vehicles which are maintained for and used by the

Governor or under the authority and direction of the Chief Parole

and Probation Officer, the State Contractors’ Board and auditors, the

State Fire Marshal, the Investigation Division of the Department of

Public Safety and any authorized federal law enforcement agency or

law enforcement agency from another state;

(b) One vehicle used by the Department of Corrections, three

vehicles used by the [Division of Wildlife of the State] Department

of [Conservation and Natural Resources,] Wildlife, two vehicles

used by the Caliente Youth Center and four vehicles used by the

Nevada Youth Training Center;

Department for the purposes of law enforcement or work related

thereto or such other purposes as are approved upon proper

application and justification; and

(d) Vehicles maintained for and used by investigators of the

following:

(1) The State Gaming Control Board;

(2) The State Department of Agriculture;

(3) The Attorney General;

(4) City or county juvenile officers;

(5) District attorneys’ offices;

(6) Public administrators’ offices;

(7) Public guardians’ offices;

(8) Sheriffs’ offices;

(9) Police departments in the State; and

(10) The Securities Division of the Office of the Secretary of

State,

must not bear any distinguishing mark which would serve to

identify the vehicles as owned by the State, county or city. These

license plates must be issued annually for $12 per plate or, if issued

in sets, per set.

3. The Director may enter into agreements with departments of

motor vehicles of other states providing for exchanges of license

plates of regular series for vehicles maintained for and used by

investigators of the law enforcement agencies enumerated in

paragraph (d) of subsection 2, subject to all of the requirements

imposed by that paragraph, except that the fee required by that

paragraph must not be charged.

4. Applications for the licenses must be made through the head

of the department, board, bureau, commission, school district or

irrigation district, or through the chairman of the board of county

commissioners of the county or town or through the mayor of the

city, owning or controlling the vehicles, and no plate or plates may

be issued until a certificate has been filed with the Department

showing that the name of the department, board, bureau,

commission, county, city, town, school district or irrigation district,

as the case may be, and the words “For Official Use Only” have

been permanently and legibly affixed to each side of the vehicle,

except those vehicles enumerated in subsection 2.

5. As used in this section, “exempt vehicle” means a vehicle

exempt from the governmental services tax, except a vehicle owned

by the United States.

6. The Department shall adopt regulations governing the use of

all license plates provided for in this section. Upon a finding by the

Department of any violation of its regulations, it may revoke the

violator’s privilege of registering vehicles pursuant to this section.

Sec. 131. NRS 488.035 is hereby amended to read as follows:

488.035 As used in this chapter, unless the context otherwise

requires:

1. “Commission” means the Board of Wildlife Commissioners.

2. “Department” means the Department of Wildlife.

3. “Flat wake” means the condition of the water close astern a

moving vessel that results in a flat wave disturbance.

[3.] 4. “Interstate waters of this state” means waters forming

the boundary between the State of Nevada and an adjoining state.

5. “Legal owner” means a secured party under a security

agreement relating to a vessel or a renter or lessor of a vessel to the

State or any political subdivision of the State under a lease or an

agreement to lease and sell or to rent and purchase which grants

possession of the vessel to the lessee for a period of 30 consecutive

days or more.

[4.] 6. “Motorboat” means any vessel propelled by machinery,

whether or not the machinery is the principal source of propulsion.

[5.] 7. “Operate” means to navigate or otherwise use a

motorboat or a vessel.

[6.] 8. “Owner” means:

(a) A person having all the incidents of ownership, including the

legal title of a vessel, whether or not he lends, rents or pledges the

vessel; and

(b) A debtor under a security agreement relating to a

vessel.

“Owner” does not include a person defined as a “legal owner” under

subsection [3.] 4.

[7.] 9. “Prohibited substance” has the meaning ascribed to it in

NRS 484.1245.

[8.] 10. “Registered owner” means the person registered by the

Commission as the owner of a vessel.

[9.] 11. A vessel is “under way” if it is adrift, making way[,]

or being propelled, and is not aground, made fast to the shore, or

tied or made fast to a dock or mooring.

[10.] 12. “Vessel” means every description of watercraft, other

than a seaplane on the water, used or capable of being used as a

means of transportation on water.

[11.] 13. “Waters of this state” means any waters within the

territorial limits of this state.

Sec. 132. NRS 488.065 is hereby amended to read as follows:

488.065 1. Every motorboat on the waters of this state must

be numbered and titled, except as otherwise provided in subsection

4 and NRS 488.175.

2. Upon receipt of an original application for a certificate of

ownership or for transfer of a certificate of ownership on an

undocumented motorboat, the [Division of Wildlife of the State

Department of Conservation and Natural Resources] Department

may assign an appropriate builder’s hull number to the motorboat

whenever there is no builder’s number thereon, or when the

builder’s number has been destroyed or obliterated. The builder’s

number must be permanently marked on an integral part of the hull

which is accessible for inspection.

3. A person shall not operate or give permission for the

operation of any motorboat on the waters of this state unless:

(a) The motorboat is numbered in accordance with the

provisions of this chapter, with applicable federal law or with the

federally approved numbering system of another state;

(b) The certificate of number awarded to the motorboat is in

effect;

is displayed on each side of the bow of the motorboat; and

(d) A valid certificate of ownership has been issued to the owner

of any motorboat required to be numbered under this chapter.

4. Any person who purchases or otherwise owns a motorboat

before January 1, 1972, is not required to obtain title for the

motorboat until he transfers any portion of his ownership in the

motorboat to another person.

Sec. 133. NRS 488.075 is hereby amended to read as follows:

488.075 1. The owner of each motorboat requiring

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

a certificate of ownership with the [Division of Wildlife of the State

Department of Conservation and Natural Resources] Department on

forms approved by it accompanied by:

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

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

issued by the Department of Taxation, or by proof of exemption

from those taxes as provided in NRS 372.320.

(b) Such evidence of ownership as the [Division of Wildlife]

Department may require.

