2005 Nevada Revised Statutes - Chapter 503 — Hunting, Fishing and Trapping; Miscellaneous Protective Measures

CHAPTER 503 - HUNTING, FISHING ANDTRAPPING; MISCELLANEOUS PROTECTIVE MEASURES

GENERAL PROVISIONS

NRS 503.005 Mannerof hunting: Killing bird or animal while flying in aircraft prohibited; exceptions;penalty.

NRS 503.010 Mannerof hunting or trapping: Unlawful use of aircraft, helicopter, motor-drivenvehicle or boat.

NRS 503.015 Interferencewith person lawfully hunting or trapping.

NRS 503.030 Possessionof wildlife after end of open season; storage.

NRS 503.035 Meator game processor: Disposal for distribution by Department of game for whichprocessing or storage charges are not paid; immunity; civil remedies.

NRS 503.037 Commercialpreservation facility: Maintenance of records; inspection.

NRS 503.040 Transportationof wildlife or raw furs taken within State.

NRS 503.050 Unlawfulto waste game bird, mammal, fish or amphibian.

HUNTING

NRS 503.090 Unlawfulto hunt except during open season.

NRS 503.120 Huntinggame mammals: Designation of sex, age and physical characteristics of mammalswhich may be taken.

NRS 503.135 Huntingof migratory waterfowl: Requirement of federal stamp.

NRS 503.140 Hoursof hunting.

NRS 503.150 Mannerof hunting game birds or mammals.

NRS 503.165 Carryingloaded rifle or shotgun in or on vehicle on or along public way unlawful;exceptions.

NRS 503.175 Penaltyfor discharging firearm from or over federal or state highway or county road.

NRS 503.185 Huntingaccident causing injury or death of person or property damage: Report;revocation of license.

NRS 503.200 Competitivefield trials for hunting dogs and falconry; use of upland game birds for trialsand training.

NRS 503.240 Unlawfulto hunt, trap or fish upon certain private property without permission.

NRS 503.242 Unlawfulto hunt alternative livestock.

NRS 503.245 Limitationon hunting upland game birds by nonresidents.

FISHING

NRS 503.270 Openseason; hours of fishing.

NRS 503.290 Mannerand means of fishing; requirements for use of second combination of hook, lineand rod; taking frogs.

NRS 503.300 Regulationsof Commission: Types and use of bait; chumming.

NRS 503.310 Livebait: Authority of Commission; permit required for sale.

NRS 503.360 Unlawfulfishing from hatcheries.

NRS 503.380 Commercialtaking of unprotected wildlife.

NRS 503.400 Fishwaysand fish ladders: Construction and maintenance; penalty.

NRS 503.410 Unlawfulinterference with flow of water through fish ladder.

NRS 503.420 Fishscreens: Installation and maintenance; unlawful acts.

NRS 503.425 Dredgingoperations: Permits; unlawful acts.

NRS 503.430 Waterpollution: Deposit of substance deleterious to fish or wildlife; penalties.

FUR-BEARING MAMMALS AND TRAPPING

NRS 503.440 Openseason for fur-bearing mammals.

NRS 503.450 Mannerof hunting fur-bearing mammals.

NRS 503.452 Registrationor marking of traps, snares and similar devices; fee for registration.

NRS 503.454 Trappinglicense required; unlawful to remove or disturb trap of licensee.

NRS 503.470 Controlof fur-bearing mammals doing damage.

NRS 503.540 Authorityof Department to enter land and remove beaver or otter.

NRS 503.570 Minimumvisitation of traps, snares and other devices not designed to cause immediatedeath; removal of mammals.

NRS 503.575 Sale of live beaver by Department.

NRS 503.580 Unlawfulto set trap within 200 feet of public road or highway; exception.

RAPTORS

NRS 503.582 Permitrequired to hunt, trap, possess or sell birds of prey or parts thereof; regulations.

NRS 503.583 Falconrylicense for practicing falconry or training birds of prey: Requirement; fee;limit; banding; limitations on capture and killing; exception in regulations.

NRS 503.5833 Submissionof certain information regarding holder of permit or license to Division ofWelfare and Supportive Services of Department of Health and Human Services.[Expires by limitation on the date of the repeal of the federal law requiringeach state to establish procedures for withholding, suspending and restrictingthe professional, occupational and recreational licenses for child supportarrearages and for noncompliance with certain processes relating to paternityor child support proceedings.]

NRS 503.5835 Suspensionof permit or license for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of permit or license. [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.]

PROTECTION AND PROPAGATION OF NATIVE FAUNA

NRS 503.584 Legislativefinding; conservation, protection and propagation of selected species.

NRS 503.585 Placementof animal threatened with extinction on list of fully protected species;special permit for capture, removal or destruction.

NRS 503.586 Translocationor destruction of endangered species found to be destructive.

NRS 503.587 Dutiesof Commission.

NRS 503.588 Dutiesof Governor.

NRS 503.589 Powersand duties of Director.

MISCELLANEOUS PROTECTIVE MEASURES

NRS 503.590 Noncommercialcollections of live wildlife; regulations concerning fencing or containment ofcollections of wildlife; provisions inapplicable to alternative livestock.

NRS 503.595 Preventionor alleviation of damage caused by wildlife.

NRS 503.597 Introductionor removal of aquatic life or wildlife: Approval required; investigation;regulations.

NRS 503.610 Protectionof bald eagle and golden eagle.

NRS 503.620 Protectionof birds included in Migratory Bird Treaty Act.

NRS 503.631 Dogsrunning at large: Unlawful to permit tracking, harassing or killing of big gamemammal.

NRS 503.636 Dogsrunning at large: Unlawful to permit tracking, harassing or killing of wildlifein state-owned area for management of wildlife.

NRS 503.650 Collectionor shipping of wildlife for scientific or educational purposes; fee for permit.

NRS 503.660 Unlawfulmanner of camping near water hole.

_________

GENERAL PROVISIONS

NRS 503.005 Mannerof hunting: Killing bird or animal while flying in aircraft prohibited;exceptions; penalty.

1. Except as otherwise provided in subsection 2, aperson shall not kill or attempt to kill any birds or animals while flying inan aircraft.

