As used in this
title, “alternative livestock” means the following species, including
subspecies, of the family Cervidae, if they are born and reared in
captivity and raised on private property to produce meat or other
by-products of animals or as breeding stock to produce alternative
livestock:
1. Fallow deer (Dama dama).
2. Reindeer (Rangifer tarandus).
(Added to NRS by 1993, 429; A 2005, 205 )
As used in this title,
“big game mammal” means any game mammal so classified by Commission
regulation.
(Added to NRS by 1991, 258)
As used in this title, “board” means
the county advisory board to manage wildlife.
[Part 5:101:1947; 1943 NCL § 3035.05]—(NRS A 1985, 1349)
As used in this title, “chumming”
means the placing in the water of fish, parts of fish or other material
upon which fish feed, for the purpose of attracting fish to a particular
area in order that they may be taken.
(Added to NRS by 1969, 1350)
As used in this title,
“closed season” means all periods except those designated as “open
season.” During any such season it is unlawful to fish, to hunt game
mammals or game birds or to hunt or trap fur-bearing mammals. There is no
closed season on those species of wild mammals or wild birds classified
as unprotected.
[Part 6:101:1947; A 1949, 292; 1951, 544]—(NRS A 1969, 1345; 1991,
258)
Except as otherwise provided in
NRS 504.430 to 504.490 , inclusive, as used in this title, unless the
context otherwise requires, “Commission” means the Board of Wildlife
Commissioners.
[Part 5:101:1947; 1943 NCL § 3035.05]—(NRS A 1979, 890; 1997, 2532)
As used in this title, “county,”
when appearing alone or in the reference framework of county advisory
board to manage wildlife, board of county commissioners or any county
officer, includes and applies to Carson City.
(Added to NRS by 1969, 1350; A 1985, 1349)
As used in this title,
“Department” means the Department of Wildlife.
(Added to NRS by 2003, 1520 )
As used in this title, “Director”
means the Director of the Department.
(Added to NRS by 2003, 1520 )
As used in this title, the words “to fish” and their derivatives,
“fishes,” “fishing” and “fished,” mean catching, taking, capturing,
killing, injuring or crippling of a fish or game amphibian, and every
attempt to do so.
[4:101:1947; 1943 NCL § 3035.04]—(NRS A 1969, 1345; 1993, 66)
As used in this title,
“fur-bearing mammal” means any mammal so classified by Commission
regulation.
[Part 1:101:1947; 1943 NCL § 3035.01]—(NRS A 1959, 360; 1969, 1345;
1991, 258)
As used in this title,
“game amphibian” means any amphibian so classified by Commission
regulation.
(Added to NRS by 1971, 1538)
As used in this title, “game
fish” means any fish so classified by Commission regulation.
[Part 1:101:1947; 1943 NCL § 3035.01]—(NRS A 1959, 361; 1969, 1345)
As used in this title, “game
mammal” means any mammal so classified by Commission regulation.
[Part 1:101:1947; 1943 NCL § 3035.01]—(NRS A 1959, 361; 1969, 1345;
1991, 258)—(Substituted in revision for NRS 501.040)
As used in this title, “game
warden” means any person authorized by the Director to enforce the
provisions of this title and of chapter 488
of NRS.
(Added to NRS by 1969, 1350; A 1993, 1653; 2003, 1521 )
As used in
this title, the words “to hunt” and their derivatives, “hunting” and
“hunted,” mean to search for, pursue or attract wild mammals or birds for
the purpose and with the means of capturing, injuring or killing them,
every attempt to capture, injure or kill wild mammals or birds, and every
act of assistance to any other person in capturing, injuring or killing
such mammals or birds.
[Part 2:101:1947; A 1949, 292; 1943 NCL § 3035.02]—(NRS A 1969,
1346; 1991, 258)
As used in this
title, “migratory game birds” means any birds so classified by Commission
regulation.
[Part 1:101:1947; 1943 NCL § 3035.01]—(NRS A 1959, 361; 1969, 1346)
As used in this title, “open
season” means that period designated pursuant to the provisions of this
title during which it is legal to fish or to hunt game mammals or game
birds or to hunt or to trap fur-bearing mammals. Such period includes the
first day and last day designated. There is no open season on those
species of wildlife classified as protected.
[Part 6:101:1947; A 1949, 292; 1951, 544]—(NRS A 1969, 1346; 1991,
258)
As
used in this title, unless the context otherwise requires, the words “to
take” and their derivatives, “took,” “taken” and “taking,” when used in
reference to wildlife, mean to kill, capture, shoot, trap, catch, wound,
possess, collect, seine, snare or net, and every attempt to do so.
(Added to NRS by 1993, 133)
As used
in this title, the words “to trap” and their derivatives, “trapping” and
“trapped,” mean to set or operate any device, mechanism or contraption
that is designed, built or made to close upon or hold fast any wild
mammal or wild bird and every act of assistance to any person in so doing.
[3:101:1947; 1943 NCL § 3035.03]—(NRS A 1969, 1346; 1991, 258)
As used in this title,
“upland game birds” means any birds so classified by Commission
regulation.
[Part 1:101:1947; 1943 NCL § 3035.01]—(NRS A 1959, 361; 1969, 1347)
As used in this title, “vessel”
means every kind of watercraft, other than a seaplane on the water, which
is used or capable of being used as a means of transportation on water.
(Added to NRS by 1979, 899)
As used in this title, “wildlife”
means any wild mammal, wild bird, fish, reptile, amphibian, mollusk or
crustacean found naturally in a wild state, whether indigenous to Nevada
or not and whether raised in captivity or not.
(Added to NRS by 1969, 1350; A 1987, 560; 1991, 259)
1. Wildlife in this State not domesticated and in its natural
habitat is part of the natural resources belonging to the people of the
State of Nevada.
2. The preservation, protection, management and restoration of
wildlife within the State contribute immeasurably to the aesthetic,
recreational and economic aspects of these natural resources.
[Part 8:101:1947; A 1949, 292; 1943 NCL § 3035.08]—(NRS A 1969,
1347)
The
Legislature declares that hunting permitted by law in this state:
1. Is a valuable activity in the management of game mammals and
game birds.
2. Results in financial support for conservation programs that
benefit many species, including nongame wildlife.
3. Is an excellent source of food, recreational opportunities and
employment.
4. Contributes significantly to the economy of this state and the
quality of life of its citizens.
5. Provides a beneficial use for firearms, archery equipment and
other legal weapons used to take game mammals and game birds, following
the pioneer spirit of Nevada.
(Added to NRS by 1993, 1359)
The Commission shall establish policies and adopt
regulations necessary to the preservation, protection, management and
restoration of wildlife and its habitat.
[7:101:1947; 1943 NCL § 3035.07]—(NRS A 1969, 1347; 1971, 1381)
1. For the purposes of this title, wildlife must be classified as
follows:
(a) Wild mammals, which must be further classified as either game
mammals, fur-bearing mammals, protected mammals or unprotected mammals.
