Published: 2015
Key Benefits:
[Rev. 2/21/2018 3:35:15 PM]
[NAC-501 Revised Date: 3-18]
CHAPTER 501 - ADMINISTRATION AND ENFORCEMENT OF WILDLIFE LAWS
GENERAL PROVISIONS
501.010 Definitions.
501.015 “Account” defined.
501.017 “Appellant” defined.
501.020 “Commission” defined.
501.025 “Conservation project” defined.
501.030 “Department” defined.
501.040 “Petitioner” defined.
501.100 Comments of Department.
PRACTICE AND PROCEDURE BEFORE BOARD OF WILDLIFE COMMISSIONERS
Hearings
501.140 Applicability.
501.150 Request for hearing concerning denial, revocation or suspension of license or permit; time and notice of hearing; stay of decision of Department.
501.153 Filing and service of certain documents before hearing on appeal; dismissal of appeal for failure to meet requirements; notice of representation by attorney.
501.155 Representation of appellant or petitioner; request for appointment of deputy attorney general.
501.160 Conduct at hearing; maintenance of order.
501.165 Hearing de novo; evidence and allegations at certain hearings.
501.170 Discovery.
501.175 Continuance.
501.179 Dismissal upon failure of appellant to appear.
501.185 Procedure; burden of proof.
501.190 Official record; transcription.
Miscellaneous Petitions
501.195 Petition to adopt, file, amend or repeal permanent regulation.
DEMERIT POINTS
501.200 Schedule of demerit points.
501.210 Revocation of license, permit or privilege upon accumulation of 12 demerit points.
WILDLIFE HERITAGE ACCOUNT
501.300 Application for money from Account: Submission; contents; prerequisites to consideration.
501.310 Application for money from Account: Review and recommendations.
501.320 Application for money from Account: Priorities for approval.
501.330 Duties of Secretary of Commission.
501.340 Duties of person managing or supervising conservation project; time for completion; cancellation of funding.
GRANT PROGRAM FOR WILDLIFE RESTORATION ACTIVITIES AND WILDLIFE RESEARCH
501.400 Solicitation of applications; eligibility; funding sources for grants.
GENERAL PROVISIONS
NAC 501.010 Definitions. (NRS 501.181) As used in this chapter, unless the context otherwise requires, the words and terms defined in NAC 501.015 to 501.040, inclusive, have the meanings ascribed to them in those sections.
(Supplied in codification; A by Bd. of Wildlife Comm’rs by R083-98, 9-25-98; R066-00, 8-18-2000; R198-05, 2-23-2006)
NAC 501.015 “Account” defined. (NRS 501.3575) “Account” means the Wildlife Heritage Account.
(Added to NAC by Bd. of Wildlife Comm’rs by R066-00, eff. 8-18-2000)
NAC 501.017 “Appellant” defined. (NRS 501.181) “Appellant” means any person who requests a hearing before the Commission pursuant to chapters 501 to 506, inclusive, of NRS and any regulations adopted pursuant to those chapters.
(Added to NAC by Bd. of Wildlife Comm’rs by R198-05, eff. 2-23-2006)
NAC 501.020 “Commission” defined. (NRS 501.181) “Commission” means the Board of Wildlife Commissioners.
(Added to NAC by Bd. of Wildlife Comm’rs by R083-98, eff. 9-25-98)
NAC 501.025 “Conservation project” defined. (NRS 501.3575) “Conservation project” means a project for the sole purpose of enhancing the protection, propagation, restoration, transplantation, introduction and management of any game fish, game mammal, game bird or fur-bearing mammal in this State.
(Added to NAC by Bd. of Wildlife Comm’rs by R066-00, eff. 8-18-2000)
NAC 501.030 “Department” defined. (NRS 501.181) “Department” means the Department of Wildlife.
(Added to NAC by Bd. of Wildlife Comm’rs by R083-98, eff. 9-25-98)
NAC 501.040 “Petitioner” defined. (NRS 501.181) “Petitioner” means a person who submits to the Commission a petition requesting the adoption, filing, amendment or repeal of a permanent regulation pursuant to NRS 233B.100 and NAC 501.195.
(Added to NAC by Bd. of Wildlife Comm’rs by R083-98, eff. 9-25-98; A by R029-00, 6-20-2000; R198-05, 2-23-2006)
NAC 501.100 Comments of Department. (NRS 501.181) The Department will:
1. Maintain a record book containing copies of the Department’s comments on proposed federal actions, on drafts of environmental impact statements and on proposed federal regulations affecting public lands. The copies will be maintained for 2 years.
2. Enter its comments in the record book before the comments are submitted to the State Planning Coordinator or the appropriate federal agency.
3. Make the contents of the record book available in the Department’s office at 1100 Valley Road, Reno, Nevada, and in the Department’s regional offices at Fallon, Elko and Las Vegas, for inspection and copying by the public during business hours.
[Bd. of Wildlife Comm’rs, No. 30, eff. 9-25-79]
PRACTICE AND PROCEDURE BEFORE BOARD OF WILDLIFE COMMISSIONERS
Hearings
NAC 501.140 Applicability. (NRS 501.181) The provisions of NAC 501.140 to 501.190, inclusive, apply to any matter that is within the jurisdiction of the Commission.
