[Rev. 11/21/2013 12:14:37
PM--2013]
TITLE 45 - WILDLIFE
CHAPTER 501 - ADMINISTRATION AND
ENFORCEMENT
GENERAL PROVISIONS
NRS 501.001 Definitions.
NRS 501.003 “Alternative
livestock” defined.
NRS 501.005 “Big
game mammal” defined.
NRS 501.010 “Board”
defined.
NRS 501.013 “Chumming”
defined.
NRS 501.015 “Closed
season” defined.
NRS 501.020 “Commission”
defined.
NRS 501.023 “County”
defined.
NRS 501.024 “Department”
defined.
NRS 501.026 “Director”
defined.
NRS 501.030 “Fishes,”
“fishing,” “fished” and “to fish” defined.
NRS 501.035 “Fur-bearing
mammal” defined.
NRS 501.037 “Game
amphibian” defined.
NRS 501.045 “Game
fish” defined.
NRS 501.046 “Game
mammal” defined.
NRS 501.047 “Game
warden” defined.
NRS 501.050 “Hunting,”
“hunted” and “to hunt” defined.
NRS 501.055 “Migratory
game birds” defined.
NRS 501.065 “Open
season” defined.
NRS 501.088 “Took,”
“taken,” “taking” and “to take” defined.
NRS 501.089 “Trap”
defined.
NRS 501.090 “Trapping,”
“trapped” and “to trap” defined.
NRS 501.095 “Upland
game birds” defined.
NRS 501.096 “Vessel”
defined.
NRS 501.097 “Wildlife”
defined.
NRS 501.100 Legislative
declaration regarding wildlife.
NRS 501.102 Legislative
declaration regarding hunting.
NRS 501.105 Commission
to establish policies and adopt regulations.
NRS 501.110 Classification
of wildlife.
NRS 501.115 Acceptance
of federal aid in projects for restoration of wildlife.
NRS 501.117 Acceptance
of federal aid in projects for restoration and management of fish.
NRS 501.118 Manner
of publication of order or regulation regarding seasons, bag limits or hours.
NRS 501.119 Collection
of data from hunters, trappers and anglers; penalty for failure to comply;
immunity from prosecution on basis of information supplied.
NRS 501.121 Contact
information to be posted on guzzler.
BOARD OF WILDLIFE COMMISSIONERS
NRS 501.167 Creation;
number and appointment of members.
NRS 501.171 Appointment
and qualifications of members; officers.
NRS 501.172 Removal
of member from office.
NRS 501.177 Meetings;
quorum.
NRS 501.179 Compensation
of members.
NRS 501.181 Duties;
regulations.
NRS 501.1812 System
of assessing demerit points for wildlife convictions: Definitions.
NRS 501.1814 System
of assessing demerit points for wildlife convictions: Establishment and
administration of system; assessment and deletion of points.
NRS 501.1816 System
of assessing demerit points for wildlife convictions: Reduction of accumulated
points; suspension or revocation of licenses, permits or privileges.
NRS 501.1817 System
of assessing demerit points for wildlife convictions: Judicial review of
suspension or revocation of license, permit or privilege.
NRS 501.1818 System
of assessing demerit points for wildlife convictions: Regulations.
NRS 501.182 Cooperative
agreements with adjoining states.
NRS 501.243 Enforcement
of chapter 488 of NRS; regulations;
cooperative agreements.
COUNTY ADVISORY BOARD TO MANAGE WILDLIFE
NRS 501.260 Creation;
number of members; officers.
NRS 501.265 Appointment
of members; vacancies.
NRS 501.270 Qualifications
of members.
NRS 501.275 Appointment
and terms of members.
NRS 501.285 Compensation
of members.
NRS 501.290 Meetings.
NRS 501.293 Removal
of member.
NRS 501.297 Duties:
Evaluating local opinion and advising Commission.
NRS 501.303 Duties:
Submission of recommendations; attendance of chair or other members at meetings
of Commission.
NRS 501.310 Fund
for advisory board.
NRS 501.320 Budgets.
NRS 501.325 Duties
of county auditor and county treasurer.
DEPARTMENT OF WILDLIFE
NRS 501.331 Creation;
administration of laws.
NRS 501.333 Director:
Appointment; qualifications; classification.
NRS 501.337 Director:
Duties.
NRS 501.339 Director:
Exercise of powers of Commission in emergency; designation of deputies and game
wardens.
NRS 501.341 Offices.
NRS 501.343 Collection
and dissemination of certain information; publications.
NRS 501.346 Fees
for advertising in printed materials or on website of Department.
NRS 501.349 Game
wardens.
NRS 501.351 Cooperative
and reciprocal agreements.
NRS 501.352 Reporting
of suspected communicable diseases in wildlife.
NRS 501.3525 Taking
of wildlife by employee of Department.
NRS 501.3535 Fences
constructed by Department: Requirements concerning construction and
maintenance.
NRS 501.354 Receipt,
deposit and expenditure of money.
NRS 501.356 Wildlife
Fund Account. [Effective until conveyance of the Carson Lake Pasture to the
State of Nevada.]
NRS 501.356 Wildlife
Fund Account. [Effective upon conveyance of the Carson Lake Pasture to the
State of Nevada.]
NRS 501.3575 Wildlife
Heritage Trust Account.
NRS 501.3585 Wildlife
Trust Fund.
NRS 501.359 Wildlife
Imprest Account.
NRS 501.361 Petty
Cash Account.
NRS 501.363 Change
Account.
ENFORCEMENT AND PENALTIES
NRS 501.375 Powers
and duties of game wardens, sheriffs and other peace officers.
NRS 501.376 Unlawful
killing or possession of bighorn sheep, mountain goat, elk, deer, pronghorn
antelope, mountain lion or black bear; criminal penalties.
NRS 501.3765 Unlawful
activities concerning traps, snares or similar devices owned by another person;
criminal penalties.
NRS 501.377 Unlawful
to remove, tamper with or alter tag placed on wildlife or equipment seized as
evidence.
NRS 501.379 Unlawful
sales of wildlife or importation of game mammals, game birds or game
amphibians; exception.
NRS 501.381 Unlawful
sale of game fish.
NRS 501.382 Unlawful
feeding of big game mammal; penalties; exceptions.
NRS 501.383 Unlawful
vandalism of sign or notice erected by Department.
NRS 501.384 Unlawful
possession of certain wildlife from another state or country.
NRS 501.385 Unlawful
acts; criminal penalties.
NRS 501.3855 Civil
penalties.
NRS 501.3857 Forfeitures.
NRS 501.386 Citation
of violators.
NRS 501.3865 Failure
to appear by holder of license, tag or permit.
NRS 501.3867 Failure
to appear by person who does not hold license, tag or permit.
NRS 501.387 Penalties
concerning licenses; confiscation and disposal of wildlife.
NRS 501.388 Revocation
of license and of privilege to apply for big game tag on conviction of certain
violations.
NRS 501.389 Sale,
donation or retention of equipment seized as evidence.
NRS 501.395 Rewards.
_________
_________
GENERAL PROVISIONS
NRS 501.001 Definitions. As
used in this title, unless the context otherwise requires, the words and terms
defined in NRS 501.003 to 501.097,
inclusive, have the meanings ascribed to them in those sections.
(Added to NRS by 2007, 1796; A 2013, 1001)
NRS 501.003 “Alternative livestock” defined. “Alternative
livestock” means the following species, including subspecies, of the family
Cervidae, if they are born and reared in captivity and raised on private
property to produce meat or other by-products of animals or as breeding stock
to produce alternative livestock:
1. Fallow deer (Dama dama).
2. Reindeer (Rangifer tarandus).
(Added to NRS by 1993, 429; A 2005, 205; 2007, 1796)
NRS 501.005 “Big game mammal” defined. Except
as otherwise provided in NRS 501.382, “big game
mammal” means any game mammal so classified by Commission regulation.
(Added to NRS by 1991, 258; A 2007, 1796; 2013, 1020)
NRS 501.010 “Board” defined. “Board”
means the county advisory board to manage wildlife.
[Part 5:101:1947; 1943 NCL § 3035.05]—(NRS A 1985, 1349; 2007, 1796)
NRS 501.013 “Chumming” defined. “Chumming”
means the placing in the water of fish, parts of fish or other material upon
which fish feed, for the purpose of attracting fish to a particular area in
order that they may be taken.
(Added to NRS by 1969, 1350; A 2007, 1796)
NRS 501.015 “Closed season” defined. “Closed
season” means all periods except those designated as “open season.” During any
such season it is unlawful to fish, to hunt game mammals or game birds, or to
hunt or trap fur-bearing mammals. There is no closed season on those species of
wild mammals or wild birds classified as unprotected.
[Part 6:101:1947; A 1949, 292; 1951, 544]—(NRS A
1969, 1345; 1991,
258; 2007,
1796)
NRS 501.020 “Commission” defined. “Commission”
means the Board of Wildlife Commissioners.
[Part 5:101:1947; 1943 NCL § 3035.05]—(NRS A 1979,
890; 1997, 2532;
2007, 1796;
2011, 2479)
NRS 501.023 “County” defined. “County,”
when appearing alone or in the reference framework of county advisory board to
manage wildlife, board of county commissioners or any county officer, includes
and applies to Carson City.
