2005 Nevada Revised Statutes - Chapter 501 — Administration and Enforcement

Title 45 - WILDLIFE

CHAPTER 501 - ADMINISTRATION ANDENFORCEMENT

GENERAL PROVISIONS

NRS 501.003 Alternativelivestock defined.

NRS 501.005 Biggame mammal defined.

NRS 501.010 Boarddefined.

NRS 501.013 Chummingdefined.

NRS 501.015 Closedseason defined.

NRS 501.020 Commissiondefined.

NRS 501.023 Countydefined.

NRS 501.024 Departmentdefined.

NRS 501.026 Directordefined.

NRS 501.030 Fishes,fishing, fished and to fish defined.

NRS 501.035 Fur-bearingmammal defined.

NRS 501.037 Gameamphibian defined.

NRS 501.045 Gamefish defined.

NRS 501.046 Gamemammal defined.

NRS 501.047 Gamewarden defined.

NRS 501.050 Hunting,hunted and to hunt defined.

NRS 501.055 Migratorygame birds defined.

NRS 501.065 Openseason defined.

NRS 501.088 Took,taken, taking and to take defined.

NRS 501.090 Trapping,trapped and to trap defined.

NRS 501.095 Upland game birds defined.

NRS 501.096 Vesseldefined.

NRS 501.097 Wildlifedefined.

NRS 501.100 Legislativedeclaration regarding wildlife.

NRS 501.102 Legislativedeclaration regarding hunting.

NRS 501.105 Commissionto establish policies and adopt regulations.

NRS 501.110 Classificationof wildlife.

NRS 501.115 Acceptanceof federal aid in projects for restoration of wildlife.

NRS 501.117 Acceptanceof federal aid in projects for restoration and management of fish.

NRS 501.118 Mannerof publication of order or regulation regarding seasons, bag limits or hours.

NRS 501.119 Collectionof data from hunters, trappers and fishermen; penalty for failure to comply;immunity from prosecution on basis of information supplied.

BOARD OF WILDLIFE COMMISSIONERS

NRS 501.167 Creation;number and appointment of members.

NRS 501.171 Appointmentand qualifications of members; officers.

NRS 501.172 Removalof member from office.

NRS 501.177 Meetings;quorum.

NRS 501.179 Compensationof members.

NRS 501.181 Duties;regulations.

NRS 501.1812 Systemof assessing demerit points for wildlife convictions: Definitions.

NRS 501.1814 Systemof assessing demerit points for wildlife convictions: Establishment andadministration of system; assessment and deletion of points.

NRS 501.1816 Systemof assessing demerit points for wildlife convictions: Reduction of accumulatedpoints; suspension or revocation of licenses, permits or privileges.

NRS 501.1817 Systemof assessing demerit points for wildlife convictions: Judicial review ofsuspension or revocation of license, permit or privilege.

NRS 501.1818 Systemof assessing demerit points for wildlife convictions: Regulations.

NRS 501.182 Cooperativeagreements with adjoining states.

NRS 501.243 Enforcementof chapter 488 of NRS; regulations;cooperative agreements.

COUNTY ADVISORY BOARD TO MANAGE WILDLIFE

NRS 501.260 Creation;number of members; officers.

NRS 501.265 Appointmentof members; vacancies.

NRS 501.270 Qualificationsof members.

NRS 501.275 Appointmentand terms of members.

NRS 501.285 Compensationof members.

NRS 501.290 Meetings.

NRS 501.293 Removalof member.

NRS 501.297 Duties:Evaluating local opinion and advising Commission.

NRS 501.303 Duties:Submission of recommendations; attendance of chairman or other members atmeetings of Commission.

NRS 501.310 Fundfor advisory board.

NRS 501.320 Budgets.

NRS 501.325 Dutiesof county auditor and county treasurer.

DEPARTMENT OF WILDLIFE

NRS 501.331 Creation;administration of laws.

NRS 501.333 Director:Appointment; qualifications; classification.

NRS 501.337 Director:Duties.

NRS 501.339 Director:Exercise of powers of Commission in emergency; designation of deputies and gamewardens.

NRS 501.341 Offices.

NRS 501.343 Collectionand dissemination of certain information; publications.

NRS 501.346 Feesfor advertising in printed materials or on website of Department.

NRS 501.349 Gamewardens.

NRS 501.351 Cooperativeand reciprocal agreements.

NRS 501.352 Reportingof suspected communicable diseases in wildlife.

NRS 501.3525 Takingof wildlife by employee of Department.

NRS 501.354 Receipt,deposit and expenditure of money.

NRS 501.356 WildlifeAccount.

NRS 501.3575 WildlifeHeritage Trust Account.

NRS 501.359 WildlifeImprest Account.

NRS 501.361 PettyCash Account.

NRS 501.363 ChangeAccount.

ENFORCEMENT AND PENALTIES

NRS 501.375 Powersand duties of game wardens, sheriffs and other peace officers.

NRS 501.376 Unlawfulkilling or possession of bighorn sheep, mountain goat, elk, deer, pronghornantelope, mountain lion or black bear; criminal penalties.

NRS 501.377 Unlawfulto remove, tamper with or alter tag placed on wildlife or equipment seized asevidence.

NRS 501.379 Unlawfulsales of wildlife or importation of game mammals, game birds or gameamphibians; exception.

NRS 501.381 Unlawfulsale of game fish.

NRS 501.383 Unlawfulvandalism of sign or notice erected by Department.

NRS 501.385 Unlawfulacts; criminal penalties.

NRS 501.3855 Civilpenalties.

NRS 501.3857 Forfeitures.

NRS 501.386 Citationof violators.

NRS 501.3865 Failureto appear by holder of license, tag or permit.

NRS 501.3867 Failureto appear by person who does not hold license, tag or permit.

NRS 501.387 Penaltiesconcerning licenses; confiscation and disposal of wildlife.

NRS 501.388 Revocationof license and of privilege to apply for big game tag on conviction of certainviolations.

NRS 501.389 Sale, donation or retention of equipment seized as evidence.

NRS 501.395 Rewards.

_________

GENERAL PROVISIONS

NRS 501.003 Alternativelivestock defined. As used in this title,alternative livestock means the following species, including subspecies, ofthe family Cervidae, if they are born and reared in captivity and raised onprivate property to produce meat or other by-products of animals or as breedingstock to produce alternative livestock:

1. Fallow deer (Dama dama).

2. Reindeer (Rangifer tarandus).

(Added to NRS by 1993, 429; A 2005, 205)

NRS 501.005 Biggame mammal defined. As used in this title,big game mammal means any game mammal so classified by Commission regulation.

(Added to NRS by 1991, 258)

NRS 501.010 Boarddefined. As used in this title, board meansthe county advisory board to manage wildlife.

[Part 5:101:1947; 1943 NCL 3035.05](NRS A 1985,1349)

NRS 501.013 Chummingdefined. As used in this title, chummingmeans the placing in the water of fish, parts of fish or other material uponwhich fish feed, for the purpose of attracting fish to a particular area inorder that they may be taken.

(Added to NRS by 1969, 1350)

NRS 501.015 Closedseason defined. As used in this title,closed season means all periods except those designated as open season.During any such season it is unlawful to fish, to hunt game mammals or gamebirds or to hunt or trap fur-bearing mammals. There is no closed season onthose species of wild mammals or wild birds classified as unprotected.

[Part 6:101:1947; A 1949, 292; 1951, 544](NRS A1969, 1345; 1991, 258)

NRS 501.020 Commissiondefined. Except as otherwise provided in NRS 504.430 to 504.490, inclusive, as used in this title,unless the context otherwise requires, Commission means the Board of WildlifeCommissioners.

[Part 5:101:1947; 1943 NCL 3035.05](NRS A 1979,890; 1997, 2532)

NRS 501.023 Countydefined. As used in this title, county, whenappearing alone or in the reference framework of county advisory board tomanage wildlife, board of county commissioners or any county officer, includesand applies to Carson City.

(Added to NRS by 1969, 1350; A 1985, 1349)

NRS 501.024 Departmentdefined. As used in this title, Departmentmeans the Department of Wildlife.