(Added to NAC by Bd. of Wildlife Comm’rs by R083-98, eff. 9-25-98; A by R198-05, 2-23-2006)
NAC 501.150 Request for hearing concerning denial, revocation or suspension of license or permit; time and notice of hearing; stay of decision of Department. (NRS 501.181)
1. A person who is aggrieved by a decision of the Department must submit a written request for a hearing before the Commission within 30 calendar days after the person receives a notice from the Department pursuant to subsection 3 of NRS 233B.127 that his or her license or permit will be denied, revoked or suspended. Otherwise, his or her right to the hearing shall be deemed waived. The date of receipt of the notice from the Department that the license or permit will be denied, revoked or suspended shall be deemed to be:
(a) The date that is indicated on the signed certified mail receipt; or
(b) If the person refuses to accept delivery of the notice, 3 calendar days after the date the certified mail has been refused by the person.
2. The hearing must be requested on a form provided by the Department.
3. Except as otherwise provided in NRS 501.1816 and unless the appellant and the Department agree otherwise in writing, the Commission will:
(a) Include the hearing on the agenda for the next regularly scheduled meeting of the Commission that is conducted after the Department receives the request for a hearing; or
(b) Hold a special meeting pursuant to NRS 501.177 for the purpose of conducting the hearing.
4. The Department shall send by certified mail a notice of hearing that complies with the provisions of NRS 233B.121 not less than 30 calendar days before the date of the hearing. There is a rebuttable presumption that the notice of hearing has been received by an appellant 20 calendar days after the date the notice was deposited in the United States mail. Such a notice must include a statement notifying the appellant of the requirements of NAC 501.153.
5. A notice sent pursuant to subsection 4 for a hearing conducted pursuant to NRS 501.1816 must include a statement notifying the appellant that a hearing conducted by the Commission pursuant to NRS 501.1816 is:
(a) Not a rehearing of the matter for which the appellant is seeking the hearing; and
(b) Limited to determining if the Department committed procedural error.
6. Any contention that improper notice was given by the Department shall be deemed waived unless the contention is raised at the hearing.
7. Except as otherwise provided in NRS 501.1816, the Department may grant a stay of its decision to deny, revoke or suspend the license or permit pending the hearing before the Commission if the Department determines that:
(a) There is good cause to stay its decision; and
(b) A stay will not have a detrimental impact on wildlife.
(Added to NAC by Bd. of Wildlife Comm’rs, eff. 7-1-82; A by R083-98, 9-25-98; R107-99, 10-27-99; R198-05, 2-23-2006; R074-16, 6-21-2017)
NAC 501.153 Filing and service of certain documents before hearing on appeal; dismissal of appeal for failure to meet requirements; notice of representation by attorney. (NRS 501.181)
1. At least 14 calendar days before the date set for a hearing for an appeal, each party to the appeal must file with the Commission and serve upon all other parties to the appeal:
(a) All documents that the party intends to introduce as evidence at the hearing; and
(b) A written statement setting forth:
(1) The name and address of the party;
(2) The reason for the appeal, if the party is the appellant;
(3) A brief statement supporting the position of the party; and
(4) If the party intends to introduce witnesses, a list setting forth the name of each witness together with a brief summary of the proposed testimony of the witness.
2. If an appellant fails to meet the requirements of subsection 1 and the appellant does not show good cause for the failure to meet those requirements, the Commission may dismiss the appeal with prejudice. An appeal that is dismissed pursuant to this subsection may not be reconsidered by the Commission. The dismissal of an appeal pursuant to this subsection is a final decision for purposes of judicial review.
3. An appellant or petitioner who intends to be represented by an attorney pursuant to NAC 501.155 must notify the Commission of that fact in writing at least 10 calendar days before the date set for the hearing for an appeal or a petition.
(Added to NAC by Bd. of Wildlife Comm’rs by R198-05, eff. 2-23-2006; A by R074-16, 6-21-2017)
NAC 501.155 Representation of appellant or petitioner; request for appointment of deputy attorney general. (NRS 501.181)
1. An appellant or a petitioner may be represented by an attorney who is licensed to practice law in this State.
2. If the Commission and the Department are represented by the same deputy attorney general, the Commission will request, at least 10 days before a hearing, that the Attorney General appoint a deputy attorney general separate from the deputy attorney general representing the Department to represent the Commission in the hearing.
(Added to NAC by Bd. of Wildlife Comm’rs by R083-98, eff. 9-25-98; A by R198-05, 2-23-2006; R074-16, 6-21-2017)
NAC 501.160 Conduct at hearing; maintenance of order. (NRS 501.181)
1. A person appearing before the Commission shall act in a courteous manner that is conducive to the proper functioning of the Commission.
2. The Commission may take any action that it determines is necessary to maintain order during a hearing, including, without limitation:
(a) Excluding the appellant or petitioner or the attorney for the appellant or petitioner from the hearing;
(b) Excluding a witness from the hearing; and
(c) Limiting the taking of testimony and presentation of evidence during the hearing.
