USA Statutes : nevada
Title : Title 45 - WILDLIFE
Chapter : CHAPTER 503 - HUNTING, FISHING AND TRAPPING; MISCELLANEOUS PROTECTIVE MEASURES
1. Except as otherwise provided in subsection 2, a person shall
not kill or attempt to kill any birds or animals while flying in an
aircraft.
2. The Commission may promulgate rules and regulations whereby the
Department may issue permits authorizing the hunting, killing or
nonlethal control of coyotes, bobcats or ravens from an aircraft.
3. Every person who willfully violates the provisions of
subsection 1 is guilty of a misdemeanor.
(Added to NRS by 1973, 1674; A 1991, 333; 1993, 1670; 2003, 1545
)
1. Except as otherwise provided in this section or subsection 2 of
NRS 503.005 , it is unlawful to molest,
rally, stir up or drive any game mammals or game birds with an aircraft,
helicopter or motor-driven vehicle, including a motorboat or sailboat.
2. Except as otherwise provided in this subsection, it is unlawful
to shoot at any game mammals or game birds with a weapon from an
aircraft, helicopter or motor-driven vehicle. A person who is a
paraplegic, has had one or both legs amputated or has suffered a
paralysis of one or both legs which severely impedes his walking may
shoot from a stopped motor vehicle which is not parked on the traveled
portion of a public highway, but he may not shoot from, over or across a
highway or road specified in NRS 503.175 .
3. It is unlawful to spot or locate game mammals or game birds
with any kind of aircraft or helicopter and communicate that information,
within 24 hours after the aircraft or helicopter has landed or in
violation of a regulation of the Commission, by any means to a person on
the ground for the purpose of hunting or trapping. The provisions of this
subsection do not prohibit an employee or agent of the Department from
providing general information to the public concerning the location of
game birds or game mammals.
4. It is unlawful to use any information obtained in violation of
the provisions of subsection 3 to hunt or kill game mammals or game birds.
5. It is unlawful to use a helicopter to transport game, hunters
or hunting equipment, except when the cargo or passengers, or both, are
loaded and unloaded at airports, airplane landing fields or heliports,
which have been established by a department or agency of the Federal or
State Government or by a county or municipal government or when the
loading or unloading is done in the course of an emergency or search and
rescue operation.
6. The provisions of subsection 1 do not apply to an employee or
agent of the Department who, while carrying out his duties, conducts a
survey of wildlife with the use of an aircraft.
7. As used in this section, “game bird” does not include a raven
even if classified as a game bird pursuant to NRS 501.110 .
[Part 8:101:1947; A 1949, 292; 1943 NCL § 3035.08]—(NRS A 1969,
1355; 1981, 320; 1989, 731; 1991, 264, 333; 2005, 1311 )
1. It is unlawful for a person, or a group of people acting
together, to intentionally interfere with another person who is lawfully
hunting or trapping. For the purpose of this subsection, hunting or
trapping is “lawful” only if permitted by the owner or person in
possession of the land, other than the government, in addition to any
requirement of license or permit from a public authority.
2. The provisions of subsection 1 do not apply to any incidental
interference arising from lawful activity by users of the public land,
including without limitation ranchers, miners or persons seeking lawful
recreation.
(Added to NRS by 1983, 649; A 1991, 969)
1. Except as otherwise provided in this section, it is unlawful
for any person to have in his control any wildlife or any part thereof,
the killing of which is at any time prohibited, during the time when such
killing is prohibited, and the possession of such wildlife shall be prima
facie evidence that it was the property of the State at the time it was
caught, taken or killed in this State when the killing was unlawful, and
that such taking or killing occurred in the closed season.
2. Wildlife legally taken may be stored in the home of the owner
after the end of the open season for hunting or fishing for it and may be
stored in a public warehouse or commercial refrigerator locker under such
rules as may be adopted by the Commission, but in no case shall more than
the amount designated by law as the legal possession limit be so kept or
stored.
3. The Commission is authorized to make rules requiring evidence
of legal taking in this State, or legal taking under the laws of the
state where taken, to be provided in the case of wildlife kept or stored
after the appropriate open season ends in the form of tags, certificates
or otherwise, if deemed necessary or convenient for the enforcement of
this title.
[87:101:1947; A 1949, 292; 1943 NCL § 3035.87]—(NRS A 1969, 1356)
1. “Meat or game processor” as used in this section means any
person, firm or corporation that receives any game for the purpose of
processing or storage or for the purposes of processing and storage.
2. Any meat or game processor who receives any game for the
purpose of processing or storage may, within 90 days after the receipt
thereof, if such game remains in the possession of such meat or game
processor, dispose of such game to the Department if the owner of such
game has not paid such meat or game processor for the processing or
storage thereof.
3. The Department shall distribute such game to public charities
on a fair and equitable basis.