(Added to NRS by 2003, 1520)

NRS 501.026 Directordefined. As used in this title, Directormeans the Director of the Department.

(Added to NRS by 2003, 1520)

NRS 501.030 Fishes,fishing, fished and to fish defined. Asused in this title, the words to fish and their derivatives, fishes,fishing and fished, mean catching, taking, capturing, killing, injuring orcrippling of a fish or game amphibian, and every attempt to do so.

[4:101:1947; 1943 NCL 3035.04](NRS A 1969, 1345;1993, 66)

NRS 501.035 Fur-bearingmammal defined. As used in this title,fur-bearing mammal means any mammal so classified by Commission regulation.

[Part 1:101:1947; 1943 NCL 3035.01](NRS A 1959,360; 1969, 1345; 1991, 258)

NRS 501.037 Gameamphibian defined. As used in this title,game amphibian means any amphibian so classified by Commission regulation.

(Added to NRS by 1971, 1538)

NRS 501.045 Gamefish defined. As used in this title, gamefish means any fish so classified by Commission regulation.

[Part 1:101:1947; 1943 NCL 3035.01](NRS A 1959,361; 1969, 1345)

NRS 501.046 Gamemammal defined. As used in this title, gamemammal means any mammal so classified by Commission regulation.

[Part 1:101:1947; 1943 NCL 3035.01](NRS A 1959,361; 1969, 1345; 1991, 258)(Substituted in revision for NRS 501.040)

NRS 501.047 Gamewarden defined. As used in this title, gamewarden means any person authorized by the Director to enforce the provisionsof this title and of chapter 488 of NRS.

(Added to NRS by 1969, 1350; A 1993, 1653; 2003, 1521)

NRS 501.050 Hunting,hunted and to hunt defined. As used inthis title, the words to hunt and their derivatives, hunting and hunted,mean to search for, pursue or attract wild mammals or birds for the purpose andwith the means of capturing, injuring or killing them, every attempt tocapture, injure or kill wild mammals or birds, and every act of assistance toany other person in capturing, injuring or killing such mammals or birds.

[Part 2:101:1947; A 1949, 292; 1943 NCL 3035.02](NRS A 1969, 1346; 1991, 258)

NRS 501.055 Migratorygame birds defined. As used in this title, migratorygame birds means any birds so classified by Commission regulation.

[Part 1:101:1947; 1943 NCL 3035.01](NRS A 1959,361; 1969, 1346)

NRS 501.065 Openseason defined. As used in this title, openseason means that period designated pursuant to the provisions of this titleduring which it is legal to fish or to hunt game mammals or game birds or tohunt or to trap fur-bearing mammals. Such period includes the first day and lastday designated. There is no open season on those species of wildlife classifiedas protected.

[Part 6:101:1947; A 1949, 292; 1951, 544](NRS A1969, 1346; 1991, 258)

NRS 501.088 Took,taken, taking and to take defined. Asused in this title, unless the context otherwise requires, the words to takeand their derivatives, took, taken and taking, when used in reference towildlife, mean to kill, capture, shoot, trap, catch, wound, possess, collect,seine, snare or net, and every attempt to do so.

(Added to NRS by 1993, 133)

NRS 501.090 Trapping,trapped and to trap defined. As used inthis title, the words to trap and their derivatives, trapping andtrapped, mean to set or operate any device, mechanism or contraption that isdesigned, built or made to close upon or hold fast any wild mammal or wild birdand every act of assistance to any person in so doing.

[3:101:1947; 1943 NCL 3035.03](NRS A 1969, 1346;1991, 258)

NRS 501.095 Uplandgame birds defined. As used in this title,upland game birds means any birds so classified by Commission regulation.

[Part 1:101:1947; 1943 NCL 3035.01](NRS A 1959,361; 1969, 1347)

NRS 501.096 Vesseldefined. As used in this title, vessel meansevery kind of watercraft, other than a seaplane on the water, which is used orcapable of being used as a means of transportation on water.

(Added to NRS by 1979, 899)

NRS 501.097 Wildlifedefined. As used in this title, wildlifemeans any wild mammal, wild bird, fish, reptile, amphibian, mollusk orcrustacean found naturally in a wild state, whether indigenous to Nevada or notand whether raised in captivity or not.

(Added to NRS by 1969, 1350; A 1987, 560; 1991, 259)

NRS 501.100 Legislativedeclaration regarding wildlife.

1. Wildlife in this State not domesticated and in itsnatural habitat is part of the natural resources belonging to the people of theState of Nevada.

2. The preservation, protection, management and restorationof wildlife within the State contribute immeasurably to the aesthetic,recreational and economic aspects of these natural resources.

[Part 8:101:1947; A 1949, 292; 1943 NCL 3035.08](NRS A 1969, 1347)

NRS 501.102 Legislativedeclaration regarding hunting. The Legislaturedeclares that hunting permitted by law in this state:

1. Is a valuable activity in the management of gamemammals and game birds.

2. Results in financial support for conservationprograms that benefit many species, including nongame wildlife.

3. Is an excellent source of food, recreationalopportunities and employment.

4. Contributes significantly to the economy of thisstate and the quality of life of its citizens.

5. Provides a beneficial use for firearms, archeryequipment and other legal weapons used to take game mammals and game birds,following the pioneer spirit of Nevada.

(Added to NRS by 1993, 1359)

NRS 501.105 Commissionto establish policies and adopt regulations. TheCommission shall establish policies and adopt regulations necessary to the preservation,protection, management and restoration of wildlife and its habitat.

[7:101:1947; 1943 NCL 3035.07](NRS A 1969, 1347;1971, 1381)

NRS 501.110 Classificationof wildlife.

1. For the purposes of this title, wildlife must beclassified as follows:

(a) Wild mammals, which must be further classified aseither game mammals, fur-bearing mammals, protected mammals or unprotectedmammals.

(b) Wild birds, which must be further classified aseither game birds, protected birds or unprotected birds. Game birds must befurther classified as upland game birds or migratory game birds.

(c) Fish, which must be further classified as eithergame fish, protected fish or unprotected fish.

(d) Reptiles, which must be further classified aseither protected reptiles or unprotected reptiles.

(e) Amphibians, which must be further classified aseither game amphibians, protected amphibians or unprotected amphibians.

(f) Mollusks, which must be further classified as eitherprotected mollusks or unprotected mollusks.

(g) Crustaceans, which must be further classified aseither protected crustaceans or unprotected crustaceans.

2. Protected wildlife may be further classified aseither sensitive, threatened or endangered.

3. Each species of wildlife must be placed in aclassification by regulation of the Commission and, when it is in the publicinterest to do so, species may be moved from one classification to another.

[Part 1:101:1947; 1943 NCL 3035.01](NRS A 1959, 361;1969, 1347; 1971, 1381; 1977, 76; 1987, 560; 1991, 259)

NRS 501.115 Acceptanceof federal aid in projects for restoration of wildlife.

1. The State of Nevada hereby assents to theprovisions of that certain Act of Congress commonly known and referred to asthe Pittman-Robertson Act, being c. 899, 50 Stat. 917, approved September 2,1937, and also designated as 16 U.S.C. 669-669j, providing federal aid tostates in wildlife restoration projects.

2. The Commission shall do any and all things necessaryto obtain for the State of Nevada the benefits provided in the Act of Congress.

[1:92:1947] + [2:92:1947](NRS A 1995, 2584)

NRS 501.117 Acceptanceof federal aid in projects for restoration and management of fish.

1. The State of Nevada hereby assents to theprovisions of the Act of Congress known as the Dingell-Johnson Act, being c.658, 64 Stat. 430, approved August 9, 1950, 16 U.S.C. 777 to 777k,inclusive, providing federal aid to states in fish restoration and managementprojects.

2. The Commission shall do all things necessary toobtain for the State of Nevada the benefits provided by such Act of Congress.

(Added to NRS by 1961, 194; A 1995, 2584)

NRS 501.118 Mannerof publication of order or regulation regarding seasons, bag limits or hours. Whenever the Commission is required to publish anyofficial order or regulation regarding open or closed seasons, bag limits orhours, it shall publish once in each case, in a newspaper of generalcirculation in the State of Nevada or in the locality to which the order orregulation applies a notice of intention to establish the order or regulationat an open meeting to be held on a date no sooner than 10 days following thepublication.