The [Division of Wildlife] Department shall not issue a number, a

certificate of number or a certificate of ownership until this evidence

is presented to it.

2. The application must be signed by the owner of the

motorboat and must be accompanied by a fee of $15 for the

certificate of ownership and a fee according to the following

schedule as determined by the straight line length which is measured

from the tip of the bow to the back of the transom of the motorboat:

Less than 13 feet..................................... $10

13 feet or more but less than 18 feet....... 15

18 feet or more but less than 22 feet....... 30

22 feet or more but less than 26 feet....... 45

26 feet or more but less than 31 feet....... 60

31 feet or more ......................................... 75

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

the [Division of Wildlife] Department under the provisions of this

chapter must be deposited in the Wildlife Account in the State

General Fund and may be expended only for the administration and

enforcement of the provisions of this chapter. On or before

December 31 of each year, the [Division of Wildlife] Department

shall deposit with the respective county school districts 50 percent

of each fee collected according to the motorboat’s length for every

motorboat registered from their respective counties. Upon receipt of

the application in approved form, the [Division of Wildlife]

Department shall enter the application upon the records of its office

and issue to the applicant a certificate of number stating the number

awarded to the motorboat, a certificate of ownership stating the

same information and the name and address of the registered owner

and the legal owner.

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

purchase of a validation decal. The fee for a validation decal is

determined by the straight line length of the motorboat and is

equivalent to the fee set forth in the schedule provided in subsection

2. The fee for issuing a duplicate validation decal is $10.

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

the motorboat the identification number in such manner as may be

prescribed by regulations of the Commission in order that the

number may be clearly visible. The number must be maintained in

legible condition.

5. The certificate of number must be pocket size and must be

available at all times for inspection on the motorboat for which

issued, whenever the motorboat is in operation.

6. The Commission shall provide by regulation for the issuance

of numbers to manufacturers and dealers which may be used

interchangeably upon motorboats operated by the manufacturers and

dealers in connection with the demonstration, sale or exchange of

those motorboats. The fee for each such number is $15.

Sec. 134. NRS 488.078 is hereby amended to read as follows:

488.078 The [Division of Wildlife of the State Department of

Conservation and Natural Resources] Department shall, upon

request of the Welfare Division of the Department of Human

Resources, submit to the Welfare Division the name, address and

social security number of each person who has been issued a

certificate of number or a validation decal and any pertinent changes

in that information.

Sec. 135. NRS 488.105 is hereby amended to read as follows:

488.105 If an agency of the United States Government has in

force an overall system of identification numbering for motorboats

within the United States, the numbering system employed pursuant

to the provisions of this chapter by the [Division of Wildlife of the

State Department of Conservation and Natural Resources]

Department must be in conformity therewith.

Sec. 136. NRS 488.115 is hereby amended to read as follows:

488.115 1. The [Division of Wildlife of the State Department

of Conservation and Natural Resources] Department may award

any certificate of number directly or may authorize any person to act

as an agent for the awarding thereof. If a person accepts the

authorization, he may be assigned a block of numbers and

certificates therefor which upon award, in conformity with the

provisions of this chapter and with any regulations of the

Commission, is valid as if awarded directly by the [Division of

Wildlife.] Department. At the time an agent forwards the money

collected to the [Division of Wildlife] Department he may retain 50

cents per certificate of number.

2. All records of the [Division of Wildlife] Department made

or kept pursuant to this section are public records.

Sec. 137. NRS 488.135 is hereby amended to read as follows:

488.135 The [Division of Wildlife of the State Department of

Conservation and Natural Resources] Department shall fix a day

and month of the year on which certificates of number due to expire

during the calendar year lapse unless renewed pursuant to the

provisions of this chapter.

Sec. 138. NRS 488.145 is hereby amended to read as follows:

488.145 1. The owner shall furnish the [Division of Wildlife

of the State Department of Conservation and Natural Resources]

Department notice of the destruction or abandonment of any

motorboat numbered under this chapter, within 10 days thereof.

2. Such destruction or abandonment terminates the certificate

of number for the motorboat.

Sec. 139. NRS 488.155 is hereby amended to read as follows:

488.155 1. Any holder of a certificate of number and a

certificate of ownership shall notify the [Division of Wildlife of the

State Department of Conservation and Natural Resources]

Department, within 10 days, if his address no longer conforms to

the address appearing on the certificates and shall, as a part of the

notification, furnish the [Division of Wildlife] Department with his

new address.

2. The Commission may provide in its regulations for the

surrender of the certificates bearing the former address and its

replacement with new certificates bearing the new address or for the

alteration of outstanding certificates to show the new address of the

holder.

Sec. 140. NRS 488.171 is hereby amended to read as follows:

488.171 1. A person shall not:

(a) Intentionally deface, destroy, remove or alter any hull

number required for a vessel without written authorization from the

[Division of Wildlife of the State Department of Conservation and

Natural Resources;] Department; or

(b) Place or stamp any serial number upon a vessel except a

number assigned to the vessel by the [Division of Wildlife.]

Department.

2. This section does not prohibit:

(a) The restoration of the original hull number by an owner of a

vessel when the restoration is authorized by the [Division of

Wildlife;] Department; or

(b) Any manufacturer from placing numbers or marks in the

ordinary course of business upon new vessels or parts of vessels.

3. The [Division of Wildlife] Department shall, upon request,

assign a hull number to any handmade vessel.

4. Any person who violates subsection 1 is guilty of a gross

misdemeanor.

Sec. 141. NRS 488.175 is hereby amended to read as follows:

488.175 1. Except as otherwise provided in subsection 2, a

motorboat need not be numbered pursuant to the provisions of this

chapter if it is:

(a) Already covered by a number in effect which has been

awarded or issued to it pursuant to federal law or a federally

approved numbering system of another state if the boat has not been

on the waters of this state for a period in excess of 90 consecutive

days.

(b) A motorboat from a country other than the United States

temporarily using the waters of this state.

subdivision of a state.

(d) A ship’s lifeboat.