4. No action may be commenced against such meat or game processor
by the owner of such game after such game has been delivered to the
Department under the provisions of this section.
5. Nothing in this section deprives a meat or game processor of
any remedy at law available to a creditor against a debtor for the
recovery of any money or other legal consideration owing from the owner
of the game to the meat or game processor for such processing or storage.
(Added to NRS by 1959, 365; A 1969, 1356; 1993, 1671; 2003, 1545
)
1. Any commercial preservation facility, including any cold
storage locker, trailer or walk-in facility offered by any commercial
enterprise as a service to its customers or as an attraction to that
enterprise, receiving, possessing or having in custody any game mammals,
game birds or game fish shall maintain accurate records showing the
numbers and kind of such wildlife, the dates received and disposed of,
and the names and addresses of the persons from whom such wildlife were
received and to whom such wildlife were delivered.
2. Any person authorized to enforce the provisions of this title
may enter such facilities at all reasonable hours and inspect the
records, premises and operations.
3. The records required to be maintained must be retained by the
person or persons responsible for their preparation and maintenance for a
period of 1 year following the end of the open season on such wildlife
received.
(Added to NRS by 1969, 1367; A 1991, 264)
1. Except as otherwise provided in this section, it is unlawful
for any person at any time to transport or offer for transportation to
any place within or outside of this State any game mammal, raw furs, wild
mammal taken by trapping, game bird or game fish taken within this State.
2. Any person who has legally taken any game mammal, raw furs,
wild mammal taken by trapping, game bird or game fish within this State
may use his hunting license, trapping license or fishing license or tag
or stamp, when required, as a permit to transport one possession limit to
points within or outside the State.
3. Any person who legally acquires ownership or custody of any
game mammal, raw furs, wild mammal taken by trapping, game bird or game
fish not taken by him through hunting, trapping or fishing may transport
such mammal, furs, bird or fish within the State without a transportation
permit if such shipment does not exceed one possession limit and if such
shipment is labeled with the name, address, number and class of license
of the hunter, trapper or fisherman who legally took such mammal, furs,
bird or fish and date taken, if the mammal, furs, bird or fish is not
required by law or regulation to be tagged. Unless otherwise permitted by
a regulation of the Commission, when tagged shipments are involved, a
transportation permit is required as provided in this section.
4. Any other person who desires to transport any game mammal, raw
furs, wild mammal taken by trapping, game fish or game bird to a point
within or without the State may do so only under the authority of a
transportation permit as provided in this section.
5. The Department shall designate the form of the transportation
permit and such permits may be issued for a fee of $1 by any game warden
or other such persons as may be specifically designated by the
Department. The person legally in possession of the game mammals, raw
furs, wild mammals taken by trapping, game birds or game fish to be
transported must appear before the issuing agent to obtain a
transportation permit. The permit must describe the wildlife to be
transported and identify by name, address, license number and class the
person who legally took the furs or wildlife and by name and address the
person transporting it. Whenever raw furs or wildlife is to be
transported by the postal service or by common carrier, freight or
express agency, such an agency may be designated by name alone.
6. Game mammals, raw furs, wild mammals taken by trapping, game
birds or game fish transported to another person shall be deemed to be in
the legal possession of the person making shipment until actual delivery
is made.
7. Any package or container in which game birds, raw furs, wild
mammals taken by trapping, game mammals or game fish are being
transported by common carrier must have the name and address of the
shipper and of the consignee and an accurate statement of the number and
kinds of game birds, raw furs, wild mammals taken by trapping, game
mammals or game fish contained therein attached to the outside thereof.
8. The Commission may limit the number of shipments by any one
person in any one season of any kind of game bird, game mammal or game
fish.
[32:101:1947; 1943 NCL § 3035.32]—(NRS A 1969, 1357; 1979, 347;
1989, 732; 1991, 265; 1993, 1671; 2003, 1546 )
1. It is unlawful for any person to cause through carelessness,
neglect or otherwise any edible portion of any game bird, game mammal,
game fish or game amphibian to go to waste needlessly.
2. It is unlawful for any person to capture or destroy any game
mammal, except a carnivore, and detach or remove from the carcass the
head, hide, antlers, horns or tusks only and leave the carcass to waste.
3. For the purposes of subsection 1, “game bird” does not include
a raven, crow or magpie even if classified as a game bird pursuant to NRS
501.110 .
[Part 87 1/2:101:1947; 1943 NCL § 3035.87a]—(NRS A 1969, 1358;
1971, 1541; 1991, 266, 334)
HUNTING
It is
unlawful to hunt game mammals or game birds at any time during the year
other than during an open season designated by the Commission pursuant to
the provisions of this title.
[Part 62:101:1947; A 1949, 292; 1951, 494; 1953, 667]—(NRS A 1963,
66; 1969, 1359; 1991, 266)
1. Open seasons as provided pursuant to this title for game
mammals may designate the sex and age class or any obvious physical
characteristic for the mammals which may be taken.