[Part 6.5:101:1947; added 1955, 74](NRS A 1969,1551; 1975, 1413; 1977, 77; 1995, 134)

NRS 501.119 Collectionof data from hunters, trappers and fishermen; penalty for failure to comply;immunity from prosecution on basis of information supplied.

1. The Department is authorized to determine methodsof obtaining necessary data from hunters, trappers and fishermen relative totheir activities and success.

2. The methods may include return of reports attachedto licenses and tags or questionnaires addressed to license holders.

3. Failure to return such a report or questionnairewithin the period specified by regulation of the Commission or the submissionof any false statement thereon is cause for the Commission to:

(a) Deny the person the right to acquire any licenseprovided under this title for a period of 1 year; or

(b) Levy an administrative fine of $50 against theperson.

4. Any statement made on such a report orquestionnaire may not be the basis for prosecution for any indicated violationsof other sections of this title.

[10b:101:1947; added 1951, 494; A 1953, 675](NRS A1969, 1358; 1971, 1381; 1987, 1448; 1993, 1653; 2003, 1521)

BOARD OF WILDLIFE COMMISSIONERS

NRS 501.167 Creation;number and appointment of members. The Boardof Wildlife Commissioners, consisting of nine members appointed by theGovernor, is hereby created.

(Added to NRS by 1969, 1557; A 1977, 1229; 1979, 891;1989, 2191)

NRS 501.171 Appointmentand qualifications of members; officers.

1. A county advisory board to manage wildlife shallsubmit written nominations for appointments to the Commission upon the requestof the Governor and may submit nominations at any other time.

2. After consideration of the written nominationssubmitted by a county advisory board to manage wildlife and any additionalcandidates for appointment to the Commission, the Governor shall appoint to theCommission:

(a) One member who is actively engaged in theconservation of wildlife;

(b) One member who is actively engaged in farming;

(c) One member who is actively engaged in ranching;

(d) One member who represents the interests of thegeneral public; and

(e) Five members who during at least 3 of the 4 yearsimmediately preceding their appointment held a resident license to fish orhunt, or both, in Nevada.

3. The Governor shall not appoint to the Commissionany person who has been convicted of:

(a) A felony or gross misdemeanor for a violation of NRS 501.376;

(b) A gross misdemeanor for a violation of NRS 502.060 or 504.395; or

(c) Two or more violations of the provisions of chapters 501 to 504,inclusive, of NRS,

during theprevious 10 years.

4. Not more than three members may be from the samecounty whose population is 400,000 or more, not more than two members may befrom the same county whose population is 100,000 or more but less than 400,000,and not more than one member may be from the same county whose population isless than 100,000.

5. The Commission shall annually select a Chairman anda Vice Chairman from among its members. A person shall not serve more than twoconsecutive terms as Chairman.

[Part 9:101:1947; A 1949, 292; 1943 NCL 3035.09](NRS A 1969, 341, 1546; 1977, 1229; 1979, 891; 1989, 2191; 1995, 897,2584; 2003, 2535)

NRS 501.172 Removalof member from office.

1. A member of the Commission may be removed fromoffice for just cause.

2. A member of the Commission must be removed fromoffice for:

(a) A conviction of a felony or gross misdemeanor for aviolation of NRS 501.376;

(b) A conviction of a gross misdemeanor for a violationof NRS 502.060 or 504.395; or

(c) Two or more convictions of violating the provisionsof chapters 501 to 504,inclusive, of NRS.

(Added to NRS by 1995, 896; A 2003, 2536)

NRS 501.177 Meetings;quorum.

1. The Commission may hold not more than nine meetingsregularly each year based on need and the requests submitted by the countyadvisory boards to manage wildlife.

2. Special meetings of the Commission may be held atsuch times and places as the Commission deems proper.

3. Five members of the Commission constitute a quorumfor the transaction of any business which may come before the Commission.

[Part 9:101:1947; A 1949, 292; 1943 NCL 3035.09](NRS A 1969, 1547; 1979, 891; 1981, 607; 1983, 1446; 1989, 2192; 1995,2585)

NRS 501.179 Compensationof members.

1. Members of the Commission are entitled to receive asalary of not more than $80 per day, as fixed by the Commission, whileperforming official duties for the Commission.

2. While engaged in the business of the Commission,each member and employee of the Commission is entitled to receive the per diemallowance and travel expenses provided for state officers and employeesgenerally.

3. Compensation and expenses must be paid from theWildlife Account within the State General Fund.

[Part 9:101:1947; A 1949, 292; 1943 NCL 3035.09](NRS A 1957, 160; 1969, 1547; 1975, 299; 1979, 891; 1981, 1986; 1985,432; 1989, 1717)

NRS 501.181 Duties;regulations. The Commission shall:

1. Establish broad policies for:

(a) The protection, propagation, restoration,transplanting, introduction and management of wildlife in this State.

(b) The promotion of the safety of persons using orproperty used in the operation of vessels on the waters of this State.

(c) The promotion of uniformity of laws relating topolicy matters.

2. Guide the Department in its administration andenforcement of the provisions of this title and of chapter488 of NRS by the establishment of such policies.

3. Establish policies for areas of interest including:

(a) The management of big and small game mammals,upland and migratory game birds, fur-bearing mammals, game fish, and protectedand unprotected mammals, birds, fish, reptiles and amphibians.

(b) The control of wildlife depredations.

(c) The acquisition of lands, water rights andeasements and other property for the management, propagation, protection andrestoration of wildlife.

(d) The entry, access to, and occupancy and use of suchproperty, including leases of grazing rights, sales of agricultural productsand requests by the Director to the State Land Registrar for the sale of timberif the sale does not interfere with the use of the property on which the timberis located for wildlife management or for hunting or fishing thereon.

(e) The control of nonresident hunters.

(f) The introduction, transplanting or exporting ofwildlife.

(g) Cooperation with federal, state and local agencieson wildlife and boating programs.

(h) The revocation of licenses issued pursuant to thistitle to any person who is convicted of a violation of any provision of thistitle or any regulation adopted pursuant thereto.

4. Establish regulations necessary to carry out theprovisions of this title and of chapter 488 ofNRS, including:

(a) Seasons for hunting game mammals and game birds,for hunting or trapping fur-bearing mammals and for fishing, the daily andpossession limits, the manner and means of taking wildlife, including, but notlimited to, the sex, size or other physical differentiation for each species,and, when necessary for management purposes, the emergency closing or extendingof a season, reducing or increasing of the bag or possession limits on aspecies, or the closing of any area to hunting, fishing or trapping. Theregulations must be established after first considering the recommendations ofthe Department, the county advisory boards to manage wildlife and others whowish to present their views at an open meeting. Any regulations relating to theclosure of a season must be based upon scientific data concerning themanagement of wildlife. The data upon which the regulations are based must becollected or developed by the Department.

(b) The manner of using, attaching, filling out,punching, inspecting, validating or reporting tags.

(c) The delineation of game management units embracingcontiguous territory located in more than one county, irrespective of countyboundary lines.

(d) The number of licenses issued for big game and, ifnecessary, other game species.

5. Adopt regulations requiring the Department to makepublic, before official delivery, its proposed responses to any requests byfederal agencies for its comment on drafts of statements concerning theenvironmental effect of proposed actions or regulations affecting public lands.

6. Adopt regulations:

(a) Governing the provisions of the permit required by NRS 502.390 and for the issuance, renewaland revocation of such a permit.

(b) Establishing the method for determining the amountof an assessment, and the time and manner of payment, necessary for thecollection of the assessment required by NRS502.390.

7. Designate those portions of wildlife managementareas for big game mammals that are of special concern for the regulation ofthe importation, possession and propagation of alternative livestock pursuantto NRS 576.129.

