Nac: Chapter 502 - Wildlife: Licenses, Tags And Permits

Link to law: http://www.leg.state.nv.us/nac/NAC-502.html
Published: 2015

[Rev. 12/7/2015 2:41:16 PM]

 

This chapter of NAC has changes

which have been adopted but have not been codified; you can see those changes

by viewing the following regulation(s) on the Nevada Register of Administrative

Regulations: R111-14, R113-14, R008-15, R030-15

[NAC-502 Revised Date: 1-14]

CHAPTER 502 - WILDLIFE: LICENSES, TAGS AND

PERMITS

GENERAL PROVISIONS

502.001            Definitions.

502.0015          “Accompanies and directly

supervises” defined.

502.002            “Antelope with horns longer than

its ears” defined.

502.0025          “Antelope with horns longer than

its ears only” defined.

502.003            “Antelope with horns shorter than

its ears” defined.

502.0035          “Antelope with horns shorter than

its ears only” defined.

502.005            “Antler” defined.

502.006            “Antler point” defined.

502.007            “Antlered deer” defined.

502.0072          “Antlered deer only” defined.

502.0074          “Antlered elk” defined.

502.0076          “Antlered elk only” defined.

502.008            “Antlerless deer” defined.

502.0085          “Antlerless deer only” defined.

502.009            “Antlerless elk” defined.

502.0095          “Antlerless elk only” defined.

502.0097          “Apprentice hunter” defined.

502.010            “Armed Forces of the United States”

defined.

502.012            “Automated license agent” defined.

502.015            “Batch report” defined.

502.020            “Big game mammal” defined.

502.027            “Bonus point program” defined.

502.033            “Commission” defined.

502.040            “Department” defined.

502.050            “General hunt” defined.

502.054            “Hunt number” defined.

502.057            “Hunter choice number” defined.

502.060            “Hunting” defined.

502.063            “Junior hunt” defined.

502.065            “License agent” defined.

502.080            “License office” defined.

502.082            “Manual license agent” defined.

502.083            “Mentor hunter” defined.

502.084            “Nevada Interstate Boundary Waters

License” defined.

502.085            “Nonresident” defined.

502.090            “Person who is blind” defined.

502.101            “Short-term permit” defined.

502.104            “Spike elk” defined.

502.1045          “Spike elk only” defined.

502.105            “Type of hunt” defined.

502.115            “Validate” defined.

502.117            “Resident Native American”

interpreted.

PAYMENT OF FEES GENERALLY

502.118            Method of payment; fee for application

submitted electronically.

502.119            Dishonored checks or drafts; effect

of dishonored payment or nonpayment.

LICENSE AGENTS

502.120            Authorization of agent to issue

licenses, tags, stamps and permits.

502.125            Unlawful issuance of licenses,

tags, stamps, permits and other documents.

502.140            Appointment of agents;

participation in automated licensing system.

502.145            Application; fee; financial

information; permanent building; investigation by Department; contract.

502.147            Criteria considered for approval of

application.

502.150            Bond required; payment of premium

for bond; transfer or sale of business.

502.152            Responsibilities of agent;

prohibited acts.

502.160            Disposition of money collected;

failure to comply; availability of documents for inspection and audit.

502.165            Department to establish procedures

regarding documents.

502.170            Batch reports: Dates due;

submission; delinquency.

502.180            Voided documents: Credit to or

assessment of license agent.

502.182            Recall of documents at close of

season or license year: Procedure; assessment of fee for documents not

received.

502.185            Lost batch reports; stolen

documents; assessed value of missing documents.

502.192            Relinquishment or cancellation of

authority: Recall and return of documents; assessment of fee for documents not

returned.

502.195            Grounds for probation of agent or

cancellation of authority.

502.197            Cancellation of authority: Appeal

to Commission; limitations on reapplication.

LICENSES, TAGS AND PERMITS GENERALLY

502.200            Resident’s license or permit: Proof

of identity and residency; information furnished by applicant and agent;

signature of applicant.

502.205            Inclusion of social security number

in application for hunting license.

502.211            Removal of personal information

from lists sold by Department.

502.220            Issuance of licenses to members of

Armed Forces who are residents of Nevada.

502.240            Issuance of hunting licenses to

persons who are blind: Certificate.

502.245            Application for license for person

with severe physical disability.

502.250            Application and fee for duplicate

license.

502.260            Nonresident’s license or permit:

Information furnished by applicant and agent.

502.262            Apprentice hunting license: Proof

of identity; information furnished by applicant and agent.

502.263            Apprentice hunting license:

Temporary authorization number issued in lieu of license.

502.264            Mentor hunter: Contents of

affidavit; separate affidavit required for each apprentice hunter.

502.265            Mentor hunter: Period of validity

of affidavit.

502.266            Mentor hunter: Possession of

affidavit; requirements for accompaniment and direct supervision of apprentice

hunter.

502.271            Temporary authorization number for

license or stamp purchased over Internet or by telephone.

502.280            License, tag or permit issued

without validated class code; license, tag or permit issued with more than one

class code validated.

502.282            Permits for season or special use:

Computerized system of drawing; application; fee.

502.283            Short-term permits; authorization

number in lieu of document.

FISHING

502.285            Fishing in reciprocal waters of

Colorado River, Lake Mead and Lake Mohave.

502.286            Fishing in Lake Tahoe and Topaz

Lake.

502.291            1-day group fishing permits;

authorization number in lieu of document.

502.295            Special fishing permits:

Expiration.

502.297            Use of second rod.

502.300            Date when fishing license not

required.

TAGS, PERMITS, STAMPS AND OTHER REQUIREMENTS

General Provisions

502.310            Tags: Conditions for issuance.

502.312            Designation of period within season

as controlled hunt.

502.314            Duplicate tags.

502.321            Replacement tags.

502.331            Limitation on number of big game

tags; application and fee for tag or bonus point.

502.333            Limitation on applying for junior

hunt.

502.336            Deferral of privilege to use big

game tag by certain members of Armed Forces.

502.341            Antelope tags.

502.345            Bighorn sheep: Tags; presentation

of skull and horns to representative of Department.

502.347            Bobcats: Miscellaneous

requirements; prohibited and unlawful acts; transportation; fee for seal.

502.361            Elk tags.

502.364            Mountain goats: Tags; inspection.

502.370            Mountain lions: Tags; open season;

miscellaneous requirements; unlawful acts.

502.373            Black bears: Tags; fees;

miscellaneous requirements; unlawful acts; open season.

502.376            Upland game birds: Stamp or other

documentation required; exceptions.

502.378            Wild turkeys: Tags; miscellaneous

requirements.

502.380            Swans: Permits; miscellaneous

requirements; prohibited acts.

502.385            Use of tag or permit.

502.390            Validation of tag or permit.

502.400            Attachment of tag or permit to

animal.

502.401            Use of tag as transportation

permit; requirements.

502.403            Transportation of animal legally

harvested to taxidermist: Use of taxidermy record stub as transportation

permit; restrictions.

502.405            Questionnaire with big game tag:

Submission of information to independent contractor designated by Department;

correction; denial and reinstatement of certain privileges.

502.407            Questionnaire with turkey tag:

Submission to independent contractor designated by Department; correction;

denial and reinstatement of certain privileges.

502.411            Computation of time for

presentation of animal to representative of Department.

502.415            Duck stamps: Price.

General Procedure for Awarding Tags and Bonus Points

502.416            “Department” defined.

502.417            Applicability.

502.4175          Application for tag or bonus point;

fees.

502.4177          Submission of application for sole

purpose of obtaining bonus point.

502.4179          Restrictions on applications.

502.418            Rejection of application.

502.4183          Withdrawal of application;

electronic submission of new application.

502.4185          Applications for certain tags by

group of persons.

502.4187          Bonus points: Award and

accumulation; effect of refund.

502.4188          Bonus points: Categories of

species.

502.4189          Bonus points: Use; transfer;

applications by group for certain tags.

502.41895        Bonus points: Electronic submission

of application under certain circumstances.

502.419            Third-party errors.

502.4195          Error by Department.

502.4196          Computer contaminant, power outage,

interruption of Internet service, malfunctioning of computer application or

database of Department’s Internet website or other similar event.

502.4197          Correctable errors.

502.4205          Computerized system of drawing;

bonus point program.

502.4208          Posting results of computerized drawings.

502.421            Alternate list; procedure to refill

quota.

502.4215          Application for tags remaining

after issuance of tags by computerized system and alternate list.

502.422            Cancellation of tag issued in

error; return of tag; provision of refund.

502.4225          Refund of fee for hunting license.

Special Incentive Elk Tags

502.42253        Definitions.

502.42256        “Actual elk use area” defined.

502.42259        “Landowner applicant” defined.

502.42263        “Special incentive elk tag”

defined.

502.42269        Denial of tag under certain

circumstances.

502.42273        Persons not eligible for tag.

502.42276        Provisions of agreement between

landowner applicant and Director.

502.42279        Award, issuance and use of tags;

fees.

502.42283        Arbitration panel.

Restricted Nonresident Deer Tags

502.423            Definitions.

502.42302        “Department” defined.

502.42303        “Federal land management agency”

defined.

502.42305        “Restricted nonresident deer hunt”

defined.

502.42306        “Restricted nonresident deer

hunter” defined.

502.42307        “Restricted nonresident deer tag”

defined.

502.42309        Applicability.

502.4231          Application for tag; fees.

502.4233          Master guide: License; special use

permit.

502.4235          Rejection of application for tag.

502.4236          Members of party: Effect of

rejection of application of one member.

502.4237          Drawing for tags: Notification;

restrictions.

502.42371        Computerized system of drawing;

bonus point program.

502.42372        Bonus points: Award and

accumulation.

502.42373        Bonus points: Use;

nontransferability; application by group of persons.

502.42375        Third-party errors.

502.42377        Error by Department.

502.4238          Cancellation of tag; refunds; loss

of master guide; generation of alternate list; procedure to refill quota.

502.4239          Questionnaire: Completion and

submission to independent contractor designated by Department; correction;

denial and reinstatement of certain privileges.

Damage Compensation Tags

502.424            Definitions.

502.4242          “Any holder of a valid Nevada

hunting license” interpreted.

502.4244          Ineligible persons.

502.4246          Requirements for eligibility;

requests regarding damage to separate locations.

502.4248          Cooperative agreement with

Department.

502.4252          Notice of damage; inspection of

property; assessment and proof of damage.

502.4258          Formulation and implementation of

plan to prevent or mitigate damage.

502.426            Issuance, validity, contents and

use of tags; fees; reissuance of application; appeal of denial of application.

502.4266          Request for additional tags:

Prerequisites and procedure; effect of approval.

502.4268          Receipt of tags: Effect on

eligibility for general hunts; no limitation on number.

Dream Tags

502.4269          “Private entity” defined.

502.42691        Price.

502.42692        Resource enhancement stamps.

502.42693        Procedure if winner of Dream Tag raffle

declines Tag or if recipient returns Tag to private entity.

502.42694        Issuance; recipient required to

submit questionnaire.

502.42695        Return of tag for same species for

which Dream Tag was issued; exception; duties of private entity.

502.42696        Validity.

Partnership in Wildlife Drawing

502.427            Participation; tag fees;

disposition of money received.

502.4275          Awarding of tags.

502.428            Seasons, quotas and other

conditions; error by Department.

502.4285          Eligibility for tags.

502.429            Bonus points: No consideration in

drawing; reversion to zero for successful applicant; no award to unsuccessful

applicant.

SILVER STATE TAG DRAWING

502.4291          Electronic application authorized

for residents and nonresidents; procedure if applicant is unsuccessful in

obtaining tag.

502.4292          Contents of application; valid

hunting license required; fees.

502.4293          Eligibility to apply.

502.4294          Bonus points.

502.4295          Seasons, quotas and other

conditions; error by Department.

502.4296          Third-party error.

502.4297          Rejection of application.

502.4298          Computerized system of drawing;

alternate list; procedure to refill quota.

TAXIDERMISTS

502.430            Definitions.

502.435            Taxidermist license required.

502.440            License: Application; validity;

renewal.

502.445            Commercial taxidermist: Authorized

acts.

502.450            Noncommercial taxidermist: Authorized

acts.

502.455            Taxidermic records; identification

tags for taxidermic items.

BODIES OF WATER LETHAL TO WILDLIFE

502.460            “Artificial or artificially created

body of water” interpreted.

502.465            “Chemicals or substances”

interpreted.

502.470            “Normal use” interpreted.

502.475            Permits: Form; fee.

502.480            Permits: Individual design;

compliance with conditions.

502.482            Payment of annual assessment by

holder of permit.

502.485            Reports regarding death of

wildlife.

502.495            Access by Department to property.

HUNTER SAFETY

502.500            Course in safe handling of

firearms; fees.

 

GENERAL PROVISIONS

      NAC 502.001  Definitions. (NRS 501.105, 501.181)  As used in this chapter,

unless the context otherwise requires, the words and terms defined in NAC 502.0015 to 502.115,

inclusive, have the meanings ascribed to them in those sections.

     (Supplied in codification; A by Bd. of Wildlife

Comm’rs, 5-9-88; 3-7-91; 11-23-94; R168-99, 1-19-2000; R180-01, 4-3-2002; R109-02,

1-21-2003; R115-09, 1-28-2010; R019-10, 6-30-2010)

      NAC 502.0015  “Accompanies and directly supervises” defined. (NRS 501.105,

501.181)  “Accompanies

and directly supervises” has the meaning ascribed to it in NRS 502.066.

     (Added to NAC by Bd. of Wildlife Comm’rs by R019-10,

eff. 6-30-2010)

      NAC 502.002  “Antelope with horns longer than its ears” defined. (NRS 501.105,

501.181)  “Antelope

with horns longer than its ears” means any pronghorn antelope having at least

one horn that is longer than either ear of the antelope.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-09,

eff. 1-28-2010)

      NAC 502.0025  “Antelope with horns longer than its ears only” defined. (NRS 501.105,

501.181)  “Antelope

with horns longer than its ears only” means, in a designation of antelope that

may be taken during an open season, only an antelope having at least one horn

that is longer than either ear of the antelope.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-09,

eff. 1-28-2010)

      NAC 502.003  “Antelope with horns shorter than its ears” defined. (NRS 501.105,

501.181)  “Antelope

with horns shorter than its ears” means any pronghorn antelope without horns or

with both horns that are shorter than its ears.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-09,

eff. 1-28-2010)

      NAC 502.0035  “Antelope with horns shorter than its ears only” defined. (NRS 501.105,

501.181)  “Antelope

with horns shorter than its ears only” means, in a designation of antelope that

may be taken during an open season, only an antelope without horns or with both

horns shorter than its ears.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-09,

eff. 1-28-2010)

      NAC 502.005  “Antler” defined. (NRS 501.105, 501.181)  “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.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-09,

eff. 1-28-2010)

      NAC 502.006  “Antler point” defined. (NRS 501.105, 501.181)  “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.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 5-9-88)

      NAC 502.007  “Antlered deer” defined. (NRS 501.105, 501.181)  “Antlered deer” means any

deer having at least one antler that is visible above the hairline of the deer.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-09,

eff. 1-28-2010)

      NAC 502.0072  “Antlered deer only” defined. (NRS 501.105, 501.181)  “Antlered deer only”

means, in a designation of deer that may be taken during an open season, only

deer having at least one antler.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-09,

eff. 1-28-2010)

      NAC 502.0074  “Antlered elk” defined. (NRS 501.105, 501.181)  “Antlered elk” means any

elk having at least one antler that is visible above the hairline of the elk.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-09,

eff. 1-28-2010)

      NAC 502.0076  “Antlered elk only” defined. (NRS 501.105, 501.181)  “Antlered elk only” means,

in a designation of elk that may be taken during an open season, only elk

having at least one antler.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-09,

eff. 1-28-2010)

      NAC 502.008  “Antlerless deer” defined. (NRS 501.105, 501.181, 503.120)  “Antlerless deer” means

any deer without antlers.

     [Bd. of Wildlife Comm’rs, No. 120, § 2, eff. 11-5-81]

      NAC 502.0085  “Antlerless deer only” defined. (NRS 501.105, 501.181, 503.120)  “Antlerless deer only”

means, in a designation of deer that may be taken during an open season, only

deer without antlers.

     (Added to NAC by Bd. of Wildlife Comm’rs by R180-01,

eff. 4-3-2002)

      NAC 502.009  “Antlerless elk” defined. (NRS 501.105, 501.181, 503.120)  “Antlerless elk” means any

elk without antlers.

     (Added to NAC by Bd. of Wildlife Comm’rs by R180-01,

eff. 4-3-2002)

      NAC 502.0095  “Antlerless elk only” defined. (NRS 501.105, 501.181, 503.120)  “Antlerless elk only”

means, in a designation of elk that may be taken during an open season, only

elk without antlers.

     (Added to NAC by Bd. of Wildlife Comm’rs by R180-01,

eff. 4-3-2002)

      NAC 502.0097  “Apprentice hunter” defined. (NRS 501.105, 501.181)  “Apprentice hunter” has

the meaning ascribed to it in NRS

502.066.

     (Added to NAC by Bd. of Wildlife Comm’rs by R019-10,

eff. 6-30-2010)

      NAC 502.010  “Armed Forces of the United States” defined. (NRS 501.105,

501.181)  “Armed

Forces of the United States” means the Army, Navy, Air Force, Marine Corps and

Coast Guard.

     [Bd. of Fish & Game Comm’rs, No. 19 part § 1, eff.

3-10-80]

      NAC 502.012  “Automated license agent” defined. (NRS 501.105,

501.181)  “Automated

license agent” means a license agent who is participating in the automated

licensing system administered by the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs by R109-02,

eff. 1-21-2003)

      NAC 502.015  “Batch report” defined. (NRS 501.105, 501.181)  “Batch report” means a

report of the documents issued by a license agent and submitted to the license

office.

     [Bd. of Fish & Game Comm’rs, No. 19 part § 1, eff.

3-10-80]

      NAC 502.020  “Big game mammal” defined. (NRS 501.105, 501.181)  “Big game mammal” means

any:

     1.  Pronghorn antelope, black bear, mule

deer, mountain goat, mountain lion, Rocky Mountain elk; or

     2.  Of the following subspecies of bighorn

sheep:

     (a) Nelson bighorn sheep;

     (b) California bighorn sheep; or

     (c) Rocky Mountain bighorn sheep.

     [Bd. of Fish & Game Comm’rs, No. 26 part § 5, eff.

12-4-79]—(NAC A by Bd. of Wildlife Comm’rs by R168-99, 1-19-2000)

      NAC 502.027  “Bonus point program” defined. (NRS 501.105, 501.181)  “Bonus point program”

means a method of awarding tags whereby:

     1.  An unsuccessful applicant for a tag in

one or more seasons; or

     2.  An applicant for a bonus point who does

not wish to obtain a tag and is applying for the sole purpose of obtaining a

bonus point for a tag other than a restricted nonresident deer tag,

Ê is accorded

an increased opportunity for a tag in a subsequent drawing.

     [Bd. of Fish & Game Comm’rs, No. 26 part § 5, eff.

12-4-79]—(A Bd. of Wildlife Comm’rs, 10-26-93; R137-03, 1-20-2004; R229-03, 3-23-2004)

      NAC 502.033  “Commission” defined. (NRS 501.105, 501.181)  “Commission” means the

Board of Wildlife Commissioners.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91)

      NAC 502.040  “Department” defined. (NRS 501.105, 501.181)  “Department” means the

Department of Wildlife.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91)

      NAC 502.050  “General hunt” defined. (NRS 501.105, 501.181)  “General hunt” means any

period within a season designated by the Commission for the taking of a game

species with any weapon declared legal.

     [Bd. of Fish & Game Comm’rs, No. 26 part § 5, eff.

12-4-79]—(NAC A by Bd. of Wildlife Comm’rs by R168-99, 1-19-2000; R137-03, 1-20-2004)

      NAC 502.054  “Hunt number” defined. (NRS 501.105, 501.181)  “Hunt number” means the

number designated by the Commission for a particular hunt pursuant to a

regulation of the Commission.

     (Added to NAC by Bd. of Wildlife Comm’rs by R168-99,

eff. 1-19-2000)

      NAC 502.057  “Hunter choice number” defined. (NRS 501.105, 501.181)  “Hunter choice number”

means a number established by the Department that designates a choice of

hunting area and season for which a quota of tags remains to be issued.

     (Added to NAC by Bd. of Wildlife Comm’rs by R168-99,

eff. 1-19-2000)

      NAC 502.060  “Hunting” defined. (NRS 501.105, 501.181)  “Hunting” has the meaning

prescribed in NRS 501.050.

     [Bd. of Fish & Game Comm’rs, No. 26 part § 5, eff.

12-4-79]

      NAC 502.063  “Junior hunt” defined. (NRS 501.105, 501.181)  “Junior hunt” means a hunt

authorized by a regulation of the Commission which is limited to an applicant

who:

     1.  Possesses a hunting license or a combined

hunting and fishing license;

     2.  Will attain his or her 12th birthday

before the first day of each hunting season to which his or her application

relates; and

     3.  Will not attain his or her 18th birthday

until after the last day of each hunting season to which his or her application

relates.

     (Added to NAC by Bd. of Wildlife Comm’rs by R168-99,

eff. 1-19-2000; A by R106-02, 1-21-2003; R150-09, 6-30-2010)

      NAC 502.065  “License agent” defined. (NRS 501.105, 501.181)  “License agent” means a

person who is authorized by the Department to issue licenses, tags, stamps and

other documents authorized by the Department.

     [Bd. of Fish & Game Comm’rs, No. 19 part § 1, eff.

3-10-80]—(NAC A by Bd. of Wildlife Comm’rs, 11-23-94)

      NAC 502.080  “License office” defined. (NRS 501.105, 501.181)  “License office” means the

office which has been created within the Bureau of Administrative Services of

the Department to control documents and to administer the license agencies.

     [Bd. of Fish & Game Comm’rs, No. 19 part § 1, eff.

3-10-80]

      NAC 502.082  “Manual license agent” defined. (NRS 501.105, 501.181)  “Manual license agent”

means a license agent who is not participating in the automated licensing

system administered by the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs by R109-02,

eff. 1-21-2003)

      NAC 502.083  “Mentor hunter” defined. (NRS 501.105, 501.181)  “Mentor hunter” has the

meaning ascribed to it in NRS

502.066.

     (Added to NAC by Bd. of Wildlife Comm’rs by R019-10,

eff. 6-30-2010)

      NAC 502.084  “Nevada Interstate Boundary Waters License” defined. (NRS 501.105,

501.181, 502.240)  “Nevada Interstate

Boundary Waters License” means an annual license to fish solely in the

reciprocal waters of the Colorado River, Lake Mead, Lake Mohave, Lake Tahoe and

Topaz Lake.

     (Added to NAC by Bd. of Wildlife Comm’rs by R025-11, 12-30-2011,

eff. 3-1-2012)

      NAC 502.085  “Nonresident” defined. (NRS 501.105, 501.181)  “Nonresident” means a

person who is not a resident of Nevada.

     [Bd. of Fish & Game Comm’rs, No. 19 part § 1, eff.

3-10-80]

      NAC 502.090  “Person who is blind” defined. (NRS 501.105, 501.181)  “Person who is blind”

means a person whose visual acuity with correcting lenses does not exceed

20/200 in the better eye, or whose vision in the better eye is restricted to a

field which subtends an angle of not greater than 20 degrees. A certificate

issued by a licensed physician is proof that a person is blind.

     [Bd. of Fish & Game Comm’rs, No. 19 part § 1, eff.

3-10-80]—(Substituted in revision for NAC 502.025)

      NAC 502.101  “Short-term permit” defined. (NRS 501.105, 501.181)  “Short-term permit” means

a permit to fish or hunt upland game and waterfowl for 1 calendar day and any

number of additional consecutive calendar days if the additional days are

purchased at the same time the permit is issued.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-23-94;

A 11-29-95, eff. 3-1-96; R095-00, 10-24-2000)

      NAC 502.104  “Spike elk” defined. (NRS 501.105, 501.181)  “Spike elk” means any elk

without branching on either antler.

     (Added to NAC by Bd. of Wildlife Comm’rs by R180-01,

eff. 4-3-2002)

      NAC 502.1045  “Spike elk only” defined. (NRS 501.105, 501.181)  “Spike elk only” means, in

a designation of elk that may be taken during an open season, only elk without

branching on either antler.

     (Added to NAC by Bd. of Wildlife Comm’rs by R180-01,

eff. 4-3-2002)

      NAC 502.105  “Type of hunt” defined. (NRS 501.105, 501.181)  “Type of hunt” means a

hunt authorized by a regulation of the Commission, for which tags are awarded

pursuant to application, that differs from another hunt in one or more of the

following ways:

     1.  The species to be hunted for any species

other than a species that is included in a category of a species pursuant to

subsection 2;

     2.  The category of the species, subspecies

and gender to be hunted as described in subsection 1 of NAC

502.4188;

     3.  The weapons to be used;

     4.  The residency of applicants; and

     5.  The method of drawing applications for

the award of tags.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91;

A by R168-99, 1-19-2000; R091-13, 12-23-2013)

      NAC 502.115  “Validate” defined. (NRS 501.105, 501.181)  “Validate” means to

execute a license or other document as prescribed by this chapter or chapters 501 to 505, inclusive, of NRS.

     [Bd. of Fish & Game Comm’rs, No. 19 part § 1, eff.

3-10-80]

      NAC 502.117  “Resident Native American” interpreted. (NRS 501.105,

501.181, 502.280)  As used in NRS 502.280, the Commission will

interpret “resident Native American” to mean a Native American who is an

enrolled member or eligible to become an enrolled member of a Nevada Native

American reservation or colony and who has been physically present in this

State, with the intention of making this State his or her permanent home, for

at least 6 months immediately preceding his or her application for a free

hunting and fishing license.

     (Added to NAC by Bd. of Wildlife Comm’rs by R168-99,

eff. 1-19-2000; A by R137-03, 1-20-2004, eff. 3-1-2004)

PAYMENT OF FEES GENERALLY

      NAC 502.118  Method of payment; fee for application submitted electronically. (NRS 501.105,

501.181)

     1.  A payment for any license, permit, tag,

certificate of ownership, certificate of number or any other service provided

by the Department must be:

     (a) Made payable to the Department;

     (b) The same method of payment for each

transaction;

     (c) In the form of:

          (1) Cash;

          (2) A personal check that is drawn by a drawer

who is a resident of this State and that includes on the face of the check the

address of the drawer in this State;

          (3) If required by the Department, a cashier’s

check, certified check or money order; or

          (4) If an application for the service is

submitted electronically, an electronic method of payment that is specified by

the Department; and

     (d) Paid in United States currency.

     2.  The Department shall not accept the

following forms of payment:

     (a) A check or draft that does not comply with

subparagraph (2) of paragraph (c) of subsection 1;

     (b) A check or draft that is endorsed to a third

party; or

     (c) A check for a refund that is issued by the

Department, if the check is endorsed for payment to the Department.

     3.  The Department may, in accordance with NRS 353.1465, charge and collect a

fee:

     (a) Of $2 for an application for a resident tag or

bonus point;

     (b) Of $3.50 for an application for a nonresident

tag or bonus point; and

     (c) Of $2 for any other application,

Ê that is

submitted to the Department electronically.

     (Added to NAC by Bd. of Wildlife Comm’rs by R133-01, 12-17-2001,

eff. 1-1-2002; A by R137-03, 1-20-2004; R156-05, 2-23-2006)

      NAC 502.119  Dishonored checks or drafts; effect of dishonored payment or

nonpayment. (NRS 501.105, 501.181)

     1.  If a person submits a check or draft to

the Department and the check or draft is dishonored by the bank upon which the

check or draft is drawn, the Department shall charge and collect a fee of $25

from the person.

     2.  An application for a license, permit,

tag, certificate of ownership, certificate of number or any other service

provided by the Department shall be deemed invalid if any payment that is

required to be included with the application is not received by the Department

or if a check or draft for that payment is dishonored by the bank upon which

the check or draft is drawn.

     3.  Any person who submits an application

that is deemed invalid pursuant to subsection 2 is ineligible to receive or

exercise any privilege conferred upon the person pursuant to title 45 of NRS

until:

     (a) The Department receives the payment specified

in subsection 2; and

     (b) The person pays any costs incurred by the

Department in collecting the payment.