2. The Commission may promulgate rules and regulationswhereby the Department may issue permits authorizing the hunting, killing ornonlethal control of coyotes, bobcats or ravens from an aircraft.

3. Every person who willfully violates the provisionsof subsection 1 is guilty of a misdemeanor.

(Added to NRS by 1973, 1674; A 1991, 333; 1993, 1670;2003, 1545)

NRS 503.010 Mannerof hunting or trapping: Unlawful use of aircraft, helicopter, motor-drivenvehicle or boat.

1. Except as otherwise provided in this section orsubsection 2 of NRS 503.005, it isunlawful to molest, rally, stir up or drive any game mammals or game birds withan aircraft, helicopter or motor-driven vehicle, including a motorboat orsailboat.

2. Except as otherwise provided in this subsection, itis unlawful to shoot at any game mammals or game birds with a weapon from anaircraft, helicopter or motor-driven vehicle. A person who is a paraplegic, hashad one or both legs amputated or has suffered a paralysis of one or both legswhich severely impedes his walking may shoot from a stopped motor vehicle whichis not parked on the traveled portion of a public highway, but he may not shootfrom, over or across a highway or road specified in NRS 503.175.

3. It is unlawful to spot or locate game mammals orgame birds with any kind of aircraft or helicopter and communicate thatinformation, within 24 hours after the aircraft or helicopter has landed or inviolation of a regulation of the Commission, by any means to a person on theground for the purpose of hunting or trapping. The provisions of thissubsection do not prohibit an employee or agent of the Department fromproviding general information to the public concerning the location of gamebirds or game mammals.

4. It is unlawful to use any information obtained inviolation of the provisions of subsection 3 to hunt or kill game mammals orgame birds.

5. It is unlawful to use a helicopter to transportgame, hunters or hunting equipment, except when the cargo or passengers, orboth, are loaded and unloaded at airports, airplane landing fields orheliports, which have been established by a department or agency of the Federalor State Government or by a county or municipal government or when the loadingor unloading is done in the course of an emergency or search and rescueoperation.

6. The provisions of subsection 1 do not apply to anemployee or agent of the Department who, while carrying out his duties,conducts a survey of wildlife with the use of an aircraft.

7. As used in this section, game bird does notinclude a raven even if classified as a game bird pursuant to NRS 501.110.

[Part 8:101:1947; A 1949, 292; 1943 NCL 3035.08](NRS A 1969, 1355; 1981, 320; 1989, 731; 1991, 264, 333; 2005, 1311)

NRS 503.015 Interferencewith person lawfully hunting or trapping.

1. It is unlawful for a person, or a group of peopleacting together, to intentionally interfere with another person who is lawfullyhunting or trapping. For the purpose of this subsection, hunting or trapping islawful only if permitted by the owner or person in possession of the land,other than the government, in addition to any requirement of license or permitfrom a public authority.

2. The provisions of subsection 1 do not apply to anyincidental interference arising from lawful activity by users of the publicland, including without limitation ranchers, miners or persons seeking lawfulrecreation.

(Added to NRS by 1983, 649; A 1991, 969)

NRS 503.030 Possessionof wildlife after end of open season; storage.

1. Except as otherwise provided in this section, it isunlawful for any person to have in his control any wildlife or any partthereof, the killing of which is at any time prohibited, during the time whensuch killing is prohibited, and the possession of such wildlife shall be primafacie evidence that it was the property of the State at the time it was caught,taken or killed in this State when the killing was unlawful, and that suchtaking or killing occurred in the closed season.

2. Wildlife legally taken may be stored in the home ofthe owner after the end of the open season for hunting or fishing for it andmay be stored in a public warehouse or commercial refrigerator locker undersuch rules as may be adopted by the Commission, but in no case shall more thanthe amount designated by law as the legal possession limit be so kept orstored.

3. The Commission is authorized to make rulesrequiring evidence of legal taking in this State, or legal taking under thelaws of the state where taken, to be provided in the case of wildlife kept orstored after the appropriate open season ends in the form of tags, certificatesor otherwise, if deemed necessary or convenient for the enforcement of thistitle.

[87:101:1947; A 1949, 292; 1943 NCL 3035.87](NRS A1969, 1356)

NRS 503.035 Meator game processor: Disposal for distribution by Department of game for whichprocessing or storage charges are not paid; immunity; civil remedies.

1. Meat or game processor as used in this sectionmeans any person, firm or corporation that receives any game for the purpose ofprocessing or storage or for the purposes of processing and storage.

2. Any meat or game processor who receives any gamefor the purpose of processing or storage may, within 90 days after the receiptthereof, if such game remains in the possession of such meat or game processor,dispose of such game to the Department if the owner of such game has not paidsuch meat or game processor for the processing or storage thereof.

3. The Department shall distribute such game to publiccharities on a fair and equitable basis.

4. No action may be commenced against such meat orgame processor by the owner of such game after such game has been delivered tothe Department under the provisions of this section.

5. Nothing in this section deprives a meat or gameprocessor of any remedy at law available to a creditor against a debtor for therecovery of any money or other legal consideration owing from the owner of thegame to the meat or game processor for such processing or storage.

(Added to NRS by 1959, 365; A 1969, 1356; 1993, 1671;2003, 1545)

NRS 503.037 Commercialpreservation facility: Maintenance of records; inspection.

1. Any commercial preservation facility, including anycold storage locker, trailer or walk-in facility offered by any commercialenterprise as a service to its customers or as an attraction to thatenterprise, receiving, possessing or having in custody any game mammals, gamebirds or game fish shall maintain accurate records showing the numbers and kindof such wildlife, the dates received and disposed of, and the names and addressesof the persons from whom such wildlife were received and to whom such wildlifewere delivered.

2. Any person authorized to enforce the provisions ofthis title may enter such facilities at all reasonable hours and inspect therecords, premises and operations.

3. The records required to be maintained must beretained by the person or persons responsible for their preparation andmaintenance for a period of 1 year following the end of the open season on suchwildlife received.

(Added to NRS by 1969, 1367; A 1991, 264)

NRS 503.040 Transportationof wildlife or raw furs taken within State.