(Added to NRS by 1969, 1350; A 1985, 1349; 2007, 1796)
NRS 501.024 “Department” defined. “Department”
means the Department of Wildlife.
(Added to NRS by 2003, 1520; A 2007, 1796)
NRS 501.026 “Director” defined. “Director”
means the Director of the Department.
(Added to NRS by 2003, 1520; A 2007, 1796)
NRS 501.030 “Fishes,” “fishing,” “fished” and “to fish” defined. The words “to fish” and their derivatives,
“fishes,” “fishing” and “fished,” mean catching, taking, capturing, killing,
injuring or crippling of a fish or game amphibian, and every attempt to do so.
[4:101:1947; 1943 NCL § 3035.04]—(NRS A 1969, 1345; 1993, 66; 2007, 1797)
NRS 501.035 “Fur-bearing mammal” defined. “Fur-bearing
mammal” means any mammal so classified by Commission regulation.
[Part 1:101:1947; 1943 NCL § 3035.01]—(NRS A 1959,
360; 1969, 1345; 1991,
258; 2007,
1797)
NRS 501.037 “Game amphibian” defined. “Game
amphibian” means any amphibian so classified by Commission regulation.
(Added to NRS by 1971, 1538; A 2007, 1797)
NRS 501.045 “Game fish” defined. “Game
fish” means any fish so classified by Commission regulation.
[Part 1:101:1947; 1943 NCL § 3035.01]—(NRS A 1959,
361; 1969, 1345; 2007,
1797)
NRS 501.046 “Game mammal” defined. “Game
mammal” means any mammal so classified by Commission regulation.
[Part 1:101:1947; 1943 NCL § 3035.01]—(NRS A 1959,
361; 1969, 1345; 1991,
258; 2007,
1797)
NRS 501.047 “Game warden” defined. “Game
warden” means any person authorized by the Director to enforce the provisions
of this title and of chapter 488 of NRS.
(Added to NRS by 1969, 1350; A 1993, 1653; 2003, 1521; 2007, 1797)
NRS 501.050 “Hunting,” “hunted” and “to hunt” defined. The words “to hunt” and their derivatives,
“hunting” and “hunted,” mean to search for, pursue or attract any wildlife for
the purpose and with the means of capturing, injuring or killing that wildlife,
every attempt to capture, injure or kill wildlife, and every act of assistance
to any other person in capturing, injuring or killing that wildlife.
[Part 2:101:1947; A 1949, 292; 1943 NCL §
3035.02]—(NRS A 1969, 1346; 1991, 258; 2007, 1797)
NRS 501.055 “Migratory game birds” defined. “Migratory
game birds” means any birds so classified by Commission regulation.
[Part 1:101:1947; 1943 NCL § 3035.01]—(NRS A 1959,
361; 1969, 1346; 2007,
1797)
NRS 501.065 “Open season” defined. “Open
season” means that period designated pursuant to the provisions of this title
during which it is legal to fish or to hunt game mammals or game birds or to
hunt or to trap fur-bearing mammals. The period includes the first day and last
day designated. There is no open season on those species of wildlife classified
as protected.
[Part 6:101:1947; A 1949, 292; 1951, 544]—(NRS A 1969,
1346; 1991, 258;
2007, 1797)
NRS 501.088 “Took,” “taken,” “taking” and “to take” defined. The words “to take” and their derivatives,
“took,” “taken” and “taking,” when used in reference to wildlife, mean to kill,
capture, shoot, trap, catch, wound, possess, collect, seine, snare or net, and
every attempt to do so.
(Added to NRS by 1993, 133; A 2007, 1797)
NRS 501.089 “Trap” defined. “Trap”
means a device that is designed, built or made to close upon or hold fast any
portion of an animal.
(Added to NRS by 2013, 1001)
NRS 501.090 “Trapping,” “trapped” and “to trap” defined. The words “to trap” and their derivatives,
“trapping” and “trapped,” mean to set or operate any device, mechanism or
contraption that is designed, built or made to close upon or hold fast any
wildlife and every act of assistance to any person in so doing.
[3:101:1947; 1943 NCL § 3035.03]—(NRS A 1969, 1346; 1991, 258; 2007, 1797)
NRS 501.095 “Upland game birds” defined. “Upland
game birds” means any birds so classified by Commission regulation.
[Part 1:101:1947; 1943 NCL § 3035.01]—(NRS A 1959,
361; 1969, 1347; 2007,
1797)
NRS 501.096 “Vessel” defined. “Vessel”
means every kind of watercraft, other than a seaplane on the water, which is
used or capable of being used as a means of transportation on water.
(Added to NRS by 1979, 899; A 2007, 1798)
NRS 501.097 “Wildlife” defined. “Wildlife”
means any wild mammal, wild bird, fish, reptile, amphibian, mollusk or
crustacean found naturally in a wild state, whether indigenous to Nevada or not
and whether raised in captivity or not.
(Added to NRS by 1969, 1350; A 1987, 560; 1991, 259; 2007, 1798)
NRS 501.100 Legislative declaration regarding wildlife.
1. Wildlife in this State not domesticated
and in its natural habitat is part of the natural resources belonging to the
people of the State of Nevada.
2. The preservation, protection,
management and restoration of wildlife within the State contribute immeasurably
to the aesthetic, recreational and economic aspects of these natural resources.
[Part 8:101:1947; A 1949, 292; 1943 NCL §
3035.08]—(NRS A 1969, 1347)
NRS 501.102 Legislative declaration regarding hunting. The Legislature declares that hunting
permitted by law in this State:
1. Is a valuable activity in the
management of game mammals and game birds.
2. Results in financial support for
conservation programs that benefit many species, including nongame wildlife.
3. Is an excellent source of food,
recreational opportunities and employment.
4. Contributes significantly to the
economy of this State and the quality of life of its citizens.
5. Provides a beneficial use for firearms,
archery equipment and other legal weapons used to take game mammals and game
birds, following the pioneer spirit of Nevada.
(Added to NRS by 1993, 1359)
NRS 501.105 Commission to establish policies and adopt regulations. The Commission shall establish policies and
adopt regulations necessary to the preservation, protection, management and
restoration of wildlife and its habitat.
[7:101:1947; 1943 NCL § 3035.07]—(NRS A 1969, 1347;
1971, 1381)
NRS 501.110 Classification of wildlife.
1. For the purposes of this title,
wildlife must be classified as follows:
(a) Wild mammals, which must be further
classified as either game mammals, fur-bearing mammals, protected mammals or
unprotected mammals.
(b) Wild birds, which must be further classified as
either game birds, protected birds or unprotected birds. Game birds must be
further classified as upland game birds or migratory game birds.
(c) Fish, which must be further classified as
either game fish, protected fish or unprotected fish.
(d) Reptiles, which must be further classified as
either protected reptiles or unprotected reptiles.
(e) Amphibians, which must be further classified
as either game amphibians, protected amphibians or unprotected amphibians.
(f) Mollusks, which must be further classified as
either protected mollusks or unprotected mollusks.
(g) Crustaceans, which must be further classified
as either protected crustaceans or unprotected crustaceans.
2. Protected wildlife may be further
classified as either sensitive, threatened or endangered.
3. Each species of wildlife must be placed
in a classification by regulation of the Commission and, when it is in the
public interest to do so, species may be moved from one classification to
another.
[Part 1:101:1947; 1943 NCL § 3035.01]—(NRS A 1959,
361; 1969, 1347; 1971, 1381; 1977, 76; 1987, 560; 1991, 259)
NRS 501.115 Acceptance of federal aid in projects for restoration of
wildlife.
1. The State of Nevada hereby assents to
the provisions of that certain Act of Congress commonly known and referred to
as the Pittman-Robertson Act, being c. 899, 50 Stat. 917, approved September 2,
1937, and also designated as 16 U.S.C. §§ 669-669j, providing federal aid to
states in wildlife restoration projects.
2. The Commission shall do any and all
things necessary to obtain for the State of Nevada the benefits provided in the
Act of Congress.
[1:92:1947] + [2:92:1947]—(NRS A 1995, 2584)
NRS 501.117 Acceptance of federal aid in projects for restoration and
management of fish.
1. The State of Nevada hereby assents to
the provisions of the Act of Congress known as the Dingell-Johnson Act, being
c. 658, 64 Stat. 430, approved August 9, 1950, 16 U.S.C. §§ 777 to 777k,
inclusive, providing federal aid to states in fish restoration and management
projects.
2. The Commission shall do all things
necessary to obtain for the State of Nevada the benefits provided by such Act
of Congress.
(Added to NRS by 1961, 194; A 1995, 2584)
NRS 501.118 Manner of publication of order or regulation regarding seasons,
bag limits or hours. Whenever the
Commission is required to publish any official order or regulation regarding
open or closed seasons, bag limits or hours, it shall publish once in each
case, in a newspaper of general circulation in the State of Nevada or in the
locality to which the order or regulation applies a notice of intention to
establish the order or regulation at an open meeting to be held on a date no
sooner than 10 days following the publication.
[Part 6.5:101:1947; added 1955, 74]—(NRS A 1969,
1551; 1975, 1413; 1977, 77; 1995, 134)
NRS 501.119 Collection of data from hunters, trappers and anglers; penalty
for failure to comply; immunity from prosecution on basis of information
supplied.
