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2005 Nevada Revised Statutes - Chapter 504 — Management and Propagation

CHAPTER 504 - MANAGEMENT AND PROPAGATION

WILDLIFE MANAGEMENT AREAS

NRS 504.140 Agreementswith landowners; closed zones; limitation on number of hunters and fishermen.

NRS 504.143 Creationand maintenance by Commission; power to permit access to and use of area;regulations.

NRS 504.147 Leasesof grazing rights and sales of agricultural products by Department. [Effectiveuntil the conveyance of the Carson Lake Pasture to the State of Nevada.]

NRS 504.147 Leasesof grazing rights and sales of agricultural products by Department. [Effectiveupon the conveyance of the Carson Lake Pasture to the State of Nevada.]

PREVENTION AND MITIGATION OF DAMAGE CAUSED BY CERTAIN GAMEMAMMALS

NRS 504.155 Receiptof money by Department; accounting and disbursement.

NRS 504.165 Disbursementof money: Regulations of Commission; proof required from claimant.

NRS 504.175 Reportsto Legislature.

NRS 504.185 Inapplicabilityto certain alternative livestock and game mammals.

CAPTURE, SEIZURE OR DESTRUCTION OF RELEASED OR ESCAPEDWILDLIFE

NRS 504.245 Authorityand immunity of Department; duty and liability of owner or possessor ofwildlife.

POSSESSION OF LIVE WILDLIFE

NRS 504.295 Prohibitedacts; regulations; licenses; inapplicability to alternative livestock.

SHOOTING PRESERVES FOR UPLAND GAME BIRDS

NRS 504.300 Establishmentof commercial or private shooting preserve.

NRS 504.310 License:Application; issuance; fee.

NRS 504.320 Rulesand regulations governing species that may be taken.

NRS 504.330 Shootinghours on preserves.

NRS 504.340 Privatepreserves open to public during regular open season; charge may be made.

NRS 504.350 Invoicesfor birds taken.

NRS 504.360 Recordsand reports of licensees; inspections.

NRS 504.370 Rulesand regulations for operation and maintenance of preserves.

NRS 504.380 Penalties.

HUNTING AND FISHING GUIDES

NRS 504.390 Licensing;records; regulations. [Effective until the date of the repeal of the federallaw requiring each state to establish procedures for withholding, suspendingand restricting the professional, occupational and recreational licenses forchild support arrearages and for noncompliance with certain processes relatingto paternity or child support proceedings.]

NRS 504.390 Licensing;records; regulations. [Effective on the date of the repeal of the federal lawrequiring each state to establish procedures for withholding, suspending andrestricting the professional, occupational and recreational licenses for childsupport arrearages and for noncompliance with certain processes relating topaternity or child support proceedings.]

NRS 504.395 Actingas guide without license: Penalty; forfeiture.

NRS 504.398 Suspensionof license for failure to pay child support or comply with certain subpoenas orwarrants; reinstatement of license. [Expires by limitation on the date of therepeal of the federal law requiring each state to establish procedures for withholding,suspending and restricting the professional, occupational and recreationallicenses for child support arrearages and for noncompliance with certainprocesses relating to paternity or child support proceedings.]

PRESERVATION OF WILD HORSES

NRS 504.430 Definitions.

NRS 504.440 Commissionfor Preservation of Wild Horses: Creation; membership; terms and compensationof members; meetings.

NRS 504.450 HeilTrust Fund for Wild Horses.

NRS 504.460 Appointmentand duties of Administrator of Commission; prerequisites to filing of certainprotests or appeals on behalf of Commission; review by Commission.

NRS 504.470 Powersand duties of Commission.

NRS 504.480 Agreementswith Federal Government.

NRS 504.485 Wildlifeagencies required to confer with Commission regarding consultations withSecretary of Interior.

NRS 504.490 Unlawfulacts; penalty.

_________

WILDLIFE MANAGEMENT AREAS

NRS 504.140 Agreementswith landowners; closed zones; limitation on number of hunters and fishermen.