(Added to NAC by Bd. of Wildlife Comm’rs by R083-98, eff. 9-25-98; A by R198-05, 2-23-2006)
NAC 501.165 Hearing de novo; evidence and allegations at certain hearings. (NRS 501.181, 501.1818)
1. Except as otherwise provided in subsection 2, a hearing regarding a denial, revocation or suspension of a license or permit ordered pursuant to the provisions of chapters 501 to 506, inclusive, of NRS and any regulations adopted pursuant to those chapters will be conducted by the Commission as a hearing de novo.
2. A hearing conducted pursuant to NRS 501.1816 will not be conducted as a hearing de novo but will be confined to the record on review. The Commission will:
(a) Allow to be presented only evidence that is in the record regarding the suspension or revocation of the license, permit or privilege that is on file with the Department; and
(b) Consider only allegations of procedural error committed by the Department that affect the substantive rights of the appellant.
(Added to NAC by Bd. of Wildlife Comm’rs by R083-98, eff. 9-25-98; A by R198-05, 2-23-2006; R074-16, 6-21-2017)
NAC 501.170 Discovery. (NRS 501.181) The Commission will limit discovery for a hearing regarding a denial, revocation or suspension of a license or permit ordered pursuant to the provisions of chapters 501 to 506, inclusive, of NRS and any regulations adopted pursuant to those chapters to evidence that is relevant and admissible pursuant to NAC 501.165.
(Added to NAC by Bd. of Wildlife Comm’rs by R083-98, eff. 9-25-98; A by R198-05, 2-23-2006)
NAC 501.175 Continuance. (NRS 501.181)
1. Except as otherwise provided in subsection 2, the date of a hearing may be continued once by a written stipulation from the appellant and the Secretary of the Commission.
2. The date of a hearing may be continued more than once if the moving party submits a written motion for a continuance to the Commission. The Commission will grant the motion only if:
(a) Good cause exists to continue the hearing; and
(b) A continuance will not prejudice the nonmoving party.
(Added to NAC by Bd. of Wildlife Comm’rs by R083-98, eff. 9-25-98; A by R198-05, 2-23-2006)
NAC 501.179 Dismissal upon failure of appellant to appear. (NRS 501.181) If an appellant fails to appear at a hearing after receiving adequate notice of the hearing and the appellant does not show good cause for the failure to appear at the hearing, the Commission may dismiss the appeal with prejudice. An appeal that is dismissed pursuant to this section may not be reconsidered by the Commission. The dismissal of an appeal pursuant to this section is a final decision for purposes of judicial review.
(Added to NAC by Bd. of Wildlife Comm’rs by R198-05, eff. 2-23-2006)
NAC 501.185 Procedure; burden of proof. (NRS 501.181, 501.1818)
1. The Commission will use the following procedure, in the order set forth in paragraphs (a) to (i), inclusive, for a hearing regarding a revocation or suspension of a license or permit ordered pursuant to the provisions of NRS 501.1812 to 501.1818, inclusive, and any regulations adopted pursuant to those sections:
(a) The hearing will be called to order by the Chair of the Commission.
(b) The request for a hearing and notice of hearing will be entered into the record.
(c) The Commission may, on its own motion or that of a party, exclude witnesses from the hearing.
(d) The Commission will consider any:
(1) Preliminary motions;
(2) Stipulations; and
(3) Proposed orders that the Department and the appellant have agreed to pursuant to a settlement.
(e) The Department will present its evidence and then be cross-examined by the appellant and questioned by the Commission.
(f) The appellant will present its evidence and then be cross-examined by the Department and questioned by the Commission.
(g) The Department and appellant will present any rebuttal evidence and then be cross-examined by the other party and questioned by the Commission on issues limited to the rebuttal evidence.
(h) Closing arguments will be presented by the Department and then by the appellant.
(i) The Commission will deliberate and then render orally its order with separately stated findings of fact and conclusions of law.
Ê The Department has the burden of proof in a hearing regarding a revocation or suspension of a license or permit ordered pursuant to the provisions of chapters 501 to 506, inclusive, of NRS and any regulations adopted pursuant to those chapters.
2. The Commission will use the following procedure, in the order set forth in paragraphs (a) to (e), inclusive, for a hearing regarding a denial of an appellant’s application for a license or permit ordered pursuant to the provisions of chapters 501 to 506, inclusive, of NRS and any regulation adopted pursuant to those chapters:
(a) The appellant will present its evidence and then be cross-examined by the Department and questioned by the Commission.
(b) The Department will present its evidence and then be cross-examined by the appellant and questioned by the Commission.
(c) The Department and the appellant will present any rebuttal evidence and then be cross-examined by the other party and questioned by the Commission on issues limited to the rebuttal evidence.
(d) Closing arguments will be presented by the appellant and then by the Department.
(e) The Commission will deliberate and then render orally its order with separately stated findings of fact and conclusions of law.
Ê The appellant has the burden of proof in a hearing specified in this subsection.