1. Except as otherwise provided in this section, it isunlawful for any person at any time to transport or offer for transportation toany place within or outside of this State any game mammal, raw furs, wildmammal taken by trapping, game bird or game fish taken within this State.

2. Any person who has legally taken any game mammal,raw furs, wild mammal taken by trapping, game bird or game fish within thisState may use his hunting license, trapping license or fishing license or tagor stamp, when required, as a permit to transport one possession limit topoints within or outside the State.

3. Any person who legally acquires ownership orcustody of any game mammal, raw furs, wild mammal taken by trapping, game birdor game fish not taken by him through hunting, trapping or fishing maytransport such mammal, furs, bird or fish within the State without atransportation permit if such shipment does not exceed one possession limit andif such shipment is labeled with the name, address, number and class of licenseof the hunter, trapper or fisherman who legally took such mammal, furs, bird orfish and date taken, if the mammal, furs, bird or fish is not required by lawor regulation to be tagged. Unless otherwise permitted by a regulation of theCommission, when tagged shipments are involved, a transportation permit is requiredas provided in this section.

4. Any other person who desires to transport any gamemammal, raw furs, wild mammal taken by trapping, game fish or game bird to apoint within or without the State may do so only under the authority of atransportation permit as provided in this section.

5. The Department shall designate the form of thetransportation permit and such permits may be issued for a fee of $1 by anygame warden or other such persons as may be specifically designated by theDepartment. The person legally in possession of the game mammals, raw furs,wild mammals taken by trapping, game birds or game fish to be transported mustappear before the issuing agent to obtain a transportation permit. The permitmust describe the wildlife to be transported and identify by name, address,license number and class the person who legally took the furs or wildlife andby name and address the person transporting it. Whenever raw furs or wildlifeis to be transported by the postal service or by common carrier, freight orexpress agency, such an agency may be designated by name alone.

6. Game mammals, raw furs, wild mammals taken bytrapping, game birds or game fish transported to another person shall be deemedto be in the legal possession of the person making shipment until actualdelivery is made.

7. Any package or container in which game birds, rawfurs, wild mammals taken by trapping, game mammals or game fish are beingtransported by common carrier must have the name and address of the shipper andof the consignee and an accurate statement of the number and kinds of gamebirds, raw furs, wild mammals taken by trapping, game mammals or game fishcontained therein attached to the outside thereof.

8. The Commission may limit the number of shipments byany one person in any one season of any kind of game bird, game mammal or gamefish.

[32:101:1947; 1943 NCL 3035.32](NRS A 1969, 1357;1979, 347; 1989, 732; 1991, 265; 1993, 1671; 2003, 1546)

NRS 503.050 Unlawfulto waste game bird, mammal, fish or amphibian.

1. It is unlawful for any person to cause throughcarelessness, neglect or otherwise any edible portion of any game bird, gamemammal, game fish or game amphibian to go to waste needlessly.

2. It is unlawful for any person to capture or destroyany game mammal, except a carnivore, and detach or remove from the carcass thehead, hide, antlers, horns or tusks only and leave the carcass to waste.

3. For the purposes of subsection 1, game bird doesnot include a raven, crow or magpie even if classified as a game bird pursuantto NRS 501.110.

[Part 87 1/2:101:1947; 1943 NCL 3035.87a](NRS A1969, 1358; 1971, 1541; 1991, 266, 334)

HUNTING

NRS 503.090 Unlawfulto hunt except during open season. It isunlawful to hunt game mammals or game birds at any time during the year otherthan during an open season designated by the Commission pursuant to theprovisions of this title.

[Part 62:101:1947; A 1949, 292; 1951, 494; 1953,667](NRS A 1963, 66; 1969, 1359; 1991, 266)

NRS 503.120 Huntinggame mammals: Designation of sex, age and physical characteristics of mammalswhich may be taken.

1. Open seasons as provided pursuant to this title forgame mammals may designate the sex and age class or any obvious physicalcharacteristic for the mammals which may be taken.

2. With regard to game mammals, the Commission mayadopt regulations defining bucks only and antlerless mammals.

[61:101:1947; A 1949, 292; 1955, 86](NRS A 1969,1359; 1981, 608; 1991, 266)

NRS 503.135 Huntingof migratory waterfowl: Requirement of federal stamp. Itis unlawful for any person subject to the federal migratory bird hunting stamptax to hunt any migratory waterfowl unless at the time of such hunting he carrieson his person an unexpired federal migratory bird hunting stamp validated byhis signature written by himself in ink across the face of the stamp prior tohis hunting such birds.

(Added to NRS by 1963, 197; A 1969, 1359)

NRS 503.140 Hoursof hunting.

1. It is unlawful for any person to hunt game mammalsor game birds other than at the times of day which are set for such hunting bythe Commission.

2. Where no time is set by the Commission, it isunlawful for any person at any time to hunt game mammals or game birds exceptbetween sunrise and sunset, the same to be considered according to governmenttime reports.

[68:101:1947; A 1949, 292; 1955, 86](NRS A 1969,1359; 1991, 266)

NRS 503.150 Mannerof hunting game birds or mammals.

1. Unless otherwise specified by commissionregulation, it is unlawful to hunt:

(a) Any game bird or game mammal with any gun capableof firing more than one round with one continuous pull of the trigger, or withany full steel, full steel core, full metal jacket, tracer or incendiary bulletor shell, or any shotgun larger than number 10 gauge.

(b) Big game mammals in any manner other than with arifle, held in the hand, that exerts at least 1,000 foot-pounds of energy at100 yards, or with a longbow and arrow which meet the specificationsestablished by commission regulation.

(c) Small game mammals in any manner other than with ahandgun, shotgun, rifle, longbow and arrow or by means of falconry.

(d) Game birds with any rifle or handgun, or in anymanner other than with a shotgun held in the hand, with a longbow and arrow orby means of falconry.

(e) Migratory game birds with any shotgun capable ofholding more than three shells.

(f) Any game bird or game mammal with the aid of anyartificial light.

(g) Any big game mammal, except mountain lions, with adog of any breed.