(Added to NRS by 1969, 1557; A 1977, 1229; 1979, 891;1985, 1349; 1989, 729, 1268; 1991, 259, 2283, 2289; 1993, 429, 816, 1654; 1995,544; 1997, 2598; 2003,1521, 2536)

NRS 501.1812 Systemof assessing demerit points for wildlife convictions: Definitions. As used in NRS501.1812 to 501.1818, inclusive,unless the context otherwise requires:

1. Licensemeans a license or tag issued by the Department for:

(a) Recreationalhunting or fishing; or

(b) Takingfur-bearing mammals, trapping unprotected mammals or selling raw furs forprofit.

2. Permitmeans a permit issued by the Department for recreational hunting or fishing.

3. Wildlifeconviction means a conviction obtained in any court of competent jurisdictionin this State, including, without limitation, a conviction obtained upon a pleaof nolo contendere or upon a forfeiture of bail not vacated in any such court,for a violation of:

(a) A provisionof this title or any regulation adopted pursuant to this title other than aprovision of NRS 502.370, 502.390, 503.185,503.310 or 504.295 to 504.390, inclusive; or

(b) A provision of the Lacey Act Amendment of 1981,Public Law 97-79, if the violation of that provision is based on a violation ofa law or regulation of this State.

(Added to NRS by 1995, 896; A 1997, 264, 1025; 1999, 1043; 2003, 1522)

NRS 501.1814 Systemof assessing demerit points for wildlife convictions: Establishment andadministration of system; assessment and deletion of points.

1. The Commission shall establish and the Departmentshall administer and enforce a system of assessing demerit points for wildlifeconvictions. The system must be uniform in its operation.

2. Pursuant to the schedule of demerit pointsestablished by regulation of the Commission for each wildlife convictionoccurring within this state affecting any holder of a license, permit orprivilege issued pursuant to this title, the Department shall assess demeritpoints for the 60-month period preceding a persons most recent wildlifeconviction. Sixty months after the date of the conviction, the demerit pointsfor that conviction must be deleted from the total demerit points accumulatedby that person. The date of the violation shall be deemed the date on whichaccumulated demerit points must be assessed. If a conviction of two or morewildlife violations committed at a single event is obtained, demerit pointsmust be assessed for the offense having the greater number of demerit points.

(Added to NRS by 1995, 896; A 1997, 1026; 1999, 1044; 2003, 1523)

NRS 501.1816 Systemof assessing demerit points for wildlife convictions: Reduction of accumulatedpoints; suspension or revocation of licenses, permits or privileges.

1. If a person accumulates 9 or more demerit points,but less than 12, the Department shall notify him of that fact by certifiedmail. If, after the Department mails the notice, the person presents proof tothe Department that he has, after his most recent wildlife conviction,successfully completed a course of instruction in the responsibilities ofhunters approved by the Department, the Department shall deduct 4 demeritpoints from his record. A person may attend a course of instruction in theresponsibilities of hunters only once in 60 months for the purpose of reducinghis demerit points.

2. If a person accumulates 12 or more demerit pointsbefore completing a course of instruction pursuant to subsection 1, theDepartment shall suspend or revoke any license, permit or privilege issued tohim pursuant to this title.

3. Not later than 60 days after the Departmentdetermines that a person has accumulated 12 demerit points, the Departmentshall notify the person by certified mail that his privileges will be suspendedor revoked. Except as otherwise provided in subsection 4, the Department shallsuspend or revoke those privileges 30 days after it mails the notice.

4. Any person who receives the notice required bysubsection 3 may submit to the Department a written request for a hearingbefore the Commission not later than 30 days after the receipt of the notice.If a written request for a hearing is received by the Department:

(a) The suspension or revocation of the license, permitor privilege is stayed until a determination is made by the Commission afterthe hearing.

(b) The hearing must be held within 60 days after therequest is received.

5. The periods of suspension or revocation imposedpursuant to this section must run concurrently. Except as otherwise provided inthis subsection, no license, permit or privilege may be suspended or revokedpursuant to this section for more than 3 years. The license, permit orprivilege of a person who is convicted pursuant to NRS 501.376 of:

(a) A gross misdemeanor may not be suspended or revokedfor more than 5 years; or

(b) A felony may not be suspended or revoked for morethan 10 years.

6. If the Department suspends or revokes a license,permit or privilege pursuant to this section, the period of suspension orrevocation begins 30 days after notification pursuant to subsection 3 or adetermination is made by the Commission pursuant to subsection 4. After apersons license, permit or privilege is suspended or revoked pursuant to thissection, all demerit points accumulated by that person must be cancelled.

(Added to NRS by 1995, 897; A 1997, 1026; 1999, 1044; 2003, 1523; 2005, 1308)

NRS 501.1817 Systemof assessing demerit points for wildlife convictions: Judicial review ofsuspension or revocation of license, permit or privilege. Any person whose license, permit or privilege has beensuspended or revoked by the Department pursuant to NRS 501.1816 is entitled to judicialreview of the decision in the manner provided by chapter233B of NRS.

(Added to NRS by 1995, 897; A 1997, 1027; 2003, 1524)

NRS 501.1818 Systemof assessing demerit points for wildlife convictions: Regulations. The Commission may adopt such regulations as are necessaryto carry out the provisions of NRS 501.1812to 501.1818, inclusive.

(Added to NRS by 1995, 897)

NRS 501.182 Cooperativeagreements with adjoining states. The Commissionmay enter into cooperative agreements with adjoining states for the managementof interstate wildlife populations and for the establishment of uniform boatingregulations.

(Added to NRS by 1969, 1558)

NRS 501.243 Enforcementof chapter 488of NRS; regulations; cooperative agreements.

1. The Department shall execute, administer andenforce, and perform the functions and duties provided in chapter 488 of NRS.

2. The Commission has the power and authority to:

(a) Promulgate rules and regulations governing the useof waters for recreational purposes, which waters are open to the public andare not under the direct control of any other state or federal agency forrecreational use.

(b) Enter into cooperative agreements with federal,state and county agencies having regulatory powers pertaining to the use ofpublic waters for recreational purposes for the purpose of coordinating suchrules and regulations.

(Added to NRS by 1965, 1060; A 1969, 1551; 1993,1655; 2003, 1524)

COUNTY ADVISORY BOARD TO MANAGE WILDLIFE

NRS 501.260 Creation;number of members; officers.

1. There is hereby created a county advisory board tomanage wildlife in each of the several counties.

2. In a county whose population:

(a) Is less than 400,000, each board consists of threeor five members, at the discretion of the board of county commissioners.

(b) Is 400,000 or more, each board consists of five orseven members, at the discretion of the board of county commissioners.

3. A chairman and vice chairman must be selected byeach board.

[Part 13:101:1947; A 1949, 292; R 1953, 676; added1953, 676](NRS A 1969, 1554; 1977, 1230; 1985, 1350; 1989, 2192; 2005, 457)

NRS 501.265 Appointmentof members; vacancies.

1. The board of county commissioners shall appointqualified persons to the board who are residents of the county and are:

(a) Sportsmen; or

(b) Engaged in ranching or farming in the county.

2. Within 60 days after a vacancy occurs, the board ofcounty commissioners shall appoint a member to the board upon therecommendation of the organized sportsmen and residents of the county.

3. Within 90 days after a vacancy occurs, the board ofcounty commissioners shall report to the Commission the name and address ofeach member appointed.

[Part 13:101:1947; A 1949, 292; R 1953, 676; added1953, 676](NRS A 1961, 473; 1969, 1554; 1971, 856; 1977, 1231; 1985, 1350;1989, 2192)

NRS 501.270 Qualificationsof members. The members of the board must becitizens of Nevada and bona fide residents of the county from which appointed.

[Part 13:101:1947; A 1949, 292; R 1953, 676; added1953, 676](NRS A 1969, 1555; 1985, 1351)

NRS 501.275 Appointmentand terms of members.

1. The boards of county commissioners shall appointmembers to the boards of their respective counties.

2. Each member appointed shall serve a term of 3years.

[Part 13:101:1947; A 1949, 292; R 1953, 676; added1953, 676](NRS A 1961, 474; 1969, 1555; 1977, 1231; 1985, 1351)

NRS 501.285 Compensationof members. Members of the board shall servewithout salary or compensation.

[Part 13:101:1947; A 1949, 292; R 1953, 676; added1953, 676](NRS A 1985, 1351)

NRS 501.290 Meetings. The board shall meet before those meetings of theCommission at which seasons, bag limits or hours are to be established and atsuch other times as the chairman may call or the Commission may request.