(e) A motorboat belonging to a class of boats which has been

exempted from numbering by the [Division of Wildlife of the State

Department of Conservation and Natural Resources] Department

after the [Division] Department has found:

(1) That the numbering of motorboats of that class will not

materially aid in their identification; and

(2) If an agency of the Federal Government has a numbering

system applicable to the class of motorboats to which the motorboat

in question belongs, that the motorboat would also be exempt from

numbering if it were subject to the federal law.

2. The [Division of Wildlife] Department may, by regulation,

provide for the issuance of exempt numbers for motorboats not

required to be registered under the provisions of this chapter.

3. A motorboat need not be titled pursuant to the provisions of

this chapter, if it is already covered by a certificate of ownership

which has been awarded or issued to it pursuant to the title system

of another state.

Sec. 142. NRS 488.1793 is hereby amended to read as

follows:

488.1793 Except as otherwise provided for the creation or

transfer of a security interest, no transfer of title to or any interest in

any motorboat required to be numbered under this chapter is

effective until one of the following conditions is fulfilled:

1. The transferor has properly endorsed and delivered the

certificate of ownership and has delivered the certificate of number

to the transferee as provided in this chapter, and the transferee has,

within the prescribed time, delivered the documents to the [Division

of Wildlife of the State Department of Conservation and Natural

Resources] Department or placed them in the United States mail

addressed to the [Division of Wildlife] Department with the transfer

fee.

2. The transferor has delivered to the [Division of Wildlife]

Department or placed in the United States mail addressed to the

[Division of Wildlife] Department the appropriate documents for

the transfer of ownership pursuant to the sale or transfer.

Sec. 143. NRS 488.1795 is hereby amended to read as

follows:

488.1795 Upon receipt of a properly endorsed certificate of

ownership and the certificate of number of any motorboat, the

transferee shall within 10 days file the certificates , accompanied by

a fee of $5 , with the [Division of Wildlife of the State Department

of Conservation and Natural Resources] Department and thereby

make application for a new certificate of ownership and a new

certificate of number.

Sec. 144. NRS 488.1797 is hereby amended to read as

follows:

488.1797 1. Before the issuance of any certificate of

ownership, the [Division of Wildlife of the State Department of

Conservation and Natural Resources] Department shall obtain a

statement in writing signed by the transferee or transferor, showing:

(a) The date of the sale or other transfer of ownership of the

motorboat.

(b) The name and address of the seller or transferor.

2. Upon receipt of the properly endorsed certificate of

ownership, the certificate of number , and the required fee and

statement of information, the [Division of Wildlife] Department

shall issue a new certificate of ownership and a new certificate of

number to the transferee. The previous number may be reassigned to

the transferee.

Sec. 145. NRS 488.1801 is hereby amended to read as

follows:

488.1801 Any owner of any motorboat numbered under this

chapter who sells or transfers his title or any interest in the

motorboat shall within 10 days notify the [Division of Wildlife of

the State Department of Conservation and Natural Resources]

Department of the sale or transfer and furnish the following

information:

1. The name and address of the legal owner and transferee; and

2. Such description of the motorboat as may be required by the

[Division of Wildlife.] Department.

Sec. 146. NRS 488.1803 is hereby amended to read as

follows:

488.1803 Any dealer upon transferring by sale, lease or

otherwise any motorboat, whether new or used, required to be

numbered under this chapter, shall give written notice of the transfer

to the [Division of Wildlife of the State Department of Conservation

and Natural Resources] Department upon an appropriate form

provided by it. The notice must be given within 3 days after the sale,

but a dealer need not give the notice when selling or transferring a

new unnumbered motorboat to another dealer.

Sec. 147. NRS 488.1813 is hereby amended to read as

follows:

488.1813 1. If a certificate of ownership is lost, stolen,

damaged or mutilated, an application for transfer may be made upon

a form provided by the [Division of Wildlife of the State

Department of Conservation and Natural Resources] Department

for a duplicate certificate of ownership. The transferor shall write

his signature and address in the appropriate spaces provided upon

the application and file it together with the proper fees for a

duplicate certificate of ownership and transfer.

2. The [Division of Wildlife] Department may receive the

application and examine into the circumstances of the case and may

require the filing of affidavits or other information, and when the

[Division of Wildlife] Department is satisfied that the applicant is

entitled to a transfer of ownership, it may transfer the ownership of

the motorboat, and issue a new certificate of ownership[,] and

certificate of number to the person found to be entitled thereto.

Sec. 148. NRS 488.1823 is hereby amended to read as

follows:

488.1823 1. No security interest in any motorboat required to

be numbered under this chapter, whether the number was awarded

before or after the creation of the security interest, is perfected until

the secured party or his successor or assignee has deposited with the

[Division of Wildlife of the State Department of Conservation and

Natural Resources] Department a properly endorsed certificate of

ownership to the motorboat subject to the security interest.

2. The certificate must show the secured party as legal owner if

the motorboat is then numbered under this chapter, or if not so

numbered, the registered owner shall file an initial application for a

certificate of number and for a certificate of ownership and the

certificate of ownership issued thereunder must contain the name

and address of the legal owner.

3. Upon compliance with subsections 1 and 2, the security

interest is perfected and the records of the [Division of Wildlife]

Department must show the secured party or his successor or

assignee as the legal owner of the motorboat.

Sec. 149. NRS 488.1826 is hereby amended to read as

follows:

488.1826 1. If the [Division of Wildlife of the State

Department of Conservation and Natural Resources] Department

receives a copy of a court order issued pursuant to NRS 425.540 that

provides for the suspension of all professional, occupational and

recreational licenses, certificates and permits issued to a person who

has been issued a certificate of number or a validation decal, the

[Division of Wildlife] Department shall deem the certificate of

number or validation decal issued to that person to be suspended at

the end of the 30th day after the date on which the court order was

issued unless the [Division of Wildlife] Department receives a letter

issued by the district attorney or other public agency pursuant to

NRS 425.550 to the person who has been issued the certificate of

number or validation decal stating that the person has complied with

the subpoena or warrant or has satisfied the arrearage pursuant to

NRS 425.560.

