Nrs: Chapter 501 - Administration And Enforcement

Link to law: https://www.leg.state.nv.us/NRS/NRS-501.html
Published: 2015

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[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)