[Part 13:101:1947; A 1949, 292; R 1953, 676; added1953, 676](NRS A 1969, 1556; 1985, 1351)

NRS 501.293 Removalof member. Members of boards may be removed bythe boards of county commissioners of the counties served for cause, including,but not limited to, absences from three consecutive, duly called boardmeetings, unless excused by their respective board chairmen.

(Added to NRS by 1969, 1559; A 1977, 1231; 1985,1351)

NRS 501.297 Duties:Evaluating local opinion and advising Commission. Theboards shall solicit and evaluate local opinion and advise the Commission onmatters relating to the management of wildlife within their respectivecounties.

(Added to NRS by 1969, 1560; A 1985, 1351)

NRS 501.303 Duties:Submission of recommendations; attendance of chairman or other members atmeetings of Commission.

1. The boards shall submit recommendations for settingseasons for fishing, hunting and trapping, which must be considered by theCommission in its deliberation on and establishment of regulations coveringopen or closed seasons, bag limits, hours and other regulations or policies.

2. The chairman or vice chairman, or members of theboard appointed by them:

(a) Shall attend the meetings of the Commission atwhich seasons are set or bag limits, hours or other regulations and policiesare established; and

(b) Are entitled to receive such travel and per diemexpenses as are allowed by law.

(Added to NRS by 1969, 1560; A 1979, 893; 1985, 1351;1989, 2192)

NRS 501.310 Fundfor advisory board. There is hereby created ineach of the counties of this state a fund for the advisory board. The fund mustbe kept in the county treasury, and all money received from the Department mustbe placed in the fund.

[Part 47:101:1947; 1943 NCL 3035.47](NRS A 1969,1556; 1985, 1351; 1993, 1655; 2003, 1524)

NRS 501.320 Budgets.

1. Annually, not later than May 1, each board shallprepare a budget for the period ending June 30 of the following year, settingforth in detail its proposed expenditures for carrying out its duties asspecified in this title within its county, and submit the budget to theCommission accompanied by a statement of the previous years expenditures,certified by the county auditor.

2. The Commission shall examine the budget inconjunction with the Director or a person designated by him, and may increase,decrease, alter or amend the budget.

3. Upon approval of the budget, the Department shalltransmit a copy of the approved budget to the board, and at the same timewithdraw from the Wildlife Account within the State General Fund and transmitto the board the money required under the approved budget for disposition bythe board in accordance with the approved budget. All money so received must beplaced in the fund for the advisory board.

[12:101:1947; 1943 NCL 3035.12](NRS A 1959, 362;1969, 1556; 1979, 893; 1985, 1352; 1993, 1655; 2003, 1524)

NRS 501.325 Dutiesof county auditor and county treasurer. Thecounty auditors and county treasurers in the respective counties areresponsible for the safety and preservation of the fund for the advisory boardin their county to the same extent as they are in respect to all other money inthe county treasury. They shall observe and are bound by the approved budgetgoverning the disposition of the money and shall report their actions currentlyin connection therewith.

[12a:101:1947; added 1949, 292; 1943 NCL 3035.12a](NRS A 1985, 1352)

DEPARTMENT OF WILDLIFE

NRS 501.331 Creation;administration of laws. There is herebycreated the Department of Wildlife which shall administer the wildlife laws ofthis State and chapter 488 of NRS.

(Added to NRS by 1969, 1558; A 1979, 893; 1993, 1655;2003, 1524)

NRS 501.333 Director:Appointment; qualifications; classification.

1. From among three or more nominees of theCommission, the Governor shall appoint a Director of the Department, who is itsChief Administrative Officer. The Director serves at the pleasure of theGovernor.

2. The Governor shall select as Director a personhaving an academic degree in the management of wildlife or a closely relatedfield, substantial experience in the management of wildlife and a demonstratedability to administer a major public agency.

3. The Director is in the unclassified service of theState.

[Part 10:101:1947; 1943 NCL 3035.10](NRS A 1957,160; 1960, 483; 1967, 1501; 1969, 1548; 1971, 1440; 1979, 893; 1985, 432; 1993,1656; 2003, 1524)

NRS 501.337 Director:Duties. The Director shall:

1. Carry out the policies and regulations of theCommission.

2. Direct and supervise all administrative andoperational activities of the Department, and all programs administered by theDepartment as provided by law. Except as otherwise provided in NRS 284.143, the Director shall devote hisentire time to the duties of his office and shall not follow any other gainfulemployment or occupation.

3. Within such limitations as may be provided by law,organize the Department and, from time to time with the consent of theCommission, may alter the organization. The Director shall reassignresponsibilities and duties as he may deem appropriate.

4. Appoint or remove such technical, clerical andoperational staff as the execution of his duties and the operation of theDepartment may require, and all those employees are responsible to him for theproper carrying out of the duties and responsibilities of their respectivepositions. The Director shall designate a number of employees as game wardensand provide for their training.

5. Submit technical and other reports to theCommission as may be necessary or as may be requested, which will enable theCommission to establish policy and regulations.

6. Prepare, in consultation with the Commission, thebiennial budget of the Department consistent with the provisions of this titleand chapter 488 of NRS and submit it to theCommission for its review and recommendation before the budget is submitted tothe Chief of the Budget Division of the Department of Administration pursuantto NRS 353.210.

7. Administer real property assigned to theDepartment.

8. Maintain full control, by proper methods andinventories, of all personal property of the State acquired and held for thepurposes contemplated by this title and by chapter488 of NRS.

9. Act as nonvoting Secretary to the Commission.

(Added to NRS by 1969, 1558; A 1977, 1231; 1979, 894;1983, 850; 1985, 433; 1993, 1656; 1995, 2315, 2585; 1997, 651; 2003, 1525)

NRS 501.339 Director:Exercise of powers of Commission in emergency; designation of deputies and gamewardens. The Director may:

1. In cases of emergency, with the prior approval ofthe Governor, exercise the powers of the Commission until such time as theCommission meets or the emergency ends.

2. Designate an employee or employees of theDepartment to act as his deputy or deputies. In the Directors absence orinability to discharge the powers and duties of his office, the powers andduties devolve upon his deputy or deputies.

3. Designate persons outside the Department as gamewardens if, in his opinion, the need for such designations exists.

(Added to NRS by 1969, 1559; A 1979, 894; 1983, 851;1989, 730; 1993, 1656; 2003,1525)

NRS 501.341 Offices. The headquarters of the Department must be maintained atsuch a location in the State, and other offices may be established throughoutthe State in such number and location, as will, in the opinion of the Directorand the Commission, provide an efficient departmental operation.

(Added to NRS by 1969, 1559; A 1973, 1475; 1979, 895;1993, 1657; 1995, 2586; 1999, 1662; 2003, 1526)

NRS 501.343 Collectionand dissemination of certain information; publications. The Department may:

1. Collect and disseminate, throughout the State,information calculated to educate and benefit the people of the State regardingwildlife and boating, and information pertaining to any program administered bythe Department.

2. Publish wildlife journals and other officialpublications, for which a specific charge may be made, such charge to bedetermined by the Commission, with the proceeds to be deposited in the WildlifeAccount within the State General Fund. No charge may be made for anypublication required by a regulation of the Commission.

(Added to NRS by 1969, 1559; A 1971, 1381; 1979, 895;1993, 1657; 2003,1526)

NRS 501.346 Feesfor advertising in printed materials or on website of Department.

1. The Department may charge fees for advertising:

(a) In printed materials prepared by the Department;and

(b) On a website on the Internet or its successor thatis maintained by the Department.

2. Any money collected by the Department, pursuant tosubsection 1 must be:

(a) Deposited with the State Treasurer for credit tothe Wildlife Account in the State General Fund; and

(b) Used to pay the expenses of the Department,including, without limitation, expenses incurred in the development, productionand distribution of:

(1) Printed materials prepared by theDepartment;

(2) Materials used by the Department on thewebsite maintained by the Department; and

(3) Any informational and educational materialsprovided by the Department for the purposes described in subsection 1 of NRS 501.343.