3. The Commission may deviate from the order of procedure set forth in subsections 1 and 2 and allow or limit questioning to elicit all relevant, nonrepetitive testimony and evidence.
(Added to NAC by Bd. of Wildlife Comm’rs by R083-98, eff. 9-25-98; A by R198-05, 2-23-2006)
NAC 501.190 Official record; transcription. (NRS 501.181)
1. The official record of a hearing regarding a denial, revocation or suspension of a license or permit ordered pursuant to the provisions of chapters 501 to 506, inclusive, of NRS and any regulations adopted pursuant to those chapters will serve as the order of the Commission, unless otherwise stated by the Commission during the hearing.
2. A party may request a transcription of the official record of the hearing. The transcription must be produced at the expense of the requesting party.
3. A party may request a copy of the order of the Commission as transcribed from the official record of the hearing.
(Added to NAC by Bd. of Wildlife Comm’rs by R083-98, eff. 9-25-98)
Miscellaneous Petitions
NAC 501.195 Petition to adopt, file, amend or repeal permanent regulation. (NRS 233B.100, 501.181)
1. A person who wishes to request that the Commission adopt, file, amend or repeal a permanent regulation must submit a written petition to the Commission on a form provided by the Department. The petition must include:
(a) The name and mailing address of the petitioner.
(b) A statement of the reason for the adoption, filing, amendment or repeal of the permanent regulation.
(c) The language of the permanent regulation to be adopted, filed, amended or repealed or a description of the subjects and issues involved in the permanent regulation.
(d) An estimate made by the petitioner of the economic effect that the permanent regulation to be adopted, filed, amended or repealed will have on the general public and on any business which the permanent regulation regulates or will regulate. Those effects must be stated separately and in each case must include:
(1) The adverse and beneficial effects; and
(2) The immediate and long-term effects.
(e) If the adoption, filing or amendment of a permanent regulation is requested, an estimate made by the petitioner of the estimated cost to the Department for enforcement of the permanent regulation.
(f) A statement indicating whether the petitioner is aware of any federal regulations or regulations of other state or local governmental agencies that overlap or duplicate the permanent regulation to be adopted, filed, amended or repealed.
(g) If the adoption, filing or amendment of a permanent regulation is requested, a statement indicating whether the permanent regulation establishes a new fee or increases an existing fee.
(h) The signature of the petitioner and the date the petition was signed.
2. A petition requesting the adoption, filing, amendment or repeal of a permanent regulation shall be deemed to be submitted to the Commission on the date of the next regularly scheduled meeting of the Commission that occurs after the petition is received by the Commission.
3. Within 30 days after a petition is submitted, the Commission will:
(a) Notify the petitioner in writing of its decision to deny the petition, including the reasons for the denial; or
(b) Initiate the regulation-making procedures set forth in chapter 233B of NRS, if the petition requests the adoption, filing, amendment or repeal of a permanent regulation, except a permanent regulation relating to the classification of wildlife or the designation of seasons for hunting, fishing or trapping by the Commission pursuant to the provisions of title 45 of NRS.
(Added to NAC by Bd. of Wildlife Comm’rs by R029-00, eff. 6-20-2000; A by R198-05, 2-23-2006)
DEMERIT POINTS
NAC 501.200 Schedule of demerit points. (NRS 501.105, 501.181, 501.1818)
1. A person who is convicted of a wildlife violation will be assessed demerit points pursuant to the following schedule:
|
HUNTING AND TAKING
|
|||
|
Classification of Violations |
NRS Section |
NAC Section |
Demerits |
|
|
|
|
|
|
Unlawfully shooting at a game mammal or game bird from an aircraft, helicopter or motor-driven vehicle or using such a vehicle to molest, rally, stir up or drive game mammals or game birds......................................................... |
503.010 |
----- |
12 |
|
Spotting or locating game mammals or game birds from an aircraft or helicopter and communicating that information to a person on the ground for the purpose of hunting.............. |
503.010 |
----- |
12 |
|
Unlawfully using information obtained in violation of subsection 3 of NRS 503.010 to hunt or kill game mammals or game birds......... |
503.010 |
----- |
12 |
|
Unlawfully using a helicopter to transport game, hunters or hunting equipment............................ |
503.010 |
----- |
12 |
|
Unlawfully killing or attempting to kill birds or animals from an aircraft..................................... |
503.005 |
----- |
12 |
|
Unlawfully using an aircraft, balloon, unmanned aerial vehicle or satellite to locate or observe big game mammals, game birds or fur-bearing mammals for the purpose of hunting................. |
501.385 |
503.148 |
12 |
|
Hunting or taking an endangered species without a special permit.................................................. |
503.585 |
503.093 |
12 |
|
Unlawfully killing, destroying, wounding, trapping or injuring bald eagles or golden eagles................................................................. |
503.610 |
----- |
12 |
|
Unlawfully taking bald eagles or golden eagles..... |
503.620 |
----- |
12 |
|
Taking twice the legal limit or more of big game mammals............................................................ |
501.385 |
----- |
12 |
|
Hunting or taking a threatened species.................. |