1. The Department is authorized to
determine methods of obtaining necessary data from hunters, trappers and
anglers relative to their activities and success.
2. The methods may include return of
reports attached to licenses and tags or questionnaires addressed to license
holders.
3. Failure to return such a report or
questionnaire within the period specified by regulation of the Commission or
the submission of any false statement thereon is cause for the Commission to:
(a) Deny the person the right to acquire any
license provided under this title for a period of 1 year; or
(b) Levy an administrative fine of $50 against
the person.
4. Any statement made on such a report or
questionnaire may not be the basis for prosecution for any indicated violations
of other sections of this title.
[10b:101:1947; added 1951, 494; A 1953, 675]—(NRS A
1969, 1358; 1971, 1381; 1987, 1448; 1993, 1653; 2003, 1521)
NRS 501.121 Contact information to be posted on guzzler.
1. Each guzzler must have posted on it a
notice providing the telephone number and any other contact information which
may be used to notify the person or agency that placed the guzzler if the
guzzler is in disrepair.
2. As used in this section, “guzzler”
means any artificial basin that collects or is designed and constructed to
collect precipitation specifically for use by any wildlife.
(Added to NRS by 2013, 504)
BOARD OF WILDLIFE COMMISSIONERS
NRS 501.167 Creation; number and appointment of members. The Board of Wildlife Commissioners,
consisting of nine members appointed by the Governor, is hereby created.
(Added to NRS by 1969, 1557; A 1977, 1229; 1979, 891;
1989, 2191)
NRS 501.171 Appointment and qualifications of members; officers.
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 and
possesses experience and expertise in advocating issues relating to
conservation;
(b) One member who is actively engaged in
farming;
(c) One member who is actively engaged in ranching;
(d) One member who represents the interests of
the general public; and
(e) Five members who during at least 3 of the 4
years immediately preceding their appointment held a resident license to fish
or hunt, or both, in Nevada.
3. The Governor shall not appoint to the
Commission any person who has been convicted of:
(a) A felony or gross misdemeanor for a violation
of NRS 501.376;
(b) A gross misdemeanor for a violation of NRS 502.060;
(c) A felony or gross misdemeanor for a violation
of NRS 504.395; or
(d) Two or more violations of the provisions of chapters 501 to 504,
inclusive, of NRS,
Ê during the
previous 10 years.
4. Not more than three members may be from
the same county whose population is 700,000 or more, not more than two members
may be from the same county whose population is 100,000 or more but less than
700,000, 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
Chair and a Vice Chair from among its members. A person shall not serve more
than two consecutive terms as Chair.
[Part 9:101:1947; A 1949, 292; 1943 NCL §
3035.09]—(NRS A 1969, 341, 1546; 1977, 1229; 1979, 891; 1989, 2191; 1995, 897, 2584; 2003, 2535; 2009, 444; 2011, 1293,
1639)
NRS 501.172 Removal of member from office.
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;
(b) A conviction of a gross misdemeanor for a
violation of NRS 502.060;
(c) A conviction of a felony or gross misdemeanor
for a violation of NRS 504.395; or
(d) Two or more convictions of violating the
provisions of chapters 501 to 504, inclusive, of NRS.
(Added to NRS by 1995, 896; A 2003, 2536; 2009, 445)
NRS 501.177 Meetings; quorum.
1. The Commission may hold not more than
nine meetings regularly each year based on need and the requests submitted by
the county advisory boards to manage wildlife.
2. Special meetings of the Commission may
be held at such times and places as the Commission deems proper.
3. Five members of the Commission
constitute a quorum for the transaction of any business which may come before
the Commission.
[Part 9:101:1947; A 1949, 292; 1943 NCL §
3035.09]—(NRS A 1969, 1547; 1979, 891; 1981, 607; 1983, 1446; 1989, 2192; 1995, 2585)
NRS 501.179 Compensation of members.
1. Members of the Commission are entitled
to receive a salary of not more than $80 per day, as fixed by the Commission,
while performing official duties for the Commission.
2. While engaged in the business of the
Commission, each member and employee of the Commission is entitled to receive
the per diem allowance and travel expenses provided for state officers and
employees generally.
3. Compensation and expenses must be paid
from the Wildlife Fund Account within the State General Fund.
[Part 9:101:1947; A 1949, 292; 1943 NCL §
3035.09]—(NRS A 1957, 160; 1969, 1547; 1975, 299; 1979, 891; 1981, 1986; 1985, 432; 1989, 1717; 2011, 3146)
NRS 501.181 Duties; regulations. 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.
(c) The promotion of uniformity of laws relating
to policy matters.
2. Guide the Department in its administration
and enforcement of the provisions of this title and of chapter 488 of NRS by the establishment of such
policies.
3. Establish policies for areas of
interest including:
(a) The management of big and small game mammals,
upland and migratory game birds, fur-bearing mammals, game fish, and protected
and unprotected mammals, birds, fish, reptiles and amphibians.
(b) The control of wildlife depredations.
(c) The acquisition of lands, water rights and
easements and other property for the management, propagation, protection and
restoration of wildlife.
(d) The entry, access to, and occupancy and use
of such property, including leases of grazing rights, sales of agricultural
products and requests by the Director to the State Land Registrar for the sale
of timber if the sale does not interfere with the use of the property on which
the timber is located for wildlife management or for hunting or fishing
thereon.
(e) The control of nonresident hunters.
(f) The introduction, transplanting or exporting
of wildlife.
(g) Cooperation with federal, state and local
agencies on wildlife and boating programs.
(h) The revocation of licenses issued pursuant to
this title to any person who is convicted of a violation of any provision of
this title or any regulation adopted pursuant thereto.
4. Establish regulations necessary to
carry out the provisions of this title and of chapter
488 of NRS, including:
(a) 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 Department, the county advisory boards to manage wildlife and others who
wish to present their views at an open meeting. Any regulations relating to the
closure of a season must be based upon scientific data concerning the
management of wildlife. The data upon which the regulations are based must be
collected or developed by the Department.
(b) The manner of using, attaching, filling out,
punching, inspecting, validating or reporting tags.
(c) The delineation of game management units
embracing contiguous territory located in more than one county, irrespective of
county boundary lines.
(d) The number of licenses issued for big game
and, if necessary, other game species.
5. Adopt regulations requiring the
Department to make public, before official delivery, its proposed responses to
any requests by federal agencies for its comment on drafts of statements
concerning the environmental effect of proposed actions or regulations
affecting public lands.
6. Adopt regulations:
(a) Governing the provisions of the permit
required by NRS 502.390 and for the
issuance, renewal and revocation of such a permit.
(b) Establishing the method for determining the
amount of an assessment, and the time and manner of payment, necessary for the
collection of the assessment required by NRS
502.390.
7. Designate those portions of wildlife
management areas for big game mammals that are of special concern for the
regulation of the importation, possession and propagation of alternative
livestock pursuant to NRS 576.129.
8. Adopt regulations governing the
trapping of fur-bearing mammals in a residential area of a county whose
population is 100,000 or more.
(Added to NRS by 1969, 1557; A 1977, 1229; 1979, 891;
1985, 1349;
1989, 729, 1268; 1991, 259, 2283, 2289; 1993, 429, 816, 1654; 1995, 544; 1997, 2598; 2003, 1521, 2536; 2011, 1024)
NRS 501.1812 System of assessing demerit points for wildlife convictions:
Definitions. As used in NRS 501.1812 to 501.1818,
inclusive, unless the context otherwise requires:
1. “License” means a license or tag issued
by the Department for:
(a) Recreational hunting or fishing; or
(b) Taking fur-bearing mammals, trapping
unprotected mammals or selling raw furs for profit.
2. “Permit” means a permit issued by the
Department for recreational hunting or fishing.
3. “Wildlife conviction” means a
conviction obtained in any court of competent jurisdiction in this State,
including, without limitation, a conviction obtained upon a plea of nolo
contendere or upon a forfeiture of bail not vacated in any such court, for a
violation of:
(a) A provision of this title or any regulation
adopted pursuant to this title other than a provision of NRS 502.370, 502.390, 503.185, 503.310 or 504.295 to 504.398, inclusive; or
(b) A provision of the Lacey Act Amendments of
1981, 16 U.S.C. §§ 3371 et seq., if the violation of that provision is based on
a violation of a law or regulation of this State.
(Added to NRS by 1995, 896; A 1997, 264, 1025; 1999, 1043; 2003, 1522; 2009, 445)
NRS 501.1814 System of assessing demerit points for wildlife convictions:
Establishment and administration of system; assessment and deletion of points.
1. The Commission shall establish and the
Department shall administer and enforce a system of assessing demerit points
for wildlife convictions. The system must be uniform in its operation.
2. Pursuant to the schedule of demerit
points established by regulation of the Commission for each wildlife conviction
occurring within this State affecting any holder of a license, permit or
privilege issued pursuant to this title, the Department shall assess demerit
points for the 60-month period preceding a person’s most recent wildlife
conviction. Sixty months after the date of the conviction, the demerit points for
that conviction must be deleted from the total demerit points accumulated by
that person. The date of the conviction shall be deemed the date on which
accumulated demerit points must be assessed. If a conviction of two or more
wildlife violations committed at a single event is obtained, demerit points
must be assessed for the offense having the greater number of demerit points.
