Assembly Bill No. 72–Committee on Natural Resources, Agriculture, and Mining

 

(On Behalf of the Board of Wildlife Commissioners)

 

February 10, 2003

____________

 

Referred to Committee on Natural Resources,
Agriculture, and Mining

 

SUMMARY—Converts Division of Wildlife of State Department of Conservation and Natural Resources into Department of Wildlife. (BDR 45‑477)

 

FISCAL NOTE:  Effect on Local Government: No.

                           Effect on the State: Yes.

 

~

 

EXPLANATION – Matter in bolded italics is new; matter between brackets [omitted material] is material to be omitted.

 

AN ACT relating to wildlife; converting the Division of Wildlife of the State Department of Conservation and Natural Resources into the Department of Wildlife; requiring approval of the proposed budget of the Department by the Board of Wildlife Commissioners; and providing other matters properly relating thereto.

 

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

 

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

1-2  thereto the provisions set forth as sections 2 and 3 of this act.

1-3  Sec. 2.  As used in this title, “Department” means the

1-4  Department of Wildlife.

1-5  Sec. 3.  As used in this title, “Director” means the Director of

1-6  the Department.

1-7  Sec. 4.  NRS 501.047 is hereby amended to read as follows:

1-8  501.047  As used in this title, “game warden” means any person

1-9  authorized by the [Administrator] Director to enforce the provisions

1-10  of this title and of chapter 488 of NRS.

 

2-1  Sec. 5.  NRS 501.119 is hereby amended to read as follows:

2-2  501.119  1.  The [Division] Department is authorized to

2-3  determine methods of obtaining necessary data from hunters,

2-4  trappers and fishermen relative to their activities and success.

2-5  2.  The methods may include return of reports attached to

2-6  licenses and tags or questionnaires addressed to license holders.

2-7  3.  Failure to return such a report or questionnaire within the

2-8  period specified by regulation of the Commission or the submission

2-9  of any false statement thereon is cause for the Commission to:

2-10      (a) Deny the person the right to acquire any license provided

2-11  under this title for a period of 1 year; or

2-12      (b) Levy an administrative fine of $50 against the person.

2-13      4.  Any statement made on such a report or questionnaire may

2-14  not be the basis for prosecution for any indicated violations of other

2-15  sections of this title.

2-16      Sec. 6.  NRS 501.181 is hereby amended to read as follows:

2-17      501.181  The Commission shall:

2-18      1.  Establish broad policies for:

2-19      (a) The protection, propagation, restoration, transplanting,

2-20  introduction and management of wildlife in this state.

2-21      (b) The promotion of the safety of persons using or property

2-22  used in the operation of vessels on the waters of this state.

2-23      (c) The promotion of uniformity of laws relating to policy

2-24  matters.

2-25      2.  Guide the [Division] Department in its administration and

2-26  enforcement of the provisions of this title and of chapter 488 of

2-27  NRS by the establishment of such policies.

2-28      3.  Establish policies for areas of interest including:

2-29      (a) The management of big and small game mammals, upland

2-30  and migratory game birds, fur-bearing mammals, game fish,

2-31  and protected and unprotected mammals, birds, fish, reptiles and

2-32  amphibians.

2-33      (b) The control of wildlife depredations.

2-34      (c) The acquisition of lands, water rights and easements

2-35  and other property for the management, propagation, protection and

2-36  restoration of wildlife.

2-37      (d) The entry, access to, and occupancy and use of such

2-38  property, including leases of grazing rights, sales of agricultural

2-39  products and requests by the [Administrator] Director to the State

2-40  Land Registrar for the sale of timber if the sale does not interfere

2-41  with the use of the property on which the timber is located for

2-42  wildlife management or for hunting or fishing thereon.

2-43      (e) The control of nonresident hunters.

2-44      (f) The introduction, transplanting or exporting of wildlife.

3-1  (g) Cooperation with federal, state and local agencies on wildlife

3-2  and boating programs.

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

3-4  person who is convicted of a violation of any provision of this title

3-5  or any regulation adopted pursuant thereto.

3-6  4.  Establish regulations necessary to carry out the provisions of

3-7  this title and of chapter 488 of NRS, including:

3-8  (a) Regular and special seasons for hunting game mammals and

3-9  game birds, for hunting or trapping fur-bearing mammals and for

3-10  fishing, the daily and possession limits, the manner and means of

3-11  taking wildlife, including, but not limited to, the sex, size or other

3-12  physical differentiation for each species, and, when necessary for

3-13  management purposes, the emergency closing or extending of a

3-14  season, reducing or increasing of the bag or possession limits on a

3-15  species, or the closing of any area to hunting, fishing or trapping.

3-16  The regulations must be established after first considering the

3-17  recommendations of the [Division,] Department, the county

3-18  advisory boards to manage wildlife and others who wish to present

3-19  their views at an open meeting. Any regulations relating to the

3-20  closure of a season must be based upon scientific data concerning

3-21  the management of wildlife. The data upon which the regulations

3-22  are based must be collected or developed by the [Division.]

3-23  Department.

3-24      (b) The manner of using, attaching, filling out, punching,

3-25  inspecting, validating or reporting tags.

3-26      (c) The delineation of game management units embracing

3-27  contiguous territory located in more than one county, irrespective of

3-28  county boundary lines.

3-29      (d) The number of licenses issued to nonresidents for big game

3-30  and, if necessary, other game species for the regular and special

3-31  seasons.

3-32      5.  Adopt regulations requiring the [Division] Department to

3-33  make public, before official delivery, its proposed responses to any

3-34  requests by federal agencies for its comment on drafts of statements

3-35  concerning the environmental effect of proposed actions or

3-36  regulations affecting public lands.

3-37      6.  Adopt regulations:

3-38      (a) Governing the provisions of the permit required by NRS

3-39  502.390 and for the issuance, renewal and revocation of such a

3-40  permit.

3-41      (b) Establishing the method for determining the amount of an

3-42  assessment and the time and manner of payment, necessary for the

3-43  collection of the assessment required by NRS 502.390.

3-44      7.  Designate those portions of wildlife management areas for

3-45  big game mammals that are of special concern for the regulation of

4-1  the importation, possession and propagation of alternative livestock

4-2  pursuant to NRS 576.129.

4-3  Sec. 7.  NRS 501.1812 is hereby amended to read as follows:

4-4  501.1812  As used in NRS 501.1812 to 501.1818, inclusive,

4-5  unless the context otherwise requires:

4-6  1.  “License” means a license or tag issued by the [Division]

4-7  Department for:

4-8  (a) Recreational hunting or fishing; or

4-9  (b) Taking fur-bearing mammals, trapping unprotected

4-10  mammals or selling raw furs for profit.

4-11      2.  “Permit” means a permit issued by the [Division]

4-12  Department for recreational hunting or fishing.

4-13      3.  “Wildlife conviction” means a conviction obtained in any

4-14  court of competent jurisdiction in this state, including, without

4-15  limitation, a conviction obtained upon a plea of nolo contendere or

4-16  upon a forfeiture of bail not vacated in any such court, for a

4-17  violation of:

4-18      (a) A provision of this title or any regulation adopted pursuant to

4-19  this title other than a provision of NRS 502.370, 502.390, 503.185,

4-20  503.310 or 504.295 to 504.390, inclusive; or

4-21      (b) A provision of the Lacey Act Amendment of 1981, Public

4-22  Law 97-79, if the violation of that provision is based on a violation

4-23  of a law or regulation of this state.

4-24      Sec. 8.  NRS 501.1814 is hereby amended to read as follows:

4-25      501.1814  1.  The Commission shall establish and the

4-26  [Division] Department shall administer and enforce a system of

4-27  assessing demerit points for wildlife convictions. The system must

4-28  be uniform in its operation.

4-29      2.  Pursuant to the schedule of demerit points established by

4-30  regulation of the Commission for each wildlife conviction occurring

4-31  within this state affecting any holder of a license, permit or privilege

4-32  issued pursuant to this title, the [Division] Department shall assess

4-33  demerit points for the 60-month period preceding a person’s most

4-34  recent wildlife conviction. Sixty months after the date of the

4-35  conviction, the demerit points for that conviction must be deleted

4-36  from the total demerit points accumulated by that person. The date

4-37  of the violation shall be deemed the date on which accumulated

4-38  demerit points must be assessed. If a conviction of two or more

4-39  wildlife violations committed at a single event is obtained, demerit

4-40  points must be assessed for the offense having the greater number of

4-41  demerit points.

4-42      Sec. 9.  NRS 501.1816 is hereby amended to read as follows:

4-43      501.1816  1.  If a person accumulates 6 or more demerit

4-44  points, but less than 12, the [Division] Department shall notify him

4-45  of that fact by certified mail. If, after the [Division] Department

5-1  mails the notice, the person presents proof to the [Division]

5-2  Department that he has, after his most recent wildlife conviction,

5-3  successfully completed a course of instruction in the responsibilities

5-4  of hunters approved by the [Division, the Division] Department, the

5-5  Department shall deduct 4 demerit points from his record. A person

5-6  may attend a course of instruction in the responsibilities of hunters

5-7  only once in 60 months for the purpose of reducing his demerit

5-8  points.

5-9  2.  If a person accumulates 12 or more demerit points before

5-10  completing a course of instruction pursuant to subsection 1, the

5-11  [Division] Department shall suspend or revoke any license, permit

5-12  or privilege issued to him pursuant to this title.

5-13      3.  Not later than 60 days after the [Division] Department

5-14  determines that a person has accumulated 12 demerit points, the

5-15  [Division] Department shall notify the person by certified mail that

5-16  his privileges will be suspended or revoked. Except as otherwise

5-17  provided in subsection 4, the [Division] Department shall suspend

5-18  or revoke those privileges 30 days after it mails the notice.

5-19      4.  Any person who receives the notice required by subsection 3

5-20  may submit to the [Division] Department a written request for a

5-21  hearing before the Commission not later than 30 days after the

5-22  receipt of the notice. If a written request for a hearing is received by

5-23  the [Division:] Department:

5-24      (a) The suspension or revocation of the license, permit or

5-25  privilege is stayed until a determination is made by the Commission

5-26  after the hearing.

5-27      (b) The hearing must be held within 60 days after the request is

5-28  received.

5-29      5.  The periods of suspension or revocation imposed pursuant to

5-30  this section must run concurrently. No license, permit or privilege

5-31  may be suspended or revoked pursuant to this section for more than

5-32  3 years.

5-33      6.  If the [Division] Department suspends or revokes a license,

5-34  permit or privilege pursuant to this section, the period of suspension

5-35  or revocation begins 30 days after notification pursuant to

5-36  subsection 3 or a determination is made by the Commission

5-37  pursuant to subsection 4. After a person’s license, permit or

5-38  privilege is suspended or revoked pursuant to this section, all

5-39  demerit points accumulated by that person must be canceled.

5-40      Sec. 10.  NRS 501.1817 is hereby amended to read as follows:

5-41      501.1817  Any person whose license, permit or privilege has

5-42  been suspended or revoked by the [Division] Department pursuant

5-43  to NRS 501.1816 is entitled to judicial review of the decision in the

5-44  manner provided by chapter 233B of NRS.

 

6-1  Sec. 11.  NRS 501.243 is hereby amended to read as follows:

6-2  501.243  1.  The [Division] Department shall execute,

6-3  administer and enforce , and perform the functions and duties

6-4  provided in chapter 488 of NRS.

6-5  2.  The Commission has the power and authority to:

6-6  (a) Promulgate rules and regulations governing the use of waters

6-7  for recreational purposes, which waters are open to the public and

6-8  are not under the direct control of any other state or federal agency

6-9  for recreational use.

6-10      (b) Enter into cooperative agreements with federal, state and

6-11  county agencies having regulatory powers pertaining to the use of

6-12  public waters for recreational purposes for the purpose of

6-13  coordinating such rules and regulations.

6-14      Sec. 12.  NRS 501.310 is hereby amended to read as follows:

6-15      501.310  There is hereby created in each of the counties of this

6-16  state a fund for the advisory board. The fund must be kept in the

6-17  county treasury, and all money received from the [Division]

6-18  Department must be placed in the fund.

6-19      Sec. 13.  NRS 501.320 is hereby amended to read as follows:

6-20      501.320  1.  Annually, not later than May 1, each board shall

6-21  prepare a budget for the period ending June 30 of the following

6-22  year, setting forth in detail its proposed expenditures for carrying

6-23  out its duties as specified in this title within its county, and submit

6-24  the budget to the Commission accompanied by a statement of the

6-25  previous year’s expenditures, certified by the county auditor.

6-26      2.  The Commission shall examine the budget in conjunction

6-27  with the [Administrator] Director or a person designated by him,

6-28  and may increase, decrease, alter or amend the budget.

6-29      3.  Upon approval of the budget, the [Division] Department

6-30  shall transmit a copy of the approved budget to the board, and at the

6-31  same time withdraw from the Wildlife Account within the State

6-32  General Fund and transmit to the board the money required under

6-33  the approved budget for disposition by the board in accordance with

6-34  the approved budget. All money so received must be placed in the

6-35  fund for the advisory board.

6-36      Sec. 14.  NRS 501.331 is hereby amended to read as follows:

6-37      501.331  There is hereby created the [Division of Wildlife of

6-38  the State] Department of [Conservation and Natural Resources,]

6-39  Wildlife which shall administer the wildlife laws of this state and

6-40  chapter 488 of NRS.

6-41      Sec. 15.  NRS 501.333 is hereby amended to read as follows:

6-42      501.333  1.  From among three or more nominees of the

6-43  Commission, the [Director of the State Department of Conservation

6-44  and Natural Resources] Governor shall appoint [an Administrator] a

6-45  Director of the [Division,] Department, who is its Chief

7-1  Administrative Officer. The [Administrator] Director serves at the

7-2  pleasure of the [director.] Governor.

7-3  2.  The [Director] Governor shall select as [Administrator]

7-4  Director a person having an academic degree in the management of

7-5  wildlife or a closely related field, substantial experience in the

7-6  management of wildlife and a demonstrated ability to administer [a

7-7  division of] a major public agency.

7-8  3.  The [Administrator] Director is in the unclassified service of

7-9  the State.

7-10      Sec. 16.  NRS 501.337 is hereby amended to read as follows:

7-11      501.337  The [Administrator] Director shall:

7-12      1.  Carry out the policies and regulations of the Commission.

7-13      2.  Direct and supervise all administrative and operational

7-14  activities of the [Division,] Department, and all programs

7-15  administered by the [Division] Department as provided by law.

7-16  Except as otherwise provided in NRS 284.143, the [Administrator]

7-17  Director shall devote his entire time to the duties of his office and

7-18  shall not follow any other gainful employment or occupation.

7-19      3.  Within such limitations as may be provided by law, organize

7-20  the [Division] Department and, from time to time with the consent

7-21  of the Commission, may alter the organization. The [Administrator]

7-22  Director shall reassign responsibilities and duties as he may deem

7-23  appropriate.

7-24      4.  Appoint or remove such technical, clerical and operational

7-25  staff as the execution of his duties and the operation of the

7-26  [Division] Department may require, and all those employees are

7-27  responsible to him for the proper carrying out of the duties and

7-28  responsibilities of their respective positions. The [Administrator]

7-29  Director shall designate a number of employees as game wardens

7-30  and provide for their training.

7-31      5.  Submit technical and other reports to the Commission as

7-32  may be necessary or as may be requested, which will enable the

7-33  Commission to establish policy and regulations.

7-34      6.  Prepare the biennial budget of the [Division] Department

7-35  consistent with the provisions of this title and chapter 488 of NRS

7-36  and submit it to the Commission for its review and [comment.]

7-37  approval before being submitted to the Chief of the Budget

7-38  Division of the Department of Administration pursuant to

7-39  NRS 353.210.

7-40      7.  Administer real property assigned to the [Division.]

7-41  Department.

7-42      8.  Maintain full control, by proper methods and inventories, of

7-43  all personal property of the State acquired and held for the purposes

7-44  contemplated by this title and by chapter 488 of NRS.

7-45      9.  Act as nonvoting Secretary to the Commission.

8-1  Sec. 17.  NRS 501.339 is hereby amended to read as follows:

8-2  501.339  The [Administrator] Director may:

8-3  1.  In cases of emergency, with the prior approval of the

8-4  Governor, exercise the powers of the Commission until such time as

8-5  the Commission meets or the emergency ends.

8-6  2.  Designate an employee or employees of the [Division]

8-7  Department to act as his deputy or deputies. In the [Administrator’s]

8-8  Director’s absence or inability to discharge the powers and duties of

8-9  his office, the powers and duties devolve upon his deputy or

8-10  deputies.

8-11      3.  Designate persons outside the [Division] Department as

8-12  game wardens if, in his opinion, the need for such designations

8-13  exists.

8-14      Sec. 18.  NRS 501.341 is hereby amended to read as follows:

8-15      501.341  The headquarters of the [Division] Department must

8-16  be maintained at such a location in the State, and other offices may

8-17  be established throughout the State in such number and location, as

8-18  will, in the opinion of the [Administrator] Director and the

8-19  Commission, provide an efficient [divisional] departmental

8-20  operation.

8-21      Sec. 19.  NRS 501.343 is hereby amended to read as follows:

8-22      501.343  The [Division] Department may:

8-23      1.  Collect and disseminate, throughout the State, information

8-24  calculated to educate and benefit the people of the State regarding

8-25  wildlife and boating, and information pertaining to any program

8-26  administered by the [Division.] Department.

8-27      2.  Publish wildlife journals and other official publications, for

8-28  which a specific charge may be made, such charge to be determined

8-29  by the Commission, with the proceeds to be deposited in the

8-30  Wildlife Account within the State General Fund. No charge may be

8-31  made for any publication required by a regulation of the

8-32  Commission.

8-33      Sec. 20.  NRS 501.349 is hereby amended to read as follows:

8-34      501.349  Regular employees and others designated by the

8-35  [Administrator] Director as game wardens shall enforce all

8-36  provisions of this title and of chapter 488 of NRS.

8-37      Sec. 21.  NRS 501.351 is hereby amended to read as follows:

8-38      501.351  1.  The [Administrator] Director may enter into

8-39  cooperative or reciprocal agreements with the Federal Government

8-40  or any agency thereof, any other state or any agency thereof, any

8-41  other agency of this state, any county or other political subdivision

8-42  of this state, to the extent permitted by the provisions of chapter 277

8-43  of NRS, any public or private corporation, or any person, in

8-44  accordance with and for the purpose of carrying out the policy of the

8-45  Commission.

9-1  2.  Such agreements do not relieve any party thereto of any

9-2  liability, independent of such agreements, existing under any

9-3  provision of law.

9-4  Sec. 22.  NRS 501.352 is hereby amended to read as follows:

9-5  501.352  The [Administrator] Director shall require the

9-6  personnel of the [Division] Department to report to him as soon as

9-7  practicable any reasonable suspicion that a communicable disease

9-8  may be present in wildlife in Nevada. The [Administrator] Director

9-9  shall, as soon as possible, inform the Director of the State

9-10  Department of Agriculture of any reasonable suspicion reported to

9-11  him. Any sample collected by the personnel of the [Division]

9-12  Department in evaluating such a suspicion must be forwarded to the

9-13  Director of the State Department of Agriculture as soon as

9-14  practicable.

9-15      Sec. 23.  NRS 501.354 is hereby amended to read as follows:

9-16      501.354  Except as otherwise provided by specific statute, the

9-17  [Division] Department shall receive, deposit and expend all money

9-18  provided by law for the administration of this title and of chapter

9-19  488 of NRS, pursuant to the authority contained in NRS 501.356

9-20  and in accordance with the Commission’s policy.

9-21      Sec. 24.  NRS 501.356 is hereby amended to read as follows:

9-22      501.356  1.  Money received by the [Division] Department

9-23  from:

9-24      (a) The sale of licenses;

9-25      (b) Fees pursuant to the provisions of NRS 488.075 and

9-26  488.1795;

9-27      (c) Remittances from the State Treasurer pursuant to the

9-28  provisions of NRS 365.535;

9-29      (d) Appropriations made by the Legislature; and

9-30      (e) All other sources, except money derived from the forfeiture

9-31  of any property described in NRS 501.3857 or money deposited

9-32  in the Wildlife Heritage Trust Account pursuant to NRS 501.3575

9-33  or in the Trout Management Account pursuant to

9-34  NRS 502.327,

9-35  must be deposited with the State Treasurer for credit to the Wildlife

9-36  Account in the State General Fund.

9-37      2.  The interest and income earned on the money in the Wildlife

9-38  Account, after deducting any applicable charges, must be credited to

9-39  the Account.

9-40      3.  Except as otherwise provided in subsection 4, the [Division]

9-41  Department may use money in the Wildlife Account only to carry

9-42  out the provisions of this title and chapter 488 of NRS and as

9-43  provided in NRS 365.535, and the money must not be diverted to

9-44  any other use.

10-1      4.  Except as otherwise provided in NRS 502.250, 502.310 and

10-2  504.155, all fees for the sale or issuance of stamps, tags, permits and

10-3  licenses that are required to be deposited in the Wildlife Account

10-4  pursuant to the provisions of this title must be accounted for

10-5  separately and may be used only for the management of wildlife.

10-6      Sec. 25.  NRS 501.3575 is hereby amended to read as follows:

10-7      501.3575  1.  The Wildlife Heritage Trust Account is hereby

10-8  created in the State General Fund. The money in the Account must

10-9  be used by the [Division] Department as provided in this section for

10-10  the protection, propagation, restoration, transplantation, introduction

10-11  and management of any game fish, game mammal, game bird or fur-

10-12  bearing mammal in this state.

10-13     2.  Except as otherwise provided in NRS 502.250, money

10-14  received by the [Division] Department from:

10-15     (a) A bid, auction or partnership in wildlife drawing conducted

10-16  pursuant to NRS 502.250; and

10-17     (b) A gift of money made by any person to the Wildlife Heritage

10-18  Trust Account,

10-19  must be deposited with the State Treasurer for credit to the Account.

10-20     3.  The interest and income earned on the money in the Wildlife

10-21  Heritage Trust Account, after deducting any applicable charges,

10-22  must be credited to the Account.

10-23     4.  The [Division] Department may annually expend from the

10-24  Wildlife Heritage Trust Account an amount of money not greater

10-25  than the interest earned on the money in the Account during the

10-26  previous year. The Commission shall review and approve

10-27  expenditures from the Account. No money may be expended from

10-28  the Account without the prior approval of the Commission.

10-29     5.  The Commission shall administer the provisions of this

10-30  section and may adopt any regulations necessary for that purpose.

10-31     Sec. 26.  NRS 501.359 is hereby amended to read as follows:

10-32     501.359  1.  The Wildlife Imprest Account in the amount of

10-33  $15,000 is hereby created for the use of the [Division,] Department,

10-34  subject to the following conditions:

10-35     (a) The money must be deposited in a bank or credit union

10-36  qualified to receive deposits of public money, except that $500 must

10-37  be kept in the custody of an employee designated by the

10-38  [Administrator] Director for immediate use for purposes set forth in

10-39  this section.

10-40     (b) The Account must be replenished periodically from the

10-41  Wildlife Account in the State General Fund upon approval of

10-42  expenditures as required by law and submission of vouchers or other

10-43  documents to indicate payment as may be prescribed.

10-44     2.  The Wildlife Imprest Account may be used to pay for

10-45  postage, C.O.D. packages, travel or other minor expenses which are

11-1  proper as claims for payment from the Wildlife Account in the State

11-2  General Fund.

11-3      3.  The Wildlife Imprest Account may be used to provide

11-4  money to employees of the [Division] Department for travel

11-5  expenses and subsistence allowances arising out of their official

11-6  duties or employment. All advances constitute a lien in favor of the

11-7  [Division] Department upon the accrued wages of the requesting

11-8  employee in an amount equal to the money advanced, but the

11-9  [Administrator] Director may advance more than the amount of the

11-10  accrued wages of the employee. Upon the return of the employee, he

11-11  is entitled to receive money for any authorized expenses and

11-12  subsistence in excess of the amount advanced.

11-13     Sec. 27.  NRS 501.361 is hereby amended to read as follows:

11-14     501.361  A Petty Cash Account in the amount of $1,000 for the

11-15  payment of minor expenses of the [Division] Department is hereby

11-16  created. The Account must be kept in the custody of an employee

11-17  designated by the [Administrator] Director and must be replenished

11-18  periodically from the Wildlife Account in the State General Fund

11-19  upon approval of expenditures as required by law and submission of

11-20  vouchers or other documents to indicate payment as may be

11-21  prescribed.

11-22     Sec. 28.  NRS 501.363 is hereby amended to read as follows:

11-23     501.363  A Change Account in the amount of $3,000 is hereby

11-24  created. The Account must be kept in the custody of one or more

11-25  employees designated by the [Administrator] Director and used for

11-26  the making of change incidental to the business of the [Division.]

11-27  Department.

