SB420_EN

Senate Bill No. 420–Committee on Finance

CHAPTER..........

AN ACT relating to wildlife; revising provisions relating to the qualifications of members of the Board of Wildlife Commissioners; revising provisions governing the killing or possessing of certain animals; authorizing the Division of Wildlife of the State Department of Conservation and Natural Resources under certain circumstances to suspend, revoke, or refuse to issue or renew any license, tag, permit, certificate or other document of a person who fails to pay a civil penalty timely; prohibiting certain persons from hunting certain upland game birds under certain circumstances; imposing and revising certain fees; creating the Wildlife Obligated Reserve Account in the State General Fund; requiring the Commission to adopt certain regulations; providing penalties; and providing other matters properly relating thereto.

THE PEOPLE OF THE STATE OF NEVADA, REPRESENTED IN

SENATE AND ASSEMBLY, DO ENACT AS FOLLOWS:

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

Sec. 3.3. NRS 501.171 is hereby amended to read as follows:

501.171 1. A county advisory board to manage wildlife shall

submit written nominations for appointments to the Commission

upon the request of the Governor and may submit nominations at

any other time.

2. After consideration of the written nominations submitted by

a county advisory board to manage wildlife and any additional

candidates for appointment to the Commission, the Governor shall

appoint to the Commission:

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

wildlife;

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

(d) One member who represents the interests of the general

public; and

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

immediately preceding their appointment held a resident license to

fish or hunt, or both, in Nevada.

3. The Governor shall not appoint to the Commission any

person who has been convicted of:

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

501.376 ; [, 502.060 or 504.395; or]

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

504.395; or

504, inclusive, of NRS,

during the previous 10 years.

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

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

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

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

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

5. The Commission shall annually select a Chairman and a

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

more than two consecutive terms as Chairman.

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

501.172 1. A member of the Commission may be removed

from office for just cause.

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

for:

(a) A conviction of a felony or gross misdemeanor for a

violation of NRS 501.376 ; [, 502.060 or 504.395; or]

(b) A conviction of a gross misdemeanor for a violation of

NRS 502.060 or 504.395; or

chapters 501 to 504, inclusive, of NRS.

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

501.181 The Commission shall:

1. Establish broad policies for:

(a) The protection, propagation, restoration, transplanting,

introduction and management of wildlife in this state.

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

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

matters.

2. Guide the Division in its administration and enforcement of

the provisions of this title and of chapter 488 of NRS by the

establishment of such policies.

3. Establish policies for areas of interest including:

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

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

protected and unprotected mammals, birds, fish, reptiles and

amphibians.

(b) The control of wildlife depredations.

other property for the management, propagation, protection and

restoration of wildlife.

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

property, including leases of grazing rights, sales of agricultural

products and requests by the Administrator to the State Land

Registrar for the sale of timber if the sale does not interfere with the

use of the property on which the timber is located for wildlife

management or for hunting or fishing thereon.

(e) The control of nonresident hunters.

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

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

and boating programs.

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

person who is convicted of a violation of any provision of this title

or any regulation adopted pursuant thereto.

4. Establish regulations necessary to carry out the provisions of

this title and of chapter 488 of NRS, including:

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

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

mammals and for fishing, the daily and possession limits, the

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

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

when necessary for management purposes, the emergency closing or

extending of a season, reducing or increasing of the bag or

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

fishing or trapping. The regulations must be established after first

considering the recommendations of the Division, the county

advisory boards to manage wildlife and others who wish to present

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

closure of a season must be based upon scientific data concerning

the management of wildlife. The data upon which the regulations

are based must be collected or developed by the Division.

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

inspecting, validating or reporting tags.

contiguous territory located in more than one county, irrespective of

county boundary lines.

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

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

seasons.]

5. Adopt regulations requiring the Division to make public,

before official delivery, its proposed responses to any requests by

federal agencies for its comment on drafts of statements concerning

the environmental effect of proposed actions or regulations affecting

public lands.

6. Adopt regulations:

(a) Governing the provisions of the permit required by NRS

502.390 and for the issuance, renewal and revocation of such a

permit.