(Added to NRS by 1995, 896; A 1997, 1026; 1999, 1044; 2003, 1523; 2009, 2645)
NRS 501.1816 System of assessing demerit points for wildlife convictions:
Reduction of accumulated points; suspension or revocation of licenses, permits
or privileges.
1. If a person accumulates 9 or more
demerit points, but less than 12, the Department shall notify the person of
that fact by certified mail. If, after the Department mails the notice, the
person presents proof to the Department that he or she has, after his or her
most recent wildlife conviction, successfully completed a course of instruction
in the responsibilities of hunters approved by the Department, the Department
shall deduct 4 demerit points from the person’s record. A person may attend a
course of instruction in the responsibilities of hunters only once in 60 months
for the purpose of reducing his or her demerit points.
2. If a person accumulates 12 or more
demerit points before completing a course of instruction pursuant to subsection
1, the Department shall suspend or revoke any license, permit or privilege
issued to the person pursuant to this title.
3. Not later than 60 days after the
Department determines that a person has accumulated 12 demerit points, the
Department shall notify the person by certified mail that the person’s
privileges will be suspended or revoked. Except as otherwise provided in
subsection 4, the Department shall suspend or revoke those privileges 30 days
after it mails the notice.
4. Any person who receives the notice
required by subsection 3 may submit to the Department a written request for a
hearing before the Commission not later than 30 days after the receipt of the
notice. If a written request for a hearing is received by the Department:
(a) The suspension or revocation of the license,
permit or privilege is stayed until a determination is made by the Commission
after the hearing.
(b) The hearing must be held within 60 days after
the request is received.
5. The periods of suspension or revocation
imposed pursuant to this section must run concurrently. Except as otherwise
provided in this subsection, no license, permit or privilege may be suspended
or revoked pursuant to this section for more than 3 years. The license, permit
or privilege of a person who is convicted pursuant to NRS
501.376 of:
(a) A gross misdemeanor may not be suspended or
revoked for more than 5 years;
(b) Except as otherwise provided in paragraph
(c), a felony may not be suspended or revoked for more than 10 years; or
(c) Two or more felonies, arising from separate
events, must be permanently revoked.
6. If the Department suspends or revokes a
license, permit or privilege pursuant to this section, the period of suspension
or revocation begins 30 days after notification pursuant to subsection 3 or a
determination is made by the Commission pursuant to subsection 4. After a
person’s license, permit or privilege is suspended or revoked pursuant to this
section, all demerit points accumulated by that person must be cancelled.
(Added to NRS by 1995, 897; A 1997, 1026; 1999, 1044; 2003, 1523; 2005, 1308; 2009, 2645)
NRS 501.1817 System of assessing demerit points for wildlife convictions:
Judicial review of suspension or revocation of license, permit or privilege. Any person whose license, permit or privilege
has been suspended or revoked by the Department pursuant to NRS 501.1816 is entitled to judicial review of the
decision in the manner provided by chapter 233B
of NRS.
(Added to NRS by 1995, 897; A 1997, 1027; 2003, 1524)
NRS 501.1818 System of assessing demerit points for wildlife convictions:
Regulations. The Commission may
adopt such regulations as are necessary to carry out the provisions of NRS 501.1812 to 501.1818,
inclusive.
(Added to NRS by 1995, 897)
NRS 501.182 Cooperative agreements with adjoining states. The Commission may enter into cooperative
agreements with adjoining states for the management of interstate wildlife
populations and for the establishment of uniform boating regulations.
(Added to NRS by 1969, 1558)
NRS 501.243 Enforcement of chapter 488
of NRS; regulations; cooperative agreements.
1. The Department shall execute,
administer and enforce, and perform the functions and duties provided in chapter 488 of NRS.
2. The Commission has the power and
authority to:
(a) Promulgate rules and regulations governing
the use of waters for recreational purposes, which waters are open to the
public and are not under the direct control of any other state or federal
agency for recreational use.
(b) Enter into cooperative agreements with
federal, state and county agencies having regulatory powers pertaining to the
use of public waters for recreational purposes for the purpose of coordinating
such rules and regulations.
(Added to NRS by 1965, 1060; A 1969, 1551; 1993, 1655; 2003, 1524)
COUNTY ADVISORY BOARD TO MANAGE WILDLIFE
NRS 501.260 Creation; number of members; officers.
1. There is hereby created a county
advisory board to manage wildlife in each of the several counties.
2. In a county whose population:
(a) Is less than 700,000, each board consists of
three or five members, at the discretion of the board of county commissioners.
(b) Is 700,000 or more, each board consists of
five or seven members, at the discretion of the board of county commissioners.
3. A chair and vice chair must be selected
by each board.
[Part 13:101:1947; A 1949, 292; R 1953, 676; added
1953, 676]—(NRS A 1969, 1554; 1977, 1230; 1985, 1350; 1989, 2192; 2005, 457; 2011, 1293)
NRS 501.265 Appointment of members; vacancies.
1. The board of county commissioners shall
appoint qualified persons to the board who are residents of the county and are:
(a) Hunters, trappers or anglers; or
(b) Engaged in ranching or farming in the county.
2. In addition to the members appointed
pursuant to subsection 1, the board of county commissioners shall appoint one
qualified person to the board who represents the interests of the general
public of the county. The person appointed pursuant to this subsection must be
a resident of the county from which he or she is appointed.
3. Within 60 days after a vacancy occurs,
the board of county commissioners shall, if the vacant member was appointed:
(a) Pursuant to subsection 1, appoint a member to
the board upon the recommendation of:
(1) Organizations that represent hunters,
trappers or anglers in the county; and
(2) Persons who are engaged in ranching or
farming in the county.
(b) Pursuant to subsection 2, appoint a member to
the board pursuant to the provisions of that subsection.
4. Within 90 days after a vacancy occurs,
the board of county commissioners shall report to the Commission the name and
address of each member appointed.
[Part 13:101:1947; A 1949, 292; R 1953, 676; added
1953, 676]—(NRS A 1961, 473; 1969, 1554; 1971, 856; 1977, 1231; 1985, 1350; 1989, 2192; 2013, 445)
NRS 501.270 Qualifications of members. The
members of the board must be citizens of Nevada and bona fide residents of the
county from which appointed.
[Part 13:101:1947; A 1949, 292; R 1953, 676; added
1953, 676]—(NRS A 1969, 1555; 1985, 1351)
NRS 501.275 Appointment and terms of members.
1. The boards of county commissioners
shall appoint members to the boards of their respective counties.
2. Each member appointed shall serve a
term of 3 years.
[Part 13:101:1947; A 1949, 292; R 1953, 676; added
1953, 676]—(NRS A 1961, 474; 1969, 1555; 1977, 1231; 1985, 1351)
NRS 501.285 Compensation of members. Members
of the board shall serve without salary or compensation.
[Part 13:101:1947; A 1949, 292; R 1953, 676; added
1953, 676]—(NRS A 1985, 1351)
NRS 501.290 Meetings. The board
shall meet before those meetings of the Commission at which seasons, bag limits
or hours are to be established and at such other times as the chair may call or
the Commission may request.
[Part 13:101:1947; A 1949, 292; R 1953, 676; added
1953, 676]—(NRS A 1969, 1556; 1985, 1351)
NRS 501.293 Removal of member. Members
of boards may be removed by the boards of county commissioners of the counties
served for cause, including, but not limited to, absences from three
consecutive, duly called board meetings, unless excused by their respective
board chairs.
(Added to NRS by 1969, 1559; A 1977, 1231; 1985, 1351)
NRS 501.297 Duties: Evaluating local opinion and advising Commission. The boards shall solicit and evaluate local
opinion and advise the Commission on matters relating to the management of
wildlife within their respective counties.
(Added to NRS by 1969, 1560; A 1985, 1351)
NRS 501.303 Duties: Submission of recommendations; attendance of chair or
other members at meetings of Commission.
1. The boards shall submit recommendations
for setting seasons for fishing, hunting and trapping, which must be considered
by the Commission in its deliberation on and establishment of regulations
covering open or closed seasons, bag limits, hours and other regulations or
policies.
2. The chair or vice chair, or members of
the board appointed by them:
(a) Shall attend the meetings of the Commission
at which seasons are set or bag limits, hours or other regulations and policies
are established; and
(b) Are entitled to receive such travel and per
diem expenses as are allowed by law.
(Added to NRS by 1969, 1560; A 1979, 893; 1985, 1351; 1989, 2192)
NRS 501.310 Fund for advisory board. There
is hereby created in each of the counties of this State a fund for the advisory
board. The fund must be kept in the county treasury, and all money received
from the Department must be placed in the fund.
[Part 47:101:1947; 1943 NCL § 3035.47]—(NRS A 1969,
1556; 1985,
1351; 1993,
1655; 2003,
1524)
NRS 501.320 Budgets.
1. Annually, not later than May 1, each
board shall prepare a budget for the period ending June 30 of the following
year, setting forth in detail its proposed expenditures for carrying out its
duties as specified in this title within its county, and submit the budget to
the Commission accompanied by a statement of the previous year’s expenditures,
certified by the county auditor.