     4.  The Department may require a person

specified in subsection 3 to submit a payment in the form of a cashier’s check,

certified check or money order for:

     (a) Any license, permit, tag, certificate of

ownership, certificate of number or any other service provided by the

Department; and

     (b) Any delinquent fees associated with the

original transaction for the license, permit, tag, certificate of ownership, certificate

of number or service.

     (Added to NAC by Bd. of Wildlife Comm’rs by R133-01, 12-17-2001,

eff. 1-1-2002)

LICENSE AGENTS

      NAC 502.120  Authorization of agent to issue licenses, tags, stamps and

permits. (NRS 501.105, 501.181, 502.030, 502.040)  The license office may

authorize a license agent to issue:

     1.  Licenses, tags, stamps and permits on the

basis of requests, public demand and past sales.

     2.  Duplicates of original licenses.

     [Bd. of Wildlife Comm’rs, No. 19 § 2, eff. 3-10-80; A 5-12-80]—(NAC

A 12-30-80, eff. 1-1-81; 4-1-82; 9-20-83; 3-5-86; 2-18-88, eff. 3-1-88; 12-29-97)

      NAC 502.125  Unlawful issuance of licenses, tags, stamps, permits and other

documents. (NRS 501.105, 501.181, 502.030)  It is unlawful for any

person to issue a license, tag, stamp, permit or other document authorized by

the Department unless the person:

     1.  Is a

license agent, an employee of a license agent or an employee of the Department;

     2.  Is

authorized by the Department to issue the document; and

     3.  Issues the document in accordance with

all applicable laws and regulations.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-29-97)

      NAC 502.140  Appointment of agents; participation in automated licensing

system. (NRS 501.105, 501.181, 502.040)

     1.  The Department will appoint such license

agents as are necessary to provide readily available service to the hunting,

fishing and trapping public.

     2.  A license agent appointed:

     (a) On or after January 21, 2003, must participate

in the automated licensing system administered by the Department and:

          (1) Complete such training as the Department

determines to be necessary for that participation;

          (2) Obtain and maintain at his or her own

expense such a communication line as the Department determines to be necessary

for that participation; and

          (3) Pay any expenses incurred by the

Department to install and set up any other equipment required for that

participation.

     (b) Before January 21, 2003, must, except for good

cause as determined by the Department, participate in the automated licensing

system administered by the Department and:

          (1) Complete such training as the Department

determines to be necessary for that participation; and

          (2) Obtain and maintain at his or her own

expense such a communication line as the Department determines to be necessary

for that participation. The Department shall, at its own expense and on behalf

of a license agent who pursuant to this paragraph participates in the automated

licensing system administered by the Department, install and set up any other

equipment required for that participation.

     [Bd. of Wildlife Comm’rs, No. 19 § 5, eff. 3-10-80]—(NAC

A 11-23-94; R109-02, 1-21-2003)

      NAC 502.145  Application; fee; financial information; permanent building;

investigation by Department; contract. (NRS 501.105, 501.181, 502.040)

     1.  Any person may apply for appointment as a

license agent by submitting a:

     (a) Completed application on forms provided by the

Department; and

     (b) Fee of $100 for processing the application.

     2.  If the application for appointment as a

license agent is approved, the application fee will be applied to reduce the

installation and set-up fees described in NAC 502.140.

     3.  The Department may require an applicant

to provide:

     (a) Evidence of the financial ability of the

applicant to perform the duties of a license agent;

     (b) An original copy of the current credit rating

of the applicant as issued by a credit rating agency recognized by the

Department; and

     (c) Any banking information and evidence of binding

authority necessary for the electronic transfer of any money the applicant may

receive from the sale of any licenses, permits, tags, stamps and other documents

authorized by the Department to a bank account designated by the Department.

     4.  The applicant must show that the major

portion of his or her business will be conducted in a permanent building. The

building must have within it a secure place for keeping the Department’s

licenses, permits, tags, stamps and sales records. Documents authorized by the

Department may only be issued from this permanent building unless prior

approval is given by the Department for the issuance of such documents at

another location.

     5.  The Department will conduct an

investigation of each applicant’s qualifications and suitability to serve the

public as a license agent. If the Department finds that any of the information

on the application is false or misleading, the application will be denied.

     6.  The Department will require an approved

applicant to enter into a contract with the Department. A person may not become

a license agent until the contract is signed by both him or her and the

Department.

     [Bd. of Wildlife Comm’rs, No. 19 § 6, eff. 3-10-80]—(NAC

A 9-20-83; 2-18-88, eff. 3-1-88; 11-23-94; R095-00, 10-24-2000; R109-02, 1-21-2003;

R137-03, 1-20-2004, eff. 3-1-2004)

      NAC 502.147  Criteria considered for approval of application. (NRS 501.105,

501.181, 502.040)

     1.  To determine whether to approve or deny

an application for appointment as a license agent, the Department may consider,

without limitation, the following criteria:

     (a) Whether the applicant has met the bonding

requirements of NAC 502.150.

     (b) Whether the applicant is financially

responsible.

     (c) Whether the applicant has provided the banking

information and binding authority necessary for the electronic transfer of any

money the applicant may receive from the sale of any licenses, permits, tags,

stamps and other documents authorized by the Department to a bank account

designated by the Department.

     (d) Whether the applicant has been convicted of a

violation of a law or regulation relating to wildlife within the 5 years

immediately preceding the date on which the applicant submits the application.

     (e) Whether the applicant is under investigation

for a violation of a law or regulation relating to wildlife at the time he or

she submits the application.

     (f) Whether the applicant has been convicted of a

felony or gross misdemeanor.

     (g) Whether the applicant is the subject of felony

criminal proceedings at the time he or she submits the application.

     (h) Whether the applicant has been convicted of a

crime involving moral turpitude.

     (i) The cooperation of the applicant and his or her

employees.

     (j) Characteristics of the business where the

applicant desires to issue licenses, including, without limitation:

          (1) Accessibility of the business to all

segments of the public;

          (2) The number of license agents in the geographical

area and their proximity to the business;

          (3) The remoteness of the area in which the

business is located;

          (4) The hours the business will be open to the

public;

          (5) The number of times the ownership of the

business has been transferred; and

          (6) The need for a license agent, as

determined by the Department, in the general area of the business.

     (k) If the applicant previously was a license

agent:

          (1) The total number of licenses sold by the

applicant while he or she was a license agent;

          (2) Whether the applicant complied with all

laws and regulations relating to a license agent; and

          (3) Whether the applicant was placed on

probation or had his or her authority as a license agent cancelled pursuant to NAC 502.195.

     (l) If the applicant will replace an agent at the

business where the applicant desires to issue licenses:

          (1) The total number of licenses sold by the

license agent who will be replaced;

          (2) Whether the license agent who will be

replaced complied with all laws and regulations relating to a license agent;

and

          (3) Whether the license agent who will be

replaced was placed on probation or had his or her authority as a license agent

cancelled pursuant to NAC 502.195.

     2.  Except as otherwise provided in this

subsection, if an applicant desires to issue licenses at a business where

licenses have not been issued previously, the business must have been established

for at least 1 year. The Department may waive this requirement for an applicant

whose business is located in a remote area if there is an extreme need for an

agent in that area. All other applications will be handled on a case-by-case

basis in accordance with subsection 1.

     (Added to NAC by Bd. of Wildlife Comm’rs, 2-18-88, eff.

3-1-88; A 3-7-90; 11-23-94; R095-00, 10-24-2000; R109-02, eff. 1-21-2003)

      NAC 502.150  Bond required; payment of premium for bond; transfer or sale of

business. (NRS 501.105, 501.181, 502.040)

     1.  An applicant for appointment as a license

agent must furnish a continuous bond of not less than $7,000 to indemnify the

Department against any loss occasioned by the improper performance of his or

her duties.

     2.  Except as otherwise provided in this

subsection, the license agent shall pay the premium for the bond required by

subsection 1. The Department will pay the premium for the bond required by

subsection 1 if the license agency is located in a remote area and the license

agency is or has been established for the convenience of the Department.

     3.  The contract of a license agent may not

be transferred. If a license agent transfers or sells his or her business, the

license agent must notify the Department at least 30 days before the transfer

or sale. All inventory and money due must be submitted to the Department before

the ownership is transferred.

     [Bd. of Wildlife Comm’rs, No. 19 § 7, eff. 3-10-80]—(NAC

A 9-20-83; 2-18-88, eff. 3-1-88; 12-13-91; 11-23-94; 12-29-97)

      NAC 502.152  Responsibilities of agent; prohibited acts. (NRS 501.105,

501.181, 502.040)

     1.  The license agent is responsible for the

correct issuance of all documents and shall comply with all procedures

established by the Department and all provisions of the contract.

     2.  A license agent or an employee of a license

agent shall not:

     (a) Back-date, back-time or otherwise falsify any

information on a document;

     (b) Aid in or attempt such acts; or

     (c) Cause such acts to be done.

     (Added to NAC by Bd. of Wildlife Comm’rs, 2-18-88, eff.

3-1-88; A 12-29-97)

      NAC 502.160  Disposition of money collected; failure to comply; availability

of documents for inspection and audit. (NRS 501.105, 501.181, 502.040)

     1.  Except as otherwise provided in

subsections 3 and 4, a license agent shall, as specified by the Department:

     (a) Forward to the license office; or

     (b) Deposit at least once every 7 days for

electronic transfer to a bank account designated by the Department,

Ê any money

collected by the license agent, excluding any service fees to which the license

agent is entitled, for the sale and issuance of any licenses, permits, tags,

stamps and other documents authorized by the Department.

     2.  If a manual license agent fails to comply

with the provisions of subsection 1 regarding all the money due for the period

covered by a batch report on or before the date that batch report is due, or an

automated license agent fails to comply with the provisions of subsection 1

regarding all the money due for a calendar week on or before the Wednesday

immediately following that calendar week, the Department:

     (a) Shall send a notice of delinquency to the

license agent; and

     (b) If the license agent is:

          (1) A manual license agent, shall not send any

more licenses, permits, tags, stamps or other licensing documents to the

license agent until all the money due has been received by the Department; or

          (2) An automated license agent, shall

terminate the ability of the license agent to issue licenses, permits, tags,

stamps or other licensing documents until all the money due has been received

by the Department.

     3.  If the license office, after receiving a

batch report from a manual license agent, determines that a balance is due as

reflected on the agent’s statement of account, the balance must be paid by the

agent within 10 calendar days after receipt of the statement of account by the

agent.

     4.  If a license agent’s statement of account

reflects a credit owing to the agent, the agent may deduct the credit from the

amount owed for the next reporting period.

     5.  All money collected by a license agent

from the sale and issuance of any licenses, permits, tags, stamps and other

documents authorized by the Department, except the agent’s service fees, is the

property of the State of Nevada and must be kept readily available for

forwarding or electronic transfer to the Department. All equipment and

documents provided to a license agent by the Department and any records

regarding the sale or issuance of any licenses, permits, tags, stamps and other

documents authorized by the Department are the property of the State of Nevada

and must be made available for inspection and audit upon request by the

Department.

     [Bd. of Wildlife Comm’rs, No. 19 § 9, eff. 3-10-80]—(NAC

A 9-20-83; 11-23-94; R109-02, 1-21-2003)

      NAC 502.165  Department to establish procedures regarding documents. (NRS 501.105,

501.181, 502.040)  The Department will

establish procedures for ordering documents, verifying receipts and charging

documents to the license agents.

     [Bd. of Wildlife Comm’rs, No. 19 § 10, eff. 3-10-80]—(NAC

A 1-2-86; 11-23-94)

      NAC 502.170  Batch reports: Dates due; submission; delinquency. (NRS 501.105,

501.181, 502.040)

     1.  The Department shall assign to each

manual license agent dates for the submission of batch reports. The agent shall

submit at least two batch reports each month which must be received by the

Department by the assigned dates. If the agent has had no sales during the

period covered by a batch report, he or she shall enter “no sale” on the report

and submit it to the Department. The batch report must be received by the

Department by the assigned date.

     2.  If the Department does not receive a

batch report on or before the date assigned pursuant to subsection 1, the

Department:

     (a) Shall not send any more licenses, permits,

tags, stamps or other licensing documents to the license agent until his or her

batch report is received; and

     (b) Shall send a notice of delinquency to the

license agent.

     [Bd. of Wildlife Comm’rs, No. 19 § 17, eff. 3-10-80]—(NAC

A 9-20-83; 2-18-88, eff. 3-1-88; 11-23-94; R109-02, 1-21-2003)

      NAC 502.180  Voided documents: Credit to or assessment of license agent. (NRS 501.105,

501.181, 502.040)

     1.  Credit may be given to:

     (a) A manual license agent for licenses, permits

and tags that have been voided if the agent returns to the Department the

original and remittance copy of the license, permit or tag with the word “void”

written across it.

     (b) An automated license agent for licensing

documents that have been printed and voided if the agent submits the original

voided document to the Department.

     2.  Credit may be given to any license agent

for stamps that are returned to the Department with the word “void” written

across the face.

     3.  If a manual license agent declares that a

document is void but has not submitted both the original and remittance copy of

the document, the license agent will be sent a notification of incomplete

documents. If the license agent does not substantiate that the document is void

within 60 days after receiving such notification, the agent will be assessed

the value of the document as determined in the manner provided in paragraphs

(a), (b) and (c) of subsection 3 of NAC 502.185.

     4.  If the Department does not receive an

original voided document from an automated license agent within 10 days after

the date of the transaction for which the document was printed, the agent will

be assessed the recorded value of the document.

     [Bd. of Fish & Game Comm’rs, No. 19 § 19 subsec. 1,

eff. 3-10-80]—(NAC A by Bd. of Wildlife Comm’rs, 11-23-94; 12-29-97; R109-02, 1-21-2003)

      NAC 502.182  Recall of documents at close of season or license year:

Procedure; assessment of fee for documents not received. (NRS 501.105,

501.181, 502.040)

     1.  The Department will recall documents from

license agents at the close of a season or license year.

     2.  The Department will notify each license

agent in writing that specific documents are being recalled and that they must

be received by the Department on or before a specified date. The specified

receipt date must not be more than 60 days after the date of notification. To

receive credit, unsold documents must be received by the Department on or

before the specified receipt date.

     3.  The license agent will be assessed a fee for

each document recalled but not received by the Department within 30 days after

the date specified pursuant to subsection 2. The fee amount will be determined

pursuant to NAC 502.185.

     [Bd. of Fish & Game Comm’rs, No. 19 § 20, eff. 3-10-80]—(NAC

A by Bd. of Wildlife Comm’rs, 2-18-88, eff. 3-1-88; 1-24-92; 11-23-94)

      NAC 502.185  Lost batch reports; stolen documents; assessed value of missing

documents. (NRS 501.105, 501.181, 502.040)

     1.  If a license agent’s batch report has

been lost in the mail, the license agent may receive credit if the agent

notifies the Department of the loss and provides photocopies of the report to

the Department.

     2.  If documents have been stolen, the

license agent may receive credit if the agent notifies the Department and

submits a copy of a police report to the Department listing the document

numbers of the stolen documents.

     3.  If the provisions of subsections 1, 2 and

4 of NAC 502.180 do not apply, or if a document has

been lost or destroyed by an agent or stolen and no copy is available, the

assessed value of the document is:

     (a) For a license or permit from a book, an amount

equal to the highest priced license or permit in that book;

     (b) For a tag from a book, an amount equal to the

highest priced tag in that book; and

     (c) For a stamp, the face value.

     [Bd. of Fish & Game Comm’rs, No. 19 § 22, eff. 3-10-80]—(NAC

A by Bd. of Wildlife Comm’rs, 4-1-82; 4-27-84, eff. 5-25-84; 2-18-88, eff. 3-1-88;

11-23-94; 12-29-97; R109-02, 1-21-2003)

      NAC 502.192  Relinquishment or cancellation of authority: Recall and return of

documents; assessment of fee for documents not returned. (NRS 501.105,

501.181, 502.040)

     1.  A license agent may voluntarily

relinquish his or her authority or the Department may cancel his or her

authority pursuant to NAC 502.195. All sold, unsold

and void documents are subject to immediate recall upon a license agent’s

notification to the Department that the license agent has voluntarily

relinquished his or her authority or upon the Department’s notification to the

agent of its cancellation of his or her authority.

     2.  Credit will be given for unsold documents

returned to the Department within 30 days after the notice of voluntary

relinquishment of authority or the Department’s notice of cancellation of

authority.

     3.  Thirty days after the notice of voluntary

relinquishment of authority or the Department’s notice of cancellation of

authority the license agent will be assessed a fee for each recalled document

not returned in an amount determined pursuant to NAC

502.185.

     [Bd. of Fish & Game Comm’rs, No. 19 § 24, eff. 3-10-80]—(NAC

A by Bd. of Wildlife Comm’rs, 2-18-88, eff. 3-1-88; 1-24-92; 11-23-94)

      NAC 502.195  Grounds for probation of agent or cancellation of authority. (NRS 501.105,

501.181, 502.040)

     1.  The Department may:

     (a) Place a license agent on probation for not more

than 6 months or cancel a license agent’s authority if the Department

determines that the agent has violated any of the provisions of the agent’s

contract or has failed to comply with any regulation of the Commission relating

to license agents.

     (b) Cancel a license agent’s authority at the end

of a licensing year if the license agent:

          (1) Is located in an incorporated city and

fails to sell:

               (I) At least 300 licensing documents

during his or her first year of appointment as a license agent; and

               (II) At least 600 licensing documents

during his or her second and each subsequent year of appointment as a license

agent; or

          (2) Is not located in an incorporated city and

fails to sell:

               (I) At least 100 licensing documents

during his or her first year of appointment as a license agent; and

               (II) At least 200 licensing documents

during his or her second and each subsequent year of appointment as a license

agent.

     2.  As used in this section, “licensing

document” means a license, permit, tag, stamp or other licensing document

authorized by the Department.

     [Bd. of Fish & Game Comm’rs, No. 19 § 25, eff. 3-10-80]—(NAC

A by Bd. of Wildlife Comm’rs, 2-18-88, eff. 3-1-88; 11-23-94; R109-02, 1-21-2003)

      NAC 502.197  Cancellation of authority: Appeal to Commission; limitations on

reapplication. (NRS 501.105, 501.181, 502.040)

     1.  Any person whose authority as a license

agent is cancelled by the Department may appeal from that decision to the Commission.

The appeal must be filed in writing with the Department within 30 days after

the agent is notified of the Department’s decision.

     2.  The Commission may affirm or set aside

the Department’s decision or place the agent on probation.

     3.  If a person’s authority as a license

agent is cancelled by the Department and the decision of the Department is not

appealed to the Commission or, if appealed, is affirmed by the Commission, the

person:

     (a) May not reapply for appointment as a license

agent for a period of 1 year after the date of the cancellation by the

Department; and

     (b) If the person reapplies after that period, must

substantiate that measures have been taken to rectify the problems that caused

the cancellation by the Department.

     [Bd. of Fish & Game Comm’rs, No. 19 § 26, eff. 3-10-80]—(NAC

A by Bd. of Wildlife Comm’rs, 12-29-97; R109-02, 1-21-2003)

LICENSES, TAGS AND PERMITS GENERALLY

      NAC 502.200  Resident’s license or permit: Proof of identity and residency;

information furnished by applicant and agent; signature of applicant. (NRS 501.105,

501.181, 502.030)

     1.  Except as otherwise provided in NAC 502.262, a license agent may require an applicant

for a resident’s license or permit to provide reasonable proof of the

applicant’s identity and proof that the applicant has had at least 6 months of

continuous residence in Nevada before issuing a resident’s license or permit to

the applicant. Such proof may include, but is not limited to, a Nevada driver’s

license or other identification containing a photograph of the applicant,

receipts from the rent or lease of a residence located within this State,

records of public utilities, stubs from employment checks or any other document

indicating the applicant’s name and current address. Any document presented must

be dated at least 6 months before the date a license or permit is issued. A

license or permit issued by the Department for a previous year is not

acceptable proof of residency.

     2.  Except as otherwise provided in NAC 502.262, the license agent shall correctly enter

the required information on the original and all copies of any licenses and

permits issued to residents. The information must include:

     (a) The applicant’s legal name, mailing address,

street address, city, county, state and zip code;

     (b) The applicant’s social security number, unless

the applicant is a citizen of a country other than the United States;

     (c) The month and year of the applicant’s

residency;

     (d) The month, day, year and time the license or

permit is issued to the applicant;

     (e) A description of the applicant, including his

or her height, weight, sex and date of birth;

     (f) If the applicant was born after January 1,

1960, and is applying for a hunting license or a combination hunting and

fishing license, a statement indicating that the applicant has presented proof

of successful completion of a course in the responsibilities of hunters as

required by the provisions of NRS

502.330;

     (g) The class of license or permit for which the

applicant is applying;

     (h) The license agent’s account number and the

initials of the person who issues the license or permit; and

     (i) If a short-term permit to fish is issued, the

starting date of the permit.

     3.  The license or permit must contain a

statement in the form required by law, signed by the applicant, attesting that

the applicant is entitled to the license or permit under the laws of Nevada.

     4.  The license agent may, at the option of

the applicant, enter on the license or permit the number of the driver’s

license of the applicant and the state of its issuance if the applicant holds a

driver’s license.

     [Bd. of Fish & Game Comm’rs, No. 19 § 11, eff. 3-10-80]—(NAC

A 1-1-83; A by Bd. of Wildlife Comm’rs, 11-23-94; 11-29-95, eff. 3-1-96; 12-29-97;

R109-02, 1-21-2003; R019-10, 6-30-2010)

      NAC 502.205  Inclusion of social security number in application for hunting

license. (NRS 501.181, 502.030, 502.063)  In addition to any other

information required pursuant to this chapter, an applicant for a hunting

license must include his or her social security number in his or her

application for a hunting license if the Social Security Administration has

issued such a number.

     (Added to NAC by Bd. of Wildlife Comm’rs by R137-03,

eff. 1-20-2004)

      NAC 502.211  Removal of personal information from lists sold by Department. (NRS 501.181)  Upon the

written request of a person who has obtained a license, permit, tag or other

privilege from the Department pursuant to title 45 of NRS, or any regulations

adopted pursuant thereto, the Department shall remove the name and other

personal information of the person from any list sold by the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs by R137-03,

eff. 1-20-2004)

      NAC 502.220  Issuance of licenses to members of Armed Forces who are residents

of Nevada. (NRS 501.105, 501.181, 502.290)  Licenses must be issued,

pursuant to NRS 502.290, to

members of the Armed Forces of the United States who are bona fide residents of

Nevada, but not stationed in this State. An applicant must exhibit evidence of

his or her duty assignment or show leave papers to the license agent before a

license is issued to the applicant.

     [Bd. of Fish & Game Comm’rs, No. 19 § 13, eff. 3-10-80]

      NAC 502.240  Issuance of hunting licenses to persons who are blind:

Certificate. (NRS 501.105, 501.181, 502.075)  For the purpose of issuing

a hunting license to a person who is blind pursuant to NRS 502.075, a certificate issued

by a licensed physician is proof that the person is blind. The license agent

shall attach a copy of the certificate to the Department’s copy of the license.

     [Bd. of Fish & Game Comm’rs, No. 19 § 14, eff. 3-10-80]—(NAC

A by Bd. of Wildlife Comm’rs, 11-29-95, eff. 3-1-96)

      NAC 502.245  Application for license for person with severe physical

disability. (NRS 501.105, 501.181, 502.030, 502.245)  An application for a

hunting or fishing license or a combined hunting and fishing license for a

person with a severe physical disability must be submitted to the Department.

The application must be made on a form provided by the Department and must

contain such information as is necessary to enable the Department to determine

the applicant’s eligibility. The application must be accompanied by reasonable

proof which describes the character and extent of the applicant’s disability.

     [Bd. of Wildlife Comm’rs, No. 120 § 5, eff. 11-5-81]—(NAC

A 9-20-83; 3-5-86; 11-23-94)

      NAC 502.250  Application and fee for duplicate license. (NRS 501.105,

501.181, 502.110)

     1.  A person may apply for a duplicate

license if an unexpired license previously issued has been lost, stolen or

destroyed.

     2.  An application for a duplicate license

must:

     (a) Be submitted to the Department or a license agent

on a form provided by the Department; and

     (b) Include an affidavit stating that the

information contained in the application and any accompanying material is

complete and true.

     3.  The fee for a duplicate license is $10.

     (Added to NAC by Bd. of Wildlife Comm’rs by R137-03, 1-20-2004,

eff. 3-1-2004)

      NAC 502.260  Nonresident’s license or permit: Information furnished by

applicant and agent. (NRS 501.105, 501.181, 502.030)

     1.  Except as otherwise provided in NAC 502.262, a license agent shall correctly enter the

required information on the original and all copies of licenses or permits

issued to nonresidents. The information must include:

     (a) The applicant’s legal name, mailing address,

street address, city, state and zip code;

     (b) The social security number of the applicant,

unless the applicant is a citizen of a country other than the United States;

     (c) The month, day, year and time the license or

permit is issued to the applicant;

     (d) A description of the applicant, including his

or her height, weight, sex and date of birth;

     (e) If the applicant was born after January 1,

1960, and is applying for a hunting license or a short-term hunting permit, a

statement indicating that the applicant has presented proof of successful

completion of a course in the responsibilities of hunters as required by the

provisions of NRS 502.330;

     (f) The class of license or permit for which the

applicant is applying;

     (g) The license agent’s account number and the

initials of the person who issues the license or permit; and

     (h) If a short-term permit is issued, the starting

date of the permit.

     2.  The license agent may, at the option of

the applicant, enter on the license or permit the number of the driver’s

license of the applicant and the state of its issuance if the applicant holds a

driver’s license.

     [Bd. of Fish & Game Comm’rs, No. 19 § 15, eff. 3-10-80]—(NAC

A 1-1-83; A by Bd. of Wildlife Comm’rs, 11-23-94; 12-29-97; R109-02, 1-21-2003;

R019-10, 6-30-2010)

      NAC 502.262  Apprentice hunting license: Proof of identity; information

furnished by applicant and agent. (NRS 501.105, 501.181, 502.030, 502.066)

     1.  A license agent may require a resident or

nonresident applicant for an apprentice hunting license to provide reasonable

proof of the applicant’s identity before issuing an apprentice hunting license

to the applicant. Such proof may include, without limitation, a driver’s

license or other identification containing a photograph of the applicant.

     2.  The license agent shall correctly enter

the required information on the original and all copies of the apprentice

hunting license issued to the applicant. The information must include:

     (a) The applicant’s legal name, mailing address,

street address, city, county, state and zip code;

     (b) The month, day, year and time the apprentice

hunting license is issued to the applicant;

     (c) A description of the applicant, including the

applicant’s height, weight, sex and date of birth; and

     (d) If the license:

          (1) Is not issued electronically:

               (I) The applicant’s social security

number, unless the applicant is a citizen of a country other than the United

States;

               (II) The license agent’s account number

and the initials of the person who issues the license; and

               (III) If the applicant holds a driver’s

license, the number of the driver’s license of the applicant and the state of

its issuance; or

          (2) Is issued electronically:

               (I) The applicant’s client number; and

               (II) The license agent’s account number.

     3.  The license must contain a statement,

signed by the applicant, attesting that the applicant is eligible for the

issuance of the apprentice hunting license pursuant to NRS 502.066.

     (Added to NAC by Bd. of Wildlife Comm’rs by R019-10,

eff. 6-30-2010)

      NAC 502.263  Apprentice hunting license: Temporary authorization number issued

in lieu of license. (NRS 501.105, 501.181, 502.030, 502.066)  In lieu of issuing an

apprentice hunting license, the Department may issue such a license in the form

of a temporary authorization number pursuant to NAC

502.271. A temporary authorization number issued pursuant to this section

may be used only:

     1.  By the person for whom it is issued; and

     2.  On the dates of validity of the temporary

authorization number.

     (Added to NAC by Bd. of Wildlife Comm’rs by R019-10,

eff. 6-30-2010)

      NAC 502.264  Mentor hunter: Contents of affidavit; separate affidavit required

for each apprentice hunter. (NRS 501.105, 501.181, 502.030, 502.066)

     1.  A mentor hunter shall correctly enter the

required information on the original and all copies of the form for a mentor

hunter affidavit provided to a resident or nonresident. The information must

include:

     (a) The mentor hunter’s legal name, mailing address,

street address, city, county, state and zip code;

     (b) The month, day, year and time the affidavit is

completed by the mentor hunter;

     (c) A description of the mentor hunter, including

the mentor hunter’s height, weight, sex and date of birth;

     (d) The class and number of the hunting license

issued to the mentor hunter in this State; and

     (e) The name of the apprentice hunter the mentor

hunter accompanies and directly supervises pursuant to NRS 502.066.