(b) Wild birds, which must be further classified as either game
birds, protected birds or unprotected birds. Game birds must be further
classified as upland game birds or migratory game birds.
(c) Fish, which must be further classified as either game fish,
protected fish or unprotected fish.
(d) Reptiles, which must be further classified as either protected
reptiles or unprotected reptiles.
(e) Amphibians, which must be further classified as either game
amphibians, protected amphibians or unprotected amphibians.
(f) Mollusks, which must be further classified as either protected
mollusks or unprotected mollusks.
(g) Crustaceans, which must be further classified as either
protected crustaceans or unprotected crustaceans.
2. Protected wildlife may be further classified as either
sensitive, threatened or endangered.
3. Each species of wildlife must be placed in a classification by
regulation of the Commission and, when it is in the public interest to do
so, species may be moved from one classification to another.
[Part 1:101:1947; 1943 NCL § 3035.01]—(NRS A 1959, 361; 1969, 1347;
1971, 1381; 1977, 76; 1987, 560; 1991, 259)
1. The State of Nevada hereby assents to the provisions of that
certain Act of Congress commonly known and referred to as the
Pittman-Robertson Act, being c. 899, 50 Stat. 917, approved September 2,
1937, and also designated as 16 U.S.C. §§ 669-669j, providing federal aid
to states in wildlife restoration projects.
2. The Commission shall do any and all things necessary to obtain
for the State of Nevada the benefits provided in the Act of Congress.
[1:92:1947] + [2:92:1947]—(NRS A 1995, 2584)
1. The State of Nevada hereby assents to the provisions of the Act
of Congress known as the Dingell-Johnson Act, being c. 658, 64 Stat. 430,
approved August 9, 1950, 16 U.S.C. §§ 777 to 777k, inclusive, providing
federal aid to states in fish restoration and management projects.
2. The Commission shall do all things necessary to obtain for the
State of Nevada the benefits provided by such Act of Congress.
(Added to NRS by 1961, 194; A 1995, 2584)
Whenever the Commission is required to
publish any official order or regulation regarding open or closed
seasons, bag limits or hours, it shall publish once in each case, in a
newspaper of general circulation in the State of Nevada or in the
locality to which the order or regulation applies a notice of intention
to establish the order or regulation at an open meeting to be held on a
date no sooner than 10 days following the publication.
[Part 6.5:101:1947; added 1955, 74]—(NRS A 1969, 1551; 1975, 1413;
1977, 77; 1995, 134)
1. The Department is authorized to determine methods of obtaining
necessary data from hunters, trappers and fishermen relative to their
activities and success.
2. The methods may include return of reports attached to licenses
and tags or questionnaires addressed to license holders.
3. Failure to return such a report or questionnaire within the
period specified by regulation of the Commission or the submission of any
false statement thereon is cause for the Commission to:
(a) Deny the person the right to acquire any license provided under
this title for a period of 1 year; or
(b) Levy an administrative fine of $50 against the person.
4. Any statement made on such a report or questionnaire may not be
the basis for prosecution for any indicated violations of other sections
of this title.
[10b:101:1947; added 1951, 494; A 1953, 675]—(NRS A 1969, 1358;
1971, 1381; 1987, 1448; 1993, 1653; 2003, 1521 )
BOARD OF WILDLIFE COMMISSIONERS
The
Board of Wildlife Commissioners, consisting of nine members appointed by
the Governor, is hereby created.
(Added to NRS by 1969, 1557; A 1977, 1229; 1979, 891; 1989, 2191)
1. A county advisory board to manage wildlife shall submit written
nominations for appointments to the Commission upon the request of the
Governor and may submit nominations at any other time.
2. After consideration of the written nominations submitted by a
county advisory board to manage wildlife and any additional candidates
for appointment to the Commission, the Governor shall appoint to the
Commission:
(a) One member who is actively engaged in the conservation of
wildlife;
(b) One member who is actively engaged in farming;
(c) One member who is actively engaged in ranching;
(d) One member who represents the interests of the general public;
and
(e) Five members who during at least 3 of the 4 years immediately
preceding their appointment held a resident license to fish or hunt, or
both, in Nevada.
3. The Governor shall not appoint to the Commission any person who
has been convicted of:
(a) A felony or gross misdemeanor for a violation of NRS 501.376
;
(b) A gross misdemeanor for a violation of NRS 502.060 or 504.395 ;
or
(c) Two or more violations of the provisions of chapters 501 to 504 , inclusive, of
NRS,
Ê during the previous 10 years.
4. Not more than three members may be from the same county whose
population is 400,000 or more, not more than two members may be from the
same county whose population is 100,000 or more but less than 400,000,
and not more than one member may be from the same county whose population
is less than 100,000.
5. The Commission shall annually select a Chairman and a Vice
Chairman from among its members. A person shall not serve more than two
consecutive terms as Chairman.
[Part 9:101:1947; A 1949, 292; 1943 NCL § 3035.09]—(NRS A 1969,
341, 1546; 1977, 1229; 1979, 891; 1989, 2191; 1995, 897, 2584; 2003, 2535
)
1. A member of the Commission may be removed from office for just
cause.
2. A member of the Commission must be removed from office for:
(a) A conviction of a felony or gross misdemeanor for a violation
of NRS 501.376 ;
(b) A conviction of a gross misdemeanor for a violation of NRS
502.060 or 504.395 ; or
(c) Two or more convictions of violating the provisions of chapters
501 to 504 ,
inclusive, of NRS.
(Added to NRS by 1995, 896; A 2003, 2536 )
1. The Commission may hold not more than nine meetings regularly
each year based on need and the requests submitted by the county advisory
boards to manage wildlife.
2. Special meetings of the Commission may be held at such times
and places as the Commission deems proper.
3. Five members of the Commission constitute a quorum for the
transaction of any business which may come before the Commission.
[Part 9:101:1947; A 1949, 292; 1943 NCL § 3035.09]—(NRS A 1969,
1547; 1979, 891; 1981, 607; 1983, 1446; 1989, 2192; 1995, 2585)
1. Members of the Commission are entitled to receive a salary of
not more than $80 per day, as fixed by the Commission, while performing
official duties for the Commission.
2. While engaged in the business of the Commission, each member
and employee of the Commission is entitled to receive the per diem
allowance and travel expenses provided for state officers and employees
generally.
3. Compensation and expenses must be paid from the Wildlife
Account within the State General Fund.
[Part 9:101:1947; A 1949, 292; 1943 NCL § 3035.09]—(NRS A 1957,
160; 1969, 1547; 1975, 299; 1979, 891; 1981, 1986; 1985, 432; 1989, 1717)
The Commission shall:
1. Establish broad policies for:
(a) The protection, propagation, restoration, transplanting,
introduction and management of wildlife in this State.