11-28     Sec. 29.  NRS 501.383 is hereby amended to read as follows:

11-29     501.383  It is unlawful for any person maliciously to tear down,

11-30  mutilate or destroy any sign, signboard or other notice which has

11-31  been erected by the [Division] Department or through an agency of

11-32  the [Division.] Department.

11-33     Sec. 30.  NRS 501.385 is hereby amended to read as follows:

11-34     501.385  Except as otherwise provided by specific statute:

11-35     1.  Any person who:

11-36     (a) Performs an act or attempts to perform an act made unlawful

11-37  or prohibited by a provision of this title;

11-38     (b) Willfully fails to perform an act required of him by a

11-39  provision of this title;

11-40     (c) Obstructs, hinders, delays or otherwise interferes with any

11-41  officer, employee or agent of the [Division] Department in the

11-42  performance of any duty while enforcing or attempting to enforce

11-43  any provision of this title;

11-44     (d) Violates any order issued or regulation adopted by the

11-45  Commission under the provisions of this title; or

12-1      (e) Having been granted a privilege or been licensed or

12-2  permitted to do any act under the provisions of this title,

12-3  exercises the grant, license or permit in a manner other than as

12-4  specified,

12-5  is guilty of a misdemeanor.

12-6      2.  Every person who is guilty of a misdemeanor under this title

12-7  shall be punished by a fine of not less than $50 nor more than $500,

12-8  or by imprisonment in the county jail for not more than 6 months, or

12-9  by both fine and imprisonment.

12-10     Sec. 31.  NRS 501.3855 is hereby amended to read as follows:

12-11     501.3855  1.  In addition to the penalties provided for the

12-12  violation of any of the provisions of this title, every person who

12-13  unlawfully kills or possesses a big game mammal, bobcat, swan or

12-14  eagle is liable for a civil penalty of not less than $250 nor more than

12-15  $5,000.

12-16     2.  For the unlawful killing or possession of fish or wildlife not

12-17  included in subsection 1, the court may order the defendant to pay a

12-18  civil penalty of not less than $25 nor more than $1,000.

12-19     3.  For hunting, fishing or trapping without a valid license, tag

12-20  or permit, the court may order the defendant to pay a civil penalty of

12-21  not less than $50 nor more than $250.

12-22     4.  Every court, before whom a defendant is convicted of

12-23  unlawfully killing or possessing any wildlife, shall order the

12-24  defendant to pay the civil penalty in the amount stated in this section

12-25  for each mammal, bird or fish unlawfully killed or possessed. The

12-26  court shall fix the manner and time of payment.

12-27     5.  The [Division] Department may attempt to collect all

12-28  penalties and installments that are in default in any manner provided

12-29  by law for the enforcement of a judgment.

12-30     6.  Each court that receives money pursuant to the provisions of

12-31  this section shall forthwith remit the money to the [Division]

12-32  Department which shall deposit the money with the State Treasurer

12-33  for credit to the Wildlife Account in the State General Fund.

12-34     Sec. 32.  NRS 501.389 is hereby amended to read as follows:

12-35     501.389  1.  Except for property described in NRS 501.3857,

12-36  equipment:

12-37     (a) Seized as evidence in accordance with NRS 501.375; and

12-38     (b) Not recovered by the owner within 1 year from the date of

12-39  seizure,

12-40  becomes the property of the [Division.] Department.

12-41     2.  The [Division] Department shall either sell such equipment

12-42  in accordance with the regulations adopted pursuant to subsection 5

12-43  of NRS 333.220 or retain such equipment for authorized use by the

12-44  [Division.] Department. All money received from such sales must

13-1  be deposited with the State Treasurer for credit to the Wildlife

13-2  Account in the State General Fund.

13-3      3.  Any person of lawful age and lawfully entitled to reside in

13-4  the United States may purchase the equipment, whether a prior

13-5  owner or not.

13-6      Sec. 33.  NRS 501.395 is hereby amended to read as follows:

13-7      501.395  1.  The [Division] Department may offer a reward

13-8  for one or more classes of wildlife, not to exceed $1,000, for

13-9  information leading to the arrest and conviction of any person who

13-10  unlawfully kills or possesses wildlife of the class specified. The

13-11  reward must be paid for each person so arrested and convicted upon

13-12  his conviction. The reward must be distributed equally among the

13-13  persons who supplied the information which led to the arrest and

13-14  conviction.

13-15     2.  The Commission may adopt such regulations as are

13-16  necessary to carry out the provisions of this section.

13-17     Sec. 34.  NRS 502.012 is hereby amended to read as follows:

13-18     502.012  Upon receipt of a copy of an order of the juvenile

13-19  division of a district court, entered pursuant to NRS 62.229, to

13-20  revoke the license to hunt of a child, the [Division] Department

13-21  shall revoke the license. The revocation of the license to hunt shall

13-22  be deemed effective as of the date of the order. The [Division]

13-23  Department shall retain the copy of the order.

13-24     Sec. 35.  NRS 502.015 is hereby amended to read as follows:

13-25     502.015  1.  For the purpose of issuing and using resident

13-26  licenses, tags or permits pursuant to this chapter, a person is

13-27  considered to be a resident of the State of Nevada if:

13-28     (a) He is a citizen of, or is lawfully entitled to remain in, the

13-29  United States; and

13-30     (b) During the 6 months next preceding his application to the

13-31  [Division] Department for a license, tag or permit, he:

13-32         (1) Was domiciled in this state;

13-33         (2) Was physically present in this state, except for temporary

13-34  absences; and

13-35         (3) Did not purchase or apply for any resident license, tag or

13-36  permit to hunt, fish or trap in another state, country or province.

13-37     2.  A person who is not domiciled in Nevada but who is

13-38  attending an institution of higher learning in this state as a full-time

13-39  student is eligible for a resident license, tag or permit if, during the 6

13-40  months next preceding his application to the [Division] Department

13-41  for a license, tag or permit, he:

13-42     (a) Was physically present in Nevada, except for temporary trips

13-43  outside of the State; and

13-44     (b) Did not purchase or apply for any resident license, tag or

13-45  permit to hunt, fish or trap in another state, country or province.

14-1      3.  A resident license, tag or permit issued by this state is void if

14-2  the person to whom it was issued establishes his domicile in and

14-3  obtains any privilege or entitlement conditional on residency from

14-4  another state, country or province.

14-5      Sec. 36.  NRS 502.020 is hereby amended to read as follows:

14-6      502.020  The [Division] Department shall prepare the licenses

14-7  for hunting, fishing and trapping, and shall deliver such licenses to

14-8  agents for sale to the public.

14-9      Sec. 37.  NRS 502.030 is hereby amended to read as follows:

14-10     502.030  1.  Licenses granting the privilege to hunt, fish or

14-11  trap as provided in this title must be of such a form as is deemed

14-12  necessary by the [Division,] Department, but must include the

14-13  following information:

14-14     (a) The holder’s name, address and description.

14-15     (b) The date issued.

14-16     (c) The period of validity.

14-17     (d) The correct designation as to whether a fishing, hunting or

14-18  trapping license.

14-19     (e) A statement to be signed by the holder: “I, the signator

14-20  holder in signing this license, hereby state that I am entitled to this

14-21  license under the laws of the State of Nevada and that no false

14-22  statement has been made by me to obtain this license.”

14-23     2.  The Commission may provide rules and regulations

14-24  requiring an applicant to exhibit proof of his identity and residence.

14-25  Such information must be included on the license as is deemed

14-26  necessary by the [Division.] Department.

14-27     3.  The Commission may provide rules and regulations

14-28  establishing a permanent licensing system. Such a system may

14-29  authorize the use of applications for the issuance of temporary

14-30  hunting, fishing and trapping licenses for residents and the issuance

14-31  of annual licenses therefrom. The system may provide for the

14-32  automatic renewal and validation of the annual license.

14-33     4.  The Commission may provide regulations covering the

14-34  method of applying for, the term and expiration date of any license

14-35  required by this title to be issued without the payment of a fee.

14-36     Sec. 38.  NRS 502.035 is hereby amended to read as follows:

14-37     502.035  Licenses, stamps and permits granting the privilege to

14-38  hunt, fish or trap during the open season as provided in this title

14-39  must be issued by the [Division,] Department, upon payment of the

14-40  fees required under this title.

14-41     Sec. 39.  NRS 502.040 is hereby amended to read as follows:

14-42     502.040  1.  The Commission shall adopt regulations

14-43  regarding:

14-44     (a) The standards to be met by license agents in the performance

14-45  of their duties;

15-1      (b) The requirements for the furnishing of surety bonds by

15-2  license agents;

15-3      (c) The manner of remitting money to the [Division;]

15-4  Department; and

15-5      (d) The manner of accounting for licenses, tags, stamps and

15-6  permits received, issued, sold or returned.

15-7  A license agent’s authority may be revoked by the [Division]

15-8  Department for his failure to abide by the regulations of the

15-9  Commission. The agent may appeal to the Commission for

15-10  reinstatement.

15-11     2.  A license agent designated by the [Division] Department is

15-12  responsible for the correct issuance of all licenses, tags, stamps and

15-13  permits entrusted to him, and, so far as he is able, for ensuring that

15-14  no licenses are issued upon the false statement of an applicant.

15-15  Before issuing any license, the license agent shall satisfy himself of

15-16  the identity of the applicant and the place of his residence, and may

15-17  require any applicant to present proof of his identity and residence.

15-18     3.  A license agent is responsible to the [Division] Department

15-19  for the collection of the correct and required fee, for the

15-20  safeguarding of the money collected by him, and for the prompt

15-21  remission to the [Division] Department for deposit in accordance

15-22  with NRS 501.356 of all money collected. The [Division]

15-23  Department shall furnish to the license agent receipts for all money

15-24  which he remits to it. A license agent shall furnish a receipt to the

15-25  [Division] Department of all licenses, tags, stamps or permits which

15-26  he receives from it.

15-27     4.  For each license, tag, stamp or permit he sells, a license

15-28  agent is entitled to receive a service fee of:

15-29     (a) One dollar for each license, tag or permit, in addition to the

15-30  fee for the license, tag or permit; and

15-31     (b) Ten cents for each stamp.

15-32     5.  Any person authorized to enforce this chapter may inspect,

15-33  during the license agent’s normal business hours, any record or

15-34  document of the agent relating to the issuance of any such license,

15-35  tag or permit.

15-36     6.  All money collected by a license agent, except service fees

15-37  collected pursuant to subsection 4, is public money of the State of

15-38  Nevada, and the State has a prior claim for the amount of money

15-39  due it upon all assets of the agent over all creditors, assignees or

15-40  other claimants. The use of this money for private or business

15-41  transactions is a misuse of public funds and punishable under the

15-42  laws provided.

15-43     Sec. 40.  NRS 502.063 is hereby amended to read as follows:

15-44     502.063  The [Division] Department shall, upon request of the

15-45  Welfare Division of the Department of Human Resources, submit to

16-1  the Welfare Division the name, address and social security number

16-2  of each person who holds a license or permit to hunt, fish or trap

16-3  that does not expire less than 6 months after it is issued, or a license

16-4  to practice commercial taxidermy, and any pertinent changes in that

16-5  information.

16-6      Sec. 41.  NRS 502.070 is hereby amended to read as follows:

16-7      502.070  1.  The [Division] Department shall issue to any

16-8  member of the Armed Forces of the United States who has been

16-9  assigned to permanent duty, as opposed to temporary or casual duty,

16-10  within the State of Nevada all necessary hunting or fishing licenses,

16-11  tags or permits for fishing, hunting or trapping in the State of

16-12  Nevada. A like privilege must be extended to spouses and

16-13  dependents, under the age of 21, of such members of the Armed

16-14  Forces. All such licenses, tags or permits must be issued on the

16-15  same terms and conditions and at the same costs as licenses, tags or

16-16  permits are issued to Nevada residents, except that the 6 months’

16-17  residence requirement must be waived.

16-18     2.  The issuance of all such licenses, tags and permits must be

16-19  made by application upon a form provided for that purpose by the

16-20  [Division.] Department. The application must include such proof of

16-21  assignment to permanent duty within the State of Nevada as may be

16-22  deemed necessary by the [Division] Department to determine

16-23  whether or not an applicant is actually so assigned.

16-24     Sec. 42.  NRS 502.072 is hereby amended to read as follows:

16-25     502.072  The [Division] Department shall issue without charge

16-26  any license authorized under the provisions of this chapter, upon

16-27  satisfactory proof of the requisite facts to any bona fide resident of

16-28  the State of Nevada who has incurred a service-connected disability

16-29  which is considered to be 50 percent or more by the Department of

16-30  Veterans Affairs and has received upon severance from service an

16-31  honorable discharge or certificate of satisfactory service from the

16-32  Armed Forces of the United States.

16-33     Sec. 43.  NRS 502.075 is hereby amended to read as follows:

16-34     502.075  The [Division] Department shall issue to a blind

16-35  person, as defined in subsection 4 of NRS 361.085, a hunting

16-36  license which:

16-37     1.  Authorizes a person selected by the blind person to hunt on

16-38  his behalf if:

16-39     (a) The person selected is a resident of the State of Nevada and

16-40  possesses a valid Nevada hunting license; and

16-41     (b) The blind person is in the company of or in the immediate

16-42  area of the person selected.

16-43     2.  Is issued pursuant and subject to regulations prescribed by

16-44  the Commission.

16-45     3.  Contains the word “Blind” printed on the face of the license.

17-1      Sec. 44.  NRS 502.077 is hereby amended to read as follows:

17-2      502.077  1.  The [Division] Department shall issue special

17-3  fishing permits to the administrative head of:

17-4      (a) Northern Nevada Adult Mental Health Services;

17-5      (b) Southern Nevada Adult Mental Health Services;

17-6      (c) The Northern Nevada Children’s Home;

17-7      (d) The Southern Nevada Children’s Home;

17-8      (e) The Nevada Youth Training Center;

17-9      (f) The Caliente Youth Center;

17-10     (g) The Spring Mountain Youth Camp;

17-11     (h) The China Spring Youth Camp;

17-12     (i) Any facility which provides temporary foster care for

17-13  children who are not delinquent; and

17-14     (j) Such other public or charitable institutions or

17-15  organizations as are designated by regulations adopted by the

17-16  Commission,

17-17  for use only by the members, patients or children of such institutions

17-18  or organizations.

17-19     2.  The permits:

17-20     (a) Must be in the possession of the officer or employee who is

17-21  supervising a member, patient or child while he is fishing.

17-22     (b) Authorize a member, patient or child to fish in a legal

17-23  manner if in the company of an officer or employee of one of the

17-24  institutions listed in this section, or of an organization provided for

17-25  by regulation, if the officer or employee has a valid Nevada fishing

17-26  license.

17-27     (c) Must be issued pursuant and subject to regulations

17-28  prescribed by the Commission.

17-29     (d) Must contain the words “Nevada Special Fishing Permit”

17-30  and the number of the permit printed on the face of the permit.

17-31     (e) May authorize no more than 15 members, patients or

17-32  children, respectively, to fish.

17-33     3.  Each institution or organization shall pay to the [Division]

17-34  Department an annual fee of $15 for each permit issued to the

17-35  institution or organization pursuant to this section. The [Division]

17-36  Department shall not issue more than two permits per year to each

17-37  institution or organization.

17-38     4.  It is unlawful for any person other than a member, patient or

17-39  child in one of these organizations or institutions to fish with a

17-40  permit issued by the [Division] Department pursuant to this section.

17-41     Sec. 45.  NRS 502.115 is hereby amended to read as follows:

17-42     502.115  1.  If the [Division] Department receives a copy of a

17-43  court order issued pursuant to NRS 425.540 that provides for the

17-44  suspension of all professional, occupational and recreational

17-45  licenses, certificates and permits issued to a person who is the

18-1  holder of a license or permit to hunt, fish or trap that does not expire

18-2  less than 6 months after it is issued, or a license to practice

18-3  commercial taxidermy, the [Division] Department shall deem the

18-4  license or permit issued to that person to be suspended at the end of

18-5  the 30th day after the date on which the court order was issued

18-6  unless the [Division] Department receives a letter issued to the

18-7  holder of the license or permit by the district attorney or other public

18-8  agency pursuant to NRS 425.550 stating that the holder of the

18-9  license or permit has complied with the subpoena or warrant or has

18-10  satisfied the arrearage pursuant to NRS 425.560.

18-11     2.  The [Division] Department shall reinstate a license or

18-12  permit to hunt, fish or trap or a license to practice commercial

18-13  taxidermy that has been suspended by a district court pursuant to

18-14  NRS 425.540 if the [Division] Department receives a letter issued

18-15  by the district attorney or other public agency pursuant to NRS

18-16  425.550 to the person whose license or permit was suspended

18-17  stating that the person whose permit or license was suspended has

18-18  complied with the subpoena or warrant or has satisfied the arrearage

18-19  pursuant to NRS 425.560.

18-20     Sec. 46.  NRS 502.142 is hereby amended to read as follows:

18-21     502.142  1.  The Commission shall adopt regulations to

18-22  establish a program pursuant to which the [Division] Department

18-23  will issue special incentive elk tags. The regulations must:

18-24     (a) Set forth the application and annual review processes for the

18-25  issuance of special incentive elk tags.

18-26     (b) Require that an application for a special incentive elk tag

18-27  must be accompanied by:

18-28         (1) The fee charged for an elk tag pursuant to NRS 502.250;

18-29  and

18-30         (2) Any administrative fee charged in connection with the

18-31  issuance of an elk tag pursuant to this chapter.

18-32     (c) Provide for the issuance of a special incentive elk tag only to

18-33  a person who:

18-34         (1) Lawfully owns, leases or manages private land within an

18-35  actual elk use area; and

18-36         (2) If that private land blocks reasonable access to adjacent

18-37  public land, provides reasonable access through the private land to

18-38  allow a person or hunting party possessing a valid elk tag to hunt elk

18-39  on the adjacent public land.

18-40     (d) Establish criteria for the issuance of special incentive elk

18-41  tags based upon:

18-42         (1) The number of elk using private land controlled by the

18-43  applicant;

18-44         (2) The number of days the elk use private lands of the

18-45  applicant in a calendar year;

19-1          (3) The total number of elk; and

19-2          (4) Limiting the number of special incentive elk tags issued

19-3  in each calendar year to not more than one-half of the bull elk tags

19-4  issued in that calendar year,

19-5  within the actual elk use area in the unit or units of the management

19-6  area or areas in which the private land is located.

19-7      (e) Provide that special incentive elk tags are valid for both

19-8  sexes of elk.

19-9      (f) Prohibit a person who has, within a particular calendar year,

19-10  applied for or received compensation pursuant to NRS 504.165 as

19-11  reimbursement for damage caused by elk to private land from

19-12  applying, within the same calendar year, for a special incentive elk

19-13  tag for the same private land.

19-14     (g) Allow a group of owners, lessees and managers of private

19-15  land to qualify for a special incentive elk tag for their combined

19-16  lands.

19-17     (h) Ensure that the issuance of special incentive elk tags will not

19-18  result in the number of bull elk tags issued in any year being

19-19  reduced to a number below the quota for bull elk tags established by

19-20  the Commission for 1997.

19-21     (i) Provide that a person to whom a special incentive elk tag is

19-22  issued by the Commission pursuant to this section may:

19-23         (1) If he holds a valid hunting license issued by this state, use

19-24  the special incentive elk tag himself; or

19-25         (2) Sell the special incentive elk tag to another person who

19-26  holds a valid hunting license issued by this state at any price upon

19-27  which the parties mutually agree.

19-28     (j) Require that a person who is issued a special incentive elk tag

19-29  must hunt:

19-30         (1) During the open season for elk.

19-31         (2) In the unit or units within the management area or areas

19-32  in which the private land is located.

19-33     (k) Provide for the appointment of an arbitration panel to resolve

19-34  disputes between persons who apply for special incentive elk tags

19-35  and the [Division] Department regarding the issuance of such tags.

19-36     2.  As used in this section, “actual elk use area” means an area

19-37  in which elk live, as identified and designated by the [Division.]

19-38  Department.

19-39     Sec. 47.  NRS 502.143 is hereby amended to read as follows:

19-40     502.143  1.  The Commission may adopt regulations

19-41  establishing a program pursuant to which the [Division] Department

19-42  may issue special incentive deer tags to owners, lessees and

19-43  managers of private land in this state for use on the private land of

19-44  such owners, lessees or managers.

19-45     2.  The regulations must:

20-1      (a) Require that the owner, lessee or manager who is lawfully in

20-2  control of private land must, before he is issued a special incentive

20-3  deer tag:

20-4          (1) Allow the hunting and viewing of wildlife on his land by

20-5  the general public; or

20-6          (2) Enter into a cooperative agreement with the [Division]

20-7  Department to improve deer or other wildlife habitat on his land.

20-8      (b) Allow the owner, lessee or manager to sell any special

20-9  incentive deer tag that he is issued pursuant to the program.

20-10     Sec. 48.  NRS 502.145 is hereby amended to read as follows:

20-11     502.145  1.  An owner, lessee or manager of private land in

20-12  this state may apply to the [Division] Department for the issuance

20-13  to him of one or more deer or antelope tags as provided in this

20-14  section. The tags must be issued as compensation for damage caused

20-15  by deer or antelope to the private land or to any improvements

20-16  thereon.

20-17     2.  An application made pursuant to this section must:

20-18     (a) Be made in the form prescribed by the [Division;]

20-19  Department;

20-20     (b) Establish to the satisfaction of the [Division] Department

20-21  that the applicant has sustained damage of the kind described in

20-22  subsection 1; and

20-23     (c) Be accompanied by the fee charged for the tags pursuant to

20-24  NRS 502.250 and any fee charged for administrative costs.

20-25     3.  The [Division] Department shall review the application,

20-26  may conduct any investigation it deems appropriate and, if it

20-27  approves the application, shall issue to the applicant not more than

20-28  one tag for each 50 animals present on the private land owned,

20-29  leased or managed by the applicant. Both deer and antelope tags

20-30  may be issued to an applicant.

20-31     4.  A tag issued as compensation for damage pursuant to this

20-32  section:

20-33     (a) May be used by the owner, lessee or manager of the private

20-34  land if he holds a valid Nevada hunting license, or may be sold by

20-35  that person to any holder of a valid Nevada hunting license at any

20-36  price mutually agreed upon;

20-37     (b) Except as otherwise provided in subparagraph (2) of

20-38  paragraph (c) , [of this subsection,] must be used on the private land

20-39  or in the unit or units within the management area or areas in which

20-40  the private land is located; and

20-41     (c) May only be used during:

20-42         (1) The open season for the species for which the tag is

20-43  issued; or

20-44         (2) A special season prescribed by regulation of the

20-45  Commission for the use of such tags only on the private land.

21-1      5.  As a condition of receiving a tag from the [Division]

21-2  Department pursuant to this section, an owner, lessee or manager

21-3  who is lawfully in control of private land that blocks access to

21-4  adjacent public land must provide access to the public land during

21-5  the hunting season to a person or hunting party with a tag for

21-6  the purpose of hunting on the public land.

21-7      6.  Insofar as they are consistent with this section, the

21-8  provisions of this title and of the regulations adopted by the

21-9  Commission apply to the issuance and use of tags pursuant to this

21-10  section. The Commission:

21-11     (a) Shall by regulation establish the maximum number of tags

21-12  which may be issued annually by the [Division] Department

21-13  pursuant to this section, which must not exceed 1.5 percent of the

21-14  total number of deer and antelope tags which are authorized for

21-15  issuance annually throughout the State; and

21-16     (b) May adopt any other regulations it deems necessary to carry

21-17  out the provisions of this section.

21-18     7.  The [Administrator] Director shall, not later than the fifth

21-19  calendar day of each regular session of the Legislature, submit to the

21-20  Director of the Legislative Counsel Bureau for distribution to the

21-21  Legislature a report summarizing the activities of the [Division]

21-22  Department taken pursuant to the provisions of this section during

21-23  the preceding biennium, including any problems associated with the

21-24  issuance and use of tags authorized by this section and any

21-25  recommendations for correcting those problems.

21-26     Sec. 49.  NRS 502.147 is hereby amended to read as follows:

21-27     502.147  1.  The [Division] Department shall make available

21-28  restricted nonresident deer tags in an amount not to exceed the

21-29  amount set forth in this section. If the number of persons who apply

21-30  for restricted nonresident deer tags is greater than the number of tags

21-31  to be issued, the [Division] Department shall conduct a drawing to

21-32  determine the persons to whom to issue the tags.

21-33     2.  The number of restricted nonresident deer tags must:

21-34     (a) Be subtracted from the quota of rifle deer tags for

21-35  nonresidents; and

21-36     (b) Not exceed 16 percent of the deer tags issued to nonresidents

21-37  during the previous year or 400 tags, whichever is greater.

21-38     3.  The number of restricted nonresident deer tags issued for

21-39  any management area or unit must not exceed 37.5 percent, rounded

21-40  to the nearest whole number, of the rifle deer tags issued to

21-41  nonresidents during the previous year for that management area or

21-42  unit.