1. The Department is authorized, subject to approvalby the Commission, to enter into agreements with landowners, individually or ingroups, to establish wildlife management areas and to enforce regulationsnecessary thereto for the purpose of providing greater areas for the public tohunt or fish on private lands and to protect the landowner or lessee fromdamage due to trespass or excessive hunting or fishing pressure.

2. Such an agreement must require that the Departmentdesignate certain portions of the area as closed zones for the protection oflivestock, buildings, persons and other properties.

3. The zones must be posted conspicuously along allboundaries and it is unlawful to hunt, fish or trespass therein or to hunt orfish on any cooperative area contrary to the regulations provided.

4. The agreement may designate the number of huntersor fishermen who may be admitted to the area, if such limitation is necessaryor desirable.

[10.1:101:1947; added 1951, 544](NRS A 1969, 1368;1993, 1677; 2003,1552)

NRS 504.143 Creationand maintenance by Commission; power to permit access to and use of area;regulations.

1. To effectuate a coordinated and balanced programresulting in the maximum revival of wildlife in the State and in the maximumrecreational advantages to the people of the State, the Commission has createdand maintains state-owned wildlife management areas, and, in cooperation withthe United States Fish and Wildlife Service, the Department of Interior andother federal agencies, has created and maintains other cooperative wildlifemanagement areas.

2. The Commission may permit hunting, fishing ortrapping on or within, or access to, occupancy and use of, areas so created andmaintained.

3. The Commission may by regulation:

(a) Establish, extend, shorten or abolish open seasonsand closed seasons within such areas.

(b) Establish, change or abolish bag and creel limitsand possession limits in such areas.

(d) Establish, change or abolish restrictions in suchareas based upon sex, maturity or other physical distinctions.

(Added to NRS by 1959, 87; A 1969, 1368)

NRS 504.147 Leasesof grazing rights and sales of agricultural products by Department. [Effectiveuntil the conveyance of the Carson Lake Pasture to the State of Nevada.]

1. The Department may, if such leases or sales do notinterfere with the use of such real property for wildlife management or forhunting or fishing thereon:

(a) Lease, for a term not exceeding 5 years, grazing orpasturage rights in and to real property which is assigned to the Departmentfor administration.

(b) Sell crops or agricultural products of whateverkind 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 sellor offer for sale agricultural products as provided in subsection 1, theDepartment may do so only by advertising for bids, reserving in suchadvertising the right to reject any or all bids.

3. The Department may enter into such a lease with ormake such a sale to a state agency without advertising for bids if the rentagreed to be paid for the lease or the sale price agreed to be paid for anyagricultural commodities to be sold is, in the opinion of the Department, equalto the amount that would be obtained by advertising for bids.

4. If the Department finds that the highest or bestbid is less than the amount that should be paid, the Department may reject allbids and negotiate with interested persons for such lease or sale, but shallnot accept any negotiated price if it is less in amount than the highest bidtendered for the same lease or sale.

5. If the deed to real property assigned to theDepartment for administration contains a covenant or provision giving to thegrantor an option to meet the highest bid for any lease by the Department ofgrazing or pasturage rights to the real property or the sale of agriculturalproducts from it, the Department shall comply with the terms of the covenant orprovision in the deed.

(Added to NRS by 1961, 665; A 1969, 1549; 1979, 901;1993, 447, 1677; 1995, 521; 2003, 1553)

NRS 504.147 Leases of grazing rights and sales ofagricultural products by Department. [Effective upon the conveyance of the Carson Lake Pasture to the State of Nevada.] Except asotherwise provided in a special act pertaining to a particular area:

1. The Department may, if such leases or sales do notinterfere with the use of such real property for wildlife management or forhunting or fishing thereon:

(a) Lease, for a term not exceeding 5 years, grazing orpasturage rights in and to real property which is assigned to the Departmentfor administration.

(b) Sell crops or agricultural products of whateverkind produced on such real property.