2. With regard to game mammals, the Commission may adopt
regulations defining “bucks only” and “antlerless” mammals.
[61:101:1947; A 1949, 292; 1955, 86]—(NRS A 1969, 1359; 1981, 608;
1991, 266)
It is unlawful for any person subject to the federal migratory
bird hunting stamp tax to hunt any migratory waterfowl unless at the time
of such hunting he carries on his person an unexpired federal migratory
bird hunting stamp validated by his signature written by himself in ink
across the face of the stamp prior to his hunting such birds.
(Added to NRS by 1963, 197; A 1969, 1359)
1. It is unlawful for any person to hunt game mammals or game
birds other than at the times of day which are set for such hunting by
the Commission.
2. Where no time is set by the Commission, it is unlawful for any
person at any time to hunt game mammals or game birds except between
sunrise and sunset, the same to be considered according to government
time reports.
[68:101:1947; A 1949, 292; 1955, 86]—(NRS A 1969, 1359; 1991, 266)
1. Unless otherwise specified by commission regulation, it is
unlawful to hunt:
(a) Any game bird or game mammal with any gun capable of firing
more than one round with one continuous pull of the trigger, or with any
full steel, full steel core, full metal jacket, tracer or incendiary
bullet or shell, or any shotgun larger than number 10 gauge.
(b) Big game mammals in any manner other than with a rifle, held in
the hand, that exerts at least 1,000 foot-pounds of energy at 100 yards,
or with a longbow and arrow which meet the specifications established by
commission regulation.
(c) Small game mammals in any manner other than with a handgun,
shotgun, rifle, longbow and arrow or by means of falconry.
(d) Game birds with any rifle or handgun, or in any manner other
than with a shotgun held in the hand, with a longbow and arrow or by
means of falconry.
(e) Migratory game birds with any shotgun capable of holding more
than three shells.
(f) Any game bird or game mammal with the aid of any artificial
light.
(g) Any big game mammal, except mountain lions, with a dog of any
breed.
2. Nothing in this section prohibits the use of dogs in the
hunting of game birds or small game mammals.
[Part 2:101:1947; A 1949, 292; 1943 NCL § 3035.02]—(NRS A 1957,
175; 1959, 385; 1969, 1360; 1973, 671; 1991, 266)
1. It is unlawful to carry a loaded rifle or loaded shotgun in or
on any vehicle which is standing on or along, or is being driven on or
along, any public highway or any other way open to the public.
2. A rifle or shotgun is loaded, for the purposes of this section,
when there is an unexpended cartridge or shell in the firing chamber, but
not when the only cartridges or shells are in the magazine.
3. The provisions of this section do not apply to paraplegics,
persons with one or both legs amputated or who have suffered a paralysis
of one or both legs which severely impedes walking, or peace officers and
members of the Armed Forces of this State or the United States while on
duty or going to or returning from duty.
(Added to NRS by 1969, 1367; A 1971, 1542; 1981, 321; 1987, 596)
Unless a greater penalty is provided in
NRS 202.287 , a person who discharges a
firearm from, upon, over or across any federal highway, state highway as
described in NRS 408.285 , or main or
general county road as designated in NRS 403.170 , is guilty of a misdemeanor.
(Added to NRS by 1969, 1368; A 1979, 1174; 1989, 1242)
1. Every person involved in a hunting accident where damage to
property results, or which involves the injury of or death to another
person, shall file a report of the accident with the Department within 30
days after the accident. The report must be on the form prescribed by the
Department.
2. The Department shall revoke any hunting license held by a
person convicted of violating NRS 503.165 or 503.175 ,
if the violation results in an injury to or the death of another person.
The Department shall not issue another such license to the person sooner
than 2 years after the revocation.
(Added to NRS by 1987, 596; A 1993, 1672; 2003, 1547 )
1. The Department is empowered to authorize, under permit and for
such fee as may be provided in NRS 502.240 , competitive field trials for hunting dogs or
competitive field trials for falconry. The Commission shall prescribe the
rules and regulations to be followed by those in charge of such trials
insofar as conduct of the field trials has any effect or bearing upon
wildlife and the laws of this State respecting closed and open seasons.
2. For the purpose of permitting such field trials, the Department
may authorize shooting of legally acquired upland game birds during any
closed season on the species of bird or birds to be hunted.
3. All legally acquired upland game birds used in a field trial or
for the purpose of training hunting dogs and for falconry training must
be banded with legbands by the person in charge of such field trial or
training. Such birds may only be released in an area first approved by
the Department, after which the Department shall authorize, under permit
and under such rules and regulations as the Commission may prescribe, the
releasing of such legally acquired upland game birds for the foregoing
purposes.
