[Rev. 11/21/2013 12:15:52
PM--2013]
CHAPTER 504 - MANAGEMENT AND PROPAGATION
WILDLIFE MANAGEMENT AREAS
NRS 504.140 Agreements
with landowners; closed zones; limitation on number of hunters and anglers.
NRS 504.143 Creation
and maintenance by Commission; power to permit access to and use of area;
regulations.
NRS 504.147 Leases
of grazing rights and sales of agricultural products by Department. [Effective
until the conveyance of the Carson Lake Pasture to the State of Nevada.]
NRS 504.147 Leases
of grazing rights and sales of agricultural products by Department. [Effective
upon the conveyance of the Carson Lake Pasture to the State of Nevada.]
PREVENTION AND MITIGATION OF DAMAGE CAUSED BY CERTAIN GAME
MAMMALS
NRS 504.155 Receipt
of money by Department; accounting and disbursement.
NRS 504.165 Disbursement
of money: Regulations of Commission; proof required from claimant.
NRS 504.175 Reports
to Legislature. [Repealed.]
NRS 504.185 Inapplicability
to certain alternative livestock and game mammals.
CAPTURE, SEIZURE OR DESTRUCTION OF RELEASED OR ESCAPED
WILDLIFE
NRS 504.245 Authority
and immunity of Department; duty and liability of owner or possessor of
wildlife.
POSSESSION OF LIVE WILDLIFE
NRS 504.295 Prohibited
acts; regulations; licenses; inapplicability to alternative livestock.
SHOOTING PRESERVES FOR UPLAND GAME BIRDS
NRS 504.300 Establishment
of commercial or private shooting preserve.
NRS 504.310 License:
Application; issuance; fee.
NRS 504.320 Rules
and regulations governing species that may be taken.
NRS 504.330 Shooting
hours on preserves.
NRS 504.340 Private
preserves open to public during regular open season; charge may be made.
NRS 504.350 Invoices
for birds taken.
NRS 504.360 Records
and reports of licensees; inspections.
NRS 504.370 Rules
and regulations for operation and maintenance of preserves.
NRS 504.380 Penalties.
HUNTING AND FISHING GUIDES
NRS 504.390 Licensing;
records; regulations. [Effective until the date of the repeal of 42 U.S.C. §
666, the federal law requiring each state to establish procedures for
withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
NRS 504.390 Licensing;
records; regulations. [Effective on the date of the repeal of 42 U.S.C. § 666,
the federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational licenses
for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.]
NRS 504.393 Submission
of certain information regarding holder of license to Division of Welfare and
Supportive Services of Department of Health and Human Services. [Effective
until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each
state to establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
NRS 504.395 Acting
as guide without license; penalty; forfeiture; revocation.
NRS 504.397 Compensation
of master guide or subguide; proof of licensure; penalty.
NRS 504.398 Suspension
of license for failure to pay child support or comply with certain subpoenas or
warrants; reinstatement of license. [Effective until the date of the repeal of
42 U.S.C. § 666, the federal law requiring each state to establish procedures
for withholding, suspending and restricting the professional, occupational and
recreational licenses for child support arrearages and for noncompliance with
certain processes relating to paternity or child support proceedings.]
PRESERVATION OF WILD HORSES
NRS 504.490 Unlawful
acts; penalty.
_________
WILDLIFE MANAGEMENT AREAS
NRS 504.140 Agreements with landowners; closed zones; limitation on number
of hunters and anglers.
1. The Department is authorized, subject
to approval by the Commission, to enter into agreements with landowners,
individually or in groups, to establish wildlife management areas and to
enforce regulations necessary thereto for the purpose of providing greater
areas for the public to hunt or fish on private lands and to protect the landowner
or lessee from damage due to trespass or excessive hunting or fishing pressure.
2. Such an agreement must require that the
Department designate certain portions of the area as closed zones for the
protection of livestock, buildings, persons and other properties.
3. The zones must be posted conspicuously
along all boundaries and it is unlawful to hunt, fish or trespass therein or to
hunt or fish on any cooperative area contrary to the regulations provided.
