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 fishermen
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 )
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)
[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 )
[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
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 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
)
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 and
504.175 .
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 )
The Director shall, on or
before the fifth calendar day of each regular session of the Legislature,
submit to the Legislature a report summarizing the actions taken by the
Department to prevent or mitigate damage caused by elk or game mammals
not native to this state. The report must include a list of the
expenditures made pursuant to this section and NRS 504.155 and 504.165
during the preceding biennium and a determination of the amount of money
remaining for those purposes.
(Added to NRS by 1989, 2020; A 1991, 269; 1993, 1678; 2003, 1554
)
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
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
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 he 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
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)
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 )
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 )
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]
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)
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 his agent has attached thereto an invoice,
signed by the licensee or his agent, stating:
(a) The number of his 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 his 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 )
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 his
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 his operations and records at all reasonable hours.
[Part 83.1:101:1947; added 1951, 443]—(NRS A 1969, 1373; 1993,
1680; 2003, 1556 )
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)
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
[Effective until the
date of the repeal of 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 requires otherwise,
“guide” means to assist another person in hunting wild mammals or wild
birds and fishing and includes the transporting of another person or his
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 or caring for,
grooming or saddling livestock; or
(b) Holds a master guide license which authorizes him to provide
services for the same species and in the same areas as the guide who
employs him or requests his assistance and has submitted to the
Department a notarized statement which indicates that he 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, his 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,
his 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 he 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 fishermen 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 )
[Effective on the
date of the repeal of 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 requires otherwise,
“guide” means to assist another person in hunting wild mammals or wild
birds and fishing and includes the transporting of another person or his
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 or caring for,
grooming or saddling livestock; or
(b) Holds a master guide license which authorizes him to provide
services for the same species and in the same areas as the guide who
employs him or requests his assistance and has submitted to the
Department a notarized statement which indicates that he 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, his 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,
his 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 he 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 fishermen 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 , effective on the date of the repeal of
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)
[Expires by limitation on the date of the
repeal of 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 )
1. Any person who acts as a master guide or as a subguide without
first obtaining a license pursuant to NRS 504.390 is guilty of a gross misdemeanor.
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 if that person knew or should have known that the vessel,
vehicle, aircraft, animal or equipment would be used in violation of
subsection 1.
(Added to NRS by 1987, 1454)
[Expires by limitation on the date of the repeal of 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
As used in NRS 504.430 to 504.490 ,
inclusive:
1. “Administrator” means the Administrator of the Commission.
2. “Commission” means the Commission for the Preservation of Wild
Horses.
3. “Director” means the Director of the State Department of
Conservation and Natural Resources.
4. “Heil Trust” means the money given to the State by the Estate
of Leo Heil for the preservation of wild horses in Nevada.
5. “Wild horse” means a horse, mare or colt which is unbranded and
unclaimed and lives on public land.
(Added to NRS by 1985, 1887; A 1991, 910; 1997, 2532)
1. There is hereby created in the State Department of Conservation
and Natural Resources the Commission for the Preservation of Wild Horses.
The Commission consists of five members appointed by the Governor as
follows:
(a) A representative of an organization whose purpose is to
preserve wild horses and whose headquarters are in Nevada;
(b) An owner or manager of property used for ranching; and
(c) Three members of the general public who:
(1) Are not engaged in ranching or farming; and
(2) Have not been previously engaged in efforts to protect
wild horses.
2. After the initial terms, the members shall serve terms of 3
years. Any vacancy in the membership must be filled for the unexpired
term.
3. Each member of the Commission is entitled to receive a salary
of not more than $80, as fixed by the Commission, for each day he is
engaged in the business of the Commission.
4. While engaged in the business of the Commission, each member of
the Commission is entitled to receive the per diem allowance and travel
expenses provided for state officers and employees generally.
5. The Commission shall meet at least quarterly each year and on
the call of the Administrator or any two members.
(Added to NRS by 1985, 1887; A 1989, 1717, 1999; 1997, 2533)
1. There is hereby created as a trust fund, the Heil Trust Fund
for Wild Horses. The Fund is a continuing fund without reversion. All
money received from the Heil Trust, and all money from any other source
designated for deposit in the Fund, must be deposited in that Fund. The
Director shall administer the Fund.