2. The [Division of Wildlife] Department shall reinstate a

certificate of number or validation decal that has been suspended by

a district court pursuant to NRS 425.540 if the [Division of

Wildlife] Department receives a letter issued by the district attorney

or other public agency pursuant to NRS 425.550 to the person

whose certificate of number or validation decal was suspended

stating that the person whose certificate of number or validation

decal was suspended has complied with the subpoena or warrant or

has satisfied the arrearage pursuant to NRS 425.560.

Sec. 150. NRS 488.1827 is hereby amended to read as

follows:

488.1827 The [Division of Wildlife of the State Department of

Conservation and Natural Resources] Department may suspend or

revoke any certificate of ownership, certificate of number or number

of any motorboat if it is satisfied that any such certificate or number

was fraudulently obtained, or that the appropriate fee was not paid.

Sec. 151. NRS 488.195 is hereby amended to read as follows:

488.195 1. The exhaust of every internal combustion engine

used on any motorboat must be effectively muffled by equipment so

constructed and used as to muffle the noise of the exhaust in a

reasonable manner.

2. The use of cutouts is prohibited.

3. Subsections 1 and 2 do not apply to:

(a) Motorboats competing in a regatta or boat race approved as

provided in NRS 488.305;

(b) Such motorboats while on trial runs between the hours of 9

a.m. and 5 p.m. and during a period not to exceed 48 hours

immediately preceding the regatta or boat race;

records during a period not to exceed 48 hours immediately

following the regatta or boat race; or

(d) Any motorboat operating under a separate permit issued by

the [Division of Wildlife of the State Department of Conservation

and Natural Resources] Department for tuning engines, making test

or trial runs or competing in official trials for speed records other

than in connection with regattas or boat races.

4. The [Division of Wildlife] Department shall issue permits

for the purposes enumerated in paragraph (a) of subsection 3, under

such conditions and restrictions as the Commission determines

necessary to prevent a public nuisance and to assure the public

safety. The Commission may adopt regulations to carry out the

provisions of this subsection.

Sec. 152. NRS 488.197 is hereby amended to read as follows:

488.197 1. No vessel may be equipped with nor shall any

person use or install upon a vessel a siren, except as otherwise

provided in this chapter.

2. Any authorized emergency vessel, when approved by the

[Division of Wildlife of the State Department of Conservation and

Natural Resources,] Department, may be equipped with a siren

capable of sound audible under normal conditions from a distance of

not less than 500 feet, but the siren must not be used except if the

vessel is operated in response to an emergency call or in the

immediate pursuit of an actual or suspected violator of the law, in

which event the operator of the vessel shall sound the siren when

necessary to warn persons of the approach thereof.

Sec. 153. NRS 488.259 is hereby amended to read as follows:

488.259 1. Except as otherwise provided in NRS 488.263, a

person shall not place any mooring buoy in any waters of this state,

other than the Lake Mead National Recreation Area, without a

permit issued by:

(a) The Division of State Lands, if the mooring buoy is to be

placed in navigable waters.

(b) The [Division of Wildlife of the State Department of

Conservation and Natural Resources,] Department, if the mooring

buoy is to be placed in any other waters.

2. The Division of State Lands shall transmit a copy of each

application for a permit for the placement of a mooring buoy in the

navigable waters of this state to the [Division of Wildlife]

Department as soon as practicable after receipt.

3. Upon receipt of such a copy, the [Division of Wildlife]

Department shall review the application to determine whether the

placement of the buoy is in the best interests of the State. To

determine whether the placement of a mooring buoy is in the best

interests of the State, the [Division of Wildlife] Department may

consider the likelihood that the buoy will:

(a) Interfere with navigation.

(b) Become a hazard to persons or wildlife.

which it is placed.

4. If the [Division of Wildlife] Department determines that the

permit should be denied, [it] the Department shall submit such a

recommendation to the Division of State Lands and provide a brief

summary of the reason for the recommendation within 30 days after

the date on which the application was transmitted.

5. If the Division of State Lands does not receive a

recommendation for the denial of the permit from the [Division of

Wildlife] Department within the 30-day period provided in

subsection 4, the application shall be deemed to be approved by the

[Division of Wildlife.] Department.

Sec. 154. NRS 488.261 is hereby amended to read as follows:

488.261 1. The [Division of Wildlife of the State Department

of Conservation and Natural Resources] Department may issue to

any person a permit to place a mooring buoy in the nonnavigable

waters of this state. The [Division of Wildlife] Department shall

charge and collect a fee in the amount set by the Commission for

each permit issued pursuant to this subsection. Unless suspended or

revoked by the [Division of Wildlife,] Department, a permit issued

pursuant to this subsection is valid through December 31 of the year

in which it is issued. Such a permit may be renewed annually by

paying the fee set by the Commission on or before January 1 of each

year.

2. The [Division of Wildlife] Department may issue a permit

for the temporary placement of a buoy, other than a navigational aid,

for practice courses or marine events. The [Division of Wildlife]

Department shall charge and collect a fee in the amount set by the

Commission for each permit issued pursuant to this subsection.

Unless suspended or revoked by the [Division of Wildlife,]

Department, a permit issued pursuant to this subsection is valid for

the period indicated on the face of the permit which must not exceed

6 months.

3. The Commission shall adopt by regulation fees for:

(a) The issuance and renewal of permits for mooring buoys

pursuant to subsection 1 which must not be more than $100 for each

buoy per year.

(b) The issuance of permits for the temporary placement of

buoys for practice courses or marine events pursuant to subsection 2

which must not be more than $50 per buoy.

4. The Commission may:

(a) Adopt such regulations as are necessary to carry out the

provisions of NRS 488.257 to 488.285, inclusive; and

(b) Establish a schedule of administrative fines for the violation

of those regulations which may be assessed in addition to any

criminal penalties for the same act.