4. The agreement may designate the number
of hunters or anglers who may be admitted to the area, if such limitation is
necessary or desirable.
[10.1:101:1947; added 1951, 544]—(NRS A 1969, 1368; 1993, 1677; 2003, 1552)
NRS 504.143 Creation and maintenance by Commission; power to permit access
to and use of area; regulations.
1. To effectuate a coordinated and
balanced program resulting in the maximum revival of wildlife in the State and
in the maximum recreational advantages to the people of the State, the
Commission has created and maintains state-owned wildlife management areas,
and, in cooperation with the United States Fish and Wildlife Service, the
Department of Interior and other federal agencies, has created and maintains
other cooperative wildlife management areas.
2. The Commission may permit hunting,
fishing or trapping on or within, or access to, occupancy and use of, areas so
created and maintained.
3. The Commission may by regulation:
(a) Establish, extend, shorten or abolish open
seasons and closed seasons within such areas.
(b) Establish, change or abolish bag and creel
limits and possession limits in such areas.
(c) Prescribe the manner and the means of taking
wildlife in such areas.
(d) Establish, change or abolish restrictions in
such areas based upon sex, maturity or other physical distinctions.
(Added to NRS by 1959, 87; A 1969, 1368)
NRS 504.147 Leases of grazing rights and sales of agricultural products by
Department. [Effective until the conveyance of the Carson Lake Pasture to the
State of Nevada.]
1. The Department may, if such leases or
sales do not interfere with the use of such real property for wildlife
management or for hunting or fishing thereon:
(a) Lease, for a term not exceeding 5 years,
grazing or pasturage rights in and to real property which is assigned to the
Department for administration.
(b) Sell crops or agricultural products of
whatever kind produced on such real property.
2. Except as otherwise provided in
subsection 3, whenever the Department intends to lease grazing or pasturage
rights or to sell or offer for sale agricultural products as provided in
subsection 1, the Department may do so only by advertising for bids, reserving
in such advertising the right to reject any or all bids.
3. The Department may enter into such a
lease with or make such a sale to a state agency without advertising for bids
if the rent agreed to be paid for the lease or the sale price agreed to be paid
for any agricultural commodities to be sold is, in the opinion of the
Department, equal to the amount that would be obtained by advertising for bids.
4. If the Department finds that the
highest or best bid is less than the amount that should be paid, the Department
may reject all bids and negotiate with interested persons for such lease or
sale, but shall not accept any negotiated price if it is less in amount than
the highest bid tendered for the same lease or sale.
5. If the deed to real property assigned
to the Department for administration contains a covenant or provision giving to
the grantor an option to meet the highest bid for any lease by the Department
of grazing or pasturage rights to the real property or the sale of agricultural
products from it, the Department shall comply with the terms of the covenant or
provision in the deed.
(Added to NRS by 1961, 665; A 1969, 1549; 1979, 901; 1993, 447, 1677; 1995, 521; 2003, 1553)
NRS 504.147 Leases of grazing rights
and sales of agricultural products by Department. [Effective upon the
conveyance of the Carson Lake Pasture to the State of Nevada.] Except as otherwise provided in a special act
pertaining to a particular area:
1. The Department may, if such leases or
sales do not interfere with the use of such real property for wildlife
management or for hunting or fishing thereon:
(a) Lease, for a term not exceeding 5 years,
grazing or pasturage rights in and to real property which is assigned to the
Department for administration.
(b) Sell crops or agricultural products of
whatever kind produced on such real property.
2. Except as otherwise provided in
subsection 3, whenever the Department intends to lease grazing or pasturage rights
or to sell or offer for sale agricultural products as provided in subsection 1,
the Department may do so only by advertising for bids, reserving in such
advertising the right to reject any or all bids.
3. The Department may enter into such a
lease with or make such a sale to a state agency without advertising for bids
if the rent agreed to be paid for the lease or the sale price agreed to be paid
for any agricultural commodities to be sold is, in the opinion of the
Department, equal to the amount that would be obtained by advertising for bids.