2. The Commission shall examine the budget
in conjunction with the Director or a person designated by the Director, and
may increase, decrease, alter or amend the budget.
3. Upon approval of the budget, the
Department shall transmit a copy of the approved budget to the board, and at
the same time withdraw from the Wildlife Fund Account within the State General
Fund and transmit to the board the money required under the approved budget for
disposition by the board in accordance with the approved budget. All money so
received must be placed in the fund for the advisory board.
[12:101:1947; 1943 NCL § 3035.12]—(NRS A 1959, 362;
1969, 1556; 1979, 893; 1985, 1352; 1993, 1655; 2003, 1524; 2011, 3146)
NRS 501.325 Duties of county auditor and county treasurer. The county auditors and county treasurers in
the respective counties are responsible for the safety and preservation of the
fund for the advisory board in their county to the same extent as they are in
respect to all other money in the county treasury. They shall observe and are
bound by the approved budget governing the disposition of the money and shall
report their actions currently in connection therewith.
[12a:101:1947; added 1949, 292; 1943 NCL §
3035.12a]—(NRS A 1985,
1352)
DEPARTMENT OF WILDLIFE
NRS 501.331 Creation; administration of laws. The
Department of Wildlife is hereby created. The Department shall administer the
wildlife laws of this State, chapter 488 of
NRS and NRS 701.610 to 701.640, inclusive.
(Added to NRS by 1969, 1558; A 1979, 893; 1993, 1655; 2003, 1524; 2007, 619; 2011, 2545,
3147; 2013, 1628)
NRS 501.333 Director: Appointment; qualifications; classification.
1. The Governor shall appoint a Director
of the Department, who is its Chief Administrative Officer. The Director serves
at the pleasure of the Governor.
2. The Governor shall select as Director a
person having an academic degree in the management of wildlife or a closely
related field, substantial experience in the management of wildlife and a
demonstrated ability to administer a major public agency. When appointing the
Director, the Governor may consider any person nominated by the Commission.
3. The Director is in the unclassified
service of the State.
[Part 10:101:1947; 1943 NCL § 3035.10]—(NRS A 1957,
160; 1960, 483; 1967, 1501; 1969, 1548; 1971, 1440; 1979, 893; 1985, 432; 1993, 1656; 2003, 1524; 2011, 1640)
NRS 501.337 Director: Duties. The
Director shall:
1. Carry out the policies and regulations
of the Commission.
2. Direct and supervise all administrative
and operational activities of the Department, and all programs administered by
the Department as provided by law. Except as otherwise provided in NRS 284.143, the Director shall devote his
or her entire time to the duties of the office and shall not follow any other
gainful employment or occupation.
3. Within such limitations as may be
provided by law, organize the Department and, from time to time with the
consent of the Commission, may alter the organization. The Director shall
reassign responsibilities and duties as he or she may deem appropriate.
4. Appoint or remove such technical,
clerical and operational staff as the execution of his or her duties and the
operation of the Department may require, and all those employees are
responsible to the Director for the proper carrying out of the duties and
responsibilities of their respective positions. The Director shall designate a
number of employees as game wardens and provide for their training.
5. Submit technical and other reports to
the Commission as may be necessary or as may be requested, which will enable
the Commission to establish policy and regulations.
6. Prepare, in consultation with the
Commission, the biennial budget of the Department consistent with the
provisions of this title, chapter 488 of NRS
and NRS 701.610 to 701.640, inclusive, and submit it to the
Commission for its review and recommendation before the budget is submitted to
the Chief of the Budget Division of the Department of Administration pursuant
to NRS 353.210.
7. Administer real property assigned to
the Department.
8. Maintain full control, by proper
methods and inventories, of all personal property of the State acquired and
held for the purposes contemplated by this title and by chapter 488 of NRS.
9. Act as nonvoting Secretary to the
Commission.
10. Adopt the regulations required
pursuant to NRS 701.610 and 701.630.
(Added to NRS by 1969, 1558; A 1977, 1231; 1979, 894;
1983, 850; 1985,
433; 1993,
1656; 1995,
2315, 2585;
1997, 651; 2003, 1525; 2011, 2546)
NRS 501.339 Director: Exercise of powers of Commission in emergency;
designation of deputies and game wardens. The
Director may:
1. In cases of emergency, with the prior
approval of the Governor, exercise the powers of the Commission until such time
as the Commission meets or the emergency ends.
2. Designate an employee or employees of
the Department to act as the Director’s deputy or deputies. In the Director’s
absence or inability to discharge the powers and duties of his or her office,
the powers and duties devolve upon the Director’s deputy or deputies.
3. Designate persons outside the
Department as game wardens if, in the Director’s opinion, the need for such
designations exists.
(Added to NRS by 1969, 1559; A 1979, 894; 1983, 851; 1989, 730; 1993, 1656; 2003, 1525)
NRS 501.341 Offices. The
headquarters of the Department must be maintained at such a location in the
State, and other offices may be established throughout the State in such number
and location, as will, in the opinion of the Director and the Commission,
provide an efficient departmental operation.
(Added to NRS by 1969, 1559; A 1973, 1475; 1979, 895;
1993, 1657;
1995, 2586;
1999, 1662;
2003, 1526)
NRS 501.343 Collection and dissemination of certain information;
publications. The Department may:
1. Collect and disseminate, throughout the
State, information calculated to educate and benefit the people of the State
regarding wildlife and boating, and information pertaining to any program administered
by the Department.
2. Publish wildlife journals and other
official publications, for which a specific charge may be made, such charge to
be determined by the Commission, with the proceeds to be deposited in the
Wildlife Fund Account within the State General Fund. No charge may be made for
any publication required by a regulation of the Commission.
(Added to NRS by 1969, 1559; A 1971, 1381; 1979, 895;
1993, 1657;
2003, 1526;
2011, 3147)
NRS 501.346 Fees for advertising in printed materials or on website of
Department.
1. The Department may charge fees for
advertising:
(a) In printed materials prepared by the
Department; and
(b) On a website on the Internet or its successor
that is maintained by the Department.
2. Any money collected by the Department,
pursuant to subsection 1 must be:
(a) Deposited with the State Treasurer for credit
to the Wildlife Fund Account in the State General Fund; and
(b) Used to pay the expenses of the Department,
including, without limitation, expenses incurred in the development, production
and distribution of:
(1) Printed materials prepared by the
Department;
(2) Materials used by the Department on
the website maintained by the Department; and
(3) Any informational and educational
materials provided by the Department for the purposes described in subsection 1
of NRS 501.343.
(Added to NRS by 2003, 666; A 2011, 3147)
NRS 501.349 Game wardens. Regular
employees and others designated by the Director as game wardens shall enforce
all provisions of this title and of chapter 488
of NRS.
[Part 10:101:1947; 1943 NCL § 3035.10]—(NRS A 1969,
1549; 1971, 1382; 1977, 1600; 1983, 851; 1993, 1657, 2540; 1995, 703; 2003, 1526)
NRS 501.351 Cooperative and reciprocal agreements.
1. The Director may enter into cooperative
or reciprocal agreements with the Federal Government or any agency thereof, any
other state or any agency thereof, any other agency of this state, any county
or other political subdivision of this state, to the extent permitted by the
provisions of chapter 277 of NRS, any public
or private corporation, or any person, in accordance with and for the purpose
of carrying out the policy of the Commission.
2. Such agreements do not relieve any
party thereto of any liability, independent of such agreements, existing under
any provision of law.
[1:286:1949; 1943 NCL § 3148.05] + [2:286:1949; 1943
NCL § 3148.06] + [3:286:1949; 1943 NCL § 3148.07]—(NRS A 1961, 194; 1969, 1550;
1979, 895; 1981, 607; 1993, 66, 1657; 1995, 509; 2003, 1526)
NRS 501.352 Reporting of suspected communicable diseases in wildlife. The Director shall require the personnel of
the Department to report to him or her as soon as practicable any reasonable
suspicion that a communicable disease may be present in wildlife in Nevada. The
Director shall, as soon as possible, inform the Director of the State
Department of Agriculture of any reasonable suspicion reported to him or her.
Any sample collected by the personnel of the Department in evaluating such a
suspicion must be forwarded to the Director of the State Department of
Agriculture as soon as practicable.
(Added to NRS by 1989, 1086; A 1993, 1657; 1999, 3626; 2003, 1526)
NRS 501.3525 Taking of wildlife by employee of Department. An employee of the Department may take any
wildlife from any place, except private property without lawful authority, and
in any manner for any purpose determined by the Director to be in the interest
of conserving wildlife in this State if the taking of the wildlife complies
with the requirements established by the United States Fish and Wildlife
Service or any other agency of the Federal Government.
(Added to NRS by 2005, 1307)
NRS 501.3535 Fences constructed by Department: Requirements concerning
construction and maintenance. If
the Department constructs or causes to be constructed a fence in carrying out
its duties, the Department shall, to the greatest extent practicable, ensure
that the fence is constructed and maintained in such a manner as to prevent
livestock from being trapped in the fence.
(Added to NRS by 2013, 504)
NRS 501.354 Receipt, deposit and expenditure of money. Except as otherwise provided by specific
statute, the Department shall receive, deposit and expend all money provided by
law for the administration of this title and of chapter
488 of NRS, pursuant to the authority contained in NRS
501.356 and in accordance with the Commission’s policy.