501.385 |
503.093 |
9 |
|
Unlawfully killing a fur-bearing mammal during the closed season............................................... |
503.440 |
----- |
9 |
|
Unlawfully hunting migratory waterfowl by aid of baiting........................................................... |
501.385 |
503.180 |
6 |
|
Hunting big game mammals during the closed season................................................................ |
503.090 |
----- |
6 |
|
Hunting fur-bearing mammals during the closed season................................................................ |
501.015 |
----- |
6 |
|
Hunting big game mammals in closed areas........... |
501.385 |
504.340 |
6 |
|
Hunting fur-bearing mammals in closed areas....... |
501.385 |
504.340 |
6 |
|
Unlawfully hunting in a privately owned wildlife management area............................................... |
504.140 |
----- |
6 |
|
Unlawfully hunting in a state-owned wildlife management area............................................... |
504.143 |
----- |
6 |
|
Hunting big game mammals or migratory waterfowl during prohibited hours.................... |
503.140 |
----- |
6 |
|
Unlawfully hunting game birds or game mammals with the aid of artificial light............................. |
503.150 |
----- |
6 |
|
Hunting or taking a sensitive species..................... |
501.385 |
503.093 |
6 |
|
Hunting, trapping, possessing or selling birds of prey or raptors without a permit........................ |
503.582 |
503.205 |
6 |
|
Hunting alternative livestock................................. |
503.242 |
----- |
6 |
|
Taking a game mammal of a prohibited age or with prohibited physical characteristics............. |
501.385 |
----- |
6 |
|
UNLAWFUL POSSESSION
|
|||
|
Classification of Violations |
NRS Section |
NAC Section |
Demerits |
|
|
|
|
|
|
Unlawfully possessing live wildlife that is classified as prohibited...................................... |
504.295 |
503.110 |
12 |
|
Unlawfully possessing big game mammals during the closed season............................................... |
503.030 |
----- |
12 |
|
Possessing a big game mammal or parts thereof without a tag attached thereto.......................... |
502.150 |
----- |
9 |
|
Possessing twice the legal limit or more of game birds or game mammals, other than big game... |
501.385 |
----- |
9 |
|
Possessing twice the legal limit or more of game fish..................................................................... |
501.385 |
----- |
9 |
|
Unlawfully possessing a fur-bearing mammal during the closed season................................... |
503.030 |
----- |
9 |
|
Possessing game birds or game mammals, other than big game, during the closed season........... |
503.030 |
----- |
6 |
|
Possessing fish during the closed season............... |
503.030 |
----- |
6 |
|
Possessing game birds or game mammals, other than big game, in excess of the legal limit but less than twice the legal limit............................ |
501.385 |
----- |
6 |
|
Possessing game fish in excess of the legal limit but less than twice the legal limit...................... |
501.385 |
----- |
6 |
|
Possessing a species that may not legally be possessed without a license or permit............... |
501.385 |
----- |
6 |
|
TAGS AND SEALS
|
|||
|
Classification of Violations |
NRS Section |
NAC Section |
Demerits |
|
|
|
|
|
|
Hunting big game or wild turkey without a tag..... |
502.130 |
----- |
9 |
|
Unlawfully transferring a tag to another person..... |
502.140 |
502.385 |
9 |
|
Possessing or using a tag legally issued to another person................................................................. |
502.140 |
502.385 |
9 |
|
Obtaining tags in excess of the legal limit.............. |
502.140 |
502.331 |
9 |
|
Possessing used tags or tags in excess of the legal limit.................................................................... |
502.150 |
----- |
9 |
|
Unlawfully using a tag........................................... |
502.200 |
----- |
9 |
|
Using a tag in an improper area.............................. |
502.160 |
502.385 |
6 |
|
Failing to punch a tag properly............................... |
502.160 |
502.390 |
6 |
|
Failing to attach a tag to a big game mammal in the manner prescribed by regulation.................. |
502.160 |
502.400 |
6 |
|
Hunting by a Native American off an Indian reservation without a tag................................... |
502.280 |
----- |
6 |
|
Possessing fur-bearing mammals, other than a bobcat, without a seal........................................ |
501.385 |
----- |
6 |
|
Possessing the pelt of a bobcat without a seal........ |
501.385 |
502.347 |
6 |
|
Possessing the hide of a mountain lion without a seal..................................................................... |
501.385 |
502.370 |
6 |
|
Possessing the horns of a ram bighorn sheep without a seal or brand...................................... |
501.385 |
502.345 |
6 |
|
PERMITS
|
|||
|
Classification of Violations |
NRS Section |
NAC Section |
Demerits |
|
|
|
|
|
|
Unlawfully importing or transporting a prohibited species of wildlife without a permit or license.. |
503.597 |
503.110 |
12 |
|
Collecting unprotected wildlife for commercial purposes without a permit................................. |
501.385 |
503.095 |
12 |
|
Collecting live bait fish or live aquatic bait for commercial purposes without a permit.............. |
501.385 |
503.513 |
12 |
|
Collecting unprotected fish for commercial purposes without a permit................................. |
501.385 |
503.545 |
12 |
|
Selling live bait without a permit........................... |
501.379 |
503.513 |
6 |
|
Conducting a field trial without a permit.............. |
503.200 |
503.610 |
6 |
|