4. If the Department finds that the
highest or best bid is less than the amount that should be paid, the Department
may reject all bids and negotiate with interested persons for such lease or
sale, but shall not accept any negotiated price if it is less in amount than
the highest bid tendered for the same lease or sale.
5. If the deed to real property assigned
to the Department for administration contains a covenant or provision giving to
the grantor an option to meet the highest bid for any lease by the Department
of grazing or pasturage rights to the real property or the sale of agricultural
products from it, the Department shall comply with the terms of the covenant or
provision in the deed.
(Added to NRS by 1961, 665; A 1969, 1549; 1979, 901; 1993, 447, 1677; 1995, 521; 2003, 1553,
effective upon the conveyance of the Carson Lake Pasture to the State of
Nevada)
PREVENTION AND MITIGATION OF DAMAGE CAUSED BY CERTAIN GAME
MAMMALS
NRS 504.155 Receipt of money by Department; accounting and disbursement. All gifts, grants, fees and appropriations of
money received by the Department for the prevention and mitigation of damage
caused by elk or game mammals not native to this State, and the interest and
income earned on the money, less any applicable charges, must be accounted for
separately within the Wildlife Fund Account and may only be disbursed as
provided in the regulations adopted pursuant to NRS
504.165.
(Added to NRS by 1989, 2020; A 1991, 268; 1993, 1678; 2003, 1553; 2011, 3154)
NRS 504.165 Disbursement of money: Regulations of Commission; proof required
from claimant.
1. The Commission shall adopt regulations
governing the disbursement of money to:
(a) Prevent or mitigate damage to private property
and privately maintained improvements, including, without limitation, fences;
(b) Prevent or mitigate damage to fences on
public lands;
(c) Construct fences around sources of water on
private lands or public lands where there has been damage to the area near such
sources of water; and
(d) Compensate persons for grazing reductions and
the loss of stored and standing crops,
Ê caused by
elk or game mammals not native to this State.
2. The regulations must contain:
(a) Requirements for the eligibility of those
persons claiming damage to private property, privately maintained improvements,
fences on public lands or areas near sources of water on public lands to
receive money or materials from the Department, including:
(1) A requirement that such a person enter
into a cooperative agreement with the Director for purposes related to this
title; and
(2) A requirement that if the claim is for
money or materials from the Department for the construction of a fence around a
source of water on private land or public land, such a person must:
(I) Conduct a physical inspection of
the private land or public land upon which the fence is proposed to be
constructed to determine the most effective manner in which to protect the
source of water and to determine the most effective manner in which to provide
access to a source of water for livestock and wildlife that is located outside
the fence and within a reasonable distance from the fence;
(II) Conduct the inspection
described in sub-subparagraph (I) in consultation with the persons or entities
which will be directly affected by the construction of the fence, including,
without limitation, an owner of the private land on which the fence is proposed
to be constructed, a governmental entity that manages the public land on which
the fence is proposed to be constructed, a holder of a permit to graze
livestock on the public land, if applicable, and a person who holds a water
right which will be directly affected by the construction of the fence; and
(III) Enter into a cooperative
agreement with the persons and entities described in sub-subparagraph (II) for
purposes related to the construction of the fence in accordance with the
results of the inspection conducted pursuant to this subparagraph.
(b) Procedures for the formation of local panels
to assess damage caused by elk or game mammals not native to this State and to
determine the value of a loss claimed if the person claiming the loss and the
Department do not agree on the value of the loss.
(c) Procedures for the use on private property or
public lands of materials purchased by the State to prevent damage caused by
elk or game mammals not native to this State.
(d) Any other regulations necessary to carry out
the provisions of this section and NRS 504.155.
3. The regulations must:
(a) Provide for the payment of money or other
compensation to cover the costs of labor and materials necessary to:
(1) Prevent or mitigate damage to private
property, privately maintained improvements and fences on public lands caused
by elk or game mammals not native to this State; and
(2) Construct fences around sources of
water on private or public lands if:
(I) Elk or game mammals not native
to this State have caused damage to the area near such sources of water; and
(II) A source of water for livestock
and wildlife is available outside such a fence and within a reasonable distance
from such a fence or will be made available at such a location.