(b) Establishing the method for determining the amount of an

assessment , and the time and manner of payment, necessary for the

collection of the assessment required by NRS 502.390.

7. Designate those portions of wildlife management areas for

big game mammals that are of special concern for the regulation of

the importation, possession and propagation of alternative livestock

pursuant to NRS 576.129.

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

501.356 1. Money received by the Division from:

(a) The sale of licenses;

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

488.1795;

provisions of NRS 365.535;

(d) Appropriations made by the Legislature; and

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

of any property described in NRS 501.3857 or money deposited in

the Wildlife Heritage Trust Account pursuant to NRS 501.3575 or in

the Trout Management Account pursuant to NRS 502.327,

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

Account in the State General Fund.

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

Account, after deducting any applicable charges, must be credited to

the Account.

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

may use money in the Wildlife Account only to carry out the

provisions of this title and chapter 488 of NRS and as provided in

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

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

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

and licenses that are required to be deposited in the Wildlife

Account pursuant to the provisions of this title must be accounted

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

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

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

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

intentionally kill or aid and abet another person to kill a bighorn

sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion

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

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

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

danger of being attacked by such an animal.

2.] :

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

the lawful hunting of that animal;

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

vehicle in violation of NRS 503.010;

issued by the Division for hunting that animal;

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

prohibited by a specific statute or a regulation adopted by the

Commission; or

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

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

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

person:

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

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

on the tag;

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

lawful taking of the big game mammal specified on the tag;

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

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

(e)] or

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

representation.

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

an animal specified in subsection 1 if:

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

property of any person in imminent danger of being attacked by

the animal; or

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

who killed the animal and the killing of the animal which was the

intended target would not violate the provisions of subsection 1.

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

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

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

a gross misdemeanor. In determining whether to reduce the

penalty, the court shall consider:

(a) The nature of the offense;

(b) The circumstances surrounding the offense;

gravity of the offense;

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

(e) The general objectives of sentencing.

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

subsection 1 if the person knows the animal was killed in violation

of subsection 1 or the circumstances should have caused a

reasonable person to know that the animal was killed in violation

of subsection 1.

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

guilty of a gross misdemeanor.

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

501.3855 1. In addition to the penalties provided for the

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

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

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

$5,000.

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

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

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

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

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

not less than $50 nor more than $250.

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

unlawfully killing or possessing any wildlife, shall order the

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

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

court shall fix the manner and time of payment.

5. The Division may attempt to collect all penalties and

installments that are in default in any manner provided by law for

the enforcement of a judgment.

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

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

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

or renew any license, tag, permit, certificate or other document or

privilege otherwise available to the person pursuant to this title or

chapter 488 of NRS.

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

this section shall forthwith remit the money to the Division which

shall deposit the money with the State Treasurer for credit to the

Wildlife Account in the State General Fund.

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

501.388 1. The Commission may, in addition to any

suspension, revocation or other penalty imposed pursuant to any

other provision of this title:

(a) Revoke any license of any person who is convicted of a

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

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

date of the conviction; and

(b) Revoke any license of any person who is convicted of

unlawfully killing or possessing a bighorn sheep, mountain goat,

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

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

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

for any period not to exceed 3 years; and

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

tag for a period not to exceed 10 years.

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

immediate surrender of all such licenses and shall forward them to

the Commission.

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

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

act.

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

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

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

person such documentation as the Division provides as proof that

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

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

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

is under the age of 12 years.

3. The documentation required pursuant to this section must

be sold by the Division, and persons authorized by the Division to

sell hunting licenses, for a fee of $10.

4. The Division shall determine the form of the

documentation.

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

must be deposited with the State Treasurer for credit to the

Wildlife Obligated Reserve Account in the State General Fund.

The Division shall maintain separate accounting records for the

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

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

for the cost of administering the program of documentation. This

amount is in addition to compensation allowed persons authorized

to issue and sell licenses.