2. Nothing in this section prohibits the use of dogsin the hunting of game birds or small game mammals.

[Part 2:101:1947; A 1949, 292; 1943 NCL 3035.02](NRS A 1957, 175; 1959, 385; 1969, 1360; 1973, 671; 1991, 266)

NRS 503.165 Carryingloaded rifle or shotgun in or on vehicle on or along public way unlawful;exceptions.

1. It is unlawful to carry a loaded rifle or loadedshotgun in or on any vehicle which is standing on or along, or is being drivenon or along, any public highway or any other way open to the public.

2. A rifle or shotgun is loaded, for the purposes ofthis section, when there is an unexpended cartridge or shell in the firingchamber, but not when the only cartridges or shells are in the magazine.

3. The provisions of this section do not apply toparaplegics, persons with one or both legs amputated or who have suffered aparalysis of one or both legs which severely impedes walking, or peace officersand members of the Armed Forces of this State or the United States while onduty or going to or returning from duty.

(Added to NRS by 1969, 1367; A 1971, 1542; 1981, 321;1987, 596)

NRS 503.175 Penaltyfor discharging firearm from or over federal or state highway or county road. Unless a greater penalty is provided in NRS 202.287, a person who discharges afirearm from, upon, over or across any federal highway, state highway as describedin NRS 408.285, or main or generalcounty road as designated in NRS 403.170,is guilty of a misdemeanor.

(Added to NRS by 1969, 1368; A 1979, 1174; 1989,1242)

NRS 503.185 Huntingaccident causing injury or death of person or property damage: Report;revocation of license.

1. Every person involved in a hunting accident wheredamage to property results, or which involves the injury of or death to anotherperson, shall file a report of the accident with the Department within 30 daysafter the accident. The report must be on the form prescribed by theDepartment.

2. The Department shall revoke any hunting licenseheld by a person convicted of violating NRS503.165 or 503.175, if the violationresults in an injury to or the death of another person. The Department shallnot issue another such license to the person sooner than 2 years after therevocation.

(Added to NRS by 1987, 596; A 1993, 1672; 2003, 1547)

NRS 503.200 Competitivefield trials for hunting dogs and falconry; use of upland game birds for trialsand training.

1. The Department is empowered to authorize, underpermit and for such fee as may be provided in NRS502.240, competitive field trials for hunting dogs or competitive fieldtrials for falconry. The Commission shall prescribe the rules and regulationsto be followed by those in charge of such trials insofar as conduct of the fieldtrials has any effect or bearing upon wildlife and the laws of this Staterespecting closed and open seasons.

2. For the purpose of permitting such field trials,the Department may authorize shooting of legally acquired upland game birdsduring any closed season on the species of bird or birds to be hunted.

3. All legally acquired upland game birds used in afield trial or for the purpose of training hunting dogs and for falconrytraining must be banded with legbands by the person in charge of such fieldtrial or training. Such birds may only be released in an area first approved bythe Department, after which the Department shall authorize, under permit andunder such rules and regulations as the Commission may prescribe, the releasingof such legally acquired upland game birds for the foregoing purposes.

4. All birds killed under the provisions of thissection must be accompanied by a receipt, giving the permit number, the date,the name of the person in possession, and signed by the permit holder. Birdskilled and accompanied by a receipt under the provisions of this section may belegally possessed.

[88 1/2:101:1947; A 1951, 377](NRS A 1959, 385;1967, 989; 1969, 1360; 1993, 1672; 2003, 1547)

NRS 503.240 Unlawfulto hunt, trap or fish upon certain private property without permission.

1. It is unlawful for any person to hunt, fish innonnavigable waters or trap upon land which is private property where theperson has been warned by the owner or occupant of the property not to trespassin the manner prescribed in NRS 207.200,or where signs are displayed forbidding hunting, trapping or fishing withoutpermission obtained from the owner or occupant of the private property.

2. Any person using that private property for hunting,fishing or trapping shall comply with the provisions of NRS 207.220.

[1911 C&P 501; RL 6766; NCL 10448] + [1911C&P 502; RL 6767; NCL 10449](NRS A 1967, 598; 1969, 1361; 2005, 1312)

NRS 503.242 Unlawfulto hunt alternative livestock. It is unlawfulto hunt any alternative livestock reared on or derived from a farm or otheroperation that raises alternative livestock.

(Added to NRS by 1993, 431)

NRS 503.245 Limitationon hunting upland game birds by nonresidents. Huntingby nonresidents of this State for upland game birds or one or more species ofsuch class may be forbidden or the number of licenses for such birds issued tononresidents limited by the Commission in any county, counties or in anyportion of a county.

[Part 50a:101:1947; added 1949, 292; A 1953,673](NRS A 1965, 1178; 1969, 1355; 1979, 901)

FISHING

NRS 503.270 Openseason; hours of fishing.

1. It is unlawful for any person to fish in or fromany of the waters of the State of Nevada except during the open season asdesignated by the Commission under the provisions of this title.

2. The Commission may by regulation allow fishing forany species of fish during any hour of the day or night.

[38:101:1947; 1943 NCL 3035.38](NRS A 1961, 116;1969, 1361)

NRS 503.290 Mannerand means of fishing; requirements for use of second combination of hook, line androd; taking frogs.

1. Except as otherwise provided in subsection 2, it isunlawful for any person to fish in or from any of the waters of the State ofNevada for any fish of any species in any manner other than with hook and lineattached to a rod or reel closely attended in the manner known as angling. Onlyone combination of hook, line and rod must be used by one person at any time,except that a second combination of hook, line and rod may be used by a personif the person:

(a) Purchases from the Department or a license agent ofthe Department a stamp, permit or such documentation as may be provided by theDepartment for a second rod;

(b) Uses the rod in the manner prescribed in thissection; and

(c) Has in his possession a valid fishing license,combined hunting and fishing license or permit to fish issued to him by theDepartment, or such documentation as the Department provides as proof that hehas paid to the Department, for the licensing period that includes the time heis fishing, the fee required pursuant to this section.

The fee forthe stamp, permit or documentation is $10, and the stamp, permit ordocumentation is valid only for the period for which it is issued.