4. All birds killed under the provisions of this section must be
accompanied by a receipt, giving the permit number, the date, the name of
the person in possession, and signed by the permit holder. Birds killed
and accompanied by a receipt under the provisions of this section may be
legally possessed.
[88 1/2:101:1947; A 1951, 377]—(NRS A 1959, 385; 1967, 989; 1969,
1360; 1993, 1672; 2003, 1547 )
1. It is unlawful for any person to hunt, fish in nonnavigable
waters or trap upon land which is private property where the person has
been warned by the owner or occupant of the property not to trespass in
the manner prescribed in NRS 207.200 ,
or where signs are displayed forbidding hunting, trapping or fishing
without permission obtained from the owner or occupant of the private
property.
2. Any person using that private property for hunting, fishing or
trapping shall comply with the provisions of NRS 207.220 .
[1911 C&P § 501; RL § 6766; NCL § 10448] + [1911 C&P § 502; RL §
6767; NCL § 10449]—(NRS A 1967, 598; 1969, 1361; 2005, 1312 )
It is
unlawful to hunt any alternative livestock reared on or derived from a
farm or other operation that raises alternative livestock.
(Added to NRS by 1993, 431)
Hunting by nonresidents of this State for upland game
birds or one or more species of such class may be forbidden or the number
of licenses for such birds issued to nonresidents limited by the
Commission in any county, counties or in any portion of a county.
[Part 50a:101:1947; added 1949, 292; A 1953, 673]—(NRS A 1965,
1178; 1969, 1355; 1979, 901)
FISHING
1. It is unlawful for any person to fish in or from any of the
waters of the State of Nevada except during the open season as designated
by the Commission under the provisions of this title.
2. The Commission may by regulation allow fishing for any species
of fish during any hour of the day or night.
[38:101:1947; 1943 NCL § 3035.38]—(NRS A 1961, 116; 1969, 1361)
1. Except as otherwise provided in subsection 2, it is unlawful
for any person to fish in or from any of the waters of the State of
Nevada for any fish of any species in any manner other than with hook and
line attached to a rod or reel closely attended in the manner known as
angling. Only one combination of hook, line and rod must be used by one
person at any time, except that a second combination of hook, line and
rod may be used by a person if the person:
(a) Purchases from the Department or a license agent of the
Department a stamp, permit or such documentation as may be provided by
the Department for a second rod;
(b) Uses the rod in the manner prescribed in this section; and
(c) Has in his possession a valid fishing license, combined hunting
and fishing license or permit to fish issued to him by the Department, or
such documentation as the Department provides as proof that he has paid
to the Department, for the licensing period that includes the time he is
fishing, the fee required pursuant to this section.
Ê The fee for the stamp, permit or documentation is $10, and the stamp,
permit or documentation is valid only for the period for which it is
issued.
2. The Commission may by regulation authorize other methods for
taking fish. Frogs may be taken by spear, bow and arrow, hook and line or
by other methods authorized by the Commission’s regulation.
3. For the purposes of this section, “hook” includes not more than
three baited hooks, not more than three fly hooks or not more than two
plugs or similar lures. No more than two such plugs or lures,
irrespective of the number of hooks or attractor blades attached thereto,
may be attached to the line.
[Part 45:101:1947; A 1949, 125; 1953, 667]—(NRS A 1957, 175; 1959,
386; 1969, 1362; 1983, 853; 1995, 82; 2003, 1547 , 2550 )
1. The Commission may prescribe by regulation the types of bait
and methods by which it may or may not be used in any designated water.
It is unlawful for any person to use any bait prohibited by regulation.
2. The Commission may by regulation control the practice known as
chumming.
[Part 45:101:1947; A 1949, 125; 1953, 667]—(NRS A 1969, 1362)
1. The Commission may regulate or prohibit the use of live bait in
fishing so that no undesirable species are introduced into the public
waters of this State.
2. Any person engaged in the sale of live bait must first obtain a
permit from the Department for the fee provided in NRS 502.240 . The permit may be revoked for any violation
of regulations.
3. The Commission may prescribe the species which may be held or
sold by the permittee.
[Part 43:101:1947; A 1949, 292; 1951, 494]—(NRS A 1961, 113; 1969,
1362; 1987, 562; 1993, 1673; 2003, 1548 )
1. It is unlawful for any person at any time to fish from any
state hatchery, or from any waters set aside or used for the purpose of
rearing or growing fish for transplanting by the State.
2. Nothing in this section prohibits employees of the Department
from handling, at any time, all such fish, as may be required in the
propagation, care and distribution of the fish.
[41:101:1947; 1943 NCL § 3035.41]—(NRS A 1969, 1363; 1981, 543;
1993, 1673; 2003, 1548 )
The
Department may take or permit the commercial taking of unprotected
wildlife in any manner approved by the Commission. The Commission may fix
a price to be paid for wildlife so taken. Unprotected wildlife taken
under this authorization may be sold.