Sec. 9. 1. Before the Division may undertake any project

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

analyze the project and provide the Commission with

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

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

used for projects approved by the Commission for the protection

and propagation of upland game birds and for the acquisition,

development and preservation of the habitats of upland game birds

in this state.

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

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

summarizing any projects undertaken and the receipt and

expenditure of money and public benefits achieved by the program

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

except turkey and crow.

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

an annual hunting, trapping, fishing or combined hunting and

fishing license pursuant to NRS 502.240, a habitat conservation

fee of $3 must be paid.

2. The Wildlife Obligated Reserve Account is hereby created

in the State General Fund. Revenue from the habitat conservation

fee must be accounted for separately, deposited with the State

Treasurer for credit to the Wildlife Obligated Reserve Account

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

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

rehabilitation and restoration. The interest and income earned on

the money in the Wildlife Obligated Reserve Account, after

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

3. The money in the Wildlife Obligated Reserve Account

remains in the Account and does not revert to the State General

Fund at the end of any fiscal year.

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

502.040 1. The Commission shall adopt regulations

[regarding:] establishing:

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

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

of their duties . [;

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

license agents . [;

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

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

[and] permits and other documents received, issued, sold or

returned.

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

failure to abide by the regulations of the Commission. The agent

may appeal to the Commission for reinstatement.

2. An application to become a license agent must be

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

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

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

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

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

applicant. Before issuing any license, the license agent shall satisfy

himself of the identity of the applicant and the place of his

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

identity and residence.

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

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

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

Division for deposit in accordance with NRS 501.356 of all money

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

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

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

other documents which he receives from it.

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

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

of:

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

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

permit or other document; and

(b) Ten cents for each stamp.

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

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

or document of the agent relating to the issuance of any such

license, stamp, tag [or permit.] , permit or other document.

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

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

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

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

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

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

punishable under the laws provided.

Sec. 13. (Deleted by amendment.)

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

502.077 1. The Division shall issue special fishing permits to

[the administrative head of:

(a) Northern Nevada Adult Mental Health Services;

(b) Southern Nevada Adult Mental Health Services;

(d) The Southern Nevada Children’s Home;

(e) The Nevada Youth Training Center;

(f) The Caliente Youth Center;

(g) The Spring Mountain Youth Camp;

(h) The China Spring Youth Camp;

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

(a) Mental health facility or hospital that provides mental

health services;

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

(d) Facility or establishment that provides care for older

persons;

(e) Facility which provides temporary foster care for children

who are not delinquent; and

[(j) Such other public or charitable institutions or organizations

as are designated by regulations adopted by the Commission, for use

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

organizations.]

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

disadvantaged or at-risk children.

2. The permits:

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

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

is fishing.

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

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

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

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

has a valid Nevada fishing license.

prescribed by the Commission.

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

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

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

children, respectively, to fish.

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

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

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

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

organization.

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

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

permit issued by the Division pursuant to this section.

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

502.130 1. In addition to the regular hunting licenses and

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

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

mountain sheep or bear.

2. Whenever it is determined by the Commission that it is

necessary for correct management:

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

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

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

any area, unless a special season has been designated in a

management area, in which case the] Commission may limit the

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

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

possess any species of wildlife.

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

issued pursuant to paragraph (b) of subsection 2.

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

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

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

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

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

the private land or to any improvements thereon.

2. An application made pursuant to this section must:

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

(b) Establish to the satisfaction of the Division that the applicant

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

NRS 502.250 and any fee charged for administrative costs.

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

investigation it deems appropriate and, if it approves the application,

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

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

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

applicant.

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

section:

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

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

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

price mutually agreed upon;

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

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

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

the private land is located; and

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

issued; or

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

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

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

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

control of private land that blocks access to adjacent public land

must provide access to the public land during the hunting season to

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

the public land.

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

provisions of this title and of the regulations adopted by the

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

section. The Commission:

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

which may be issued annually by the Division pursuant to this

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

deer and antelope tags which are authorized for issuance annually

throughout the State; and

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

out the provisions of this section.