2. The Commission may by regulation authorize othermethods for taking fish. Frogs may be taken by spear, bow and arrow, hook andline or by other methods authorized by the Commissions regulation.

3. For the purposes of this section, hook includesnot more than three baited hooks, not more than three fly hooks or not morethan two plugs or similar lures. No more than two such plugs or lures,irrespective of the number of hooks or attractor blades attached thereto, maybe attached to the line.

[Part 45:101:1947; A 1949, 125; 1953, 667](NRS A1957, 175; 1959, 386; 1969, 1362; 1983, 853; 1995, 82; 2003, 1547, 2550)

NRS 503.300 Regulationsof Commission: Types and use of bait; chumming.

1. The Commission may prescribe by regulation thetypes of bait and methods by which it may or may not be used in any designatedwater. It is unlawful for any person to use any bait prohibited by regulation.

2. The Commission may by regulation control thepractice known as chumming.

[Part 45:101:1947; A 1949, 125; 1953, 667](NRS A1969, 1362)

NRS 503.310 Livebait: Authority of Commission; permit required for sale.

1. The Commission may regulate or prohibit the use oflive bait in fishing so that no undesirable species are introduced into thepublic waters of this State.

2. Any person engaged in the sale of live bait mustfirst obtain a permit from the Department for the fee provided in NRS 502.240. The permit may be revoked forany violation of regulations.

3. The Commission may prescribe the species which maybe held or sold by the permittee.

[Part 43:101:1947; A 1949, 292; 1951, 494](NRS A1961, 113; 1969, 1362; 1987, 562; 1993, 1673; 2003, 1548)

NRS 503.360 Unlawfulfishing from hatcheries.

1. It is unlawful for any person at any time to fishfrom any state hatchery, or from any waters set aside or used for the purposeof rearing or growing fish for transplanting by the State.

2. Nothing in this section prohibits employees of theDepartment from handling, at any time, all such fish, as may be required in thepropagation, care and distribution of the fish.

[41:101:1947; 1943 NCL 3035.41](NRS A 1969, 1363;1981, 543; 1993, 1673; 2003,1548)

NRS 503.380 Commercialtaking of unprotected wildlife. The Departmentmay take or permit the commercial taking of unprotected wildlife in any mannerapproved by the Commission. The Commission may fix a price to be paid for wildlifeso taken. Unprotected wildlife taken under this authorization may be sold.

[Part 44:101:1947; 1943 NCL 3035.44](NRS A 1969,1363; 1987, 562; 1993, 1673; 2003, 1548)

NRS 503.400 Fishwaysand fish ladders: Construction and maintenance; penalty.

1. Every person who has erected, or who may hereaftererect, any dams, water weirs or other obstructions to the free passage of fishin the rivers, streams, lakes or other waters of the State of Nevada shallconstruct and keep in repair, to the satisfaction of the Department, fishwaysor fish ladders at all such dams, water weirs or other obstructions so that atall seasons of the year fish may ascend above such dams, water weirs or otherobstructions to deposit their spawn.

2. Every person so placing, controlling or owning anysuch obstruction who fails to comply with the provisions of this section afterhaving been notified in writing so to do by the Department, and every personwho at any time willfully or knowingly destroys, injures or obstructs anyfishway or fish ladder which is required by law is guilty of a misdemeanor.

[29:101:1947; 1943 NCL 3035.29](NRS A 1969, 1363;1993, 1673; 2003, 1548)

NRS 503.410 Unlawfulinterference with flow of water through fish ladder.

1. It shall be unlawful for any person to dry up,impede or interfere with the free flow of water through any fish ladder uponany stream in this State, when there is sufficient unappropriated or unusedwater in such stream for use therein, by diverting the same from above andaround such fish ladder by means of any ditch, canal or aqueduct, andpermitting the same to waste, spill or flow back into the stream below suchfish ladder by means of a spillway, tailrace, overflow, underpass, headgate orother appliance not equipped with an efficient and adequate fish ladder.

2. This section shall not be construed to impair anysubsisting right to divert water from such stream for irrigation, domestic orculinary purposes.

[31:101:1947; 1943 NCL 3035.31]

NRS 503.420 Fishscreens: Installation and maintenance; unlawful acts.

1. Any person, firm or corporation owning in whole orin part any canal, ditch or any artificial watercourse, taking or receiving itswaters from any river, creek or lake in which fish have been placed or mayexist, shall place or cause to be placed, and such persons shall maintain atthe intake or inlet of such canal, ditch or watercourse, a grating, screen orother device, either stationary or operated mechanically, of such construction,fineness, strength and quality as may be designated by the Department, toprevent any fish from entering such canal, ditch or watercourse.

2. If such person, firm or corporation, after duenotice from the Department, fails to install or maintain such grating, screenor device, the Commission is authorized to enter upon lands adjacent to theinlet of such canal, ditch or watercourse, and may install therein, andthereafter maintain, such grating, screen or device as in the discretion of theDepartment is proper.

3. It is unlawful for any person or persons, except agame warden, to remove, tamper with, destroy or in any way molest such screens whenthe same have been installed.

[30:101:1947; 1943 NCL 3035.30](NRS A 1969, 1363;1993, 1673; 2003,1549)

NRS 503.425 Dredgingoperations: Permits; unlawful acts.

1. Before a person may use any vacuum or suctiondredge equipment in any river, stream or lake of this State, he must submit anapplication to the Department. The application must be accompanied by a fee of$15 and must specify the type and size of equipment to be used and itslocation. If the Department determines that the operations will not bedeleterious to fish, it shall issue a permit to the applicant.

2. A permit issued pursuant to subsection 1 does notauthorize the recipient to use any equipment in any navigable body of waterunless the recipient has obtained the appropriate permit for such a use fromthe State Land Registrar.

3. It is unlawful for any person to:

(a) Conduct dredging operations without securing apermit pursuant to subsection 1;

(b) Operate any equipment other than that specified inthe permit; or

(c) Conduct a dredging operation outside the areadesignated on the permit.