(b) Prohibit a person who has, within a
particular calendar year, applied for or received a special incentive elk tag
pursuant to NRS 502.142 from applying,
within the same calendar year, for compensation pursuant to this section for
the same private land.
4. Money may not be disbursed to a
claimant pursuant to this section unless the claimant shows by a preponderance
of the evidence that the damage for which the claimant is seeking compensation
was caused solely by elk or game mammals not native to this State.
5. As used in this section, “public lands”
means all lands within the exterior boundaries of the State of Nevada except
lands:
(a) To which title is held by any private person
or entity;
(b) To which title is held by the State of
Nevada, any of its local governments or the Nevada System of Higher Education;
(c) Which are located within congressionally
authorized national parks, monuments, national forests or wildlife refuges, or
which are lands acquired by purchase consented to by the Legislature;
(d) Which are controlled by the United States
Department of Defense, Department of Energy or Bureau of Reclamation; or
(e) Which are held in trust for Indian purposes
or are Indian reservations.
(Added to NRS by 1989, 2020; A 1991, 269; 1993, 1678; 1997, 1380; 1999, 437; 2003, 512, 1554; 2013, 1629)
NRS 504.175 Reports to Legislature. Repealed.
(See chapter 337, Statutes of Nevada 2013, at page 1634.)
NRS 504.185 Inapplicability to certain alternative livestock and game
mammals. The provisions of NRS 504.155 to 504.185,
inclusive, do not apply to:
1. Alternative livestock; or
2. Game mammals not native to this State,
Ê that are
held in captivity for purposes other than as required by the Department.
(Added to NRS by 1993, 431; A 1995, 514; 2003, 1554)
CAPTURE, SEIZURE OR DESTRUCTION OF RELEASED OR ESCAPED
WILDLIFE
NRS 504.245 Authority and immunity of Department; duty and liability of
owner or possessor of wildlife.
1. Any species of wildlife, including
alternative livestock, that:
(a) Is released from confinement without the
prior written authorization of the Department; or
(b) Escapes from the possessor’s control,
Ê may be
captured, seized or destroyed by the Department if the Department determines
that such actions are necessary to protect wildlife and the habitat of wildlife
in this State.
2. The owner or possessor of such
wildlife:
(a) Shall report its escape immediately after
receiving knowledge of the escape; and
(b) Is liable for the costs incurred by the
Department to capture, maintain and dispose of the wildlife and for any damage
caused by the wildlife.
3. The Department is not liable for any
damage to wildlife, or caused by wildlife, in carrying out the provisions of
this section.
(Added to NRS by 1993, 432; A 1995, 514; 2003, 1555)
POSSESSION OF LIVE WILDLIFE
NRS 504.295 Prohibited acts; regulations; licenses; inapplicability to
alternative livestock.
1. Except as otherwise provided in this
section and NRS 503.590, or unless
otherwise specified by a regulation adopted by the Commission, no person may:
(a) Possess any live wildlife unless the person
is licensed by the Department to do so.
(b) Capture live wildlife in this State to stock
a commercial or noncommercial wildlife facility.
(c) Possess or release from confinement any
mammal for the purposes of hunting.
2. The Commission shall adopt regulations
for the possession of live wildlife. The regulations must set forth the species
of wildlife which may be possessed and propagated, and provide for the
inspection by the Department of any related facilities.
3. In accordance with the regulations of
the Commission, the Department may issue commercial and noncommercial licenses
for the possession of live wildlife upon receipt of the applicable fee.
4. The provisions of this section do not
apply to alternative livestock and products made therefrom.
(Added to NRS by 1987, 563; A 1993, 432, 1679; 1995, 514; 2003, 1555)
SHOOTING PRESERVES FOR UPLAND GAME BIRDS
NRS 504.300 Establishment of commercial or private shooting preserve. Any person who owns or controls the shooting
rights or privileges on an enclosed tract of land may establish a commercial or
private shooting preserve for the propagation, culture and maintenance of
upland game birds pursuant to the provisions of this chapter and commission
regulations.