(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 ofNevada)

PREVENTION AND MITIGATION OF DAMAGE CAUSED BY CERTAIN GAMEMAMMALS

NRS 504.155 Receiptof money by Department; accounting and disbursement. Allgifts, grants, fees and appropriations of money received by the Department forthe prevention and mitigation of damage caused by elk or game mammals notnative to this State, and the interest and income earned on the money, less anyapplicable charges, must be accounted for separately within the WildlifeAccount and may only be disbursed as provided in the regulations adoptedpursuant to NRS 504.165.

(Added to NRS by 1989, 2020; A 1991, 268; 1993, 1678;2003, 1553)

NRS 504.165 Disbursementof money: Regulations of Commission; proof required from claimant.

1. The Commission shall adopt regulationsgoverning the disbursement of money to:

(a) Prevent or mitigate damage to private property andprivately maintained improvements, including, without limitation, fences;

(b) Prevent or mitigate damage to fences on publiclands;

(c) Construct fences around sources of water on privatelands or public lands where there has been damage to the area near such sourcesof water; and

(d) Compensate persons for grazing reductions and theloss of stored and standing crops,

caused byelk or game mammals not native to this State.

2. The regulations must contain:

(a) Requirements for the eligibility of those personsclaiming damage to private property, privately maintained improvements, fenceson public lands or areas near sources of water on public lands to receive moneyor materials from the Department, including:

(1) A requirement that such a person enter intoa cooperative agreement with the Director for purposes related to this title;and

(2) A requirement that if the claim is for moneyor materials from the Department for the construction of a fence around asource of water on private land or public land, such a person must:

(I) Conduct a physical inspection of theprivate land or public land upon which the fence is proposed to be constructedto determine the most effective manner in which to protect the source of waterand to determine the most effective manner in which to provide access to asource of water for livestock and wildlife that is located outside the fenceand within a reasonable distance from the fence;

(II) Conduct the inspection described insub-subparagraph (I) in consultation with the persons or entities which will bedirectly affected by the construction of the fence, including, withoutlimitation, an owner of the private land on which the fence is proposed to beconstructed, a governmental entity that manages the public land on which thefence is proposed to be constructed, a holder of a permit to graze livestock onthe public land, if applicable, and a person who holds a water right which willbe directly affected by the construction of the fence; and

(III) Enter into a cooperative agreementwith the persons and entities described in sub-subparagraph (II) for purposesrelated to the construction of the fence in accordance with the results of theinspection conducted pursuant to this subparagraph.

(b) Procedures for the formation of local panels toassess damage caused by elk or game mammals not native to this State and todetermine the value of a loss claimed if the person claiming the loss and theDepartment do not agree on the value of the loss.

(c) Procedures for the use on private property orpublic lands of materials purchased by the State to prevent damage caused byelk or game mammals not native to this State.

(d) Any other regulations necessary to carry out theprovisions of this section and NRS 504.155and 504.175.

3. The regulations must:

(a) Provide for the payment of money or othercompensation to cover the costs of labor and materials necessary to:

(1) Prevent or mitigate damage to privateproperty, privately maintained improvements and fences on public lands causedby elk or game mammals not native to this State; and

(2) Construct fences around sources of water onprivate or public lands if:

(I) Elk or game mammals not native to thisState have caused damage to the area near such sources of water; and

(II) A source of water for livestock andwildlife is available outside such a fence and within a reasonable distancefrom such a fence or will be made available at such a location.

(b) Prohibit a person who has, within a particularcalendar year, applied for or received a special incentive elk tag pursuant to NRS 502.142 from applying, within the samecalendar year, for compensation pursuant to this section for the same privateland.

4. Money may not be disbursed to a claimant pursuantto this section unless the claimant shows by a preponderance of the evidencethat the damage for which the claimant is seeking compensation was causedsolely by elk or game mammals not native to this State.