[Part 44:101:1947; 1943 NCL § 3035.44]—(NRS A 1969, 1363; 1987,
562; 1993, 1673; 2003, 1548 )
1. Every person who has erected, or who may hereafter erect, any
dams, water weirs or other obstructions to the free passage of fish in
the rivers, streams, lakes or other waters of the State of Nevada shall
construct and keep in repair, to the satisfaction of the Department,
fishways or fish ladders at all such dams, water weirs or other
obstructions so that at all seasons of the year fish may ascend above
such dams, water weirs or other obstructions to deposit their spawn.
2. Every person so placing, controlling or owning any such
obstruction who fails to comply with the provisions of this section after
having been notified in writing so to do by the Department, and every
person who at any time willfully or knowingly destroys, injures or
obstructs any fishway or fish ladder which is required by law is guilty
of a misdemeanor.
[29:101:1947; 1943 NCL § 3035.29]—(NRS A 1969, 1363; 1993, 1673;
2003, 1548 )
1. It shall be unlawful for any person to dry up, impede or
interfere with the free flow of water through any fish ladder upon any
stream in this State, when there is sufficient unappropriated or unused
water in such stream for use therein, by diverting the same from above
and around such fish ladder by means of any ditch, canal or aqueduct, and
permitting the same to waste, spill or flow back into the stream below
such fish ladder by means of a spillway, tailrace, overflow, underpass,
headgate or other appliance not equipped with an efficient and adequate
fish ladder.
2. This section shall not be construed to impair any subsisting
right to divert water from such stream for irrigation, domestic or
culinary purposes.
[31:101:1947; 1943 NCL § 3035.31]
1. Any person, firm or corporation owning in whole or in part any
canal, ditch or any artificial watercourse, taking or receiving its
waters from any river, creek or lake in which fish have been placed or
may exist, shall place or cause to be placed, and such persons shall
maintain at the intake or inlet of such canal, ditch or watercourse, a
grating, screen or other device, either stationary or operated
mechanically, of such construction, fineness, strength and quality as may
be designated by the Department, to prevent any fish from entering such
canal, ditch or watercourse.
2. If such person, firm or corporation, after due notice from the
Department, fails to install or maintain such grating, screen or device,
the Commission is authorized to enter upon lands adjacent to the inlet of
such canal, ditch or watercourse, and may install therein, and thereafter
maintain, such grating, screen or device as in the discretion of the
Department is proper.
3. It is unlawful for any person or persons, except a game warden,
to remove, tamper with, destroy or in any way molest such screens when
the same have been installed.
[30:101:1947; 1943 NCL § 3035.30]—(NRS A 1969, 1363; 1993, 1673;
2003, 1549 )
1. Before a person may use any vacuum or suction dredge equipment
in any river, stream or lake of this State, he must submit an application
to the Department. The application must be accompanied by a fee of $15
and must specify the type and size of equipment to be used and its
location. If the Department determines that the operations will not be
deleterious to fish, it shall issue a permit to the applicant.
2. A permit issued pursuant to subsection 1 does not authorize the
recipient to use any equipment in any navigable body of water unless the
recipient has obtained the appropriate permit for such a use from the
State Land Registrar.
3. It is unlawful for any person to:
(a) Conduct dredging operations without securing a permit pursuant
to subsection 1;
(b) Operate any equipment other than that specified in the permit;
or
(c) Conduct a dredging operation outside the area designated on the
permit.
(Added to NRS by 1969, 1368; A 1981, 357; 1993, 1459, 1674; 1995,
579; 2003, 1549 , 2551 )
Except as otherwise provided in NRS
445A.615 or unless a greater penalty
is prescribed by NRS 459.600 , every
person who places or allows to pass, or who places where it can pass or
fall, into or upon any of the waters of this State at any time, any lime,
gas tar, slag, acids or other chemical, sawdust, shavings, slabs,
edgings, mill or factory refuse, sewage, garbage or any substance
deleterious to fish or wildlife is guilty of a misdemeanor for the first
offense and a gross misdemeanor for any subsequent offense.
[28:101:1947; 1943 NCL § 3035.28]—(NRS A 1957, 176; 1987, 562;
1989, 1269; 1991, 830)
FUR-BEARING MAMMALS AND TRAPPING
1. Except as otherwise provided in NRS 503.470 , it is unlawful to trap or kill fur-bearing
mammals at any time during the year other than during an open season as
designated by the Commission pursuant to the provisions of this title.
2. The Commission, in its sole discretion, may set the open season
for fur-bearing mammals.
[73:101:1947; A 1949, 292; 1943 NCL § 3035.73]—(NRS A 1969, 1364;
1991, 267)
It is unlawful
for any person at any time to hunt any fur-bearing mammal in any manner
other than by trap, gun or bow and arrow.