21-43     4.  The [Division] Department shall mail the tags to the

21-44  successful applicants.

 

22-1      Sec. 50.  NRS 502.148 is hereby amended to read as follows:

22-2      502.148  1.  Except as otherwise provided in this subsection,

22-3  any person who wishes to apply for a restricted nonresident deer tag

22-4  pursuant to NRS 502.147 must complete an application on a form

22-5  prescribed and furnished by the [Division.] Department. A licensed

22-6  master guide may complete the application for an applicant. The

22-7  application must be signed by the applicant and the master guide

22-8  who will be responsible for conducting the restricted nonresident

22-9  deer hunt.

22-10     2.  The application must be accompanied by a fee for the tag of

22-11  $300, plus any other fees which the [Division] Department may

22-12  require. The Commission shall establish the time limits and

22-13  acceptable methods for submitting such applications to the

22-14  [Division.] Department.

22-15     3.  Any application for a restricted nonresident deer tag which

22-16  contains an error or omission must be rejected and the fee for the tag

22-17  returned to the applicant.

22-18     4.  A person who is issued a restricted nonresident deer tag is

22-19  not eligible to apply for any other deer tag issued in this state for the

22-20  same hunting season as that restricted nonresident deer hunt.

22-21     5.  All fees collected pursuant to this section must be deposited

22-22  with the State Treasurer for credit to the Wildlife Account in the

22-23  State General Fund.

22-24     Sec. 51.  NRS 502.160 is hereby amended to read as follows:

22-25     502.160  1.  The [Division] Department shall designate the

22-26  form of the tag, requiring such numbering or other manner of

22-27  identification as is necessary to designate the name or hunting

22-28  license number of the person to whom it is issued. Each tag must

22-29  show the game for which it may be used, the year[,] and, whenever

22-30  necessary, the management area in which it may be used.

22-31     2.  The Commission may adopt any regulations necessary

22-32  relative to the manner of qualifying and applying for, using,

22-33  completing, attaching, filling out, punching, inspecting, validating

22-34  or reporting such tags. It is unlawful for any person to fail to abide

22-35  by any such regulation.

22-36     Sec. 52.  NRS 502.175 is hereby amended to read as follows:

22-37     502.175  1.  The [Division] Department shall contract with a

22-38  private entity to conduct a drawing and to award and issue the tags

22-39  for a special season. The drawing must be conducted using a

22-40  computer program that awards tags based on a random order of

22-41  selection. The contract must provide for the acquisition by the

22-42  [Division] Department of the ownership of the computer program at

22-43  the end of the term of the contract. The [Division] Department shall

22-44  solicit bids for the contract pursuant to the provisions of chapter 333

22-45  of NRS.

23-1      2.  The [Division] Department shall:

23-2      (a) Provide to the private entity to whom a contract is awarded

23-3  pursuant to the provisions of subsection 1 any applications for tags,

23-4  documents or other information required by the private entity to

23-5  conduct the drawing; and

23-6      (b) Otherwise cooperate with the private entity in conducting

23-7  the drawing.

23-8      3.  As soon as practicable after the drawing is completed, the

23-9  private entity shall submit the results of the drawing to the

23-10  [Division.] Department.

23-11     4.  If no private entity qualifies for the awarding of the contract

23-12  specified in subsection 1, the [Division] Department shall conduct a

23-13  drawing to award tags for a special season in the manner set forth in

23-14  the regulations adopted by the Commission pursuant to the

23-15  provisions of subsection 5.

23-16     5.  The Commission shall adopt regulations necessary to carry

23-17  out the provisions of this section, including regulations that

23-18  prescribe the manner in which the [Division] Department must

23-19  conduct a drawing specified in subsection 1 if no private entity

23-20  qualifies for the awarding of the contract.

23-21     Sec. 53.  NRS 502.210 is hereby amended to read as follows:

23-22     502.210  A duplicate tag may not be issued except as follows:

23-23     1.  Upon receiving an affidavit of an applicant that a tag

23-24  previously issued has been lost or destroyed and upon payment of a

23-25  fee of $5, the [Division] Department shall issue a duplicate tag to

23-26  the applicant.

23-27     2.  Upon receiving an affidavit of an applicant that he has not

23-28  received the tag for which he applied and paid the required fee, the

23-29  [Division] Department may, not earlier than 7 days after the date on

23-30  which the tag was mailed, issue a duplicate tag to the applicant upon

23-31  payment of a fee of $5.

23-32  The provisions of this section do not affect the issuance of a

23-33  replacement tag pursuant to NRS 502.215.

23-34     Sec. 54.  NRS 502.215 is hereby amended to read as follows:

23-35     502.215  1.  If any person who possesses a tag to hunt a big

23-36  game mammal kills an animal that is believed to be diseased and

23-37  unfit for human consumption, he shall place his tag on the carcass in

23-38  the manner provided by law or regulation and provide the whole

23-39  carcass for inspection by an authorized representative of the

23-40  [Division] Department or, at his own expense, by a veterinarian

23-41  licensed to practice in Nevada. Except as otherwise provided in this

23-42  subsection, the holder of the tag who provides the carcass for such

23-43  an inspection is entitled, if the carcass is diseased and unfit for

23-44  human consumption, to receive at no charge another tag as a

23-45  replacement for the one he placed on the carcass pursuant to this

24-1  subsection. The holder shall choose whether the replacement tag is

24-2  to be issued for the current hunting season or for the next similar

24-3  season in the following year. If the holder chooses to retain the

24-4  head, antlers, carcass, horns or hide of the animal, and the

24-5  authorized representative of the [Division] Department approves

24-6  the retention, the holder shall be deemed to waive any claim he may

24-7  have had for the issuance of a replacement tag.

24-8      2.  A replacement tag issued pursuant to subsection 1 for the

24-9  current hunting season is valid for:

24-10     (a) The entire remaining portion of the season for which the

24-11  original tag was issued; or

24-12     (b) If the original tag was issued for a period of a split season,

24-13  the entire remaining portion of the period for which the original tag

24-14  was issued or the entire following period, if any.

24-15     3.  A replacement tag issued pursuant to subsection 1 must be:

24-16     (a) Issued for the same unit for which the original tag was

24-17  issued.

24-18     (b) Used in the same manner as or pursuant to the same

24-19  conditions or restrictions applicable to the original tag.

24-20     4.  The Commission shall adopt by regulation:

24-21     (a) A procedure for the inspection and verification of the

24-22  condition of such a carcass;

24-23     (b) Requirements for the disposal of such a carcass if it is

24-24  determined to be diseased and unfit for human consumption;

24-25     (c) Requirements for the disposition of the hide and the antlers

24-26  or horns of the animal; and

24-27     (d) Except as otherwise provided in subsection 2, a procedure

24-28  for the issuance of a replacement tag pursuant to this section.

24-29     5.  For the purposes of this section, “split season” means a

24-30  season which is divided into two or more periods.

24-31     Sec. 55.  NRS 502.230 is hereby amended to read as follows:

24-32     502.230  1.  A nonresident deer tag for regular season may be

24-33  issued to any nonresident of this state or to the immediate members

24-34  of such nonresident’s family, as a bona fide owner of land within

24-35  this state, for the privilege to hunt upon that land to which he has

24-36  title, if not less than 75 percent of all land belonging to him in the

24-37  State of Nevada and upon which he proposes to hunt is open to the

24-38  public for hunting.

24-39     2.  Such nonresident may hunt deer during the same periods and

24-40  subject to the same limitations as may be allowed or imposed upon

24-41  residents of Nevada in connection with such hunting if such

24-42  nonresident has first obtained a nonresident hunting license.

 

 

25-1      3.  A nonresident deer tag for the regular season may be issued

25-2  by the [Division] Department only upon proof of the applicant’s

25-3  title to certain lands within this state. The Commission shall adopt

25-4  and promulgate regulations establishing requirements for obtaining

25-5  tags, including a determination that the land proposed for hunting is

25-6  deer habitat.

25-7      4.  Such nonresident deer tag for the regular season may be

25-8  issued only upon payment of the regular nonresident fee and is valid

25-9  for use only on the land owned and described, and such nonresident

25-10  deer tag for the regular season must indicate “nonresident

25-11  landowner.”

25-12     Sec. 56.  NRS 502.240 is hereby amended to read as follows:

25-13     502.240  The [Division] Department shall issue annual licenses

25-14  and limited permits:

25-15     1.  To any person who has not attained his 16th birthday and

25-16  who has been a bona fide resident of the State of Nevada for 6

25-17  months immediately preceding his application for a license, upon

25-18  payment of $5 for an annual trapping license.

25-19     2.  Except as otherwise provided in NRS 502.245 and 504.390,

25-20  to any person who has attained his 16th birthday and who has been a

25-21  bona fide resident of the State of Nevada for 6 months immediately

25-22  preceding his application for a license, upon the payment of:

 

25-23  For a fishing license........................... $20

25-24  For a 1-day permit to fish....................... 6

25-25  For each consecutive day added to a 1-day permit to fish2

25-26  For a hunting license............................ 23

25-27  For a combined hunting and fishing license    38

25-28  For a trapping license........................... 30

25-29  For a fur dealer’s license...................... 50

25-30  For an annual master guide’s license250

25-31  For an annual subguide’s license......... 75

 

25-32     3.  To any person who has attained his 12th birthday but who

25-33  has not attained his 16th birthday, and who is not a bona fide

25-34  resident of the State of Nevada, upon the payment of $8 for an

25-35  annual fishing license, except for a fishing license to fish in the

25-36  reciprocal waters of the Colorado River, Lake Mead and Lake

25-37  Mohave, which annual license must cost a sum agreed upon by the

25-38  Commission and the Arizona Game and Fish Commission, but not

25-39  to exceed $30.

25-40     4.  Except as otherwise provided in subsection 3, to any person

25-41  who is not a bona fide resident of the State of Nevada, upon the

25-42  payment of:

 

26-1  For a fishing license, except for a fishing license to fish

26-2  in the reciprocal waters of the Colorado River, Lake

26-3  Mead and Lake Mohave, which license must cost a sum

26-4  agreed upon by the Commission and the Arizona Game

26-5  and Fish Commission, but not to exceed $30  $50

26-6  For a 1-day permit to fish..................... 11

26-7  For each consecutive day added to a 1-day permit to fish  4

26-8  For a hunting license........................... 110

26-9  For an annual trapper’s license........... 150

26-10  For a fur dealer’s license................... 100

26-11  For an annual master guide’s license500

26-12  For an annual subguide’s license...... 150

26-13  For a 1-day permit to hunt upland game and waterfowl    15

26-14  For each consecutive day added to a 1-day permit to

26-15  hunt upland game and waterfowl........... 5

 

26-16     5.  To any person, without regard to residence, upon the

26-17  payment of:

 

26-18  For a noncommercial license for the possession of live

26-19  wildlife.................................................. $5

26-20  For a commercial or private shooting preserve  100

26-21  For a commercial license for the possession of live

26-22  wildlife................................................ 100

26-23  For a live bait dealer’s permit.............. 35

26-24  For a competitive field trials permit.... 25

26-25  For a permit to train dogs or falcons..... 5

26-26  For a 1-year falconry license................ 30

26-27  For a 3-year falconry license................ 75

26-28  For an importation permit...................... 5

26-29  For an import eligibility permit........... 25

26-30  For an exportation permit...................... 5

26-31  For any other special permit issued by the [Division,]

26-32  Department, a fee not to exceed $100 set by the

26-33  Commission.

 

26-34     Sec. 57.  NRS 502.245 is hereby amended to read as follows:

26-35     502.245  1.  The [Division] Department shall issue any

26-36  hunting or fishing license or combined hunting and fishing license

26-37  authorized under the provisions of this chapter, upon proof

26-38  satisfactory of the requisite facts and payment of the applicable fee,

26-39  to any person who has resided in this state:

26-40     (a) For the 6-month period immediately preceding the date of

26-41  his application for a license and:

27-1          (1) Has a severe physical disability; or

27-2          (2) Has attained his 12th birthday but has not attained his

27-3  16th birthday; or

27-4      (b) Continuously for 5 years immediately preceding the date of

27-5  this application for a license and is 65 years of age or older.

27-6      2.  The [Division] Department shall charge and collect for

27-7  such a:

 

27-8  Hunting license...................................... $4

27-9  Fishing license......................................... 4

27-10  Combined hunting and fishing license... 7

 

27-11     3.  For the purposes of this section, “severe physical disability”

27-12  means a physical disability which materially limits the person’s

27-13  ability to engage in gainful employment.

27-14     Sec. 58.  NRS 502.250 is hereby amended to read as follows:

27-15     502.250  1.  Except as otherwise provided in this section, the

27-16  following fees must be charged for tags:

 

27-17  Resident deer tag for regular season. $15

27-18  Nonresident and alien deer tag for regular season  60

27-19  Resident antelope tag........................... 50

27-20  Resident elk tag.................................. 100

27-21  Resident bighorn sheep tag................ 100

27-22  Resident mountain goat tag............... 100

27-23  Resident mountain lion tag.................. 25

 

27-24     2.  Other resident big game tags for special seasons must not

27-25  exceed $50. Other nonresident big game tags for special seasons

27-26  must not exceed $1,000.

27-27     3.  Tags determined to be necessary by the Commission for

27-28  other species pursuant to NRS 502.130 must not exceed $100.

27-29     4.  A fee not to exceed $10 may be charged for processing an

27-30  application for a tag other than an elk tag. A fee of not less than $5

27-31  but not more than $15 must be charged for processing an application

27-32  for an elk tag, $5 of which must be deposited with the State

27-33  Treasurer for credit to the Wildlife Account in the State General

27-34  Fund and used for the prevention and mitigation of damage caused

27-35  by elk or game mammals not native to this state.

27-36     5.  The Commission may accept sealed bids for or auction not

27-37  more than 15 big game tags and not more than 5 wild turkey tags

27-38  each year. To reimburse the [Division] Department for the cost of

27-39  managing wildlife and administering and conducting the bid or

27-40  auction, not more than 18 percent of the total amount of money

27-41  received from the bid or auction may be deposited with the State

28-1  Treasurer for credit to the Wildlife Account in the State General

28-2  Fund. Any amount of money received from the bid or auction that is

28-3  not so deposited must be deposited with the State Treasurer for

28-4  credit to the Wildlife Heritage Trust Account in the State General

28-5  Fund in accordance with the provisions of NRS 501.3575.

28-6      6.  The Commission may by regulation establish an additional

28-7  drawing for big game tags, which may be entitled the Partnership in

28-8  Wildlife Drawing. To reimburse the [Division] Department for the

28-9  cost of managing wildlife and administering and conducting the

28-10  drawing, not more than 18 percent of the total amount of money

28-11  received from the drawing may be deposited with the State

28-12  Treasurer for credit to the Wildlife Account in the State General

28-13  Fund. Except as otherwise provided by regulations adopted by the

28-14  Commission pursuant to subsection 7, the money received by the

28-15  [Division] Department from applicants in the drawing who are not

28-16  awarded big game tags must be deposited with the State Treasurer

28-17  for credit to the Wildlife Heritage Trust Account in accordance with

28-18  the provisions of NRS 501.3575.

28-19     7.  The Commission may adopt regulations which authorize the

28-20  return of all or a portion of any fee collected from a person pursuant

28-21  to the provisions of this section.

28-22     Sec. 59.  NRS 502.253 is hereby amended to read as follows:

28-23     502.253  1.  In addition to any fee charged and collected

28-24  pursuant to NRS 502.250, a fee of $3 must be charged for

28-25  processing each application for a game tag, the revenue from which

28-26  must be accounted for separately, deposited with the State Treasurer

28-27  for credit to the Wildlife Account in the State General Fund and

28-28  used by the [Division] Department for costs related to:

28-29     (a) Programs for the management and control of injurious

28-30  predatory wildlife;

28-31     (b) Wildlife management activities relating to the protection of

28-32  nonpredatory game animals, sensitive wildlife species and related

28-33  wildlife habitat;

28-34     (c) Conducting research, as needed, to determine successful

28-35  techniques for managing and controlling predatory wildlife,

28-36  including studies necessary to ensure effective programs for the

28-37  management and control of injurious predatory wildlife; and

28-38     (d) Programs for the education of the general public concerning

28-39  the management and control of predatory wildlife.

28-40     2.  The [Division] Department of Wildlife is hereby authorized

28-41  to expend a portion of the money collected pursuant to subsection 1

28-42  to enable the State Department of Agriculture to develop and carry

28-43  out the programs described in subsection 1.

29-1      3.  The money in the Wildlife Account remains in the Account

29-2  and does not revert to the State General Fund at the end of any fiscal

29-3  year.

29-4      Sec. 60.  NRS 502.255 is hereby amended to read as follows:

29-5      502.255  The [Division] Department shall account separately

29-6  for the money received from fees for processing applications for

29-7  tags and, except as otherwise provided in NRS 502.253, use that

29-8  money only for all of the [Division’s] Department’s direct and

29-9  indirect costs associated with the system of applications and

29-10  drawings for, and the issuance of, tags.

29-11     Sec. 61.  NRS 502.300 is hereby amended to read as follows:

29-12     502.300  1.  Except as otherwise provided in subsection 2, it is

29-13  unlawful for any person to hunt any migratory game bird, except

29-14  jacksnipe, coot, gallinule, western mourning dove, white-winged

29-15  dove and band-tailed pigeon, unless at the time he is hunting he

29-16  carries on his person:

29-17     (a) An unexpired state duck stamp validated by his signature in

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

29-19     (b) Such documentation as the [Division] Department provides

29-20  via the Internet as proof that he has paid to the [Division,]

29-21  Department, for the licensing period that includes the time he is

29-22  hunting, the same fee as that required pursuant to subsection 3 for

29-23  the purchase of an unexpired state duck stamp for that period.

29-24     2.  The provisions of subsection 1 do not apply to a person who:

29-25     (a) Is under the age of 12 years; or

29-26     (b) Is 65 years of age or older.

29-27     3.  Unexpired duck stamps must be sold for a fee of not more

29-28  than $5 each by the [Division] Department and by persons

29-29  authorized by the [Division] Department to sell hunting licenses.

29-30  The Commission shall establish the price to be charged by the

29-31  [Division] Department or agents of the [Division] Department for

29-32  expired duck stamps, and the fee for unexpired duck stamps within

29-33  the limit provided.

29-34     4.  The [Division] Department shall determine the form of the

29-35  stamps.

29-36     Sec. 62.  NRS 502.310 is hereby amended to read as follows:

29-37     502.310  All money received pursuant to NRS 502.300 must be

29-38  deposited with the State Treasurer for credit to the Wildlife Account

29-39  in the State General Fund. The [Division] Department shall

29-40  maintain separate accounting records for the receipt and expenditure

29-41  of that money. An amount not to exceed 10 percent of that money

29-42  may be used to reimburse the [Division] Department for the cost of

29-43  administering the state duck stamp programs. This amount is in

29-44  addition to compensation allowed persons authorized to issue and

29-45  sell licenses.

30-1      Sec. 63.  NRS 502.322 is hereby amended to read as follows:

30-2      502.322  1.  Before the [Division] Department may undertake

30-3  any project using money received pursuant to NRS 502.300, it shall

30-4  analyze the project and provide the Commission with

30-5  recommendations as to the need for the project and its feasibility.

30-6      2.  Money received pursuant to NRS 502.300 must be used for

30-7  projects approved by the Commission for the protection and

30-8  propagation of migratory game birds, and for the acquisition,

30-9  development and preservation of wetlands in Nevada.

30-10     Sec. 64.  NRS 502.324 is hereby amended to read as follows:

30-11     502.324  The [Division] Department shall, not later than the

30-12  [5th] fifth calendar day of each regular session of the Legislature,

30-13  submit to [it] the Legislature a report summarizing any projects

30-14  undertaken, receipt and expenditure of money , and public benefits

30-15  achieved by the program for the sale of state duck stamps.

30-16     Sec. 65.  NRS 502.326 is hereby amended to read as follows:

30-17     502.326  1.  Except as otherwise provided in subsection 2, it is

30-18  unlawful for any person to take or possess trout unless at the time he

30-19  is fishing he carries on his person:

30-20     (a) An unexpired state trout stamp affixed to his fishing license

30-21  and validated by his signature in ink across the face of the stamp; or

30-22     (b) Such documentation as the [Division] Department provides

30-23  via the Internet as proof that he has paid to the [Division,]

30-24  Department, for the licensing period that includes the time he is

30-25  fishing, the same fee as that required pursuant to subsection 3 for the

30-26  purchase of a state trout stamp for that period.

30-27     2.  The provisions of subsection 1 do not apply to a person who:

30-28     (a) Is under the age of 12; or

30-29     (b) Is fishing:

30-30         (1) Under the authority of a valid 1-day permit to fish or

30-31  during a consecutive day validly added to that permit; or

30-32         (2) In accordance with regulations adopted by the

30-33  Commission pursuant to subparagraph (2) of paragraph (e) of

30-34  subsection 1 of NRS 502.010.

30-35     3.  State trout stamps must be sold for a fee of $10 each by the

30-36  [Division] Department and by persons authorized by the [Division]

30-37  Department to sell hunting, fishing and trapping licenses.

30-38     4.  The [Division] Department shall determine the form of the

30-39  stamps.

30-40     Sec. 66.  NRS 502.327 is hereby amended to read as follows:

30-41     502.327  1.  All money received pursuant to NRS 502.326

30-42  must be deposited with the State Treasurer for credit to the Trout

30-43  Management Account, which is hereby established in the State

30-44  General Fund.

31-1      2.  The interest and income earned on the money in the Trout

31-2  Management Account, after deducting any applicable charges, must

31-3  be credited to the Account.

31-4      3.  The [Division] Department shall:

31-5      (a) Maintain separate accounting records for the receipt of

31-6  money pursuant to NRS 502.326 and the expenditure of that money.

31-7      (b) Administer the Trout Management Account. The [Division]

31-8  Department may use money in the Account only for the protection,

31-9  propagation and management of trout in this state and for any

31-10  bonded indebtedness incurred therefor.

31-11     Sec. 67.  NRS 502.330 is hereby amended to read as follows:

31-12     502.330  1.  No hunting license may be obtained by any

31-13  person born after January 1, 1960, unless he presents to the

31-14  [Division,] Department, or one of its authorized licensing agents:

31-15     (a) A certificate of successful completion of a course of

31-16  instruction in the responsibilities of hunters as provided by

31-17  NRS 502.340;

31-18     (b) An equivalent certificate of completion of a course in the

31-19  responsibilities of hunters provided by a state or an agency of a

31-20  Canadian province for the management of wildlife; or

31-21     (c) A hunting license issued to him in a previous year by the

31-22  [Division,] Department, a state or an agency of a Canadian

31-23  province, which bears a number or other unique mark evidencing

31-24  successful completion of a course of instruction in the

31-25  responsibilities of hunters.

31-26     2.  Any person who has been convicted of violating NRS

31-27  503.165 or 503.175 may not obtain a hunting license until he has

31-28  successfully completed a course in the responsibilities of hunters

31-29  conducted pursuant to NRS 502.340.

31-30     Sec. 68.  NRS 502.340 is hereby amended to read as follows:

31-31     502.340  The [Division] Department shall certify instructors

31-32  who will, with the cooperation of the [Division,] Department,

31-33  provide instruction in the responsibilities of hunters established by

31-34  the [Division] Department to all eligible persons who, upon the

31-35  successful completion of the course, must be issued a certificate.

31-36  Persons who are disqualified from obtaining a hunting license,

31-37  pursuant to NRS 502.330, are eligible for the course.

31-38     Sec. 69.  NRS 502.370 is hereby amended to read as follows:

31-39     502.370  1.  A license to practice taxidermy is required before

31-40  any person may perform taxidermal services for others on any

31-41  wildlife or their parts, nests or eggs.

31-42     2.  Annual licenses for the term of 1 year from July 1 to June 30

31-43  must be issued by the [Division] Department for the following fees:

 

 

32-1  Fee to practice commercial taxidermy$35

32-2  Fee to practice noncommercial taxidermy5

 

32-3      3.  Any person who wishes to obtain a license to practice

32-4  taxidermy must apply for the license on an application form

32-5  provided by the [Division.] Department. The applicant must provide

32-6  such information on the form as the Commission may require by

32-7  regulation.

32-8      4.  The Commission may adopt regulations governing the

32-9  licensing of taxidermists and the practice of taxidermy, including:

32-10     (a) The receipt, possession, transportation, identification,

32-11  purchase and sale of wildlife or parts thereof to be or which have

32-12  been processed by a taxidermist;

32-13     (b) The maintenance and submission of written records; and

32-14     (c) Any other matter concerning the practice, conduct and

32-15  operating procedures of taxidermists as the Commission may deem

32-16  necessary.

32-17     5.  A person who is authorized to enforce the provisions of this

32-18  title may enter the facilities of a licensee at any reasonable hour and

32-19  inspect his operations and records.