     2.  The affidavit must contain a statement,

signed by the mentor hunter, acknowledging the mentor hunter’s eligibility and

responsibilities as a mentor hunter pursuant to NRS 502.066.

     3.  The mentor hunter shall complete separate

affidavits for each apprentice hunter the mentor hunter accompanies and

directly supervises.

     (Added to NAC by Bd. of Wildlife Comm’rs by R019-10,

eff. 6-30-2010)

      NAC 502.265  Mentor hunter: Period of validity of affidavit. (NRS 501.105,

501.181, 502.030, 502.066)  A mentor hunter affidavit

is valid for the license year for which it is completed.

     (Added to NAC by Bd. of Wildlife Comm’rs by R019-10,

eff. 6-30-2010)

      NAC 502.266  Mentor hunter: Possession of affidavit; requirements for

accompaniment and direct supervision of apprentice hunter. (NRS 501.105,

501.181, 502.030, 502.066)

     1.  A mentor hunter may possess affidavits

for more than one apprentice hunter. However, the mentor hunter may only

accompany and directly supervise one apprentice hunter at a time in the field

pursuant to NRS 502.066.

     2.  While a mentor hunter accompanies and

directly supervises an apprentice hunter in the field, the mentor hunter must

carry on his or her person the affidavit identifying the apprentice hunter the

mentor hunter is accompanying.

     3.  An apprentice hunter must be accompanied

and directly supervised by at least one mentor hunter in the field pursuant to NRS 502.066.

     (Added to NAC by Bd. of Wildlife Comm’rs by R019-10,

eff. 6-30-2010)

      NAC 502.271  Temporary authorization number for license or stamp purchased

over Internet or by telephone. (NRS 501.105, 501.181)

     1.  The Department may issue a temporary

authorization number for a license or stamp if the license or stamp is made

available for application and purchase over the Internet or by telephone. The

temporary authorization number for each license or stamp is valid for not more

than 10 days after the date of its issuance.

     2.  Upon the request of a law enforcement

officer, a person who uses a temporary authorization number shall specify the

authorization number and present proof of his or her identity.

     (Added to NAC by Bd. of Wildlife Comm’rs by R156-05,

eff. 2-23-2006)

      NAC 502.280  License, tag or permit issued without validated class code;

license, tag or permit issued with more than one class code validated. (NRS 501.105,

501.181, 502.040)

     1.  A license, tag or permit which is issued

without a validated class code, and for which the issuing license agent cannot

provide his or her copy within 60 days after notice by the Department, must be

assessed to the license agent at the following rates:

     (a) For the following licenses, the face value, as

indicated by the date of birth and residence of the licensee:

          (1) Junior resident’s hunting license;

          (2) Junior resident’s trapping license;

          (3) Junior resident’s fishing license;

          (4) Junior nonresident’s fishing license;

          (5) Senior resident’s hunting license; and

          (6) Senior resident’s fishing license.

     (b) For a short-term permit, the face value of a

permit for 1 day and for 9 consecutive days.

     (c) If the license is not a junior or senior

hunting or fishing license:

          (1) At the same rate as the license which

precedes or follows it in the license book if the two licenses are of the same

type or class.

          (2) If the rate cannot be determined pursuant

to subparagraph (1), at the applicable rate set forth in subsection 3 of NAC 502.185.

     (d) For a tag, the applicable rate set forth in

subsection 3 of NAC 502.185.

     2.  A license, tag or permit which is issued

with more than one class code validated must be assessed to the license agent

at a rate which equals the:

     (a) Total of the fees for every class which was

validated if the validated class codes are for different types of privileges;

or

     (b) Highest fee of the classes which were validated

if the validated class codes are for the same or similar types of privileges.

     [Bd. of Fish and Game Comm’rs, No. 19 § 21, eff. 3-10-80]—(NAC

A 4-1-82; 3-5-86; A by Bd. of Wildlife Comm’rs, 11-23-94; 11-29-95, eff. 3-1-96;

12-29-97; R137-03, 1-20-2004)

      NAC 502.282  Permits for season or special use: Computerized system of

drawing; application; fee. (NRS 501.105, 501.181, 502.130, 502.175)

     1.  The Department may award a permit for a

season or special use through a random order of selection conducted pursuant to

a computerized system of drawing. The selection must begin with a number

established by the hours, minutes, seconds and hundredths of a second set forth

on the clock of the computer immediately before commencing the drawing.

     2.  An application for a permit to hunt must

be:

     (a) Completed in accordance with the regulations of

the Commission and the instructions on the application.

     (b) Made for one applicant only. If two or more

persons apply on one application, the application must be rejected.

     3.  A nonrefundable fee in the amount of $10

will be charged for acting upon each application for a permit pursuant to this

section.

     (Added to NAC by Bd. of Wildlife Comm’rs by R137-03,

eff. 1-20-2004)

      NAC 502.283  Short-term permits; authorization number in lieu of document. (NRS 501.105,

501.181, 502.130)

     1.  Except as otherwise provided in this

section, a short-term permit issued as provided in chapter 502 of NRS and this chapter

authorizes the person to whom it is issued to fish or hunt only on the starting

date specified on the permit and each consecutive day thereafter, if any, until

the expiration of the term of the permit. No short-term permit is valid unless

it is issued for a term of at least 1 day.

     2.  If no starting date is specified on the

permit, then the date of issuance of the permit will be deemed the starting

date.

     3.  The Department may issue a short-term

permit in the form of an authorization number in lieu of a document. Such a

permit may be used only:

     (a) By the person for whom it is issued; and

     (b) On the date of issuance and each consecutive

day thereafter, if any, until the expiration of the term for which the permit

is issued.

Ê A person

using such a permit must, upon the request of a law enforcement officer,

specify the authorization number and present proof of his or her identity.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-23-94;

A 11-29-95, eff. 3-1-96; R109-02, 1-21-2003)

FISHING

      NAC 502.285  Fishing in reciprocal waters of Colorado River, Lake Mead and

Lake Mohave. (NRS 501.105, 501.181, 502.030, 502.045, 502.240)

     1.  When fishing in the reciprocal waters of

the Colorado River, Lake Mead and Lake Mohave from the shore of Nevada, each

person who is 12 years of age or over must possess:

     (a) An Arizona fishing license;

     (b) A Nevada fishing license; or

     (c) A Nevada Interstate Boundary Waters license.

     2.  When fishing in the reciprocal waters of

the Colorado River, Lake Mead and Lake Mohave from a location other than the

shore of Nevada, each person who is 12 years of age or over must possess:

     (a) An Arizona fishing license; or

     (b) A Nevada Colorado River special use stamp, in

addition to:

          (1) A Nevada fishing license; or

          (2) A Nevada Interstate Boundary Waters

license.

     3.  The fee for the Nevada Colorado River

special use stamp is $3, and the stamp is effective from March of the year that

the stamp is issued through February of the following year.

     4.  A person who holds a Nevada Colorado

River special use stamp must validate the stamp by signing the person’s name in

ink across the face of the stamp and affixing the stamp to his or her fishing

license or permit to fish, or the person must provide any other such

documentation as the Department provides as proof that he or she has paid to

the Department the fee for the special use stamp.

     5.  Persons under 12 years of age may fish in

the reciprocal waters of the Colorado River, Lake Mead and Lake Mohave without

obtaining a special use stamp, license or permit to fish.

     (Added to NAC by Bd. of Wildlife Comm’rs, 12-3-80, eff.

1-1-81; A 6-21-84, eff. 6-25-84; 12-11-87; 11-29-95, eff. 3-1-96; R137-03, 1-20-2004,

eff. 3-1-2004; R025-11, 12-30-2011, eff. 3-1-2012; R089-13, 12-23-2013)

      NAC 502.286  Fishing in Lake Tahoe and Topaz Lake. (NRS 501.105,

501.181, 502.030, 502.045, 502.240)

     1.  To fish in Lake Tahoe and Topaz Lake, any

person who is 16 years of age or over must possess:

     (a) A license from California to fish for sport

with the appropriate stamps; or

     (b) A Nevada fishing license or a Nevada Interstate

Boundary Waters license and, if the license is an annual license, a trout

stamp.

     2.  Persons under 16 years of age are not

required to obtain any license or permit to fish in Lake Tahoe and Topaz Lake.

     (Added to NAC by Bd. of Wildlife Comm’rs, 12-3-80, eff.

1-1-81; A 3-5-86; 11-29-95, eff. 3-1-96; R025-11, 12-30-2011, eff. 3-1-2012)

      NAC 502.291  1-day group fishing permits; authorization number in lieu of

document. (NRS 501.105, 501.181, 502.083)

     1.  Except as otherwise provided in this

section, a 1-day group fishing permit issued to a group authorizes each member

of the group to fish only on:

     (a) The date of validity specified on the permit;

or

     (b) The date the permit is issued, if the date of

validity is not specified on the permit.

     2.  Each 1-day group fishing permit must

include on the face of the permit:

     (a) The name of the person designated pursuant to NRS 502.083 to act as the primary

adult for the group to which the permit is issued;

     (b) Either:

          (1) The number of the annual fishing license

or 1-day permit to fish issued to the primary adult, if such a license or

permit is issued to the primary adult; or

          (2) The authorization number issued to the

primary adult pursuant to subsection 4, if such a number is issued to the

primary adult; and

     (c) The number of members of the group authorized

to fish in accordance with the 1-day group fishing permit.

     3.  The number of members of a group

specified on a 1-day group fishing permit must not be increased after the

transaction for the purchase of the permit is complete.

     4.  In lieu of issuing a written 1-day group

fishing permit, the Department may issue such a permit in the form of an

authorization number. An authorization number issued pursuant to this

subsection may be used only:

     (a) By the person for whom it is issued; and

     (b) On the date of validity of the authorization

number.

     5.  Upon the request of a law enforcement

officer, a person using an authorization number pursuant to subsection 4 must:

     (a) Present proof of his or her identity; and

     (b) Specify:

          (1) The authorization number; and

          (2) The name of the person designated to act

as the primary adult for the group.

     6.  As used in this section:

     (a) “Group” has the meaning ascribed to it in NRS 502.083.

     (b) “1-day group fishing permit” means a permit

issued pursuant to NRS 502.083.

     (Added to NAC by Bd. of Wildlife Comm’rs by R113-07,

eff. 12-4-2007)

      NAC 502.295  Special fishing permits: Expiration. (NRS 501.105,

501.181, 502.077)  Special fishing permits

expire on the last day of February of each year.

     [Bd. of Wildlife Comm’rs, No. 32 §§ 2 & 3, eff. 6-16-80]—(NAC

A 12-11-87; 12-13-91; R109-02, 1-21-2003; R137-03, 1-20-2004, eff. 3-1-2004)

      NAC 502.297  Use of second rod. (NRS 501.105, 501.181, 503.290)

     1.  A person may fish with a second

combination of hook, line and rod if the person:

     (a) Has:

          (1) A stamp for a second rod, validated by the

person’s signature in ink across the face of the stamp, affixed to his or her

fishing license or permit to fish; or

          (2) Any other such documentation as the

Department provides as proof that the person has paid to the Department, for

the licensing period that includes the time he or she is fishing, the fee to

use a second rod; and

     (b) Complies with the provisions of subsection 1 of

NRS 503.290.

     2.  No person

may use more than two combinations of hook, line and rod at any time.

     (Added to NAC by Bd. of

Wildlife Comm’rs, 11-29-95, eff. 3-1-96; A by R109-02, 1-21-2003; R137-03, 1-20-2004,

eff. 3-1-2004)

      NAC 502.300  Date when fishing license not required. (NRS 501.105,

501.181, 502.010)  The second Saturday in

June of each year is designated as the day upon which persons may fish without

a license to do so.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-11-87)

TAGS, PERMITS, STAMPS AND OTHER REQUIREMENTS

General Provisions

      NAC 502.310  Tags: Conditions for issuance. (NRS 501.105, 501.181, 502.130)  Tags must be issued in

accordance with the seasons, quotas and other conditions designated in the

annual regulations establishing open seasons.

     [Bd. of Fish & Game Comm’rs, No. 6 § 1, eff. 7-1-70]

      NAC 502.312  Designation of period within season as controlled hunt. (NRS 501.105,

501.181)  The

Commission may designate a period within a season as a controlled hunt for the

taking of a game species where eligibility and the number of hunters are

restricted to a management area or units within a management area.

     (Added to NAC by Bd. of Wildlife Comm’rs by R137-03,

eff. 1-20-2004)

      NAC 502.314  Duplicate tags. (NRS 501.105, 501.181, 502.160, 502.210)

     1.  An application for a duplicate tag must

be made as provided in NRS 502.210

on a form provided by the Department.

     2.  Upon submission of a completed

application for a duplicate tag, a duplicate tag may be purchased at any office

of the Department that issues duplicate tags.

     [Bd. of Fish & Game Comm’rs, No. 19 § 12.42, eff. 5-15-74;

A 9-20-75; 7-25-77; 5-12-80]—(NAC A by Bd. of Wildlife Comm’rs, 3-19-96; R133-01,

12-17-2001, eff. 1-1-2002)

      NAC 502.321  Replacement tags. (NRS 501.105, 501.181, 502.215)

     1.  The Department shall issue a replacement

tag at no charge to the holder of a big game tag who has tagged an animal which

is diseased and unfit for human consumption if:

     (a) A biologist or game warden of the Department or

a veterinarian who is licensed to practice in this State avers on the affidavit

of diseased big game that the animal is diseased; and

     (b) The holder of the tag completes the portion of

the affidavit of diseased big game required to apply for a replacement tag,

including the selection of a season for which the replacement tag will be

issued.

     2.  Upon receipt of a completed affidavit of

diseased big game, the Department shall, during normal business hours, issue a

replacement tag for the appropriate season pursuant to NRS 502.215 at any office of the

Department that issues replacement tags for that purpose.

     3.  If the holder of the big game tag

requests a replacement tag for the next similar season, he or she must possess

a valid hunting license and provide the number of the hunting license to the

Department in order to obtain the replacement tag.

     4.  The Department may determine if a

replacement tag will be issued from the tags remaining in the quota for that

hunt or from tags issued in excess of the quota as an oversubscription for that

hunt.

     5.  As used in this section, “affidavit of

diseased big game” means a form provided by the Department which must be used

by a person who has tagged an animal which is diseased and unfit for human

consumption to apply for a replacement tag.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 6-24-96;

A by R133-01, 12-17-2001, eff. 1-1-2002)

      NAC 502.331  Limitation on number of big game tags; application and fee for

tag or bonus point. (NRS 501.105, 501.181, 502.140, 502.160, 502.250)

     1.  Unless otherwise authorized by the

Commission, it is unlawful for any person to obtain more than one tag for an

antelope, any subspecies of bighorn sheep, a black bear, an elk or a mountain

goat for a season.

     2.  An application for a tag or bonus point must

be:

     (a) Completed in accordance with the regulations of

the Commission and the instructions on the application.

     (b) Made for one applicant only. If two or more

persons apply on one application, the application must be rejected.

     3.  Except as otherwise provided in NAC 502.4292, the following nonrefundable fees must

be charged for acting upon each application for a tag or bonus point:



     (a) Elk tag.........................................................................................................





                      $15







     (b) Any other tag,

other than a mountain lion tag............................................





                        10







     (c) Bonus point.................................................................................................





                        10







     [Bd. of Wildlife Comm’rs, No. 25, §§ 20 & 23, eff.

12-4-79 + No. 26, §§ 12 & 18, eff. 12-4-79; A 5-12-80; 7-1-80]—(NAC A 11-5-81;

4-18-86, eff. 4-25-86; 2-18-88; 4-18-90; 3-7-91; 3-19-96; 11-14-97; R054-01, 12-6-2001;

R137-03, 1-20-2004; R229-03, 3-23-2004; R196-09, 4-20-2010; R002-11, 10-26-2011)

      NAC 502.333  Limitation on applying for junior hunt. (NRS 501.105,

501.181, 502.160)  A person who is otherwise

eligible to apply for a junior hunt may apply for a junior hunt for not more

than 5 years.

     (Added to NAC by Bd. of Wildlife Comm’rs by R115-07,

eff. 12-4-2007; A by R150-09, 6-30-2010)

REVISER’S NOTE.

      The regulation of the Board of Wildlife Commissioners

filed with the Secretary of State on June 30, 2010 (LCB File No. R150-09),

which amended this section, contains the following provisions not included in

NAC:

      “If a person who is ineligible to participate in a

junior hunt because of his or her age or the number of years for which the

person has applied for a junior hunt becomes eligible to participate in a junior

hunt pursuant to the amendatory provisions of this regulation, the Department

of Wildlife shall:

      1.  Reinstate to the category for the

junior hunt each unused bonus point accumulated by that person and

automatically transferred pursuant to subsection 4 of NAC

502.4189 before June 30, 2010;

      2.  Reduce the number of bonus points in

the category for antlered mule deer by the number of bonus points transferred

pursuant to subsection 1; and

      3.  Retain in the category for antlered

mule deer each bonus point which was earned by the person before June 30, 2010,

for each unsuccessful application for the issuance of a tag to hunt mule deer.”

 

      NAC 502.336  Deferral of privilege to use big game tag by certain members of

Armed Forces. (NRS 501.105, 501.181, 502.160, 502.250)

     1.  A person who receives a big game tag and

who, after receiving the tag, is mobilized or deployed while serving on active

duty in the Armed Forces of the United States may:

     (a) Return the tag for a refund as provided in NAC 502.422; and

     (b) Request that, without entering the drawing for

big game tags, the privilege to hunt during the season for which the tag is

issued be deferred for an identical privilege for not more than 2 successive

years during which the hunting season for the identical privilege is open. The

person must exercise the privilege during the 2 successive years. If the person

did not go hunting under the authority of a hunting license issued to him or

her for the hunt year in which the tag was issued, the person may return the

hunting license for a refund.

     2.  To be eligible to defer the privilege to

use a big game tag pursuant to subsection 1, the person must:

     (a) Provide a copy of the person’s orders or other

proof satisfactory to the Department;

     (b) Submit a written request to the Department to

defer the privilege pursuant to subsection 1 together with the request for a

refund pursuant to NAC 502.422;

     (c) Return the tag and, if applicable, the hunting

license to the Department:

          (1) Except as otherwise provided in

subparagraph (2), before the opening day of the season for which the tag was

issued; or

          (2) Before the close of the season for which

the tag was issued, if the person provides proof satisfactory to the Department

that he or she was mobilized or deployed before the opening day of the season

for which the tag was issued and had no opportunity to hunt under the authority

of the tag; and

     (d) Submit to the Department:

          (1) The appropriate fee for the issuance of a

big game tag and a hunting license, if applicable; and

          (2) The nonrefundable application fee and

predator fee for the tag.

     3.  The Department shall not issue a license

or tag pursuant to this section unless the Department receives the fees

specified in paragraph (d) of subsection 2.

     (Added to NAC by Bd. of Wildlife Comm’rs by R114-05,

eff. 10-31-2005)

      NAC 502.341  Antelope tags. (NRS 501.105, 501.181, 502.130, 502.140, 502.160, 502.250)

     1.  Unless his or her privilege is limited or

revoked pursuant to law, any resident of Nevada or nonresident is eligible to

apply in any year for a tag to hunt antelope.

     2.  Except as otherwise provided in NRS 502.215 and NAC 502.321 and 502.4293,

any person who harvests an antelope with horns longer than its ears using a tag

specified in subsection 1 is not eligible to apply for another tag to hunt

antelope with horns longer than its ears during the next 5 years.

     [Bd. of Fish & Game Comm’rs, No. 25 § 9, eff. 12-4-79;

A 5-12-80]—(NAC A by Bd. of Wildlife Comm’rs, 5-1-82; 4-27-84, eff. 5-25-84; 9-10-87;

5-9-88; 4-18-90; 3-19-96; 6-24-96; R066-08, 9-18-2008; R196-09, 4-20-2010)

      NAC 502.345  Bighorn sheep: Tags; presentation of skull and horns to

representative of Department. (NRS 501.105, 501.181, 502.130, 502.140, 502.160, 502.250)

     1.  Unless his or her privilege is limited or

revoked pursuant to law, any resident of Nevada or nonresident is eligible to

apply for a tag to hunt for a ram from one or more of the following subspecies

of bighorn sheep:

     (a) Nelson bighorn sheep;

     (b) California bighorn sheep; or

     (c) Rocky Mountain bighorn sheep,

Ê if, in the

immediately preceding 10 years, he or she did not receive a tag or replacement

tag to hunt for a ram from that subspecies of bighorn sheep.

     2.  Unless his or her privilege is limited or

revoked pursuant to law, any resident of Nevada or nonresident is eligible to

apply for a tag to hunt for a ewe from one or more of the following subspecies

of bighorn sheep:

     (a) Nelson bighorn sheep;

     (b) California bighorn sheep; or

     (c) Rocky Mountain bighorn sheep,

Ê if, in the

immediately preceding 2 years, he or she did not receive a tag or replacement

tag to hunt for a ewe from that subspecies of bighorn sheep.

     3.  A person who kills a bighorn sheep,

regardless of subspecies or gender, shall, within 5 days after killing it,

personally present the skull and horns of the animal to a representative of the

Department for inspection. For a ram, the inspector shall permanently attach a

seal to one of the horns by plugging the seal into the horn or permanently

brand an identification number on one of the horns. It is unlawful for any

person to alter or remove the seal after the seal is permanently attached to a

horn or to alter or remove the permanently branded identification number. It is

unlawful to possess or sell the horns of a ram without a seal having been so

attached or number so branded.

     4.  As used in this section, “ewe” means any

female bighorn sheep having a horn or horns of at least 5 inches in length each

as measured on the outside curve of the horn from the skull to the tip.

     [Bd. of Fish & Game Comm’rs, No. 25 § 10, eff. 12-4-79;

A 5-12-80]—(NAC A by Bd. of Wildlife Comm’rs, 4-27-84, eff. 5-25-84; 4-18-86,

eff. 4-25-86; 9-10-87; 11-14-88; 3-19-96; R041-98, 6-1-98; R156-05, 2-23-2006;

R066-08, 9-18-2008; R196-09, 4-20-2010; R055-11, 3-9-2012; R090-13, 12-23-2013)

REVISER’S NOTE.

      The regulation of the Board of Wildlife Commissioners

filed with the Secretary of State on September 18, 2008, (LCB File No.

R066-08), which amended subsection 1 of this section, contains the following

provisions not included in NAC:

      “1.  The amendatory provisions of section

2 of this regulation [NAC 502.345] do not apply to

a person who, during the 5 years immediately preceding September 18, 2008:

      (a) Obtained a tag or replacement tag for one or

more of the subspecies of bighorn sheep specified in that section; and

      (b) Did not harvest a bighorn sheep using that

tag.

      2.  A person specified in subsection 1

may, if he is otherwise eligible to apply for a tag to hunt a subspecies of

bighorn sheep, apply for such a tag upon the expiration of 5 years after

obtaining the tag or replacement tag specified in subsection 1.”

 

      NAC 502.347  Bobcats: Miscellaneous requirements; prohibited and unlawful

acts; transportation; fee for seal. (NRS 501.105, 501.181, 502.130)

     1.  Any person who kills a bobcat shall,

within 10 days after the close of the season, personally:

     (a) Present its pelt for inspection by and give its

lower jaw to a representative of the Department;

     (b) Have the Department’s seal affixed to the pelt;

and

     (c) Complete a report of the killing in accordance

with the Department’s instructions.

     2.  A person shall not sell, offer for sale,

barter, trade, purchase, transfer ownership, tan, offer for out-of-state

shipment by a common carrier or, except as otherwise provided in subsection 3,

transport from this State any pelt of a bobcat unless the Department has

affixed its seal to the pelt.

     3.  During the season designated by the

Commission for the taking of bobcats, a person who holds a valid resident

trapping license may transport from this State, for not more than 2 hours:

     (a) The pelt of a bobcat that has not been

stretched, dried or cured; or

     (b) The entire unskinned carcass of a bobcat,

Ê lawfully

taken by the person in this State, without the seal being affixed to the pelt

pursuant to subsection 2, for the purpose of returning to the person’s

residence within this State by the most expedient route or checking any

additional trap set by the person that is located in an area of this State

which is most readily accessed from any state. The provisions of this

subsection do not authorize a person to import, transport, export or possess an

unsealed pelt in violation of a law or regulation of any state.

     4.  A person shall not possess a pelt of a

bobcat 10 days or more after the close of the season unless the Department’s

seal is permanently attached to the pelt.

     5.  A resident of Nevada must pay the

Department $5 for such a seal.

     6.  It is unlawful for a person to present

for sealing or to have sealed in this State the pelt of any bobcat taken in

another state.

     7.  As used in this section, “pelt” means the

hide or skin of a bobcat that is not permanently tanned or has not been

processed to a finished form or product beyond initial fleshing, cleaning,

temporary tanning, curing, stretching, salting or drying. The term includes,

without limitation, any green pelt or raw pelt.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 9-1-80;

A 11-5-81; 8-22-86, eff. 9-15-86; R107-05, 9-18-2007)

      NAC 502.361  Elk tags. (NRS 501.105, 501.181, 502.130, 502.140, 502.160, 502.250)

     1.  Except as otherwise provided in subsection

3 or NAC 502.4293, or unless his or her privilege

is limited or revoked pursuant to law, a person is eligible to apply for a bull

elk tag in any year if he or she did not receive a bull elk tag or a

replacement tag for a bull elk in the previous 5 years. Unless his or her

privilege is limited or revoked pursuant to law, a person is eligible to apply

for an antlerless elk tag in any year.

     2.  Except as otherwise provided in NAC 502.4293, unless his or her privilege is limited

or revoked pursuant to law, a person is eligible to apply for a spike elk tag

in any year if he or she did not receive a spike elk tag or a replacement tag

for a spike elk in the previous year.

     3.  Except as otherwise provided in NAC 502.4293, a person who obtains a bull elk tag or

a replacement tag for a bull elk and is successful in harvesting a bull elk is

not eligible to apply for another bull elk tag during the next 10 years.

     [Bd. of Fish & Game Comm’rs, No. 25 § 11, eff. 12-4-79;

A 5-12-80]—(NAC A by Bd. of Wildlife Comm’rs, 9-10-87; 6-20-90; 11-23-94; 3-21-96;

R140-98, 9-25-98; R180-01, 4-3-2002; R066-08, 9-18-2008; R196-09, 4-20-2010)

      NAC 502.364  Mountain goats: Tags; inspection. (NRS 501.105,

501.181, 502.130, 502.140, 502.160)

     1.  Before a person may hunt a mountain goat,

he or she must obtain a tag from the Department. Except as otherwise provided

by a regulation of the Commission or title 45 of NRS, a person may apply for a

mountain goat tag in any year if, in the immediately preceding 10 years, he or

she did not receive a tag or replacement tag for a mountain goat.

     2.  A person who harvests a mountain goat

shall, within 5 days after harvesting it, personally present the skull, hide

and any edible portion of the animal, or its carcass, to a representative of

the Department for inspection.

     [Bd. of Fish & Game Comm’rs, No. 25 § 12, eff. 12-4-79]—(NAC

A 4-27-84, eff. 5-25-84; A by Bd. of Wildlife Comm’rs, 4-18-90; 3-19-96; 6-24-96;

9-6-96; R023-03, 10-30-2003; R156-05, 2-23-2006; R066-08, 9-18-2008)

      NAC 502.370  Mountain lions: Tags; open season; miscellaneous requirements;

unlawful acts. (NRS 501.105, 501.181, 502.130, 502.140, 502.160)

     1.  A tag is required to hunt a mountain

lion. Unless otherwise specified by a regulation of the Commission or title 45

of NRS, any resident of Nevada or nonresident is eligible to obtain not more

than two mountain lion tags in any year. A mountain lion tag:

     (a) May be purchased from the Department or a

license agent;

     (b) May be used in any management unit or group of

management units in Nevada during any open season established for the

management unit or group of management units pursuant to subsection 2; and

     (c) Expires upon the termination of all the open

seasons established pursuant to subsection 2 for the year for which the tag is

issued.