(Added to NRS by 2003, 666)

NRS 501.349 Gamewardens. Regular employees and othersdesignated by the Director as game wardens shall enforce all provisions of thistitle and of chapter 488 of NRS.

[Part 10:101:1947; 1943 NCL 3035.10](NRS A 1969,1549; 1971, 1382; 1977, 1600; 1983, 851; 1993, 1657, 2540; 1995, 703; 2003, 1526)

NRS 501.351 Cooperativeand reciprocal agreements.

1. The Director may enter into cooperative orreciprocal agreements with the Federal Government or any agency thereof, anyother state or any agency thereof, any other agency of this state, any countyor other political subdivision of this state, to the extent permitted by theprovisions of chapter 277 of NRS, any publicor private corporation, or any person, in accordance with and for the purposeof carrying out the policy of the Commission.

2. Such agreements do not relieve any party thereto ofany liability, independent of such agreements, existing under any provision oflaw.

[1:286:1949; 1943 NCL 3148.05] + [2:286:1949; 1943NCL 3148.06] + [3:286:1949; 1943 NCL 3148.07](NRS A 1961, 194; 1969, 1550;1979, 895; 1981, 607; 1993, 66, 1657; 1995, 509; 2003, 1526)

NRS 501.352 Reportingof suspected communicable diseases in wildlife. TheDirector shall require the personnel of the Department to report to him as soonas practicable any reasonable suspicion that a communicable disease may bepresent in wildlife in Nevada. The Director shall, as soon as possible, informthe Director of the State Department of Agriculture of any reasonable suspicionreported to him. Any sample collected by the personnel of the Department inevaluating such a suspicion must be forwarded to the Director of the StateDepartment of Agriculture as soon as practicable.

(Added to NRS by 1989, 1086; A 1993, 1657; 1999, 3626; 2003, 1526)

NRS 501.3525 Takingof wildlife by employee of Department. An employeeof the Department may take any wildlife from any place, except private propertywithout lawful authority, and in any manner for any purpose determined by theDirector to be in the interest of conserving wildlife in this State if thetaking of the wildlife complies with the requirements established by the UnitedStates Fish and Wildlife Service or any other agency of the Federal Government.

(Added to NRS by 2005, 1307)

NRS 501.354 Receipt,deposit and expenditure of money. Except as otherwiseprovided by specific statute, the Department shall receive, deposit and expendall money provided by law for the administration of this title and of chapter 488 of NRS, pursuant to the authoritycontained in NRS 501.356 and inaccordance with the Commissions policy.

[Part 10:101:1947; 1943 NCL 3035.10](NRS A 1969,1549; 1979, 895; 1993, 1657; 2001, 973; 2003, 1526)

NRS 501.356 WildlifeAccount.

1. Money received by the Department from:

(a) The sale of licenses;

(b) Fees pursuant to the provisions of NRS 488.075 and 488.1795;

(c) Remittances from the State Treasurer pursuant tothe provisions of NRS 365.535;

(d) Appropriations made by the Legislature; and

(e) All other sources, except money derived from theforfeiture of any property described in NRS501.3857 or money deposited in the Wildlife Heritage Trust Account pursuantto NRS 501.3575 or in the TroutManagement Account pursuant to NRS 502.327,

must bedeposited with the State Treasurer for credit to the Wildlife Account in theState General Fund.

2. The interest and income earned on the money in theWildlife Account, after deducting any applicable charges, must be credited tothe Account.

3. Except as otherwise provided in subsection 4, theDepartment may use money in the Wildlife Account only to carry out theprovisions of this title and chapter 488 ofNRS and as provided in NRS 365.535, andthe money must not be diverted to any other use.

4. Except as otherwise provided in NRS 502.250 and 504.155, all fees for the sale or issuanceof stamps, tags, permits and licenses that are required to be deposited in theWildlife Account pursuant to the provisions of this title must be accounted forseparately and may be used only for the management of wildlife.

[Part 11:101:1947; 1943 NCL 3035.11](NRS A 1963,1194; 1965, 1069; 1969, 1552; 1971, 1382, 1383; 1973, 629; 1977, 44; 1979, 895;1983, 448, 1588; 1991, 2284; 1993, 1658; 1995, 863, 2586; 2001, 973; 2003, 1526, 2537)

NRS 501.3575 WildlifeHeritage Trust Account.

1. The Wildlife Heritage Trust Account is herebycreated in the State General Fund. The money in the Account must be used by theDepartment as provided in this section for:

(a) The protection, propagation, restoration,transplantation, introduction and management of any game fish, game mammal,game bird or fur-bearing mammal in this State; and

(b) The management and control of predatory wildlife inthis State.

2. Except as otherwise provided in NRS 502.250, money received by the Departmentfrom:

(a) A bid, auction or partnership in wildlife drawingconducted pursuant to NRS 502.250; and

(b) A gift of money made by any person to the WildlifeHeritage Trust Account,

must bedeposited with the State Treasurer for credit to the Account.

3. The interest and income earned on the money in theWildlife Heritage Trust Account, after deducting any applicable charges, must becredited to the Account.

4. The Department may annually expend from theWildlife Heritage Trust Account an amount of money not greater than 75 percentof the money deposited in the Account pursuant to subsection 2 during theprevious year and the total amount of interest earned on the money in theAccount during the previous year. The Commission shall review and approveexpenditures from the Account. No money may be expended from the Accountwithout the prior approval of the Commission.

5. The Commission shall administer the provisions ofthis section and may adopt any regulations necessary for that purpose.

(Added to NRS by 1995, 863; A 1997, 785; 2003, 1527; 2005, 584)

NRS 501.359 WildlifeImprest Account.

1. The Wildlife Imprest Account in the amount of$15,000 is hereby created for the use of the Department, subject to thefollowing conditions:

(a) The money must be deposited in a bank or creditunion qualified to receive deposits of public money, except that $500 must bekept in the custody of an employee designated by the Director for immediate usefor purposes set forth in this section.

(b) The Account must be replenished periodically fromthe Wildlife Account in the State General Fund upon approval of expenditures asrequired by law and submission of vouchers or other documents to indicatepayment as may be prescribed.

2. The Wildlife Imprest Account may be used to pay forpostage, C.O.D. packages, travel or other minor expenses which are proper asclaims for payment from the Wildlife Account in the State General Fund.

3. The Wildlife Imprest Account may be used to providemoney to employees of the Department for travel expenses and subsistenceallowances arising out of their official duties or employment. All advancesconstitute a lien in favor of the Department upon the accrued wages of therequesting employee in an amount equal to the money advanced, but the Directormay advance more than the amount of the accrued wages of the employee. Upon thereturn of the employee, he is entitled to receive money for any authorizedexpenses and subsistence in excess of the amount advanced.

(Added to NRS by 1981, 606; A 1993, 1658; 1999, 1507; 2003, 1527)

NRS 501.361 PettyCash Account. A Petty Cash Account in theamount of $1,000 for the payment of minor expenses of the Department is herebycreated. The Account must be kept in the custody of an employee designated bythe Director and must be replenished periodically from the Wildlife Account inthe State General Fund upon approval of expenditures as required by law andsubmission of vouchers or other documents to indicate payment as may beprescribed.

(Added to NRS by 1965, 217; A 1969, 1553; 1973, 287;1979, 897; 1993, 1658; 2001,973; 2003, 1528)

NRS 501.363 ChangeAccount. A Change Account in the amount of$3,000 is hereby created. The Account must be kept in the custody of one ormore employees designated by the Director and used for the making of changeincidental to the business of the Department.

(Added to NRS by 1965, 217; A 1969, 1554; 1979, 897;1993, 58, 1659; 1995, 579; 2001, 974; 2003, 1528)

ENFORCEMENT AND PENALTIES

NRS 501.375 Powersand duties of game wardens, sheriffs and other peace officers.

1. Every game warden, sheriff and other peace officerof this State and its political subdivisions shall enforce the provisions ofthis title and seize any wildlife taken or held in possession in violation ofthose provisions.