5. The [Division of Wildlife] Department is responsible for the

enforcement of the laws of this state governing mooring buoys and

may:

(a) Revoke or suspend a permit for a mooring buoy issued

pursuant to subsection 1 or 2 or by the Division of State Lands if:

(1) The person responsible for the buoy fails to comply with

all applicable statutes and regulations concerning the buoy; or

(2) The buoy becomes a hazard to navigation.

(b) Remove any mooring buoy determined to be unlawfully

placed.

6. This section does not require an agency of this state or the

United States Government to obtain written authorization to place,

move, remove, destroy or tamper with buoys or navigational aids on

the navigable waters of this state.

Sec. 155. NRS 488.285 is hereby amended to read as follows:

488.285 1. Except as otherwise provided in subsection 2:

(a) A person shall not moor any vessel to any buoy or

navigational aid placed in any waterway by authority of the United

States or any other governmental authority, or in any manner attach

a vessel to any such buoy or navigational aid.

(b) A person shall not place, move, remove, destroy or tamper

with any buoy or other navigational aid without written

authorization from the [Division of Wildlife of the State Department

of Conservation and Natural Resources.] Department.

2. The provisions of subsection 1 do not apply to mooring

buoys.

3. A person who violates a provision of subsection 1 shall be

punished:

(a) If no injury results from the violation, for a misdemeanor.

(b) If bodily injury or property damage in excess of $200 results

from the violation, for a gross misdemeanor.

felony as provided in NRS 193.130.

4. Nothing in this section requires an agency of this state or the

United States Government to obtain written authorization to place,

move, remove, destroy or tamper with buoys or navigational aids on

navigable waters of this state.

Sec. 156. NRS 488.291 is hereby amended to read as follows:

488.291 1. A person shall not abandon a vessel upon a public

waterway or public or private property without the consent of the

owner or person in lawful possession or control of the property.

2. The abandonment of any vessel in a manner prohibited by

subsection 1 is prima facie evidence that the last registered owner of

record, unless he has notified the [Division of Wildlife of the State

Department of Conservation and Natural Resources] Department or

other appropriate agency of his relinquishment of title or interest

therein, is responsible for the abandonment. The person so

responsible is liable for the cost of removal and disposition of the

vessel.

3. A game warden, sheriff or other peace officer of this state

may remove a vessel from a public waterway when:

(a) The vessel is left unattended and is adrift, moored, docked,

beached or made fast to land in such a position as to interfere with

navigation or in such a condition as to create a hazard to other

vessels using the waterway, to public safety or to the property of

another.

(b) The vessel is found upon a waterway and a report has

previously been made that the vessel has been stolen or embezzled.

injuries or illness incapacitated to such an extent as to be unable to

provide for its custody or removal.

(d) An officer arrests a person operating or in control of the

vessel for an alleged offense, and the officer is required or permitted

to take, and does take, the person arrested before a magistrate

without unnecessary delay.

(e) The vessel seriously interferes with navigation or otherwise

poses a critical and immediate danger to navigation or to the public

health, safety or welfare.

Sec. 157. NRS 488.293 is hereby amended to read as follows:

488.293 1. A peace officer may attempt to identify the

registered owner of a vessel abandoned on private property by

inspection of the vessel and any trailer to which it is attached and

may supply the information to the property owner. The property

owner must declare by affidavit the reasons why he believes the

property to be abandoned. The property owner must give 5 days’

notice to the last registered owner before causing the removal of the

vessel. If the last registered owner is unknown or cannot be notified,

the vessel may immediately be removed to a secure location

designated by a peace officer.

2. A peace officer shall, within 48 hours after directing the

removal of an abandoned vessel on a public waterway or public or

private property, notify the [Division of Wildlife of the State

Department of Conservation and Natural Resources] Department of

the status of the vessel.

3. A law enforcement agency that has custody of an abandoned

vessel shall, if the agency knows or can reasonably discover the

name and address of the owner of the vessel or any person who

holds a security interest in the vessel, notify the owner or the holder

of the security interest of the location of the vessel and the method

by which the vessel may be claimed. The notice must be sent by

certified or registered mail.

4. If the abandoned vessel is held by a law enforcement agency

as evidence in the investigation or prosecution of a criminal offense,

the notice required by subsection 3 must be sent:

(a) Upon the decision of the law enforcement agency or district

attorney not to pursue or prosecute the case;

(b) Upon the conviction of the person who committed the

offense; or

5. Failure to reclaim the vessel within 180 days after the date

the notice is mailed constitutes a waiver of interest in the vessel by

any person having an interest in the vessel and the vessel shall be

deemed abandoned for all purposes.

6. If all recorded interests in a vessel are waived, as provided in

subsection 5 or by written disclaimer, the [Division of Wildlife]

Department may issue a certificate of ownership to the law

enforcement agency that has custody of the vessel. If necessary, the

[Division of Wildlife] Department may assign a hull number to the

vessel. This subsection does not preclude the subsequent return of a

vessel, or any component part thereof, by a law enforcement agency

to the registered owner of the vessel upon presentation by the

registered owner of satisfactory proof of ownership.

7. A law enforcement agency to which a certificate of

ownership is issued pursuant to subsection 6 may use, sell or destroy

the vessel, and shall keep a record of the disposition of the vessel. If

the law enforcement agency:

(a) Sells the vessel, all proceeds from the sale of the vessel

become the property of the law enforcement agency.

(b) Destroys the vessel, the law enforcement agency shall,

within 10 days, give notice of the destruction of the vessel to the

[Division of Wildlife.] Department.

Sec. 158. NRS 488.305 is hereby amended to read as follows:

488.305 1. The [Division of Wildlife of the State Department

of Conservation and Natural Resources] Department may authorize

the holding of regattas, motorboat or other boat races, marine

parades, tournaments or exhibitions on any waters of this state. The

Commission shall adopt regulations concerning the safety of

motorboats and other vessels and persons thereon, either observers

or participants.