32-20     6.  If a licensee is convicted of a violation of any provision of

32-21  this title or the regulations adopted by the Commission, the

32-22  Commission may revoke his license and may refuse to issue another

32-23  license to him for a period not to exceed 5 years.

32-24     7.  The provisions of this section do not apply to institutions of

32-25  learning of this state or of the United States, or to research activities

32-26  conducted exclusively for scientific purposes, or for the

32-27  advancement of agriculture, biology or any of the sciences.

32-28     Sec. 70.  NRS 502.390 is hereby amended to read as follows:

32-29     502.390  1.  Any:

32-30     (a) Person who develops or maintains an artificial or man-made

32-31  body of water, other than a body of water maintained for

32-32  agricultural or recreational purposes, containing chemicals or

32-33  substances in quantities which, with the normal use of the body of

32-34  water, causes or will cause the death of any wildlife; or

32-35     (b) Operator of a mining operation which develops or maintains

32-36  an artificial body of water containing chemicals directly associated

32-37  with the processing of ore,

32-38  must first obtain a permit from the [Division] Department

32-39  authorizing the development or maintenance of the body of water.

32-40     2.  Within 30 working days after receiving an application for a

32-41  permit, the [Division] Department shall issue the permit or deny the

32-42  application and list the reasons for denial. An applicant may appeal

32-43  the denial of a permit to the Commission. A permit may be valid for

33-1  up to 5 years. The Commission may establish a fee for a permit of

33-2  not more than $100 per year.

33-3      3.  Upon the transfer of ownership of any artificial or man-made

33-4  body of water as to which a permit issued pursuant to this section is

33-5  in force at the time of the transfer, the permit remains in effect for

33-6  30 days after the transfer of ownership.

33-7      4.  A person holding a permit issued pursuant to this section

33-8  shall, in addition to the fee for the permit, pay to the [Division]

33-9  Department an assessment. The amount of the assessment must be

33-10  determined pursuant to regulations adopted by the Commission. The

33-11  assessment must be no more than $10,000 per year for each permit.

33-12     5.  Any person who fails to obtain a permit or pay an

33-13  assessment as required by this section and the regulations adopted

33-14  pursuant thereto or who fails to comply with the provisions of a

33-15  permit is guilty of a misdemeanor for the first offense and a gross

33-16  misdemeanor for any subsequent offense.

33-17     6.  As used in this section:

33-18     (a) “Mining operation” means any activity conducted in this

33-19  state by a person on or beneath the surface of land for the purpose

33-20  of, or in connection with, the development or extraction of any

33-21  mineral.

33-22     (b) “Operator” means any person who owns, controls or

33-23  manages a mining operation.

33-24     Sec. 71.  NRS 503.005 is hereby amended to read as follows:

33-25     503.005  1.  Except as otherwise provided in subsection 2, a

33-26  person shall not kill or attempt to kill any birds or animals while

33-27  flying in an aircraft.

33-28     2.  The Commission may promulgate rules and regulations

33-29  whereby the [Division] Department may issue permits authorizing

33-30  the hunting, killing or nonlethal control of coyotes, bobcats or

33-31  ravens from an aircraft.

33-32     3.  Every person who willfully violates the provisions of

33-33  subsection 1 is guilty of a misdemeanor.

33-34     Sec. 72.  NRS 503.035 is hereby amended to read as follows:

33-35     503.035  1.  “Meat or game processor” as used in this section

33-36  means any person, firm or corporation that receives any game for

33-37  the purpose of processing or storage or for the purposes of

33-38  processing and storage.

33-39     2.  Any meat or game processor who receives any game for the

33-40  purpose of processing or storage may, within 90 days after the

33-41  receipt thereof, if such game remains in the possession of such meat

33-42  or game processor, dispose of such game to the [Division]

33-43  Department if the owner of such game has not paid such meat or

33-44  game processor for the processing or storage thereof.

34-1      3.  The [Division] Department shall distribute such game to

34-2  public charities on a fair and equitable basis.

34-3      4.  No action may be commenced against such meat or game

34-4  processor by the owner of such game after such game has been

34-5  delivered to the [Division] Department under the provisions of this

34-6  section.

34-7      5.  Nothing in this section deprives a meat or game processor of

34-8  any remedy at law available to a creditor against a debtor for the

34-9  recovery of any money or other legal consideration owing from the

34-10  owner of the game to the meat or game processor for such

34-11  processing or storage.

34-12     Sec. 73.  NRS 503.040 is hereby amended to read as follows:

34-13     503.040  1.  Except as otherwise provided in this section, it is

34-14  unlawful for any person at any time to transport or offer for

34-15  transportation to any place within or outside of this state any game

34-16  mammal, raw furs, wild mammal taken by trapping, game bird or

34-17  game fish taken within this state.

34-18     2.  Any person who has legally taken any game mammal, raw

34-19  furs, wild mammal taken by trapping, game bird or game fish within

34-20  this state may use his hunting license, trapping license or fishing

34-21  license or tag or stamp, when required, as a permit to transport one

34-22  possession limit to points within or outside the State.

34-23     3.  Any person who legally acquires ownership or custody of

34-24  any game mammal, raw furs, wild mammal taken by trapping, game

34-25  bird or game fish not taken by him through hunting, trapping or

34-26  fishing may transport such mammal, furs, bird or fish within the

34-27  State without a transportation permit if such shipment does not

34-28  exceed one possession limit and if such shipment is labeled with the

34-29  name, address, number and class of license of the hunter, trapper or

34-30  fisherman who legally took such mammal, furs, bird or fish and date

34-31  taken, if the mammal, furs, bird or fish is not required by law or

34-32  regulation to be tagged. Unless otherwise permitted by a regulation

34-33  of the Commission, when tagged shipments are involved, a

34-34  transportation permit is required as provided in this section.

34-35     4.  Any other person who desires to transport any game

34-36  mammal, raw furs, wild mammal taken by trapping, game fish or

34-37  game bird to a point within or without the State may do so only

34-38  under the authority of a transportation permit as provided in this

34-39  section.

34-40     5.  The [Division] Department shall designate the form of the

34-41  transportation permit and such permits may be issued for a fee of $1

34-42  by any game warden or other such persons as may be specifically

34-43  designated by the [Division.] Department. The person legally in

34-44  possession of the game mammals, raw furs, wild mammals taken by

34-45  trapping, game birds or game fish to be transported must appear

35-1  before the issuing agent to obtain a transportation permit. The

35-2  permit must describe the wildlife to be transported and identify by

35-3  name, address, license number and class the person who legally took

35-4  the furs or wildlife and by name and address the person transporting

35-5  it. Whenever raw furs or wildlife is to be transported by the postal

35-6  service or by common carrier, freight or express agency, such an

35-7  agency may be designated by name alone.

35-8      6.  Game mammals, raw furs, wild mammals taken by trapping,

35-9  game birds or game fish transported to another person shall be

35-10  deemed to be in the legal possession of the person making shipment

35-11  until actual delivery is made.

35-12     7.  Any package or container in which game birds, raw furs,

35-13  wild mammals taken by trapping, game mammals or game fish are

35-14  being transported by common carrier must have the name and

35-15  address of the shipper and of the consignee and an accurate

35-16  statement of the number and kinds of game birds, raw furs, wild

35-17  mammals taken by trapping, game mammals or game fish contained

35-18  therein attached to the outside thereof.

35-19     8.  The Commission may limit the number of shipments by any

35-20  one person in any one season of any kind of game bird, game

35-21  mammal or game fish.

35-22     Sec. 74.  NRS 503.185 is hereby amended to read as follows:

35-23     503.185  1.  Every person involved in a hunting accident

35-24  where damage to property results, or which involves the injury of or

35-25  death to another person, shall file a report of the accident with the

35-26  [Division] Department within 30 days after the accident. The report

35-27  must be on the form prescribed by the [Division.] Department.

35-28     2.  The [Division] Department shall revoke any hunting license

35-29  held by a person convicted of violating NRS 503.165 or 503.175, if

35-30  the violation results in an injury to or the death of another person.

35-31  The [Division] Department shall not issue another such license to

35-32  the person sooner than 2 years after the revocation.

35-33     Sec. 75.  NRS 503.200 is hereby amended to read as follows:

35-34     503.200  1.  The [Division] Department is empowered to

35-35  authorize, under permit and for such fee as may be provided in NRS

35-36  502.240, competitive field trials for hunting dogs or competitive

35-37  field trials for falconry. The Commission shall prescribe the rules

35-38  and regulations to be followed by those in charge of such trials

35-39  insofar as conduct of the field trials has any effect or bearing upon

35-40  wildlife and the laws of this state respecting closed and open

35-41  seasons.

35-42     2.  For the purpose of permitting such field trials , the

35-43  [Division] Department may authorize shooting of legally acquired

35-44  upland game birds during any closed season on the species of bird

35-45  or birds to be hunted.

36-1      3.  All legally acquired upland game birds used in a field trial or

36-2  for the purpose of training hunting dogs and for falconry training

36-3  must be banded with legbands by the person in charge of such field

36-4  trial or training. Such birds may only be released in an area first

36-5  approved by the [Division,] Department, after which the [Division]

36-6  Department shall authorize, under permit and under such rules and

36-7  regulations as the Commission may prescribe, the releasing of such

36-8  legally acquired upland game birds for the foregoing purposes.

36-9      4.  All birds killed under the provisions of this section must be

36-10  accompanied by a receipt, giving the permit number, the date, the

36-11  name of the person in possession, and signed by the permit holder.

36-12  Birds killed and accompanied by a receipt under the provisions of

36-13  this section may be legally possessed.

36-14     Sec. 76.  NRS 503.290 is hereby amended to read as follows:

36-15     503.290  1.  Except as otherwise provided in subsection 2, it is

36-16  unlawful for any person to fish in or from any of the waters of the

36-17  State of Nevada for any fish of any species in any manner other than

36-18  with hook and line attached to a rod or reel closely attended in the

36-19  manner known as angling. Only one combination of hook, line and

36-20  rod must be used by one person at any time, except that a second

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

36-22  person:

36-23     (a) Purchases from the [Division] Department or a license agent

36-24  of the [Division] Department a stamp or permit for a second rod;

36-25     (b) Uses the rod in the manner prescribed in this section; and

36-26     (c) Has in his possession a valid fishing license, combined

36-27  hunting and fishing license or permit to fish issued to him by the

36-28  [Division.] Department.

36-29  The fee for the stamp or permit is $10, and is valid only for the

36-30  period for which it is issued.

36-31     2.  The Commission may by regulation authorize other methods

36-32  for taking fish. Frogs may be taken by spear, bow and arrow, hook

36-33  and line or by other methods authorized by the Commission’s

36-34  regulation.

36-35     3.  For the purposes of this section, “hook” includes not more

36-36  than three baited hooks, not more than three fly hooks or not more

36-37  than two plugs or similar lures. No more than two such plugs or

36-38  lures, irrespective of the number of hooks or attractor blades

36-39  attached thereto, may be attached to the line.

36-40     Sec. 77.  NRS 503.310 is hereby amended to read as follows:

36-41     503.310  1.  The Commission may regulate or prohibit the use

36-42  of live bait in fishing so that no undesirable species are introduced

36-43  into the public waters of this state.

36-44     2.  Any person engaged in the sale of live bait must first obtain

36-45  a permit from the [Division] Department for the fee provided in

37-1  NRS 502.240. The permit may be revoked for any violation of

37-2  regulations.

37-3      3.  The Commission may prescribe the species which may be

37-4  held or sold by the permittee.

37-5      Sec. 78.  NRS 503.360 is hereby amended to read as follows:

37-6      503.360  1.  It is unlawful for any person at any time to fish

37-7  from any state hatchery, or from any waters set aside or used for the

37-8  purpose of rearing or growing fish for transplanting by the State.

37-9      2.  Nothing in this section prohibits employees of the [Division]

37-10  Department from handling, at any time, all such fish, as may be

37-11  required in the propagation, care and distribution of the fish.

37-12     Sec. 79.  NRS 503.380 is hereby amended to read as follows:

37-13     503.380  The [Division] Department may take or permit the

37-14  commercial taking of unprotected wildlife in any manner approved

37-15  by the Commission. The Commission may fix a price to be paid for

37-16  wildlife so taken. Unprotected wildlife taken under this

37-17  authorization may be sold.

37-18     Sec. 80.  NRS 503.400 is hereby amended to read as follows:

37-19     503.400  1.  Every person who has erected, or who may

37-20  hereafter erect, any dams, water weirs or other obstructions to the

37-21  free passage of fish in the rivers, streams, lakes or other waters of

37-22  the State of Nevada shall construct and keep in repair , to the

37-23  satisfaction of the [Division] Department, fishways or fish ladders

37-24  at all such dams, water weirs or other obstructions so that at all

37-25  seasons of the year fish may ascend above such dams, water weirs

37-26  or other obstructions to deposit their spawn.

37-27     2.  Every person so placing, controlling or owning any such

37-28  obstruction who fails to comply with the provisions of this section

37-29  after having been notified in writing so to do by the [Division,]

37-30  Department, and every person who at any time willfully or

37-31  knowingly destroys, injures or obstructs any fishway or fish ladder

37-32  which is required by law is guilty of a misdemeanor.

37-33     Sec. 81.  NRS 503.420 is hereby amended to read as follows:

37-34     503.420  1.  Any person, firm or corporation owning in whole

37-35  or in part any canal, ditch or any artificial watercourse, taking or

37-36  receiving its waters from any river, creek or lake in which fish have

37-37  been placed or may exist, shall place or cause to be placed, and such

37-38  persons shall maintain at the intake or inlet of such canal, ditch or

37-39  watercourse, a grating, screen or other device, either stationary or

37-40  operated mechanically, of such construction, fineness, strength and

37-41  quality as may be designated by the [Division,] Department, to

37-42  prevent any fish from entering such canal, ditch or watercourse.

37-43     2.  If such person, firm or corporation, after due notice from the

37-44  [Division,] Department, fails to install or maintain such grating,

37-45  screen or device, the Commission is authorized to enter upon lands

38-1  adjacent to the inlet of such canal, ditch or watercourse, and may

38-2  install therein, and thereafter maintain, such grating, screen or

38-3  device as in the discretion of the [Division] Department is proper.

38-4      3.  It is unlawful for any person or persons, except a game

38-5  warden, to remove, tamper with, destroy or in any way molest such

38-6  screens when the same have been installed.

38-7      Sec. 82.  NRS 503.425 is hereby amended to read as follows:

38-8      503.425  1.  Before a person may use any vacuum or suction

38-9  dredge equipment in any river, stream or lake of this state, he must

38-10  submit an application to the [Division.] Department. The

38-11  application must be accompanied by a fee of $5 and must specify

38-12  the type and size of equipment to be used and its location. If the

38-13  [Division] Department determines that the operations will not be

38-14  deleterious to fish , it shall issue a permit to the applicant.

38-15     2.  A permit issued pursuant to subsection 1 does not authorize

38-16  the recipient to use any equipment in any navigable body of water

38-17  unless the recipient has obtained the appropriate permit for such a

38-18  use from the State Land Registrar.

38-19     3.  It is unlawful for any person to:

38-20     (a) Conduct dredging operations without securing a permit

38-21  pursuant to subsection 1;

38-22     (b) Operate any equipment other than that specified in the

38-23  permit; or

38-24     (c) Conduct a dredging operation outside the area designated on

38-25  the permit.

38-26     Sec. 83.  NRS 503.452 is hereby amended to read as follows:

38-27     503.452  Each trap, snare or similar device used in the taking of

38-28  wild mammals may bear a number registered with the [Division]

38-29  Department or be permanently marked with the name and address

38-30  of the owner or trapper using it. If a trap is registered, the

38-31  registration is permanent. A registration fee of $5 for each registrant

38-32  is payable only once, at the time the first trap, snare or similar

38-33  device is registered.

38-34     Sec. 84.  NRS 503.470 is hereby amended to read as follows:

38-35     503.470  1.  Fur-bearing mammals injuring any property may

38-36  be taken or killed at any time in any manner, provided a permit is

38-37  first obtained from the [Division.] Department.

38-38     2.  When the [Division] Department has determined from

38-39  investigations or upon a petition signed by the owners of 25 percent

38-40  of the land area in any irrigation district or the area served by a ditch

38-41  company alleging that an excessive population of beaver or otter

38-42  exists or that beaver or otter are doing damage to lands, streams,

38-43  ditches, roads or water control structures, the [Division] Department

38-44  shall remove such excess or depredating beaver or otter.

 

39-1      Sec. 85.  NRS 503.540 is hereby amended to read as follows:

39-2      503.540  Whenever the [Division] Department determines that

39-3  beaver or otter are doing damage and that it will be necessary to

39-4  remove beaver or otter from the land of a person to protect the lands

39-5  of another landowner, the [Division] Department is not prevented

39-6  from taking such beaver or otter by the refusal of the landowner to

39-7  allow the [Division’s] employees of the Department to enter upon

39-8  his land. The [Division] Department is authorized to enter upon the

39-9  lands of such owner and remove beaver or otter for the relief of

39-10  other landowners and the protection of the public welfare.

39-11     Sec. 86.  NRS 503.575 is hereby amended to read as follows:

39-12     503.575  The [Division,] Department, with the approval of the

39-13  Commission, may sell live beaver.

39-14     Sec. 87.  NRS 503.582 is hereby amended to read as follows:

39-15     503.582  Except as otherwise provided in this section, it is

39-16  unlawful for any person to hunt, trap, possess or sell any species,

39-17  native or otherwise, of owl, hawk or other birds of prey, including

39-18  all raptors or the parts thereof, without first obtaining a permit from

39-19  the [Division.] Department. The Commission may adopt

39-20  regulations:

39-21     1.  Covering the hunting, trapping, possession or sale of any of

39-22  those species.

39-23     2.  Authorizing a person to hunt, trap, possess or sell any of

39-24  those species without obtaining a permit pursuant to the provisions

39-25  of this section.

39-26     Sec. 88.  NRS 503.583 is hereby amended to read as follows:

39-27     503.583  1.  Except as otherwise provided in this section, any

39-28  person who practices falconry or trains birds of prey must obtain a

39-29  falconry license from the [Division] Department upon payment of a

39-30  license fee as provided in NRS 502.240.

39-31     2.  The licensee, under permit, may obtain from the wild only

39-32  two birds per year. All such birds of prey must be banded in

39-33  accordance with regulations adopted by the Commission.

39-34     3.  Birds of prey may not be taken, captured or disturbed during

39-35  the months in which they breed.

39-36     4.  This section does not prohibit the capture or killing of a

39-37  hawk or an owl by holders of scientific collecting permits.

39-38     5.  The Commission may adopt regulations authorizing a person

39-39  to practice falconry or train birds of prey without obtaining a

39-40  falconry license pursuant to the provisions of subsection 1.

39-41     Sec. 89.  NRS 503.5833 is hereby amended to read as follows:

39-42     503.5833  The [Division] Department shall, upon request of the

39-43  Welfare Division of the Department of Human Resources, submit to

39-44  the Welfare Division the name, address and social security number

39-45  of each person who holds a permit or license issued pursuant to

40-1  NRS 503.582 or 503.583 that does not expire less than 6 months

40-2  after it is issued and any pertinent changes in that information.

40-3      Sec. 90.  NRS 503.5835 is hereby amended to read as follows:

40-4      503.5835  1.  If the [Division] Department receives a copy of

40-5  a court order issued pursuant to NRS 425.540 that provides for the

40-6  suspension of all professional, occupational and recreational

40-7  licenses, certificates and permits issued to a person who is the

40-8  holder of a permit or license issued pursuant to NRS 503.582 or

40-9  503.583 that does not expire less than 6 months after it is issued, the

40-10  [Division] Department shall deem the permit or license issued to

40-11  that person to be suspended at the end of the 30th day after the date

40-12  on which the court order was issued unless the [Division]

40-13  Department receives a letter issued to the holder of the permit or

40-14  license by the district attorney or other public agency pursuant to

40-15  NRS 425.550 stating that the holder of the permit or license has

40-16  complied with the subpoena or warrant or has satisfied the arrearage

40-17  pursuant to NRS 425.560.

40-18     2.  The [Division] Department shall reinstate a permit or

40-19  license issued pursuant to NRS 503.582 or 503.583 that has been

40-20  suspended by a district court pursuant to NRS 425.540 if the

40-21  [Division] Department receives a letter issued by the district

40-22  attorney or other public agency pursuant to NRS 425.550 to the

40-23  person whose permit or license was suspended stating that the

40-24  person whose permit or license was suspended has complied with

40-25  the subpoena or warrant or has satisfied the arrearage pursuant to

40-26  NRS 425.560.

40-27     Sec. 91.  NRS 503.585 is hereby amended to read as follows:

40-28     503.585  A species or subspecies of native fish, wildlife and

40-29  other fauna must be regarded as threatened with extinction when the

40-30  Commission, after consultation with competent authorities,

40-31  determines that its existence is endangered and its survival requires

40-32  assistance because of overexploitation, disease or other factors or its

40-33  habitat is threatened with destruction, drastic modification or severe

40-34  curtailment. Any animal so declared to be threatened with extinction

40-35  must be placed on the list of fully protected species, and no member

40-36  of its kind may be captured, removed or destroyed at any time by

40-37  any means except under special permit issued by the [Division.]

40-38  Department.

40-39     Sec. 92.  NRS 503.586 is hereby amended to read as follows:

40-40     503.586  Where any bird, mammal or other wildlife which is

40-41  declared to be in danger of extinction pursuant to NRS 503.585 is

40-42  found to be destructive of domestic animals or fowl or a menace to

40-43  health, the [Division] Department may provide for its destruction or

40-44  its removal, alive, for translocating.

 

41-1      Sec. 93.  NRS 503.589 is hereby amended to read as follows:

41-2      503.589  In carrying out the program authorized by NRS

41-3  503.584 to 503.589, inclusive, the [Administrator] Director shall

41-4  cooperate, to the maximum extent practicable, with other states and

41-5  with the counties in the State of Nevada, and he may enter into

41-6  agreements with such other states and counties and with other legal

41-7  entities for the administration and management of any area

41-8  established pursuant to NRS 503.584 to 503.589, inclusive, for the

41-9  conservation, protection, restoration and propagation of species of

41-10  native fish, wildlife and other fauna which are threatened with

41-11  extinction.

41-12     Sec. 94.  NRS 503.595 is hereby amended to read as follows:

41-13     503.595  After the owner or tenant of any land or property has

41-14  made a report to the [Division] Department indicating that such

41-15  land or property is being damaged or destroyed, or is in danger of

41-16  being damaged or destroyed, by wildlife, the [Division] Department

41-17  may, after thorough investigation and pursuant to such regulations

41-18  as the Commission may promulgate, cause such action to be taken

41-19  as it may deem necessary, desirable and practical to prevent or

41-20  alleviate such damage or threatened damage to such land or

41-21  property.

41-22     Sec. 95.  NRS 503.597 is hereby amended to read as follows:

41-23     503.597  1.  Except as otherwise provided in this section, it is

41-24  unlawful, except by the written consent and approval of the

41-25  [Division,] Department, for any person at anytime to receive, bring

41-26  or have brought or shipped into this state, or remove from one

41-27  stream or body of water in this state to any other, or from one

41-28  portion of the State to any other, or to any other state, any aquatic

41-29  life[,] or wildlife, or any spawn, eggs or young of any of them.

41-30     2.  The [Division] Department shall require an applicant to

41-31  conduct an investigation to confirm that such an introduction or

41-32  removal will not be detrimental to the wildlife or the habitat of

41-33  wildlife in this state. Written consent and approval of the [Division]

41-34  Department may be given only if the results of the investigation

41-35  prove that the introduction, removal or importation will not be

41-36  detrimental to existing aquatic life[,] or wildlife, or any spawn,

41-37  eggs or young of any of them.

41-38     3.  The Commission may through appropriate regulation

41-39  provide for the inspection of such introduced or removed creatures

41-40  and the inspection fees therefor.

41-41     4.  The Commission may adopt regulations to prohibit the

41-42  importation, transportation or possession of any species of wildlife

41-43  which the Commission deems to be detrimental to the wildlife or the

41-44  habitat of the wildlife in this state.

42-1      5.  The provisions of this section do not apply to alternative

42-2  livestock and products made therefrom.

42-3      Sec. 96.  NRS 503.610 is hereby amended to read as follows:

42-4      503.610  1.  Except as otherwise provided in subsection 2, it is

42-5  unlawful for any person, firm, company, corporation or association

42-6  to kill, destroy, wound, trap, injure, possess dead or alive, or in any

42-7  other manner to catch or capture, or to pursue with such intent the

42-8  birds known as the [American] bald eagle and the golden eagle, or

42-9  to take, injure, possess or destroy the nests or eggs of such birds.

42-10     2.  The [Division] Department may issue permits to take bald

42-11  eagles or golden eagles whenever it determines that they have

42-12  become seriously injurious to wildlife or agricultural or other

42-13  interests in any particular area of the State and the injury

42-14  complained of is substantial and can only be abated by taking some

42-15  or all of the offending birds. The issuance of such permits must be

42-16  consistent with federal law.