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

of each regular session of the Legislature, submit to the Director of

the Legislative Counsel Bureau for distribution to the Legislature a

report summarizing the activities of the Division taken pursuant to

the provisions of this section during the preceding biennium,

including any problems associated with the issuance and use of tags

authorized by this section and any recommendations for correcting

those problems.

Sec. 17. (Deleted by amendment.)

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

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

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

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

must be conducted using a computer program that awards tags or

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

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

computer program at the end of the term of the contract. The

Division shall solicit bids for the contract pursuant to the provisions

of chapter 333 of NRS.

2. The Division shall:

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

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

permits, documents or other information required by the private

entity to conduct the drawing; and

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

drawing.

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

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

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

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

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

in the regulations adopted by the Commission pursuant to the

provisions of subsection 5.

5. The Commission shall adopt regulations necessary to carry

out the provisions of this section, including regulations that

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

drawing specified in subsection 1 if no private entity qualifies for

the awarding of the contract.

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

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

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

management area, which management area may include all of any

county, any portion of any county[,] or any continuous area in

adjacent counties.

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

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

Commission shall determine the manner in which the tags are

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

application, the manner of delivering the tags and other necessary

matters.

3. Whenever applications, money or tags and licenses are

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

delay in the mails.

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

502.200 [It] Except as otherwise authorized pursuant to

regulations adopted by the Commission, it is unlawful for any

[nonresident] hunter:

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

area . [in regular season.]

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

than at the time and place intended.

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

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

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

previously issued has been lost , stolen or destroyed and upon

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

tag to the applicant.

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

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

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

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

of a fee of [$5.] $10.

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

replacement tag pursuant to NRS 502.215.

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

502.240 The Division shall issue annual licenses and limited

permits:

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

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

months immediately preceding his application for a license, upon

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

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

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

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

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

For a fishing license[$20] $25

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

For each consecutive day added to a 1-day permit

to fish[2] 3

For a hunting license[23] 29

For a combined hunting and fishing license[38] 50

For a trapping license[30] $38

For a fur dealer’s license[50] 63

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

For an annual subguide’s license[75] 125

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

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

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

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

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

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

the Commission and the Arizona Game and Fish Commission, but

not to exceed $30.]

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

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

payment of a fee of:

[For a fishing license, except for a fishing license

to fish in the reciprocal waters of the Colorado

River, Lake Mead and Lake Mohave, which

license must cost a sum agreed upon by the

Commission and the Arizona Game and Fish

Commission, but not to exceed $30$50]

For an annual fishing license$65

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

For each consecutive day added to a 1-day permit

to fish[4] 7

For a hunting license[110] 138

For a combined hunting and fishing license195

For an annual trapper’s license[150] 188

For a fur dealer’s license[100] 125

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

For an annual subguide’s license[150] 250

For a 1-day permit to hunt upland game and

waterfowl[15] 20

For each consecutive day added to a 1-day permit

to hunt upland game and waterfowl[5] 8

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

payment of a fee of:

For a noncommercial license for the possession

of live wildlife[$5] $15

For a commercial or private shooting preserve[100] 125

For a commercial license for the possession of

live wildlife[100] 500

For a live bait dealer’s permit[35] $44

For a competitive field trials permit[25] 31

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

For a 1-year falconry license[30] 38

For a 3-year falconry license[75] 94

For an importation permit[5] 15

For an import eligibility permit[25] 31

For an exportation permit[5] 15

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

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

special permit set by the Commission.

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

502.245 1. The Division shall issue any hunting or fishing

license or combined hunting and fishing license authorized under

the provisions of this chapter, upon proof satisfactory of the

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

has resided in this state:

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

his application for a license and:

(1) Has a severe physical disability; or

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

16th birthday; or

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

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

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

Hunting license$4

Fishing license4

Combined hunting and fishing license7]

a fee of:

For a hunting license$9

For a fishing license9

For a combined hunting and fishing license17

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

means a physical disability which materially limits the person’s

ability to engage in gainful employment.