[Part 74:101:1947; 1943 NCL § 3035.74]—(NRS A 1983, 854; 1991, 267)
Each trap, snare or similar device used
in the taking of wild mammals may bear a number registered with the
Department or be permanently marked with the name and address of the
owner or trapper using it. If a trap is registered, the registration is
permanent. A registration fee of $10 for each registrant is payable only
once, at the time the first trap, snare or similar device is registered.
(Added to NRS by 1979, 346; A 1983, 854; 1991, 267; 1993, 1674;
1995, 898; 2003, 1549 , 2551 )
1. Every person who takes fur-bearing mammals by any legal method
or unprotected mammals by trapping or sells raw furs for profit shall
procure a trapping license.
2. It is unlawful to remove or disturb the trap of any holder of a
trapping license while the trap is being legally used by him on public
land or on land where he has permission to trap.
(Added to NRS by 1979, 347; A 1983, 854; 1991, 267, 1575)
1. Fur-bearing mammals injuring any property may be taken or
killed at any time in any manner, provided a permit is first obtained
from the Department.
2. When the Department has determined from investigations or upon
a petition signed by the owners of 25 percent of the land area in any
irrigation district or the area served by a ditch company alleging that
an excessive population of beaver or otter exists or that beaver or otter
are doing damage to lands, streams, ditches, roads or water control
structures, the Department shall remove such excess or depredating beaver
or otter.
[Part 75:101:1947; R 1953, 671; added 1953, 671]—(NRS A 1967, 1201;
1969, 1364; 1991, 267; 1993, 1674; 2003, 1549 )
Whenever the Department determines that beaver or otter
are doing damage and that it will be necessary to remove beaver or otter
from the land of a person to protect the lands of another landowner, the
Department is not prevented from taking such beaver or otter by the
refusal of the landowner to allow the employees of the Department to
enter upon his land. The Department is authorized to enter upon the lands
of such owner and remove beaver or otter for the relief of other
landowners and the protection of the public welfare.
[Part 75:101:1947; R 1953, 671; added 1953, 671]—(NRS A 1969, 1365;
1993, 1674; 2003, 1550 )
1. A person taking or causing to be taken wild mammals by means of
traps, snares or any other devices which do not, or are not designed to,
cause immediate death to the mammals, shall, if the traps, snares or
devices are placed or set to take mammals, visit or cause to be visited
at least once each 96 hours each trap, snare or other device during all
of the time the trap, snare or device is placed, set or used to take wild
mammals, and remove therefrom any mammals caught therein.
2. The provisions of subsection 1 do not apply to employees of the
State Department of Agriculture or the United States Department of
Agriculture when acting in their official capacities.
[1:107:1937; 1931 NCL § 3153.01] + [2:107:1937; 1931 NCL §
3153.02]—(NRS A 1967, 599; 1969, 1365; 1979, 348; 1981, 608; 1991, 268,
334; 1993, 1674; 1999, 3626 )
The Department,
with the approval of the Commission, may sell live beaver.
[Part 75:101:1947; R 1953, 671; added 1953, 671]—(NRS A 1969, 1365;
1993, 1675; 2003, 1550 )
1. For the purposes of this section, “public road or highway”
means:
(a) A highway designated as a United States highway.
(b) A highway designated as a state highway pursuant to the
provisions of NRS 408.285 .
(c) A main or general county road as defined by NRS 403.170 .
2. It is unlawful for any person, company or corporation to place
or set any steel trap, used for the purpose of trapping mammals, larger
than a No. 1 Newhouse trap, within 200 feet of any public road or highway
within this State.
3. This section does not prevent the placing or setting of any
steel trap inside, along or near a fence which may be situated less than
200 feet from any public road or highway upon privately owned lands.
[1:155:1931] + [2:155:1931]—(NRS A 1960, 229; 1967, 599; 1969,
1365; 1979, 1175; 1991, 268)
RAPTORS
Except as otherwise provided in
this section, it is unlawful for any person to hunt, trap, possess or
sell any species, native or otherwise, of owl, hawk or other birds of
prey, including all raptors or the parts thereof, without first obtaining
a permit from the Department. The Commission may adopt regulations:
1. Covering the hunting, trapping, possession or sale of any of
those species.
2. Authorizing a person to hunt, trap, possess or sell any of
those species without obtaining a permit pursuant to the provisions of
this section.
(Added to NRS by 1969, 774; A 1971, 1542; 1993, 1675; 1995, 118;
2003, 1550 )
1. Except as otherwise provided in this section, any person who
practices falconry or trains birds of prey must obtain a falconry license
from the Department upon payment of a license fee as provided in NRS
502.240 .
2. The licensee, under permit, may obtain from the wild only two
birds per year. All such birds of prey must be banded in accordance with
regulations adopted by the Commission.
3. Birds of prey may not be taken, captured or disturbed during
the months in which they breed.
4. This section does not prohibit the capture or killing of a hawk
or an owl by holders of scientific collecting permits.