5. As used in this section, public lands means alllands within the exterior boundaries of the State of Nevada except lands:

(a) To which title is held by any private person orentity;

(b) To which title is held by the State of Nevada, anyof its local governments or the Nevada System of Higher Education;

(c) Which are located within congressionally authorizednational parks, monuments, national forests or wildlife refuges, or which arelands acquired by purchase consented to by the Legislature;

(d) Which are controlled by the United StatesDepartment of Defense, Department of Energy or Bureau of Reclamation; or

(e) Which are held in trust for Indian purposes or areIndian reservations.

(Added to NRS by 1989, 2020; A 1991, 269; 1993, 1678;1997, 1380; 1999, 437;2003, 512, 1554)

NRS 504.175 Reportsto Legislature. The Director shall, on orbefore the fifth calendar day of each regular session of the Legislature,submit to the Legislature a report summarizing the actions taken by theDepartment to prevent or mitigate damage caused by elk or game mammals notnative to this state. The report must include a list of the expenditures madepursuant to this section and NRS 504.155and 504.165 during the precedingbiennium and a determination of the amount of money remaining for thosepurposes.

(Added to NRS by 1989, 2020; A 1991, 269; 1993, 1678;2003, 1554)

NRS 504.185 Inapplicabilityto certain alternative livestock and game mammals. Theprovisions of NRS 504.155 to 504.185, inclusive, do not apply to:

1. Alternative livestock; or

2. Game mammals not native to this State,

that areheld 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 ESCAPEDWILDLIFE

NRS 504.245 Authorityand immunity of Department; duty and liability of owner or possessor ofwildlife.

1. Any species of wildlife, including alternativelivestock, that:

(a) Is released from confinement without the priorwritten authorization of the Department; or

(b) Escapes from the possessors control,

may becaptured, seized or destroyed by the Department if the Department determinesthat such actions are necessary to protect wildlife and the habitat of wildlifein this State.

2. The owner or possessor of such wildlife:

(a) Shall report its escape immediately after receivingknowledge of the escape; and

(b) Is liable for the costs incurred by the Departmentto capture, maintain and dispose of the wildlife and for any damage caused bythe wildlife.

3. The Department is not liable for any damage towildlife, or caused by wildlife, in carrying out the provisions of thissection.

(Added to NRS by 1993, 432; A 1995, 514; 2003, 1555)

POSSESSION OF LIVE WILDLIFE

NRS 504.295 Prohibitedacts; regulations; licenses; inapplicability to alternative livestock.

1. Except as otherwise provided in this section and NRS 503.590, or unless otherwise specifiedby a regulation adopted by the Commission, no person may:

(a) Possess any live wildlife unless he is licensed bythe Department to do so.

(b) Capture live wildlife in this State to stock acommercial or noncommercial wildlife facility.

2. The Commission shall adopt regulations for thepossession of live wildlife. The regulations must set forth the species ofwildlife which may be possessed and propagated, and provide for the inspectionby the Department of any related facilities.

3. In accordance with the regulations of theCommission, the Department may issue commercial and noncommercial licenses forthe possession of live wildlife upon receipt of the applicable fee.

4. The provisions of this section do not apply toalternative livestock and products made therefrom.

(Added to NRS by 1987, 563; A 1993, 432, 1679; 1995,514; 2003, 1555)

SHOOTING PRESERVES FOR UPLAND GAME BIRDS

NRS 504.300 Establishmentof commercial or private shooting preserve. Anyperson who owns or controls the shooting rights or privileges on an enclosedtract of land may establish a commercial or private shooting preserve for thepropagation, culture and maintenance of upland game birds pursuant to theprovisions of this chapter and commission regulations.

[Part 83.1:101:1947; added 1951, 443](NRS A 1957,262; 1969, 1372; 1981, 610)

NRS 504.310 License:Application; issuance; fee.

1. Before being entitled to the benefits of anycommercial or private shooting preserve, the owner or proprietor thereof mustmake 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 thepreserve.

(d) If the application is for a commercial shootingpreserve, a statement of fees that are to be collected for the privilege ofshooting on the preserve.