[Part 10:101:1947; 1943 NCL § 3035.10]—(NRS A 1969,
1549; 1979, 895; 1993,
1657; 2001,
973; 2003,
1526)
NRS 501.356 Wildlife Fund Account. [Effective until conveyance of the Carson
Lake Pasture to the State of Nevada.]
1. Money received by the Department from:
(a) The sale of licenses;
(b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;
(c) Remittances from the State Treasurer pursuant
to the provisions of NRS 365.535;
(d) Appropriations made by the Legislature; and
(e) All other sources, including, without
limitation, the Federal Government, 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, the Wildlife Trust Fund pursuant to NRS 501.3585, the Energy Planning and Conservation Account
created by NRS 701.630 or the Account
for the Recovery of Costs created by NRS
701.640,
Ê must be
deposited with the State Treasurer for credit to the Wildlife Fund Account in
the State General Fund.
2. The interest and income earned on the
money in the Wildlife Fund Account, after deducting any applicable charges,
must be credited to the Account.
3. Except as otherwise provided in
subsection 4 and NRS 503.597, the
Department may use money in the Wildlife Fund 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 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 Fund Account pursuant to the provisions of this title and any matching
money received by the Department from any source must be accounted for
separately and must be used:
(a) Only for the management of wildlife; and
(b) If the fee is for the sale or issuance of a
license, permit or tag other than a tag specified in subsection 5 or 6 of NRS 502.250, under the guidance of the
Commission pursuant to subsection 2 of NRS 501.181.
[Part 11:101:1947; 1943 NCL § 3035.11]—(NRS A 1963,
1194; 1965, 1069; 1969, 1552; 1971, 1382, 1383; 1973, 629; 1977, 44; 1979, 895;
1983, 448, 1588; 1991,
2284; 1993,
1658; 1995,
863, 2586;
2001, 973; 2003, 1526, 2537; 2009, 490; 2011, 2400,
2546, 3148; 2013, 2765)
NRS 501.356 Wildlife Fund Account.
[Effective upon conveyance of the Carson Lake Pasture to the State of Nevada.]
1. Money received by the Department from:
(a) The sale of licenses;
(b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;
(c) Remittances from the State Treasurer pursuant
to the provisions of NRS 365.535;
(d) Appropriations made by the Legislature; and
(e) All other sources, including, without
limitation, the Federal Government, 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, the Wildlife Trust Fund pursuant to NRS 501.3585, the Energy Planning and Conservation
Account created by NRS 701.630 or the
Account for the Recovery of Costs created by NRS
701.640,
Ê must be
deposited with the State Treasurer for credit to the Wildlife Fund Account in
the State General Fund.
2. The interest and income earned on the
money in the Wildlife Fund Account, after deducting any applicable charges,
must be credited to the Account.
3. Except as otherwise provided in
subsection 4 and NRS 503.597, the
Department may use money in the Wildlife Fund 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, 502.410 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 Fund Account pursuant to the provisions of this title and any matching
money received by the Department from any source must be accounted for
separately and must be used:
(a) Only for the management of wildlife; and
(b) If the fee is for the sale or issuance of a
license, permit or tag other than a tag specified in subsection 5 or 6 of NRS 502.250, under the guidance of the Commission
pursuant to subsection 2 of NRS 501.181.
[Part 11:101:1947; 1943 NCL § 3035.11]—(NRS A 1963,
1194; 1965, 1069; 1969, 1552; 1971, 1382, 1383; 1973, 629; 1977, 44; 1979, 895;
1983, 448, 1588; 1991,
2284; 1993,
1658; 1995,
863, 2586;
2001, 973; 2003, 1526, 2537; 2009, 305, 490; 2011, 2400,
2546, 3148; 2013, 2765,
effective upon conveyance of the Carson Lake Pasture to the State of Nevada in
accordance with chapter 209, Statutes of Nevada
1993, at page 447)
NRS 501.3575 Wildlife Heritage Trust Account.
1. The Wildlife Heritage Trust Account is
hereby created in the State General Fund. The money in the Account must be used
by the Department as provided in this section for:
(a) The protection, propagation, restoration,
transplantation, introduction and management of any game fish, game mammal,
game bird or fur-bearing mammal in this State; and
(b) The management and control of predatory
wildlife in this State.
2. Except as otherwise provided in NRS 502.250, money received by the
Department from:
(a) A bid, auction, Silver State Tag Drawing or
Partnership in Wildlife Drawing conducted pursuant to NRS 502.250; and
(b) A gift of money made by any person to the
Wildlife Heritage Trust Account,
Ê must be deposited
with the State Treasurer for credit to the Account.
3. The interest and income earned on the
money in the Wildlife Heritage Trust Account, after deducting any applicable
charges, must be credited to the Account.
4. The Department may annually expend from
the Wildlife Heritage Trust Account an amount of money not greater than 75
percent of the money deposited in the Account pursuant to subsection 2 during
the previous year and the total amount of interest earned on the money in the
Account during the previous year. The Commission shall review and approve
expenditures from the Account. No money may be expended from the Account
without the prior approval of the Commission.
5. The Commission shall administer the
provisions of this section and may adopt any regulations necessary for that
purpose.
(Added to NRS by 1995, 863; A 1997, 785; 2003, 1527; 2005, 584; 2009, 2056)
NRS 501.3585 Wildlife Trust Fund.
1. The Department shall establish the
Wildlife Trust Fund. The Department may accept any gift, donation, bequest or
devise from any private source for deposit in the Wildlife Trust Fund. Any
money received is private money and not state money. All money must be
accounted for in the Wildlife Trust Fund.
2. All of the money in the Wildlife Trust
Fund must be deposited in a financial institution to draw interest or to be
expended, invested and reinvested pursuant to the specific instructions of the
donor, or if no such specific instructions exist, in the sound discretion of
the Director. The provisions of NRS 356.011
apply to any accounts in financial institutions maintained pursuant to this
section.
3. The money in the Wildlife Trust Fund
must be budgeted and expended, within any limitations which may have been
specified by particular donors, at the discretion of the Director. The Director
may authorize independent contractors that may be funded in whole or in part
from the money in the Wildlife Trust Fund.
4. The Director or the Director’s designee
shall submit semiannually to the Interim Finance Committee and the Commission a
report concerning the investment and expenditure of the money in the Wildlife
Trust Fund in such form and detail as the Interim Finance Committee determines
is necessary.
5. A separate statement concerning the
anticipated amount and proposed expenditures of the money in the Wildlife Trust
Fund must be submitted to the Chief of the Budget Division of the Department of
Administration for his or her information at the same time and for the same
fiscal years as the requested budget of the Department submitted pursuant to NRS 353.210. The statement must be
attached to the requested budget for the Department when the requested budget
is submitted to the Fiscal Analysis Division of the Legislative Counsel Bureau
pursuant to NRS 353.211.
6. The provisions of chapter 333 of NRS do not apply to the
expenditure of money in the Wildlife Trust Fund.
(Added to NRS by 2011, 3146)
NRS 501.359 Wildlife Imprest Account.
1. The Wildlife Imprest Account in the
amount of $15,000 is hereby created for the use of the Department, subject to
the following conditions:
(a) The money must be deposited in a bank or
credit union qualified to receive deposits of public money, except that $500
must be kept in the custody of an employee designated by the Director for
immediate use for purposes set forth in this section.
(b) The Account must be replenished periodically
from the Wildlife Fund Account in the State General Fund upon approval of
expenditures as required by law and submission of vouchers or other documents
to indicate payment as may be prescribed.
2. The Wildlife Imprest Account may be
used to pay for postage, C.O.D. packages, travel or other minor expenses which
are proper as claims for payment from the Wildlife Fund Account in the State
General Fund.
3. The Wildlife Imprest Account may be
used to provide money to employees of the Department for travel expenses and
subsistence allowances arising out of their official duties or employment. All
advances constitute a lien in favor of the Department upon the accrued wages of
the requesting employee in an amount equal to the money advanced, but the
Director may advance more than the amount of the accrued wages of the employee.
Upon the return of the employee, the employee is entitled to receive money for
any authorized expenses and subsistence in excess of the amount advanced.
(Added to NRS by 1981, 606; A 1993, 1658; 1999, 1507; 2003, 1527; 2011, 3148)
NRS 501.361 Petty Cash Account. A
Petty Cash Account in the amount of $1,000 for the payment of minor expenses of
the Department is hereby created. The Account must be kept in the custody of an
employee designated by the Director and must be replenished periodically from
the Wildlife Fund Account in the State General Fund upon approval of
expenditures as required by law and submission of vouchers or other documents
to indicate payment as may be prescribed.
(Added to NRS by 1965, 217; A 1969, 1553; 1973, 287;
1979, 897; 1993,
1658; 2001,
973; 2003,
1528; 2011,
3149)
NRS 501.363 Change Account. A
Change Account in the amount of $3,000 is hereby created. The Account must be
kept in the custody of one or more employees designated by the Director and
used for the making of change incidental to the business of the Department.
(Added to NRS by 1965, 217; A 1969, 1554; 1979, 897; 1993, 58, 1659; 1995, 579; 2001, 974; 2003, 1528)
ENFORCEMENT AND PENALTIES
NRS 501.375 Powers and duties of game wardens, sheriffs and other peace
officers.