5. The Commission may adopt regulations authorizing a person to
practice falconry or train birds of prey without obtaining a falconry
license pursuant to the provisions of subsection 1.
(Added to NRS by 1969, 774; A 1969, 1376; 1971, 1542; 1981, 608;
1993, 1675; 1995, 118; 2003, 1550 )
[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
permit or license issued pursuant to NRS 503.582 or 503.583
that does not expire less than 6 months after it is issued and any
pertinent changes in that information.
(Added to NRS by 1997, 2086; A 2003, 1550 )
[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 permit or license issued pursuant to NRS 503.582 or 503.583
that does not expire less than 6 months after it is issued, the
Department shall deem the permit or 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 permit or license by the district attorney or other public
agency pursuant to NRS 425.550 stating
that the holder of the permit or license has complied with the subpoena
or warrant or has satisfied the arrearage pursuant to NRS 425.560 .
2. The Department shall reinstate a permit or license issued
pursuant to NRS 503.582 or 503.583
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 permit or license was suspended stating that the
person whose permit or 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, 1550 )
PROTECTION AND PROPAGATION OF NATIVE FAUNA
1. The Legislature finds that:
(a) The economic growth of the State of Nevada has been attended
with some serious and unfortunate consequences. Nevada has experienced
the extermination or extirpation of some of her native species of
animals, including fish and vertebrate wildlife. Serious losses have
occurred and are occurring in other species of native wild animals with
important economic, educational, historical, political, recreational,
scientific and aesthetic values.
(b) The people of the State of Nevada have an obligation to
conserve and protect the various species of native fish and wildlife that
are threatened with extinction.
2. The purpose of NRS 503.584 to
503.589 , inclusive, is to provide a
program for the:
(a) Conservation, protection, restoration and propagation of
selected species of native fish and other vertebrate wildlife, including
migratory birds; and
(b) Perpetuation of the populations and habitats of such species.
(Added to NRS by 1969, 773)
A species or subspecies of native fish, wildlife and other
fauna must be regarded as threatened with extinction when the Commission,
after consultation with competent authorities, determines that its
existence is endangered and its survival requires assistance because of
overexploitation, disease or other factors or its habitat is threatened
with destruction, drastic modification or severe curtailment. Any animal
so declared to be threatened with extinction must be placed on the list
of fully protected species, and no member of its kind may be captured,
removed or destroyed at any time by any means except under special permit
issued by the Department.
(Added to NRS by 1969, 774; A 1969, 1376; 1993, 1675; 2003, 1551
)
Where any bird, mammal or other wildlife which
is declared to be in danger of extinction pursuant to NRS 503.585 is found to be destructive of domestic animals
or fowl or a menace to health, the Department may provide for its
destruction or its removal, alive, for translocating.
(Added to NRS by 1969, 774; A 1969, 1376; 1993, 1675; 2003, 1551
)
The Commission shall use its
authority to manage land to carry out a program for conserving,
protecting, restoring and propagating selected species of native fish,
wildlife and other vertebrates and their habitats which are threatened
with extinction and destruction.
(Added to NRS by 1969, 774; A 1979, 901)
The Governor shall review the
programs which he administers and, to the extent practicable, utilize
such programs in furtherance of the purpose of NRS 503.584 to 503.589 ,
inclusive, and shall encourage other state and federal agencies to use
their authorities in such a manner.
(Added to NRS by 1969, 774)
In carrying out the
program authorized by NRS 503.584 to
503.589 , inclusive, the Director shall
cooperate, to the maximum extent practicable, with other states and with
the counties in the State of Nevada, and he may enter into agreements
with such other states and counties and with other legal entities for the
administration and management of any area established pursuant to NRS
503.584 to 503.589 , inclusive, for the conservation, protection,
restoration and propagation of species of native fish, wildlife and other
fauna which are threatened with extinction.
(Added to NRS by 1969, 774; A 1993, 1676; 2003, 1551 )
MISCELLANEOUS PROTECTIVE MEASURES
1. Except as otherwise provided in this section, a person may
maintain a noncommercial collection of legally obtained live wildlife if:
(a) Such a collection is not maintained for public display nor as a
part of or adjunct to any commercial establishment; and
(b) The wildlife contained in such a collection is of a species
which may be possessed in accordance with regulations adopted by the
Commission pursuant to subsection 2 of NRS 504.295 .
2. The Commission may adopt reasonable regulations establishing
minimum standards for the fencing or containment of any collection of
wildlife.
3. The provisions of this section do not apply to alternative
livestock and products made therefrom.