2. Such an officer may:

(a) With or without a warrant, conduct a reasonablesearch of any camp, structure, aircraft, vessel, vehicle, box, game bag orother package where he has reason to believe any wildlife taken or held inviolation of any of the provisions of this title is to be found, and, for thepurpose of such a search, may detain any aircraft, vessel or vehicle for areasonable time.

(b) Seize any such wildlife and any gun, ammunition,trap, snare, tackle, or other device or equipment whose presence indicates thata violation of any provision of this title has occurred. Except for propertydescribed in NRS 501.3857, propertyseized pursuant to this subsection may be held only for evidence and may berecovered by the owner within 1 year after it is no longer needed for thatpurpose. The Department shall, within 30 days after the property is no longerneeded, send a written notice to the owner of the property that informs theowner of his right to recover the property.

3. A dwelling house may be searched only pursuant to awarrant or as otherwise provided by law.

[39:101:1947; 1943 NCL 3035.39](NRS A 1967, 177;1969, 1348; 1979, 897; 1991, 260, 2285; 1993, 552; 2005, 1309)

NRS 501.376 Unlawfulkilling or possession of bighorn sheep, mountain goat, elk, deer, pronghornantelope, mountain lion or black bear; criminal penalties.

1. Except as otherwise provided in this section, aperson shall not intentionally kill or aid and abet another person to kill abighorn sheep, mountain goat, elk, deer, pronghorn antelope, mountain lion orblack bear:

(a) Outside of the prescribed season set by theCommission for the lawful hunting of that animal;

(b) Through the use of an aircraft, helicopter ormotor-driven vehicle in violation of NRS503.010;

(c) By a method other than the method prescribed on thetag issued by the Department for hunting that animal;

(d) In a manner, during a time or in a place otherwiseprohibited by a specific statute or a regulation adopted by the Commission; or

(e) Without a valid tag issued by the Department forhunting that animal. A tag issued for hunting any animal specified in thissubsection is not valid if knowingly used by a person:

(1) Other than the person specified on the tag;

(2) Outside of the management area or other areaspecified on the tag; or

(3) If the tag was obtained by a false orfraudulent representation.

2. The provisions of subsection 1 do not prohibit thekilling of an animal specified in subsection 1 if:

(a) The killing of the animal is necessary to protectthe life or property of any person in imminent danger of being attacked by theanimal; or

(b) The animal killed was not the intended target ofthe person who killed the animal and the killing of the animal which was theintended target would not violate the provisions of subsection 1.

3. A person who violates the provisions of subsection1 shall be punished for a category E felony as provided in NRS 193.130 or, if the court reduces thepenalty pursuant to this subsection, for a gross misdemeanor. In determiningwhether to reduce the penalty, the court shall consider:

(a) The nature of the offense;

(b) The circumstances surrounding the offense;

(c) The defendants understanding and appreciation ofthe gravity of the offense;

(d) The attitude of the defendant towards the offense;and

(e) The general objectives of sentencing.

4. A person shall not willfully possess any animalspecified in subsection 1 if the person knows the animal was killed inviolation of subsection 1 or the circumstances should have caused a reasonableperson to know that the animal was killed in violation of subsection 1.

5. A person who violates the provisions of subsection4 is guilty of a gross misdemeanor.

(Added to NRS by 1985, 1348; A 1991, 1570, 2285;1993, 569; 2003, 2538)

NRS 501.377 Unlawfulto remove, tamper with or alter tag placed on wildlife or equipment seized asevidence. It is unlawful to remove, tamperwith or alter any evidence identification tag placed on wildlife or on anyequipment seized as evidence for the violation of any provision of this title.

(Added to NRS by 1969, 1350)

NRS 501.379 Unlawfulsales of wildlife or importation of game mammals, game birds or gameamphibians; exception.

1. Except as otherwise provided in this section:

(a) It is unlawful for any person to sell or expose forsale, to barter, trade or purchase or to attempt to sell, barter, trade orpurchase any species of wildlife, or parts thereof, except as otherwiseprovided in this title or in a regulation of the Commission.

(b) The importation and sale of products made from themeat of game mammals, game birds or game amphibians raised in captivity is notprohibited if the importation is from a licensed commercial breeder orcommercial processor.

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

[70:101:1947; 1943 NCL 3035.70](NRS A 1969, 1361;1971, 1383; 1979, 897; 1983, 851; 1991, 261; 1993, 430)

NRS 501.381 Unlawfulsale of game fish.

1. It is unlawful for any person to sell, or exposefor sale, to barter, trade or purchase, or attempt to sell, barter, trade orpurchase any species of game fish or parts thereof, except as provided in thistitle or any regulation adopted pursuant thereto.

2. This section does not prohibit the importation andsale of dead game fish or parts thereof from licensed commercial processors orlicensed fish hatcheries outside the State or the importation and sale of saltwater fish, mollusks or crustaceans.

[33:101:1947; 1943 NCL 3035.33](NRS A 1969, 1362;1993, 67)

NRS 501.383 Unlawfulvandalism of sign or notice erected by Department. Itis unlawful for any person maliciously to tear down, mutilate or destroy anysign, signboard or other notice which has been erected by the Department orthrough an agency of the Department.

[Part 1911 C&P 503; RL 6768; NCL 10450](NRS A 1969, 1361; 1993, 1659; 2003, 1528)

NRS 501.385 Unlawfulacts; criminal penalties. Except as otherwiseprovided by specific statute:

1. Any person who:

(a) Performs an act or attempts to perform an act madeunlawful or prohibited by a provision of this title;

(b) Willfully fails to perform an act required of himby a provision of this title;

(c) Obstructs, hinders, delays or otherwise interfereswith any officer, employee or agent of the Department:

(1) In the performance of any duty whileenforcing or attempting to enforce any provision of this title or anyregulation adopted pursuant thereto; or

(2) While lawfully obtaining or attempting toobtain biological samples of wildlife, hunting, fishing or trapping data, orany other biological data or information relating to wildlife;

(d) Violates any order issued or regulation adopted bythe Commission under the provisions of this title; or

(e) Having been granted a privilege or been licensed orpermitted to do any act under the provisions of this title, exercises thegrant, license or permit in a manner other than as specified,

is guilty ofa misdemeanor. An officer, employee or agent of the Department may not obtainor attempt to obtain biological samples of wildlife, hunting, fishing ortrapping data, or any other biological data or information relating to wildlifeon private property without the consent of the owner of the property.

2. Every person who is guilty of a misdemeanor underthis title shall be punished by a fine of not less than $50 nor more than $500,or by imprisonment in the county jail for not more than 6 months, or by bothfine and imprisonment.

[Part 90:101:1947; 1943 NCL 3035.90](NRS A 1969,1348; 1979, 897; 1985, 1352; 1993, 1659; 2003, 1528; 2005, 1309)

NRS 501.3855 Civilpenalties.

1. In addition to the penalties provided for theviolation of any of the provisions of this title, every person who unlawfullykills or possesses a big game mammal, bobcat, swan or eagle is liable for acivil penalty of not less than $250 nor more than $5,000.

2. For the unlawful killing or possession of fish orwildlife not included in subsection 1, the court may order the defendant to paya civil penalty of not less than $25 nor more than $1,000.

3. For hunting, fishing or trapping without a valid license,tag or permit, the court may order the defendant to pay a civil penalty of notless than $50 nor more than $250.

4. Every court, before whom a defendant is convictedof unlawfully killing or possessing any wildlife, shall order the defendant topay the civil penalty in the amount stated in this section for each mammal,bird or fish unlawfully killed or possessed. The court shall fix the manner andtime of payment.

5. The Department may attempt to collect all penaltiesand installments that are in default in any manner provided by law for theenforcement of a judgment.

6. If a person who is ordered to pay a civil penaltypursuant to this section fails to do so within 90 days after the date set forthin the order, the Department may suspend, revoke, or refuse to issue or renewany license, tag, permit, certificate or other document or privilege otherwiseavailable to the person pursuant to this title or chapter488 of NRS.

7. Each court that receives money pursuant to theprovisions of this section shall forthwith remit the money to the Departmentwhich shall deposit the money with the State Treasurer for credit to theWildlife Account in the State General Fund.