[Part 83.1:101:1947; added 1951, 443]—(NRS A 1957,
262; 1969, 1372; 1981, 610)
NRS 504.310 License: Application; issuance; fee.
1. Before being entitled to the benefits
of any commercial or private shooting preserve, the owner or proprietor thereof
must make application to the Department. The application must set forth:
(a) The name and location of the shooting
preserve.
(b) A legal description of the area included in
the preserve.
(c) A statement whether the preserve is to be a
commercial or private preserve.
(d) If the application is for a commercial
shooting preserve, a statement of fees that are to be collected for the
privilege of shooting on the preserve.
2. If, after investigation, the Department
is satisfied that the tract is suitable for the purpose, and that the
establishment of such a preserve will not conflict with the public interest,
the Department may issue a commercial or private shooting preserve license upon
the payment of a license fee as provided in NRS
502.240.
[Part 83.1:101:1947; added 1951, 443]—(NRS A 1969,
1372; 1993,
1679; 2003,
1555)
NRS 504.320 Rules and regulations governing species that may be taken. The Commission may establish rules and
regulations governing the species of upland game birds that may be taken on a commercial
or private shooting preserve.
[Part 83.1:101:1947; added 1951, 443]—(NRS A 1957,
262; 1959, 86; 1969, 1373; 1993, 1679; 2003, 1556, 2552)
NRS 504.330 Shooting hours on preserves. Shooting
hours for the areas licensed under NRS 504.300 to 504.380, inclusive, shall be the same as those fixed
by the Commission for upland game throughout the State.
[Part 83.1:101:1947; added 1951, 443]
NRS 504.340 Private preserves open to public during regular open season;
charge may be made. Any private
shooting preserve licensed under NRS 504.300 to 504.380, inclusive, shall not be closed to the general
public during the regular open season, but a charge may be made for hunting on
such preserve during the regular open season.
[Part 83.1:101:1947; added 1951, 443]—(NRS A 1957,
263)
NRS 504.350 Invoices for birds taken.
1. No game bird taken in accordance with
the provisions of NRS 504.300 to 504.380, inclusive, may be removed from the licensed
premises until the licensee or the licensee’s agent has attached thereto an
invoice, signed by the licensee or the licensee’s agent, stating:
(a) The number of the licensee’s license.
(b) The name of the shooting preserve.
(c) The date that the birds were killed.
(d) The kind and number of such birds.
(e) The name and address of the hunter killing
such birds.
2. The invoice must authorize transportation
and use of the birds.
3. Within 1 week thereafter, the licensee
or the licensee’s agent shall mail, postpaid, a duplicate of the invoice to the
Department.
[Part 83.1:101:1947; added 1951, 443]—(NRS A 1957,
263; 1969, 1373; 1993,
1679; 2003,
1556)
NRS 504.360 Records and reports of licensees; inspections. Every licensee of a commercial or private
shooting preserve under this chapter shall keep records and make an annual
report to the Department of the number of birds released and the number of
birds killed on the preserve. The report must be verified by the affidavit of
the licensee or the licensee’s agent. The record must be continuous and kept on
the premises described in the application for license, and the licensee shall
allow any person authorized to enforce the provisions of this Title to enter
such premises and inspect the licensee’s operations and records at all
reasonable hours.
[Part 83.1:101:1947; added 1951, 443]—(NRS A 1969,
1373; 1993,
1680; 2003,
1556)
NRS 504.370 Rules and regulations for operation and maintenance of
preserves.
1. The Commission is authorized to
prescribe rules and regulations for the operation and maintenance of commercial
and private shooting preserves so as to provide for the manner of taking, possession
and disposal of game birds therefrom, the kind and type of records to be kept
by the licensee and the manner of enclosing and posting the licensed premises,
not inconsistent with the provisions of NRS 504.300
to 504.380, inclusive.
2. No rules and regulations shall be
prescribed by the Commission fixing the daily bag limit on such birds.