(Added to NRS by 1969, 1368; A 1981, 357; 1993, 1459,1674; 1995, 579; 2003,1549, 2551)

NRS 503.430 Waterpollution: Deposit of substance deleterious to fish or wildlife; penalties. Except as otherwise provided in NRS 445A.615 or unless a greater penaltyis prescribed by NRS 459.600, everyperson who places or allows to pass, or who places where it can pass or fall,into or upon any of the waters of this State at any time, any lime, gas tar,slag, acids or other chemical, sawdust, shavings, slabs, edgings, mill orfactory refuse, sewage, garbage or any substance deleterious to fish orwildlife is guilty of a misdemeanor for the first offense and a gross misdemeanorfor any subsequent offense.

[28:101:1947; 1943 NCL 3035.28](NRS A 1957, 176;1987, 562; 1989, 1269; 1991, 830)

FUR-BEARING MAMMALS AND TRAPPING

NRS 503.440 Openseason for fur-bearing mammals.

1. Except as otherwise provided in NRS 503.470, it is unlawful to trap or killfur-bearing mammals at any time during the year other than during an openseason as designated by the Commission pursuant to the provisions of thistitle.

2. The Commission, in its sole discretion, may set theopen season for fur-bearing mammals.

[73:101:1947; A 1949, 292; 1943 NCL 3035.73](NRS A1969, 1364; 1991, 267)

NRS 503.450 Mannerof hunting fur-bearing mammals. It is unlawfulfor any person at any time to hunt any fur-bearing mammal in any manner otherthan by trap, gun or bow and arrow.

[Part 74:101:1947; 1943 NCL 3035.74](NRS A 1983,854; 1991, 267)

NRS 503.452 Registrationor marking of traps, snares and similar devices; fee for registration. Each trap, snare or similar device used in the taking ofwild mammals may bear a number registered with the Department or be permanentlymarked with the name and address of the owner or trapper using it. If a trap isregistered, the registration is permanent. A registration fee of $10 for eachregistrant is payable only once, at the time the first trap, snare or similardevice is registered.

(Added to NRS by 1979, 346; A 1983, 854; 1991, 267;1993, 1674; 1995, 898; 2003,1549, 2551)

NRS 503.454 Trappinglicense required; unlawful to remove or disturb trap of licensee.

1. Every person who takes fur-bearing mammals by anylegal method or unprotected mammals by trapping or sells raw furs for profitshall procure a trapping license.

2. It is unlawful to remove or disturb the trap of anyholder of a trapping license while the trap is being legally used by him onpublic land or on land where he has permission to trap.

(Added to NRS by 1979, 347; A 1983, 854; 1991, 267,1575)

NRS 503.470 Controlof fur-bearing mammals doing damage.

1. Fur-bearing mammals injuring any property may betaken or killed at any time in any manner, provided a permit is first obtainedfrom the Department.

2. When the Department has determined frominvestigations or upon a petition signed by the owners of 25 percent of theland area in any irrigation district or the area served by a ditch companyalleging that an excessive population of beaver or otter exists or that beaveror otter are doing damage to lands, streams, ditches, roads or water controlstructures, the Department shall remove such excess or depredating beaver orotter.

[Part 75:101:1947; R 1953, 671; added 1953, 671](NRSA 1967, 1201; 1969, 1364; 1991, 267; 1993, 1674; 2003, 1549)

NRS 503.540 Authorityof Department to enter land and remove beaver or otter. Whenever the Department determines that beaver or otterare doing damage and that it will be necessary to remove beaver or otter fromthe land of a person to protect the lands of another landowner, the Departmentis not prevented from taking such beaver or otter by the refusal of thelandowner to allow the employees of the Department to enter upon his land. TheDepartment is authorized to enter upon the lands of such owner and removebeaver or otter for the relief of other landowners and the protection of thepublic welfare.

[Part 75:101:1947; R 1953, 671; added 1953, 671](NRSA 1969, 1365; 1993, 1674; 2003, 1550)

NRS 503.570 Minimumvisitation of traps, snares and other devices not designed to cause immediatedeath; removal of mammals.

1. A person taking or causing to be taken wild mammalsby means of traps, snares or any other devices which do not, or are notdesigned to, cause immediate death to the mammals, shall, if the traps, snaresor devices are placed or set to take mammals, visit or cause to be visited atleast once each 96 hours each trap, snare or other device during all of thetime the trap, snare or device is placed, set or used to take wild mammals, andremove therefrom any mammals caught therein.

2. The provisions of subsection 1 do not apply toemployees of the State Department of Agriculture or the United StatesDepartment of Agriculture when acting in their official capacities.

[1:107:1937; 1931 NCL 3153.01] + [2:107:1937; 1931NCL 3153.02](NRS A 1967, 599; 1969, 1365; 1979, 348; 1981, 608; 1991, 268,334; 1993, 1674; 1999,3626)

NRS 503.575 Saleof live beaver by Department. The Department,with the approval of the Commission, may sell live beaver.

[Part 75:101:1947; R 1953, 671; added 1953, 671](NRSA 1969, 1365; 1993, 1675; 2003, 1550)

NRS 503.580 Unlawfulto set trap within 200 feet of public road or highway; exception.

1. For the purposes of this section, public road orhighway means:

(a) A highway designated as a United States highway.

(b) A highway designated as a state highway pursuant tothe provisions of NRS 408.285.

(c) A main or general county road as defined by NRS 403.170.

2. It is unlawful for any person, company orcorporation to place or set any steel trap, used for the purpose of trappingmammals, larger than a No. 1 Newhouse trap, within 200 feet of any public roador highway within this State.

3. This section does not prevent the placing orsetting of any steel trap inside, along or near a fence which may be situatedless than 200 feet from any public road or highway upon privately owned lands.

[1:155:1931] + [2:155:1931](NRS A 1960, 229; 1967,599; 1969, 1365; 1979, 1175; 1991, 268)

RAPTORS

NRS 503.582 Permitrequired to hunt, trap, possess or sell birds of prey or parts thereof; regulations. Except as otherwise provided in this section, it isunlawful for any person to hunt, trap, possess or sell any species, native orotherwise, of owl, hawk or other birds of prey, including all raptors or theparts thereof, without first obtaining a permit from the Department. TheCommission may adopt regulations:

1. Covering the hunting, trapping, possession or saleof any of those species.

2. Authorizing a person to hunt, trap, possess or sellany of those species without obtaining a permit pursuant to the provisions ofthis section.