     2.  The Commission will annually specify the

number of mountain lions it determines to be appropriate for harvesting in a

management unit or group of management units. The open season for mountain

lions in each such management unit or group of management units begins on March

1 and ends on:

     (a) The last day of the next succeeding February;

or

     (b) The day the Department determines that the

number of mountain lions harvested in that management unit or group of

management units is equal to or greater than the number specified by the

Commission pursuant to this subsection,

Ê whichever

occurs earlier. The Department shall maintain and annually publish a toll-free

telephone number for ascertaining whether the Department has determined that

the number of mountain lions harvested in a management unit or group of

management units is equal to or greater than the number specified by the

Commission pursuant to this subsection. The Department is not required to

provide any other notice of the termination of an open season for mountain

lions in a management unit or group of management units.

     3.  A person who harvests a mountain lion

shall, within 72 hours after harvesting it, personally present the skull and

hide to a representative of the Department for inspection. The representative

shall affix the seal of the Department permanently to the hide.

     4.  It is unlawful for any person to:

     (a) Transport the hide of a mountain lion from this

State without the seal required pursuant to this section permanently affixed to

the hide.

     (b) Except as otherwise provided in subsection 3,

possess the hide of a mountain lion without a seal permanently attached to it.

     (c) Kill a female mountain lion which is

accompanied by a spotted kitten.

     (d) Kill or possess a spotted mountain lion kitten.

     5.  If a mountain lion is accidentally

trapped or killed, the person trapping or killing it shall report the trapping

or killing within 48 hours to a representative of the Department. The animal

must be disposed of in accordance with the instructions of the representative.

     [Bd. of Fish & Game Comm’rs, No. 25 § 13, eff. 12-4-79]—(NAC

A by Bd. of Wildlife Comm’rs, 11-14-88; 4-18-90; 3-19-96; R106-02, 1-21-2003;

R107-05, 9-18-2007)

      NAC 502.373  Black bears: Tags; fees; miscellaneous requirements; unlawful

acts; open season. (NRS 501.105, 501.181, 502.130, 502.140, 502.160)

     1.  Unless his or her privilege is limited or

revoked pursuant to law, any resident or nonresident of this State is eligible

to apply for a black bear tag to hunt black bear. Except as otherwise provided

in this subsection, a person is eligible to apply for a black bear tag in any

year. A person who obtains a black bear tag or a replacement black bear tag and

who is successful in harvesting a black bear is not eligible to apply for

another black bear tag during the next 5 years.

     2.  The fee for:

     (a) A resident black bear tag is $100.

     (b) A nonresident black bear tag is $300.

     3.  A person who harvests a black bear shall:

     (a) Within 24 hours after harvesting the black

bear, call the Department to report the harvest; and

     (b) Within 72 hours after harvesting the black

bear, personally present the skull and hide to a representative of the

Department for inspection.

     4.  If a person accidentally traps or kills a

black bear, the person shall:

     (a) Within 48 hours after trapping or killing the

black bear, report the trapping or killing to a representative of the

Department; and

     (b) Dispose of the remains of the black bear in

accordance with the instructions of the representative of the Department.

     5.  It is unlawful for any person to:

     (a) Kill a female black bear that is accompanied by

a black bear cub; or

     (b) Kill or possess a black bear cub.

Ê As used in

this subsection, “black bear cub” means any black bear which is less than 1

year of age or less than 50 pounds.

     6.  The Commission will annually specify the

number of black bears and female black bears it determines to be appropriate

for harvesting in a management unit or group of management units. The open

season for black bears in each such management unit or group of management units

will end on:

     (a) The last day of the season as determined by the

Commission; or

     (b) The day on which the Department determines that

the number of black bears or female black bears harvested in that management

unit or group of management units is equal to or greater than the number

specified by the Commission pursuant to this subsection,

Ê whichever

occurs earlier.

     7.  The Department shall maintain and

annually publish a toll-free telephone number for ascertaining whether the open

season for black bears has been closed pursuant to subsection 6. To implement

the closure of the open season for black bears, the Department shall:

     (a) Notify the Commission of the closure;

     (b) Provide notice of the closure to the general

public through the news media; and

     (c) Mail notice of the closure to all persons who

hold black bear tags.

     (Added to NAC by Bd. of Wildlife Comm’rs by R002-11,

eff. 10-26-2011)

      NAC 502.376  Upland game birds: Stamp or other documentation required;

exceptions. (NRS 501.105, 501.181, 502.292)

     1.  Except as otherwise provided in

subsection 2, any person who hunts for upland game birds, except turkey and

crow, must carry on his or her person:

     (a) An unexpired upland game bird stamp validated

by the person’s signature in ink across the face of the stamp; or

     (b) Any other such documentation as the Department

provides as proof that the person has paid to the Department, for the licensing

period that includes the time he or she is hunting, the fee for the upland game

bird stamp.

     2.  The provisions of this section do not

apply to a person who is under the age of 12 years.

     (Added to NAC by Bd. of Wildlife Comm’rs by R137-03, 1-20-2004,

eff. 3-1-2004)

      NAC 502.378  Wild turkeys: Tags; miscellaneous requirements. (NRS 501.105,

501.181, 502.130, 502.160, 502.250)

     1.  A tag is required to hunt wild turkey.

The fee for a resident tag is $20. The fee for a nonresident tag is $50. In

addition, a nonrefundable fee in the amount set forth in subsection 3 of NAC 502.331 will be charged for acting upon each

application for a tag. A person may obtain a form to apply for a tag from a

license agent or an office of the Department. The form must be completed in

accordance with the instructions on the form. The award of these tags by the

Department will be based on a drawing held after the deadline specified on the

form.

     2.  A person, while hunting wild turkey,

shall have in his or her possession:

     (a) A valid hunting license; and

     (b) A valid tag to hunt wild turkey issued to the

person.

     3.  A hunter who has killed a wild turkey and

taken it into his or her possession shall immediately punch the tag and attach

it to the body of the turkey as required by NAC 502.390

and 502.400.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 9-19-90;

A 11-14-97; R168-99, 1-19-2000)

      NAC 502.380  Swans: Permits; miscellaneous requirements; prohibited acts. (NRS 501.105,

501.181, 502.130)

     1.  A permit is required to hunt swan. The

fee for the permit is $10. A person must apply for the permit on a form

provided by the Department. The form must be completed in accordance with the

instructions thereon. Award of the swan hunt permits by the Department will be

based on a drawing held after the date specified on the form.

     2.  Each person, while hunting swan, shall

carry on his or her person a:

     (a) Hunting license issued by the Department,

unless the person is a resident of this State who is under the age of 12 years,

or a nonresident permit to hunt upland game and migratory game birds;

     (b) Swan hunt permit issued by the Department;

     (c) State duck stamp, or any other such

documentation as the Department provides as proof that the person has paid to

the Department the fee for the state duck stamp, unless the person is under the

age of 12 years or 65 years of age or older; and

     (d) Federal migratory bird hunting stamp, or any

other such documentation as the Federal Government provides as proof that the

person has paid to the Federal Government the fee for the federal migratory

bird hunting stamp, unless the person is not subject to the payment of the fee.

     3.  When a hunter has killed a swan and taken

it into his or her possession, the hunter shall:

     (a) Immediately punch and attach the swan hunt

permit in the manner required by NAC 502.390 and 502.400; and

     (b) Except as otherwise provided by an order or

regulation of the Commission, not later than 5 days after the hunter has killed

and taken the swan into his or her possession, submit the head and neck of the

swan to a representative of the Department for inspection at a location

designated by the Department. The Department shall provide a list of the

locations upon the issuance of the swan hunt permit.

     4.  A person shall not use or possess a swan

hunt permit issued to any other person, or transfer or give a swan hunt permit

issued to him or her to any other person.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 9-1-80;

A 11-5-81; 1-2-86; 9-13-91; R061-99, 8-19-99; R137-03, 1-20-2004, eff. 3-1-2004;

R126-06, 9-18-2006; R117-07, 12-4-2007; R055-11, 3-9-2012)

      NAC 502.385  Use of tag or permit. (NRS 501.105, 501.181, 502.140, 502.160)

     1.  The tag or permit must:

     (a) Include, in the space provided on the tag or

permit, the signature of the holder of the tag or permit and the date on which

and time at which the holder signed the tag or permit; and

     (b) Be carried by the holder at all times while the

holder is hunting or trapping or while he or she is fishing for wildlife for

which a tag or permit is required.

     2.  It is unlawful for any person to:

     (a) Use or possess a tag or permit issued to any

other person;

     (b) Transfer or give a tag or permit issued to him

or her to any other person;

     (c) Use any tag or permit in a management area or

unit for which it is not intended; or

     (d) Use a tag or permit at any time other than at

the time intended.

     3.  After it has been issued, a tag or permit

may not be exchanged or a refund made except in accordance with the policies

and regulations of the Commission.

     [Bd. of Fish & Game

Comm’rs, No. 6 § 2, eff. 9-1-78 + No. 25 § 24, eff. 12-4-79]—(NAC A by Bd. of

Wildlife Comm’rs, 3-7-91; R126-06, 9-18-2006; R003-13, 10-4-2013)

      NAC 502.390  Validation of tag or permit. (NRS 501.105, 501.181, 502.160)  When a person reaches any

wildlife which the person has killed, he or she must validate his or her tag or

permit immediately by clearly punching out the spaces necessary to properly

identify the physical description of the animal, including its sex and antler

points, where appropriate, and the day and month of the kill.

     [Bd. of Fish & Game Comm’rs, No. 6 § 3, eff. 9-1-78]—(NAC

A by Bd. of Wildlife Comm’rs by R126-06, 9-18-2006; R115-09, 1-28-2010)

      NAC 502.400  Attachment of tag or permit to animal. (NRS 501.105,

501.181, 502.160)

     1.  Except as otherwise provided in

subsection 2, the owner of a tag or permit must firmly attach it to the carcass

of an animal killed by the owner, at or before the time he or she first reaches

his or her means of transportation or camp. The tag or permit must remain with

the major portion of the meat until it is consumed.

     2.  If the animal killed is a mountain lion

or fur-bearing mammal for which a tag or permit is required, the owner of the

tag or permit must firmly attach it to the hide or pelt of the animal. The tag

or permit must remain attached to the hide while it is transported and until it

is processed.

     [Bd. of Fish & Game Comm’rs, No. 6 § 4, eff. 9-1-78]—(NAC

A by Bd. of Wildlife Comm’rs by R133-04, 10-28-2004; R126-06, 9-18-2006)

      NAC 502.401  Use of tag as transportation permit; requirements. (NRS 501.105,

501.181, 503.040)

     1.  A person to whom a game tag has been

lawfully issued may use his or her game tag as a transportation permit in the

manner described in this section if:

     (a) Pursuant to paragraph (a) of subsection 1 of NAC 502.385, the game tag includes the signature of

the holder of the game tag and the date on which and time at which the holder

signed the game tag;

     (b) The game tag has been validated pursuant to NAC 502.390; and

     (c) The game tag has been attached to the carcass,

hide or pelt of the animal pursuant to NAC 502.400.

     2.  The holder of the game tag, the person

who will transport the carcass, hide or pelt of the animal and a witness each

shall, at the time the carcass, hide or pelt is transferred from the holder of

the game tag to the person who will transport the carcass, hide or pelt:

     (a) Sign the portion of the game tag designated as

the tag holder copy of the transportation permit and the portion of the game

tag designated as the transporter copy of the transportation permit; and

     (b) Include on each portion of the game tag

described in paragraph (a):

          (1) The date and time that the carcass, hide

or pelt of the animal is transferred from the holder of the game tag to the

person who will transport the carcass, hide or pelt of the animal; and

          (2) Except as otherwise provided in subsection

3, his or her driver’s license number or the number of any other identification

card issued by a governmental agency to the person.

     3.  If the holder of the game tag, the person

who will transport the carcass, hide or pelt of the animal or the witness does

not have a driver’s license or any other identification card issued by a

governmental agency, he or she shall include on each portion of the game tag

described in paragraph (a) of subsection 2 his or her date of birth.

     4.  In addition to the requirements of

subsections 2 and 3, the holder of the game tag shall include on each portion

of the game tag described in paragraph (a) of subsection 2 the destination of

the carcass, hide or pelt being transported.

     5.  A person who provides a signature

pursuant to this section shall be deemed to have attested, under penalty of

perjury, to the transfer of the carcass, hide or pelt of the animal from the

holder of the game tag to the person who will transport the carcass, hide or

pelt.

     6.  A person shall not remove from the

carcass, hide or pelt of an animal either portion of the game tag described in

paragraph (a) of subsection 2 until the carcass, hide or pelt has been

transferred from the holder of the game tag to the person who will transport the

carcass, hide or pelt.

     7.  The holder of the game tag shall retain

the portion of the game tag designated as the tag holder copy of the

transportation permit and the person who transports the carcass, hide or pelt

shall retain the portion of the game tag designated as the transporter copy of

the transportation permit for at least 1 year after the date that the carcass,

hide or pelt of the animal is transferred from the holder of the game tag to

the person who transports the carcass, hide or pelt.

     8.  If the carcass, hide or pelt of an animal

is transferred from the holder of a game tag to a person who will transport the

carcass, hide or pelt, that portion of the cape or scalp of the animal which

includes the ears to the base of the muzzle and any antlers or horns must be

kept with the carcass, hide or pelt until the carcass, hide or pelt is frozen,

smoked, dried, consumed or accepted by a commercial processing plant for

processing.

     (Added to NAC by Bd. of Wildlife Comm’rs by R003-13,

eff. 10-4-2013)

      NAC 502.403  Transportation of animal legally harvested to taxidermist: Use of

taxidermy record stub as transportation permit; restrictions. (NRS 501.105,

501.181, 502.370)

     1.  Except as otherwise provided in this

section, a person to whom a game tag has been lawfully issued may use that

portion of his or her game tag designated as the taxidermy record stub in the

following manner:

     (a) The person may ship by commercial carrier any

nonedible game parts taken from the animal lawfully harvested under the

authority of the tag to a commercial or noncommercial taxidermist licensed and

located in this State. If such parts are placed for shipment, the taxidermy

record stub must accompany the shipment.

     (b) If the person reaches his or her place of

residence with an animal which has been lawfully harvested under the authority

of the tag or delivers the animal to a commercial processor for processing, the

person may authorize another person to transport any nonedible game parts taken

from the animal to a commercial or noncommercial taxidermist licensed and

located in this State. The person shall, at the time of making the

authorization, print in ink on the taxidermy record stub both the name of the

authorized transporter and the date of the authorization. The taxidermy record

stub must accompany the transportation of the parts.

     (c) The person who is specified on the tag may

deliver any nonedible game parts taken from the animal lawfully harvested under

the authority of the tag to a commercial or noncommercial taxidermist licensed

in any state.

     2.  Whenever antlers are shipped, transported

or delivered in the manner provided in subsection 1, the holder of the game tag

shall indicate in ink on the taxidermy record stub the number of both the left

and right antler points.

     3.  If a person who holds a game tag delivers

any nonedible game parts of a game animal which he or she has lawfully

harvested under the authority of the tag to a taxidermist before the carcass of

the animal is delivered for processing to a commercial processing plant or

before the carcass of the animal is taken to or left at the holder’s place of

residence, the holder shall obtain from the taxidermist, and the taxidermist

shall provide to the holder, an itemized receipt which includes the following

printed information:

     (a) The date on which the nonedible game parts were

received;

     (b) The species of game from which the nonedible

game parts were taken;

     (c) A brief description of each of the nonedible

game parts received; and

     (d) The number of antler points, both left and right,

if any, of the animal.

Ê Both the

holder of the tag and the taxidermist shall sign the receipt. The holder of the

tag shall retain possession of the receipt until he or she acquires physical

possession of the nonedible game parts specified in the receipt from the

taxidermist to whom the parts were delivered.

     4.  Except as otherwise provided in this

section, a taxidermy record stub may not be used or possessed by any person

other than the person to whom the game tag to which the stub is attached was

issued.

     5.  A taxidermy record stub is valid only for

the type of hunt, season and animal specified on the tag and may only be used

as authorized in this section.

     6.  Nonedible game parts taken from a

harvested game animal which is required to be presented to a representative of

the Department for inspection and branding or sealing may not be shipped,

transported or delivered pursuant to the provisions of this section until the

animal has been properly inspected and branded or sealed by the Department.

     7.  The provisions of NAC 503.173 do not apply to a person who

ships, transports or delivers nonedible game parts in compliance with the

provisions of this section.

     8.  As used in this section, “nonedible game

parts” means the hide, head, skull, antlers, horns, paws, hooves or claws of

any game animal. The term does not include the carcass of the animal.

     (Added to NAC by Bd. of Wildlife Comm’rs, 10-12-94,

eff. 3-1-95; A by R003-13, 10-4-2013)

      NAC 502.405  Questionnaire with big game tag: Submission of information to

independent contractor designated by Department; correction; denial and

reinstatement of certain privileges. (NRS 501.105, 501.119, 501.181, 502.160)

     1.  Unless otherwise provided by an annual

regulation of the Commission, the properly completed questionnaire issued as

part of a big game tag or the information required by the questionnaire must be

received by the independent contractor designated by the Department not later

than 5 p.m. on January 31, or the next business day if January 31 falls on a

weekend or state holiday, following the close of the season for which the tag

was issued.

     2.  The Department shall annually designate

and publish the name and address of an independent contractor who will receive

the questionnaire or the information required by the questionnaire pursuant to

subsection 1.

     3.  A person who fails to return the

questionnaire or the information required by the questionnaire within the

period specified or who submits incomplete or false information on the

questionnaire will be denied all big game tags for 1 year. A person who has

been denied a big game tag pursuant to this subsection may have those

privileges reinstated if the person:

     (a) Using a postal service:

          (1) Pays to the Department an administrative

fine of $50; and

          (2) Submits to the independent contractor

designated by the Department the properly completed questionnaire issued as

part of the big game tag or the information required by the questionnaire, all

of which must be received by the third Friday in March; or

     (b) Together with an application that is submitted

electronically for a big game tag in the main draw:

          (1) Pays to the Department an administrative

fine of $50; and

          (2) Submits to the independent contractor

designated by the Department the properly completed questionnaire issued as

part of the big game tag or the information required by the questionnaire on or

before the deadline for the application for the main draw.

     4.  The Department shall allow an applicant

to correct a questionnaire if:

     (a) The independent contractor receives the

questionnaire and enters the information on the questionnaire into the

computer;

     (b) The questionnaire contains an error that causes

the computer to send to the applicant a letter of rejection and blank

correction document; and

     (c) The independent contractor receives the

completed correction document on or before the deadline set forth in the

correction document.

     5.  If the independent contractor receives

the completed correction document on or before the deadline set forth in the

correction document, the independent contractor shall use the information

contained in the correction document to update the applicant’s file on the computer.

     6.  If the applicant submits a correction

document that does not contain information sufficient to correct every error in

the questionnaire or the correction document is not received by the independent

contractor on or before the deadline set forth in the correction document, the

questionnaire will be considered incomplete pursuant to subsection 3.

     [Bd. of Fish & Game Comm’rs, No. 6 § 5, eff. 9-1-78;

+ No. 25 § 8 + No. 26 § 8, eff. 12-4-79]—(NAC A by Bd. of Wildlife Comm’rs, 12-3-80,

eff. 12-5-80; 4-27-84, eff. 5-25-84; 2-18-88; R136-98, 11-13-98; R168-99, 1-19-2000;

R106-02, 1-21-2003; R024-03, 10-30-2003; R156-05, 2-23-2006; R117-07, 12-4-2007)

      NAC 502.407  Questionnaire with turkey tag: Submission to independent

contractor designated by Department; correction; denial and reinstatement of

certain privileges. (NRS 501.105, 501.119, 501.181, 502.160)

     1.  Unless otherwise provided by an annual

regulation of the Commission, the properly completed questionnaire issued as

part of a turkey tag must be received by the independent contractor designated

by the Department not later than 5 p.m. on:

     (a) May 31, or the next business day if May 31 falls

on a weekend or state holiday, following the close of the season for the spring

hunt for turkey; or

     (b) November 30, or the next business day if

November 30 falls on a weekend or state holiday, following the close of the

season for the fall hunt for turkey.

     2.  The Department shall annually designate

and publish the name and address of an independent contractor who will receive

the questionnaire pursuant to subsection 1.

     3.  A person who fails to return the

questionnaire or the information required by the questionnaire within the

period specified or who submits incomplete or false information on the

questionnaire will be denied all turkey tags for 1 year.

     4.  A person who has been denied a tag

pursuant to subsection 3 may have those privileges reinstated if the person:

     (a) Pays to the Department an administrative fine

of $50; and

     (b) Submits to the independent contractor

designated by the Department the properly completed questionnaire issued as

part of the turkey tag or the information required by the questionnaire.

     5.  A person who seeks to have privileges

reinstated pursuant to the provisions of subsection 4 must perform the actions

specified in that subsection not later than 5 p.m. on:

     (a) June 30, or the next business day if June 30

falls on a weekend or state holiday, following the close of the spring hunt for

turkey; or

     (b) December 31, or the next business day if

December 31 falls on a weekend or state holiday, following the close of the

fall hunt for turkey.

     6.  The Department shall allow an applicant

to correct a questionnaire if:

     (a) The independent contractor receives the

questionnaire and enters the information on the questionnaire into the

computer;

     (b) The questionnaire contains an error that causes

the computer to send to the applicant a letter of rejection and blank

correction document; and

     (c) The independent contractor receives the

completed correction document on or before the deadline set forth in the

correction document.

     7.  If the independent contractor receives

the completed correction document on or before the deadline set forth in the

correction document, the independent contractor shall use the information

contained in the correction document to update the applicant’s file on the

computer.

     8.  If the applicant submits a correction

document that does not contain information sufficient to correct every error in

the questionnaire or the correction document is not received by the independent

contractor on or before the deadline set forth in the correction document, the

questionnaire will be considered incomplete pursuant to subsection 3.

     (Added to NAC by Bd. of Wildlife Comm’rs by R117-07,

eff. 12-4-2007)

      NAC 502.411  Computation of time for presentation of animal to representative

of Department. (NRS 501.105, 501.181, 502.160)  Whenever a person is

required, pursuant to a regulation adopted by the Commission, to present an

animal or parts thereof to a representative of the Department for inspection,

sealing or branding within a specified period, the day of the act or event from

which the specified period begins to run must not be included. The last day of

the period so computed must be included, unless it is a Saturday, a Sunday or a

state holiday, in which event the period runs until the end of the next day

which is not a Saturday, a Sunday or a state holiday. Intermediate Saturdays,

Sundays and state holidays must be excluded from the computation.

     (Added to NAC by Bd. of Wildlife Comm’rs by R117-07,

eff. 12-4-2007)

      NAC 502.415  Duck stamps: Price. (NRS 501.105, 501.181, 502.300)

     1.  The prices for state duck stamps are as

follows:

     (a) For unexpired stamps, $10; and

     (b) For expired stamps: 

          (1) If a person who is provided electronic

documentation by the Department that he or she has paid the fee for a state

duck stamp for a license year wishes to obtain an expired state duck stamp for

that license year, the person may, within 30 days after the expiration of that

license year, obtain such a stamp from the Department free of charge; or

          (2) If a person wishes to purchase a mint

stock stamp from the Department, the face value of the mint stock stamp.

     2.  As used in this section, “mint stock

stamp” means an expired and unvalidated state duck stamp that is available for

sale to a collector, company, organization or institution involved in secondary

market sales of duck stamps.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 4-18-90;

A by R137-03, 1-20-2004, eff. 3-1-2004; R011-10, 6-30-2010)

REVISER’S NOTE.

      The regulation of the Board of Wildlife Commissioners

filed with the Secretary of State on June 30, 2010 (LCB File No. R011-10),

which amended this section, contains the following provisions not included in

NAC:

      “Notwithstanding the amendatory provisions of section

1 of this regulation [NAC 502.415], a person who

was provided documentation by the Department of Wildlife that he or she had

paid the fee for a state duck stamp for the license year which ended on

February 28, 2010, may apply for the issuance of an expired state duck stamp

for that license year free of charge by submitting a form provided by the

Department for that purpose at the main office of the Department. The form must

be submitted on or before the date specified by the Department on the form.”

 

General Procedure for Awarding Tags and Bonus Points

      NAC 502.416  “Department” defined. (NRS 501.105, 501.181)  As used in NAC 502.416 to 502.4225,

inclusive, unless the context otherwise requires, “Department” includes any

independent contractor of the Department acting on behalf of and under the

direction of the Department and the agents and employees of the independent

contractor.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-26-93;

A by R168-99, 1-19-2000; R229-03, 3-23-2004; R040-09, 10-27-2009; R051-11, 3-9-2012)

      NAC 502.417  Applicability. (NRS 501.105, 501.181, 502.160)  Except as otherwise

provided in this chapter, the provisions of NAC 502.416

to 502.4225, inclusive, apply to the processing

of:

     1.  Applications to obtain tags as provided

in NRS 502.130; and

     2.  Applications to obtain bonus points for

tags as provided in NRS 502.130.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91;

A 10-12-94; R229-03, 3-23-2004; R040-09, 10-27-2009)

      NAC 502.4175  Application for tag or bonus point; fees. (NRS 501.105,

501.181, 502.030, 502.160)

     1.  A person desiring to obtain a tag or a

bonus point without the opportunity to obtain a tag must apply to the

Department on a form provided by the Department that includes spaces for the

applicant to:

     (a) Specify his or her name, address and date of

birth;

     (b) Specify the species or category of species for

which the applicant is applying;

     (c) If the applicant is applying for a tag to hunt

deer, bear, elk, antelope, bighorn sheep, mountain goat or wild turkey, select

not more than five hunter choice numbers; and

     (d) Sign the application or, if the application is

submitted electronically, acknowledge the affidavit that is included in the

application provided by the Department.

     2.  A person who desires to be placed on an

alternate list pursuant to NAC 502.421 or 502.4275 must apply to the Department electronically

to obtain a tag and must indicate on the electronic application his or her

desire to be placed on an alternate list.

     3.  If an applicant desiring to obtain a

bonus point without the opportunity to obtain a tag specifies a hunter choice

number on his or her application, the Department shall ignore the specification

of the hunter choice number by the applicant and process the application for

the bonus point.

     4.  An application must include the

applicant’s social security number, or a unique number will be assigned by the

Department.

     5.  The Commission will establish the seasons

and quotas for a hunt, and the method for submission and deadline for receipt

of applications.

     6.  An applicant must obtain a valid hunting

license before submitting his or her application for a tag or bonus point,

except that an applicant may apply for a hunting license when submitting the

application for a tag or bonus point if the applicant is:

     (a) A resident who submits the applications

electronically pursuant to subsection 8; or

     (b) A nonresident who submits the applications

pursuant to subsection 7 or 8.

     7.  Except as otherwise provided in subsection

8, an application for a tag or bonus point must be accompanied by:

     (a) The appropriate fee for the tag, as provided in

NRS 502.250, if the application

is for a tag;

     (b) The fee for a hunting license, as provided in NRS 502.240, if the applicant is a

nonresident who submits the application for a tag or bonus point and has not

obtained a hunting license;

     (c) The habitat conservation fee, as provided in NRS 502.242, if the applicant is a

nonresident who submits the application for a tag or bonus point and has not

obtained a hunting license;

     (d) The fee required pursuant to NRS 502.253 for the support of

programs to control predators and protect wildlife habitat; and

     (e) The applicable fee required pursuant to NAC 502.331 for the Department to act upon the

application. The Department shall apply the proceeds of the fee to the cost of

processing applications, conducting drawings for tags, awarding bonus points

and performing such related activities as the Commission may direct.

     8.  If a resident or nonresident applicant

submits the application for a tag or bonus point electronically, the

application must be accompanied by:

     (a) The fee required pursuant to NRS 502.253 for the support of

programs to control predators and protect wildlife habitat;

     (b) Any donation the applicant wishes to make to a

program specified in paragraph (a) or any other program conducted by the

Department;

     (c) The fee for a hunting license, as provided in NRS 502.240, if the application is

for:

          (1) A tag and the applicant:

               (I) Has not obtained a hunting license;

and

               (II) Indicates on the application that he

or she wishes to purchase the hunting license regardless of whether his or her

application is successfully drawn; or

          (2) A bonus point and the applicant has not

obtained a hunting license;

     (d) The habitat conservation fee, as provided in NRS 502.242, if the application is

for:

          (1) A tag and the applicant:

               (I) Has not obtained a hunting license;

and

               (II) Indicates on the application that he

or she wishes to purchase the hunting license regardless of whether his or her

application is successfully drawn; or

          (2) A bonus point and the applicant has not

obtained a hunting license; and

     (e) The applicable fee required pursuant to NAC 502.331 for the Department to act upon the

application. The Department shall apply the proceeds of the fee to the cost of

processing applications, conducting drawings for tags, awarding bonus points

and performing such related activities as the Commission may direct.