[Part 83.1:101:1947; added 1951, 443]—(NRS A 1957,
263; 1969, 1373)
NRS 504.380 Penalties. The
violation of any of the provisions of NRS 504.300
to 504.370, inclusive, or the rules and regulations
prescribed by the Commission is punishable in accordance with the provisions of
NRS 501.385, and in addition thereto
any license issued under the provisions of NRS 504.300
to 504.370, inclusive, may be revoked by the
Commission or by a court of competent jurisdiction for the balance of the
license term, and no new license may be issued during the same license year.
[Part 83.1:101:1947; added 1951, 443]
HUNTING AND FISHING GUIDES
NRS 504.390 Licensing; records; regulations. [Effective until the date of
the repeal of 42 U.S.C. § 666, the federal law requiring each state to
establish procedures for withholding, suspending and restricting the
professional, occupational and recreational licenses for child support
arrearages and for noncompliance with certain processes relating to paternity
or child support proceedings.]
1. As used in this section, unless the
context otherwise requires:
(a) “Compensation” means any remuneration given
in exchange for providing guide service which is predicated on a business
relationship between the parties. The term does not include any reimbursement
for shared trip expenses, including, without limitation, expenses for gasoline,
food or any other costs that are generally associated with persons who are
engaging in recreational hunting or fishing together.
(b) “Guide” means to assist another person for
compensation in hunting wild mammals or wild birds and fishing and includes the
transporting of another person or the person’s equipment to hunting and fishing
locations within a general hunting and fishing area whether or not the guide
determines the destination or course of travel.
2. Each person who provides guide service
for compensation or provides guide service as an incidental service to
customers of any commercial enterprise, whether a direct fee is charged for the
guide service or not, must obtain a master guide license from the Department.
Such a license must not be issued to any person who has not reached 21 years of
age.
3. Except as otherwise provided in this
subsection, each person who assists a person who is required to have a master
guide license and acts as a guide in the course of that activity must obtain a
subguide license from the Department. Such a license must not be issued to any
person who has not reached 18 years of age. The provisions of this subsection
do not apply to a person who:
(a) Is employed by or assists a person who holds
a master guide license solely for the purpose of cooking, cutting wood, caring
for, grooming or saddling livestock, or transporting a person by motor vehicle
to or from a public facility for transportation, including, without limitation,
a public airport.
(b) Holds a master guide license which authorizes
the person to provide services for the same species and in the same areas as
the guide who employs him or her or requests the person’s assistance and has
submitted to the Department a notarized statement which indicates that the
person is employed by or provides assistance to the guide. The statement must
be signed by both guides.
4. Fees for master guide and subguide
licenses must be as provided in NRS 502.240.
5. Any person who desires a master guide
license must apply for the license on a form prescribed and furnished by the
Department. The application must contain the social security number of the
applicant and such other information as the Commission may require by
regulation. If that person was not licensed as a master guide during the
previous licensing year, the person’s application must be accompanied by a
nonrefundable fee of $1,500.
6. Any person who desires a subguide
license must apply for the license on a form prescribed and furnished by the
Department. If that person was not licensed as a subguide during the previous
licensing year, the person’s application must be accompanied by a nonrefundable
fee of $50.
7. It is unlawful for the holder of a
master guide license to operate in any area where a special use permit is
required without first obtaining a permit unless the holder is employed by or
providing assistance to a guide pursuant to subsection 3.
8. The holder of a master guide license
shall maintain records of the number of hunters and anglers served, and any
other information which the Department may require concerning fish and game
taken by such persons. The information must be furnished to the Department on
request.
9. If any licensee under this section, or
person served by a licensee, is convicted of a violation of any provision of
this title or chapter 488 of NRS, the
Commission may revoke the license of the licensee and may refuse issuance of
another license to the licensee for a period not to exceed 5 years.
10. The Commission may adopt regulations
covering the conduct and operation of a guide service.
11. The Department may issue master guide
and subguide licenses that are valid only in certain management areas,
management units or administrative regions in such a manner as may be
determined by the regulations of the Commission.