Conducting a dredging operation without a permit................................................................ |
503.425 |
503.810 |
6 |
|
Possessing a raptor without a permit...................... |
503.582 |
503.205 |
6 |
|
Furnishing false information to obtain a permit..... |
502.060 |
----- |
6 |
|
Hunting swan without a swan hunt permit............ |
----- |
502.380 |
6 |
|
Transferring or giving a swan hunt permit to any other person....................................................... |
----- |
502.380 |
6 |
|
Using or possessing a swan hunt permit issued to another person................................................... |
----- |
502.380 |
6 |
|
FISHING
|
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|
Classification of Violations |
NRS Section |
NAC Section |
Demerits |
|
|
|
|
|
|
Fishing at a fish hatchery or other waters used for the purpose of rearing or growing fish.............. |
503.360 |
----- |
6 |
|
MISCELLANEOUS FISH AND GAME
|
|||
|
Classification of Violations |
NRS Section |
NAC Section |
Demerits |
|
|
|
|
|
|
Obstructing, hindering or otherwise interfering with an officer, employee or agent of the Department......................................................... |
501.385 |
----- |
12 |
|
Unlawfully selling big game mammals................... |
501.379 |
----- |
12 |
|
Unlawfully selling an endangered species.............. |
501.379 |
----- |
12 |
|
Needless waste of big game mammals.................... |
503.050 |
----- |
12 |
|
Hunting, fishing in nonnavigable waters or trapping on private property without permission |
503.240 |
----- |
9 |
|
Needless waste of game birds or game mammals, other than big game............................................ |
503.050 |
----- |
9 |
|
Unlawfully selling a threatened species.................. |
501.379 |
----- |
9 |
|
Unlawfully selling game other than big game mammals............................................................. |
501.379 |
----- |
6 |
|
Unlawfully selling a sensitive or protected species. |
501.379 |
----- |
6 |
|
Unlawfully selling game fish.................................. |
501.381 |
----- |
6 |
|
Needless waste of game fish................................... |
503.050 |
----- |
6 |
|
Unlawfully carrying a loaded rifle or shotgun in vehicle................................................................ |
503.165 |
----- |
6 |
|
Unlawfully discharging a firearm........................... |
503.175 |
----- |
6 |
|
Failing to retain the cape or scalp and any antlers or horns of wildlife............................................. |
501.385 |
503.173 |
6 |
|
Destroying or mutilating signs of the Department.. |
501.383 |
----- |
6 |
|
Polluting water........................................................ |
503.430 |
----- |
6 |
|
Removing, altering or tampering with a tag placed on wildlife or on seized equipment.................... |
501.377 |
----- |
6 |
|
Commercial taking of crayfish, except in accordance with a permit issued pursuant to NAC 503.540..................................................... |
501.385 |
503.540 |
6 |
|
Intentionally interfering with a person lawfully hunting or trapping............................................. |
503.015 |
----- |
6 |
|
Failing to make a reasonable effort to retrieve dead or crippled migratory waterfowl............... |
501.385 |
503.180 |
6 |
|
CATEGORY E FELONIES AND GROSS MISDEMEANORS
|
|||
|
Classification of Violations |
NRS Section |
NAC Section |
Demerits |
|
|
|
|
|
|
Conviction of a felony for intentionally killing a big game mammal, including aiding and abetting a person in the commission of the killing................................................................. |
501.376 |
----- |
12 |
|
Conviction of a gross misdemeanor for intentionally killing a big game mammal, including aiding and abetting a person in the commission of the killing.................................. |
501.376 |
----- |
12 |
|
Conviction of a gross misdemeanor for willfully possessing an unlawfully killed big game mammal............................................................. |
501.376 |
----- |
12 |
|
Acting as a master guide or subguide without a license................................................................ |
504.395 |
----- |
12 |
|
Furnishing false information to obtain a big game tag...................................................................... |
502.060 |
----- |
12 |
|
TRAPPING
|
|||
|
Classification of Violations |
NRS Section |
NAC Section |
Demerits |
|
|
|
|
|
|
Unlawfully capturing a raptor with a steel leghold trap placed, set or maintained within 30 feet of exposed bait....................................................... |
501.385 |
503.157 |
6 |
|
Trapping in a closed area........................................ |
501.385 |
504.340 |
6 |
|
Unlawfully removing or disturbing a trap, snare or similar device lawfully being used by another person................................................................ |
503.454 |
----- |
6 |
|
Trapping fur-bearing mammals during closed season................................................................ |
503.440 |
----- |
6 |
|
Trapping birds of prey or raptors without a permit or by unlawful means........................................ |
503.582 |
503.205 |
6 |
|
Failing to visit traps, snares or similar devices 48 or more hours after the required period for visitation............................................................ |
503.570 |
503.152 |
6 |
|
LICENSES
|
|||
|
Classification of Violations |
NRS Section |
NAC Section |
Demerits |
|
|
|
|
|
|
Refusing to exhibit a license, wildlife, weapon, ammunition, device or apparatus....................... |
502.120 |
----- |
12 |
|
Hunting without having procured a license............ |
502.010 |
----- |
6 |
|