2. At least 30 days before a regatta, motorboat or other boat

race, marine parade, tournament or exhibition is proposed to be

held, the person in charge thereof must file an application with the

[Division of Wildlife] Department for permission to hold the

regatta, motorboat or other boat race, marine parade, tournament or

exhibition. No such event may be conducted without the written

authorization of the [Division of Wildlife.] Department.

3. The [Administrator] Director of the [Division of Wildlife]

Department may require an applicant, or the sponsor of the event, as

a condition of the approval of a regatta, motorboat or other boat

race, marine parade, tournament or exhibition, to enter into an

agreement to reimburse the [Division] Department for expenses

incurred by the [Division] Department to ensure that the event is

conducted safely, including, without limitation, expenses for

equipment used, expenses for personnel and general operating

expenses.

4. The application must set forth the date, time and location

where it is proposed to hold the regatta, motorboat or other boat

race, marine parade, tournament or exhibition, the type of vessels

participating, the number and kind of navigational aids required and

the name of a person who will be present at the event to ensure that

the conditions of the permit are satisfied.

5. The provisions of this section do not exempt any person

from compliance with applicable federal law or regulation.

Sec. 159. NRS 488.320 is hereby amended to read as follows:

488.320 1. A person shall not maintain or operate upon the

waters of this state any vessel which is equipped with a marine

sanitation device unless the device is approved by the United States

Coast Guard and:

(a) Is designed to prevent the overboard discharge of treated and

untreated sewage; or

(b) Is adequately secured to prevent the overboard discharge of

treated and untreated sewage.

2. It is unlawful for any person to discharge or attempt to

discharge sewage from a vessel into the waters of this state.

3. The Commission shall adopt regulations:

(a) That it determines are necessary to carry out the provisions

of this section; and

(b) Establishing a schedule of civil penalties for various

violations of this section and those regulations.

4. A person who violates any provision of this section or the

regulations adopted pursuant to subsection 3:

(a) Is guilty of a misdemeanor; and

(b) In addition to any criminal penalty, is subject to:

(1) The suspension of the certificate of number of his vessel

for 180 consecutive days; and

(2) A civil penalty of not less than $250, as established in

regulations adopted by the Commission, payable to the [Division of

Wildlife of the State Department of Conservation and Natural

Resources.] Department.

5. As used in this section, unless the context otherwise

requires:

(a) “Discharge” means to spill, leak, pump, pour, emit, empty or

dump sewage into the water.

(b) “Marine sanitation device” means a toilet facility which is

installed on board a vessel and which is designed to receive, retain,

treat or discharge sewage, and any process to treat that sewage. The

term does not include portable devices which are designed to be

carried onto and off of a vessel.

from toilets or other receptacles, including marine sanitation

devices, designed to receive or retain wastes from the human body.

(d) “Vessel” includes any watercraft or structure floating on the

water, whether or not capable of self-locomotion, including

houseboats, barges and similar structures.

Sec. 160. NRS 488.550 is hereby amended to read as follows:

488.550 1. The operator of a vessel involved in a collision,

accident or other casualty shall, so far as he can do so without

serious danger to his own vessel, crew and passengers, render to

other persons affected by the casualty such assistance as may be

practicable and as may be necessary to save them from or minimize

any danger caused by the casualty, and shall give his name, address

and the identification of his vessel in writing to any person injured

and to the owner of any property damaged in the casualty.

2. In the case of collision, accident or other casualty involving

a vessel, the operator thereof, if the casualty results in death or

injury to a person or damage to property in excess of $500, shall file

with the [Division of Wildlife of the State Department of

Conservation and Natural Resources] Department a full description

of the casualty, including, without limitation, such information as

the Commission may, by regulation, require.

3. Upon receipt of a claim under a policy of insurance with

respect to a collision, accident or other casualty for which a report is

required by subsection 2, the insurer shall provide written notice to

the insured of his responsibility pursuant to subsection 2 to file with

the [Division of Wildlife] Department a full description of the

casualty.

4. Upon receipt of a request for repair with respect to a

collision, accident or other casualty for which a report is required by

subsection 2, the person who repairs the vessel shall provide written

notice to the person requesting the repairs of the requirement set

forth in subsection 2 that the operator file with the [Division of

Wildlife] Department a full description of the casualty.

5. The insurer and the person who repairs a vessel shall

transmit a copy of each notice they provide pursuant to subsections

3 and 4, respectively, to the [Division of Wildlife] Department at

the same time the notice is provided to the insured or person

requesting the repairs.

6. The [Division of Wildlife] Department shall investigate or

cause to be investigated a collision, accident or other casualty

involving a vessel which results in death or substantial bodily injury

and shall gather evidence to be used in the prosecution of a person

charged with violating a law in connection with the collision,

accident or other casualty. The [Division of Wildlife] Department

may investigate or cause to be investigated a collision, accident or

other casualty involving a vessel which does not result in death or

substantial bodily injury and may gather evidence to be used in the

prosecution of a person charged with violating a law in connection

with the collision, accident or other casualty.

Sec. 161. NRS 488.560 is hereby amended to read as follows:

488.560 In accordance with any request made by an authorized

official or agency of the United States, any information compiled or

otherwise available to the [Division of Wildlife of the State

Department of Conservation and Natural Resources] Department

pursuant to NRS 488.550 must be transmitted to the official or

agency of the United States.

Sec. 162. NRS 488.740 is hereby amended to read as follows:

488.740 1. The [Division] Department shall certify persons

to provide, in cooperation with the [Division,] Department,

instruction in safe boating approved by the National Association of

State Boating Law Administrators. All persons who successfully

complete the course must be issued a certificate evidencing

successful completion.

2. The [Division] Department may offer the courses in

cooperation with organizations that provide education in safe

boating, including, without limitation, the United States Coast

Guard Auxiliary and the United States Power Squadrons.

3. The [Division] Department shall maintain a list, available

for public inspection, of the availability of courses in safe boating

and any instructors who are certified pursuant to subsection 1.