[Part 84:101:1947; A 1949, 292; 1943 NCL §
3035.84]—(NRS A 1969, 1374; 1971, 577; 1985, 1353; 1987, 1454; 1989, 1781; 1991, 269, 1576; 1993, 1680; 1997, 2087; 2003, 1556, 2552; 2005, 1312; 2009, 446)
NRS 504.390 Licensing; records;
regulations. [Effective on the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain
processes relating to paternity or child support proceedings.]
1. As used in this section, unless the
context otherwise requires:
(a) “Compensation” means any remuneration given
in exchange for providing guide service which is predicated on a business
relationship between the parties. The term does not include any reimbursement
for shared trip expenses, including, without limitation, expenses for gasoline,
food or any other expenses that are generally associated with persons who are
engaging in recreational hunting or fishing together.
(b) “Guide” means to assist another person for
compensation in hunting wild mammals or wild birds and fishing and includes the
transporting of another person or the person’s equipment to hunting and fishing
locations within a general hunting and fishing area whether or not the guide
determines the destination or course of travel.
2. Each person who provides guide service
for compensation or provides guide service as an incidental service to customers
of any commercial enterprise, whether a direct fee is charged for the guide
service or not, must obtain a master guide license from the Department. Such a
license must not be issued to any person who has not reached 21 years of age.
3. Except as otherwise provided in this
subsection, each person who assists a person who is required to have a master
guide license and acts as a guide in the course of that activity must obtain a
subguide license from the Department. Such a license must not be issued to any
person who has not reached 18 years of age. The provisions of this subsection
do not apply to a person who:
(a) Is employed by or assists a person who holds
a master guide license solely for the purpose of cooking, cutting wood, caring
for, grooming or saddling livestock, or transporting a person by motor vehicle
to or from a public facility for transportation, including, without limitation,
a public airport.
(b) Holds a master guide license which authorizes
the person to provide services for the same species and in the same areas as
the guide who employs him or her or requests the person’s assistance and has
submitted to the Department a notarized statement which indicates that the
person is employed by or provides assistance to the guide. The statement must
be signed by both guides.
4. Fees for master guide and subguide
licenses must be as provided in NRS 502.240.
5. Any person who desires a master guide
license must apply for the license on a form prescribed and furnished by the
Department. The application must contain such information as the Commission may
require by regulation. If that person was not licensed as a master guide during
the previous licensing year, the person’s application must be accompanied by a
nonrefundable fee of $1,500.
6. Any person who desires a subguide
license must apply for the license on a form prescribed and furnished by the
Department. If that person was not licensed as a subguide during the previous
licensing year, the person’s application must be accompanied by a nonrefundable
fee of $50.
7. It is unlawful for the holder of a
master guide license to operate in any area where a special use permit is
required without first obtaining a permit unless the holder is employed by or
providing assistance to a guide pursuant to subsection 3.
8. The holder of a master guide license
shall maintain records of the number of hunters and anglers served, and any
other information which the Department may require concerning fish and game
taken by such persons. The information must be furnished to the Department on
request.
9. If any licensee under this section, or
person served by a licensee, is convicted of a violation of any provision of
this title or chapter 488 of NRS, the
Commission may revoke the license of the licensee and may refuse issuance of
another license to the licensee for a period not to exceed 5 years.
10. The Commission may adopt regulations
covering the conduct and operation of a guide service.
11. The Department may issue master guide
and subguide licenses that are valid only in certain management areas,
management units or administrative regions in such a manner as may be
determined by the regulations of the Commission.
[Part 84:101:1947; A 1949, 292; 1943 NCL §
3035.84]—(NRS A 1969, 1374; 1971, 577; 1985, 1353; 1987, 1454; 1989, 1781; 1991, 269, 1576; 1993, 1680; 1997, 2087; 2003, 1556, 2552; 2005, 1312, 1313; 2009, 446, 447,
effective on the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings)
NRS 504.393 Submission of certain information regarding holder of license to
Division of Welfare and Supportive Services of Department of Health and Human
Services. [Effective until the date of the repeal of 42 U.S.C. § 666, the
federal law requiring each state to establish procedures for withholding,
suspending and restricting the professional, occupational and recreational
licenses for child support arrearages and for noncompliance with certain processes
relating to paternity or child support proceedings.] The
Department shall, upon request of the Division of Welfare and Supportive
Services of the Department of Health and Human Services, submit to the Division
of Welfare and Supportive Services the name, address and social security number
of each person who holds a master guide license or subguide license and any
pertinent changes in that information.