2. If, after investigation, the Department issatisfied that the tract is suitable for the purpose, and that theestablishment of such a preserve will not conflict with the public interest,the Department may issue a commercial or private shooting preserve license uponthe payment of a license fee as provided in NRS502.240.

[Part 83.1:101:1947; added 1951, 443](NRS A 1969,1372; 1993, 1679; 2003,1555)

NRS 504.320 Rulesand regulations governing species that may be taken. TheCommission may establish rules and regulations governing the species of uplandgame birds that may be taken on a commercial or private shooting preserve.

[Part 83.1:101:1947; added 1951, 443](NRS A 1957,262; 1959, 86; 1969, 1373; 1993, 1679; 2003, 1556, 2552)

NRS 504.330 Shootinghours on preserves. Shooting hours for theareas licensed under NRS 504.300 to 504.380, inclusive, shall be the same asthose fixed by the Commission for upland game throughout the State.

[Part 83.1:101:1947; added 1951, 443]

NRS 504.340 Privatepreserves open to public during regular open season; charge may be made. Any private shooting preserve licensed under NRS 504.300 to 504.380, inclusive, shall not be closed tothe general public during the regular open season, but a charge may be made forhunting on such preserve during the regular open season.

[Part 83.1:101:1947; added 1951, 443](NRS A 1957,263)

NRS 504.350 Invoicesfor birds taken.

1. No game bird taken in accordance with theprovisions of NRS 504.300 to 504.380, inclusive, may be removed from thelicensed premises until the licensee or his agent has attached thereto aninvoice, signed by the licensee or his agent, stating:

(a) The number of his license.

(b) The name of the shooting preserve.

(d) The kind and number of such birds.

(e) The name and address of the hunter killing suchbirds.

2. The invoice must authorize transportation and useof the birds.

3. Within 1 week thereafter, the licensee or his agentshall mail, postpaid, a duplicate of the invoice to the Department.

[Part 83.1:101:1947; added 1951, 443](NRS A 1957,263; 1969, 1373; 1993, 1679; 2003, 1556)

NRS 504.360 Recordsand reports of licensees; inspections. Everylicensee of a commercial or private shooting preserve under this chapter shallkeep records and make an annual report to the Department of the number of birdsreleased and the number of birds killed on the preserve. The report must beverified by the affidavit of the licensee or his agent. The record must becontinuous and kept on the premises described in the application for license,and the licensee shall allow any person authorized to enforce the provisions ofthis Title to enter such premises and inspect his operations and records at allreasonable hours.

[Part 83.1:101:1947; added 1951, 443](NRS A 1969,1373; 1993, 1680; 2003,1556)

NRS 504.370 Rulesand regulations for operation and maintenance of preserves.

1. The Commission is authorized to prescribe rules andregulations for the operation and maintenance of commercial and privateshooting preserves so as to provide for the manner of taking, possession anddisposal of game birds therefrom, the kind and type of records to be kept bythe licensee and the manner of enclosing and posting the licensed premises, notinconsistent with the provisions of NRS504.300 to 504.380, inclusive.

2. No rules and regulations shall be prescribed by theCommission fixing the daily bag limit on such birds.

[Part 83.1:101:1947; added 1951, 443](NRS A 1957,263; 1969, 1373)

NRS 504.380 Penalties. The violation of any of the provisions of NRS 504.300 to 504.370, inclusive, or the rules andregulations prescribed by the Commission is punishable in accordance with theprovisions of NRS 501.385, and in additionthereto any license issued under the provisions of NRS 504.300 to 504.370, inclusive, may be revoked by theCommission or by a court of competent jurisdiction for the balance of thelicense 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

1. As used in this section, unless the contextrequires otherwise, guide means to assist another person in hunting wildmammals or wild birds and fishing and includes the transporting of anotherperson or his equipment to hunting and fishing locations within a generalhunting and fishing area whether or not the guide determines the destination orcourse of travel.