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

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

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

that must be charged for the following tags is:

Resident deer tag [for regular season$15

Nonresident and alien deer tag for regular season60] $30

Resident antelope tag[50] 60

Resident elk tag[100] $120

Resident bighorn tag[100] 120

Resident mountain goat tag[100] 120

Resident mountain lion tag25

Nonresident deer tag240

Nonresident antelope tag300

Nonresident elk tag1,200

Nonresident bighorn tag1,200

Nonresident mountain goat tag1,200

Nonresident mountain lion tag100

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

nonresident big game tags [for special seasons must not exceed

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

exceed [$1,000.

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

game tag established pursuant to this section.

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

by the Commission for other species pursuant to NRS 502.130 must

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

established pursuant to this section.

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

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

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

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

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

credit to the Wildlife Obligated Reserve Account in the State

General Fund and used for the prevention and mitigation of damage

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

5. The Commission may accept sealed bids for or may auction

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

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

wildlife and administering and conducting the bid or auction, not

more than 18 percent of the total amount of money received from

the bid or auction may be deposited with the State Treasurer for

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

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

deposited must be deposited with the State Treasurer for credit to

the Wildlife Heritage Trust Account in the State General Fund in

accordance with the provisions of NRS 501.3575.

6. The Commission may by regulation establish an additional

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

Wildlife Drawing. To reimburse the Division for the cost of

managing wildlife and administering and conducting the drawing,

not more than 18 percent of the total amount of money received

from the drawing may be deposited with the State Treasurer for

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

otherwise provided by regulations adopted by the Commission

pursuant to subsection 7, the money received by the Division from

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

be deposited with the State Treasurer for credit to the Wildlife

Heritage Trust Account in accordance with the provisions of

NRS 501.3575.

7. The Commission may adopt regulations which authorize the

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

to the provisions of this section.

Sec. 25. (Deleted by amendment.)

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

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

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

hunting licenses.

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

resident Indians] or hunting license, a resident Native American of

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

agent written identification signed by an officer of the Bureau of

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

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

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

reservation, colony or educational institution, stating that the bearer

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

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

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

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

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

therefor in NRS 502.250.

Sec. 27. (Deleted by amendment.)

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

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

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

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

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

carries on his person:

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

ink across the face of the stamp; or

(b) Such documentation as the Division provides [via the

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

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

required pursuant to subsection 3 for the purchase of an unexpired

state duck stamp for that period.

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

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

(b) Is 65 years of age or older.

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

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

Division to sell hunting licenses. The Commission shall establish

the price to be charged by the Division or agents of the Division for

expired duck stamps . [, and the fee for unexpired duck stamps

within the limit provided.]

4. The Division shall determine the form of the stamps.

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

502.310 All money received pursuant to NRS 502.300 must be

deposited with the State Treasurer for credit to the Wildlife

Obligated Reserve Account in the State General Fund. The Division

shall maintain separate accounting records for the receipt and

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

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

administering the state duck stamp programs. This amount is in

addition to compensation allowed persons authorized to issue and

sell licenses.

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

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

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

is fishing he carries on his person:

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

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

(b) Such documentation as the Division provides [via the

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

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

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

stamp for that period.

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

(a) Is under the age of 12; or

(b) Is fishing:

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

during a consecutive day validly added to that permit; or

(2) In accordance with regulations adopted by the

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

subsection 1 of NRS 502.010.

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

Division and by persons authorized by the Division to sell hunting,

fishing and trapping licenses.

4. The Division shall determine the form of the stamps.

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

502.350 1. The Commission may authorize an instructor to

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

instruction in the responsibilities of hunters.

2. The Commission may authorize the imposition of an

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

duplicate certificate of successful completion of the course.

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

502.370 1. A license to practice taxidermy is required before

any person may perform taxidermal services for others on any

wildlife or their parts, nests or eggs.

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

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

applicants who satisfy the requirements established by the Division

and pay a fee of:

Fee to practice commercial taxidermy[$35] $44

Fee to practice noncommercial taxidermy[5] 20

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

taxidermy must apply for the license on an application form

provided by the Division. The applicant must provide such

information on the form as the Commission may require by

regulation.