[1:72:1947; 1943 NCL § 3154.05] + [2:72:1947; 1943 NCL § 3154.06] +
[3:72:1947; A 1955, 196] + [4:72:1947; 1943 NCL § 3154.08]—(NRS A 1959,
387; 1967, 1126; 1969, 1366, 1453; 1971, 1187; 1981, 609; 1993, 431)
After the owner or tenant of any land or property has made a
report to the Department indicating that such land or property is being
damaged or destroyed, or is in danger of being damaged or destroyed, by
wildlife, the Department may, after thorough investigation and pursuant
to such regulations as the Commission may promulgate, cause such action
to be taken as it may deem necessary, desirable and practical to prevent
or alleviate such damage or threatened damage to such land or property.
[8.5:101:1947; added 1955, 73]—(NRS A 1969, 1551; 1971, 1542; 1973,
287; 1993, 1676; 2003, 1551 )
1. Except as otherwise provided in this section, it is unlawful,
except by the written consent and approval of the Department, for any
person at anytime to receive, bring or have brought or shipped into this
State, or remove from one stream or body of water in this State to any
other, or from one portion of the State to any other, or to any other
state, any aquatic life or wildlife, or any spawn, eggs or young of any
of them.
2. The Department shall require an applicant to conduct an
investigation to confirm that such an introduction or removal will not be
detrimental to the wildlife or the habitat of wildlife in this State.
Written consent and approval of the Department may be given only if the
results of the investigation prove that the introduction, removal or
importation will not be detrimental to existing aquatic life or wildlife,
or any spawn, eggs or young of any of them.
3. The Commission may through appropriate regulation provide for
the inspection of such introduced or removed creatures and the inspection
fees therefor.
4. The Commission may adopt regulations to prohibit the
importation, transportation or possession of any species of wildlife
which the Commission deems to be detrimental to the wildlife or the
habitat of the wildlife in this State.
5. The provisions of this section do not apply to alternative
livestock and products made therefrom.
[Part 43:101:1947; A 1949, 292; 1951, 494]—(NRS A 1957, 175; 1969,
1358; 1993, 431, 1676; 1995, 514; 2003, 1552 )
1. Except as otherwise provided in subsection 2, it is unlawful
for any person, firm, company, corporation or association to kill,
destroy, wound, trap, injure, possess dead or alive, or in any other
manner to catch or capture, or to pursue with such intent the birds known
as the bald eagle and the golden eagle, or to take, injure, possess or
destroy the nests or eggs of such birds.
2. The Department may issue permits to take bald eagles or golden
eagles whenever it determines that they have become seriously injurious
to wildlife or agricultural or other interests in any particular area of
the State and the injury complained of is substantial and can only be
abated by taking some or all of the offending birds. The issuance of such
permits must be consistent with federal law.
[66:101:1947; 1943 NCL § 3035.66] + [1911 C&P § 546; RL § 6811; NCL
§ 10492]—(NRS A 1963, 1277; 1969, 1366; 1993, 1676; 2003, 1552 )
Except as otherwise provided by this title or a regulation adopted
pursuant thereto, it is unlawful for any person to hunt or take any dead
or alive birds, nests of birds or eggs of birds protected by that certain
Act of Congress commonly known and referred to as the Migratory Bird
Treaty Act of July 3, 1918, as amended, 16 U.S.C. §§ 703 et seq., or
protected by a regulation of the Commission.
[67:101:1947; 1943 NCL § 3035.67] + [1911 C&P § 547; RL § 6812; NCL
§ 10493]—(NRS A 1969, 1367; 2005, 1312 )
1. Except as otherwise provided in NRS 503.150 , it is unlawful for the owner of any dog to
permit such dog to run at large if such dog is actively tracking,
pursuing, harassing, attacking or killing any big game mammal within this
State.
2. Any such dog running at large may be destroyed by any peace
officer without criminal or civil liability therefor.
(Added to NRS by 1973, 845; A 1991, 268)
1. It is unlawful for the owner of any dog to permit such dog to
run at large if such dog is actively tracking, pursuing, harassing,
attacking or killing any wildlife in a state-owned wildlife management
area, as provided in NRS 504.143 .
2. Any such dog running at large may be destroyed by any peace
officer, without criminal or civil liability therefor.
(Added to NRS by 1973, 845)
Nothing in this title:
1. Prohibits any person, upon the written permit of the
Department, from taking, killing, possessing or banding any species of
wildlife, or collecting the nest or eggs thereof, for strictly scientific
or educational purposes, the number and species of wildlife to be limited
by the Department.
2. Prevents shipping into any other county or state, under a
written permit issued by the Department, any wildlife for scientific or
educational purposes.
Ê The amount of the fee for a permit to collect wildlife for scientific
or educational purposes is $50.
[72:101:1947; 1943 NCL § 3035.72]—(NRS A 1969, 1367; 1971, 1543;
1981, 357, 609; 1991, 268; 1993, 1676; 2003, 1552 , 2551 )
It is
unlawful for any person to camp within 100 yards of a water hole in such
a manner that wildlife or domestic stock will be denied access to such
water hole.
(Added to NRS by 1975, 1453)