2. Each person who provides guide service forcompensation or provides guide service as an incidental service to customers ofany commercial enterprise, whether a direct fee is charged for the guideservice or not, must obtain a master guide license from the Department. Such alicense 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 licenseand acts as a guide in the course of that activity must obtain a subguidelicense from the Department. Such a license must not be issued to any personwho has not reached 18 years of age. The provisions of this subsection do notapply to a person who:

(a) Is employed by or assists a person who holds amaster guide license solely for the purpose of cooking, cutting wood or caringfor, grooming or saddling livestock; or

(b) Holds a master guide license which authorizes himto provide services for the same species and in the same areas as the guide whoemploys him or requests his assistance and has submitted to the Department a notarizedstatement which indicates that he is employed by or provides assistance to theguide. The statement must be signed by both guides.

4. Fees for master guide and subguide licenses must beas provided in NRS 502.240.

5. Any person who desires a master guide license mustapply for the license on a form prescribed and furnished by the Department. Theapplication must contain the social security number of the applicant and suchother information as the Commission may require by regulation. If that personwas not licensed as a master guide during the previous licensing year, hisapplication must be accompanied by a nonrefundable fee of $1,500.

6. Any person who desires a subguide license mustapply for the license on a form prescribed and furnished by the Department. Ifthat 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 guidelicense to operate in any area where a special use permit is required withoutfirst obtaining a permit unless he is employed by or providing assistance to aguide pursuant to subsection 3.

8. The holder of a master guide license shall maintainrecords of the number of hunters and fishermen served, and any otherinformation which the Department may require concerning fish and game taken bysuch persons. The information must be furnished to the Department on request.

9. If any licensee under this section, or personserved by a licensee, is convicted of a violation of any provision of thistitle or chapter 488 of NRS, the Commissionmay revoke the license of the licensee and may refuse issuance of anotherlicense to the licensee for a period not to exceed 5 years.

10. The Commission may adopt regulations covering theconduct and operation of a guide service.

11. The Department may issue master guide and subguidelicenses that are valid only in certain management areas, management units oradministrative regions in such a manner as may be determined by the regulationsof 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)

NRS 504.390 Licensing; records; regulations.[Effective on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

(a) Is employed by or assists a person who holds amaster guide license solely for the purpose of cooking, cutting wood or caringfor, grooming or saddling livestock; or

(b) Holds a master guide license which authorizes himto provide services for the same species and in the same areas as the guide whoemploys him or requests his assistance and has submitted to the Department anotarized statement which indicates that he is employed by or provides assistanceto the guide. The statement must be signed by both guides.

4. Fees for master guide and subguide licenses must beas provided in NRS 502.240.

5. Any person who desires a master guide license mustapply for the license on a form prescribed and furnished by the Department. Theapplication must contain such information as the Commission may require byregulation. If that person was not licensed as a master guide during theprevious licensing year, his application must be accompanied by a nonrefundablefee of $1,500.

10. The Commission may adopt regulations covering theconduct and operation of a guide service.

[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 onthe date of the repeal of the federal law requiring each state to establishprocedures for withholding, suspending and restricting the professional,occupational and recreational licenses for child support arrearages and fornoncompliance with certain processes relating to paternity or child supportproceedings)

NRS 504.393 Submissionof certain information regarding holder of license to Division of Welfare andSupportive Services of Department of Health and Human Services. [Expires bylimitation on the date of the repeal of the federal law requiring each state toestablish procedures for withholding, suspending and restricting theprofessional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.] The Departmentshall, upon request of the Division of Welfare and Supportive Services of theDepartment of Health and Human Services, submit to the Division of Welfare andSupportive Services the name, address and social security number of each personwho holds a master guide license or subguide license and any pertinent changesin that information.

(Added to NRS by 1997, 2086; A 2003, 1557)

NRS 504.395 Actingas guide without license: Penalty; forfeiture.

1. Any person who acts as a master guide or as asubguide without first obtaining a license pursuant to NRS 504.390 is guilty of a grossmisdemeanor.