(b) The promotion of the safety of persons using or property used
in the operation of vessels on the waters of this State.
(c) The promotion of uniformity of laws relating to policy matters.
2. Guide the Department in its administration and enforcement of
the provisions of this title and of chapter 488 of NRS by the establishment of such policies.
3. Establish policies for areas of interest including:
(a) The management of big and small game mammals, upland and
migratory game birds, fur-bearing mammals, game fish, and protected and
unprotected mammals, birds, fish, reptiles and amphibians.
(b) The control of wildlife depredations.
(c) The acquisition of lands, water rights and easements and other
property for the management, propagation, protection and restoration of
wildlife.
(d) The entry, access to, and occupancy and use of such property,
including leases of grazing rights, sales of agricultural products and
requests by the Director to the State Land Registrar for the sale of
timber if the sale does not interfere with the use of the property on
which the timber is located for wildlife management or for hunting or
fishing thereon.
(e) The control of nonresident hunters.
(f) The introduction, transplanting or exporting of wildlife.
(g) Cooperation with federal, state and local agencies on wildlife
and boating programs.
(h) The revocation of licenses issued pursuant to this title to any
person who is convicted of a violation of any provision of this title or
any regulation adopted pursuant thereto.
4. Establish regulations necessary to carry out the provisions of
this title and of chapter 488 of NRS,
including:
(a) Seasons for hunting game mammals and game birds, for hunting or
trapping fur-bearing mammals and for fishing, the daily and possession
limits, the manner and means of taking wildlife, including, but not
limited to, the sex, size or other physical differentiation for each
species, and, when necessary for management purposes, the emergency
closing or extending of a season, reducing or increasing of the bag or
possession limits on a species, or the closing of any area to hunting,
fishing or trapping. The regulations must be established after first
considering the recommendations of the Department, the county advisory
boards to manage wildlife and others who wish to present their views at
an open meeting. Any regulations relating to the closure of a season must
be based upon scientific data concerning the management of wildlife. The
data upon which the regulations are based must be collected or developed
by the Department.
(b) The manner of using, attaching, filling out, punching,
inspecting, validating or reporting tags.
(c) The delineation of game management units embracing contiguous
territory located in more than one county, irrespective of county
boundary lines.
(d) The number of licenses issued for big game and, if necessary,
other game species.
5. Adopt regulations requiring the Department to make public,
before official delivery, its proposed responses to any requests by
federal agencies for its comment on drafts of statements concerning the
environmental effect of proposed actions or regulations affecting public
lands.
6. Adopt regulations:
(a) Governing the provisions of the permit required by NRS 502.390
and for the issuance, renewal and
revocation of such a permit.
(b) Establishing the method for determining the amount of an
assessment, and the time and manner of payment, necessary for the
collection of the assessment required by NRS 502.390 .
7. Designate those portions of wildlife management areas for big
game mammals that are of special concern for the regulation of the
importation, possession and propagation of alternative livestock pursuant
to NRS 576.129 .
(Added to NRS by 1969, 1557; A 1977, 1229; 1979, 891; 1985, 1349;
1989, 729, 1268; 1991, 259, 2283, 2289; 1993, 429, 816, 1654; 1995, 544;
1997, 2598; 2003, 1521 , 2536 )
As used in NRS 501.1812 to 501.1818 , inclusive, unless the context otherwise
requires:
1. “License” means a license or tag issued by the Department for:
(a) Recreational hunting or fishing; or
(b) Taking fur-bearing mammals, trapping unprotected mammals or
selling raw furs for profit.
2. “Permit” means a permit issued by the Department for
recreational hunting or fishing.
3. “Wildlife conviction” means a conviction obtained in any court
of competent jurisdiction in this State, including, without limitation, a
conviction obtained upon a plea of nolo contendere or upon a forfeiture
of bail not vacated in any such court, for a violation of:
(a) A provision of this title or any regulation adopted pursuant to
this title other than a provision of NRS 502.370 , 502.390 ,
503.185 , 503.310 or 504.295
to 504.390 , inclusive; or
(b) A provision of the Lacey Act Amendment of 1981, Public Law
97-79, if the violation of that provision is based on a violation of a
law or regulation of this State.
(Added to NRS by 1995, 896; A 1997, 264, 1025; 1999, 1043 ; 2003, 1522 )
1. The Commission shall establish and the Department shall
administer and enforce a system of assessing demerit points for wildlife
convictions. The system must be uniform in its operation.
2. Pursuant to the schedule of demerit points established by
regulation of the Commission for each wildlife conviction occurring
within this state affecting any holder of a license, permit or privilege
issued pursuant to this title, the Department shall assess demerit points
for the 60-month period preceding a person’s most recent wildlife
conviction. Sixty months after the date of the conviction, the demerit
points for that conviction must be deleted from the total demerit points
accumulated by that person. The date of the violation shall be deemed the
date on which accumulated demerit points must be assessed. If a
conviction of two or more wildlife violations committed at a single event
is obtained, demerit points must be assessed for the offense having the
greater number of demerit points.
(Added to NRS by 1995, 896; A 1997, 1026; 1999, 1044 ; 2003, 1523 )
1. If a person accumulates 9 or more demerit points, but less than
12, the Department shall notify him of that fact by certified mail. If,
after the Department mails the notice, the person presents proof to the
Department that he has, after his most recent wildlife conviction,
successfully completed a course of instruction in the responsibilities of
hunters approved by the Department, the Department shall deduct 4 demerit
points from his record. A person may attend a course of instruction in
the responsibilities of hunters only once in 60 months for the purpose of
reducing his demerit points.
2. If a person accumulates 12 or more demerit points before
completing a course of instruction pursuant to subsection 1, the
Department shall suspend or revoke any license, permit or privilege
issued to him pursuant to this title.
3. Not later than 60 days after the Department determines that a
person has accumulated 12 demerit points, the Department shall notify the
person by certified mail that his privileges will be suspended or
revoked. Except as otherwise provided in subsection 4, the Department
shall suspend or revoke those privileges 30 days after it mails the
notice.
4. Any person who receives the notice required by subsection 3 may
submit to the Department a written request for a hearing before the
Commission not later than 30 days after the receipt of the notice. If a
written request for a hearing is received by the Department:
(a) The suspension or revocation of the license, permit or
privilege is stayed until a determination is made by the Commission after
the hearing.
(b) The hearing must be held within 60 days after the request is
received.
5. The periods of suspension or revocation imposed pursuant to
this section must run concurrently. Except as otherwise provided in this
subsection, no license, permit or privilege may be suspended or revoked
pursuant to this section for more than 3 years. The license, permit or
privilege of a person who is convicted pursuant to NRS 501.376 of:
(a) A gross misdemeanor may not be suspended or revoked for more
than 5 years; or
(b) A felony may not be suspended or revoked for more than 10 years.