     9.  If an application for a tag specified in

subsection 8 is:

     (a) Successfully drawn, the Department shall

collect from the applicant:

          (1) The appropriate fee for the tag as

provided in NRS 502.250;

          (2) The fee for a hunting license, as provided

in NRS 502.240, if the

applicant:

               (I) Has not obtained a hunting license;

and

               (II) Indicates on the application that he

or she wishes to purchase the hunting license only if his or her application is

successfully drawn; and

          (3) The habitat conservation fee, as provided

in NRS 502.242, if the

applicant:

               (I) Has not obtained a hunting license;

and

               (II) Indicates on the application that he

or she wishes to purchase the hunting license only if his or her application is

successfully drawn; or

     (b) Not successfully drawn, the Department shall

collect from the applicant the fee for participating in the Partnership in

Wildlife Drawing, as provided in NAC 502.427, if

the applicant has indicated on the application that he or she wishes to

participate in that drawing.

     10.  An application to obtain a tag that is

issued by random selection may be submitted by a person who is under 12 years

of age if he or she will attain the age of 12 years before the commencement of

each season to which the application relates. An application to obtain a tag

that is issued on a first-come, first-served basis may not be submitted by a

person who has not yet attained the age of 12 years.

     11.  The Department and its agents and

employees shall not:

     (a) Amend or otherwise alter an application to

obtain a tag or bonus point.

     (b) Issue a tag or award a bonus point to an

applicant who fails to submit the fees required pursuant to this section.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91;

A 10-26-93; 10-12-94; 3-19-96; R139-98, 11-13-98; R168-99, 1-19-2000; R133-01,

12-17-2001, eff. 1-1-2002; R137-03, 1-20-2004, eff. 3-1-2004; R229-03, 3-23-2004;

R067-08, 8-26-2008; R155-09, 4-20-2010; R159-12, 12-20-2012)

      NAC 502.4177  Submission of application for sole purpose of obtaining bonus

point. (NRS 501.105, 501.181, 502.160)

     1.  Except as otherwise provided in

subsection 2, a person who is at least 12 years of age and does not wish to

obtain a tag may apply to the Department for the sole purpose of obtaining a

bonus point for a tag other than a restricted nonresident deer tag. Such an

application may be submitted by a person who is under 12 years of age if he or

she will attain the age of 12 years before the commencement of the earliest

season for the category of the species to which the application relates.

     2.  A person who is ineligible to apply for a

tag for a category of species may not apply for a bonus point for that category

of species.

     3.  The Department shall award a bonus point

to a person described in subsection 1 if the person has complied with all applicable

provisions of chapter 502 of NRS and

the regulations adopted pursuant thereto.

     (Added to NAC by Bd. of Wildlife Comm’rs by R229-03,

eff. 3-23-2004; A by R156-05, 2-23-2006)

      NAC 502.4179  Restrictions on applications. (NRS 501.105, 501.181, 502.160, 502.219)  A person may not submit an

application for a:

     1.  Tag and an application for a bonus point

for the same category or species in the same drawing unless authorized by the

Commission.

     2.  Bonus point in a subsequent drawing if a

tag, other than a Dream Tag issued pursuant to NRS 502.219, or bonus point was

obtained for that category of species in a previous drawing that year unless

authorized by the Commission.

     (Added to NAC by Bd. of Wildlife Comm’rs by R229-03,

eff. 3-23-2004; A by R156-05, 2-23-2006; A by Dep’t of Wildlife by R110-11, 3-9-2012;

A by Bd. of Wildlife Comm’rs by R091-13, 12-23-2013)

      NAC 502.418  Rejection of application. (NRS 501.105, 501.181, 501.337, 502.160, 502.175)

     1.  The Department shall reject an

application to obtain a tag or bonus point if any of the following occurs:

     (a) The applicant fails to specify his or her name,

date of birth, city or state on the application, unless that information exists

in the computer file of the Department, in which case the application must not

be rejected if the applicant has specified his or her name and client number.

     (b) The applicant fails to specify or incorrectly

specifies on the application the number of his or her hunting license and the

year the license was issued, unless that information exists in the computer

file of the Department, in which case the application must not be rejected for

that reason.

     (c) The applicant fails to specify his or her

social security number on the application for a hunting license if:

          (1) The application for a hunting license is

included with the application for a tag or bonus point; and

          (2) The Social Security Administration has

issued a social security number to the applicant.

     (d) An applicant who is at least 12 years of age

but not more than 17 years of age fails to obtain the signature of his or her

parent or legal guardian on the application for a hunting license.

     (e) The applicant fails to specify on the

application the species or the category of the species for which the

application was submitted and, if the application is for a tag, a valid hunter

choice number for that type of hunt. If the applicant specifies valid and

invalid numbers, the Department shall accept the application for the valid

numbers only.

     (f) The applicant fails to complete the application

in a legible manner.

     (g) The applicant fails to sign the application.

     (h) The applicant fails to submit the fees required

pursuant to NAC 502.4175 or his or her bank fails

to honor the check or draft for those fees.

     (i) The applicant fails to comply with the

provisions of NAC 502.405, unless, on or before the

deadline set forth in that section for the year in which the application is

submitted, he or she pays the applicable administrative fine and submits the

properly completed questionnaire issued as part of the tag or the information

required by the questionnaire.

     (j) Except as otherwise provided in NAC 502.4183, the applicant submits more than one

application to hunt for the same species or category of species of wildlife

during the same year, unless such an application is specifically authorized by

the Commission. If such an application is not specifically authorized by the

Commission, all applications submitted by the applicant to hunt for the same

species must be rejected.

     (k) Except as otherwise provided in NAC 502.4183 and 502.41895,

the application is received after the deadline set by the Commission or by the

Director pursuant to NAC 502.4196.

     (l) The applicant fails to comply with the

provisions of NRS 502.330.

     (m) The applicant provides false information on the

application.

     (n) The applicant is otherwise ineligible to apply

for the tag or bonus point.

     2.  Except as otherwise provided in NAC 502.419, 502.4195 and

502.4197, if an application is rejected by the

Department pursuant to this section:

     (a) The application must not be included in the

procedure for awarding tags;

     (b) The applicant must not be awarded a bonus point

for the bonus point program for the species or the category of the species for

which the application was submitted; and

     (c) The nonrefundable application fee for acting

upon each application for a tag or bonus point and, if the application is for a

tag, the fee required pursuant to NRS

502.253 for the support of programs to control predators and protect

wildlife habitat must be retained by the Department.

     3.  If the Department rejects an application

pursuant to paragraph (h) of subsection 1 because the applicant failed to

submit the fees required pursuant to NAC 502.4175

or the applicant’s bank failed to honor the check or draft for the fees

specified in that paragraph, the applicant is ineligible to receive or exercise

any privilege conferred upon him or her pursuant to title 45 of NRS until the

Department receives:

     (a) The nonrefundable application fee for acting

upon the application;

     (b) The fee required pursuant to NRS 502.253 for the support of

programs to control predators and protect wildlife habitat; and

     (c) The fee for the returned check or draft

specified in NAC 502.119, if the bank failed to

honor the check or draft for the fees.

     4.  The Department shall indicate that the

applicant owes a fee in the file of the applicant maintained by the Department

until the applicant pays all fees owed to the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91;

A 4-14-92; 10-26-93; 10-12-94; 3-19-96; 5-7-96; 11-14-97; 11-14-97; R139-98, 11-13-98;

R168-99, 1-19-2000; R133-01, 12-17-2001, eff. 1-1-2002; R024-03, 10-30-2003;

R137-03, 1-20-2004; R229-03, 3-23-2004; R156-05, 2-23-2006; R117-07, 12-4-2007;

R155-09, 4-20-2010; R051-11, 3-9-2012)

      NAC 502.4183  Withdrawal of application; electronic submission of new

application. (NRS 501.105, 501.181, 502.160)

     1.  An application for a tag, permit or bonus

point for a species or category of species may be withdrawn after it is

received by the Department:

     (a) Electronically, if the application was submitted

electronically; or

     (b) By submitting a written request to the

Department which includes the applicant’s client number if the request is

received by the Department on or before the Friday next preceding the draw.

     2.  If an application is submitted electronically

and is withdrawn before the deadline for the draw, the applicant may submit a

new application for a tag, permit or bonus point for the same species or

category of species in that draw on or before the deadline for the draw.

     3.  If an application is submitted

electronically and is withdrawn after the deadline for the draw, the applicant

may submit a new application for a bonus point for the same species or category

of species within 7 days after the deadline for the draw.

     4.  The Department shall not consider a

withdrawn application in the procedure for awarding tags or bonus points.

     (Added to NAC by Bd. of Wildlife Comm’rs by R155-09,

eff. 4-20-2010)

      NAC 502.4185  Applications for certain tags by group of persons. (NRS 501.105,

501.181, 502.160)

     1.  Residents and nonresidents may apply for

tags as one party if they:

     (a) Submit individual applications to obtain tags;

     (b) Indicate the desire to hunt as a party on their

applications; and

     (c) Select the corresponding valid hunter choice

numbers for a species or category of species.

     2.  If the Department is required, pursuant

to NAC 502.418, to reject an application submitted

by one member of a party, the Department is not required to reject the

applications of the remaining members unless the ground for rejecting the one

application also applies to the other applications.

     3.  Except as otherwise provided in this

subsection, if any member of a party specifies on his or her application a type

of hunt different from that specified by any other member of that party, the

applications of each member of that party will be considered solely with

respect to the type of hunt and residency for which the Department will issue

the most tags in the drawing for which the application is submitted. If any

member of a party specifies a junior hunt on his or her application, the

applications of each member of that party will be considered solely with

respect to the type of hunt, other than a junior hunt, for which the Department

will issue the most tags in the drawing for which the application is submitted.

     4.  Except as otherwise provided in NAC 502.4195, the Department shall not exceed its

quotas for the respective resident and nonresident units of a season when

issuing tags to a party.

     5.  As used in this section, “party” means

two or more persons applying together as a group to obtain tags for a season to

hunt any deer, antlerless elk or antelope with horns shorter than its ears.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91;

A 10-26-93; R168-99, 1-19-2000; R137-03, 1-20-2004; R160-12, 12-20-2012)

      NAC 502.4187  Bonus points: Award and accumulation; effect of refund. (NRS 501.105,

501.181, 502.160, 502.175)

     1.  Except as otherwise provided in NAC 502.416 to 502.4225,

inclusive, an applicant to obtain a tag for a season who is unsuccessful, or an

applicant for a bonus point who does not wish to obtain a tag and is applying

for the sole purpose of earning a bonus point, must be awarded a bonus point

for:

     (a) The hunt number of the species for which the

applicant applied if he or she applied for a:

          (1) Tag to hunt wild turkey; or

          (2) Bonus point for a tag described in

subparagraph (1); or

     (b) The category of the species for which he or she

applied if he or she applied for a tag to hunt deer, elk, mountain goat,

antelope, black bear or bighorn sheep, or for a bonus point for such a tag.

Ê Regardless of

the number of applications to obtain a tag or bonus point for a season

submitted by a person, the Department shall not award the person more than one

bonus point per season for each species or category of a species for which the

person applied.

     2.  Except as otherwise provided in

subsection 3, the bonus points awarded to a person accumulate until the person

is successful in drawing a tag for a season for that species or category of a

species or the person fails to apply for a season for 2 consecutive calendar

years during which that type of hunt for a season is open. If an applicant is

successful in drawing a tag for a season for a species or category of a species

or fails to apply for a season for 2 consecutive calendar years during which

that type of hunt for a season is open, the applicant loses all of his or her

bonus points for that species or category of a species.

     3.  Except as otherwise provided in NAC 502.4189, a person may not use any bonus points

awarded to the person for being unsuccessful in a junior hunt to apply for a

drawing for a tag for any other type of hunt after the person is no longer

eligible to participate in a junior hunt.

     4.  If an applicant requests and receives a

refund for the value of his or her hunting license, the Department shall not

award the applicant a bonus point for any species or category of species

applied for during the period that the applicant possessed the hunting license.

     5.  The Department shall not award bonus

points for depredation hunts or management hunts.

     6.  As used in this section, “management

hunt” means a hunt established to seek the harvest of additional wildlife

within a population.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-26-93;

A by R168-99, 1-19-2000; R010-00, 4-3-2000; R137-03, 1-20-2004; R229-03, 3-23-2004;

R126-06, 9-18-2006; R115-07, 12-4-2007; R002-11, 10-26-2011; R091-13, 12-23-2013)

      NAC 502.4188  Bonus points: Categories of species. (NRS 501.105,

501.181, 502.160, 502.175)

     1.  Except as otherwise provided in

subsection 2, any bonus points awarded by the Department pursuant to the bonus

point program must be awarded in one of the following categories of species,

subspecies and gender:

     (a) Antlered mule deer;

     (b) Antlerless mule deer;

     (c) Mule deer, either antlered or antlerless;

     (d) Antlered Rocky Mountain elk;

     (e) Antlerless Rocky Mountain elk;

     (f) Rocky Mountain elk, either antlered or

antlerless;

     (g) Spike Rocky Mountain elk;

     (h) Pronghorn antelope whose horns are longer than

their ears;

     (i) Pronghorn antelope whose horns are shorter than

their ears;

     (j) Rams, from one of the following subspecies:

          (1) Nelson bighorn sheep;

          (2) California bighorn sheep; or

          (3) Rocky Mountain bighorn sheep;

     (k) Ewes, from one of the following subspecies:

          (1) Nelson bighorn sheep;

          (2) California bighorn sheep; or

          (3) Rocky Mountain bighorn sheep;

     (l) Mountain goats; or

     (m) Black bears.

     2.  Bonus points awarded by the Department pursuant

to the bonus point program for wild turkey hunts must be awarded by hunt

number.

     (Added to NAC by Bd. of Wildlife Comm’rs by R168-99,

eff. 1-19-2000; A by R180-01, 4-3-2002; R126-06, 9-18-2006; R002-11, 10-26-2011;

R091-13, 12-23-2013)

REVISER’S NOTE.

      The regulation of the Board of Wildlife Commissioners

filed with the Secretary of State on January 19, 2000 (LCB File No. R168-99),

the source of NAC 502.4188 (section 6 of the

regulation), contains the following provisions not included in NAC:

      “Sec. 42.  1.  Except as

otherwise provided in this section, the Division of Wildlife [now the

Department of Wildlife] shall convert any bonus points that a person has

accumulated pursuant to the bonus point program before the effective date of

this regulation [January 19, 2000] into bonus points for a category of a

species set forth in section 6 of this regulation [NAC

502.4188] by separating the bonus points accumulated into bonus points for

a particular category of a species except that the maximum number of bonus

points converted into a particular category of a species must not exceed the

number of years that the bonus point program has been in existence.

      2.  The Division of Wildlife [now the

Department of Wildlife] shall not convert any bonus points that a person has

accumulated before the effective date of this regulation [January 19, 2000] for

wild turkey, swan and depredation hunts for special seasons.”

 

      NAC 502.4189  Bonus points: Use; transfer; applications by group for certain

tags. (NRS 501.105, 501.181, 502.160, 502.175)

     1.  Each applicant in a drawing for a tag for

a season receives a number of additional draw numbers that is equal to the number

of bonus points that he or she has accumulated squared, as expressed in the

following equation:

 

n=b2

 

where “n” is the number of additional draw numbers and “b” is

the number of bonus points. The number of additional draw numbers determines

the number of draw numbers for the species or category of the species for which

the application was submitted. The applicant’s lowest randomly assigned draw

number is the number used for the drawing.

     2.  Except as otherwise provided in

subsection 5, bonus points accumulated by a person for a species or category of

species cannot be transferred to any other person or any other species or

category of species.

     3.  An applicant may transfer bonus points to

himself or herself as a resident or nonresident of this State, as appropriate,

if:

     (a) The applicant changes his or her state of

residence;

     (b) The applicant requests in writing that the

Department transfer those bonus points; and

     (c) The Department approves the request for the

transfer.

Ê Bonus points

transferred pursuant to this subsection apply to the same species or category

of species to which they applied before the transfer.

     4.  The number of bonus points applicable to

applications submitted by a group pursuant to NAC

502.4185 for tags is the quotient of the total number of points held by the

members of the group divided by the number of members in the group, rounded to

the nearest whole number.

     5.  If a person has applied for a junior hunt

for deer for 5 years or becomes ineligible to participate in a junior hunt for

deer because of his or her age, each unused bonus point accumulated by that

person for a junior hunt for deer automatically transfers to the category for

antlered mule deer. The provisions of this subsection do not apply to a bonus

point accumulated by the person for a junior hunt for deer in a year in which

the person also accumulated a bonus point in the category for antlered mule deer.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-26-93;

A by R040-98, 5-27-98; R139-98, 11-13-98; R168-99, 1-19-2000; R010-00, 4-3-2000;

R137-03, 1-20-2004; R115-07, 12-4-2007; R150-09, 6-30-2010; R160-12, 12-20-2012)

REVISER’S NOTE.

      The regulation of the Board of Wildlife Commissioners

filed with the Secretary of State on June 30, 2010 (LCB File No. R150-09),

which amended this section, contains the following provisions not included in

NAC:

      “If a person who is ineligible to participate in a

junior hunt because of his or her age or the number of years for which the

person has applied for a junior hunt becomes eligible to participate in a

junior hunt pursuant to the amendatory provisions of this regulation, the

Department of Wildlife shall:

      1.  Reinstate to the category for the

junior hunt each unused bonus point accumulated by that person and

automatically transferred pursuant to subsection 4 of NAC

502.4189 before June 30, 2010;

      2.  Reduce the number of bonus points in

the category for antlered mule deer by the number of bonus points transferred

pursuant to subsection 1; and

      3.  Retain in the category for antlered

mule deer each bonus point which was earned by the person before June 30, 2010,

for each unsuccessful application for the issuance of a tag to hunt mule deer.”

 

      NAC 502.41895  Bonus points: Electronic submission of application under certain

circumstances. (NRS 501.105, 501.181, 502.160)  An eligible applicant who

has submitted an application for a tag, permit or bonus point for a species or

category of species and who withdraws the application pursuant to subsection 1

of NAC 502.4183 or who fails to submit an

application for a species or category of species may, within 7 days after the

deadline for the draw, electronically submit an application for a bonus point

for that species or category of species.

     (Added to NAC by Bd. of Wildlife Comm’rs by R155-09,

eff. 4-20-2010)

      NAC 502.419  Third-party errors. (NRS 501.105, 501.181, 502.160)

     1.  The Department is not responsible for

third-party errors, including those of a bank or postal service. If an

applicant to obtain a tag proves to the satisfaction of the Department that the

rejection of his or her application was due solely to a third-party error, and

there is sufficient time to complete the processing of the application before

the drawing for which the application was submitted, the Department shall

include the application in the procedure for awarding tags.

     2.  If the application of an applicant who is

entitled to participate in a bonus point program is not entered into that

drawing solely because of a third-party error, and the applicant fails to

obtain a tag to participate in a hunt during the year the application was

submitted, the applicant is entitled to a bonus point for the species or the

category of the species for which the application was submitted.

     3.  As used in this section, “third-party

error” means the failure to act or commission of an act, by a person or entity

other than the Department or an applicant to obtain a tag, which provides a

ground for rejecting an application pursuant to NAC

502.418.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91;

A 10-26-93; 10-12-94; R168-99, 1-19-2000)

      NAC 502.4195  Error by Department. (NRS 501.105, 501.181, 502.160)

     1.  If the Department commits an error which

results in the rejection or incorrect processing of an application to obtain a

tag that has been submitted in compliance with the regulations of the

Commission, the Department shall, until the close of the season, issue the

remaining tags applied for and then, if there are no further tags available,

the Department may exceed its quota for the type of hunt to which the

application pertains.

     2.  The Department shall issue a tag for a

season to an applicant who, because the applicant was assigned a low draw

number, would have been awarded a tag in the drawing to which his or her

application pertains if not for the error of the Department specified in

subsection 1.

     3.  If the Department confirms an error on a

rejected or incorrectly processed application for a tag after the close of all

the seasons, the Department shall award that applicant a bonus point for the

species or the category of the species for which the application was submitted.

The bonus point is not effective until the next drawing for that hunt. The

Department must receive notification of the error before the expiration of the

period for submission of applications for the same hunt in the next open

season. If the application was one of two or more applications submitted by a

group of persons applying as a party for deer tags, the Department shall treat

the applicant the same as the remaining members of his or her party.

     4.  If the Department confirms an error on a

rejected or incorrectly processed application for a bonus point after the close

of all the seasons, the Department shall award that applicant a bonus point for

the species or the category of species for which the application was submitted.

The bonus point is not effective until the next drawing for that hunt. The

Department must receive notification of the error before the expiration of the

period for submission of applications for the same hunt in the next open

season.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91;

A 4-14-92; 10-26-93; 10-12-94; R168-99, 1-19-2000; R137-03, 1-20-2004; R229-03,

3-23-2004)

      NAC 502.4196  Computer contaminant, power outage, interruption of Internet

service, malfunctioning of computer application or database of Department’s

Internet website or other similar event. (NRS 501.105, 501.181, 501.337, 502.160, 502.175)

     1.  Except as otherwise provided in NAC 502.419 and 502.4195,

if the Department experiences a computer contaminant, power outage,

interruption of Internet service, malfunctioning of a computer application or

database of the Internet website of the Department or other similar event that

prevents the receipt by the Department of an application submitted

electronically for a tag for a species or category of species during the period

established by the Commission for applying for the tag, the Director may extend

that period by not more than 5 days or, with the approval of the Commission, by

more than 5 days.

     2.  If the Director extends the period for

applying for a tag pursuant to subsection 1, the Director may also extend the

period for applying for a bonus point for the tag for that species or category

of species by an equal number of days.

     3.  As used in this section, “computer

contaminant” has the meaning ascribed to it in NRS 205.4737.

     (Added to NAC by Bd. of Wildlife Comm’rs by R051-11,

eff. 3-9-2012)

      NAC 502.4197  Correctable errors. (NRS 501.105, 501.181, 502.160)

     1.  The Department shall allow an applicant

to correct a correctable error in an application for a tag for the main draw

if:

     (a) The Department receives the application and

enters the information on the application into the computer;

     (b) The application contains an error that causes

the computer to send to the applicant a letter of rejection and blank

correction document; and

     (c) The Department receives the completed

correction document on or before the deadline set forth in the correction

document.

     2.  If the Department receives the completed

correction document on or before the deadline set forth in the correction

document, the Department shall:

     (a) Use the information contained in the correction

document to update the applicant’s file on the computer; and

     (b) Consider the applicant in the procedure for

awarding a tag.

     3.  The Department shall not consider an

applicant in the procedure for awarding a tag if:

     (a) The applicant submits a correction document

that does not contain information sufficient to correct every error in the

application; or

     (b) The correction document is not received by the

Department on or before the deadline set forth in the correction document.

     4.  As used in this section:

     (a) “Correctable error” means:

          (1) An incorrect or missing date of birth;

          (2) An incorrect, invalid or missing number of

a hunting license;

          (3) An incorrect, invalid or missing hunter

choice number;

          (4) Failure to specify the species or the

category of the species for which the application was submitted;

          (5) Failure of the applicant to specify his or

her social security number on the application for a hunting license if:

               (I) The application is included with his

or her application for a tag or bonus point; and

               (II) The Social Security Administration

has issued a social security number to the applicant;

          (6) Failure to include the proper fee;

          (7) Failure of the applicant to sign the

application;

          (8) If the applicant is less than 18 years of

age, failure of his or her parent or legal guardian to sign the application; or

          (9) Failure to complete a course in the

responsibilities of hunters as required pursuant to NRS 502.330.

     (b) “Main draw” means the draw pursuant to which

the greatest number of big game tags are issued to residents and nonresidents.

     (Added to NAC by Bd. of Wildlife Comm’rs by R139-98,

eff. 11-13-98; A by R168-99, 1-19-2000; R133-01, 12-17-2001, eff. 1-1-2002;

R106-02, 1-21-2003; R137-03, 1-20-2004; R229-03, 3-23-2004)

      NAC 502.4205  Computerized system of drawing; bonus point program. (NRS 501.105,

501.181, 502.160, 502.175)

     1.  Except for damage compensation tags

issued pursuant to NAC 502.424 to 502.4268, inclusive, special incentive elk tags

issued pursuant to NAC 502.42253 to 502.42283, inclusive, and emergency depredation hunt

tags, the Department shall award a tag for a season through a random order of

selection conducted pursuant to a computerized system of drawing. The selection

must begin with a number established by the hours, minutes, seconds and

hundredths of a second set forth on the clock of the computer immediately

before commencing the drawing.

     2.  Each drawing to award tags for a season

is subject to the bonus point program for eligible applicants. The applicant

has the burden of proving his or her eligibility to participate in the bonus

point program if the records of the Department fail to confirm that

eligibility.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91;

A 10-26-93; 10-12-94; 11-14-97; R168-99, 1-19-2000; R106-02, 1-21-2003; R137-03,

1-20-2004)

      NAC 502.4208  Posting results of computerized drawings. (NRS 501.105,

501.181, 502.160, 502.175)

     1.  The Department shall post, on an Internet

website that is operated or administered by or on behalf of the Department, the

results of a computerized drawing for tags or permits not later than 48 hours

after the completion of the drawing.

     2.  For the purpose of calculating the

48-hour period pursuant to subsection 1, each drawing shall be deemed to have

been completed at 5 p.m. on the day of the drawing.

     (Added to NAC by Bd. of Wildlife Comm’rs by R040-09,

eff. 10-27-2009)

      NAC 502.421  Alternate list; procedure to refill quota. (NRS 501.105,

501.181, 502.160, 502.175, 502.219)

     1.  The Department shall cause the computer

to generate an alternate list for tags after the drawing for a hunt is

completed. An alternate list must consist solely of each applicant who

indicated on his or her electronic application for a tag pursuant to NAC 502.4175 a desire to be placed on the list. Even

if the first person selected for an alternate list has the same drawing number

as the last person selected to receive a tag in the drawing, the Department

shall accept those selections as final.

     2.  If the return of tags pursuant to NAC 502.422 or 502.42695

reduces the number of tags awarded for an area and season to less than the

quota for that area and season, the Department shall refill the quota by

awarding tags:

     (a) First, pursuant to NAC

502.4195, from applications rejected because of an error by the Department;

and

     (b) Then from the alternate list, unless there are

fewer than 14 business days remaining until the opening day for that season.

     3.  Except as otherwise provided in

subsection 4, in awarding tags from an alternate list for a hunt, the

Department shall issue the tag to the eligible applicant appearing on the list

who:

     (a) Has the drawing number with the highest

priority; and

     (b) Indicated as the applicant’s first choice the

area and season for which the quota is being filled.

     4.  If the Department is unable to collect

any fee that is required to be submitted with an application for a hunting

license or tag because the method of payment is rejected during the processing

of the fee for the license or tag, the Department shall, if more than 14

business days remain until the opening day for the hunt, select an eligible

applicant from the alternate list for the hunt and season who:

     (a) Has the drawing number with the highest

priority; and

     (b) Has indicated as his or her first choice the

area and season for which the quota is being filled.

     5.  Eligible applicants will be displayed on

the alternate list as individual persons even though they applied for tags as a

party in the draw. The order in which such persons are displayed on the

alternate list is random and final.

     6.  The Department shall maintain a record of

each applicant selected from an alternate list pursuant to this section.

     7.  As used in this section, “drawing number”

means a number assigned by the computer to an application to denote the

priority it will receive in a drawing.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91;

A 10-12-94; R133-01, 12-17-2001, eff. 1-1-2002; R137-03, 1-20-2004; R156-05, 2-23-2006;

A by Dep’t of Wildlife by R110-11, 3-9-2012; A by Bd. of Wildlife Comm’rs by

R159-12, 12-20-2012)

      NAC 502.4215  Application for tags remaining after issuance of tags by

computerized system and alternate list. (NRS 501.105, 501.181, 502.160)  After tags have been

issued for a season by using the computerized system of drawing and alternate

list, the Department shall provide all eligible hunters with an opportunity to

apply for any remaining tags by mail or electronically. The Department shall

act upon applications for those tags in the order received. An applicant who is

unsuccessful in obtaining a tag pursuant to this section must not be awarded a

bonus point for use in any subsequent drawing to award tags.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91;

A 10-26-93; R137-03, 1-20-2004)

      NAC 502.422  Cancellation of tag issued in error; return of tag; provision of

refund. (NRS 501.105, 501.181, 502.160, 502.219, 502.250)

     1.  The Department may cancel a tag and

provide a refund if the Department issues the tag in error.