1. Every game warden, sheriff and other
peace officer of this State and its political subdivisions shall enforce the
provisions of this title and seize any wildlife taken or held in possession in
violation of those provisions.
2. Such an officer may:
(a) With or without a warrant, conduct a reasonable
search of any camp, structure, aircraft, vessel, vehicle, box, game bag or
other package where the officer has reason to believe any wildlife taken or
held in violation of any of the provisions of this title is to be found, and,
for the purpose of such a search, may detain any aircraft, vessel or vehicle
for a reasonable time.
(b) Seize any such wildlife and any gun,
ammunition, trap, snare, tackle, or other device or equipment whose presence
indicates that a violation of any provision of this title has occurred. Except
for property described in NRS 501.3857, property
seized pursuant to this subsection may be held only for evidence and may be
recovered by the owner within 1 year after it is no longer needed for that
purpose. The Department shall, within 30 days after the property is no longer
needed, send a written notice to the owner of the property that informs the
owner of the owner’s right to recover the property.
3. A dwelling house may be searched only
pursuant to a warrant or as otherwise provided by law.
[39:101:1947; 1943 NCL § 3035.39]—(NRS A 1967, 177;
1969, 1348; 1979, 897; 1991, 260, 2285; 1993, 552; 2005, 1309)
NRS 501.376 Unlawful killing or possession of bighorn sheep, mountain goat,
elk, deer, pronghorn antelope, mountain lion or black bear; criminal penalties.
1. 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:
(a) Outside of the prescribed season set by the
Commission for the lawful hunting of that animal;
(b) Through the use of an aircraft or helicopter
in violation of NRS 503.010;
(c) By a method other than the method prescribed
on the tag issued by the Department for hunting that animal;
(d) Knowingly during a time other than:
(1) The time of day set by the Commission
for hunting that animal pursuant to NRS
503.140; or
(2) If the Commission has not set such a
time, between sunrise and sunset as determined pursuant to that section; or
(e) Without a valid tag issued by the Department
for hunting that animal. A tag issued for hunting any animal specified in this
subsection is not valid if knowingly used by a person:
(1) Other than the person specified on the
tag;
(2) Outside of the management area or
other area specified on the tag; 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;
(c) The defendant’s understanding and
appreciation of the 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.
(Added to NRS by 1985, 1348; A 1991, 1570, 2285; 1993, 569; 2003, 2538; 2007, 1798)
NRS 501.3765 Unlawful activities concerning traps, snares or similar devices
owned by another person; criminal penalties.
1. Any person who intentionally steals,
takes and carries away one or more traps, snares or similar devices owned by
another person with an aggregate value of less than $650 is guilty of a gross
misdemeanor.
2. Any person who buys, receives,
possesses or withholds one or more traps, snares or similar devices owned by
another person with an aggregate value of less than $650:
(a) Knowing that the traps, snares or similar
devices are stolen property; or
(b) Under such circumstances as should have
caused a reasonable person to know that the traps, snares or similar devices
are stolen property,
Ê is guilty of
a gross misdemeanor.
(Added to NRS by 2013, 1001)
NRS 501.377 Unlawful to remove, tamper with or alter tag placed on wildlife
or equipment seized as evidence. It
is unlawful to remove, tamper with or alter any evidence identification tag
placed on wildlife or on any equipment seized as evidence for the violation of
any provision of this title.
(Added to NRS by 1969, 1350)
NRS 501.379 Unlawful sales of wildlife or importation of game mammals, game
birds or game amphibians; exception.
1. Except as otherwise provided in this
section:
(a) It is unlawful for any person to sell or
expose for sale, to barter, trade or purchase or to attempt to sell, barter,
trade or purchase any species of wildlife, or parts thereof, except as
otherwise provided in this title or in a regulation of the Commission.
(b) The importation and sale of products made
from the meat of game mammals, game birds or game amphibians raised in
captivity is not prohibited if the importation is from a licensed commercial
breeder or commercial processor.
2. The provisions of this section do not
apply to alternative livestock and products made therefrom.
[70:101:1947; 1943 NCL § 3035.70]—(NRS A 1969, 1361;
1971, 1383; 1979, 897; 1983, 851; 1991, 261; 1993, 430)
NRS 501.381 Unlawful sale of game fish.
1. It is unlawful for any person to sell,
or expose for sale, to barter, trade or purchase, or attempt to sell, barter,
trade or purchase any species of game fish or parts thereof, except as provided
in this title or any regulation adopted pursuant thereto.
2. This section does not prohibit the
importation and sale of dead game fish or parts thereof from licensed
commercial processors or licensed fish hatcheries outside the State or the
importation and sale of salt water fish, mollusks or crustaceans.
[33:101:1947; 1943 NCL § 3035.33]—(NRS A 1969, 1362; 1993, 67)
NRS 501.382 Unlawful feeding of big game mammal; penalties; exceptions.
1. Except as otherwise provided in
subsection 3, a person shall not intentionally feed any big game mammal without
written authorization from the Department.
2. A person who violates subsection 1:
(a) For a first offense, must not be cited or
charged criminally but must be informed, in writing, of the behavior that
constitutes the violation and the penalties prescribed by this section for any
subsequent violation of this section.
(b) For a second offense, shall be punished by a
fine of not more than $250.
(c) For a third or subsequent offense, shall be
punished by a fine of not more than $500.
3. The provisions of this section do not
apply to any employee or agent of the Department or the Animal and Plant Health
Inspection Service of the United States Department of Agriculture who, while
carrying out his or her duties, intentionally feeds a big game mammal for any
purpose.
4. As used in this section:
(a) “Big game mammal” means:
(1) Any pronghorn antelope, black bear,
mule deer, mountain goat, mountain lion or Rocky Mountain elk; or
(2) Any of the following subspecies of
bighorn sheep:
(I) Nelson bighorn sheep;
(II) California bighorn sheep; or
(III) Rocky Mountain bighorn sheep.
(b) “Intentionally feed” means to supply, provide
or otherwise make available any salt, grain, meat or other form of nourishment
with the intent to attract or feed a big game mammal. The term does not include
any incidental or unintentional feeding of a big game mammal, including,
without limitation, any such feeding associated with:
(1) Any accepted agricultural or livestock
practice;
(2) Any planting or maintenance of any
shrub, tree or other landscaping for any residence, property or area; or
(3) Any sporting event or outdoor activity
at which food is served or consumed.
(Added to NRS by 2013, 1019)
NRS 501.383 Unlawful vandalism of sign or notice erected by Department. It is unlawful for any person maliciously to
tear down, mutilate or destroy any sign, signboard or other notice which has
been erected by the Department or through an agency of the Department.
[Part 1911 C&P § 503; RL § 6768; NCL §
10450]—(NRS A 1969, 1361; 1993, 1659; 2003, 1528)
NRS 501.384 Unlawful possession of certain wildlife from another state or
country.
1. It is unlawful for any person to
possess in Nevada any wildlife that was acquired, hunted, taken or transported
from another state or country in violation of any law or regulation of that
state or country.
2. As used in this section, “wildlife” has
the meaning ascribed to the term in the applicable law or regulation of the
state or country of its origin.
(Added to NRS by 2013, 162)
NRS 501.385 Unlawful acts; criminal penalties. Except
as otherwise provided by specific statute:
1. Any person who:
(a) Performs an act or attempts to perform an act
made unlawful or prohibited by a provision of this title;
(b) Willfully fails to perform an act required of
the person by a provision of this title;
(c) Obstructs, hinders, delays or otherwise
interferes with any officer, employee or agent of the Department:
(1) In the performance of any duty while
enforcing or attempting to enforce any provision of this title or any
regulation adopted pursuant thereto; or
(2) While lawfully obtaining or attempting
to obtain biological samples of wildlife, hunting, fishing or trapping data, or
any other biological data or information relating to wildlife;
(d) Violates any order issued or regulation adopted
by the Commission under the provisions of this title; or
(e) Having been granted a privilege or been
licensed or permitted to do any act under the provisions of this title,
exercises the grant, license or permit in a manner other than as specified,
Ê is guilty of
a misdemeanor. An officer, employee or agent of the Department may not obtain
or attempt to obtain biological samples of wildlife, hunting, fishing or
trapping data, or any other biological data or information relating to wildlife
on private property without the consent of the owner of the property.
2. Every person who is guilty of a
misdemeanor under this title shall be punished by a fine of not less than $50
nor more than $500, or by imprisonment in the county jail for not more than 6
months, or by both fine and imprisonment.
[Part 90:101:1947; 1943 NCL § 3035.90]—(NRS A 1969,
1348; 1979, 897; 1985,
1352; 1993,
1659; 2003,
1528; 2005,
1309)
NRS 501.3855 Civil penalties.
1. In addition to the penalties provided
for the violation of any of the provisions of this title, every person who:
(a) Unlawfully kills or possesses a trophy big
game mammal is liable for a civil penalty of not less than $5,000 nor more than
$30,000; or
(b) Except as otherwise provided in paragraph
(a), unlawfully kills or possesses a big game mammal, moose, bobcat, swan or
eagle is liable for a civil penalty of not less than $250 but less than $5,000.