Sec. 163. NRS 488.750 is hereby amended to read as follows:

488.750 1. A person born on or after January 1, 1983, who is

a resident of this state and who possesses a certificate that evidences

his successful:

(a) Completion of a course in safe boating that is approved by

the National Association of State Boating Law Administrators,

including, without limitation, courses offered pursuant to NRS

488.740 and courses offered by the United States Coast Guard

Auxiliary or the United States Power Squadrons; or

(b) Passage of a proficiency examination that was proctored and

tests the knowledge of the information included in the curriculum of

such a course,

shall submit or cause to be submitted a copy of the certificate to the

[Division. The Division] Department. The Department may request

additional information necessary for the [Division] Department to

maintain the database pursuant to subsection 2.

2. The [Division] Department shall establish and maintain a

database of certificates that it receives pursuant to subsection 1. The

database must include, without limitation, the:

(a) Name, date of birth and gender of the holder of the

certificate;

(b) Date, location and name of the course that the holder of the

certificate completed or the examination that he passed; and

Sec. 164. NRS 488.900 is hereby amended to read as follows:

488.900 1. Every game warden, sheriff and other peace

officer of this state and its political subdivisions shall enforce the

provisions of this chapter and may stop and board any vessel subject

to the provisions of this chapter.

2. Any vessel located upon the waters of this state is subject to

inspection by the [Division of Wildlife of the State Department of

Conservation and Natural Resources] Department or any lawfully

designated agent or inspector thereof at any time to determine

whether the vessel is equipped in compliance with the provisions of

this chapter.

3. Any vessel located upon the waters of this state is subject to

inspection by the Division of Environmental Protection of the State

Department of Conservation and Natural Resources or any lawfully

designated agent or inspector thereof at any time to determine

whether the vessel is equipped in compliance with the provisions of

NRS 488.320. As used in this subsection, “vessel” includes any

watercraft or structure floating on the water, whether or not capable

of self-locomotion, including houseboats, barges and similar

structures.

Sec. 165. NRS 528.053 is hereby amended to read as follows:

528.053 1. No felling of trees, skidding, rigging or

construction of tractor or truck roads or landings, or the operation of

vehicles, may take place within 200 feet, measured on the slope,

of the high water mark of any lake, reservoir, stream or other body

of water unless a variance is first obtained from a committee

composed of the State Forester Firewarden, the [Administrator]

Director of the [Division of Wildlife of the State] Department of

[Conservation and Natural Resources] Wildlife and the State

Engineer.

2. The committee may grant a variance authorizing any of the

activities prohibited by subsection 1 within a 200-foot buffer area if

the committee determines that the goals of conserving forest

resources and achieving forest regeneration, preserving watersheds,

reaching or maintaining water quality standards adopted by federal

and state law, continuing water flows, preserving and providing for

the propagation of fish life and stream habitat and preventing

significant soil erosion will not be compromised.

3. In acting on a request for such variances , the committee

shall consider the following factors:

(a) The extent to which such requested activity is consistent with

good forestry management for the harvesting of timber;

(b) The extent to which such requested activity significantly

impedes or interrupts the natural volume and flow of water;

affects a continuation of the natural quality of the water pursuant to

state and federal water quality standards;

(d) The extent to which such requested activity is consistent

with the prevention of significant soil erosion;

(e) The extent to which such requested activity may

significantly obstruct fish passage, cause sedimentation in fish

spawning areas, infringe on feeding and nursing areas and cause

variations of water temperatures; and

(f) The filtration of sediment-laden water as a consequence of

timber harvesting on adjacent slopes.

Sec. 166. NRS 534A.070 is hereby amended to read as

follows:

534A.070 1. The Administrator of the Division of Minerals

of the Commission on Mineral Resources shall approve or reject an

application for a permit to drill an exploratory well within 10 days

after he receives the application in proper form. The permit must not

be effective for more than 2 years, but may be extended by the

Administrator.

2. Upon receipt of an application for a permit to drill or operate

a geothermal well, the Administrator of the Division of Minerals

shall transmit copies of the application to the State Engineer, the

Administrator of the Division of Environmental Protection of

the State Department of Conservation and Natural Resources , and

the [Administrator] Director of the [Division of Wildlife of the

State] Department of [Conservation and Natural Resources.]

Wildlife. After consultation with the State Engineer , the

Administrator of the Division of Environmental Protection, and

[each of the Administrators,] the Director of the Department of

Wildlife, the Administrator of the Division of Minerals may issue a

permit to drill or operate a geothermal well if it is determined that

issuance of a permit is consistent with:

(a) The policies specified in NRS 445A.305 and 445B.100;

(b) The purposes of chapters 533 and 534 of NRS; and

3. The Administrator of the Division of Minerals shall approve

or reject the application to drill or operate a geothermal well within

90 days after he receives it in proper form, unless it is determined

that a conflict exists pursuant to subsection 2 or a public hearing is

necessary pursuant to subsection 4. Notice of the conflict or need for

a public hearing must be provided to the applicant within the 90-day

period.

4. The State Engineer and the Administrator of the Division of

Minerals may hold public hearings jointly or separately to gather

such evidence or information as they deem necessary for a full

understanding of all the rights involved and to guard properly the

public interest.

5. A permit issued pursuant to this section must include any

conditions:

(a) Deemed necessary by the Administrator of the Division of

Minerals to carry out the purposes of this section; and

(b) Imposed by the State Engineer consistent with the provisions

of chapters 533 and 534 of NRS.

Sec. 167. NRS 535.060 is hereby amended to read as follows:

535.060 1. On any stream system and its tributaries in this

state the distribution of the waters of which are vested in the State

Engineer by law or the final decree of court, where beaver, by the

construction of dams or otherwise, are found to be interfering with

the lawful and necessary distribution of water to the proper users

thereof, the State Engineer, upon complaint of any interested water

user, shall investigate or cause the investigation of the matter.