6. If the Department suspends or revokes a license, permit or
privilege pursuant to this section, the period of suspension or
revocation begins 30 days after notification pursuant to subsection 3 or
a determination is made by the Commission pursuant to subsection 4. After
a person’s license, permit or privilege is suspended or revoked pursuant
to this section, all demerit points accumulated by that person must be
cancelled.
(Added to NRS by 1995, 897; A 1997, 1026; 1999, 1044 ; 2003, 1523 ; 2005, 1308 )
Any person whose license, permit or privilege has
been suspended or revoked by the Department pursuant to NRS 501.1816
is entitled to judicial review of the
decision in the manner provided by chapter 233B of NRS.
(Added to NRS by 1995, 897; A 1997, 1027; 2003, 1524 )
The Commission may adopt such regulations as
are necessary to carry out the provisions of NRS 501.1812 to 501.1818 , inclusive.
(Added to NRS by 1995, 897)
The
Commission may enter into cooperative agreements with adjoining states
for the management of interstate wildlife populations and for the
establishment of uniform boating regulations.
(Added to NRS by 1969, 1558)
1. The Department shall execute, administer and enforce, and
perform the functions and duties provided in chapter 488 of NRS.
2. The Commission has the power and authority to:
(a) Promulgate rules and regulations governing the use of waters
for recreational purposes, which waters are open to the public and are
not under the direct control of any other state or federal agency for
recreational use.
(b) Enter into cooperative agreements with federal, state and
county agencies having regulatory powers pertaining to the use of public
waters for recreational purposes for the purpose of coordinating such
rules and regulations.
(Added to NRS by 1965, 1060; A 1969, 1551; 1993, 1655; 2003, 1524
)
COUNTY ADVISORY BOARD TO MANAGE WILDLIFE
1. There is hereby created a county advisory board to manage
wildlife in each of the several counties.
2. In a county whose population:
(a) Is less than 400,000, each board consists of three or five
members, at the discretion of the board of county commissioners.
(b) Is 400,000 or more, each board consists of five or seven
members, at the discretion of the board of county commissioners.
3. A chairman and vice chairman must be selected by each board.
[Part 13:101:1947; A 1949, 292; R 1953, 676; added 1953, 676]—(NRS
A 1969, 1554; 1977, 1230; 1985, 1350; 1989, 2192; 2005, 457 )
1. The board of county commissioners shall appoint qualified
persons to the board who are residents of the county and are:
(a) Sportsmen; or
(b) Engaged in ranching or farming in the county.
2. Within 60 days after a vacancy occurs, the board of county
commissioners shall appoint a member to the board upon the recommendation
of the organized sportsmen and residents of the county.
3. Within 90 days after a vacancy occurs, the board of county
commissioners shall report to the Commission the name and address of each
member appointed.
[Part 13:101:1947; A 1949, 292; R 1953, 676; added 1953, 676]—(NRS
A 1961, 473; 1969, 1554; 1971, 856; 1977, 1231; 1985, 1350; 1989, 2192)
The members of the board
must be citizens of Nevada and bona fide residents of the county from
which appointed.
[Part 13:101:1947; A 1949, 292; R 1953, 676; added 1953, 676]—(NRS
A 1969, 1555; 1985, 1351)
1. The boards of county commissioners shall appoint members to the
boards of their respective counties.
2. Each member appointed shall serve a term of 3 years.
[Part 13:101:1947; A 1949, 292; R 1953, 676; added 1953, 676]—(NRS
A 1961, 474; 1969, 1555; 1977, 1231; 1985, 1351)
Members of the board shall
serve without salary or compensation.
[Part 13:101:1947; A 1949, 292; R 1953, 676; added 1953, 676]—(NRS
A 1985, 1351)
The board shall meet before those meetings
of the Commission at which seasons, bag limits or hours are to be
established and at such other times as the chairman may call or the
Commission may request.
[Part 13:101:1947; A 1949, 292; R 1953, 676; added 1953, 676]—(NRS
A 1969, 1556; 1985, 1351)
Members of boards may be removed
by the boards of county commissioners of the counties served for cause,
including, but not limited to, absences from three consecutive, duly
called board meetings, unless excused by their respective board chairmen.
(Added to NRS by 1969, 1559; A 1977, 1231; 1985, 1351)
The boards shall solicit and evaluate local opinion and
advise the Commission on matters relating to the management of wildlife
within their respective counties.
(Added to NRS by 1969, 1560; A 1985, 1351)
1. The boards shall submit recommendations for setting seasons for
fishing, hunting and trapping, which must be considered by the Commission
in its deliberation on and establishment of regulations covering open or
closed seasons, bag limits, hours and other regulations or policies.
2. The chairman or vice chairman, or members of the board
appointed by them:
(a) Shall attend the meetings of the Commission at which seasons
are set or bag limits, hours or other regulations and policies are
established; and
(b) Are entitled to receive such travel and per diem expenses as
are allowed by law.
(Added to NRS by 1969, 1560; A 1979, 893; 1985, 1351; 1989, 2192)
There is hereby created in
each of the counties of this state a fund for the advisory board. The
fund must be kept in the county treasury, and all money received from the
Department must be placed in the fund.
[Part 47:101:1947; 1943 NCL § 3035.47]—(NRS A 1969, 1556; 1985,
1351; 1993, 1655; 2003, 1524 )
1. Annually, not later than May 1, each board shall prepare a
budget for the period ending June 30 of the following year, setting forth
in detail its proposed expenditures for carrying out its duties as
specified in this title within its county, and submit the budget to the
Commission accompanied by a statement of the previous year’s
expenditures, certified by the county auditor.
2. The Commission shall examine the budget in conjunction with the
Director or a person designated by him, and may increase, decrease, alter
or amend the budget.
3. Upon approval of the budget, the Department shall transmit a
copy of the approved budget to the board, and at the same time withdraw
from the Wildlife Account within the State General Fund and transmit to
the board the money required under the approved budget for disposition by
the board in accordance with the approved budget. All money so received
must be placed in the fund for the advisory board.
[12:101:1947; 1943 NCL § 3035.12]—(NRS A 1959, 362; 1969, 1556;
1979, 893; 1985, 1352; 1993, 1655; 2003, 1524 )
The
county auditors and county treasurers in the respective counties are
responsible for the safety and preservation of the fund for the advisory
board in their county to the same extent as they are in respect to all
other money in the county treasury. They shall observe and are bound by
the approved budget governing the disposition of the money and shall
report their actions currently in connection therewith.
[12a:101:1947; added 1949, 292; 1943 NCL § 3035.12a]—(NRS A 1985,
1352)
DEPARTMENT OF WILDLIFE
There is hereby
created the Department of Wildlife which shall administer the wildlife
laws of this State and chapter 488 of NRS.
(Added to NRS by 1969, 1558; A 1979, 893; 1993, 1655; 2003, 1524
)
1. From among three or more nominees of the Commission, the
Governor shall appoint a Director of the Department, who is its Chief
Administrative Officer. The Director serves at the pleasure of the
Governor.