2. Any vessel, vehicle, aircraft, pack or ridinganimal or other equipment used by a person operating in violation of subsection1 is subject to forfeiture upon the conviction of that person of a grossmisdemeanor 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)

1. If the Department receives a copy of a courtorder issued pursuant to NRS 425.540that provides for the suspension of all professional, occupational and recreationallicenses, certificates and permits issued to a person who is the holder of a masterguide license or subguide license, the Department shall deem the license issuedto that person to be suspended at the end of the 30th day after the date onwhich the court order was issued unless the Department receives a letter issuedto the holder of the license by the district attorney or other public agencypursuant to NRS 425.550 stating that theholder of the license has complied with the subpoena or warrant or hassatisfied the arrearage pursuant to NRS425.560.

2. The Department shall reinstate a master guidelicense or subguide license that has been suspended by a district courtpursuant to NRS 425.540 if the Departmentreceives a letter issued by the district attorney or other public agencypursuant to NRS 425.550 to the personwhose license was suspended stating that the person whose license was suspendedhas complied with the subpoena or warrant or has satisfied the arrearagepursuant to NRS 425.560.

(Added to NRS by 1997, 2086; A 2003, 1557)

PRESERVATION OF WILD HORSES

NRS 504.430 Definitions. As used in NRS 504.430to 504.490, inclusive:

1. Administrator means the Administrator of theCommission.

2. Commission means the Commission for thePreservation of Wild Horses.

3. Director means the Director of the StateDepartment of Conservation and Natural Resources.

4. Heil Trust means the money given to the State bythe Estate of Leo Heil for the preservation of wild horses in Nevada.

5. Wild horse means a horse, mare or colt which isunbranded and unclaimed and lives on public land.

(Added to NRS by 1985, 1887; A 1991, 910; 1997, 2532)

NRS 504.440 Commissionfor Preservation of Wild Horses: Creation; membership; terms and compensationof members; meetings.

1. There is hereby created in the State Department ofConservation and Natural Resources the Commission for the Preservation of WildHorses. The Commission consists of five members appointed by the Governor asfollows:

(a) A representative of an organization whose purposeis to preserve wild horses and whose headquarters are in Nevada;

(b) An owner or manager of property used for ranching;and

(1) Are not engaged in ranching or farming; and

(2) Have not been previously engaged in effortsto protect wild horses.

2. After the initial terms, the members shall serveterms of 3 years. Any vacancy in the membership must be filled for theunexpired term.

3. Each member of the Commission is entitled toreceive a salary of not more than $80, as fixed by the Commission, for each dayhe 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 andtravel expenses provided for state officers and employees generally.

5. The Commission shall meet at least quarterly eachyear and on the call of the Administrator or any two members.

(Added to NRS by 1985, 1887; A 1989, 1717, 1999;1997, 2533)

NRS 504.450 HeilTrust Fund for Wild Horses.

1. There is hereby created as a trust fund, the HeilTrust 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 sourcedesignated for deposit in the Fund, must be deposited in that Fund. TheDirector shall administer the Fund.

2. The money in the Fund must be invested as othermoney of the State is invested. All interest earned on the deposit orinvestment of the money in the Fund must be credited to that Fund.

3. The Director shall authorize the expenditure of theinterest and principal of the Fund but the principal of the Fund must not bereduced to less than $900,000, unless the expenditure is approved by theLegislature, if it is in session, or the Interim Finance Committee. Claimsagainst the Fund must be paid as other claims against the State are paid.

4. The expenses of the Commission must be paid fromthe Fund.

(Added to NRS by 1985, 1887; A 1991, 910; 1997, 2533;2001, 1114; 2003, 3070)

NRS 504.460 Appointmentand duties of Administrator of Commission; prerequisites to filing of certainprotests or appeals on behalf of Commission; review by Commission.