2. For the unlawful killing or possession
of fish or wildlife not included in subsection 1, a person is liable for 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, a person is liable for a civil penalty
of not less than $50 nor more than the amount of the fee for the license, tag
or permit required for the activity in which the person engaged.
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 Department may attempt to collect
all penalties and installments that are in default in any manner provided by
law for the enforcement of a judgment.
6. 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 Department 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
Department which shall deposit the money with the State Treasurer for credit to
the Wildlife Fund Account in the State General Fund.
8. As used in this section, “trophy big
game mammal” means a mule deer with an outside antler measurement of at least
24 inches, a bighorn sheep of any species with at least one horn exceeding a
half curl, a Rocky Mountain elk with at least six antler points on one antler,
a pronghorn antelope with at least one horn which is more than 14 inches in
length, a mountain goat or a black bear. As used in this subsection:
(a) “Antler” means any bony growth originating
from the pedicle portion of the skull of a big game mammal that is annually
cast and regenerated as part of the annual life cycle of the big game mammal.
(b) “Antler point” means a projection which is at
least 1 inch in length with the length exceeding the width of its base,
excluding the first point on the main beam commonly known as the eye guard on
mule deer.
(c) “Horn exceeding a half curl” means a horn tip
that has grown at least through 180 degrees of a circle determined by
establishing a parallel reference line from the base of the horn and measuring
the horn tip to determine whether the horn tip has grown at least to the
projection of the reference line.
(d) “Outside antler measurement” means the
perpendicular measurement at right angles to the center line of the skull of a
deer at the widest point between the main antler beams or the antler points off
the main antler beams.
(Added to NRS by 1981, 541; A 1989, 1777; 1991, 261; 1993, 1659; 2003, 1529, 2539; 2011, 1346,
3149)
NRS 501.3857 Forfeitures. Any
gun, ammunition, trap, snare, vessel, vehicle, aircraft or other device or
equipment used, or intended for use:
1. To facilitate the unlawful and intentional
killing or possession of any big game mammal;
2. To hunt or kill a big game mammal by
using information obtained as a result of the commission of an act prohibited
by NRS 503.010 or a regulation of the
Commission which prohibits the location of big game mammals for the purpose of
hunting or killing by the use of:
(a) An aircraft, including, without limitation,
any device that is used for navigation of, or flight in, the air;
(b) A hot air balloon or any other device that is
lighter than air; or
(c) A satellite or any other device that orbits
the earth and is equipped to produce images, or other similar devices; or
3. Knowingly to transport, sell, receive,
acquire or purchase any big game mammal which is unlawfully killed or
possessed,
Ê is subject
to forfeiture pursuant to NRS 179.1156
to 179.119, inclusive.
(Added to NRS by 1991, 2283; A 1993, 552; 2005, 1310)
NRS 501.386 Citation of violators. Except
as otherwise provided in NRS 501.382, whenever any
person is halted by a game warden for any violation of this title, the person
must, in the discretion of the game warden, either be given a citation or be
taken without unnecessary delay before the proper magistrate. The person must
be taken before the magistrate in either of the following cases:
1. When the person does not furnish
satisfactory evidence of identity; or
2. When the game warden has reasonable and
probable grounds to believe the person will disregard a written promise to
appear in court.
(Added to NRS by 1971, 831; A 2013, 1020)
NRS 501.3865 Failure to appear by holder of license, tag or permit.
1. If a person who holds:
(a) A license, tag or permit issued by the
Department to engage in any activity authorized or regulated by this title or
by a regulation adopted pursuant thereto; or
(b) A certificate of number issued by the
Department,
Ê violates a
written promise to appear pursuant to a citation that was prepared manually or
electronically for a violation of a provision of this title, chapter 488 of NRS or any regulation adopted
pursuant thereto, the clerk of the court shall immediately notify the
Department on a form approved by the Department.
2. Upon receipt of notice from a court in
this State of a failure to appear, the Department shall notify the person by
certified mail that the person’s license, tag, permit or certificate of number
is subject to suspension and allow the person 30 days after the date of mailing
the notice to:
(a) Appear in court and obtain a dismissal of the
citation or complaint as provided by law;
(b) Appear in court and, if permitted by the
court, make an arrangement acceptable to the court to satisfy a judgment of
conviction; or
(c) Make a written request to the Department for
a hearing.
3. If notified by a court within 30 days
after the notice of a failure to appear that a person has been allowed to make
an arrangement for the satisfaction of a judgment of conviction, the Department
shall remove the suspension from the record of the person. If the person
subsequently defaults on his or her arrangement with the court, the court shall
notify the Department which shall immediately suspend the license, tag, permit
or certificate of number until the court notifies the Department that the
suspension may be removed.
4. The Department shall suspend the
license, tag, permit or certificate of number of a person 31 days after the
Department mails the person the notice provided for in subsection 2, unless
within that period the Department receives a written request for a hearing from
the person or notice from the court on a form approved by the Department that
the person has appeared or the citation or complaint has been dismissed. A
license, tag, permit or certificate of number so suspended remains suspended
until further notice is received from the court that the person has appeared or
that the case has been otherwise disposed of as provided by law.
(Added to NRS by 2005, 1307)
NRS 501.3867 Failure to appear by person who does not hold license, tag or
permit.
1. If a person who does not hold:
(a) A license, tag or permit issued by the
Department to engage in any activity authorized or regulated by this title or
by a regulation adopted pursuant thereto; or
(b) A certificate of number issued by the
Department,
Ê violates a
written promise to appear pursuant to a citation that was prepared manually or
electronically for a violation of a provision of this title, chapter 488 of NRS or any regulation adopted
pursuant thereto, the clerk of the court shall immediately notify the
Department on a form approved by the Department.
2. Such a person may not apply to the
Department for a license, tag, permit or certificate of number until the
Department receives notice from the court that the person has appeared or that
the case has been otherwise disposed of as provided by law.
(Added to NRS by 2005, 1308)
NRS 501.387 Penalties concerning licenses; confiscation and disposal of
wildlife.
1. Except as otherwise provided by
specific statute, upon a conviction of a violation of any provision of this
title, or any regulation adopted pursuant to this title, in addition to the
penalty provided for the violation, the court may require the immediate
surrender of all licenses issued under the provisions of this title and held by
the convicted person. Upon receipt of a surrendered license, the court shall
forward it to the Commission.
2. In addition to the penalty provided for
the violation of any of the provisions of this title, the court may cause to be
confiscated all wildlife taken or possessed by the convicted person. All
confiscated wildlife must be disposed of as directed by the court.
3. A convicted person shall not, during
the time the person’s license is revoked or suspended:
(a) Engage in any activity for which the license
was issued; or
(b) Purchase or otherwise obtain a license which
has been suspended or revoked.
4. Any person who is convicted of
violating the provisions of subsection 3 shall be punished by a fine of not
more than $1,000 or by imprisonment in a county jail for a period not to exceed
6 months, or by both a fine and imprisonment. In addition, the revocation or
suspension of the license of the convicted person may be extended by an amount
of time equal to the original period of revocation or suspension.
[Part 90:101:1947; 1943 NCL § 3035.90]—(NRS A 1957,
160; 1967, 597; 1969, 1349; 1975, 895; 1981, 542; 1989, 730; 1993, 924; 1995, 898)
NRS 501.388 Revocation of license and of privilege to apply for big game tag
on conviction of certain violations.
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 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.
(Added to NRS by 1975, 894; A 1981, 542; 1985, 1353; 1991, 261; 1997, 1027; 2003, 2539)
NRS 501.389 Sale, donation or retention of equipment seized as evidence.
1. Except for property described in NRS 501.3857, equipment:
(a) Seized as evidence in accordance with NRS 501.375; and
(b) Not recovered by the owner within 1 year
after it is no longer needed for evidentiary purposes,
Ê becomes the
property of the Department.
2. The Department may:
(a) Sell the equipment in accordance with the
regulations adopted pursuant to subsection 5 of NRS 333.220;
(b) Donate equipment that is not dangerous to
nonprofit organizations which benefit children;
(c) Donate equipment that is not dangerous to
children from low-income families who attend fishing clinics sponsored by the
Department; or
(d) Retain the equipment for authorized use by
the Department.
Ê All money
received from the sale of equipment must be deposited with the State Treasurer
for credit to the Wildlife Fund Account in the State General Fund.
3. Any person of lawful age and lawfully
entitled to reside in the United States may purchase the equipment, whether a
prior owner or not.
[90 1/2:101:1947; added 1949, 292; 1943 NCL §
3035.89a]—(NRS A 1969, 1349; 1979, 898; 1989, 731; 1991, 2285; 1993, 1660; 2003, 1529; 2005, 1310; 2011, 3149)
NRS 501.395 Rewards.
1. The Department may offer a reward for
one or more classes of wildlife, not to exceed $1,000, for information leading
to the arrest and conviction of any person who unlawfully kills or possesses
wildlife of the class specified. The reward must be paid for each person so
arrested and convicted upon the conviction. The reward must be distributed equally
among the persons who supplied the information which led to the arrest and
conviction.
2. The Commission may adopt such
regulations as are necessary to carry out the provisions of this section.
(Added to NRS by 1981, 542; A 1985, 1353; 1993, 1660; 2003, 1529)