Fishing without having procured a license............. |
502.010 |
----- |
6 |
|
Hunting without a license in possession................. |
502.120 |
----- |
6 |
|
Fishing without a license in possession................... |
502.120 |
----- |
6 |
|
Furnishing false information to obtain a license..... |
502.060 |
----- |
6 |
|
Furnishing of false information by a person serving in the Armed Forces of the United States to obtain a specialty combination hunting and fishing license................................ |
502.290 |
502.220 |
6 |
|
Unlawfully transferring a license to another person |
502.100 |
----- |
6 |
|
Unlawfully using a license of another person......... |
502.100 |
----- |
6 |
|
Obtaining more than one license of each class....... |
502.110 |
----- |
6 |
|
Altering a license.................................................... |
502.105 |
----- |
6 |
|
Practicing falconry without a license...................... |
503.583 |
503.235 |
6 |
|
Operating as a fur dealer without a license............. |
505.010 |
----- |
6 |
|
Trapping without having procured a license........... |
502.010 |
----- |
6 |
|
Taking fur-bearing mammals, trapping unprotected mammals or selling raw furs for profit without having procured a license................................... |
503.454 |
----- |
6 |
|
Trapping without a license in possession................ |
502.120 |
----- |
6 |
|
Hunting, fishing or trapping using a license that is invalid by reason of expiration or a false statement made to obtain the license................. |
502.060 |
----- |
6 |
|
Operating a shooting preserve without a license.... |
504.310 |
----- |
6 |
|
Performing taxidermal services without a license... |
502.370 |
502.435 |
6 |
|
Obtaining a hunting license without obtaining certification as a responsible hunter................... |
502.360 |
----- |
6 |
2. A person who is convicted of committing a wildlife violation that does not appear in the schedule set forth in subsection 1 will be assessed 3 demerit points.
3. A person who is convicted of committing a wildlife violation within 60 months after a conviction for the same violation will be assessed double the amount of demerit points listed in the schedule set forth in subsection 1.
4. A person who is convicted of committing any four wildlife violations arising out of separate events within a 60-month period will be assessed an extra 12 demerit points.
(Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-7-96; A by R168-99, 1-19-2000; R077-00, 8-18-2000; R137-03, 1-20-2004; R176-03, 4-8-2004; R126-06, 9-18-2006; R107-05, 9-18-2007; R054-11, 12-30-2011; R090-13, 12-23-2013; R088-14, 6-28-2016; R145-15, 9-9-2016; R029-17, 12-19-2017)
NAC 501.210 Revocation of license, permit or privilege upon accumulation of 12 demerit points. (NRS 501.105, 501.181, 501.1818) The Department will revoke any hunting, fishing or trapping license, permit or privilege issued to a person pursuant to title 45 of NRS if that person accumulates 12 or more demerit points within the 60-month period preceding his or her most recent wildlife conviction and will refuse to issue a new license, permit or privilege to that person for:
1. Three years, if the demerits are accumulated within a 42-month period and are not assessed because of a conviction of a felony or gross misdemeanor for a violation of NRS 501.376;
2. Two years, if the demerits are accumulated within a 60-month period and are not assessed because of a conviction of a felony or gross misdemeanor for a violation of NRS 501.376;
3. Ten years, if the demerits are assessed because of a conviction of a felony for a violation of NRS 501.376; or
4. Five years, if the demerits are assessed because of a conviction of a gross misdemeanor for a violation of NRS 501.376.
(Added to NAC by Bd. of Wildlife Comm’rs, eff. 11-7-96; A by R077-00, 8-18-2000; R107-05, 9-18-2007)
WILDLIFE HERITAGE ACCOUNT
NAC 501.300 Application for money from Account: Submission; contents; prerequisites to consideration. (NRS 501.3575)
1. A person, citizens’ organization or local, state or federal governmental agency, including, without limitation, the Department and a county advisory board to manage wildlife, may apply for money from the Account to fund a conservation project.
2. A person, citizens’ organization or governmental agency who desires to submit an application for funding from the Account for a conservation project must submit an application on the form prescribed by the Commission. Such an application must include, without limitation:
(a) A brief description of the project;
(b) A map which shows the location of the project and which includes, without limitation, the title of the project, a scale of the map, the date the map was created and a north arrow;
(c) A legal description of the property on which the proposed project is to be located that includes, without limitation, the address of the property, access roads, township, range and section;
(d) A plan for development of the site, if relevant;
(e) A breakdown of costs and documentation of all hours to be worked by volunteers and of any equipment that will be donated; and
(f) Any additional information required by the Commission.
3. For a conservation project to be considered for funding for the next fiscal year, an application for the project must be substantially completed and received by the Secretary of the Commission at the headquarters of the Department between January 1 and March 1. If, at any other time of the year, the Commission determines that money is available to fund an additional project, the Commission may do one or more of the following:
(a) Request;
(b) Accept; or
(c) Approve,
Ê applications at such time for conservation projects which are urgent and which present unique opportunities.