     2.  The Department shall provide a refund if

the holder of a tag:

     (a) Or a person to whom the holder is related within

the third degree of consanguinity or affinity dies, as verified by a

certificate of death;

     (b) Or a person to whom the holder is related

within the third degree of consanguinity or affinity incurs a disability, as

verified in writing by a physician, which prevents him or her from hunting

during the season for which the tag was issued;

     (c) Is serving in the Armed Forces of the United

States and is transferred, as verified by a copy of his or her orders or other

proof satisfactory to the Department, to a location which makes it

impracticable for the holder to hunt in the area for which the tag was issued;

or

     (d) Is a recipient of a Dream Tag issued pursuant

to NRS 502.219 and returns the

drawn tag to the Department pursuant to NAC 502.42695,

Ê and, except

as otherwise provided in NAC 502.336, his or her

tag is received by the Department at least 1 business day before the opening

day of the season for which the tag was issued. If the holder obtained his or

her hunting license with his or her tag, the hunting license may be returned

with the tag.

     3.  If a refund is provided pursuant to

subsection 1 or 2, the Department shall:

     (a) Return all the fees submitted with the

application for the tag except the fees required pursuant to NRS 502.253 and NAC 502.331; and

     (b) Except as otherwise provided in subsection 2 of

NAC 502.4225, treat the recipient of the refund,

with respect to his or her eligibility to obtain a tag and to be awarded a

bonus point, as if the tag had not been issued and the applicant was

unsuccessful.

     4.  If a tag for any subspecies of bighorn

sheep or mountain goat is returned for a reason other than the reasons set

forth in subsection 1 or 2, the Department shall:

     (a) If the tag is received not later than July 15,

return all the fees submitted with the application for the tag except the fees

required pursuant to NRS 502.253

and NAC 502.331; and

     (b) Except as otherwise provided in subsection 2 of

NAC 502.4225, treat the recipient of the refund,

with respect to his or her eligibility to obtain a tag and to be awarded a

bonus point, as if the tag had not been issued and the applicant was

unsuccessful.

     5.  If a tag for antelope, bighorn sheep,

mountain goat, bear, turkey, deer or elk is returned for a reason other than

the reasons set forth in subsection 1 or 2, and if the tag is received at least

1 business day before the opening day of the season for which the tag was

issued, the Department:

     (a) Shall, except as otherwise provided in

subsection 2 of NAC 502.4225, treat the applicant,

with respect to his or her eligibility to obtain a tag and to be awarded a

bonus point, as if the tag had not been issued and the applicant was

unsuccessful; and

     (b) Shall not return any fee paid for the tag.

     6.  Except as otherwise provided in NAC 502.421, the Department is not required to refill

a quota for the issuance of tags if the application of this section reduces the

number of tags issued to less than a quota.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91;

A 10-26-93; 10-12-94; R114-05, 10-31-2005; R156-05, 2-23-2006; R068-08, 8-26-2008;

A by Dep’t of Wildlife by R110-11, 3-9-2012; A by Bd. of Wildlife Comm’rs by

R159-12, 12-20-2012)

      NAC 502.4225  Refund of fee for hunting license. (NRS 501.105,

501.181, 502.160)

     1.  An applicant who fails to obtain a tag

may obtain a refund of the fee for his or her hunting license if the license is

not a combined hunting and fishing license and the applicant:

     (a) Purchased the license solely to apply for a

tag;

     (b) Does no hunting under the authority of the

license; and

     (c) Submits the license to the Department on or

before the last weekday of August of the year in which the license was valid.

The Department shall accept the license only if it is received on or before

that date.

     2.  If an applicant obtains a refund pursuant

to the provisions of subsection 1, the applicant will not be awarded any bonus

points as provided in NAC 502.4187.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-7-91;

A 10-12-94; R168-99, 1-19-2000; R114-05, 10-31-2005)

Special Incentive Elk Tags

      NAC 502.42253  Definitions. (NRS 501.105, 501.181, 502.142, 502.160)  As used in NAC 502.42253 to 502.42283,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 502.42256, 502.42259

and 502.42263 have the meanings ascribed to them

in those sections.

     (Added to NAC by Bd. of Wildlife Comm’rs by R057-98,

eff. 9-1-98; A by R107-02, 1-21-2003; R206-08, 10-27-2009)

      NAC 502.42256  “Actual elk use area” defined. (NRS 501.105, 501.181, 502.142, 502.160)  “Actual elk use area” has

the meaning ascribed to it in NRS

502.142.

     (Added to NAC by Bd. of Wildlife Comm’rs by R057-98,

eff. 9-1-98)

      NAC 502.42259  “Landowner applicant” defined. (NRS 501.105, 501.181, 502.142, 502.160)  “Landowner applicant”:

     1.  Means any owner, lessee or manager of

private land who supports:

     (a) The established management objective, as

defined by the Department in any applicable subplan for the management of elk

within the local area of the private land of the landowner applicant; and

     (b) Any elk in addition to the established

management objective living on the private rangeland or private native hay meadow

which are used to justify the issuance of a special incentive elk tag to the

landowner applicant.

     2.  Includes the owner, lessee or manager of

any native hay meadow, if the native hay meadow is:

     (a) Evaluated by the landowner applicant and the

Department to determine its suitability as native habitat for elk; and

     (b) Recommended for inclusion within the private

land of the landowner applicant based upon:

          (1) The desire of the landowner applicant; and

          (2) The evaluation conducted pursuant to paragraph

(a).

     (Added to NAC by Bd. of Wildlife Comm’rs by R057-98,

eff. 9-1-98; A by R206-08, 10-27-2009)

      NAC 502.42263  “Special incentive elk tag” defined. (NRS 501.105,

501.181, 502.142, 502.160)  “Special incentive elk

tag” means an elk tag that is awarded to a landowner applicant as an incentive

to support:

     1.  The established management objective, as

defined by the Department in any applicable subplan for the management of elk

within the local area of the private land of the landowner applicant; and

     2.  Any elk in addition to the established

management objective living on the private rangeland or private native hay

meadow which are used to justify the issuance of the special incentive elk tag

to the landowner applicant.

     (Added to NAC by Bd. of Wildlife Comm’rs by R057-98,

eff. 9-1-98; A by R206-08, 10-27-2009)

      NAC 502.42269  Denial of tag under certain circumstances. (NRS 501.105,

501.181, 502.142, 502.160)  The Department will not

issue a special incentive elk tag to a person who does not currently possess a

valid Nevada hunting license or who is not eligible to receive an elk tag

pursuant to NAC 502.405.

     (Added to NAC by Bd. of Wildlife Comm’rs by R057-98,

eff. 9-1-98)

      NAC 502.42273  Persons not eligible for tag. (NRS 501.105, 501.181, 502.142, 502.160)

     1.  The following persons are not eligible

for a special incentive elk tag:

     (a) A landowner applicant who, during the same

calendar year he or she applies for a special incentive elk tag, has applied

for or received compensation pursuant to NRS 504.165 for damage caused by

elk to the private land identified in the agreement for the special incentive

elk tag.

     (b) A landowner applicant whose private land blocks

reasonable access to adjacent public land and who does not agree to provide

reasonable access through his or her private land to allow a person or hunting

party possessing a valid elk tag to hunt elk on the adjacent public land.

     (c) An employee of the Department and the

employee’s spouse or children if the employee processes the request and awards

the special incentive elk tag to himself or herself or to his or her spouse or

children.

     2.  If a landowner applicant:

     (a) Fails to comply with any provision that is

included in the agreement made pursuant to NAC

502.42276; or

     (b) During the term of the agreement, prohibits or attempts

to prohibit any hunter or hunting party holding a valid elk tag from entering

or crossing the private land of the landowner applicant,

Ê the

Department shall not, for 1 year after the failure or prohibition occurs, issue

a special incentive elk tag to the landowner applicant.

     (Added to NAC by Bd. of Wildlife Comm’rs by R057-98,

eff. 9-1-98; A by R206-08, 10-27-2009)

      NAC 502.42276  Provisions of agreement between landowner applicant and Director.

(NRS

501.105, 501.181, 502.142, 502.160)  The agreement made between

a landowner applicant and the Director of the Department for a special

incentive elk tag must provide that:

     1.  The landowner applicant shall:

     (a) Approve a document specified by the Department

in which the landowner applicant specifies how he or she shall support:

          (1) The established management objective, as

defined by the Department in any applicable subplan for the management of elk

within the local area of the private land of the landowner applicant; and

          (2) Any elk in addition to the established

management objective living on the private rangeland or private native hay

meadow which are used to justify the issuance of a special incentive elk tag to

the landowner applicant;

     (b) If the private land of the landowner applicant

is adjacent to public land for which access is not available except through the

private land, allow access to the public land:

          (1) By a person or hunting party possessing a

valid elk tag for the purpose of hunting elk on the adjacent public land; and

          (2) At a location which is determined by the

landowner applicant and the Department; and

     (c) Allow an employee or other representative of

the Department to enter the private land, at any date and time agreed upon by

the landowner applicant and the Department, to assess elk use to determine the

number of special incentive elk tags that the Department will issue pursuant to

NAC 502.42279.

     2.  The Department will:

     (a) Determine the number of special incentive elk

tags that it will award pursuant to NAC 502.42279;

and

     (b) Assist a landowner applicant in determining the

portions of his or her land that are used by elk.

     (Added to NAC by Bd. of Wildlife Comm’rs by R057-98,

eff. 9-1-98; A by R206-08, 10-27-2009)

      NAC 502.42279  Award, issuance and use of tags; fees. (NRS 501.105,

501.181, 502.142, 502.160)

     1.  The Department will award special

incentive elk tags based on the following formula:

 



NP





x





DP





x





NT







NE





 





365





 





 





 

where:

     NP = The

number of elk using the private land of the landowner applicant.

     NE = The

total number of elk in the actual elk use area in which the private land is

located.

     DP = The

number of days the elk use the private land during the year.

     NT = The

total number of antlered elk tags that were issued during the previous year in

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

is located.

     2.  A group of landowners, lessees or

managers may apply to receive special incentive elk tags for their combined

private lands. The group may allocate the tags among the members of the group

at its discretion.

     3.  The issuance of special incentive elk

tags will not result in a reduction of the total number of antlered elk tags

issued to the public during a year below the quota for antlered elk tags

established by the Commission for 1997, which was 186 tags.

     4.  A special incentive elk tag is valid for

both sexes of elk.

     5.  A landowner applicant to whom a special

incentive elk tag is issued pursuant to this section may:

     (a) Use the tag himself or herself if the landowner

applicant holds a valid hunting license issued from this State; or

     (b) Transfer the tag to another person who holds a

valid hunting license issued from this State for any price upon which the

parties mutually agree.

     6.  The Department will charge the same fees

for a special incentive elk tag and for the processing of an application for a

special incentive elk tag that are charged for an elk tag and for the

processing of an application for an elk tag set forth in NRS 502.250.

     7.  An applicant who applies for a special

incentive elk tag must indicate on the application the hunt for which he or she

is applying. The Department will not issue a tag to the applicant for the hunt

indicated on the application unless the Commission has established a hunt in

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

is located.

     8.  The Department will indicate on each

special incentive elk tag it issues pursuant to this section the period during

which the tag is valid and the unit or units within the management area or

areas in which the private land is located for which the tag is valid.

     9.  A person possessing a valid special

incentive elk tag shall hunt only:

     (a) During the period indicated on the tag issued

pursuant to this section;

     (b) With the weapon designated for that hunt; and

     (c) In the unit or units within the management area

or areas in which the private land is located, as indicated on the tag.

     (Added to NAC by Bd. of Wildlife Comm’rs by R057-98,

eff. 9-1-98; A by R104-99, 10-27-99; R085-00, 9-25-2000)

      NAC 502.42283  Arbitration panel. (NRS 501.105, 501.181, 502.142, 502.160)

     1.  The Commission may select an arbitration

panel from the residents of the county in which an owner applicant resides to:

     (a) Decide a dispute between a landowner applicant

and the Department concerning the number of special incentive elk tags that the

Department should award; or

     (b) Determine whether a party who possesses a

special incentive elk tag has adhered to the terms of the agreement entered

into to obtain the tag.

     2.  An arbitration panel must consist of

three members to be selected as follows:

     (a) One member representing the local business

community.

     (b) One member representing persons actively

engaged in the production of agriculture. Persons engaged in the production of

agriculture shall, upon request, provide the Board of Wildlife Commissioners

with a list of prospective members.

     (c) One member representing either a local hunting

or sportsmen’s organization, or the county advisory board to manage wildlife.

The county advisory board to manage wildlife shall, upon request, provide a

list of prospective members.

     3.  A member of an arbitration panel must be

a resident of the county he or she serves.

     4.  The term of office of each member of the

panel is 2 years.

     5.  Each arbitration panel shall select a

chair from among its members.

     6.  An arbitration panel will be called to

serve at the request of the Director or his or her designee.

     7.  Each member of the arbitration panel

serves without salary, but may receive the per diem allowance and travel

expenses provided for state officers and employees generally while performing

official duties of the arbitration panel.

     8.  The arbitration panel shall:

     (a) Review the evidence submitted by a claimant and

the Department before making a determination; and

     (b) Render a decision in an expeditious manner, but

not later than 20 days after receiving notification to serve on a claim.

     9.  The decision of the arbitration panel is

final and binding on the parties if it complies with the provisions of NAC 502.42253 to 502.42283,

inclusive, and applicable laws of this State.

     (Added to NAC by Bd. of Wildlife Comm’rs by R057-98,

eff. 9-1-98)

Restricted Nonresident Deer Tags

      NAC 502.423  Definitions. (NRS 501.105, 501.181, 502.160)  As used in NAC 502.423 to 502.4239,

inclusive, unless the context otherwise requires, the words and terms defined

in NAC 502.42302 to 502.42307,

inclusive, have the meanings ascribed to them in those sections.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94;

A 11-14-97; R054-04, 8-25-2004)

      NAC 502.42302  “Department” defined. (NRS 501.105, 501.181, 502.160)  “Department” has the

meaning ascribed to it in NAC 502.416.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

      NAC 502.42303  “Federal land management agency” defined. (NRS 501.105,

501.181, 502.160)  “Federal land management

agency” means the United States Forest Service, the United States Bureau of

Land Management, the United States Fish and Wildlife Service or the National

Park Service.

     (Added to NAC by Bd. of Wildlife Comm’rs by R054-04,

eff. 8-25-2004)

      NAC 502.42305  “Restricted nonresident deer hunt” defined. (NRS 501.105,

501.181, 502.160)  “Restricted nonresident

deer hunt” has the meaning ascribed to it in NRS 502.146.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

      NAC 502.42306  “Restricted nonresident deer hunter” defined. (NRS 501.105,

501.181, 502.160)  “Restricted nonresident

deer hunter” has the meaning ascribed to it in NRS 502.146.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

      NAC 502.42307  “Restricted nonresident deer tag” defined. (NRS 501.105,

501.181, 502.160)  “Restricted nonresident

deer tag” has the meaning ascribed to it in NRS 502.146.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

      NAC 502.42309  Applicability. (NRS 501.105, 501.181, 502.160)  The provisions of NAC 502.423 to 502.4239,

inclusive, apply to the processing of applications for restricted nonresident

deer tags pursuant to NRS 502.146

to 502.149, inclusive.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

      NAC 502.4231  Application for tag; fees. (NRS 501.105, 501.181, 501.337, 502.030, 502.148, 502.160, 502.175, 502.250)

     1.  A person who wishes to obtain a

restricted nonresident deer tag must apply to the Department on a form provided

by the Department which includes spaces, boxes or lines for the applicant to:

     (a) Specify his or her name, address and date of

birth;

     (b) Select not more than five hunter choice

numbers; and

     (c) Except as otherwise provided in subsection 3, sign the application.

     2.  A person who desires to be placed on an

alternate list pursuant to NAC 502.4238 must apply

electronically to the Department to obtain a tag and must indicate on the

electronic application his or her desire to be placed on an alternate list.

     3.  If an application is submitted

electronically by a master guide for the applicant, the application must

include a space, box or line for the master guide to acknowledge the affidavit

that:

     (a) Is included in the application provided by the

Department;

     (b) Indicates that the master guide has power of

attorney to sign the application on behalf of the applicant; and

     (c) Indicates whether the master guide will be

guiding on federally administered public lands and, if so, indicates that the

master guide possesses a valid special use permit issued by the federal land

management agency having jurisdiction within the wildlife management area or

unit for which the applicant is applying.

     4.  The Commission will establish the seasons

and quotas for a restricted nonresident deer hunt, and the method for

submission and, except as otherwise provided in NAC

502.4196, the deadline for receipt of applications.

     5.  A valid hunting license issued by the

Department must be obtained by the applicant before submitting an application,

except that an applicant may apply for a hunting license at the time he or she

submits the application. Except as otherwise provided in subsection 6, the

application must be accompanied by:

     (a) The appropriate fee for the tag, as provided in

NRS 502.148;

     (b) If the applicant has not obtained a valid

hunting license issued by the Department, the fee for the hunting license, as

provided in NRS 502.240, and the

habitat conservation fee, as provided in NRS 502.242;

     (c) The fee required pursuant to NRS 502.253 for the support of

programs to control predators and protect wildlife habitat; and

     (d) The appropriate fee required pursuant to NAC 502.331, which must be applied by the Department

to the cost of processing applications, conducting drawings for tags and for

performing other related activities as directed by the Commission.

     6.  If the application is submitted

electronically, the application must be accompanied by:

     (a) The fee required pursuant to NRS 502.253 for the support of

programs to control predators and protect wildlife habitat;

     (b) Any donation the applicant wishes to make to a

program specified in paragraph (a) or any other program conducted by the

Department;

     (c) The appropriate fee required pursuant to NAC 502.331, which must be applied by the Department

to the cost of processing applications, conducting drawings for tags and for

performing other related activities as directed by the Commission;

     (d) The fee for a hunting license, as provided in NRS 502.240, if the applicant:

          (1) Has not obtained a hunting license; and

          (2) Indicates on the application that he or

she wishes to purchase the hunting license regardless of whether his or her

application is successfully drawn; and

     (e) The habitat conservation fee, as provided in NRS 502.242, if the applicant:

          (1) Has not obtained a hunting license; and

          (2) Indicates on the application that he or

she wishes to purchase the hunting license regardless of whether his or her

application is successfully drawn.

     7.  If an application for a tag specified in

subsection 6 is successfully drawn, the Department shall collect from the

applicant:

     (a) The appropriate fee for the tag as provided in NRS 502.250;

     (b) The fee for a hunting license, as provided in NRS 502.240, if the applicant:

          (1) Has not obtained a hunting license; and

          (2) Indicates on the application that he or

she wishes to purchase the hunting license only if his or her application is

successfully drawn; and

     (c) The habitat conservation fee, as provided in NRS 502.242, if the applicant:

          (1) Has not obtained a hunting license; and

          (2) Indicates on the application that he or

she wishes to purchase the hunting license only if his or her application is

successfully drawn.

     8.  All fees submitted with an application

must be paid by:

     (a) A cashier’s check;

     (b) A certified check;

     (c) A money order; or

     (d) If the application is submitted electronically,

an electronic method of payment that is specified by the Department.

     9.  The Department and its agents or

employees shall not:

     (a) Amend or otherwise alter an application to

obtain a restricted nonresident deer tag.

     (b) Issue a restricted nonresident deer tag to an

applicant who fails to submit the fees required pursuant to this section.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94;

A by R139-98, 11-13-98; R168-99, 1-19-2000; R133-01, 12-17-2001, eff. 1-1-2002;

R137-03, 1-20-2004, eff. 3-1-2004; R054-04, 8-25-2004; R155-09, 4-20-2010; R051-11,

3-9-2012; R159-12, 12-20-2012)

      NAC 502.4233  Master guide: License; special use permit. (NRS 501.105,

501.181, 502.148, 502.149)  At the time an application

for a nonresident deer tag is submitted, the master guide who will accompany

the restricted nonresident deer hunter on the restricted nonresident deer hunt

must:

     1.  Be licensed by the Department to provide

guide services related to deer hunting in the wildlife management area or unit

for which the applicant is applying; and

     2.  If applicable, possess a valid special

use permit required by the federal land management agency having jurisdiction

within the wildlife management area or unit for which the applicant is

applying.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94;

A by R054-04, 8-25-2004)

      NAC 502.4235  Rejection of application for tag. (NRS 501.105,

501.181, 501.337, 502.148, 502.160, 502.175)

     1.  The Department shall reject an

application for a restricted nonresident deer tag if:

     (a) The applicant fails to specify his or her name,

date of birth, city or state on the application, unless that information exists

in the computer file of the Department, in which case the application must not

be rejected if the applicant has specified his or her name and client number.

     (b) The applicant fails to specify or incorrectly

specifies on the application the number of his or her hunting license and the

year the license was issued, unless that information exists in the computer

file of the Department, in which case the application must not be rejected for

that reason.

     (c) The applicant fails to specify his or her

social security number on the application for a hunting license if:

          (1) The application for a hunting license is

included with the application for a tag; and

          (2) The Social Security Administration has

issued a social security number to the applicant.

     (d) An applicant who is at least 12 years of age

but not more than 17 years of age fails to obtain the signature of his or her

parent or legal guardian on the application for a hunting license.

     (e) The applicant fails to specify a valid hunter

choice number on the application. If the applicant specifies valid and invalid

numbers, the Department shall accept the application for the valid numbers

only.

     (f) The applicant fails to complete the application

in a legible manner.

     (g) The applicant or the master guide fails to sign

the application.

     (h) The applicant fails to submit the fees required

pursuant to NAC 502.4231 or his or her bank fails

to honor the check or draft for those fees.

     (i) The applicant fails to complete and return the

questionnaire required pursuant to NAC 502.4239,

unless, on or before the deadline set forth in that section for the year in

which the application is submitted, he or she pays the applicable

administrative fine and submits the properly completed questionnaire issued as

part of the tag or the information required by the questionnaire.

     (j) Except as otherwise provided in NAC 502.4183, the applicant submits more than one

application to hunt for the same species of wildlife during the same year,

unless such an application is specifically authorized by the Commission. If

such an application to hunt is not authorized, all applications to hunt for the

same species that are submitted by the applicant will be rejected.

     (k) The applicant fails to comply with the

provisions of NRS 502.330.

     (l) The master guide named in the application:

          (1) Is not licensed for each wildlife

management area or unit named in the application;

          (2) Fails to specify or incorrectly specifies

on the application the number of his or her current master guide license; or

          (3) If applicable, does not possess a valid

special use permit required by the federal land management agency having

jurisdiction within the wildlife management area or unit for which the

applicant is applying.

     (m) The applicant or master guide provides any

false information on the application.

     (n) The applicant and the master guide named in the

application are the same person.

     (o) The applicant holds a license as a subguide

issued by the Department which authorizes the applicant to guide for deer in

the wildlife management area or unit for which he or she is applying for a

restricted nonresident deer tag.

     (p) The applicant is otherwise ineligible to apply

for the tag.

     (q) Except as otherwise provided in NAC 502.4183 and 502.41895,

the application is received after the deadline set by the Commission or by the

Director pursuant to NAC 502.4196.

     2.  Except as otherwise provided in NAC 502.42375 and 502.42377,

if an application is rejected by the Department pursuant to this section, the

application must not be included in the procedure for awarding tags.

     3.  If the Department rejects an application

pursuant to paragraph (h) of subsection 1 because the applicant’s bank failed

to honor the check or draft for the fees specified in that paragraph, the

applicant is ineligible to receive or exercise any privilege conferred upon him

or her pursuant to title 45 of NRS until the Department receives:

     (a) The nonrefundable application fee for acting

upon the application;

     (b) The fee required pursuant to NRS 502.253 for the support of

programs to control predators and protect wildlife habitat; and

     (c) The fee for the returned check or draft

specified in NAC 502.119. The Department shall,

until the fee is paid, indicate that the applicant owes the fee in the file of

the applicant maintained by the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94;

A 1-19-96; 5-7-96; 3-13-97; 11-14-97; R139-98, 11-13-98; R168-99, 1-19-2000;

R133-01, 12-17-2001, eff. 1-1-2002; R025-03, 10-30-2003; R137-03, 1-20-2004;

R054-04, 8-25-2004; R117-07, 12-4-2007; R155-09, 4-20-2010; R051-11, 3-9-2012)

      NAC 502.4236  Members of party: Effect of rejection of application of one

member. (NRS 501.105, 501.181, 502.148, 502.160)

     1.  If the Department is required pursuant to

NAC 502.4235 to reject an application submitted by

a member of a party, the Department is not required to reject the applications

of the other members of the party unless the ground for rejecting that

application also applies to the other applications.

     2.  As used in this section, “party” means

two or more persons who apply as a group for tags for a restricted nonresident

deer hunt.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

      NAC 502.4237  Drawing for tags: Notification; restrictions. (NRS 501.105,

501.181, 502.147, 502.160)

     1.  If the Department conducts a drawing for

the issuance of nonresident deer tags pursuant to the provisions of NRS 502.147, the Department shall

provide to the master guides specified on the applications submitted

notification by mail of the date, time and location of the drawing.

     2.  Not more than 30 successfully drawn

applications for restricted nonresident deer tags upon which the same master

guide is named may be granted by the Department. If 30 such applications have

been approved by the Department, the Department shall deny all applications

submitted which exceed that number.

     3.  An applicant who submits an application

pursuant to this subsection may not apply for a nonresident deer tag in the

main draw in the same year.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94;

A 1-19-96; R137-03, 1-20-2004; R156-05, 2-23-2006, eff. 1-1-2007)

      NAC 502.42371  Computerized system of drawing; bonus point program. (NRS 501.105,

501.181, 502.147, 502.160)

     1.  The Department shall award restricted

nonresident deer tags through a random order of selection conducted pursuant to

a computerized system of drawing. The selection must begin with a number

established by the hours, minutes, seconds and hundredths of a second set forth

on the computer’s clock immediately before commencing the drawing.

     2.  Each drawing to award restricted

nonresident deer tags is subject to the bonus point program for eligible

applicants. The applicant has the burden of proving his or her eligibility to

participate in the bonus point program if the records of the Department fail to

confirm his or her eligibility.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

      NAC 502.42372  Bonus points: Award and accumulation. (NRS 501.105,

501.181, 502.147, 502.160)

     1.  Except as otherwise provided in NAC 502.423 to 502.4239,

inclusive, an applicant for a tag for a restricted nonresident deer hunt who is

unsuccessful must be awarded a bonus point for the category of the species for

which the application was submitted.

     2.  The bonus points awarded to a person for

a restricted nonresident deer hunt accumulate until he or she draws a restricted

nonresident deer tag or any other nonresident deer tag for the same category of

a species or fails to apply for such a tag for 2 consecutive calendar years

during which a nonresident deer hunt for that category of the species is open.

If an applicant is successful in drawing a tag for a restricted nonresident

deer hunt or any other nonresident deer tag for that category of the species or

fails to apply for such a tag for 2 consecutive calendar years during which a

nonresident deer hunt for that category of the species is open, the applicant

loses all of the bonus points he or she accumulated for that category of the

species.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97;

A by R168-99, 1-19-2000; R010-00, 4-3-2000)

      NAC 502.42373  Bonus points: Use; nontransferability; application by group of

persons. (NRS 501.105, 501.181, 502.147, 502.160)

     1.  For seasons for deer, each applicant in a

drawing for a restricted nonresident deer tag receives a number of additional

draw numbers equal to the number of bonus points that he or she has accumulated

squared, as expressed in the following equation:

 

n=b2

 

where “n” is the number of additional draw numbers and “b” is

the number of bonus points. The number of additional draw numbers determines the

number of draw numbers for that season for deer. The applicant’s lowest

randomly assigned draw number is the number used for the drawing.

     2.  The bonus points accumulated by a person

for a restricted nonresident deer hunt may not be transferred to any other

person or applied to any other season.