4. The Commission may adopt regulations governing the

licensing of taxidermists and the practice of taxidermy, including:

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

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

been processed by a taxidermist;

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

operating procedures of taxidermists as the Commission may deem

necessary.

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

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

inspect his operations and records.

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

this title or the regulations adopted by the Commission, the

Commission may revoke his license and may refuse to issue another

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

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

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

conducted exclusively for scientific purposes, or for the

advancement of agriculture, biology or any of the sciences.

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

502.390 1. Any:

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

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

agricultural or recreational purposes, containing chemicals or

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

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

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

an artificial body of water containing chemicals directly associated

with the processing of ore,

must first obtain a permit from the Division authorizing the

development or maintenance of the body of water.

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

permit, the Division shall issue the permit or deny the application

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

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

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

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

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

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

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

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

30 days after the transfer of ownership.

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

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

assessment. The amount of the assessment must be determined

pursuant to regulations adopted by the Commission. The assessment

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

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

assessment as required by this section and the regulations adopted

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

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

misdemeanor for any subsequent offense.

6. As used in this section:

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

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

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

mineral.

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

manages a mining operation.

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

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

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

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

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

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

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

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

person:

(a) Purchases from the Division or a license agent of the

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

provided by the Division for a second rod;

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

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

Division[.] , or such documentation as the Division provides as

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

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

section.

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

stamp, permit or documentation is valid only for the period for

which it is issued.

2. The Commission may by regulation authorize other methods

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

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

regulation.

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

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

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

lures, irrespective of the number of hooks or attractor blades

attached thereto, may be attached to the line.

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

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

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

submit an application to the Division. The application must be

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

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

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

permit to the applicant.

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

the recipient to use any equipment in any navigable body of water

unless the recipient has obtained the appropriate permit for such a

use from the State Land Registrar.

3. It is unlawful for any person to:

(a) Conduct dredging operations without securing a permit

pursuant to subsection 1;

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

permit; or

the permit.

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

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

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

permanently marked with the name and address of the owner or

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

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

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

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

503.650 Nothing in this title:

1. Prohibits any person, upon the written permit of the

Division, from taking, killing, possessing or banding any species of

wildlife, or collecting the nest or eggs thereof, for strictly scientific

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

limited by the Division.

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

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

educational purposes.

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

or educational purposes is [$5.] $50.

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

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

commercial or private shooting preserve, the licensee must advise

the Division, in writing, of the number of each species of upland

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

and receive in writing, a shooting authorization which states the

number of each species which may be taken by shooting.

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

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

be banded with legbands, the specifications of which must be

determined by commission regulation. Legbands must remain with

the birds and not be removed until the birds are utilized by the

hunter.

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

may take such upland game bird from such licensed preserve by

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

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

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

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

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

regulations governing the species of upland game birds that may

be taken on a commercial or private shooting preserve.

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

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

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

mammals or wild birds and fishing and includes the transporting of

another person or his equipment to hunting and fishing locations

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

determines the destination or course of travel.

2. Every person who provides guide service for compensation

or provides guide service as an incidental service to customers of

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

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

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

has not reached 21 years of age.

3. Each person who assists a person who is required to have a

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

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

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

years of age.

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

provided in NRS 502.240.

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

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

The application must contain the social security number of the

applicant and such other information as the Commission may

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

guide during the previous licensing year, his application must be

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

nonrefundable fee of $1,500.

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

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

that person was not licensed as a subguide during the previous

licensing year, his application must be accompanied by a

nonrefundable fee of $50.

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

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

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

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

of the number of hunters and fishermen served, and any other

information which the Division may require concerning fish and

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

the Division on request.

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

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

chapter 488 of NRS, the Commission may revoke the license of the

licensee and may refuse issuance of another license to the licensee

for a period not to exceed 5 years.

10. The Commission may adopt regulations covering the

conduct and operation of a guide service.

11. The Division may issue master guide and subguide licenses

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

determined by the regulations of the Commission.

Sec. 39. (Deleted by amendment.)