42-17     Sec. 97.  NRS 503.650 is hereby amended to read as follows:

42-18     503.650  Nothing in this title:

42-19     1.  Prohibits any person, upon the written permit of the

42-20  [Division,] Department, from taking, killing, possessing or banding

42-21  any species of wildlife, or collecting the nest or eggs thereof, for

42-22  strictly scientific or educational purposes, the number and species of

42-23  wildlife to be limited by the [Division.] Department.

42-24     2.  Prevents shipping into any other county or state, under a

42-25  written permit issued by the [Division,] Department, any wildlife

42-26  for scientific or educational purposes.

42-27  The fee for a permit to collect wildlife for scientific or educational

42-28  purposes is $5.

42-29     Sec. 98.  NRS 504.140 is hereby amended to read as follows:

42-30     504.140  1.  The [Division] Department is authorized, subject

42-31  to approval by the Commission, to enter into agreements with

42-32  landowners, individually or in groups, to establish wildlife

42-33  management areas and to enforce regulations necessary thereto for

42-34  the purpose of providing greater areas for the public to hunt or fish

42-35  on private lands and to protect the landowner or lessee from damage

42-36  due to trespass or excessive hunting or fishing pressure.

42-37     2.  Such an agreement must require that the Department

42-38  designate certain portions of the area as closed zones for the

42-39  protection of livestock, buildings, persons and other properties.

42-40     3.  The zones must be posted conspicuously along all

42-41  boundaries and it is unlawful to hunt, fish or trespass therein or to

42-42  hunt or fish on any cooperative area contrary to the regulations

42-43  provided.

43-1      4.  The agreement may designate the number of hunters or

43-2  fishermen who may be admitted to the area, if such limitation is

43-3  necessary or desirable.

43-4      Sec. 99.  NRS 504.147 is hereby amended to read as follows:

43-5      504.147  1.  The [Division] Department may, if such leases or

43-6  sales do not interfere with the use of such real property for wildlife

43-7  management or for hunting or fishing thereon:

43-8      (a) Lease, for a term not exceeding 5 years, grazing or pasturage

43-9  rights in and to real property which is assigned to the [Division]

43-10  Department for administration.

43-11     (b) Sell crops or agricultural products of whatever kind

43-12  produced on such real property.

43-13     2.  Except as otherwise provided in subsection 3, whenever the

43-14  [Division] Department intends to lease grazing or pasturage rights

43-15  or to sell or offer for sale agricultural products as provided in

43-16  subsection 1, the [Division] Department may do so only by

43-17  advertising for bids, reserving in such advertising the right to reject

43-18  any or all bids.

43-19     3.  The [Division] Department may enter into such a lease with

43-20  or make such a sale to a state agency without advertising for bids if

43-21  the rent agreed to be paid for the lease or the sale price agreed to be

43-22  paid for any agricultural commodities to be sold is, in the opinion of

43-23  the [Division,] Department, equal to the amount that would be

43-24  obtained by advertising for bids.

43-25     4.  If the [Division] Department finds that the highest or best

43-26  bid is less than the amount that should be paid, the [Division]

43-27  Department may reject all bids and negotiate with interested

43-28  persons for such lease or sale, but shall not accept any negotiated

43-29  price if it is less in amount than the highest bid tendered for the

43-30  same lease or sale.

43-31     5.  If the deed to real property assigned to the [Division]

43-32  Department for administration contains a covenant or provision

43-33  giving to the grantor an option to meet the highest bid for any lease

43-34  by the [Division] Department of grazing or pasturage rights to the

43-35  real property or the sale of agricultural products from it, the

43-36  [Division] Department shall comply with the terms of the covenant

43-37  or provision in the deed.

43-38     Sec. 100.  NRS 504.155 is hereby amended to read as follows:

43-39     504.155  All gifts, grants, fees and appropriations of money

43-40  received by the [Division] Department for the prevention and

43-41  mitigation of damage caused by elk or game mammals not native to

43-42  this state, and the interest and income earned on the money, less any

43-43  applicable charges, must be accounted for separately within the

43-44  Wildlife Account and may only be disbursed as provided in the

43-45  regulations adopted pursuant to NRS 504.165.

44-1      Sec. 101.  NRS 504.165 is hereby amended to read as follows:

44-2      504.165  1.  The Commission shall adopt regulations

44-3  governing the disbursement of money to:

44-4      (a) Prevent or mitigate damage to private property and privately

44-5  maintained improvements; and

44-6      (b) Compensate persons for grazing reductions and the loss of

44-7  stored and standing crops,

44-8  caused by elk or game mammals not native to this state.

44-9      2.  The regulations must contain:

44-10     (a) Requirements for the eligibility of those persons claiming

44-11  damage to private property or privately maintained improvements to

44-12  receive money or materials from the [Division,] Department,

44-13  including a requirement that such a person enter into a cooperative

44-14  agreement with the [Administrator] Director for purposes related to

44-15  this title.

44-16     (b) Procedures for the formation of local panels to assess

44-17  damage caused by elk or game mammals not native to this state and

44-18  to determine the value of a loss claimed if the person claiming the

44-19  loss and the [Division] Department do not agree on the value of the

44-20  loss.

44-21     (c) Procedures for the use on private property of materials

44-22  purchased by the State to prevent damage caused by elk or game

44-23  mammals not native to this state.

44-24     (d) Any other regulations necessary to carry out the provisions

44-25  of this section and NRS 504.155 and 504.175.

44-26     3.  The regulations must:

44-27     (a) Provide for the payment of money or other compensation to

44-28  cover the costs of labor and materials necessary to prevent or

44-29  mitigate damage to private property and privately maintained

44-30  improvements caused by elk or game mammals not native to this

44-31  state.

44-32     (b) Prohibit a person who has, within a particular calendar year,

44-33  applied for or received a special incentive elk tag pursuant to NRS

44-34  502.142 from applying, within the same calendar year, for

44-35  compensation pursuant to this section for the same private land.

44-36     4.  Money may not be disbursed to a claimant pursuant to this

44-37  section unless the claimant shows by a preponderance of the

44-38  evidence that the damage for which he is seeking compensation was

44-39  caused solely by elk or game mammals not native to this state.

44-40     Sec. 102.  NRS 504.175 is hereby amended to read as follows:

44-41     504.175  The [Administrator] Director shall, on or before the

44-42  fifth calendar day of each regular session of the Legislature, submit

44-43  to the Legislature a report summarizing the actions taken by the

44-44  [Division] Department to prevent or mitigate damage caused by elk

44-45  or game mammals not native to this state. The report must include a

45-1  list of the expenditures made pursuant to this section and NRS

45-2  504.155 and 504.165 during the preceding biennium and a

45-3  determination of the amount of money remaining for those

45-4  purposes.

45-5      Sec. 103.  NRS 504.185 is hereby amended to read as follows:

45-6      504.185  The provisions of NRS 504.155 to 504.185, inclusive,

45-7  do not apply to:

45-8      1.  Alternative livestock; or

45-9      2.  Game mammals not native to this state,

45-10  that are held in captivity for purposes other than as required by the

45-11  [Division.] Department.

45-12     Sec. 104.  NRS 504.245 is hereby amended to read as follows:

45-13     504.245  1.  Any species of wildlife, including alternative

45-14  livestock, that:

45-15     (a) Is released from confinement without the prior written

45-16  authorization of the [Division;] Department; or

45-17     (b) Escapes from the possessor’s control,

45-18  may be captured, seized or destroyed by the [Division] Department

45-19  if the [Division] Department determines that such actions are

45-20  necessary to protect wildlife and the habitat of wildlife in this state.

45-21     2.  The owner or possessor of such wildlife:

45-22     (a) Shall report its escape immediately after receiving

45-23  knowledge of the escape; and

45-24     (b) Is liable for the costs incurred by the [Division] Department

45-25  to capture, maintain and dispose of the wildlife and for any damage

45-26  caused by the wildlife.

45-27     3.  The [Division] Department is not liable for any damage to

45-28  wildlife, or caused by wildlife, in carrying out the provisions of this

45-29  section.

45-30     Sec. 105.  NRS 504.295 is hereby amended to read as follows:

45-31     504.295  1.  Except as otherwise provided in this section and

45-32  NRS 503.590, or unless otherwise specified by a regulation adopted

45-33  by the Commission, no person may:

45-34     (a) Possess any live wildlife unless he is licensed by the

45-35  [Division] Department to do so.

45-36     (b) Capture live wildlife in this state to stock a commercial or

45-37  noncommercial wildlife facility.

45-38     (c) Possess or release from confinement any mammal for the

45-39  purposes of hunting.

45-40     2.  The Commission shall adopt regulations for the possession

45-41  of live wildlife. The regulations must set forth the species of wildlife

45-42  which may be possessed and propagated, and provide for the

45-43  inspection by the [Division] Department of any related facilities.

45-44     3.  In accordance with the regulations of the Commission, the

45-45  [Division] Department may issue commercial and noncommercial

46-1  licenses for the possession of live wildlife upon receipt of the

46-2  applicable fee.

46-3      4.  The provisions of this section do not apply to alternative

46-4  livestock and products made therefrom.

46-5      Sec. 106.  NRS 504.310 is hereby amended to read as follows:

46-6      504.310  1.  Before being entitled to the benefits of any

46-7  commercial or private shooting preserve, the owner or proprietor

46-8  thereof must make application to the [Division.] Department. The

46-9  application must set forth:

46-10     (a) The name and location of the shooting preserve.

46-11     (b) A legal description of the area included in the preserve.

46-12     (c) A statement whether the preserve is to be a commercial or

46-13  private preserve.

46-14     (d) If the application is for a commercial shooting preserve, a

46-15  statement of fees that are to be collected for the privilege of

46-16  shooting on the preserve.

46-17     2.  If, after investigation, the [Division] Department is satisfied

46-18  that the tract is suitable for the purpose, and that the establishment

46-19  of such a preserve will not conflict with the public interest, the

46-20  [Division] Department may issue a commercial or private shooting

46-21  preserve license upon the payment of a license fee as provided in

46-22  NRS 502.240.

46-23     Sec. 107.  NRS 504.320 is hereby amended to read as follows:

46-24     504.320  1.  Before any shooting may be done on such

46-25  commercial or private shooting preserve, the licensee must advise

46-26  the [Division,] Department, in writing, of the number of each

46-27  species of upland game bird reared, purchased or acquired for

46-28  liberation, and request, and receive in writing, a shooting

46-29  authorization which states the number of each species which may be

46-30  taken by shooting.

46-31     2.  Birds must be at least 8 weeks of age, full winged, and in a

46-32  condition to go wild before liberation. Before release, all birds must

46-33  be banded with legbands, the specifications of which must be

46-34  determined by Commission regulation. Legbands must remain with

46-35  the birds and not be removed until the birds are utilized by the

46-36  hunter.

46-37     3.  The licensee, or with his written permit the holder thereof,

46-38  may take such upland game bird from such licensed preserve by

46-39  shooting only, from August 1 to April 30, inclusive.

46-40     4.  Permits to hunt on such licensed preserve may be used only

46-41  on the date of issuance, and the hunter must carry the permit on his

46-42  person at all times while on the area and while in possession of birds

46-43  taken on such area.

 

 

47-1      Sec. 108.  NRS 504.350 is hereby amended to read as follows:

47-2      504.350  1.  No game bird taken in accordance with the

47-3  provisions of NRS 504.300 to 504.380, inclusive, may be removed

47-4  from the licensed premises until the licensee or his agent has

47-5  attached thereto an invoice, signed by the licensee or his agent,

47-6  stating:

47-7      (a) The number of his license.

47-8      (b) The name of the shooting preserve.

47-9      (c) The date that the birds were killed.

47-10     (d) The kind and number of such birds.

47-11     (e) The name and address of the hunter killing such birds.

47-12     2.  The invoice must authorize transportation and use of the

47-13  birds.

47-14     3.  Within 1 week thereafter, the licensee or his agent shall

47-15  mail, postpaid, a duplicate of the invoice to the [Division.]

47-16  Department.

47-17     Sec. 109.  NRS 504.360 is hereby amended to read as follows:

47-18     504.360  Every licensee of a commercial or private shooting

47-19  preserve under this chapter shall keep records and make an annual

47-20  report to the [Division] Department of the number of birds released

47-21  and the number of birds killed on the preserve. The report must be

47-22  verified by the affidavit of the licensee or his agent. The record must

47-23  be continuous and kept on the premises described in the application

47-24  for license, and the licensee shall allow any person authorized to

47-25  enforce the provisions of this title to enter such premises and inspect

47-26  his operations and records at all reasonable hours.

47-27     Sec. 110.  NRS 504.390 is hereby amended to read as follows:

47-28     504.390  1.  As used in this section, unless the context requires

47-29  otherwise, “guide” means to assist another person in hunting wild

47-30  mammals or wild birds and fishing and includes the transporting of

47-31  another person or his equipment to hunting and fishing locations

47-32  within a general hunting and fishing area whether or not the guide

47-33  determines the destination or course of travel.

47-34     2.  Every person who provides guide service for compensation

47-35  or provides guide service as an incidental service to customers of

47-36  any commercial enterprise, whether a direct fee is charged for the

47-37  guide service or not, shall obtain a master guide license from the

47-38  [Division.] Department. Such a license must not be issued to any

47-39  person who has not reached 21 years of age.

47-40     3.  Each person who assists a person who is required to have a

47-41  master guide license and acts as a guide in the course of that activity

47-42  shall obtain a subguide license from the [Division.] Department.

47-43  Such a license must not be issued to any person who has not reached

47-44  18 years of age.

48-1      4.  Fees for master guide and subguide licenses must be as

48-2  provided in NRS 502.240.

48-3      5.  Any person who desires a master guide license must apply

48-4  for the license on a form prescribed and furnished by the [Division.]

48-5  Department. The application must contain the social security

48-6  number of the applicant and such other information as the

48-7  Commission may require by regulation. If that person was not

48-8  licensed as a master guide during the previous licensing year, his

48-9  application must be accompanied by a fee of $500, which is not

48-10  refundable.

48-11     6.  Any person who desires a subguide license must apply for

48-12  the license on a form prescribed and furnished by the [Division.]

48-13  Department.

48-14     7.  If the holder of a master guide license operates with pack or

48-15  riding animals, he shall also have a grazing or special use permit if

48-16  he operates in any area where such a permit is required.

48-17     8.  The holder of a master guide license shall maintain records

48-18  of the number of hunters and fishermen served, and any other

48-19  information which the [Division] Department may require

48-20  concerning fish and game taken by such persons. Such information

48-21  must be furnished to the [Division] Department on request.

48-22     9.  If any licensee under this section, or person served by a

48-23  licensee, is convicted of a violation of any provision of this title or

48-24  chapter 488 of NRS, the Commission may revoke the license of the

48-25  licensee and may refuse issuance of another license to the licensee

48-26  for a period not to exceed 5 years.

48-27     10.  The Commission may adopt regulations covering the

48-28  conduct and operation of a guide service.

48-29     11.  The [Division] Department may issue master guide and

48-30  subguide licenses to be valid only in certain districts in such a

48-31  manner as may be determined by the regulations of the Commission.

48-32     Sec. 111.  NRS 504.393 is hereby amended to read as follows:

48-33     504.393  The [Division] Department shall, upon request of the

48-34  Welfare Division of the Department of Human Resources, submit to

48-35  the Welfare Division the name, address and social security number

48-36  of each person who holds a master guide license or subguide license

48-37  and any pertinent changes in that information.

48-38     Sec. 112.  NRS 504.398 is hereby amended to read as follows:

48-39     504.398  1.  If the [Division] Department receives a copy of a

48-40  court order issued pursuant to NRS 425.540 that provides for the

48-41  suspension of all professional, occupational and recreational

48-42  licenses, certificates and permits issued to a person who is the

48-43  holder of a master guide license or subguide license, the [Division]

48-44  Department shall deem the license issued to that person to be

48-45  suspended at the end of the 30th day after the date on which the

49-1  court order was issued unless the [Division] Department receives a

49-2  letter issued to the holder of the license by the district attorney or

49-3  other public agency pursuant to NRS 425.550 stating that the holder

49-4  of the license has complied with the subpoena or warrant or has

49-5  satisfied the arrearage pursuant to NRS 425.560.

49-6      2.  The [Division] Department shall reinstate a master guide

49-7  license or subguide license that has been suspended by a district

49-8  court pursuant to NRS 425.540 if the [Division] Department

49-9  receives a letter issued by the district attorney or other public agency

49-10  pursuant to NRS 425.550 to the person whose license was

49-11  suspended stating that the person whose license was suspended has

49-12  complied with the subpoena or warrant or has satisfied the arrearage

49-13  pursuant to NRS 425.560.

49-14     Sec. 113.  NRS 505.025 is hereby amended to read as follows:

49-15     505.025  The [Division] Department shall, upon request of the

49-16  Welfare Division of the Department of Human Resources, submit to

49-17  the Welfare Division the name, address and social security number

49-18  of each person who holds a fur dealer’s license and any pertinent

49-19  changes in that information.

49-20     Sec. 114.  NRS 505.035 is hereby amended to read as follows:

49-21     505.035  1.  If the [Division] Department receives a copy of a

49-22  court order issued pursuant to NRS 425.540 that provides for the

49-23  suspension of all professional, occupational and recreational

49-24  licenses, certificates and permits issued to a person who is the

49-25  holder of a fur dealer’s license, the [Division] Department shall

49-26  deem the license issued to that person to be suspended at the end of

49-27  the 30th day after the date on which the court order was issued

49-28  unless the [Division] Department receives a letter issued to the

49-29  holder of the license by the district attorney or other public agency

49-30  pursuant to NRS 425.550 stating that the holder of the license has

49-31  complied with the subpoena or warrant or has satisfied the arrearage

49-32  pursuant to NRS 425.560.

49-33     2.  The [Division] Department shall reinstate a fur dealer’s

49-34  license that has been suspended by a district court pursuant to NRS

49-35  425.540 if the [Division] Department receives a letter issued by the

49-36  district attorney or other public agency pursuant to NRS 425.550 to

49-37  the person whose license was suspended stating that the person

49-38  whose license was suspended has complied with the subpoena or

49-39  warrant or has satisfied the arrearage pursuant to NRS 425.560.

49-40     Sec. 115.  NRS 506.020 is hereby amended to read as follows:

49-41     506.020  The [Administrator of the Division of Wildlife of the

49-42  State Department of Conservation and Natural Resources] Director

49-43  shall appoint a person to serve on the Board of Compact

49-44  Administrators as the Compact Administrator for this state as

50-1  required by section 1 of article VII of the Wildlife [Violators]

50-2  Violator Compact.

50-3      Sec. 116.  NRS 62.229 is hereby amended to read as follows:

50-4      62.229  In addition to the options set forth in NRS 62.211 and

50-5  62.213 and the requirements of NRS 62.228, if a child is adjudicated

50-6  delinquent pursuant to paragraph (b) of subsection 1 of NRS 62.040

50-7  because he handled or possessed a firearm or had a firearm under

50-8  his control in violation of NRS 202.300, the court shall order that

50-9  any license to hunt issued to the child pursuant to chapter 502 of

50-10  NRS must be revoked by the [Division of Wildlife of the State]

50-11  Department of [Conservation and Natural Resources] Wildlife and

50-12  that the child shall not receive a license to hunt within the 2 years

50-13  following the date of the order or until he is 18 years of age,

50-14  whichever is later. The judge shall require the child to surrender to

50-15  the court any license to hunt then held by the child. The court shall,

50-16  within 5 days after issuing the order, forward to the [Division]

50-17  Department of Wildlife any license to hunt surrendered by the child,

50-18  together with a copy of the order.

50-19     Sec. 117.  NRS 232.090 is hereby amended to read as follows:

50-20     232.090  1.  The Department consists of the Director and the

50-21  following divisions:

50-22     (a) The Division of Water Resources.

50-23     (b) The Division of State Lands.

50-24     (c) The Division of Forestry.

50-25     (d) The Division of State Parks.

50-26     (e) The Division of Conservation Districts.

50-27     (f) The Division of Environmental Protection.

50-28     (g) The Division of Water Planning.

50-29     (h) [The Division of Wildlife.

50-30     (i)] Such other divisions as the Director may from time to time

50-31  establish.

50-32     2.  The State Environmental Commission, the State

50-33  Conservation Commission, the Commission for the Preservation of

50-34  Wild Horses, the Nevada Natural Heritage Program and the Board

50-35  to Review Claims are within the Department.

50-36     Sec. 118.  NRS 242.131 is hereby amended to read as follows:

50-37     242.131  1.  The Department shall provide state agencies and

50-38  elected state officers with all their required design of information

50-39  systems. All agencies and officers must use those services and

50-40  equipment, except as otherwise provided in subsection 2.

50-41     2.  The following agencies may negotiate with the Department

50-42  for its services or the use of its equipment, subject to the provisions

50-43  of this chapter, and the Department shall provide those services and

50-44  the use of that equipment as may be mutually agreed:

50-45     (a) The Court Administrator;

51-1      (b) The Department of Motor Vehicles;

51-2      (c) The Department of Public Safety;

51-3      (d) The Department of Transportation;

51-4      (e) The Employment Security Division of the Department of

51-5  Employment, Training and Rehabilitation;

51-6      (f) The [Division of Wildlife of the State] Department of

51-7  [Conservation and Natural Resources;] Wildlife;

51-8      (g) The Legislative Counsel Bureau;

51-9      (h) The State Controller;

51-10     (i) The State Gaming Control Board and Nevada Gaming

51-11  Commission; and

51-12     (j) The University and Community College System of Nevada.

51-13     3.  Any state agency or elected state officer who uses the

51-14  services of the Department and desires to withdraw substantially

51-15  from that use must apply to the Director for approval. The

51-16  application must set forth justification for the withdrawal. If the

51-17  Director denies the application, the agency or officer must:

51-18     (a) If the Legislature is in regular or special session, obtain the

51-19  approval of the Legislature by concurrent resolution.

51-20     (b) If the Legislature is not in regular or special session, obtain

51-21  the approval of the Interim Finance Committee. The Director shall,

51-22  within 45 days after receipt of the application, forward the

51-23  application together with his recommendation for approval or denial

51-24  to the Interim Finance Committee. The Interim Finance Committee

51-25  has 45 days after the application and recommendation are submitted

51-26  to its Secretary within which to consider the application. Any

51-27  application which is not considered by the Committee within the 45-

51-28  day period shall be deemed approved.

51-29     4.  If the demand for services or use of equipment exceeds the

51-30  capability of the Department to provide them, the Department may

51-31  contract with other agencies or independent contractors to furnish

51-32  the required services or use of equipment and is responsible for the

51-33  administration of the contracts.

51-34     Sec. 119.  NRS 321.385 is hereby amended to read as follows:

51-35     321.385  The State Land Registrar, after consultation with the

51-36  Division of Forestry of the State Department of Conservation and

51-37  Natural Resources, may:

51-38     1.  Sell timber from any land owned by the State of Nevada

51-39  which is not assigned to the [Division of Wildlife of the State]

51-40  Department of [Conservation and Natural Resources.] Wildlife.

51-41     2.  At the request of the [Administrator] Director of the

51-42  [Division of Wildlife of the State] Department of [Conservation and

51-43  Natural Resources,] Wildlife, sell timber from any land owned by

51-44  the State of Nevada which is assigned to the [Division] Department

51-45  of Wildlife. Revenues from the sale of such timber must be

52-1  deposited with the State Treasurer for credit to the Wildlife Account

52-2  in the State General Fund.

52-3      Sec. 120.  NRS 331.165 is hereby amended to read as follows:

52-4      331.165  1.  The Marlette Lake Water System Advisory

52-5  Committee is hereby created to be composed of:

52-6      (a) One member appointed by the [Administrator] Director of

52-7  the [Division of Wildlife of the State] Department of [Conservation

52-8  and Natural Resources.] Wildlife.

52-9      (b) One member appointed by the Administrator of the Division

52-10  of State Parks.

52-11     (c) Three members from the State Legislature, including at least

52-12  one member of the Senate and one member of the Assembly,

52-13  appointed by the Legislative Commission.

52-14     (d) One member from the staff of the Legislative Counsel

52-15  Bureau appointed by the Legislative Commission. The member so

52-16  appointed shall serve as a nonvoting member of the Advisory

52-17  Committee.

52-18     (e) One member appointed by the State Forester Firewarden.

52-19     (f) One member appointed by the Department of

52-20  Administration.

52-21     2.  The voting members of the Advisory Committee shall select

52-22  one of the legislative members of the Advisory Committee as

52-23  Chairman and one as Vice Chairman. After the initial selection of a

52-24  Chairman and Vice Chairman, each such officer serves a term of 2

52-25  years beginning on July 1 of each odd-numbered year. If a vacancy

52-26  occurs in the Chairmanship or Vice Chairmanship, the person

52-27  appointed to succeed that officer shall serve for the remainder of the

52-28  unexpired term.