2. The Governor shall select as Director a person having an
academic degree in the management of wildlife or a closely related field,
substantial experience in the management of wildlife and a demonstrated
ability to administer a major public agency.
3. The Director is in the unclassified service of the State.
[Part 10:101:1947; 1943 NCL § 3035.10]—(NRS A 1957, 160; 1960, 483;
1967, 1501; 1969, 1548; 1971, 1440; 1979, 893; 1985, 432; 1993, 1656;
2003, 1524 )
The Director shall:
1. Carry out the policies and regulations of the Commission.
2. Direct and supervise all administrative and operational
activities of the Department, and all programs administered by the
Department as provided by law. Except as otherwise provided in NRS
284.143 , the Director shall devote his
entire time to the duties of his office and shall not follow any other
gainful employment or occupation.
3. Within such limitations as may be provided by law, organize the
Department and, from time to time with the consent of the Commission, may
alter the organization. The Director shall reassign responsibilities and
duties as he may deem appropriate.
4. Appoint or remove such technical, clerical and operational
staff as the execution of his duties and the operation of the Department
may require, and all those employees are responsible to him for the
proper carrying out of the duties and responsibilities of their
respective positions. The Director shall designate a number of employees
as game wardens and provide for their training.
5. Submit technical and other reports to the Commission as may be
necessary or as may be requested, which will enable the Commission to
establish policy and regulations.
6. Prepare, in consultation with the Commission, the biennial
budget of the Department consistent with the provisions of this title and
chapter 488 of NRS and submit it to the
Commission for its review and recommendation before the budget is
submitted to the Chief of the Budget Division of the Department of
Administration pursuant to NRS 353.210 .
7. Administer real property assigned to the Department.
8. Maintain full control, by proper methods and inventories, of
all personal property of the State acquired and held for the purposes
contemplated by this title and by chapter 488
of NRS.
9. Act as nonvoting Secretary to the Commission.
(Added to NRS by 1969, 1558; A 1977, 1231; 1979, 894; 1983, 850;
1985, 433; 1993, 1656; 1995, 2315, 2585; 1997, 651; 2003, 1525 )
The Director may:
1. In cases of emergency, with the prior approval of the Governor,
exercise the powers of the Commission until such time as the Commission
meets or the emergency ends.
2. Designate an employee or employees of the Department to act as
his deputy or deputies. In the Director’s absence or inability to
discharge the powers and duties of his office, the powers and duties
devolve upon his deputy or deputies.
3. Designate persons outside the Department as game wardens if, in
his opinion, the need for such designations exists.
(Added to NRS by 1969, 1559; A 1979, 894; 1983, 851; 1989, 730;
1993, 1656; 2003, 1525 )
The headquarters of the Department must be
maintained at such a location in the State, and other offices may be
established throughout the State in such number and location, as will, in
the opinion of the Director and the Commission, provide an efficient
departmental operation.
(Added to NRS by 1969, 1559; A 1973, 1475; 1979, 895; 1993, 1657;
1995, 2586; 1999, 1662 ; 2003, 1526 )
The Department may:
1. Collect and disseminate, throughout the State, information
calculated to educate and benefit the people of the State regarding
wildlife and boating, and information pertaining to any program
administered by the Department.
2. Publish wildlife journals and other official publications, for
which a specific charge may be made, such charge to be determined by the
Commission, with the proceeds to be deposited in the Wildlife Account
within the State General Fund. No charge may be made for any publication
required by a regulation of the Commission.
(Added to NRS by 1969, 1559; A 1971, 1381; 1979, 895; 1993, 1657;
2003, 1526 )
1. The Department may charge fees for advertising:
(a) In printed materials prepared by the Department; and
(b) On a website on the Internet or its successor that is
maintained by the Department.
2. Any money collected by the Department, pursuant to subsection 1
must be:
(a) Deposited with the State Treasurer for credit to the Wildlife
Account in the State General Fund; and
(b) Used to pay the expenses of the Department, including, without
limitation, expenses incurred in the development, production and
distribution of:
(1) Printed materials prepared by the Department;
(2) Materials used by the Department on the website
maintained by the Department; and
(3) Any informational and educational materials provided by
the Department for the purposes described in subsection 1 of NRS 501.343
.
(Added to NRS by 2003, 666 )
Regular employees and others designated
by the Director as game wardens shall enforce all provisions of this
title and of chapter 488 of NRS.
[Part 10:101:1947; 1943 NCL § 3035.10]—(NRS A 1969, 1549; 1971,
1382; 1977, 1600; 1983, 851; 1993, 1657, 2540; 1995, 703; 2003, 1526
)
1. The Director may enter into cooperative or reciprocal
agreements with the Federal Government or any agency thereof, any other
state or any agency thereof, any other agency of this state, any county
or other political subdivision of this state, to the extent permitted by
the provisions of chapter 277 of NRS, any
public or private corporation, or any person, in accordance with and for
the purpose of carrying out the policy of the Commission.
2. Such agreements do not relieve any party thereto of any
liability, independent of such agreements, existing under any provision
of law.
[1:286:1949; 1943 NCL § 3148.05] + [2:286:1949; 1943 NCL § 3148.06]
+ [3:286:1949; 1943 NCL § 3148.07]—(NRS A 1961, 194; 1969, 1550; 1979,
895; 1981, 607; 1993, 66, 1657; 1995, 509; 2003, 1526 )
The Director shall require the personnel of the Department to
report to him as soon as practicable any reasonable suspicion that a
communicable disease may be present in wildlife in Nevada. The Director
shall, as soon as possible, inform the Director of the State Department
of Agriculture of any reasonable suspicion reported to him. Any sample
collected by the personnel of the Department in evaluating such a
suspicion must be forwarded to the Director of the State Department of
Agriculture as soon as practicable.
(Added to NRS by 1989, 1086; A 1993, 1657; 1999, 3626 ; 2003, 1526 )
An
employee of the Department may take any wildlife from any place, except
private property without lawful authority, and in any manner for any
purpose determined by the Director to be in the interest of conserving
wildlife in this State if the taking of the wildlife complies with the
requirements established by the United States Fish and Wildlife Service
or any other agency of the Federal Government.
(Added to NRS by 2005, 1307 )
Except as
otherwise provided by specific statute, the Department shall receive,
deposit and expend all money provided by law for the administration of
this title and of chapter 488 of NRS,
pursuant to the authority contained in NRS 501.356 and in accordance with the Commission’s policy.