(Added to NRS by 1969, 774; A 1971, 1542; 1993, 1675;1995, 118; 2003, 1550)

NRS 503.583 Falconrylicense for practicing falconry or training birds of prey: Requirement; fee;limit; banding; limitations on capture and killing; exception in regulations.

1. Except as otherwise provided in this section, anyperson who practices falconry or trains birds of prey must obtain a falconry licensefrom the Department upon payment of a license fee as provided in NRS 502.240.

2. The licensee, under permit, may obtain from thewild only two birds per year. All such birds of prey must be banded inaccordance with regulations adopted by the Commission.

3. Birds of prey may not be taken, captured ordisturbed during the months in which they breed.

4. This section does not prohibit the capture orkilling of a hawk or an owl by holders of scientific collecting permits.

5. The Commission may adopt regulations authorizing aperson to practice falconry or train birds of prey without obtaining a falconrylicense pursuant to the provisions of subsection 1.

(Added to NRS by 1969, 774; A 1969, 1376; 1971, 1542;1981, 608; 1993, 1675; 1995, 118; 2003, 1550)

NRS 503.5833 Submissionof certain information regarding holder of permit or license to Division of Welfareand Supportive 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 the Departmentof Health and Human Services, submit to the Division of Welfare and SupportiveServices the name, address and social security number of each person who holdsa permit or license issued pursuant to NRS503.582 or 503.583 that does notexpire less than 6 months after it is issued and any pertinent changes in thatinformation.

(Added to NRS by 1997, 2086; A 2003, 1550)

NRS 503.5835 Suspensionof permit or license for failure to pay child support or comply with certainsubpoenas or warrants; reinstatement of permit or license. [Expires by limitationon the 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.]

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 permitor license issued pursuant to NRS 503.582or 503.583 that does not expire lessthan 6 months after it is issued, the Department shall deem the permit orlicense issued to that person to be suspended at the end of the 30th day afterthe date on which the court order was issued unless the Department receives aletter issued to the holder of the permit or license by the district attorneyor other public agency pursuant to NRS425.550 stating that the holder of the permit or license has complied withthe subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

2. The Department shall reinstate a permit or licenseissued pursuant to NRS 503.582 or 503.583 that has been suspended by adistrict court pursuant to NRS 425.540if the Department receives a letter issued by the district attorney or otherpublic agency pursuant to NRS 425.550 tothe person whose permit or license was suspended stating that the person whosepermit or license was suspended has complied with the subpoena or warrant orhas satisfied the arrearage pursuant to NRS425.560.

(Added to NRS by 1997, 2086; A 2003, 1550)

PROTECTION AND PROPAGATION OF NATIVE FAUNA

NRS 503.584 Legislativefinding; conservation, protection and propagation of selected species.

1. The Legislature finds that:

(a) The economic growth of the State of Nevada has beenattended with some serious and unfortunate consequences. Nevada has experiencedthe extermination or extirpation of some of her native species of animals,including fish and vertebrate wildlife. Serious losses have occurred and areoccurring in other species of native wild animals with important economic,educational, historical, political, recreational, scientific and aestheticvalues.

(b) The people of the State of Nevada have anobligation to conserve and protect the various species of native fish andwildlife that are threatened with extinction.

2. The purpose of NRS503.584 to 503.589, inclusive, is toprovide a program for the:

(a) Conservation, protection, restoration andpropagation of selected species of native fish and other vertebrate wildlife,including migratory birds; and

(b) Perpetuation of the populations and habitats ofsuch species.

(Added to NRS by 1969, 773)

NRS 503.585 Placementof animal threatened with extinction on list of fully protected species;special permit for capture, removal or destruction. Aspecies or subspecies of native fish, wildlife and other fauna must be regardedas threatened with extinction when the Commission, after consultation withcompetent authorities, determines that its existence is endangered and itssurvival requires assistance because of overexploitation, disease or otherfactors or its habitat is threatened with destruction, drastic modification orsevere curtailment. Any animal so declared to be threatened with extinctionmust be placed on the list of fully protected species, and no member of itskind may be captured, removed or destroyed at any time by any means exceptunder special permit issued by the Department.

(Added to NRS by 1969, 774; A 1969, 1376; 1993, 1675;2003, 1551)

NRS 503.586 Translocationor destruction of endangered species found to be destructive. Where any bird, mammal or other wildlife which is declaredto be in danger of extinction pursuant to NRS503.585 is found to be destructive of domestic animals or fowl or a menaceto health, the Department may provide for its destruction or its removal,alive, for translocating.

(Added to NRS by 1969, 774; A 1969, 1376; 1993, 1675;2003, 1551)

NRS 503.587 Dutiesof Commission. The Commission shall use itsauthority to manage land to carry out a program for conserving, protecting,restoring and propagating selected species of native fish, wildlife and othervertebrates and their habitats which are threatened with extinction anddestruction.

(Added to NRS by 1969, 774; A 1979, 901)

NRS 503.588 Dutiesof Governor. The Governor shall review theprograms which he administers and, to the extent practicable, utilize suchprograms in furtherance of the purpose of NRS503.584 to 503.589, inclusive, andshall encourage other state and federal agencies to use their authorities insuch a manner.

(Added to NRS by 1969, 774)

NRS 503.589 Powersand duties of Director. In carrying out theprogram authorized by NRS 503.584 to 503.589, inclusive, the Director shallcooperate, to the maximum extent practicable, with other states and with thecounties in the State of Nevada, and he may enter into agreements with suchother states and counties and with other legal entities for the administrationand management of any area established pursuant to NRS 503.584 to 503.589, inclusive, for the conservation,protection, restoration and propagation of species of native fish, wildlife andother fauna which are threatened with extinction.

(Added to NRS by 1969, 774; A 1993, 1676; 2003, 1551)

MISCELLANEOUS PROTECTIVE MEASURES

NRS 503.590 Noncommercialcollections of live wildlife; regulations concerning fencing or containment ofcollections of wildlife; provisions inapplicable to alternative livestock.