52-29     3.  The Director of the Legislative Counsel Bureau shall

52-30  provide a Secretary for the Advisory Committee.

52-31     4.  Members of the Advisory Committee serve at the pleasure

52-32  of their respective appointing authorities.

52-33     5.  The Advisory Committee may make recommendations to

52-34  the Legislative Commission, the Interim Finance Committee, the

52-35  Department of Administration, the State Department of

52-36  Conservation and Natural Resources , and the Governor concerning

52-37  any matters relating to the Marlette Lake Water System or any part

52-38  thereof.

52-39     Sec. 121.  NRS 353.250 is hereby amended to read as follows:

52-40     353.250  1.  The State Treasurer shall designate the financial

52-41  institutions into which money received by a state officer, department

52-42  or commission must be deposited.

52-43     2.  Except as otherwise provided in subsections 3 and 4, every

52-44  state officer, department or commission which receives or which

52-45  may receive any money of the State of Nevada or for its use and

53-1  benefit shall deposit on Thursday of each week, in a financial

53-2  institution designated by the State Treasurer to the credit of the State

53-3  Treasurer’s Account, all money received by that officer, department

53-4  or commission during the previous week.

53-5      3.  Except as otherwise provided in subsection 4, if on any day

53-6  the money accumulated for deposit is $10,000 or more, a deposit

53-7  must be made not later than the next working day.

53-8      4.  If the [Division of Wildlife of the State] Department of

53-9  [Conservation and Natural Resources] Wildlife accumulates for

53-10  deposit $10,000 or more on any day, the money must be deposited

53-11  within 10 working days.

53-12     5.  Every officer, department or commission which is required

53-13  to deposit money with the State Treasurer shall comply with that

53-14  requirement by depositing the money in a financial institution

53-15  designated by the State Treasurer to the credit of the State

53-16  Treasurer’s Account.

53-17     6.  Every officer, head of any department or commissioner who

53-18  fails to comply with the provisions of this section is guilty of a

53-19  misdemeanor in office.

53-20     7.  As used in this section, “financial institution” means a bank,

53-21  savings and loan association, thrift company or credit union

53-22  regulated pursuant to title 55 or 56 of NRS.

53-23     Sec. 122.  NRS 361.055 is hereby amended to read as follows:

53-24     361.055  1.  All lands and other property owned by the State

53-25  are exempt from taxation, except real property acquired by the State

53-26  of Nevada and assigned to the [Division of Wildlife of the State]

53-27  Department of [Conservation and Natural Resources] Wildlife

53-28  which is or was subject to taxation under the provisions of this

53-29  chapter at the time of acquisition.

53-30     2.  In lieu of payment of taxes on each parcel of real property

53-31  acquired by it which is subject to assessment and taxation pursuant

53-32  to subsection 1, the [Division of Wildlife of the State] Department

53-33  of [Conservation and Natural Resources] Wildlife shall make annual

53-34  [payment] payments to the county tax receiver of the county

53-35  wherein each such parcel of real property is located of an amount

53-36  equal to the total taxes levied and assessed against each such parcel

53-37  of real property in the year in which title to it was acquired by the

53-38  State of Nevada.

53-39     3.  Such payments in lieu of taxes must be collected and

53-40  accounted for in the same manner as taxes levied and assessed

53-41  against real property pursuant to this chapter are collected and

53-42  accounted for.

53-43     4.  Money received pursuant to this section must be apportioned

53-44  each year to the counties, school districts and cities wherein each

53-45  such parcel of real property is located in the proportion that the tax

54-1  rate of each such political subdivision bears to the total combined

54-2  tax rate in effect for that year.

54-3      Sec. 123.  NRS 365.535 is hereby amended to read as follows:

54-4      365.535  1.  It is declared to be the policy of the State of

54-5  Nevada to apply the tax on motor vehicle fuel paid on fuel used in

54-6  watercraft for recreational purposes during each calendar year,

54-7  which is hereby declared to be not refundable to the consumer, for

54-8  the:

54-9      (a) Improvement of boating and the improvement, operation and

54-10  maintenance of other outdoor recreational facilities located in any

54-11  state park that includes a body of water used for recreational

54-12  purposes; and

54-13     (b) Payment of the costs incurred, in part, for the administration

54-14  and enforcement of the provisions of chapter 488 of NRS.

54-15     2.  The amount of excise taxes paid on all motor vehicle fuel

54-16  used in watercraft for recreational purposes must be determined

54-17  annually by the Department by use of the following formula:

54-18     (a) Multiplying the total boats with motors registered the

54-19  previous calendar year, pursuant to provisions of chapter 488 of

54-20  NRS, times 220.76 gallons average fuel purchased per boat;

54-21     (b) Adding 566,771 gallons of fuel purchased by out-of-state

54-22  boaters as determined through a study conducted during 1969-1970

54-23  by the Division of Agricultural and Resource Economics,

54-24  Max C. Fleischmann College of Agriculture, University of Nevada,

54-25  Reno; and

54-26     (c) Multiplying the total gallons determined by adding the total

54-27  obtained under paragraph (a) to the figure in paragraph (b) times the

54-28  rate of tax, per gallon, imposed on motor vehicle fuel used in

54-29  watercraft for recreational purposes, less the percentage of the tax

54-30  authorized to be deducted by the supplier pursuant to NRS 365.330.

54-31     3.  The [Division of Wildlife of the State] Department of

54-32  [Conservation and Natural Resources] Wildlife shall submit

54-33  annually to the Department, on or before April 1, the number of

54-34  boats with motors registered in the previous calendar year. On or

54-35  before June 1, the Department, using that data, shall compute the

54-36  amount of excise taxes paid on all motor vehicle fuel used in

54-37  watercraft for recreational purposes based on the formula set forth in

54-38  subsection 2, and shall certify the ratio for apportionment and

54-39  distribution, in writing, to the [Division of Wildlife of the State]

54-40  Department of [Conservation and Natural Resources] Wildlife and

54-41  to the Division of State Parks of the State Department of

54-42  Conservation and Natural Resources for the next fiscal year.

54-43     4.  In each fiscal year, the State Treasurer shall, upon receipt of

54-44  the tax money from the Department collected pursuant to the

54-45  provisions of NRS 365.175 to 365.190, inclusive, allocate the

55-1  amount determined pursuant to subsection 2, in proportions directed

55-2  by the Legislature, to:

55-3      (a) The Wildlife Account in the State General Fund. This money

55-4  may be expended only for the administration and enforcement of the

55-5  provisions of chapter 488 of NRS and for the improvement,

55-6  operation and maintenance of boating facilities and other outdoor

55-7  recreational facilities associated with boating. Any money received

55-8  in excess of the amount authorized by the Legislature to be

55-9  expended for such purposes must be retained in the Wildlife

55-10  Account.

55-11     (b) The Division of State Parks of the State Department of

55-12  Conservation and Natural Resources. Such money may be expended

55-13  only as authorized by the Legislature for the improvement,

55-14  operation and maintenance of boating facilities and other outdoor

55-15  recreational facilities located in any state park that includes a body

55-16  of water used for recreational purposes.

55-17     Sec. 124.  NRS 425.500 is hereby amended to read as follows:

55-18     425.500  As used in NRS 425.500 to 425.560, inclusive, unless

55-19  the context otherwise requires, “agency that issues a professional,

55-20  occupational or recreational license, certificate or permit” means the

55-21  [Division of Wildlife of the State] Department of [Conservation and

55-22  Natural Resources] Wildlife and any officer, agency, board or

55-23  commission of this state which is prohibited by specific statute from

55-24  issuing or renewing a license, certificate or permit unless the

55-25  applicant for the issuance or renewal of that license, certificate or

55-26  permit submits to the officer, agency, board or commission the

55-27  statement prescribed by the [Welfare] Division pursuant to

55-28  NRS 425.520.

55-29     Sec. 125.  NRS 425.520 is hereby amended to read as follows:

55-30     425.520  1.  The [Welfare] Division shall prescribe, by

55-31  regulation, a statement which must be submitted to an agency that

55-32  issues a professional, occupational or recreational license, certificate

55-33  or permit, other than the [Division of Wildlife of the State]

55-34  Department of [Conservation and Natural Resources,] Wildlife, by

55-35  an applicant for the issuance or renewal of such a license, certificate

55-36  or permit.

55-37     2.  The statement prescribed pursuant to subsection 1 must:

55-38     (a) Provide the applicant with an opportunity to indicate that:

55-39         (1) He is not subject to a court order for the support of a

55-40  child;

55-41         (2) He is subject to a court order for the support of one or

55-42  more children and is in compliance with the order or is in

55-43  compliance with a plan approved by the district attorney or other

55-44  public agency enforcing the order for the repayment of the amount

55-45  owed pursuant to the order; or

56-1          (3) He is subject to a court order for the support of one or

56-2  more children and is not in compliance with the order or a plan

56-3  approved by the district attorney or other public agency enforcing

56-4  the order for the repayment of the amount owed pursuant to the

56-5  order;

56-6      (b) Include a statement that the application for the issuance or

56-7  renewal of the license, certificate or permit will be denied if the

56-8  applicant does not indicate on the statement which of the provisions

56-9  of paragraph (a) applies to the applicant; and

56-10     (c) Include a space for the signature of the applicant.

56-11     Sec. 126.  NRS 425.540 is hereby amended to read as follows:

56-12     425.540  1.  If a master enters a recommendation determining

56-13  that a person:

56-14     (a) Has failed to comply with a subpoena or warrant relating to a

56-15  proceeding to determine the paternity of a child or to establish or

56-16  enforce an obligation for the support of a child; or

56-17     (b) Is in arrears in the payment for the support of one or more

56-18  children,

56-19  and the district court issues an order approving the recommendation

56-20  of the master, the court shall provide a copy of the order to all

56-21  agencies that issue professional, occupational or recreational

56-22  licenses, certificates or permits.

56-23     2.  A court order issued pursuant to subsection 1 must provide

56-24  that if the person named in the order does not, within 30 days after

56-25  the date on which the order is issued, submit to any agency that has

56-26  issued a professional, occupational or recreational license, certificate

56-27  or permit to that person a letter from the district attorney or other

56-28  public agency stating that the person has complied with the

56-29  subpoena or warrant or has satisfied the arrearage pursuant to NRS

56-30  425.560, the professional, occupational or recreational licenses

56-31  issued to the person by that agency will be automatically suspended.

56-32  Such an order must not apply to a license, certificate or permit

56-33  issued by the [Division of Wildlife of the State] Department of

56-34  [Conservation and Natural Resources] Wildlife or the State Land

56-35  Registrar if that license, certificate or permit expires less than 6

56-36  months after it is issued.

56-37     3.  If a court issues an order pursuant to subsection 1, the

56-38  district attorney or other public agency shall send a notice by first-

56-39  class mail to the person who is subject to the order. The notice must

56-40  include:

56-41     (a) If the person has failed to comply with a subpoena or

56-42  warrant, a copy of the court order and a copy of the subpoena or

56-43  warrant; or

56-44     (b) If the person is in arrears in the payment for the support of

56-45  one or more children:

57-1          (1) A copy of the court order;

57-2          (2) A statement of the amount of the arrearage; and

57-3          (3) A statement of the action that the person may take to

57-4  satisfy the arrearage pursuant to NRS 425.560.

57-5      Sec. 127.  NRS 432B.610 is hereby amended to read as

57-6  follows:

57-7      432B.610  1.  The Peace Officers’ Standards and Training

57-8  Commission shall:

57-9      (a) Require each category I peace officer to complete a program

57-10  of training for the detection and investigation of and response to

57-11  cases of sexual abuse or sexual exploitation of children under the

57-12  age of 18 years.

57-13     (b) Not certify any person as a category I peace officer unless he

57-14  has completed the program of training required pursuant to

57-15  paragraph (a).

57-16     (c) Establish a program to provide the training required pursuant

57-17  to paragraph (a).

57-18     (d) Adopt regulations necessary to carry out the provisions of

57-19  this section.

57-20     2.  As used in this section, “category I peace officer” means:

57-21     (a) Sheriffs of counties and of metropolitan police departments,

57-22  their deputies and correctional officers;

57-23     (b) Personnel of the Nevada Highway Patrol appointed to

57-24  exercise the police powers specified in NRS 480.330 and 480.360;

57-25     (c) Marshals, policemen and correctional officers of cities and

57-26  towns;

57-27     (d) Members of the Police Department of the University and

57-28  Community College System of Nevada;

57-29     (e) Employees of the Division of State Parks of the State

57-30  Department of Conservation and Natural Resources designated by

57-31  the Administrator of the Division who exercise police powers

57-32  specified in NRS 289.260;

57-33     (f) The Chief, investigators and agents of the Investigation

57-34  Division of the Department of Public Safety; and

57-35     (g) The personnel of the [Division of Wildlife of the State]

57-36  Department of [Conservation and Natural Resources] Wildlife who

57-37  exercise those powers of enforcement conferred by title 45 and

57-38  chapter 488 of NRS.

57-39     Sec. 128.  NRS 445A.615 is hereby amended to read as

57-40  follows:

57-41     445A.615  1.  The Director may [authorize the Division of

57-42  Wildlife of] issue a permit to the Department of Wildlife to kill fish

57-43  through the use of toxicants.

57-44     2.  The [Director shall] permit must indicate the terms and

57-45  conditions under which the use of toxicants may take place.

58-1      Sec. 129.  NRS 445B.200 is hereby amended to read as

58-2  follows:

58-3      445B.200  1.  The State Environmental Commission is hereby

58-4  created within the State Department of Conservation and Natural

58-5  Resources. The Commission consists of:

58-6      (a) The [Administrator of the Division of Wildlife] Director of

58-7  the Department[;] of Wildlife;

58-8      (b) The State Forester Firewarden;

58-9      (c) The State Engineer;

58-10     (d) The Director of the State Department of Agriculture;

58-11     (e) The Administrator of the Division of Minerals of the

58-12  Commission on Mineral Resources;

58-13     (f) A member of the State Board of Health to be designated by

58-14  that Board; and

58-15     (g) Five members appointed by the Governor, one of whom is a

58-16  general engineering contractor or a general building contractor

58-17  licensed pursuant to chapter 624 of NRS and one of whom

58-18  possesses expertise in performing mining reclamation.

58-19     2.  The Governor shall appoint the Chairman of the

58-20  Commission from among the members of the Commission.

58-21     3.  A majority of the members constitutes a quorum, and a

58-22  majority of those present must concur in any decision.

58-23     4.  Each member who is appointed by the Governor is entitled

58-24  to receive a salary of not more than $80, as fixed by the

58-25  Commission, for each day’s attendance at a meeting of the

58-26  Commission.

58-27     5.  While engaged in the business of the Commission, each

58-28  member and employee of the Commission is entitled to receive the

58-29  per diem allowance and travel expenses provided for state officers

58-30  and employees generally.

58-31     6.  Any person who receives or has received during the

58-32  previous 2 years a significant portion of his income, as defined by

58-33  any applicable state or federal law, directly or indirectly from one or

58-34  more holders of or applicants for a permit required by NRS

58-35  445A.300 to 445A.730, inclusive, is disqualified from serving as a

58-36  member of the Commission. The provisions of this subsection do

58-37  not apply to any person who receives or has received during the

58-38  previous 2 years, a significant portion of his income from any

58-39  department or agency of state government which is a holder of or an

58-40  applicant for a permit required by NRS 445A.300 to 445A.730,

58-41  inclusive.

58-42     7.  The State Department of Conservation and Natural

58-43  Resources shall provide technical advice, support and assistance to

58-44  the Commission. All state officers, departments, commissions and

58-45  agencies, including the Department of Transportation, the

59-1  Department of Human Resources, the University and Community

59-2  College System of Nevada, the State Public Works Board, the

59-3  Department of Motor Vehicles, the Department of Public Safety, the

59-4  Public Utilities Commission of Nevada, the Transportation Services

59-5  Authority and the State Department of Agriculture may also provide

59-6  technical advice, support and assistance to the Commission.

59-7      Sec. 130.  NRS 482.368 is hereby amended to read as follows:

59-8      482.368  1.  Except as otherwise provided in subsection 2, the

59-9  Department shall provide suitable distinguishing license plates for

59-10  exempt vehicles. These plates must be displayed on the vehicles in

59-11  the same manner as provided for privately owned vehicles. The fee

59-12  for the issuance of the plates is $5. Any license plates authorized by

59-13  this section must be immediately returned to the Department when

59-14  the vehicle for which they were issued ceases to be used exclusively

59-15  for the purpose for which it was exempted from the governmental

59-16  services tax.

59-17     2.  License plates furnished for:

59-18     (a) Those vehicles which are maintained for and used by the

59-19  Governor or under the authority and direction of the Chief Parole

59-20  and Probation Officer, the State Contractors’ Board and auditors, the

59-21  State Fire Marshal, the Investigation Division of the Department of

59-22  Public Safety and any authorized federal law enforcement agency or

59-23  law enforcement agency from another state;

59-24     (b) One vehicle used by the Department of Corrections, three

59-25  vehicles used by the [Division of Wildlife of the State] Department

59-26  of [Conservation and Natural Resources,] Wildlife, two vehicles

59-27  used by the Caliente Youth Center and four vehicles used by the

59-28  Nevada Youth Training Center;

59-29     (c) Vehicles of a city, county or the State, if authorized by the

59-30  Department for the purposes of law enforcement or work related

59-31  thereto or such other purposes as are approved upon proper

59-32  application and justification; and

59-33     (d) Vehicles maintained for and used by investigators of the

59-34  following:

59-35         (1) The State Gaming Control Board;

59-36         (2) The State Department of Agriculture;

59-37         (3) The Attorney General;

59-38         (4) City or county juvenile officers;

59-39         (5) District attorneys’ offices;

59-40         (6) Public administrators’ offices;

59-41         (7) Public guardians’ offices;

59-42         (8) Sheriffs’ offices;

59-43         (9) Police departments in the State; and

 

60-1          (10) The Securities Division of the Office of the Secretary of

60-2  State,

60-3  must not bear any distinguishing mark which would serve to

60-4  identify the vehicles as owned by the State, county or city. These

60-5  license plates must be issued annually for $12 per plate or, if issued

60-6  in sets, per set.

60-7      3.  The Director may enter into agreements with departments of

60-8  motor vehicles of other states providing for exchanges of license

60-9  plates of regular series for vehicles maintained for and used by

60-10  investigators of the law enforcement agencies enumerated in

60-11  paragraph (d) of subsection 2, subject to all of the requirements

60-12  imposed by that paragraph, except that the fee required by that

60-13  paragraph must not be charged.

60-14     4.  Applications for the licenses must be made through the head

60-15  of the department, board, bureau, commission, school district or

60-16  irrigation district, or through the chairman of the board of county

60-17  commissioners of the county or town or through the mayor of the

60-18  city, owning or controlling the vehicles, and no plate or plates may

60-19  be issued until a certificate has been filed with the Department

60-20  showing that the name of the department, board, bureau,

60-21  commission, county, city, town, school district or irrigation district,

60-22  as the case may be, and the words “For Official Use Only” have

60-23  been permanently and legibly affixed to each side of the vehicle,

60-24  except those vehicles enumerated in subsection 2.

60-25     5.  As used in this section, “exempt vehicle” means a vehicle

60-26  exempt from the governmental services tax, except a vehicle owned

60-27  by the United States.

60-28     6.  The Department shall adopt regulations governing the use of

60-29  all license plates provided for in this section. Upon a finding by the

60-30  Department of any violation of its regulations, it may revoke the

60-31  violator’s privilege of registering vehicles pursuant to this section.

60-32     Sec. 131.  NRS 488.035 is hereby amended to read as follows:

60-33     488.035  As used in this chapter, unless the context otherwise

60-34  requires:

60-35     1.  “Commission” means the Board of Wildlife Commissioners.

60-36     2.  “Department” means the Department of Wildlife.

60-37     3.  “Flat wake” means the condition of the water close astern a

60-38  moving vessel that results in a flat wave disturbance.

60-39     [3.] 4.  “Interstate waters of this state” means waters forming

60-40  the boundary between the State of Nevada and an adjoining state.

60-41     5.  “Legal owner” means a secured party under a security

60-42  agreement relating to a vessel or a renter or lessor of a vessel to the

60-43  State or any political subdivision of the State under a lease or an

60-44  agreement to lease and sell or to rent and purchase which grants

61-1  possession of the vessel to the lessee for a period of 30 consecutive

61-2  days or more.

61-3      [4.] 6.  “Motorboat” means any vessel propelled by machinery,

61-4  whether or not the machinery is the principal source of propulsion.

61-5      [5.] 7.  “Operate” means to navigate or otherwise use a

61-6  motorboat or a vessel.

61-7      [6.] 8.  “Owner” means:

61-8      (a) A person having all the incidents of ownership, including the

61-9  legal title of a vessel, whether or not he lends, rents or pledges the

61-10  vessel; and

61-11     (b) A debtor under a security agreement relating to a

61-12  vessel.

61-13  “Owner” does not include a person defined as a “legal owner” under

61-14  subsection [3.] 4.

61-15     [7.] 9.  “Prohibited substance” has the meaning ascribed to it in

61-16  NRS 484.1245.

61-17     [8.] 10.  “Registered owner” means the person registered by the

61-18  Commission as the owner of a vessel.

61-19     [9.] 11.  A vessel is “under way” if it is adrift, making way[,]

61-20  or being propelled, and is not aground, made fast to the shore, or

61-21  tied or made fast to a dock or mooring.

61-22     [10.] 12.  “Vessel” means every description of watercraft, other

61-23  than a seaplane on the water, used or capable of being used as a

61-24  means of transportation on water.

61-25     [11.] 13.  “Waters of this state” means any waters within the

61-26  territorial limits of this state.

61-27     Sec. 132.  NRS 488.065 is hereby amended to read as follows:

61-28     488.065  1.  Every motorboat on the waters of this state must

61-29  be numbered and titled, except as otherwise provided in subsection

61-30  4 and NRS 488.175.

61-31     2.  Upon receipt of an original application for a certificate of

61-32  ownership or for transfer of a certificate of ownership on an

61-33  undocumented motorboat, the [Division of Wildlife of the State

61-34  Department of Conservation and Natural Resources] Department

61-35  may assign an appropriate builder’s hull number to the motorboat

61-36  whenever there is no builder’s number thereon, or when the

61-37  builder’s number has been destroyed or obliterated. The builder’s

61-38  number must be permanently marked on an integral part of the hull

61-39  which is accessible for inspection.

61-40     3.  A person shall not operate or give permission for the

61-41  operation of any motorboat on the waters of this state unless:

61-42     (a) The motorboat is numbered in accordance with the

61-43  provisions of this chapter, with applicable federal law or with

61-44  the federally approved numbering system of another state;

62-1      (b) The certificate of number awarded to the motorboat is in

62-2  effect;

62-3      (c) The identifying number set forth in the certificate of number

62-4  is displayed on each side of the bow of the motorboat; and

62-5      (d) A valid certificate of ownership has been issued to the owner

62-6  of any motorboat required to be numbered under this chapter.

62-7      4.  Any person who purchases or otherwise owns a motorboat

62-8  before January 1, 1972, is not required to obtain title for the

62-9  motorboat until he transfers any portion of his ownership in the

62-10  motorboat to another person.

62-11     Sec. 133.  NRS 488.075 is hereby amended to read as follows:

62-12     488.075  1.  The owner of each motorboat requiring

62-13  numbering by this state shall file an application for a number and for

62-14  a certificate of ownership with the [Division of Wildlife of the State

62-15  Department of Conservation and Natural Resources] Department on

62-16  forms approved by it accompanied by:

62-17     (a) Proof of payment of Nevada sales or use tax as evidenced by

62-18  proof of sale by a Nevada dealer or by a certificate of use tax paid

62-19  issued by the Department of Taxation, or by proof of exemption

62-20  from those taxes as provided in NRS 372.320.

62-21     (b) Such evidence of ownership as the [Division of Wildlife]

62-22  Department may require.

62-23  The [Division of Wildlife] Department shall not issue a number, a

62-24  certificate of number or a certificate of ownership until this evidence

62-25  is presented to it.

62-26     2.  The application must be signed by the owner of the

62-27  motorboat and must be accompanied by a fee of $15 for the

62-28  certificate of ownership and a fee according to the following

62-29  schedule as determined by the straight line length which is measured

62-30  from the tip of the bow to the back of the transom of the motorboat:

 

62-31  Less than 13 feet................................. $10

62-32  13 feet or more but less than 18 feet... 15

62-33  18 feet or more but less than 22 feet... 30

62-34  22 feet or more but less than 26 feet... 45

62-35  26 feet or more but less than 31 feet... 60

62-36  31 feet or more .................................... 75

 

62-37  Except as otherwise provided in this subsection, all fees received by

62-38  the [Division of Wildlife] Department under the provisions of this

62-39  chapter must be deposited in the Wildlife Account in the State

62-40  General Fund and may be expended only for the administration and

62-41  enforcement of the provisions of this chapter. On or before

62-42  December 31 of each year, the [Division of Wildlife] Department

62-43  shall deposit with the respective county school districts 50 percent

63-1  of each fee collected according to the motorboat’s length for every

63-2  motorboat registered from their respective counties. Upon receipt of

63-3  the application in approved form, the [Division of Wildlife]

63-4  Department shall enter the application upon the records of its office

63-5  and issue to the applicant a certificate of number stating the number

63-6  awarded to the motorboat, a certificate of ownership stating the

63-7  same information and the name and address of the registered owner

63-8  and the legal owner.