[Part 10:101:1947; 1943 NCL § 3035.10]—(NRS A 1969, 1549; 1979,
895; 1993, 1657; 2001, 973 ; 2003, 1526 )
1. Money received by the Department from:
(a) The sale of licenses;
(b) Fees pursuant to the provisions of NRS 488.075 and 488.1795 ;
(c) Remittances from the State Treasurer pursuant to the provisions
of NRS 365.535 ;
(d) Appropriations made by the Legislature; and
(e) All other sources, except money derived from the forfeiture of
any property described in NRS 501.3857
or money deposited in the Wildlife Heritage Trust Account pursuant to NRS
501.3575 or in the Trout Management
Account pursuant to NRS 502.327 ,
Ê must be deposited with the State Treasurer for credit to the Wildlife
Account in the State General Fund.
2. The interest and income earned on the money in the Wildlife
Account, after deducting any applicable charges, must be credited to the
Account.
3. Except as otherwise provided in subsection 4, the Department
may use money in the Wildlife Account only to carry out the provisions of
this title and chapter 488 of NRS and as
provided in NRS 365.535 , and the money
must not be diverted to any other use.
4. Except as otherwise provided in NRS 502.250 and 504.155 ,
all fees for the sale or issuance of stamps, tags, permits and licenses
that are required to be deposited in the Wildlife Account pursuant to the
provisions of this title must be accounted for separately and may be used
only for the management of wildlife.
[Part 11:101:1947; 1943 NCL § 3035.11]—(NRS A 1963, 1194; 1965,
1069; 1969, 1552; 1971, 1382, 1383; 1973, 629; 1977, 44; 1979, 895; 1983,
448, 1588; 1991, 2284; 1993, 1658; 1995, 863, 2586; 2001, 973 ; 2003, 1526 , 2537 )
1. The Wildlife Heritage Trust Account is hereby created in the
State General Fund. The money in the Account must be used by the
Department as provided in this section for:
(a) The protection, propagation, restoration, transplantation,
introduction and management of any game fish, game mammal, game bird or
fur-bearing mammal in this State; and
(b) The management and control of predatory wildlife in this State.
2. Except as otherwise provided in NRS 502.250 , money received by the Department from:
(a) A bid, auction or partnership in wildlife drawing conducted
pursuant to NRS 502.250 ; and
(b) A gift of money made by any person to the Wildlife Heritage
Trust Account,
Ê must be deposited with the State Treasurer for credit to the Account.
3. The interest and income earned on the money in the Wildlife
Heritage Trust Account, after deducting any applicable charges, must be
credited to the Account.
4. The Department may annually expend from the Wildlife Heritage
Trust Account an amount of money not greater than 75 percent of the money
deposited in the Account pursuant to subsection 2 during the previous
year and the total amount of interest earned on the money in the Account
during the previous year. The Commission shall review and approve
expenditures from the Account. No money may be expended from the Account
without the prior approval of the Commission.
5. The Commission shall administer the provisions of this section
and may adopt any regulations necessary for that purpose.
(Added to NRS by 1995, 863; A 1997, 785; 2003, 1527 ; 2005, 584 )
1. The Wildlife Imprest Account in the amount of $15,000 is hereby
created for the use of the Department, subject to the following
conditions:
(a) The money must be deposited in a bank or credit union qualified
to receive deposits of public money, except that $500 must be kept in the
custody of an employee designated by the Director for immediate use for
purposes set forth in this section.
(b) The Account must be replenished periodically from the Wildlife
Account in the State General Fund upon approval of expenditures as
required by law and submission of vouchers or other documents to indicate
payment as may be prescribed.
2. The Wildlife Imprest Account may be used to pay for postage,
C.O.D. packages, travel or other minor expenses which are proper as
claims for payment from the Wildlife Account in the State General Fund.
3. The Wildlife Imprest Account may be used to provide money to
employees of the Department for travel expenses and subsistence
allowances arising out of their official duties or employment. All
advances constitute a lien in favor of the Department upon the accrued
wages of the requesting employee in an amount equal to the money
advanced, but the Director may advance more than the amount of the
accrued wages of the employee. Upon the return of the employee, he is
entitled to receive money for any authorized expenses and subsistence in
excess of the amount advanced.
(Added to NRS by 1981, 606; A 1993, 1658; 1999, 1507 ; 2003, 1527 )
A Petty Cash Account in the
amount of $1,000 for the payment of minor expenses of the Department is
hereby created. The Account must be kept in the custody of an employee
designated by the Director and must be replenished periodically from the
Wildlife Account in the State General Fund upon approval of expenditures
as required by law and submission of vouchers or other documents to
indicate payment as may be prescribed.
(Added to NRS by 1965, 217; A 1969, 1553; 1973, 287; 1979, 897;
1993, 1658; 2001, 973 ; 2003, 1528 )
A Change Account in the amount of
$3,000 is hereby created. The Account must be kept in the custody of one
or more employees designated by the Director and used for the making of
change incidental to the business of the Department.
(Added to NRS by 1965, 217; A 1969, 1554; 1979, 897; 1993, 58,
1659; 1995, 579; 2001, 974 ; 2003, 1528 )
ENFORCEMENT AND PENALTIES
1. Every game warden, sheriff and other peace officer of this
State and its political subdivisions shall enforce the provisions of this
title and seize any wildlife taken or held in possession in violation of
those provisions.
2. Such an officer may:
(a) With or without a warrant, conduct a reasonable search of any
camp, structure, aircraft, vessel, vehicle, box, game bag or other
package where he has reason to believe any wildlife taken or held in
violation of any of the provisions of this title is to be found, and, for
the purpose of such a search, may detain any aircraft, vessel or vehicle
for a reasonable time.
(b) Seize any such wildlife and any gun, ammunition, trap, snare,
tackle, or other device or equipment whose presence indicates that a
violation of any provision of this title has occurred. Except for
property described in NRS 501.3857 ,
property seized pursuant to this subsection may be held only for evidence
and may be recovered by the owner within 1 year after it is no longer
needed for that purpose. The Department shall, within 30 days after the
property is no longer needed, send a written notice to the owner of the
property that informs the owner of his right to recover the property.
3. A dwelling house may be searched only pursuant to a warrant or
as otherwise provided by law.
[39:101:1947; 1943 NCL § 3035.39]—(NRS A 1967, 177; 1969, 1348;
1979, 897; 1991, 260, 2285; 1993, 552; 2005, 1309 )
1. Except as otherwise provided in this section, a person shall
not intentionally kill or aid and abet another person to kill a bighorn
sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion or
black bear:
(a) Outside of the prescribed season set by the Commission for the
lawful hunting of that animal;
(b) Through the use of an aircraft, helicopter or motor-driven
vehicle in violation of NRS 503.010 ;
(c) By a method other than the method prescribed on the tag issued
by the Department for hunting that animal;
(d) In a manner, during a time or in a place otherwise prohibited
by a specific statute or a regulation adopted by the Commission; or
(e) Without a valid tag issued by the Department for hunting that
animal. A tag issued for hunting any animal specified in this subsection
is not valid if knowingly used by a person:
(1) Other than the person specified on the tag;
(2) Outside of the management area or other area specified
on the tag; or
(3) If the tag was obtained by a false or fraudulent
representation.