2. The money in the Fund must be invested as other money of the
State is invested. All interest earned on the deposit or investment of
the money in the Fund must be credited to that Fund.
3. The Director shall authorize the expenditure of the interest
and principal of the Fund but the principal of the Fund must not be
reduced to less than $900,000, unless the expenditure is approved by the
Legislature, if it is in session, or the Interim Finance Committee.
Claims against the Fund must be paid as other claims against the State
are paid.
4. The expenses of the Commission must be paid from the Fund.
(Added to NRS by 1985, 1887; A 1991, 910; 1997, 2533; 2001, 1114
; 2003, 3070 )
1. The Director shall appoint an Administrator who is in the
unclassified service of the State and serves at the pleasure of the
Director. The Administrator must have substantial knowledge of wild
horses and their habitat and an interest in their protection. The
Administrator shall appoint any clerical or technical employees necessary
to carry out his duties.
2. The Administrator shall:
(a) Carry out the policies of the Commission; and
(b) Act as the recording secretary for the Commission.
3. No written protest, petition for judicial review or appeal of
an administrative decision concerning the management of wild horses may
be filed in any action or proceeding on behalf of the Commission by the
Administrator or any other person unless the filing is approved by the
Director and a copy of the filing is provided to:
(a) Each person who is authorized to graze livestock on the public
land which is the subject of the filing;
(b) The chairman of the board of county commissioners of each
county where any part of the public land that is the subject of the
filing is located; and
(c) Each member of the Commission.
Ê The Commission shall review the matter concerning the filing at its
next meeting.
(Added to NRS by 1985, 1888; A 1997, 2534)
1. The primary duties of the Commission are to preserve viable
herds of wild horses on public lands designated by the Secretary of the
Interior as sanctuaries for the protection of wild horses and burros
pursuant to 16 U.S.C. § 1333(a), at levels known to achieve a thriving
natural ecological balance, within the limitations of the natural
resources of those lands and the use of those lands for multiple
purposes, and to identify programs for the maintenance of those herds. To
carry out these duties, the Commission shall:
(a) Promote the management and protection of wild horses;
(b) Act as liaison between the State, the general public and
interested organizations on the issue of the preservation of wild horses;
(c) Advise the Governor on the status of wild horses in Nevada and
the activities of the Commission;
(d) Solicit and accept contributions for the Heil Trust Fund for
Wild Horses;
(e) Recommend to the Legislature legislation which is consistent
with federal law;
(f) Develop, identify, initiate, manage and coordinate projects to
study, preserve and manage wild horses and their habitat;
(g) Monitor the activities of state and federal agencies, including
the military, which affect wild horses;
(h) Participate in programs designed to encourage the protection
and management of wild horses;
(i) Develop and manage a plan to educate and inform the public of
the activities of the Commission for the Preservation of Wild Horses;
(j) Report biennially to the Legislature concerning its programs,
objectives and achievements; and
(k) Take any action necessary to fulfill the intent of the Heil
Trust.
2. The Commission may:
(a) Grant an award in an amount it considers appropriate for
information leading to the conviction of a person who violates federal or
state laws concerning wild horses; and
(b) Adopt regulations necessary to carry out the purposes of NRS
504.430 to 504.490 , inclusive.
(Added to NRS by 1985, 1888; A 1991, 911; 1997, 2534)
The Commission
may enter into agreements with the Federal Government to:
1. Coordinate research by state and federal agencies concerning
wild horses and their habitat.
2. Create a range for wild horses for the study of wild horses and
to allow the public to view them in their natural habitat.
3. Finance improvements to benefit wild horses on federal lands.
4. Coordinate efforts to apprehend and prosecute violators of
federal and state laws concerning wild horses.
(Added to NRS by 1985, 1889; A 1991, 912)
The wildlife
agencies of this state which consult with the Secretary of the Interior
pursuant to 16 U.S.C. § 1333(b)(1) regarding wild horses and burros in
this state, shall confer with the Commission regarding those
consultations and allow the Commission to participate in those
consultations to the extent possible.
(Added to NRS by 1991, 910)
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;
(g) Sells a wild horse which strays onto private property; or
(h) Willfully violates a regulation adopted by the Commission for
the Preservation of Wild Horses,
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 )
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