63-9      3.  A certificate of number may be renewed each year by the

63-10  purchase of a validation decal. The fee for a validation decal is

63-11  determined by the straight line length of the motorboat and is

63-12  equivalent to the fee set forth in the schedule provided in subsection

63-13  2. The fee for issuing a duplicate validation decal is $10.

63-14     4.  The owner shall paint on or attach to each side of the bow of

63-15  the motorboat the identification number in such manner as may be

63-16  prescribed by regulations of the Commission in order that the

63-17  number may be clearly visible. The number must be maintained in

63-18  legible condition.

63-19     5.  The certificate of number must be pocket size and must be

63-20  available at all times for inspection on the motorboat for which

63-21  issued, whenever the motorboat is in operation.

63-22     6.  The Commission shall provide by regulation for the issuance

63-23  of numbers to manufacturers and dealers which may be used

63-24  interchangeably upon motorboats operated by the manufacturers and

63-25  dealers in connection with the demonstration, sale or exchange of

63-26  those motorboats. The fee for each such number is $15.

63-27     Sec. 134.  NRS 488.078 is hereby amended to read as follows:

63-28     488.078  The [Division of Wildlife of the State Department of

63-29  Conservation and Natural Resources] Department shall, upon

63-30  request of the Welfare Division of the Department of Human

63-31  Resources, submit to the Welfare Division the name, address and

63-32  social security number of each person who has been issued a

63-33  certificate of number or a validation decal and any pertinent changes

63-34  in that information.

63-35     Sec. 135.  NRS 488.105 is hereby amended to read as follows:

63-36     488.105  If an agency of the United States Government has in

63-37  force an overall system of identification numbering for motorboats

63-38  within the United States, the numbering system employed pursuant

63-39  to the provisions of this chapter by the [Division of Wildlife of the

63-40  State Department of Conservation and Natural Resources]

63-41  Department must be in conformity therewith.

63-42     Sec. 136.  NRS 488.115 is hereby amended to read as follows:

63-43     488.115  1.  The [Division of Wildlife of the State Department

63-44  of Conservation and Natural Resources] Department may award

63-45  any certificate of number directly or may authorize any person to act

64-1  as an agent for the awarding thereof. If a person accepts the

64-2  authorization, he may be assigned a block of numbers and

64-3  certificates therefor which upon award, in conformity with the

64-4  provisions of this chapter and with any regulations of the

64-5  Commission, is valid as if awarded directly by the [Division of

64-6  Wildlife.] Department. At the time an agent forwards the money

64-7  collected to the [Division of Wildlife] Department he may retain 50

64-8  cents per certificate of number.

64-9      2.  All records of the [Division of Wildlife] Department made

64-10  or kept pursuant to this section are public records.

64-11     Sec. 137.  NRS 488.135 is hereby amended to read as follows:

64-12     488.135  The [Division of Wildlife of the State Department of

64-13  Conservation and Natural Resources] Department shall fix a day

64-14  and month of the year on which certificates of number due to expire

64-15  during the calendar year lapse unless renewed pursuant to the

64-16  provisions of this chapter.

64-17     Sec. 138.  NRS 488.145 is hereby amended to read as follows:

64-18     488.145  1.  The owner shall furnish the [Division of Wildlife

64-19  of the State Department of Conservation and Natural Resources]

64-20  Department notice of the destruction or abandonment of any

64-21  motorboat numbered under this chapter, within 10 days thereof.

64-22     2.  Such destruction or abandonment terminates the certificate

64-23  of number for the motorboat.

64-24     Sec. 139.  NRS 488.155 is hereby amended to read as follows:

64-25     488.155  1.  Any holder of a certificate of number and a

64-26  certificate of ownership shall notify the [Division of Wildlife of the

64-27  State Department of Conservation and Natural Resources]

64-28  Department, within 10 days, if his address no longer conforms to

64-29  the address appearing on the certificates and shall, as a part of the

64-30  notification, furnish the [Division of Wildlife] Department with his

64-31  new address.

64-32     2.  The Commission may provide in its regulations for the

64-33  surrender of the certificates bearing the former address and its

64-34  replacement with new certificates bearing the new address or for the

64-35  alteration of outstanding certificates to show the new address of the

64-36  holder.

64-37     Sec. 140.  NRS 488.171 is hereby amended to read as follows:

64-38     488.171  1.  A person shall not:

64-39     (a) Intentionally deface, destroy, remove or alter any hull

64-40  number required for a vessel without written authorization from the

64-41  [Division of Wildlife of the State Department of Conservation and

64-42  Natural Resources;] Department; or

64-43     (b) Place or stamp any serial number upon a vessel except a

64-44  number assigned to the vessel by the [Division of Wildlife.]

64-45  Department.

65-1      2.  This section does not prohibit:

65-2      (a) The restoration of the original hull number by an owner of a

65-3  vessel when the restoration is authorized by the [Division of

65-4  Wildlife;] Department; or

65-5      (b) Any manufacturer from placing numbers or marks in the

65-6  ordinary course of business upon new vessels or parts of vessels.

65-7      3.  The [Division of Wildlife] Department shall, upon request,

65-8  assign a hull number to any handmade vessel.

65-9      4.  Any person who violates subsection 1 is guilty of a gross

65-10  misdemeanor.

65-11     Sec. 141.  NRS 488.175 is hereby amended to read as follows:

65-12     488.175  1.  Except as otherwise provided in subsection 2, a

65-13  motorboat need not be numbered pursuant to the provisions of this

65-14  chapter if it is:

65-15     (a) Already covered by a number in effect which has been

65-16  awarded or issued to it pursuant to federal law or a federally

65-17  approved numbering system of another state if the boat has not been

65-18  on the waters of this state for a period in excess of 90 consecutive

65-19  days.

65-20     (b) A motorboat from a country other than the United States

65-21  temporarily using the waters of this state.

65-22     (c) A public vessel of the United States, a state or a political

65-23  subdivision of a state.

65-24     (d) A ship’s lifeboat.

65-25     (e) A motorboat belonging to a class of boats which has been

65-26  exempted from numbering by the [Division of Wildlife of the State

65-27  Department of Conservation and Natural Resources] Department

65-28  after the [Division] Department has found:

65-29         (1) That the numbering of motorboats of that class will not

65-30  materially aid in their identification; and

65-31         (2) If an agency of the Federal Government has a numbering

65-32  system applicable to the class of motorboats to which the motorboat

65-33  in question belongs, that the motorboat would also be exempt from

65-34  numbering if it were subject to the federal law.

65-35     2.  The [Division of Wildlife] Department may, by regulation,

65-36  provide for the issuance of exempt numbers for motorboats not

65-37  required to be registered under the provisions of this chapter.

65-38     3.  A motorboat need not be titled pursuant to the provisions of

65-39  this chapter, if it is already covered by a certificate of ownership

65-40  which has been awarded or issued to it pursuant to the title system

65-41  of another state.

65-42     Sec. 142.  NRS 488.1793 is hereby amended to read as

65-43  follows:

65-44     488.1793  Except as otherwise provided for the creation or

65-45  transfer of a security interest, no transfer of title to or any interest in

66-1  any motorboat required to be numbered under this chapter is

66-2  effective until one of the following conditions is fulfilled:

66-3      1.  The transferor has properly endorsed and delivered the

66-4  certificate of ownership and has delivered the certificate of number

66-5  to the transferee as provided in this chapter, and the transferee has,

66-6  within the prescribed time, delivered the documents to the [Division

66-7  of Wildlife of the State Department of Conservation and Natural

66-8  Resources] Department or placed them in the United States mail

66-9  addressed to the [Division of Wildlife] Department with the transfer

66-10  fee.

66-11     2.  The transferor has delivered to the [Division of Wildlife]

66-12  Department or placed in the United States mail addressed to the

66-13  [Division of Wildlife] Department the appropriate documents for

66-14  the transfer of ownership pursuant to the sale or transfer.

66-15     Sec. 143.  NRS 488.1795 is hereby amended to read as

66-16  follows:

66-17     488.1795  Upon receipt of a properly endorsed certificate of

66-18  ownership and the certificate of number of any motorboat, the

66-19  transferee shall within 10 days file the certificates , accompanied by

66-20  a fee of $5 , with the [Division of Wildlife of the State Department

66-21  of Conservation and Natural Resources] Department and thereby

66-22  make application for a new certificate of ownership and a new

66-23  certificate of number.

66-24     Sec. 144.  NRS 488.1797 is hereby amended to read as

66-25  follows:

66-26     488.1797  1.  Before the issuance of any certificate of

66-27  ownership, the [Division of Wildlife of the State Department of

66-28  Conservation and Natural Resources] Department shall obtain a

66-29  statement in writing signed by the transferee or transferor, showing:

66-30     (a) The date of the sale or other transfer of ownership of the

66-31  motorboat.

66-32     (b) The name and address of the seller or transferor.

66-33     (c) The name and address of the buyer or transferee.

66-34     2.  Upon receipt of the properly endorsed certificate of

66-35  ownership, the certificate of number , and the required fee and

66-36  statement of information, the [Division of Wildlife] Department

66-37  shall issue a new certificate of ownership and a new certificate of

66-38  number to the transferee. The previous number may be reassigned to

66-39  the transferee.

66-40     Sec. 145.  NRS 488.1801 is hereby amended to read as

66-41  follows:

66-42     488.1801  Any owner of any motorboat numbered under this

66-43  chapter who sells or transfers his title or any interest in the

66-44  motorboat shall within 10 days notify the [Division of Wildlife of

66-45  the State Department of Conservation and Natural Resources]

67-1  Department of the sale or transfer and furnish the following

67-2  information:

67-3      1.  The name and address of the legal owner and transferee; and

67-4      2.  Such description of the motorboat as may be required by the

67-5  [Division of Wildlife.] Department.

67-6      Sec. 146.  NRS 488.1803 is hereby amended to read as

67-7  follows:

67-8      488.1803  Any dealer upon transferring by sale, lease or

67-9  otherwise any motorboat, whether new or used, required to be

67-10  numbered under this chapter, shall give written notice of the transfer

67-11  to the [Division of Wildlife of the State Department of Conservation

67-12  and Natural Resources] Department upon an appropriate form

67-13  provided by it. The notice must be given within 3 days after the sale,

67-14  but a dealer need not give the notice when selling or transferring a

67-15  new unnumbered motorboat to another dealer.

67-16     Sec. 147.  NRS 488.1813 is hereby amended to read as

67-17  follows:

67-18     488.1813  1.  If a certificate of ownership is lost, stolen,

67-19  damaged or mutilated, an application for transfer may be made upon

67-20  a form provided by the [Division of Wildlife of the State

67-21  Department of Conservation and Natural Resources] Department

67-22  for a duplicate certificate of ownership. The transferor shall write

67-23  his signature and address in the appropriate spaces provided upon

67-24  the application and file it together with the proper fees for a

67-25  duplicate certificate of ownership and transfer.

67-26     2.  The [Division of Wildlife] Department may receive the

67-27  application and examine into the circumstances of the case and may

67-28  require the filing of affidavits or other information, and when the

67-29  [Division of Wildlife] Department is satisfied that the applicant is

67-30  entitled to a transfer of ownership, it may transfer the ownership of

67-31  the motorboat, and issue a new certificate of ownership[,] and

67-32  certificate of number to the person found to be entitled thereto.

67-33     Sec. 148.  NRS 488.1823 is hereby amended to read as

67-34  follows:

67-35     488.1823  1.  No security interest in any motorboat required to

67-36  be numbered under this chapter, whether the number was awarded

67-37  before or after the creation of the security interest, is perfected until

67-38  the secured party or his successor or assignee has deposited with the

67-39  [Division of Wildlife of the State Department of Conservation and

67-40  Natural Resources] Department a properly endorsed certificate of

67-41  ownership to the motorboat subject to the security interest.

67-42     2.  The certificate must show the secured party as legal owner if

67-43  the motorboat is then numbered under this chapter, or if not so

67-44  numbered, the registered owner shall file an initial application for a

67-45  certificate of number and for a certificate of ownership and the

68-1  certificate of ownership issued thereunder must contain the name

68-2  and address of the legal owner.

68-3      3.  Upon compliance with subsections 1 and 2, the security

68-4  interest is perfected and the records of the [Division of Wildlife]

68-5  Department must show the secured party or his successor or

68-6  assignee as the legal owner of the motorboat.

68-7      Sec. 149.  NRS 488.1826 is hereby amended to read as

68-8  follows:

68-9      488.1826  1.  If the [Division of Wildlife of the State

68-10  Department of Conservation and Natural Resources] Department

68-11  receives a copy of a court order issued pursuant to NRS 425.540 that

68-12  provides for the suspension of all professional, occupational and

68-13  recreational licenses, certificates and permits issued to a person who

68-14  has been issued a certificate of number or a validation decal, the

68-15  [Division of Wildlife] Department shall deem the certificate of

68-16  number or validation decal issued to that person to be suspended at

68-17  the end of the 30th day after the date on which the court order was

68-18  issued unless the [Division of Wildlife] Department receives a letter

68-19  issued by the district attorney or other public agency pursuant to

68-20  NRS 425.550 to the person who has been issued the certificate of

68-21  number or validation decal stating that the person has complied with

68-22  the subpoena or warrant or has satisfied the arrearage pursuant to

68-23  NRS 425.560.

68-24     2.  The [Division of Wildlife] Department shall reinstate a

68-25  certificate of number or validation decal that has been suspended by

68-26  a district court pursuant to NRS 425.540 if the [Division of

68-27  Wildlife] Department receives a letter issued by the district attorney

68-28  or other public agency pursuant to NRS 425.550 to the person

68-29  whose certificate of number or validation decal was suspended

68-30  stating that the person whose certificate of number or validation

68-31  decal was suspended has complied with the subpoena or warrant or

68-32  has satisfied the arrearage pursuant to NRS 425.560.

68-33     Sec. 150.  NRS 488.1827 is hereby amended to read as

68-34  follows:

68-35     488.1827  The [Division of Wildlife of the State Department of

68-36  Conservation and Natural Resources] Department may suspend or

68-37  revoke any certificate of ownership, certificate of number or number

68-38  of any motorboat if it is satisfied that any such certificate or number

68-39  was fraudulently obtained, or that the appropriate fee was not paid.

68-40     Sec. 151.  NRS 488.195 is hereby amended to read as follows:

68-41     488.195  1.  The exhaust of every internal combustion engine

68-42  used on any motorboat must be effectively muffled by equipment so

68-43  constructed and used as to muffle the noise of the exhaust in a

68-44  reasonable manner.

68-45     2.  The use of cutouts is prohibited.

69-1      3.  Subsections 1 and 2 do not apply to:

69-2      (a) Motorboats competing in a regatta or boat race approved as

69-3  provided in NRS 488.305;

69-4      (b) Such motorboats while on trial runs between the hours of

69-5  9 a.m. and 5 p.m. and during a period not to exceed 48 hours

69-6  immediately preceding the regatta or boat race;

69-7      (c) Such motorboats while competing in official trials for speed

69-8  records during a period not to exceed 48 hours immediately

69-9  following the regatta or boat race; or

69-10     (d) Any motorboat operating under a separate permit issued by

69-11  the [Division of Wildlife of the State Department of Conservation

69-12  and Natural Resources] Department for tuning engines, making test

69-13  or trial runs or competing in official trials for speed records other

69-14  than in connection with regattas or boat races.

69-15     4.  The [Division of Wildlife] Department shall issue permits

69-16  for the purposes enumerated in paragraph (a) of subsection 3, under

69-17  such conditions and restrictions as the Commission determines

69-18  necessary to prevent a public nuisance and to assure the public

69-19  safety. The Commission may adopt regulations to carry out the

69-20  provisions of this subsection.

69-21     Sec. 152.  NRS 488.197 is hereby amended to read as follows:

69-22     488.197  1.  No vessel may be equipped with nor shall any

69-23  person use or install upon a vessel a siren, except as otherwise

69-24  provided in this chapter.

69-25     2.  Any authorized emergency vessel, when approved by the

69-26  [Division of Wildlife of the State Department of Conservation and

69-27  Natural Resources,] Department, may be equipped with a siren

69-28  capable of sound audible under normal conditions from a distance of

69-29  not less than 500 feet, but the siren must not be used except if the

69-30  vessel is operated in response to an emergency call or in the

69-31  immediate pursuit of an actual or suspected violator of the law, in

69-32  which event the operator of the vessel shall sound the siren when

69-33  necessary to warn persons of the approach thereof.

69-34     Sec. 153.  NRS 488.259 is hereby amended to read as follows:

69-35     488.259  1.  Except as otherwise provided in NRS 488.263, a

69-36  person shall not place any mooring buoy in any waters of this state,

69-37  other than the Lake Mead National Recreation Area, without a

69-38  permit issued by:

69-39     (a) The Division of State Lands, if the mooring buoy is to be

69-40  placed in navigable waters.

69-41     (b) The [Division of Wildlife of the State Department of

69-42  Conservation and Natural Resources,] Department, if the mooring

69-43  buoy is to be placed in any other waters.

69-44     2.  The Division of State Lands shall transmit a copy of each

69-45  application for a permit for the placement of a mooring buoy in the

70-1  navigable waters of this state to the [Division of Wildlife]

70-2  Department as soon as practicable after receipt.

70-3      3.  Upon receipt of such a copy, the [Division of Wildlife]

70-4  Department shall review the application to determine whether the

70-5  placement of the buoy is in the best interests of the State. To

70-6  determine whether the placement of a mooring buoy is in the best

70-7  interests of the State, the [Division of Wildlife] Department may

70-8  consider the likelihood that the buoy will:

70-9      (a) Interfere with navigation.

70-10     (b) Become a hazard to persons or wildlife.

70-11     (c) Have any other detrimental effect on the body of water in

70-12  which it is placed.

70-13     4.  If the [Division of Wildlife] Department determines that the

70-14  permit should be denied, [it] the Department shall submit such a

70-15  recommendation to the Division of State Lands and provide a brief

70-16  summary of the reason for the recommendation within 30 days after

70-17  the date on which the application was transmitted.

70-18     5.  If the Division of State Lands does not receive a

70-19  recommendation for the denial of the permit from the [Division of

70-20  Wildlife] Department within the 30-day period provided in

70-21  subsection 4, the application shall be deemed to be approved by the

70-22  [Division of Wildlife.] Department.

70-23     Sec. 154.  NRS 488.261 is hereby amended to read as follows:

70-24     488.261  1.  The [Division of Wildlife of the State Department

70-25  of Conservation and Natural Resources] Department may issue to

70-26  any person a permit to place a mooring buoy in the nonnavigable

70-27  waters of this state. The [Division of Wildlife] Department shall

70-28  charge and collect a fee in the amount set by the Commission for

70-29  each permit issued pursuant to this subsection. Unless suspended or

70-30  revoked by the [Division of Wildlife,] Department, a permit issued

70-31  pursuant to this subsection is valid through December 31 of the year

70-32  in which it is issued. Such a permit may be renewed annually by

70-33  paying the fee set by the Commission on or before January 1 of each

70-34  year.

70-35     2.  The [Division of Wildlife] Department may issue a permit

70-36  for the temporary placement of a buoy, other than a navigational aid,

70-37  for practice courses or marine events. The [Division of Wildlife]

70-38  Department shall charge and collect a fee in the amount set by the

70-39  Commission for each permit issued pursuant to this subsection.

70-40  Unless suspended or revoked by the [Division of Wildlife,]

70-41  Department, a permit issued pursuant to this subsection is valid for

70-42  the period indicated on the face of the permit which must not exceed

70-43  6 months.

70-44     3.  The Commission shall adopt by regulation fees for:

71-1      (a) The issuance and renewal of permits for mooring buoys

71-2  pursuant to subsection 1 which must not be more than $100 for each

71-3  buoy per year.

71-4      (b) The issuance of permits for the temporary placement of

71-5  buoys for practice courses or marine events pursuant to subsection 2

71-6  which must not be more than $50 per buoy.

71-7      4.  The Commission may:

71-8      (a) Adopt such regulations as are necessary to carry out the

71-9  provisions of NRS 488.257 to 488.285, inclusive; and

71-10     (b) Establish a schedule of administrative fines for the violation

71-11  of those regulations which may be assessed in addition to any

71-12  criminal penalties for the same act.

71-13     5.  The [Division of Wildlife] Department is responsible for the

71-14  enforcement of the laws of this state governing mooring buoys and

71-15  may:

71-16     (a) Revoke or suspend a permit for a mooring buoy issued

71-17  pursuant to subsection 1 or 2 or by the Division of State Lands if:

71-18         (1) The person responsible for the buoy fails to comply with

71-19  all applicable statutes and regulations concerning the buoy; or

71-20         (2) The buoy becomes a hazard to navigation.

71-21     (b) Remove any mooring buoy determined to be unlawfully

71-22  placed.

71-23     6.  This section does not require an agency of this state or the

71-24  United States Government to obtain written authorization to place,

71-25  move, remove, destroy or tamper with buoys or navigational aids on

71-26  the navigable waters of this state.

71-27     Sec. 155.  NRS 488.285 is hereby amended to read as follows:

71-28     488.285  1.  Except as otherwise provided in subsection 2:

71-29     (a) A person shall not moor any vessel to any buoy or

71-30  navigational aid placed in any waterway by authority of the United

71-31  States or any other governmental authority, or in any manner attach

71-32  a vessel to any such buoy or navigational aid.

71-33     (b) A person shall not place, move, remove, destroy or tamper

71-34  with any buoy or other navigational aid without written

71-35  authorization from the [Division of Wildlife of the State Department

71-36  of Conservation and Natural Resources.] Department.

71-37     2.  The provisions of subsection 1 do not apply to mooring

71-38  buoys.

71-39     3.  A person who violates a provision of subsection 1 shall be

71-40  punished:

71-41     (a) If no injury results from the violation, for a misdemeanor.

71-42     (b) If bodily injury or property damage in excess of $200 results

71-43  from the violation, for a gross misdemeanor.

71-44     (c) If a human death results from the violation, for a category D

71-45  felony as provided in NRS 193.130.

72-1      4.  Nothing in this section requires an agency of this state or the

72-2  United States Government to obtain written authorization to place,

72-3  move, remove, destroy or tamper with buoys or navigational aids on

72-4  navigable waters of this state.

72-5      Sec. 156.  NRS 488.291 is hereby amended to read as follows:

72-6      488.291  1.  A person shall not abandon a vessel upon a public

72-7  waterway or public or private property without the consent of the

72-8  owner or person in lawful possession or control of the property.

72-9      2.  The abandonment of any vessel in a manner prohibited by

72-10  subsection 1 is prima facie evidence that the last registered owner of

72-11  record, unless he has notified the [Division of Wildlife of the State

72-12  Department of Conservation and Natural Resources] Department or

72-13  other appropriate agency of his relinquishment of title or interest

72-14  therein, is responsible for the abandonment. The person so

72-15  responsible is liable for the cost of removal and disposition of the

72-16  vessel.

72-17     3.  A game warden, sheriff or other peace officer of this state

72-18  may remove a vessel from a public waterway when:

72-19     (a) The vessel is left unattended and is adrift, moored, docked,

72-20  beached or made fast to land in such a position as to interfere with

72-21  navigation or in such a condition as to create a hazard to other

72-22  vessels using the waterway, to public safety or to the property of

72-23  another.

72-24     (b) The vessel is found upon a waterway and a report has

72-25  previously been made that the vessel has been stolen or embezzled.

72-26     (c) The person in charge of the vessel is by reason of physical

72-27  injuries or illness incapacitated to such an extent as to be unable to

72-28  provide for its custody or removal.

72-29     (d) An officer arrests a person operating or in control of the

72-30  vessel for an alleged offense, and the officer is required or permitted

72-31  to take, and does take, the person arrested before a magistrate

72-32  without unnecessary delay.

72-33     (e) The vessel seriously interferes with navigation or otherwise

72-34  poses a critical and immediate danger to navigation or to the public

72-35  health, safety or welfare.

72-36     Sec. 157.  NRS 488.293 is hereby amended to read as follows:

72-37     488.293  1.  A peace officer may attempt to identify the

72-38  registered owner of a vessel abandoned on private property by

72-39  inspection of the vessel and any trailer to which it is attached and

72-40  may supply the information to the property owner. The property

72-41  owner must declare by affidavit the reasons why he believes the

72-42  property to be abandoned. The property owner must give 5 days’

72-43  notice to the last registered owner before causing the removal of the

72-44  vessel. If the last registered owner is unknown or cannot be notified,

73-1  the vessel may immediately be removed to a secure location

73-2  designated by a peace officer.