2. The provisions of subsection 1 do not prohibit the killing of
an animal specified in subsection 1 if:
(a) The killing of the animal is necessary to protect the life or
property of any person in imminent danger of being attacked by the
animal; or
(b) The animal killed was not the intended target of the person who
killed the animal and the killing of the animal which was the intended
target would not violate the provisions of subsection 1.
3. A person who violates the provisions of subsection 1 shall be
punished for a category E felony as provided in NRS 193.130 or, if the court reduces the penalty pursuant
to this subsection, for a gross misdemeanor. In determining whether to
reduce the penalty, the court shall consider:
(a) The nature of the offense;
(b) The circumstances surrounding the offense;
(c) The defendant’s understanding and appreciation of the gravity
of the offense;
(d) The attitude of the defendant towards the offense; and
(e) The general objectives of sentencing.
4. A person shall not willfully possess any animal specified in
subsection 1 if the person knows the animal was killed in violation of
subsection 1 or the circumstances should have caused a reasonable person
to know that the animal was killed in violation of subsection 1.
5. A person who violates the provisions of subsection 4 is guilty
of a gross misdemeanor.
(Added to NRS by 1985, 1348; A 1991, 1570, 2285; 1993, 569; 2003,
2538 )
It is unlawful to remove,
tamper with or alter any evidence identification tag placed on wildlife
or on any equipment seized as evidence for the violation of any provision
of this title.
(Added to NRS by 1969, 1350)
1. Except as otherwise provided in this section:
(a) It is unlawful for any person to sell or expose for sale, to
barter, trade or purchase or to attempt to sell, barter, trade or
purchase any species of wildlife, or parts thereof, except as otherwise
provided in this title or in a regulation of the Commission.
(b) The importation and sale of products made from the meat of game
mammals, game birds or game amphibians raised in captivity is not
prohibited if the importation is from a licensed commercial breeder or
commercial processor.
2. The provisions of this section do not apply to alternative
livestock and products made therefrom.
[70:101:1947; 1943 NCL § 3035.70]—(NRS A 1969, 1361; 1971, 1383;
1979, 897; 1983, 851; 1991, 261; 1993, 430)
1. It is unlawful for any person to sell, or expose for sale, to
barter, trade or purchase, or attempt to sell, barter, trade or purchase
any species of game fish or parts thereof, except as provided in this
title or any regulation adopted pursuant thereto.
2. This section does not prohibit the importation and sale of dead
game fish or parts thereof from licensed commercial processors or
licensed fish hatcheries outside the State or the importation and sale of
salt water fish, mollusks or crustaceans.
[33:101:1947; 1943 NCL § 3035.33]—(NRS A 1969, 1362; 1993, 67)
It is unlawful for any person maliciously to tear down,
mutilate or destroy any sign, signboard or other notice which has been
erected by the Department or through an agency of the Department.
[Part 1911 C&P § 503; RL § 6768; NCL § 10450]—(NRS A 1969, 1361;
1993, 1659; 2003, 1528 )
Except as
otherwise provided by specific statute:
1. Any person who:
(a) Performs an act or attempts to perform an act made unlawful or
prohibited by a provision of this title;
(b) Willfully fails to perform an act required of him by a
provision of this title;
(c) Obstructs, hinders, delays or otherwise interferes with any
officer, employee or agent of the Department:
(1) In the performance of any duty while enforcing or
attempting to enforce any provision of this title or any regulation
adopted pursuant thereto; or
(2) While lawfully obtaining or attempting to obtain
biological samples of wildlife, hunting, fishing or trapping data, or any
other biological data or information relating to wildlife;
(d) Violates any order issued or regulation adopted by the
Commission under the provisions of this title; or
(e) Having been granted a privilege or been licensed or permitted
to do any act under the provisions of this title, exercises the grant,
license or permit in a manner other than as specified,
Ê is guilty of a misdemeanor. An officer, employee or agent of the
Department may not obtain or attempt to obtain biological samples of
wildlife, hunting, fishing or trapping data, or any other biological data
or information relating to wildlife on private property without the
consent of the owner of the property.
2. Every person who is guilty of a misdemeanor under this title
shall be punished by a fine of not less than $50 nor more than $500, or
by imprisonment in the county jail for not more than 6 months, or by both
fine and imprisonment.
[Part 90:101:1947; 1943 NCL § 3035.90]—(NRS A 1969, 1348; 1979,
897; 1985, 1352; 1993, 1659; 2003, 1528 ; 2005, 1309 )
1. In addition to the penalties provided for the violation of any
of the provisions of this title, every person who unlawfully kills or
possesses a big game mammal, bobcat, swan or eagle is liable for a civil
penalty of not less than $250 nor more than $5,000.
2. For the unlawful killing or possession of fish or wildlife not
included in subsection 1, the court may order the defendant to pay a
civil penalty of not less than $25 nor more than $1,000.
3. For hunting, fishing or trapping without a valid license, tag
or permit, the court may order the defendant to pay a civil penalty of
not less than $50 nor more than $250.
4. Every court, before whom a defendant is convicted of unlawfully
killing or possessing any wildlife, shall order the defendant to pay the
civil penalty in the amount stated in this section for each mammal, bird
or fish unlawfully killed or possessed. The court shall fix the manner
and time of payment.
5. The Department may attempt to collect all penalties and
installments that are in default in any manner provided by law for the
enforcement of a judgment.
6. If a person who is ordered to pay a civil penalty pursuant to
this section fails to do so within 90 days after the date set forth in
the order, the Department may suspend, revoke, or refuse to issue or
renew any license, tag, permit, certificate or other document or
privilege otherwise available to the person pursuant to this title or
chapter 488 of NRS.
7. Each court that receives money pursuant to the provisions of
this section shall forthwith remit the money to the Department which
shall deposit the money with the State Treasurer for credit to the
Wildlife Account in the State General Fund.
(Added to NRS by 1981, 541; A 1989, 1777; 1991, 261; 1993, 1659;
2003, 1529 , 2539 )
Any gun, ammunition, trap, snare,
vessel, vehicle, aircraft or other device or equipment used, or intended
for use:
1. To facilitate the unlawful and intentional killing or
possession of any big game mammal;
2. To hunt or kill a big game mammal by using information obtained
as a result of the commission of an act prohibited by NRS 503.010 or a regulation of the Commission which
prohibits the location of big game mammals for the purpose of hunting or
killing by the use of:
(a) An aircraft, including, without limitation, any device that is
used for navigation of, or flight in, the air;
(b) A hot air balloon or any other device that is lighter than air;
or
(c) A satellite or any other device that orbits the earth and is
equipped to produce images, or other similar devices; or
3. Knowingly to transport, sell, receive, acquire or purchase any
big game mammal which is unlawfully killed or possessed,
Ê is subject to forfeiture pursuant to NRS 179.1156 to 179.119 ,
inclusive.