(Added to NRS by 1997, 2086; A 2003, 1557)
NRS 504.395 Acting as guide without license; penalty; forfeiture;
revocation.
1. Any person who purposefully or
knowingly acts as a master guide or as a subguide without first obtaining a
license pursuant to NRS 504.390 is guilty of:
(a) For a first offense, a gross misdemeanor.
(b) For a second or subsequent offense, a
category E felony and shall be punished as provided in NRS 193.130.
2. Any vessel, vehicle, aircraft, pack or
riding animal or other equipment used by a person operating in violation of
subsection 1 is subject to forfeiture upon the conviction of that person of a
gross misdemeanor or felony if that person knew or should have known that the
vessel, vehicle, aircraft, animal or equipment would be used in violation of
subsection 1.
3. In addition to any penalty imposed
pursuant to subsection 1, if a person is convicted of violating a provision of
that subsection, the Commission shall:
(a) Revoke any license, permit or privilege
issued to that person pursuant to this title; and
(b) Refuse to issue any new license, permit or
privilege to the person for 5 years after the date of the conviction.
(Added to NRS by 1987, 1454; A 2009, 449)
NRS 504.397 Compensation of master guide or subguide; proof of licensure;
penalty.
1. A person shall not, directly or
indirectly, knowingly compensate a person who holds himself or herself out as
providing guide service or engaging in business as a master guide or subguide,
or acting in any other capacity for which a master guide license or subguide
license is required pursuant to NRS 504.390, unless
the person acting in that capacity provides proof that he or she is a holder of
such a master guide license or subguide license to the person providing the
compensation.
2. A person who violates the provisions of
subsection 1 is guilty of a misdemeanor.
(Added to NRS by 2009, 446)
NRS 504.398 Suspension of license for failure to pay child support or comply
with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law
requiring each state to establish procedures for withholding, suspending and
restricting the professional, occupational and recreational licenses for child
support arrearages and for noncompliance with certain processes relating to
paternity or child support proceedings.]
1. If the Department receives a
copy of a court order issued pursuant to NRS
425.540 that provides for the suspension of all professional, occupational
and recreational licenses, certificates and permits issued to a person who is
the holder of a master guide license or subguide license, the Department shall
deem the license issued to that person to be suspended at the end of the 30th
day after the date on which the court order was issued unless the Department
receives a letter issued to the holder of the license by the district attorney
or other public agency pursuant to NRS
425.550 stating that the holder of the license has complied with the
subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.
2. The Department shall reinstate a master
guide license or subguide license that has been suspended by a district court
pursuant to NRS 425.540 if the
Department receives a letter issued by the district attorney or other public
agency pursuant to NRS 425.550 to the
person whose license was suspended stating that the person whose license was
suspended has complied with the subpoena or warrant or has satisfied the
arrearage pursuant to NRS 425.560.
(Added to NRS by 1997, 2086; A 2003, 1557)
PRESERVATION OF WILD HORSES
NRS 504.490 Unlawful acts; penalty.
1. Any person, not authorized to do so,
who:
(a) Removes or attempts to remove a wild horse
from the public lands;
(b) Converts a wild horse to private use;
(c) Harasses a wild horse or, except as otherwise
provided in subsection 2, kills a wild horse;
(d) Uses an aircraft or a motor vehicle to hunt
any wild horse;
(e) Pollutes or causes the pollution of a
watering hole on public land to trap, wound, kill or maim a wild horse;
(f) Makes or causes the remains of a wild horse
to be made into any commercial product; or
(g) Sells a wild horse which strays onto private
property,
Ê is guilty of
a gross misdemeanor.
2. A person who willfully and maliciously
kills a wild horse is guilty of a category C felony and shall be punished as
provided in NRS 193.130.
(Added to NRS by 1985, 1889; A 1999, 2516; 2011, 2480)