73-3      2.  A peace officer shall, within 48 hours after directing the

73-4  removal of an abandoned vessel on a public waterway or public or

73-5  private property, notify the [Division of Wildlife of the State

73-6  Department of Conservation and Natural Resources] Department of

73-7  the status of the vessel.

73-8      3.  A law enforcement agency that has custody of an abandoned

73-9  vessel shall, if the agency knows or can reasonably discover the

73-10  name and address of the owner of the vessel or any person who

73-11  holds a security interest in the vessel, notify the owner or the holder

73-12  of the security interest of the location of the vessel and the method

73-13  by which the vessel may be claimed. The notice must be sent by

73-14  certified or registered mail.

73-15     4.  If the abandoned vessel is held by a law enforcement agency

73-16  as evidence in the investigation or prosecution of a criminal offense,

73-17  the notice required by subsection 3 must be sent:

73-18     (a) Upon the decision of the law enforcement agency or district

73-19  attorney not to pursue or prosecute the case;

73-20     (b) Upon the conviction of the person who committed the

73-21  offense; or

73-22     (c) If the case is otherwise terminated.

73-23     5.  Failure to reclaim the vessel within 180 days after the date

73-24  the notice is mailed constitutes a waiver of interest in the vessel by

73-25  any person having an interest in the vessel and the vessel shall be

73-26  deemed abandoned for all purposes.

73-27     6.  If all recorded interests in a vessel are waived, as provided in

73-28  subsection 5 or by written disclaimer, the [Division of Wildlife]

73-29  Department may issue a certificate of ownership to the law

73-30  enforcement agency that has custody of the vessel. If necessary, the

73-31  [Division of Wildlife] Department may assign a hull number to the

73-32  vessel. This subsection does not preclude the subsequent return of a

73-33  vessel, or any component part thereof, by a law enforcement agency

73-34  to the registered owner of the vessel upon presentation by the

73-35  registered owner of satisfactory proof of ownership.

73-36     7.  A law enforcement agency to which a certificate of

73-37  ownership is issued pursuant to subsection 6 may use, sell or destroy

73-38  the vessel, and shall keep a record of the disposition of the vessel. If

73-39  the law enforcement agency:

73-40     (a) Sells the vessel, all proceeds from the sale of the vessel

73-41  become the property of the law enforcement agency.

73-42     (b) Destroys the vessel, the law enforcement agency shall,

73-43  within 10 days, give notice of the destruction of the vessel to the

73-44  [Division of Wildlife.] Department.

 

74-1      Sec. 158.  NRS 488.305 is hereby amended to read as follows:

74-2      488.305  1.  The [Division of Wildlife of the State Department

74-3  of Conservation and Natural Resources] Department may authorize

74-4  the holding of regattas, motorboat or other boat races, marine

74-5  parades, tournaments or exhibitions on any waters of this state. The

74-6  Commission shall adopt regulations concerning the safety of

74-7  motorboats and other vessels and persons thereon, either observers

74-8  or participants.

74-9      2.  At least 30 days before a regatta, motorboat or other boat

74-10  race, marine parade, tournament or exhibition is proposed to be

74-11  held, the person in charge thereof must file an application with the

74-12  [Division of Wildlife] Department for permission to hold the

74-13  regatta, motorboat or other boat race, marine parade, tournament or

74-14  exhibition. No such event may be conducted without the written

74-15  authorization of the [Division of Wildlife.] Department.

74-16     3.  The [Administrator] Director of the [Division of Wildlife]

74-17  Department may require an applicant, or the sponsor of the event, as

74-18  a condition of the approval of a regatta, motorboat or other boat

74-19  race, marine parade, tournament or exhibition, to enter into an

74-20  agreement to reimburse the [Division] Department for expenses

74-21  incurred by the [Division] Department to ensure that the event is

74-22  conducted safely, including, without limitation, expenses for

74-23  equipment used, expenses for personnel and general operating

74-24  expenses.

74-25     4.  The application must set forth the date, time and location

74-26  where it is proposed to hold the regatta, motorboat or other boat

74-27  race, marine parade, tournament or exhibition, the type of vessels

74-28  participating, the number and kind of navigational aids required and

74-29  the name of a person who will be present at the event to ensure that

74-30  the conditions of the permit are satisfied.

74-31     5.  The provisions of this section do not exempt any person

74-32  from compliance with applicable federal law or regulation.

74-33     Sec. 159.  NRS 488.320 is hereby amended to read as follows:

74-34     488.320  1.  A person shall not maintain or operate upon the

74-35  waters of this state any vessel which is equipped with a marine

74-36  sanitation device unless the device is approved by the United States

74-37  Coast Guard and:

74-38     (a) Is designed to prevent the overboard discharge of treated and

74-39  untreated sewage; or

74-40     (b) Is adequately secured to prevent the overboard discharge of

74-41  treated and untreated sewage.

74-42     2.  It is unlawful for any person to discharge or attempt to

74-43  discharge sewage from a vessel into the waters of this state.

74-44     3.  The Commission shall adopt regulations:

75-1      (a) That it determines are necessary to carry out the provisions

75-2  of this section; and

75-3      (b) Establishing a schedule of civil penalties for various

75-4  violations of this section and those regulations.

75-5      4.  A person who violates any provision of this section or the

75-6  regulations adopted pursuant to subsection 3:

75-7      (a) Is guilty of a misdemeanor; and

75-8      (b) In addition to any criminal penalty, is subject to:

75-9          (1) The suspension of the certificate of number of his vessel

75-10  for 180 consecutive days; and

75-11         (2) A civil penalty of not less than $250, as established in

75-12  regulations adopted by the Commission, payable to the [Division of

75-13  Wildlife of the State Department of Conservation and Natural

75-14  Resources.] Department.

75-15     5.  As used in this section, unless the context otherwise

75-16  requires:

75-17     (a) “Discharge” means to spill, leak, pump, pour, emit, empty or

75-18  dump sewage into the water.

75-19     (b) “Marine sanitation device” means a toilet facility which is

75-20  installed on board a vessel and which is designed to receive, retain,

75-21  treat or discharge sewage, and any process to treat that sewage. The

75-22  term does not include portable devices which are designed to be

75-23  carried onto and off of a vessel.

75-24     (c) “Sewage” means wastes from the human body and wastes

75-25  from toilets or other receptacles, including marine sanitation

75-26  devices, designed to receive or retain wastes from the human body.

75-27     (d) “Vessel” includes any watercraft or structure floating on the

75-28  water, whether or not capable of self-locomotion, including

75-29  houseboats, barges and similar structures.

75-30     Sec. 160.  NRS 488.550 is hereby amended to read as follows:

75-31     488.550  1.  The operator of a vessel involved in a collision,

75-32  accident or other casualty shall, so far as he can do so without

75-33  serious danger to his own vessel, crew and passengers, render to

75-34  other persons affected by the casualty such assistance as may be

75-35  practicable and as may be necessary to save them from or minimize

75-36  any danger caused by the casualty, and shall give his name, address

75-37  and the identification of his vessel in writing to any person injured

75-38  and to the owner of any property damaged in the casualty.

75-39     2.  In the case of collision, accident or other casualty involving

75-40  a vessel, the operator thereof, if the casualty results in death or

75-41  injury to a person or damage to property in excess of $500, shall file

75-42  with the [Division of Wildlife of the State Department of

75-43  Conservation and Natural Resources] Department a full description

75-44  of the casualty, including, without limitation, such information as

75-45  the Commission may, by regulation, require.

76-1      3.  Upon receipt of a claim under a policy of insurance with

76-2  respect to a collision, accident or other casualty for which a report is

76-3  required by subsection 2, the insurer shall provide written notice to

76-4  the insured of his responsibility pursuant to subsection 2 to file with

76-5  the [Division of Wildlife] Department a full description of the

76-6  casualty.

76-7      4.  Upon receipt of a request for repair with respect to a

76-8  collision, accident or other casualty for which a report is required by

76-9  subsection 2, the person who repairs the vessel shall provide written

76-10  notice to the person requesting the repairs of the requirement set

76-11  forth in subsection 2 that the operator file with the [Division of

76-12  Wildlife] Department a full description of the casualty.

76-13     5.  The insurer and the person who repairs a vessel shall

76-14  transmit a copy of each notice they provide pursuant to subsections

76-15  3 and 4, respectively, to the [Division of Wildlife] Department at

76-16  the same time the notice is provided to the insured or person

76-17  requesting the repairs.

76-18     6.  The [Division of Wildlife] Department shall investigate or

76-19  cause to be investigated a collision, accident or other casualty

76-20  involving a vessel which results in death or substantial bodily injury

76-21  and shall gather evidence to be used in the prosecution of a person

76-22  charged with violating a law in connection with the collision,

76-23  accident or other casualty. The [Division of Wildlife] Department

76-24  may investigate or cause to be investigated a collision, accident or

76-25  other casualty involving a vessel which does not result in death or

76-26  substantial bodily injury and may gather evidence to be used in the

76-27  prosecution of a person charged with violating a law in connection

76-28  with the collision, accident or other casualty.

76-29     Sec. 161.  NRS 488.560 is hereby amended to read as follows:

76-30     488.560  In accordance with any request made by an authorized

76-31  official or agency of the United States, any information compiled or

76-32  otherwise available to the [Division of Wildlife of the State

76-33  Department of Conservation and Natural Resources] Department

76-34  pursuant to NRS 488.550 must be transmitted to the official or

76-35  agency of the United States.

76-36     Sec. 162.  NRS 488.740 is hereby amended to read as follows:

76-37     488.740  1.  The [Division] Department shall certify persons

76-38  to provide, in cooperation with the [Division,] Department,

76-39  instruction in safe boating approved by the National Association of

76-40  State Boating Law Administrators. All persons who successfully

76-41  complete the course must be issued a certificate evidencing

76-42  successful completion.

76-43     2.  The [Division] Department may offer the courses in

76-44  cooperation with organizations that provide education in safe

77-1  boating, including, without limitation, the United States Coast

77-2  Guard Auxiliary and the United States Power Squadrons.

77-3      3.  The [Division] Department shall maintain a list, available

77-4  for public inspection, of the availability of courses in safe boating

77-5  and any instructors who are certified pursuant to subsection 1.

77-6      Sec. 163.  NRS 488.750 is hereby amended to read as follows:

77-7      488.750  1.  A person born on or after January 1, 1983, who is

77-8  a resident of this state and who possesses a certificate that evidences

77-9  his successful:

77-10     (a) Completion of a course in safe boating that is approved by

77-11  the National Association of State Boating Law Administrators,

77-12  including, without limitation, courses offered pursuant to NRS

77-13  488.740 and courses offered by the United States Coast Guard

77-14  Auxiliary or the United States Power Squadrons; or

77-15     (b) Passage of a proficiency examination that was proctored and

77-16  tests the knowledge of the information included in the curriculum of

77-17  such a course,

77-18  shall submit or cause to be submitted a copy of the certificate to the

77-19  [Division. The Division] Department. The Department may request

77-20  additional information necessary for the [Division] Department to

77-21  maintain the database pursuant to subsection 2.

77-22     2.  The [Division] Department shall establish and maintain a

77-23  database of certificates that it receives pursuant to subsection 1. The

77-24  database must include, without limitation, the:

77-25     (a) Name, date of birth and gender of the holder of the

77-26  certificate;

77-27     (b) Date, location and name of the course that the holder of the

77-28  certificate completed or the examination that he passed; and

77-29     (c) Number on the certificate.

77-30     Sec. 164.  NRS 488.900 is hereby amended to read as follows:

77-31     488.900  1.  Every game warden, sheriff and other peace

77-32  officer of this state and its political subdivisions shall enforce the

77-33  provisions of this chapter and may stop and board any vessel subject

77-34  to the provisions of this chapter.

77-35     2.  Any vessel located upon the waters of this state is subject to

77-36  inspection by the [Division of Wildlife of the State Department of

77-37  Conservation and Natural Resources] Department or any lawfully

77-38  designated agent or inspector thereof at any time to determine

77-39  whether the vessel is equipped in compliance with the provisions of

77-40  this chapter.

77-41     3.  Any vessel located upon the waters of this state is subject to

77-42  inspection by the Division of Environmental Protection of the State

77-43  Department of Conservation and Natural Resources or any lawfully

77-44  designated agent or inspector thereof at any time to determine

77-45  whether the vessel is equipped in compliance with the provisions of

78-1  NRS 488.320. As used in this subsection, “vessel” includes any

78-2  watercraft or structure floating on the water, whether or not capable

78-3  of self-locomotion, including houseboats, barges and similar

78-4  structures.

78-5      Sec. 165.  NRS 528.053 is hereby amended to read as follows:

78-6      528.053  1.  No felling of trees, skidding, rigging or

78-7  construction of tractor or truck roads or landings, or the operation

78-8  of vehicles, may take place within 200 feet, measured on the slope,

78-9  of the high water mark of any lake, reservoir, stream or other body

78-10  of water unless a variance is first obtained from a committee

78-11  composed of the State Forester Firewarden, the [Administrator]

78-12  Director of the [Division of Wildlife of the State] Department of

78-13  [Conservation and Natural Resources] Wildlife and the State

78-14  Engineer.

78-15     2.  The committee may grant a variance authorizing any of the

78-16  activities prohibited by subsection 1 within a 200-foot buffer area if

78-17  the committee determines that the goals of conserving forest

78-18  resources and achieving forest regeneration, preserving watersheds,

78-19  reaching or maintaining water quality standards adopted by federal

78-20  and state law, continuing water flows, preserving and providing for

78-21  the propagation of fish life and stream habitat and preventing

78-22  significant soil erosion will not be compromised.

78-23     3.  In acting on a request for such variances , the committee

78-24  shall consider the following factors:

78-25     (a) The extent to which such requested activity is consistent with

78-26  good forestry management for the harvesting of timber;

78-27     (b) The extent to which such requested activity significantly

78-28  impedes or interrupts the natural volume and flow of water;

78-29     (c) The extent to which such requested activity significantly

78-30  affects a continuation of the natural quality of the water pursuant to

78-31  state and federal water quality standards;

78-32     (d) The extent to which such requested activity is consistent

78-33  with the prevention of significant soil erosion;

78-34     (e) The extent to which such requested activity may

78-35  significantly obstruct fish passage, cause sedimentation in fish

78-36  spawning areas, infringe on feeding and nursing areas and cause

78-37  variations of water temperatures; and

78-38     (f) The filtration of sediment-laden water as a consequence of

78-39  timber harvesting on adjacent slopes.

78-40     Sec. 166.  NRS 534A.070 is hereby amended to read as

78-41  follows:

78-42     534A.070  1.  The Administrator of the Division of Minerals

78-43  of the Commission on Mineral Resources shall approve or reject an

78-44  application for a permit to drill an exploratory well within 10 days

78-45  after he receives the application in proper form. The permit must not

79-1  be effective for more than 2 years, but may be extended by the

79-2  Administrator.

79-3      2.  Upon receipt of an application for a permit to drill or operate

79-4  a geothermal well, the Administrator of the Division of Minerals

79-5  shall transmit copies of the application to the State Engineer, the

79-6  Administrator of the Division of Environmental Protection of the

79-7  State Department of Conservation and Natural Resources , and the

79-8  [Administrator] Director of the [Division of Wildlife of the State]

79-9  Department of [Conservation and Natural Resources.] Wildlife.

79-10  After consultation with the State Engineer , the Administrator of

79-11  the Division of Environmental Protection, and [each of the

79-12  Administrators,] the Director of the Department of Wildlife, the

79-13  Administrator of the Division of Minerals may issue a permit to drill

79-14  or operate a geothermal well if it is determined that issuance of a

79-15  permit is consistent with:

79-16     (a) The policies specified in NRS 445A.305 and 445B.100;

79-17     (b) The purposes of chapters 533 and 534 of NRS; and

79-18     (c) The purposes specified in chapter 501 of NRS.

79-19     3.  The Administrator of the Division of Minerals shall approve

79-20  or reject the application to drill or operate a geothermal well within

79-21  90 days after he receives it in proper form, unless it is determined

79-22  that a conflict exists pursuant to subsection 2 or a public hearing is

79-23  necessary pursuant to subsection 4. Notice of the conflict or need for

79-24  a public hearing must be provided to the applicant within the 90-day

79-25  period.

79-26     4.  The State Engineer and the Administrator of the Division of

79-27  Minerals may hold public hearings jointly or separately to gather

79-28  such evidence or information as they deem necessary for a full

79-29  understanding of all the rights involved and to guard properly the

79-30  public interest.

79-31     5.  A permit issued pursuant to this section must include any

79-32  conditions:

79-33     (a) Deemed necessary by the Administrator of the Division of

79-34  Minerals to carry out the purposes of this section; and

79-35     (b) Imposed by the State Engineer consistent with the provisions

79-36  of chapters 533 and 534 of NRS.

79-37     Sec. 167.  NRS 535.060 is hereby amended to read as follows:

79-38     535.060  1.  On any stream system and its tributaries in this

79-39  state the distribution of the waters of which are vested in the State

79-40  Engineer by law or the final decree of court, where beaver, by the

79-41  construction of dams or otherwise, are found to be interfering with

79-42  the lawful and necessary distribution of water to the proper users

79-43  thereof, the State Engineer, upon complaint of any interested water

79-44  user, shall investigate or cause the investigation of the matter.

80-1      2.  The State Engineer and his assistants and water

80-2  commissioners and the [Division of Wildlife of the State]

80-3  Department of [Conservation and Natural Resources] Wildlife and

80-4  its agents may enter upon privately owned lands for the purposes of

80-5  investigating the conditions complained of and the removal and

80-6  trapping of beaver.

80-7      3.  If satisfied that such beaver are interfering with the flow of

80-8  water to the detriment of water users, the State Engineer shall serve

80-9  a written notice on the owner of the land, if it is privately owned,

80-10  stating:

80-11     (a) That the beaver thereon are interfering with or stopping the

80-12  flow of water necessary for the proper serving of water rights; and

80-13     (b) That unless, within 10 days from receipt of the notice,

80-14  written objection to the removal of such beaver is filed with the

80-15  State Engineer by the landowner, the [Division of Wildlife of the

80-16  State] Department of [Conservation and Natural Resources] Wildlife

80-17  will remove such beaver or as many thereof as will rectify the

80-18  existing conditions.

80-19     4.  Failure of the landowner to file such written objections shall

80-20  be deemed a waiver thereof. Upon receipt of written objections , the

80-21  State Engineer may make further investigation and may sustain or

80-22  overrule the objections as the facts warrant. Upon the overruling of

80-23  the objections, the landowner may have them reviewed by the

80-24  district court having jurisdiction of the land by filing therein a

80-25  petition for review within 10 days from the receipt of the order of

80-26  the State Engineer overruling the objections. The proceedings on the

80-27  petition must be informal and heard by the court at the earliest

80-28  possible moment.

80-29     5.  Upon the landowner’s waiver of objections to the removal of

80-30  beaver from his land, or upon final determination by the court that

80-31  the beaver should be removed, the State Engineer shall immediately

80-32  notify the [Division of Wildlife] Department of Wildlife of the

80-33  waiver or determination and the [Division] Department or its agents

80-34  shall enter upon the land from which the beaver are to be removed

80-35  and remove them or as many as may be necessary to prevent the

80-36  improper flow of water as directed by the State Engineer.

80-37     6.  The State Engineer may remove or cause the removal of any

80-38  beaver dam found to be obstructing the proper and necessary flow of

80-39  water to the detriment of water users.

80-40     Sec. 168.  NRS 561.301 is hereby amended to read as follows:

80-41     561.301  Aquatic agriculture, which includes the propagation,

80-42  cultivation and harvesting of plants indigenous to water in a

80-43  controlled or selected aquatic environment for the commercial

80-44  production of food, is one of the agricultural enterprises conducted

80-45  in this state. The Department shall promote, protect and regulate

81-1  aquatic agriculture to the extent that the Department is authorized to

81-2  regulate other forms of agriculture and other agricultural products.

81-3  The Department shall confer with the [Division of Wildlife of the

81-4  State] Department of [Conservation and Natural Resources] Wildlife

81-5  regarding aquatic agriculture to prevent any adverse effects on

81-6  existing aquatic animals.

81-7      Sec. 169.  NRS 571.120 is hereby amended to read as follows:

81-8      571.120  1.  The Department shall do all things necessary for

81-9  the control and eradication of infectious, contagious or parasitic

81-10  diseases of livestock.

81-11     2.  The Director shall cooperate with the [Administrator]

81-12  Director of the [Division of Wildlife of the State] Department of

81-13  [Conservation and Natural Resources] Wildlife in a program to

81-14  prevent the spread of communicable diseases in livestock and

81-15  wildlife in this state.

81-16     3.  As used in this section, “wildlife” has the meaning ascribed

81-17  to it in NRS 501.097.

81-18     Sec. 170.  NRS 576.129 is hereby amended to read as follows:

81-19     576.129  1.  It is unlawful for any person to import, possess or

81-20  propagate any alternative livestock unless he first obtains from the

81-21  State Board of Agriculture a permit that authorizes him to do so.

81-22     2.  The State Board of Agriculture shall adopt regulations for

81-23  the importation, possession and propagation of alternative livestock.

81-24  The regulations must set forth requirements for:

81-25     (a) Facilities used to confine alternative livestock, including

81-26  minimum requirements for fencing to prevent the escape of

81-27  alternative livestock.

81-28     (b) The genetic testing of alternative livestock.

81-29     (c) Keeping and maintaining records related to the importation,

81-30  transfer, possession and propagation of alternative livestock.

81-31     (d) Identifying and marking alternative livestock.

81-32     (e) Marketing alternative livestock.

81-33     (f) The filing of any bonds which may be required by the State

81-34  Board of Agriculture.

81-35     3.  In adopting the regulations required by subsection 2, the

81-36  State Board of Agriculture shall consult with the [Division of

81-37  Wildlife of the State] Department of [Conservation and Natural

81-38  Resources] Wildlife and the Board of Wildlife Commissioners

81-39  concerning the provisions that are necessary to protect wildlife in

81-40  this state and in the areas designated as areas of special concern by

81-41  the Board of Wildlife Commissioners pursuant to NRS 501.181.

81-42     4.  The State Board of Agriculture shall establish by regulation

81-43  a schedule of fees required to be paid for a permit issued pursuant to

81-44  this section. The fees established must not exceed the approximate

81-45  cost to the Board of carrying out the provisions of this section.

82-1      Sec. 171.  NRS 576.131 is hereby amended to read as follows:

82-2      576.131  1.  An owner of alternative livestock may request

82-3  assistance from the State Department[, the Division of Wildlife of

82-4  the State] of Agriculture, the Department of [Conservation and

82-5  Natural Resources] Wildlife and local law enforcement agencies to

82-6  recapture any alternative livestock that has escaped from

82-7  confinement.

82-8      2.  Any alternative livestock that is recaptured may be

82-9  impounded at a suitable facility until sufficient repairs or

82-10  improvements are made to the owner’s facility to ensure that the

82-11  escape of the alternative livestock does not recur.

82-12     3.  The owner of the alternative livestock is liable for:

82-13     (a) The costs incurred by the State Department[, the Division of

82-14  Wildlife of the State] of Agriculture, the Department of

82-15  [Conservation and Natural Resources] Wildlife and any local law

82-16  enforcement agency to recapture the alternative livestock;

82-17     (b) The costs of impounding the alternative livestock; and

82-18     (c) Any damages caused by the alternative livestock during the

82-19  escape.

82-20     Sec. 172.  NRS 232.138, 488.700, 488.710, 488.720, 501.002

82-21  and 501.027 are hereby repealed.

82-22     Sec. 173.  The Legislative Counsel shall:

82-23     1.  In preparing the reprint and supplements to the Nevada

82-24  Revised Statutes, with respect to any section that is not amended by

82-25  this act or is further amended by another act, appropriately change

82-26  any reference to:

82-27     (a) “Division of Wildlife” to “Department of Wildlife”; and

82-28     (b) Any other agency or any officer whose name is changed or

82-29  whose responsibilities have been transferred pursuant to the

82-30  provisions of this act to refer to the appropriate agency or officer.

82-31     2.  In preparing supplements to the Nevada Administrative

82-32  Code, appropriately change any reference to:

82-33     (a) “Division of Wildlife” to “Department of Wildlife”; and

82-34     (b) Any other agency or any officer whose name is changed or

82-35  whose responsibilities have been transferred pursuant tot he

82-36  provisions of this act to refer to the appropriate agency or officer.

82-37     Sec. 174.  This act becomes effective on July 1, 2003.

 

82-38  LEADLINES OF REPEALED SECTIONS

 

82-39     232.138  Division of Wildlife: Composition; appointment of

82-40   Administrator.

83-1      488.700  Definitions.

83-2      488.710  “Division” defined.

83-3      488.720  “Interstate waters of the State” defined.

83-4      501.002  “Administrator” defined.

83-5      501.027  “Division” defined.

 

83-6  H