(Added to NRS by 1991, 2283; A 1993, 552; 2005, 1310 )
Whenever any person is halted
by a game warden for any violation of this title, the person shall, in
the discretion of the game warden, either be given a citation or be taken
without unnecessary delay before the proper magistrate. He shall be taken
before the magistrate in either of the following cases:
1. When the person does not furnish satisfactory evidence of
identity; or
2. When the game warden has reasonable and probable grounds to
believe the person will disregard a written promise to appear in court.
(Added to NRS by 1971, 831)
1. If a person who holds:
(a) A license, tag or permit issued by the Department to engage in
any activity authorized or regulated by this title or by a regulation
adopted pursuant thereto; or
(b) A certificate of number issued by the Department,
Ê violates a written promise to appear pursuant to a citation that was
prepared manually or electronically for a violation of a provision of
this title, chapter 488 of NRS or any
regulation adopted pursuant thereto, the clerk of the court shall
immediately notify the Department on a form approved by the Department.
2. Upon receipt of notice from a court in this State of a failure
to appear, the Department shall notify the person by certified mail that
his license, tag, permit or certificate of number is subject to
suspension and allow him 30 days after the date of mailing the notice to:
(a) Appear in court and obtain a dismissal of the citation or
complaint as provided by law;
(b) Appear in court and, if permitted by the court, make an
arrangement acceptable to the court to satisfy a judgment of conviction;
or
(c) Make a written request to the Department for a hearing.
3. If notified by a court within 30 days after the notice of a
failure to appear that a person has been allowed to make an arrangement
for the satisfaction of a judgment of conviction, the Department shall
remove the suspension from the record of the person. If the person
subsequently defaults on his arrangement with the court, the court shall
notify the Department which shall immediately suspend the license, tag,
permit or certificate of number until the court notifies the Department
that the suspension may be removed.
4. The Department shall suspend the license, tag, permit or
certificate of number of a person 31 days after the Department mails him
the notice provided for in subsection 2, unless within that period the
Department receives a written request for a hearing from the person or
notice from the court on a form approved by the Department that the
person has appeared or the citation or complaint has been dismissed. A
license, tag, permit or certificate of number so suspended remains
suspended until further notice is received from the court that the person
has appeared or that the case has been otherwise disposed of as provided
by law.
(Added to NRS by 2005, 1307 )
1. If a person who does not hold:
(a) A license, tag or permit issued by the Department to engage in
any activity authorized or regulated by this title or by a regulation
adopted pursuant thereto; or
(b) A certificate of number issued by the Department,
Ê violates a written promise to appear pursuant to a citation that was
prepared manually or electronically for a violation of a provision of
this title, chapter 488 of NRS or any
regulation adopted pursuant thereto, the clerk of the court shall
immediately notify the Department on a form approved by the Department.
2. Such a person may not apply to the Department for a license,
tag, permit or certificate of number until the Department receives notice
from the court that the person has appeared or that the case has been
otherwise disposed of as provided by law.
(Added to NRS by 2005, 1308 )
1. Except as otherwise provided by specific statute, upon a
conviction of a violation of any provision of this title, or any
regulation adopted pursuant to this title, in addition to the penalty
provided for the violation, the court may require the immediate surrender
of all licenses issued under the provisions of this title and held by the
convicted person. Upon receipt of a surrendered license, the court shall
forward it to the Commission.
2. In addition to the penalty provided for the violation of any of
the provisions of this title, the court may cause to be confiscated all
wildlife taken or possessed by the convicted person. All confiscated
wildlife must be disposed of as directed by the court.
3. A convicted person shall not, during the time his license is
revoked or suspended:
(a) Engage in any activity for which the license was issued; or
(b) Purchase or otherwise obtain a license which has been suspended
or revoked.
4. Any person who is convicted of violating the provisions of
subsection 3 shall be punished by a fine of not more than $1,000 or by
imprisonment in a county jail for a period not to exceed 6 months, or by
both a fine and imprisonment. In addition, the revocation or suspension
of the license of the convicted person may be extended by an amount of
time equal to the original period of revocation or suspension.
[Part 90:101:1947; 1943 NCL § 3035.90]—(NRS A 1957, 160; 1967, 597;
1969, 1349; 1975, 895; 1981, 542; 1989, 730; 1993, 924; 1995, 898)
1. The Commission may, in addition to any suspension, revocation
or other penalty imposed pursuant to any other provision of this title:
(a) Revoke any license of any person who is convicted of a
violation of NRS 503.050 , and may
refuse to issue any new license to the convicted person for any period
not to exceed 5 years after the date of the conviction; and
(b) Revoke any license of any person who is convicted of unlawfully
killing or possessing a bighorn sheep, mountain goat, elk, deer,
pronghorn antelope, mountain lion or black bear in violation of NRS
501.376 , and may:
(1) Refuse to issue any new license to the convicted person
for any period not to exceed 3 years; and
(2) Revoke that person’s privilege to apply for any big game
tag for a period not to exceed 10 years.
2. The court in which the conviction is had shall require the
immediate surrender of all such licenses and shall forward them to the
Commission.
(Added to NRS by 1975, 894; A 1981, 542; 1985, 1353; 1991, 261;
1997, 1027; 2003, 2539 )
1. Except for property described in NRS 501.3857 , equipment:
(a) Seized as evidence in accordance with NRS 501.375 ; and
(b) Not recovered by the owner within 1 year after it is no longer
needed for evidentiary purposes,
Ê becomes the property of the Department.
2. The Department may:
(a) Sell the equipment in accordance with the regulations adopted
pursuant to subsection 5 of NRS 333.220 ;
(b) Donate equipment that is not dangerous to nonprofit
organizations which benefit children;
(c) Donate equipment that is not dangerous to children from
low-income families who attend fishing clinics sponsored by the
Department; or
(d) Retain the equipment for authorized use by the Department.
Ê All money received from the sale of equipment must be deposited with
the State Treasurer for credit to the Wildlife Account in the State
General Fund.
3. Any person of lawful age and lawfully entitled to reside in the
United States may purchase the equipment, whether a prior owner or not.
[90 1/2:101:1947; added 1949, 292; 1943 NCL § 3035.89a]—(NRS A
1969, 1349; 1979, 898; 1989, 731; 1991, 2285; 1993, 1660; 2003, 1529
; 2005, 1310 )
1. The Department may offer a reward for one or more classes of
wildlife, not to exceed $1,000, for information leading to the arrest and
conviction of any person who unlawfully kills or possesses wildlife of
the class specified. The reward must be paid for each person so arrested
and convicted upon his conviction. The reward must be distributed equally
among the persons who supplied the information which led to the arrest
and conviction.
2. The Commission may adopt such regulations as are necessary to
carry out the provisions of this section.
(Added to NRS by 1981, 542; A 1985, 1353; 1993, 1660; 2003, 1529
)
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