     3.  The number of bonus points applicable to

an application submitted by a group of persons applying as a party for

restricted nonresident deer tags is the quotient of the total number of points

held by the members of the group divided by the number of members in the group,

rounded to the nearest whole number.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97;

A by R040-98, 5-27-98; R137-03, 1-20-2004)

      NAC 502.42375  Third-party errors. (NRS 501.105, 501.181, 502.147, 502.148, 502.160)

     1.  The Department is not responsible for

third-party errors, including errors committed by a bank or postal service. If

an applicant for a restricted nonresident deer tag proves to the satisfaction

of the Department that the rejection of his or her application was due solely

to a third-party error, and there is sufficient time to complete the processing

of the application before the drawing for the tags is held, the Department

shall include the application in that drawing.

     2.  If the application of an applicant who is

entitled to participate in a bonus point program is not entered into that

drawing solely because of a third-party error, and the applicant fails to

obtain a restricted nonresident deer tag to participate in a hunt during the

year the application was submitted, the applicant is entitled to a bonus point

for that hunt.

     3.  As used in this section, “third-party

error” means the failure to act or commission of an act, by a person or entity

other than the Department or an applicant which is a ground for the rejection

of an application pursuant to NAC 502.4235.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97)

      NAC 502.42377  Error by Department. (NRS 501.105, 501.181, 502.147, 502.148, 502.160)

     1.  If the Department commits an error which

results in the rejection or incorrect processing of an application for a

restricted nonresident deer tag that has been submitted in compliance with the

regulations of the Commission, the Department shall, if there are tags

available for that hunt, issue a tag to the applicant. If no tags are available

for that hunt, the Department shall award the applicant a bonus point for the

category of the species for which the application was submitted. The bonus

point is not effective until the next drawing for a nonresident deer hunt for

that category of the species and expires upon the expiration of the period for

submission of applications for that type of hunt in the next open season.

     2.  If the application was one of two or more

applications submitted by a group of persons applying as a party for restricted

nonresident deer tags, the Department shall treat the applicant in the same

manner as the remaining members of his or her party.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-14-97;

A by R168-99, 1-19-2000)

      NAC 502.4238  Cancellation of tag; refunds; loss of master guide; generation of

alternate list; procedure to refill quota. (NRS 501.105, 501.181, 502.148, 502.149, 502.160, 502.250)

     1.  The Department may cancel a restricted

nonresident deer tag and provide a refund if the Department issues the tag in

error.

     2.  The Department shall provide a refund if

the holder of a restricted nonresident deer tag:

     (a) Or a person to whom the holder is related

within the third degree of consanguinity or affinity dies, as verified by a

certificate of death;

     (b) Or a person to whom the holder is related

within the third degree of consanguinity or affinity incurs a disability, as

verified in writing by a physician, which prevents him or her from hunting

during the season for which the tag was issued; or

     (c) Is serving in the Armed Forces of the United

States and is transferred, as verified by a copy of his or her orders or other

proof satisfactory to the Department, to a location which makes it

impracticable for him or her to hunt in the area for which the tag was issued,

Ê and the tag

is received by the Department at least 1 business day before the opening day of

the season for which the tag was issued. If the holder obtained his or her

hunting license with the tag, the hunting license must be returned with the

tag. The Department shall mail the refund within 90 days after the Department receives

the tag and the hunting license, if any.

     3.  If the master guide of a holder of a

restricted nonresident deer tag dies or is no longer able to provide guide

services due to medical reasons, because he or she has failed to renew his or

her master guide license or the license has been revoked, the holder of the tag

for whom guide service was to be performed by the master guide may apply to the

Department for a refund or may retain another master guide who is licensed for

the area or unit specified on the tag. Before another master guide may render

services as a master guide for the holder of the tag, and before the holder may

participate in the restricted nonresident deer hunt for which the tag was

issued, the holder of the tag must provide written notification to the

Department that he or she has retained another master guide. The written

notification must include:

     (a) The reasons for retaining the services of

another master guide;

     (b) The signatures of the holder of the tag and the

new master guide and the date on which the written notification was signed; and

     (c) The number of the master guide license of the

newly retained master guide.

     4.  If the Department provides a refund

pursuant to this section, the Department shall return all the fees submitted

with the application for the tag except the fee required pursuant to paragraph

(c) or (d) of subsection 5 of NAC 502.4231.

     5.  If the Department provides a refund to a

holder of a restricted nonresident deer tag pursuant to paragraph (b) or (c) of

subsection 2 or subsection 3, the Department shall award a bonus point to the

holder for the category of the species to which the restricted nonresident deer

tag applied.

     6.  The Department shall cause the computer

to generate an alternate list for restricted nonresident deer tags after the

drawing for a hunt is complete. An alternate list must consist solely of each

applicant who indicated on his or her electronic application pursuant to subsection

2 of NAC 502.4231 a desire to be placed on the

list. Even if the first person selected for an alternate list has the same

drawing number as the last person selected to receive a tag in the drawing, the

Department shall accept those selections as final.

     7.  If the return of restricted nonresident

deer tags pursuant to this section or for any other reason reduces the number

of tags awarded for an area and season to less than the quota for that area and

season, the Department shall refill the quota by awarding tags:

     (a) First, pursuant to NAC

502.42377, from applications rejected because of an error by the

Department; and

     (b) Then from the alternate list, unless there are

fewer than 14 business days remaining until the opening day for the restricted

nonresident deer hunt.

     8.  Except as otherwise provided in

subsection 9, in awarding restricted nonresident deer tags from an alternate

list, the Department shall issue the tag to the eligible applicant on the list

who:

     (a) Has the drawing number with the highest

priority; and

     (b) Indicated as the applicant’s first choice the

area and season for which the quota for the restricted nonresident deer hunt is

being filled.

     9.  If the Department is unable to collect

any fee that is required to be submitted with an application for a hunting

license or restricted nonresident deer tag because the method of payment is

rejected during the processing of the fee for the license or restricted

nonresident deer tag, the Department shall, if more than 14 business days

remain until the opening day for the restricted nonresident deer hunt and if

the master guide designated on the application for the restricted nonresident

deer tag is not named on more than 30 successfully drawn applications pursuant

to NAC 502.4237, select an eligible applicant from

the alternate list for the restricted nonresident deer hunt who:

     (a) Has the drawing number with the highest

priority; and

     (b) Indicated as his or her first choice the area

and season for which the quota for the restricted nonresident deer hunt is

being filled.

     10.  The Department shall maintain a record

of each applicant selected from an alternate list pursuant to this section.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94;

A 11-14-97; R168-99, 1-19-2000; R133-01, 12-17-2001, eff. 1-1-2002; R155-09, 4-20-2010;

R159-12, 12-20-2012)

      NAC 502.4239  Questionnaire: Completion and submission to independent

contractor designated by Department; correction; denial and reinstatement of

certain privileges. (NRS 501.105, 501.119, 501.181, 502.160)

     1.  Unless otherwise provided by an annual

regulation of the Commission, the questionnaire issued as part of a restricted

nonresident deer tag must be properly completed and received by the independent

contractor designated by the Department not later than 5 p.m. on January 31, or

the next business day if January 31 falls on a weekend or state holiday,

following the close of the season for which the tag was issued.

     2.  The Department shall annually designate

and publish the name and address of an independent contractor who will receive

the questionnaire pursuant to subsection 1.

     3.  A person who fails to return the

questionnaire within the time specified or who submits incomplete or false

information on the questionnaire will be denied all big game tags for 1 year. A

person who has been denied a big game tag pursuant to this subsection may have

those privileges reinstated if he or she:

     (a) Using a postal service:

          (1) Pays to the Department an administrative

fine of $50; and

          (2) Submits to the independent contractor

designated by the Department the properly completed questionnaire issued as

part of the restricted nonresident deer tag or the information required by the

questionnaire, all of which must be received by the third Friday in March;

     (b) Together with an application that is submitted

electronically for a restricted nonresident deer tag:

          (1) Pays to the Department an administrative

fine of $50; and

          (2) Submits to the independent contractor

designated by the Department the properly completed questionnaire issued as part

of the restricted nonresident deer tag or the information required by the

questionnaire on or before the deadline for the application for the restricted

nonresident deer hunt drawing; or

     (c) Together with an application that is submitted

electronically for a big game tag in the main drawing:

          (1) Pays to the Department an administrative

fine of $50; and

          (2) Submits to the independent contractor

designated by the Department the properly completed questionnaire issued as

part of the big game tag or the information required by the questionnaire on or

before the deadline for the application for the main draw.

     4.  The Department shall allow an applicant

to correct a questionnaire if:

     (a) The independent contractor receives the

questionnaire and enters the information on the questionnaire into the

computer;

     (b) The questionnaire contains an error that causes

the computer to send to the applicant a letter of rejection and blank

correction document; and

     (c) The independent contractor receives the

completed correction document on or before the deadline set forth in the

correction document.

     5.  If the independent contractor receives

the completed correction document on or before the deadline set forth in the

correction document, the independent contractor shall use the information

contained in the correction document to update the applicant’s file on the

computer.

     6.  If the applicant submits a correction

document that does not contain information sufficient to correct every error in

the questionnaire or the correction document is not received by the independent

contractor on or before the deadline set forth in the correction document, the

questionnaire will be considered incomplete pursuant to subsection 3.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 10-12-94;

A by R025-03, 10-30-2003; R117-07, 12-4-2007)

Damage Compensation Tags

      NAC 502.424  Definitions. (NRS 501.105, 501.181, 502.145, 502.160)  As used in NAC 502.424 to 502.4268,

inclusive, unless the context otherwise requires:

     1.  “Damage” means a change, caused by deer

or antelope, in the quality or quantity of private property that, at the time

the Department inspects the private property, is planted, irrigated or

otherwise cultivated to produce a harvestable crop.

     2.  “Damage compensation tag” means a special

deer or antelope tag issued to an owner applicant for his or her own use, or

for use by a hunter designated by the owner applicant, as compensation for

damage to his or her land or to improvements on his or her land which is caused

by deer or antelope.

     3.  “Owner applicant” means:

     (a) The owner of private land, as identified in the

deed of the private land which is recorded with the county recorder of the

county in which the property is located, who claims that his or her private

land was damaged by deer or antelope; or

     (b) A person who has obtained written authorization

from the owner described in paragraph (a) to represent the owner regarding

matters concerning damage compensation tags before the Department, including,

without limitation, a lessee or manager of the private land.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92;

A 10-26-93, eff. 10-1-93; 11-29-95; R113-01, 12-17-2001; R030-06, 6-1-2006)

      NAC 502.4242  “Any holder of a valid Nevada hunting license” interpreted. (NRS 501.105,

501.181, 502.145, 502.160)  For the purposes of

subsection 4 of NRS 502.145, the

Commission will interpret “any holder of a valid Nevada hunting license” to

mean a person who currently holds a valid Nevada hunting license and who has

not had any hunting privileges limited or revoked pursuant to NRS 502.330 or 503.185, or NAC

502.405, or a similar statute or regulation of another state.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92)

      NAC 502.4244  Ineligible persons. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  The following persons are not eligible

for damage compensation tags:

     (a) An owner applicant who feeds or baits deer or

antelope to attract the animals onto his or her land; and

     (b) An owner applicant who sustains damage which is

a covered loss pursuant to a policy of insurance.

     2.  An employee of the Department and his or

her family may not purchase or use a damage compensation tag resulting from a

complaint serviced directly by the employee.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92;

A 11-29-95)

      NAC 502.4246  Requirements for eligibility; requests regarding damage to

separate locations. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  To be eligible for the issuance of a

damage compensation tag, an owner applicant must:

     (a) Have sustained damage to his or her private

property caused by deer or antelope;

     (b) In accordance with the requirements set forth

in NAC 502.4252, notify the Department of any

damage within 10 days after discovering it;

     (c) Enter into a cooperative agreement with the

Department which complies with the requirements set forth in NAC 502.4248;

     (d) Submit an application for a damage compensation

tag which includes, without limitation:

          (1) A form which sets forth any proof of the

damage claimed by the owner applicant;

          (2) A map which identifies the location on the

private land at which the owner applicant will provide access to public land,

if applicable; and

          (3) The cooperative agreement entered into

with the Department which is signed by the owner applicant and the Department;

     (e) Cooperate with the Department in inspecting the

damage and formulating a plan to prevent or mitigate the damage;

     (f) Mitigate damages where possible and not feed or

bait deer or antelope to attract the animals onto his or her land;

     (g) Comply with the requirements of NAC 502.424 to 502.4268,

inclusive.

     2.  A separate application must be made, and

a separate cooperative agreement must be entered into, for each request for one

or more damage compensation tags made with regard to each separate location on

the property of the owner applicant at which damage was sustained.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92;

A 11-29-95; R010-00, 4-3-2000; R030-06, 6-1-2006)

      NAC 502.4248  Cooperative agreement with Department. (NRS 501.105,

501.181, 502.145, 502.160)

     1.  A cooperative agreement entered into

pursuant to NAC 502.4246 must provide that:

     (a) If the owner applicant’s private land is

adjacent to public land for which access is not available except through the

private land, the owner applicant shall provide access to the public land

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

purpose of hunting on the public land. The access may be at a specified

location or locations as mutually agreed upon by the owner applicant and the

Department and must be identified on the map provided by the Department which

is required to be submitted with the application for a damage compensation tag

pursuant to subparagraph (2) of paragraph (d) of subsection 1 of NAC 502.4246.

     (b) When the Department receives a notice from the

owner applicant, the Department agrees to act expeditiously to:

          (1) Consult with the owner applicant;

          (2) Assess the cause of damage;

          (3) Conduct a count of any depredating

animals; and

          (4) Recommend a course of action to mitigate

damages.

     (c) The owner applicant agrees to:

          (1) Consult with the Department and consider

its technical advice; and

          (2) Allow a representative of the Department

to enter his or her property at times mutually agreed upon to:

               (I) Inspect the property;

               (II) Assess the cause of damage;

               (III) Count the number of any depredating

animals; and

               (IV) Prevent further damage by any method

the Department deems to be necessary, including, but not limited to, hazing,

hunting, shooting and scaring.

     2.  If the owner applicant stops or attempts

to stop any hunter holding a tag from entering or crossing his or her private

land in violation of paragraph (a) of subsection 1 before the expiration of the

agreement, the Department must refuse to issue any damage compensation tags to

the owner applicant for 1 year.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92;

A 10-26-93, eff. 10-1-93; 11-29-95; R113-01, 12-17-2001; R030-06, 6-1-2006)

      NAC 502.4252  Notice of damage; inspection of property; assessment and proof of

damage. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  A notice of damage submitted to the

Department pursuant to paragraph (b) of subsection 1 of NAC

502.4246 must include, without limitation, the following information:

     (a) The name and any contact information of the

owner applicant;

     (b) The location of the private land and any name

or other description of the private land;   

     (c) The date on which the damage was discovered;

and

     (d) A description of the damage caused to the

private land, including, without limitation, the estimated number of animals,

designated by each species of animal, that caused the damage.

     2.  Within 10 days after the Department

receives a notice of damage, the Department shall inspect the property claimed

to have been damaged.

     3.  After the inspection by the Department

pursuant to subsection 2:

     (a) The Department shall:

          (1) Consult with the owner applicant;

          (2) Assess the cause of damage; and

          (3) Conduct a count of the number of any

depredating animals during the period of the day in which each species of any

depredating animal is the most active.

     (b) The Department and the owner applicant shall

complete a form provided by the Department which sets forth any proof of

damage.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92;

A by R030-06, 6-1-2006)

      NAC 502.4258  Formulation and implementation of plan to prevent or mitigate

damage. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  After property that is claimed to have

been damaged is inspected pursuant to NAC 502.4252,

the Department and the owner applicant shall formulate a plan, if possible, to

prevent or mitigate damage caused by the deer or antelope, including, but not

limited to:

     (a) Hazing and scaring;

     (b) Erecting exclusionary devices;

     (c) Issuing special depredation or emergency

depredation hunt tags; or

     (d) Removing the animals that are causing the

damage.

     2.  Each owner applicant shall implement the

plan formulated pursuant to subsection 1, where possible, by exercising

reasonable care and diligence to minimize or lessen damage.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92;

A by R030-06, 6-1-2006)

      NAC 502.426  Issuance, validity, contents and use of tags; fees; reissuance of

application; appeal of denial of application. (NRS 501.105, 501.181, 502.145, 502.160, 502.250)

     1.  If the owner applicant enters into a

cooperative agreement with the Department and the Department approves the

application for a damage compensation tag, the owner applicant is eligible for

the issuance of one or more damage compensation tags pursuant to subsection 2.

     2.  An owner applicant is eligible for the

issuance of:

     (a) One damage compensation tag for deer for each

50 deer that caused damage to his or her property; and

     (b) One damage compensation tag for antelope for

each 50 antelope that caused damage to his or her property.

     3.  If the Department issues a damage

compensation tag, the tag is valid for use in the calendar year after the

calendar year in which the application was submitted.

     4.  The unit or units within a management

area or areas for which the Department issues a damage compensation tag must be

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

damaged property is located.

     5.  The Department shall indicate on each

damage compensation tag it issues:

     (a) The period or periods during the calendar year

for which the tag is valid, which must be limited to the hunting season or

seasons, other than a hunting season for a tag issued pursuant to subsection 5

of NRS 502.250, established by

the Commission for antlered mule deer or antelope with horns longer than their

ears, as appropriate for the species to which the tag applies, in the unit or

units within the management area or areas in which the damaged property is

located and for which the tag is valid; and

     (b) The unit or units within the management area or

areas in which the damaged property is located and for which the tag is valid.

     6.  A person possessing a valid damage

compensation tag may hunt only:

     (a) During the period or periods indicated by the

Department on the tag, as established by the Commission;

     (b) With the type of weapon designated for the type

of hunt to which each such period applies, as established by the Commission;

and

     (c) In the unit or units within the management area

or areas established by the Commission:

          (1) In which the damaged property is located;

and

          (2) For which the tag is valid.

     7.  Damage compensation tags will only be

issued to owner applicants and sold to hunters through the headquarters of the

Department.

     8.  The fee charged for a damage compensation

tag will include:

     (a) A fee of $50 for each such tag;

     (b) A license fee based on the status of the hunter

as a resident or nonresident; and

     (c) The fee specified in NAC

502.331 for acting upon each application for a tag.

     9.  If the Department provides a refund for a

cancelled tag under the conditions set forth in NAC

502.422, the Department may reissue an application for a damage

compensation tag to the owner applicant.

     10.  If the Department denies an application

for a damage compensation tag, the owner applicant may appeal the decision to

the Commission within 10 days after the Department notifies the owner applicant

of the decision. A request for an appeal pursuant to this subsection must be

submitted in writing to the Secretary of the Commission. As soon as practicable

after receiving such a request, the Chair of the Commission will appoint a

panel consisting of not less than two members of the Commission to consider the

appeal. The panel shall notify the Commission in writing of its determination.

If the panel is unable to make a determination, the Commission will appoint

another panel to consider the appeal in accordance with this subsection. The

determination of a panel appointed pursuant to this subsection is a final

decision for the purposes of judicial review.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92;

A 10-26-93, eff. 10-1-93; 11-29-95; R168-99, 1-19-2000; R113-01, 12-17-2001; R107-02,

1-21-2003; R030-06, 6-1-2006)

      NAC 502.4266  Request for additional tags: Prerequisites and procedure; effect

of approval. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  If the damage to an owner applicant’s

property is ongoing and the number of deer or antelope causing the damage is

increasing, the owner applicant may amend the proof of damage form which he or

she filed with the Department pursuant to subparagraph (1) of paragraph (d) of

subsection 1 of NAC 502.4246 to increase the

number of damage compensation tags being requested.

     2.  If the owner applicant’s request for

additional damage compensation tags is approved by the Department, the owner

applicant is entitled to one or more additional damage compensation tags in

accordance with the provisions of NAC 502.426.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92;

A 10-26-93, eff. 10-1-93; 11-29-95; R030-06, 6-1-2006)

      NAC 502.4268  Receipt of tags: Effect on eligibility for general hunts; no

limitation on number. (NRS 501.105, 501.181, 502.145, 502.160)

     1.  A person’s eligibility to receive a tag

for the general hunt for antelope or deer is not affected by his or her

acquisition of a damage compensation tag.

     2.  There is no limitation on the number of

damage compensation tags that a person may acquire, if he or she is otherwise

eligible for the tags.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-16-92)

Dream Tags

      NAC 502.4269  “Private entity” defined. (NRS 502.219)  As used

in NAC 502.4269 to 502.42696,

inclusive, “private entity” means a private entity that enters into a contract

pursuant to paragraph (b) of subsection 3 of NRS 502.219 to sell chances to win

Dream Tags, conduct any required drawing for Dream Tags and issue Dream Tags.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012)

      NAC 502.42691  Price. (NRS 502.219)  The

price for each Dream Tag that the Department sells to a nonprofit organization

pursuant to subsection 3 of NRS

502.219 will be an amount that is equal to the fee listed in subsection 1

of NRS 502.250 for the tag for

the species for which the Dream Tag will be issued.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012)

      NAC 502.42692  Resource enhancement stamps. (NRS 502.219)

     1.  At the time a resource enhancement stamp

is purchased pursuant to NRS 502.222,

the purchaser shall identify the person for whom the stamp is being purchased

by providing:

     (a) The client number of the person; or

     (b) Any other identifying information of the person

specified by the Department.

     2.  A person identified pursuant to subsection

1 is not obligated to purchase a chance to win a Dream Tag raffle.

     3.  A person identified pursuant to

subsection 1 is the only person:

     (a) For whom a chance to win a Dream Tag raffle may

be purchased under that resource enhancement stamp; or

     (b) Who may be a recipient of a Dream Tag via that

raffle.

     4.  A resource enhancement stamp is valid:

     (a) From the date the stamp is issued until the

last day of the next succeeding June; or

     (b) From the first day of July immediately after

the date the stamp is issued until the last day of the next succeeding June,

Ê as specified

on the stamp.

     5.  Any money paid for a chance to win a

Dream Tag raffle pursuant to paragraph (a) of subsection 3 of NRS 502.219 is not refundable.

     6.  At the time a chance to win a Dream Tag

raffle is purchased, the purchaser shall specify:

     (a) The species for which he or she wishes to

obtain a Dream Tag; and

     (b) Whether or not the recipient of the raffle

chance wishes to be an alternate recipient pursuant to subsection 2 of NAC 502.42693.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012;

A by Bd. of Wildlife Comm’rs by R159-12, 12-20-2012)

      NAC 502.42693  Procedure if winner of Dream Tag raffle declines Tag or if

recipient returns Tag to private entity. (NRS 502.219)

     1.  If the winner of a Dream Tag raffle

declines to accept the Dream Tag awarded to him or her, the private entity

conducting the raffle shall not select an alternate recipient or issue the

Dream Tag.

     2.  If the recipient of a Dream Tag returns

the Dream Tag and it is received by the private entity not later than 14

business days before the first day of the open season for the species for which

the Dream Tag was issued, the private entity shall issue the Dream Tag to the

holder of the raffle chance with the drawing number with the next highest

priority for that species and for whom a desire to be an alternate recipient

was specified pursuant to subsection 6 of NAC

502.42692.

     3.  In issuing a Dream Tag pursuant to

subsection 2, the private entity shall attempt to notify the holder of the

chance to win the Dream Tag raffle with the drawing number with the next

highest priority for that species. If the private entity is unable to notify

the person and obtain his or her acceptance of the Dream Tag, the private

entity shall bypass the person’s name in favor of the holder of the chance to

win the Dream Tag raffle with the drawing number with the next highest priority

for that species.

     4.  The private entity shall maintain a

record of each attempt to notify a person who is selected to receive a Dream

Tag pursuant to this section.

     5.  As used in this section, “drawing number”

means a number assigned randomly to a chance to win a Dream Tag raffle to

denote the priority the chance will receive in the raffle.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012;

A by Bd. of Wildlife Comm’rs by R159-12, 12-20-2012)

      NAC 502.42694  Issuance; recipient required to submit questionnaire. (NRS 502.219)

     1.  Except as otherwise provided in NAC 502.42695, and notwithstanding the provisions of

NAC 502.341, 502.345, 502.361, 502.364 and 502.373, a private entity conducting a Dream Tag

raffle may issue a Dream Tag at any time to a person who wins the tag in the

raffle.

     2.  Each recipient of a Dream Tag shall

submit the questionnaire issued as part of the Dream Tag pursuant to NAC 502.405.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012)

      NAC 502.42695  Return of tag for same species for which Dream Tag was issued;

exception; duties of private entity. (NRS 502.219)

     1.  Except as otherwise provided in

subsection 2, a recipient of a Dream Tag who is issued a tag for the same

species through a drawing for a tag for that species must return the tag to the

Department before receiving the Dream Tag.

     2.  A recipient of a Dream Tag who is issued

a tag for an antlerless deer, an antlerless elk or an antelope with horns

shorter than its ears through a tag drawing is not required to return the tag

to the Department before receiving the Dream Tag.

     3.  After conducting a Dream Tag raffle and

before issuing a Dream Tag from that raffle, the private entity conducting the

raffle:

     (a) Shall provide to the Department the name and

residence information of the winner of the raffle; and

     (b) Shall not issue a Dream Tag to the winner of

the raffle until the Department notifies the private entity that the winner is

not required to return a tag to the Department pursuant to subsection 1.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012)

      NAC 502.42696  Validity. (NRS 502.219)  Except

as otherwise provided by an annual regulation of the Commission, a Dream Tag is

valid only for a unit with an open season for the species listed on the Dream

Tag, during the open season for that unit for that species and with the weapon

authorized for use during that open season.

     (Added to NAC by Dep’t of Wildlife by R110-11, eff. 3-9-2012)

Partnership in Wildlife Drawing

      NAC 502.427  Participation; tag fees; disposition of money received. (NRS 501.105,

501.181, 501.3575, 502.160, 502.250)

     1.  An applicant who was unsuccessful in

obtaining a tag at the initial drawing for a big game tag may participate as a

single applicant for the same species in the Partnership in Wildlife Drawing

held in the same year if the applicant indicated his or her desire to participate

on his or her application for the initial drawing.

     2.  The Department shall retain the tag fee

paid for the initial drawing by a person who indicated his or her desire to

participate in the Partnership in Wildlife Drawing as the fee for the Partnership

in Wildlife Drawing. After completion of the Partnership in Wildlife Drawing,

the Department shall:

     (a) Deposit with the State Treasurer for credit to

the Wildlife Fund Account the entire tag fee received from each successful

applicant;

     (b) Deposit with the State Treasurer for credit to

the Wildlife Heritage Trust Account $10 of the tag fee received from each

unsuccessful applicant; and

     (c) Refund the remaining amount of the tag fee

received from an unsuccessful applicant to the unsuccessful applicant.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-28-96;

A by R055-01, 12-6-2001; R137-03, 1-20-2004)

      NAC 502.4275  Awarding of tags. (NRS 501.105, 501.181, 502.160, 502.250)

     1.  The Department shall award tags from the

Partnership in Wildlife Drawing through a random order of selection conducted

pursuant to a computerized system of drawing. The selection must begin with a

number established by the hours, minutes, seconds and hundredths of a second

set forth on the computer’s clock immediately before commencing the drawing.

     2.  The Department shall cause the computer

to generate an alternate list, categorized by species, after the initial

selection of tag recipients in the Partnership in Wildlife Drawing. The

alternate list must consist solely of each applicant who indicated a desire to

be placed on an alternate list pursuant to subsection 2 of NAC 502.4175.

     3.  If the return of tags for a refund,

pursuant to subsection 2 of NAC 502.422, reduces

the number of tags awarded for the Partnership in Wildlife Drawing to less than

the quota for the hunt for a species, the Department shall refill the quota by

awarding tags:

     (a) First, pursuant to NAC

502.4195, to applicants who were rejected because of an error by the

Department; and

     (b) Second, to applicants on the alternate list,

unless there are fewer than 14 business days remaining until the opening day

for that hunt.

     4.  Except as otherwise provided in

subsection 5, in awarding tags from an alternate list for a hunt, the

Department shall select the eligible applicant appearing on the list who:

     (a) Has the drawing number with the highest

priority for that species; and

     (b) Indicated on his or her application for the

initial drawing for big game tags his or her desire to compete for that species

in the Partnership in Wildlife Drawing.

     5.  If the Department is unable to collect

any fee that is required to be submitted with an application for a hunting

license or tag that is awarded from the Partnership in Wildlife Drawing because

the method of payment is rejected during the processing of the fee for the

license or tag, the Department shall, if more than 14 business days remain

until the opening day for the hunt, select an eligible applicant from the

alternate list for the hunt and season who:

     (a) Has the drawing number with the highest

priority; and

     (b) Indicated as the applicant’s first choice the

area and season for which the quota is being filled.