2. The State Engineer and his assistants and water

commissioners and the [Division of Wildlife of the State]

Department of [Conservation and Natural Resources] Wildlife and

its agents may enter upon privately owned lands for the purposes of

investigating the conditions complained of and the removal and

trapping of beaver.

3. If satisfied that such beaver are interfering with the flow of

water to the detriment of water users, the State Engineer shall serve

a written notice on the owner of the land, if it is privately owned,

stating:

(a) That the beaver thereon are interfering with or stopping the

flow of water necessary for the proper serving of water rights; and

(b) That unless, within 10 days from receipt of the notice,

written objection to the removal of such beaver is filed with the

State Engineer by the landowner, the [Division of Wildlife of the

State] Department of [Conservation and Natural Resources] Wildlife

will remove such beaver or as many thereof as will rectify the

existing conditions.

4. Failure of the landowner to file such written objections shall

be deemed a waiver thereof. Upon receipt of written objections , the

State Engineer may make further investigation and may sustain or

overrule the objections as the facts warrant. Upon the overruling of

the objections, the landowner may have them reviewed by the

district court having jurisdiction of the land by filing therein a

petition for review within 10 days from the receipt of the order of

the State Engineer overruling the objections. The proceedings on the

petition must be informal and heard by the court at the earliest

possible moment.

5. Upon the landowner’s waiver of objections to the removal of

beaver from his land, or upon final determination by the court that

the beaver should be removed, the State Engineer shall immediately

notify the [Division of Wildlife] Department of Wildlife of the

waiver or determination and the [Division] Department or its agents

shall enter upon the land from which the beaver are to be removed

and remove them or as many as may be necessary to prevent the

improper flow of water as directed by the State Engineer.

6. The State Engineer may remove or cause the removal of any

beaver dam found to be obstructing the proper and necessary flow of

water to the detriment of water users.

Sec. 168. NRS 561.301 is hereby amended to read as follows:

561.301 Aquatic agriculture, which includes the propagation,

cultivation and harvesting of plants indigenous to water in a

controlled or selected aquatic environment for the commercial

production of food, is one of the agricultural enterprises conducted

in this state. The Department shall promote, protect and regulate

aquatic agriculture to the extent that the Department is authorized to

regulate other forms of agriculture and other agricultural products.

The Department shall confer with the [Division of Wildlife of the

State] Department of [Conservation and Natural Resources] Wildlife

regarding aquatic agriculture to prevent any adverse effects on

existing aquatic animals.

Sec. 169. NRS 571.120 is hereby amended to read as follows:

571.120 1. The Department shall do all things necessary for

the control and eradication of infectious, contagious or parasitic

diseases of livestock.

2. The Director shall cooperate with the [Administrator]

Director of the [Division of Wildlife of the State] Department of

[Conservation and Natural Resources] Wildlife in a program to

prevent the spread of communicable diseases in livestock and

wildlife in this state.

3. As used in this section, “wildlife” has the meaning ascribed

to it in NRS 501.097.

Sec. 170. NRS 576.129 is hereby amended to read as follows:

576.129 1. It is unlawful for any person to import, possess or

propagate any alternative livestock unless he first obtains from the

State Board of Agriculture a permit that authorizes him to do so.

2. The State Board of Agriculture shall adopt regulations for

the importation, possession and propagation of alternative livestock.

The regulations must set forth requirements for:

(a) Facilities used to confine alternative livestock, including

minimum requirements for fencing to prevent the escape of

alternative livestock.

(b) The genetic testing of alternative livestock.

transfer, possession and propagation of alternative livestock.

(d) Identifying and marking alternative livestock.

(e) Marketing alternative livestock.

(f) The filing of any bonds which may be required by the State

Board of Agriculture.

3. In adopting the regulations required by subsection 2, the

State Board of Agriculture shall consult with the [Division of

Wildlife of the State] Department of [Conservation and Natural

Resources] Wildlife and the Board of Wildlife Commissioners

concerning the provisions that are necessary to protect wildlife in

this state and in the areas designated as areas of special concern by

the Board of Wildlife Commissioners pursuant to NRS 501.181.

4. The State Board of Agriculture shall establish by regulation

a schedule of fees required to be paid for a permit issued pursuant to

this section. The fees established must not exceed the approximate

cost to the Board of carrying out the provisions of this section.

Sec. 171. NRS 576.131 is hereby amended to read as follows:

576.131 1. An owner of alternative livestock may request

assistance from the State Department[, the Division of Wildlife of

the State] of Agriculture, the Department of [Conservation and

Natural Resources] Wildlife and local law enforcement agencies to

recapture any alternative livestock that has escaped from

confinement.

2. Any alternative livestock that is recaptured may be

impounded at a suitable facility until sufficient repairs or

improvements are made to the owner’s facility to ensure that the

escape of the alternative livestock does not recur.

3. The owner of the alternative livestock is liable for:

(a) The costs incurred by the State Department[, the Division of

Wildlife of the State] of Agriculture, the Department of

[Conservation and Natural Resources] Wildlife and any local law

enforcement agency to recapture the alternative livestock;

(b) The costs of impounding the alternative livestock; and

escape.

Sec. 172. NRS 232.138, 488.700, 488.710, 488.720, 501.002

and 501.027 are hereby repealed.

Sec. 173. The Legislative Counsel shall:

1. In preparing the reprint and supplements to the Nevada

Revised Statutes, with respect to any section that is not amended by

this act or is further amended by another act, appropriately change

any reference to:

(a) “Division of Wildlife” to “Department of Wildlife”; and

(b) Any other agency or any officer whose name is changed or

whose responsibilities have been transferred pursuant to the

provisions of this act to refer to the appropriate agency or officer.

2. In preparing supplements to the Nevada Administrative

Code, appropriately change any reference to:

(a) “Division of Wildlife” to “Department of Wildlife”; and

(b) Any other agency or any officer whose name is changed or

whose responsibilities have been transferred pursuant to the

provisions of this act to refer to the appropriate agency or officer.

Sec. 174. This act becomes effective on July 1, 2003.

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