1. The Director shall appoint an Administrator who isin the unclassified service of the State and serves at the pleasure of theDirector. The Administrator must have substantial knowledge of wild horses andtheir habitat and an interest in their protection. The Administrator shallappoint 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 orappeal of an administrative decision concerning the management of wild horsesmay be filed in any action or proceeding on behalf of the Commission by theAdministrator or any other person unless the filing is approved by the Directorand a copy of the filing is provided to:

(a) Each person who is authorized to graze livestock onthe public land which is the subject of the filing;

(b) The chairman of the board of county commissionersof each county where any part of the public land that is the subject of thefiling is located; and

TheCommission shall review the matter concerning the filing at its next meeting.

(Added to NRS by 1985, 1888; A 1997, 2534)

NRS 504.470 Powersand duties of Commission.

1. The primary duties of the Commission are topreserve viable herds of wild horses on public lands designated by theSecretary of the Interior as sanctuaries for the protection of wild horses andburros pursuant to 16 U.S.C. 1333(a), at levels known to achieve a thrivingnatural ecological balance, within the limitations of the natural resources ofthose lands and the use of those lands for multiple purposes, and to identifyprograms for the maintenance of those herds. To carry out these duties, theCommission shall:

(a) Promote the management and protection of wildhorses;

(b) Act as liaison between the State, the generalpublic and interested organizations on the issue of the preservation of wildhorses;

(d) Solicit and accept contributions for the Heil TrustFund for Wild Horses;

(e) Recommend to the Legislature legislation which isconsistent with federal law;

(f) Develop, identify, initiate, manage and coordinateprojects to study, preserve and manage wild horses and their habitat;

(g) Monitor the activities of state and federalagencies, including the military, which affect wild horses;

(h) Participate in programs designed to encourage theprotection and management of wild horses;

(i) Develop and manage a plan to educate and inform thepublic of the activities of the Commission for the Preservation of Wild Horses;

(j) Report biennially to the Legislature concerning itsprograms, objectives and achievements; and

(k) Take any action necessary to fulfill the intent ofthe Heil Trust.

2. The Commission may:

(a) Grant an award in an amount it considersappropriate for information leading to the conviction of a person who violatesfederal or state laws concerning wild horses; and

(b) Adopt regulations necessary to carry out thepurposes of NRS 504.430 to 504.490, inclusive.

(Added to NRS by 1985, 1888; A 1991, 911; 1997, 2534)

NRS 504.480 Agreementswith Federal Government. The Commission may enterinto agreements with the Federal Government to:

1. Coordinate research by state and federal agenciesconcerning wild horses and their habitat.

2. Create a range for wild horses for the study ofwild horses and to allow the public to view them in their natural habitat.

3. Finance improvements to benefit wild horses onfederal lands.

4. Coordinate efforts to apprehend and prosecuteviolators of federal and state laws concerning wild horses.

(Added to NRS by 1985, 1889; A 1991, 912)

NRS 504.485 Wildlifeagencies required to confer with Commission regarding consultations withSecretary of Interior. The wildlife agenciesof this state which consult with the Secretary of the Interior pursuant to 16U.S.C. 1333(b)(1) regarding wild horses and burros in this state, shallconfer with the Commission regarding those consultations and allow theCommission to participate in those consultations to the extent possible.

(Added to NRS by 1991, 910)

NRS 504.490 Unlawfulacts; penalty.

1. Any person, not authorized to do so, who:

(a) Removes or attempts to remove a wild horse from thepublic lands;

(b) Converts a wild horse to private use;

(d) Uses an aircraft or a motor vehicle to hunt anywild horse;

(e) Pollutes or causes the pollution of a watering holeon public land to trap, wound, kill or maim a wild horse;

(f) Makes or causes the remains of a wild horse to bemade into any commercial product;

(g) Sells a wild horse which strays onto privateproperty; or

(h) Willfully violates a regulation adopted by theCommission for the Preservation of Wild Horses,

is guilty ofa gross misdemeanor.

2. A person who willfully and maliciously kills a wildhorse 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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