(Added to NAC by Bd. of Wildlife Comm’rs by R066-00, eff. 8-18-2000)
NAC 501.310 Application for money from Account: Review and recommendations. (NRS 501.3575) Upon receipt of an application, the Department shall review the application, complete the portions of the application the Department is required to complete and send the application to the Wildlife Heritage Committee of the Commission and to each county advisory board to manage wildlife for review and comment before April 15 of each year. The Wildlife Heritage Committee of the Commission shall prepare its recommendations for funding and present such recommendations for public comment and approval by the Commission at the first meeting of the Commission after April 30 of each year.
(Added to NAC by Bd. of Wildlife Comm’rs by R066-00, eff. 8-18-2000)
NAC 501.320 Application for money from Account: Priorities for approval. (NRS 501.3575) The Commission will review the applications and decide which conservation projects will receive money from the Account during the next fiscal year. The Commission will give priority to conservation projects that:
1. Have additional sources of money to fund the project;
2. Involve habitat restoration and improvement of a long-term or permanent nature; and
3. Demonstrate a need for money to fund the project.
(Added to NAC by Bd. of Wildlife Comm’rs by R066-00, eff. 8-18-2000)
NAC 501.330 Duties of Secretary of Commission. (NRS 501.3575)
1. On or before November 1 of each year, the Secretary of the Commission shall make available to the public the application form described in NAC 501.300.
2. On or before the first meeting of the Commission after January 31 of each year, the Secretary of the Commission shall provide to the Commission an accounting of:
(a) Seventy-five percent of the amount of money deposited in the Account during the previous calendar year; and
(b) All interest earned on the Account during that year.
(Added to NAC by Bd. of Wildlife Comm’rs by R066-00, eff. 8-18-2000; A by R111-05, 10-31-2005)
NAC 501.340 Duties of person managing or supervising conservation project; time for completion; cancellation of funding. (NRS 501.3575)
1. A person who is responsible for managing or supervising a conservation project that is approved by the Commission shall:
(a) Enter into an agreement prescribed by the Department and approved by the Commission for the receipt of a grant of money from the Account;
(b) Comply with all local, state and federal laws when executing the project;
(c) Coordinate all relevant sources of money for the project;
(d) Submit written requests for money in accordance with the policy of the Department before receiving a payment from the Account; and
(e) Upon request of the Commission, allow the Commission or a representative of the Commission who has been designated by the Commission for such a purpose to observe any activity related to the project.
2. A conservation project that receives money from the Account must be completed by the end of the fiscal year for which money is awarded from the Account for the project, unless, before that date, a person who is responsible for managing or supervising the project demonstrates that unusual circumstances exist which require an extension of time and the Commission approves such an extension.
3. If a person who is responsible for managing or supervising a project fails to meet any requirement of subsection 1, the Commission may cancel funding of the project and disqualify the project from any future funding.
(Added to NAC by Bd. of Wildlife Comm’rs by R066-00, eff. 8-18-2000; A by R022-12, 9-14-2012)
GRANT PROGRAM FOR WILDLIFE RESTORATION ACTIVITIES AND WILDLIFE RESEARCH
NAC 501.400 Solicitation of applications; eligibility; funding sources for grants. (NRS 501.105, 501.115, 501.117, 501.181)
1. The Department shall administer a grant program to provide funding to facilitate wildlife restoration activities and wildlife research.
2. The Department may solicit applications for grants by giving public notice of the availability of grants and the deadlines. Public notice given pursuant to this section must include, without limitation, the criteria for receiving a grant, reporting and recordkeeping requirements for applicants that have received a grant and any other information relating to the grant program that the Department determines is necessary.
3. An application for a grant may be submitted to the Department by a federal, state or local governmental entity or a private nonprofit organization.
4. The program will be administered with the following money received by the Department:
(a) Federal grants from the United States Fish and Wildlife Service, the United States Coast Guard, the United States Bureau of Land Management and the United States Bureau of Reclamation pursuant to NRS 501.115 and 501.117;
(b) Money deposited in the Wildlife Heritage Account pursuant to NRS 501.3575;
(c) Money received for Dream Tag fees pursuant to NRS 502.219;
(d) Resource enhancement stamp fees collected pursuant to NRS 502.222;
(e) Fees collected for processing applications for game tags pursuant to NRS 502.253;
(f) Fees deposited pursuant to NRS 502.294;
(g) Fees for any projects for waterfowl deposited pursuant to NRS 502.310;
(h) Fees for the trout program deposited pursuant to NRS 502.3262;
(i) Permit fees collected pursuant to NRS 502.390; and
(j) If applicable, any other money received for development projects with potential impacts to wildlife as determined by the United States Fish and Wildlife Service or any other agency within the United States Department of the Interior.
(Added to NAC by Bd. of Wildlife Comm’rs by R141-13, eff. 3-28-2014; A by R029-17, 12-19-2017)