1. Except as otherwise provided in this section, aperson may maintain a noncommercial collection of legally obtained live wildlifeif:

(a) Such a collection is not maintained for publicdisplay nor as a part of or adjunct to any commercial establishment; and

(b) The wildlife contained in such a collection is of aspecies which may be possessed in accordance with regulations adopted by theCommission pursuant to subsection 2 of NRS504.295.

2. The Commission may adopt reasonable regulationsestablishing minimum standards for the fencing or containment of any collectionof wildlife.

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

[1:72:1947; 1943 NCL 3154.05] + [2:72:1947; 1943NCL 3154.06] + [3:72:1947; A 1955, 196] + [4:72:1947; 1943 NCL 3154.08](NRSA 1959, 387; 1967, 1126; 1969, 1366, 1453; 1971, 1187; 1981, 609; 1993, 431)

NRS 503.595 Preventionor alleviation of damage caused by wildlife. Afterthe owner or tenant of any land or property has made a report to the Departmentindicating that such land or property is being damaged or destroyed, or is indanger of being damaged or destroyed, by wildlife, the Department may, afterthorough investigation and pursuant to such regulations as the Commission maypromulgate, cause such action to be taken as it may deem necessary, desirableand practical to prevent or alleviate such damage or threatened damage to suchland or property.

[8.5:101:1947; added 1955, 73](NRS A 1969, 1551;1971, 1542; 1973, 287; 1993, 1676; 2003, 1551)

NRS 503.597 Introductionor removal of aquatic life or wildlife: Approval required; investigation;regulations.

1. Except as otherwise provided in this section, it isunlawful, except by the written consent and approval of the Department, for anyperson at anytime to receive, bring or have brought or shipped into this State,or remove from one stream or body of water in this State to any other, or fromone portion of the State to any other, or to any other state, any aquatic lifeor wildlife, or any spawn, eggs or young of any of them.

2. The Department shall require an applicant toconduct an investigation to confirm that such an introduction or removal willnot be detrimental to the wildlife or the habitat of wildlife in this State.Written consent and approval of the Department may be given only if the resultsof the investigation prove that the introduction, removal or importation willnot be detrimental to existing aquatic life or wildlife, or any spawn, eggs oryoung of any of them.

3. The Commission may through appropriate regulationprovide for the inspection of such introduced or removed creatures and theinspection fees therefor.

4. The Commission may adopt regulations to prohibit theimportation, transportation or possession of any species of wildlife which theCommission deems to be detrimental to the wildlife or the habitat of thewildlife in this State.

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

[Part 43:101:1947; A 1949, 292; 1951, 494](NRS A1957, 175; 1969, 1358; 1993, 431, 1676; 1995, 514; 2003, 1552)

NRS 503.610 Protectionof bald eagle and golden eagle.

1. Except as otherwise provided in subsection 2, it isunlawful for any person, firm, company, corporation or association to kill,destroy, wound, trap, injure, possess dead or alive, or in any other manner tocatch or capture, or to pursue with such intent the birds known as the baldeagle and the golden eagle, or to take, injure, possess or destroy the nests oreggs of such birds.

2. The Department may issue permits to take baldeagles or golden eagles whenever it determines that they have become seriouslyinjurious to wildlife or agricultural or other interests in any particular areaof the State and the injury complained of is substantial and can only be abatedby taking some or all of the offending birds. The issuance of such permits mustbe consistent with federal law.

[66:101:1947; 1943 NCL 3035.66] + [1911 C&P 546; RL 6811; NCL 10492](NRS A 1963, 1277; 1969, 1366; 1993, 1676; 2003, 1552)

NRS 503.620 Protectionof birds included in Migratory Bird Treaty Act. Exceptas otherwise provided by this title or a regulation adopted pursuant thereto,it is unlawful for any person to hunt or take any dead or alive birds, nests ofbirds or eggs of birds protected by that certain Act of Congress commonly knownand referred to as the Migratory Bird Treaty Act of July 3, 1918, as amended,16 U.S.C. 703 et seq., or protected by a regulation of the Commission.

[67:101:1947; 1943 NCL 3035.67] + [1911 C&P 547; RL 6812; NCL 10493](NRS A 1969, 1367; 2005, 1312)

NRS 503.631 Dogsrunning at large: Unlawful to permit tracking, harassing or killing of big gamemammal.

1. Except as otherwise provided in NRS 503.150, it is unlawful for the ownerof any dog to permit such dog to run at large if such dog is actively tracking,pursuing, harassing, attacking or killing any big game mammal within thisState.

2. Any such dog running at large may be destroyed byany peace officer without criminal or civil liability therefor.

(Added to NRS by 1973, 845; A 1991, 268)

NRS 503.636 Dogsrunning at large: Unlawful to permit tracking, harassing or killing of wildlifein state-owned area for management of wildlife.

1. It is unlawful for the owner of any dog to permitsuch dog to run at large if such dog is actively tracking, pursuing, harassing,attacking or killing any wildlife in a state-owned wildlife management area, asprovided in NRS 504.143.

2. Any such dog running at large may be destroyed byany peace officer, without criminal or civil liability therefor.

(Added to NRS by 1973, 845)

NRS 503.650 Collectionor shipping of wildlife for scientific or educational purposes; fee for permit. Nothing in this title:

1. Prohibits any person, upon the written permit ofthe Department, from taking, killing, possessing or banding any species ofwildlife, or collecting the nest or eggs thereof, for strictly scientific oreducational purposes, the number and species of wildlife to be limited by theDepartment.

2. Prevents shipping into any other county or state,under a written permit issued by the Department, any wildlife for scientific oreducational purposes.

The amountof the fee for a permit to collect wildlife for scientific or educationalpurposes is $50.

[72:101:1947; 1943 NCL 3035.72](NRS A 1969, 1367;1971, 1543; 1981, 357, 609; 1991, 268; 1993, 1676; 2003, 1552, 2551)

NRS 503.660 Unlawfulmanner of camping near water hole. It is unlawfulfor any person to camp within 100 yards of a water hole in such a manner thatwildlife or domestic stock will be denied access to such water hole.

(Added to NRS by 1975, 1453)

 

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