     6.  The Department shall maintain a record of

each applicant selected from an alternate list pursuant to this section.

     (Added to NAC by Bd. of

Wildlife Comm’rs, eff. 3-28-96; A by R133-01, 12-17-2001, eff. 1-1-2002; R159-12,

12-20-2012)

      NAC 502.428  Seasons, quotas and other conditions; error by Department. (NRS 501.105,

501.181, 502.160, 502.250)

     1.  The Commission will adopt annual

regulations pursuant to NAC 502.310 to establish

the seasons, quotas per species and subspecies, units and other conditions for

the type of hunt in which recipients of big game tags from a Partnership in

Wildlife Drawing may participate.

     2.  Tags issued through the Partnership in

Wildlife Drawing will be in addition to the quotas set for the initial drawing

for big game tags. The Commission will set the quota of tags to be issued per

species and subspecies for the Partnership in Wildlife Drawing after

considering the recommendations of the Department, the county advisory boards

to manage wildlife and members of the public who wish to present their views at

an open meeting. Tags issued through the Partnership in Wildlife Drawing will

be issued for male animals only, except for tags to hunt mountain goats which

will be issued for males and females.

     3.  Except as otherwise provided in

subsection 4, the annual quotas for Partnership in Wildlife tags will not

exceed the following:



     (a) Deer tags:





 







          (1) Resident.....................................................................................................





                        22







          (2) Nonresident...............................................................................................





                          3







     (b) Antelope tags

(resident).................................................................................





                          5







     (c) Elk tags

(resident)...........................................................................................





                          3







     (d) Mountain goat tags

(resident)........................................................................





                          1







     (e) Bighorn sheep tags

(resident).........................................................................





                          4







     4.  If the Department commits an error which

results in the rejection or incorrect processing of an application for a tag

that has been submitted in compliance with the regulations of the Commission

and the error is confirmed before the close of the seasons, the Department may exceed

its quota for the species to which the application pertains and issue a tag to

the applicant if his or her draw number was low enough that the applicant would

have been awarded a tag in the drawing to which that application pertains if

the Department had not committed the error. If the Department confirms an error

on a rejected or incorrectly processed application after the close of the

seasons, it shall not take any action to correct the error.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-28-96;

A by R137-03, 1-20-2004, eff. 3-1-2004)

      NAC 502.4285  Eligibility for tags. (NRS 501.105, 501.181, 502.160, 502.250)  The provisions of NAC 502.345, 502.361 and 502.364, regarding a person’s eligibility to obtain

tags, apply to tags obtained through a Partnership in Wildlife Drawing.

Notwithstanding the provisions of NAC 502.341, a

person who obtains an antelope tag for any type of hunt from a Partnership in

Wildlife Drawing is not eligible to apply for another tag to hunt for antelope

for the next five open seasons.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-28-96)

      NAC 502.429  Bonus points: No consideration in drawing; reversion to zero for

successful applicant; no award to unsuccessful applicant. (NRS 501.105,

501.181, 502.160, 502.250)  The Department shall not

consider bonus points as giving an applicant an increased opportunity to

receive a tag in a Partnership in Wildlife Drawing. If an applicant is

successful in a Partnership in Wildlife Drawing, the applicant’s bonus point

total will revert to zero for the type of hunt for which he or she applied. The

Department shall not award bonus points to unsuccessful applicants in a

Partnership in Wildlife Drawing.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 3-28-96)

SILVER STATE TAG DRAWING

      NAC 502.4291  Electronic application authorized for residents and nonresidents;

procedure if applicant is unsuccessful in obtaining tag. (NRS 501.105,

501.181, 502.160, 502.250)

     1.  The Department shall provide an

electronic application for the Silver State Tag Drawing to residents and

nonresidents.

     2.  An applicant must indicate the desire to

participate in the Silver State Tag Drawing on his or her application, and must

participate solely as a single applicant in the Silver State Tag Drawing for a

species or subspecies.

     3.  If eligible, an applicant who indicates

the desire to participate on his or her application for the Silver State Tag

Drawing may in the same year:

     (a) If the applicant was unsuccessful in obtaining

a tag in the Silver State Tag Drawing for a species or subspecies, apply for

the same species or subspecies in the initial drawing for a tag for that

species or subspecies; and

     (b) If the applicant is unsuccessful in obtaining a

tag at the initial drawing for a big game tag, participate as a single

applicant for the same species or subspecies in the Partnership in Wildlife

Drawing pursuant to NAC 502.427.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09,

eff. 4-20-2010)

      NAC 502.4292  Contents of application; valid hunting license required; fees. (NRS 501.105,

501.181, 502.160, 502.250)

     1.  A person desiring to obtain a Silver

State Tag must apply to the Department on an electronic form provided by the

Department pursuant to NAC 502.4291 that includes

spaces for the applicant to:

     (a) Specify his or her name, address and date of

birth;

     (b) Specify the species or category of species for

which the applicant is applying;

     (c) Specify whether or not the applicant desires to

be placed on an alternate list pursuant to subsection 2 of NAC 502.4298; and

     (d) Acknowledge the affidavit that is included in

the application provided by the Department.

     2.  An application must include the

applicant’s social security number, or a unique number will be assigned by the

Department.

     3.  An applicant must obtain a valid hunting

license before submitting his or her application for a Silver State Tag, except

that an applicant may apply for a hunting license when submitting his or her

application for a Silver State Tag.

     4.  An application for a Silver State Tag

must be accompanied by:

     (a) A nonrefundable fee of $20 for the application

which, except as otherwise provided in NAC 502.4295,

the Department shall deposit with the State Treasurer for credit to the Wildlife

Heritage Trust Account.

     (b) The fee required pursuant to NRS 502.253 for the support of

programs to control predators and protect wildlife habitat.

     (c) If the application is for an elk tag, the fee

of $5 required pursuant to NRS

502.250 for the application.

     (d) The fee for a hunting license, as provided in NRS 502.240, if the applicant:

          (1) Has not obtained a hunting license; and

          (2) Indicates on the application that he or

she wishes to purchase the hunting license regardless of whether his or her

application is successfully drawn.

     (e) The habitat conservation fee, as provided in NRS 502.242, if the applicant:

          (1) Has not obtained a hunting license; and

          (2) Indicates on the application that he or

she wishes to purchase the hunting license regardless of whether his or her

application is successfully drawn.

     5.  If an application for a Silver State Tag

is successfully drawn, the Department shall collect from the applicant:

     (a) The appropriate fee for the tag as provided in NRS 502.250;

     (b) The fee for a hunting license, as provided in NRS 502.240, if the applicant:

          (1) Has not obtained a hunting license; and

          (2) Indicates on the application that he or

she wishes to purchase the hunting license only if his or her application is

successfully drawn; and

     (c) The habitat conservation fee, as provided in NRS 502.242, if the applicant:

          (1) Has not obtained a hunting license; and

          (2) Indicates on the application that he or

she wishes to purchase the hunting license only if his or her application is

successfully drawn.

     6.  An application to obtain a Silver State

Tag may be submitted by a person who is under 12 years of age if he or she will

attain the age of 12 years before the commencement of the season to which the

application relates.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09, eff.

4-20-2010; A by R159-12, 12-20-2012)

      NAC 502.4293  Eligibility to apply. (NRS 501.105, 501.181, 502.160, 502.250)  A person who is ineligible

to apply for a tag pursuant to NAC 502.341, 502.345, 502.361 or 502.364 may, if he or she is otherwise eligible for

the issuance of a tag, apply for a Silver State Tag for a species or subspecies

specified in those sections.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09,

eff. 4-20-2010)

      NAC 502.4294  Bonus points. (NRS 501.105, 501.181, 502.160, 502.250)  The Department shall not

consider bonus points as giving an applicant an increased opportunity to

receive a tag in a Silver State Tag Drawing. If an applicant is successful in a

Silver State Tag Drawing, his or her bonus point total will not revert to zero

for the species or category of species for which he or she applied. The

Department shall not award bonus points to unsuccessful applicants in a Silver

State Tag Drawing.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09,

eff. 4-20-2010)

      NAC 502.4295  Seasons, quotas and other conditions; error by Department. (NRS 501.105,

501.181, 502.160, 502.250)

     1.  The Commission will adopt annual

regulations pursuant to NAC 502.310 to establish

the seasons, quotas per species and subspecies, units and other conditions for

the type of hunt in which the recipients of big game tags from a Silver State

Tag Drawing may participate. The seasons will be concurrent with the seasons

established for the tags, if any, that are awarded through an auction pursuant

to NRS 502.250.

     2.  Tags issued through the Silver State Tag

Drawing are in addition to the quotas set for the initial drawing for big game

tags and the Partnership in Wildlife tags. The Commission will set the quota of

tags to be issued per species and subspecies for the Silver State Tag Drawing

after considering the recommendations of the Department, the county advisory

boards to manage wildlife and members of the public who wish to present their

views at an open meeting. Tags issued through the Silver State Tag Drawing will

be issued for male animals only, except for tags to hunt mountain goats, which will

be issued for males and females.

     3.  If the Department commits an error which

results in the rejection or incorrect processing of an application for a Silver

State Tag that has been submitted in compliance with the regulations of the

Commission, the Department shall provide a refund of the fee for the Silver

State Tag to the applicant.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09,

eff. 4-20-2010)

      NAC 502.4296  Third-party error. (NRS 501.105, 501.181, 502.160, 502.250)

     1.  The Department is not responsible for

third-party errors, including those of a bank or postal service. If an

applicant to obtain a Silver State Tag proves to the satisfaction of the

Department that the rejection of his or her application was due solely to a

third-party error, and there is sufficient time to complete the processing of

the application before the drawing for which the application was submitted, the

Department shall include the application in the procedure for awarding tags.

     2.  As used in this section, “third-party

error” means the failure to act or commission of an act, by a person or entity

other than the Department or an applicant to obtain a Silver State Tag, which

provides a ground for rejecting an application pursuant to NAC 502.4297.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09,

eff. 4-20-2010)

      NAC 502.4297  Rejection of application. (NRS 501.105, 501.119, 501.181, 502.160, 502.250)

     1.  The Department shall reject an

application to obtain a Silver State Tag if any of the following occurs:

     (a) The applicant fails to specify his or her name,

date of birth, city or state on the application, unless that information exists

in the computer file of the Department, in which case the application must not

be rejected if the applicant has specified his or her name and client number.

     (b) The applicant fails to specify or incorrectly

specifies on the application the number of his or her hunting license and the

year the license was issued, unless that information exists in the computer

file of the Department, in which case the application must not be rejected for

that reason.

     (c) The applicant fails to specify his or her

social security number on the application for a hunting license if:

          (1) The application for a hunting license is

included with the application for a Silver State Tag; and

          (2) The Social Security Administration has

issued a social security number to the applicant.

     (d) An applicant who is at least 12 years of age

but not more than 17 years of age fails to obtain the signature of his or her

parent or legal guardian on the application for a hunting license.

     (e) The applicant fails to specify on the

application the species for which the application was submitted and a valid

hunter choice number for that type of hunt.

     (f) The applicant fails to sign the application.

     (g) The applicant fails to submit the fees required

pursuant to NAC 502.4292 or his or her bank fails

to honor the payment for those fees.

     (h) The applicant fails to comply with the

provisions of NAC 502.405, unless, on or before the

deadline set forth in that section for the year in which the application is

submitted, the applicant pays the applicable administrative fine and submits

the properly completed questionnaire issued as part of the tag or the information

required by the questionnaire.

     (i) The applicant submits more than one application

to hunt for the same species of wildlife during the same year, unless such an

application is specifically authorized by the Commission. If such an

application is not specifically authorized by the Commission, all applications

submitted by the applicant to hunt for the same species must be rejected.

     (j) The application is received after the deadline

set by the Commission.

     (k) The applicant fails to comply with the provisions

of NRS 502.330.

     (l) The applicant provides false information on the

application.

     (m) The applicant is otherwise ineligible to apply

for the Silver State Tag.

     2.  If an application is rejected by the

Department pursuant to this section:

     (a) The application must not be included in the

procedure for awarding tags; and

     (b) The nonrefundable application fee for a Silver

State Tag for acting upon each application for a Silver State Tag, the fee

required pursuant to NRS 502.253

for the support of programs to control predators and protect wildlife habitat

and, if included, the fee required pursuant to NRS 502.250 for each application

for a Silver State Tag for elk must be retained by the Department.

     3.  If the Department rejects an application

pursuant to paragraph (g) of subsection 1 because the applicant failed to

submit the fees required pursuant to NAC 502.4292,

the applicant is ineligible to receive or exercise any privilege conferred upon

him or her pursuant to title 45 of NRS until the Department receives:

     (a) The nonrefundable application fee for a Silver

State Tag for acting upon the application; and

     (b) The fee required pursuant to NRS 502.253 for the support of

programs to control predators and protect wildlife habitat.

     4.  The Department shall indicate that the

applicant owes a fee in the file of the applicant maintained by the Department

until the applicant pays all fees owed to the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09,

eff. 4-20-2010)

      NAC 502.4298  Computerized system of drawing; alternate list; procedure to

refill quota. (NRS 501.105, 501.181, 502.160, 502.250)

     1.  The Silver State Tag Drawing will occur

before the initial drawing for big game tags. The Department shall award tags

from the Silver State Tag Drawing through a random order of selection conducted

pursuant to a computerized system of drawing. The selection must begin with a

number established by the hours, minutes, seconds and hundredths of a second

set forth on the computer’s clock immediately before commencing the drawing.

     2.  The Department shall cause the computer

to generate an alternate list, categorized by species, after the initial

selection of tag recipients in the Silver State Tag Drawing. The alternate list

must consist solely of each applicant who indicated a desire to be placed on an

alternate list pursuant to subsection 1 of NAC

502.4292.

     3.  If the return of tags for a refund,

pursuant to subsection 2 of NAC 502.422, reduces

the number of tags awarded for the Silver State Tag Drawing to less than the

quota for the hunt for a species, the Department shall refill the quota by

awarding tags to applicants on the alternate list, unless there are fewer than

14 business days remaining until the opening day for that hunt.

     4.  Except as otherwise provided in

subsection 5, in awarding tags from an alternate list for a hunt, the

Department shall select the eligible applicant appearing on the list who:

     (a) Has not received a tag in the initial drawing

for big game tags or the Partnership in Wildlife Drawing for that species or

subspecies for that year;

     (b) Has the drawing number with the highest

priority for that species or subspecies; and

     (c) Indicated on his or her application the desire

to compete for that species or subspecies in the Silver State Tag Drawing.

     5.  If the Department is unable to collect

any fee that is required from the Silver State Tag Drawing because the method

of payment is rejected during the processing of those fees, the Department

shall, if more than 14 business days remain until the opening day for the hunt,

select an eligible applicant from the alternate list for the hunt and season

who:

     (a) Has the drawing number with the highest

priority; and

     (b) Indicated on his or her application for the

initial drawing for big game tags the desire to compete for that species in the

Silver State Tag Drawing.

     6.  The Department shall maintain a record of

each applicant selected from an alternate list pursuant to this section.

     (Added to NAC by Bd. of Wildlife Comm’rs by R196-09,

eff. 4-20-2010; A by R159-12, 12-20-2012)

TAXIDERMISTS

      NAC 502.430  Definitions. (NRS 502.370)  As used

in NAC 502.430 to 502.455,

inclusive, unless the context otherwise requires:

     1.  “Commercial taxidermist” means a person

who provides taxidermic services for any other person for compensation.

     2.  “Noncommercial taxidermist” means a

person who provides taxidermic services for any other person without

compensation.

     3.  “Taxidermic item” means any part of

wildlife upon which taxidermic services can be, are being or have been

performed.

     4.  “Taxidermic services” includes preparing,

stuffing and mounting the skins of wildlife or any parts, nests or eggs of

wildlife.

     [Bd. of Fish & Game Comm’rs, No. 16 §§ 16.10-1 -

16.10-3, eff. 5-6-78]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97)

      NAC 502.435  Taxidermist license required. (NRS 502.370)

     1.  A person must obtain:

     (a) A Nevada taxidermist license as either a

commercial taxidermist or noncommercial taxidermist, as appropriate; and

     (b) If the taxidermic services are to be performed

on a species of migratory bird protected by the Migratory Bird Treaty Act, as

amended, 16 U.S.C. §§ 703 et seq., a taxidermist permit issued by the United

States Fish and Wildlife Service pursuant to 50 C.F.R. § 21.24, before

performing taxidermic services in Nevada for any other person.

     2.  The Commission hereby adopts by reference

the regulations of the United States Fish and Wildlife Service which are

published in 50 C.F.R. § 21.24, as those regulations existed on October 1,

1995. Title 50 of C.F.R. may be purchased for $39 from the Superintendent of

Documents, United States Government Printing Office, Washington, D.C.

20402-9328.

     [Bd. of Fish & Game Comm’rs, No. 16 § 17.01-1, eff.

5-6-78]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97)

      NAC 502.440  License: Application; validity; renewal. (NRS 502.370)

     1.  An application for a taxidermist license

may be obtained from any office of the Department. The applicant shall include

on his or her application:

     (a) The applicant’s name, residential and mailing

addresses, and telephone number;

     (b) The name and telephone number of the

applicant’s taxidermic business and, if different from the applicant’s

residential address, the address from which taxidermic services will be

provided;

     (c) Whether or not the taxidermic services are

provided for compensation;

     (d) If the applicant must possess a federal

taxidermist permit, a copy of the permit or proof satisfactory to the

Department that federal approval of such a permit is pending;

     (e) The name of each state in which the applicant

holds or has held a taxidermist license or permit to perform taxidermic

services;

     (f) If the applicant has been convicted of

violating the laws or regulations relating to taxidermy or commercialization of

wildlife of any state or the United States Fish and Wildlife Service within the

5 years immediately preceding the date of the application, a description of

each violation, a description of the penalty imposed for each violation and the

name of the state in which the conviction occurred;

     (g) Whether, at the time of the application, the

privileges granted to the applicant by another state or the United States Fish

and Wildlife Service relating to taxidermy are suspended or revoked; and

     (h) The applicant’s signature and the date on which

he or she signed the application.

     2.  A taxidermist license issued by the

Department pending the issuance of a federal permit to perform taxidermic

services on:

     (a) A migratory bird that is protected by the

Migratory Bird Treaty Act, as amended, 16 U.S.C. §§ 703 et seq.; or

     (b) A species of wildlife that is listed as

threatened or endangered by the United States Fish and Wildlife Service,

Ê is not valid

for the purposes of performing taxidermic services on the migratory bird or the

endangered or threatened species until the federal permit has been issued by

the United States Fish and Wildlife Service to the licensee.

     3.  A completed application and required fees

must be submitted to the Department.

     4.  An annual taxidermist license expires on

June 30 of each year. If an application for the renewal of a taxidermist

license is not received by the Department on or before June 30, taxidermic

items in the possession of a taxidermist shall be deemed to be unlawfully

possessed and are subject to seizure by the Department, and the taxidermist

will be considered to be practicing taxidermy without a license. If an

application for the renewal of a taxidermist license is received by the

Department on or before June 30, the license will remain in effect until the

Department completes its review of the application and renews or denies the

application to renew the taxidermist license.

     [Bd. of Fish & Game Comm’rs, No. 16 § 17.01-3, eff.

5-6-78]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97)

      NAC 502.445  Commercial taxidermist: Authorized acts. (NRS 502.370)

     1.  A person licensed in Nevada as a

commercial taxidermist may:

     (a) Receive, transport, ship by common carrier,

hold and perform taxidermic services on lawfully acquired wildlife.

     (b) Receive compensation for taxidermic services.

     (c) Purchase or otherwise legally acquire for

taxidermic purposes the raw skins and hides of fur-bearing or game mammals which

were lawfully taken.

     (d) Sell or consign to another person for sale the

following mounted or permanently preserved wildlife which was lawfully

acquired:

          (1) Properly marked migratory waterfowl raised

in captivity;

          (2) The head and nonedible parts of any game

mammal;

          (3) Properly identified game mammals;

          (4) Upland game birds, other than those birds

which are protected by the Migratory Bird Treaty Act, as amended, 16 U.S.C. §§

703 et seq.;

          (5) Game fish, or any part of a game fish;

          (6) Game amphibians;

          (7) Fur-bearing mammals; and

          (8) Unprotected wildlife.

     2.  A taxidermist may ship the raw skins and

raw furs of any wildlife for which a tag is required to a tannery without first

obtaining a transportation permit if the shipment is labeled pursuant to

subsection 7 of NRS 503.040 or

50 C.F.R. §§ 14.81 and 14.82, as those regulations exist on October 1, 1996.

     3.  As used in this section, “nonedible

parts” means the hide, skin, fur, antlers, horns, skeleton and hooves of an

animal.

     [Bd. of Fish & Game Comm’rs, No. 16 part § 17.01-5,

eff. 5-6-78]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97)

      NAC 502.450  Noncommercial taxidermist: Authorized acts. (NRS 502.370)  A person

licensed in Nevada as a noncommercial taxidermist may receive, transport, hold

and perform taxidermic services on lawfully acquired wildlife, if such activity

is not contrary to the provisions of federal law or regulations relating to

migratory birds that are protected by the Migratory Bird Treaty Act, as

amended, 16 U.S.C. §§ 703 et seq.

     [Bd. of Fish & Game Comm’rs, No. 16 part § 17.01-5,

eff. 5-6-78]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97)

      NAC 502.455  Taxidermic records; identification tags for taxidermic items. (NRS 502.370)

     1.  A person

licensed as a taxidermist in Nevada shall maintain accurate written or

computerized records, on a form provided by the Department or in a format which

is substantially similar to that form, for each licensing year which show:

     (a) The name, telephone number and address of each

person from whom wildlife or parts, nests or eggs of wildlife, upon which

taxidermic services were performed, were received.

     (b) The name, telephone number and address of each

person to whom wildlife or parts, nests or eggs of wildlife, upon which

taxidermic services were performed, were delivered.

     (c) An accurate description of the taxidermic item,

including the species and parts thereof received.

     (d) If required for the species of wildlife

received, the number of the tag, seal or permit.

     (e) The date on which the taxidermist receives the

taxidermic item and the date on which that item is returned to its owner.

Ê The

taxidermist shall record the required information immediately upon receipt and

delivery of a taxidermic item, as appropriate.

     2.  A taxidermist shall:

     (a) Immediately upon receipt, label each taxidermic

item with a tag that clearly identifies the owner of the item. The tag may be

removed from the item only during the actual performance of taxidermic services

on the item. The tag must be reattached to the item when the taxidermic service

is not being performed. Once the taxidermic services are completed on the

taxidermic item, the tag must be reattached and remain attached to the item

until the item is delivered to or claimed by the owner of the item.

     (b) If required by the Department, submit a copy of

the taxidermist’s records for the previous licensing year to the Department at

the end of each licensing year. If the records are computerized, the

taxidermist shall submit a hard copy of the computerized records to the

Department.

     (c) Retain the taxidermist’s records for a

licensing year for at least 2 years after the end of the licensing year to

which those records pertain.

     (d) During any reasonable hour, upon the request of

any agent of the Department authorized to enforce the provisions of title 45 of

NRS, present the taxidermist’s records kept in accordance with this section and

any taxidermic item which the taxidermist is keeping at his or her place of

business.

     3.  As used in this section, “licensing year”

means a period beginning on July 1 and ending on June 30 of the following

calendar year.

     [Bd. of Fish & Game Comm’rs, No. 16 § 17.01-9, eff.

5-6-78]—(NAC A by Bd. of Wildlife Comm’rs, 7-1-97)

BODIES OF WATER LETHAL TO WILDLIFE

      NAC 502.460  “Artificial or artificially created body of water” interpreted. (NRS 501.105,

501.181, 502.390)  For the purposes of NRS 502.390, “artificial or

artificially created body of water” means any uncovered lake, pond, reservoir,

pool, puddle, sump or any other type of water that is impounded by a person,

including a ditch, stream and any other type of open mechanism used to

transport or apply fluid. The Department may determine that several artificial

or artificially created bodies of water that are part of one facility may be

required to obtain one permit which covers all of the bodies of water.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89)

      NAC 502.465  “Chemicals or substances” interpreted. (NRS 501.105,

501.181, 502.390)  For the purposes of NRS 502.390, “chemicals or

substances” means artificially created or natural materials or elements which

are used in or result from industrial activities and which may occur in

sufficient concentration to cause the death of any wildlife.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89)

      NAC 502.470  “Normal use” interpreted. (NRS 501.105, 501.181, 502.390)  For the purposes of NRS 502.390, “normal use” means the

regular, customary or intended use of water, including the disposition of the

water before a chemical or other change which is made specifically to protect

wildlife.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89)

      NAC 502.475  Permits: Form; fee. (NRS 501.105, 501.181, 502.390)

     1.  The Department will provide a standard

form for a permit required by NRS

502.390.

     2.  The fee for the permit is $125 per year

and must be paid to the Department before the permit will be issued. If the

Department issues a temporary permit or a permit for less than 1 year, the fee

is $68.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89;

A by R137-03, 1-20-2004, eff. 3-1-2004)

      NAC 502.480  Permits: Individual design; compliance with conditions. (NRS 501.105,

501.181, 502.390)

     1.  The Department will design a permit

required by NRS 502.390 to

address the specific measures for the protection of wildlife and operating

standards to be taken by a holder of the permit.

     2.  A person who holds a permit must comply

with all of the conditions for the permit which the Department requires,

including, but not limited to:

     (a) The type of fence which must be installed to

ensure the exclusion of wildlife from hazardous water.

     (b) The designation of bodies of water which must

be covered to ensure the exclusion of wildlife.

     (c) The designation of a body of water which must

be maintained through operational standards, in a state which will not cause

the death of any wildlife.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89)

      NAC 502.482  Payment of annual assessment by holder of permit. (NRS 501.105,

501.181, 502.390)

     1.  The holder of a permit issued pursuant to

NRS 502.390 shall pay an annual

assessment required by that section based on the tons of material processed

through a mill or a heap leach pad during the previous fiscal year. The amount

of the assessment will be determined as follows:

 



          Tons of material

processed





Amount

of assessment







          1 - 40,000........................................................................................





                                        $50







          40,001 - 100,000.............................................................................





                                     1,750







          100,001 - 300,000...........................................................................





                                     3,750







          300,001 - 600,000...........................................................................





                                     6,750







          600,001 - 1,500,000........................................................................





                                     8,750







          More than 1,500,000.......................................................................





                                   10,000







 

     2.  The Department shall send to each holder

of a permit a form to indicate the number of tons of material processed in the

previous fiscal year. The Department shall send the form not later than the end

of each fiscal year. The holder of a permit shall complete and return the form,

accompanied by the assessment, to the Department within 45 calendar days of

receipt.

     3.  If the ownership of any artificial or

artificially created body of water for which a permit has been issued is

transferred, the amount of the assessment required to be paid by the new owner

during his or her first year of ownership must be based on the tons of material

processed during the previous fiscal year.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 9-13-91)

      NAC 502.485  Reports regarding death of wildlife. (NRS 501.105,

501.181, 502.390)  A person who has been

issued a permit required by NRS

502.390 must report to the Department on forms provided by the Department,

each death of wildlife associated with the body of water for which the permit

was issued. If no death occurs, the person must also report this to the

Department. The permit will state the time and manner the information must be

reported to the Department.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89)

      NAC 502.495  Access by Department to property. (NRS 501.105,

501.181, 502.390)  The holder of a permit

required by NRS 502.390 shall

grant reasonable access to the employees of the Department who are authorized

by the Department to enter the property for which the permit was issued.

     (Added to NAC by Bd. of Wildlife Comm’rs, eff. 12-18-89)

HUNTER SAFETY

      NAC 502.500  Course in safe handling of firearms; fees. (NRS 501.181,

502.340, 502.350)

     1.  The Department will provide a course in

the safe handling of firearms to all eligible persons. The instructor may collect

a fee of $5 from each person obtaining instruction in the safe handling of

firearms.

     2.  The

Department will issue a duplicate certificate of successful completion of the

course for a fee of $3.

     [Bd. of Wildlife

Comm’rs, No. 120 § 3, eff. 11-5-81]—(NAC A 9-20-83; 10-17-86, eff. 1-1-87; 4-18-90)—(Substituted

in revision for NAC 502.425)
Read Entire Law on www.leg.state.nv.us