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

488.075 1. The owner of each motorboat requiring

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

a certificate of ownership with the Division of Wildlife of the State

Department of Conservation and Natural Resources on forms

approved by it accompanied by:

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

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

issued by the Department of Taxation, or by proof of exemption

from those taxes as provided in NRS 372.320.

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

require.

The Division of Wildlife shall not issue a number, a certificate of

number or a certificate of ownership until this evidence is presented

to it.

2. The application must be signed by the owner of the

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

certificate of ownership and a fee according to the following

schedule as determined by the straight line length which is measured

from the tip of the bow to the back of the transom of the motorboat:

Less than 13 feet[$10] $20

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

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

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

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

31 feet or more [75] 100

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

the Division of Wildlife under the provisions of this chapter must be

deposited in the Wildlife Account in the State General Fund and

may be expended only for the administration and enforcement of the

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

the Division of Wildlife shall deposit with the respective county

school districts 50 percent of each fee collected according to the

motorboat’s length for every motorboat registered from their

respective counties. Upon receipt of the application in approved

form, the Division of Wildlife shall enter the application upon the

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

stating the number awarded to the motorboat, a certificate of

ownership stating the same information and the name and address of

the registered owner and the legal owner.

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

purchase of a validation decal. The fee for a validation decal is

determined by the straight line length of the motorboat and is

equivalent to the fee set forth in the schedule provided in subsection

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

[$10.] $20.

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

the motorboat the identification number in such manner as may be

prescribed by regulations of the Commission in order that the

number may be clearly visible. The number must be maintained in

legible condition.

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

available at all times for inspection on the motorboat for which

issued, whenever the motorboat is in operation.

6. The Commission shall provide by regulation for the issuance

of numbers to manufacturers and dealers which may be used

interchangeably upon motorboats operated by the manufacturers and

dealers in connection with the demonstration, sale or exchange of

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

[$15.] $20.

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

488.115 1. The Division of Wildlife of the State Department

of Conservation and Natural Resources may award any certificate of

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

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

assigned a block of numbers and certificates therefor which upon

award, in conformity with the provisions of this chapter and with

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

by the Division of Wildlife. At the time an agent forwards the

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

cents] $1 per certificate of number.

2. All records of the Division of Wildlife made or kept

pursuant to this section are public records.

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

488.1795 Upon receipt of a properly endorsed certificate of

ownership and the certificate of number of any motorboat, the

transferee shall within 10 days file the certificates accompanied by a

fee of [$5] $20 with the Division of Wildlife of the State

Department of Conservation and Natural Resources and thereby

make application for a new certificate of ownership and a new

certificate of number.

Sec. 43. (Deleted by amendment.)

Sec. 44. NRS 501.080, 501.085 and 502.230 are hereby

repealed.

Sec. 45. 1. This section becomes effective on July 1, 2003.

2. Sections 1, 2 and 3 of this act become effective on July 1,

2003, for the purpose of adopting regulations and on January 1,

2004, for all other purposes.

3. Sections 12 and 37 of this act become effective on July 1,

2003, for the purpose of adopting regulations and on March 1, 2004,

for all other purposes.

4. Sections 3.3, 3.7, 4.7 and 5.5 of this act become effective on

October 1, 2003.

5. Sections 4, 5, 15 to 20, inclusive, and 39 to 44, inclusive, of

this act become effective on January 1, 2004.

6. Sections 4.3, 6 to 11, inclusive, 13, 14, 21 to 36, inclusive,

and 38 of this act become effective on March 1, 2004.

7. Section 38 of this act expires by limitation on the date on

which the provisions of 42 U.S.C. § 666 requiring each state to

establish procedures under which the state has authority to withhold

or suspend, or to restrict the use of professional, occupational and

recreational licenses of persons who:

(a) Have failed to comply with a subpoena or warrant relating to

a procedure to determine the paternity of a child or to establish or

enforce an obligation for the support of a child; or

(b) Are in arrears in the payment for the support of one or more

children,

are repealed by the Congress of the United States.

²⁰~~~~~⁰³