(Added to NRS by 1981, 541; A 1989, 1777; 1991, 261;1993, 1659; 2003,1529, 2539)

NRS 501.3857 Forfeitures. Any gun, ammunition, trap, snare, vessel, vehicle,aircraft or other device or equipment used, or intended for use:

1. To facilitate the unlawful and intentional killingor possession of any big game mammal;

2. To hunt or kill a big game mammal by using informationobtained as a result of the commission of an act prohibited by NRS 503.010 or a regulation of the Commissionwhich prohibits the location of big game mammals for the purpose of hunting orkilling by the use of:

(a) An aircraft, including, without limitation, anydevice that is used for navigation of, or flight in, the air;

(b) A hot air balloon or any other device that islighter than air; or

(c) A satellite or any other device that orbits theearth and is equipped to produce images, or other similar devices; or

3. Knowingly to transport, sell, receive, acquire orpurchase any big game mammal which is unlawfully killed or possessed,

is subjectto forfeiture pursuant to NRS 179.1156to 179.119, inclusive.

(Added to NRS by 1991, 2283; A 1993, 552; 2005, 1310)

NRS 501.386 Citationof violators. Whenever any person is halted bya game warden for any violation of this title, the person shall, in thediscretion of the game warden, either be given a citation or be taken withoutunnecessary delay before the proper magistrate. He shall be taken before themagistrate in either of the following cases:

1. When the person does not furnish satisfactoryevidence of identity; or

2. When the game warden has reasonable and probablegrounds to believe the person will disregard a written promise to appear incourt.

(Added to NRS by 1971, 831)

NRS 501.3865 Failureto appear by holder of license, tag or permit.

1. If a person who holds:

(a) A license, tag or permit issued by the Departmentto engage in any activity authorized or regulated by this title or by aregulation adopted pursuant thereto; or

(b) A certificate of number issued by the Department,

violates awritten promise to appear pursuant to a citation that was prepared manually orelectronically for a violation of a provision of this title, chapter 488 of NRS or any regulation adoptedpursuant thereto, the clerk of the court shall immediately notify the Departmenton a form approved by the Department.

2. Upon receipt of notice from a court in this Stateof a failure to appear, the Department shall notify the person by certifiedmail that his license, tag, permit or certificate of number is subject tosuspension and allow him 30 days after the date of mailing the notice to:

(a) Appear in court and obtain a dismissal of thecitation or complaint as provided by law;

(b) Appear in court and, if permitted by the court,make an arrangement acceptable to the court to satisfy a judgment ofconviction; or

(c) Make a written request to the Department for ahearing.

3. If notified by a court within 30 days after thenotice of a failure to appear that a person has been allowed to make anarrangement for the satisfaction of a judgment of conviction, the Departmentshall remove the suspension from the record of the person. If the personsubsequently defaults on his arrangement with the court, the court shall notifythe Department which shall immediately suspend the license, tag, permit orcertificate of number until the court notifies the Department that the suspensionmay be removed.

4. The Department shall suspend the license, tag,permit or certificate of number of a person 31 days after the Department mailshim the notice provided for in subsection 2, unless within that period theDepartment receives a written request for a hearing from the person or noticefrom the court on a form approved by the Department that the person hasappeared or the citation or complaint has been dismissed. A license, tag,permit or certificate of number so suspended remains suspended until furthernotice is received from the court that the person has appeared or that the casehas been otherwise disposed of as provided by law.

(Added to NRS by 2005, 1307)

NRS 501.3867 Failureto appear by person who does not hold license, tag or permit.

1. If a person who does not hold:

(a) A license, tag or permit issued by the Departmentto engage in any activity authorized or regulated by this title or by aregulation adopted pursuant thereto; or

(b) A certificate of number issued by the Department,

violates awritten promise to appear pursuant to a citation that was prepared manually orelectronically for a violation of a provision of this title, chapter 488 of NRS or any regulation adoptedpursuant thereto, the clerk of the court shall immediately notify theDepartment on a form approved by the Department.

2. Such a person may not apply to the Department for alicense, tag, permit or certificate of number until the Department receivesnotice from the court that the person has appeared or that the case has beenotherwise disposed of as provided by law.

(Added to NRS by 2005, 1308)

NRS 501.387 Penaltiesconcerning licenses; confiscation and disposal of wildlife.

1. Except as otherwise provided by specific statute,upon a conviction of a violation of any provision of this title, or anyregulation adopted pursuant to this title, in addition to the penalty providedfor the violation, the court may require the immediate surrender of alllicenses issued under the provisions of this title and held by the convictedperson. Upon receipt of a surrendered license, the court shall forward it tothe Commission.

2. In addition to the penalty provided for theviolation of any of the provisions of this title, the court may cause to beconfiscated all wildlife taken or possessed by the convicted person. Allconfiscated wildlife must be disposed of as directed by the court.

3. A convicted person shall not, during the time hislicense is revoked or suspended:

(a) Engage in any activity for which the license wasissued; or

(b) Purchase or otherwise obtain a license which hasbeen suspended or revoked.

4. Any person who is convicted of violating theprovisions of subsection 3 shall be punished by a fine of not more than $1,000or by imprisonment in a county jail for a period not to exceed 6 months, or byboth a fine and imprisonment. In addition, the revocation or suspension of thelicense of the convicted person may be extended by an amount of time equal tothe original period of revocation or suspension.

[Part 90:101:1947; 1943 NCL 3035.90](NRS A 1957,160; 1967, 597; 1969, 1349; 1975, 895; 1981, 542; 1989, 730; 1993, 924; 1995,898)

NRS 501.388 Revocationof license and of privilege to apply for big game tag on conviction of certainviolations.

1. The Commission may, in addition to any suspension,revocation or other penalty imposed pursuant to any other provision of thistitle:

(a) Revoke any license of any person who is convictedof a violation of NRS 503.050, and mayrefuse to issue any new license to the convicted person for any period not toexceed 5 years after the date of the conviction; and

(b) Revoke any license of any person who is convictedof unlawfully killing or possessing a bighorn sheep, mountain goat, elk, deer,pronghorn antelope, mountain lion or black bear in violation of NRS 501.376, and may:

(1) Refuse to issue any new license to theconvicted person for any period not to exceed 3 years; and

(2) Revoke that persons privilege to apply forany big game tag for a period not to exceed 10 years.

2. The court in which the conviction is had shallrequire the immediate surrender of all such licenses and shall forward them tothe Commission.

(Added to NRS by 1975, 894; A 1981, 542; 1985, 1353;1991, 261; 1997, 1027; 2003,2539)

NRS 501.389 Sale,donation or retention of equipment seized as evidence.

1. Except for property described in NRS 501.3857, equipment:

(a) Seized as evidence in accordance with NRS 501.375; and

(b) Not recovered by the owner within 1 year after itis no longer needed for evidentiary purposes,

becomes theproperty of the Department.

2. The Department may:

(a) Sell the equipment in accordance with theregulations adopted pursuant to subsection 5 of NRS 333.220;

(b) Donate equipment that is not dangerous to nonprofitorganizations which benefit children;

(c) Donate equipment that is not dangerous to childrenfrom low-income families who attend fishing clinics sponsored by theDepartment; or

(d) Retain the equipment for authorized use by theDepartment.

All moneyreceived from the sale of equipment must be deposited with the State Treasurerfor credit to the Wildlife Account in the State General Fund.

3. Any person of lawful age and lawfully entitled toreside in the United States may purchase the equipment, whether a prior owneror not.

[90 1/2:101:1947; added 1949, 292; 1943 NCL 3035.89a](NRS A 1969, 1349; 1979, 898; 1989, 731; 1991, 2285; 1993, 1660; 2003, 1529; 2005, 1310)

NRS 501.395 Rewards.

1. The Department may offer a reward for one or moreclasses of wildlife, not to exceed $1,000, for information leading to thearrest and conviction of any person who unlawfully kills or possesses wildlifeof the class specified. The reward must be paid for each person so arrested andconvicted upon his conviction. The reward must be distributed equally among thepersons who supplied the information which led to the arrest and conviction.

2. The Commission may adopt such regulations as arenecessary to carry out the provisions of this section.

(Added to NRS by 1981, 542; A 1985, 1353; 1993, 1660;2003, 1529)

 

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