[Rev. 11/21/2013 12:15:52 PM--2013]

CHAPTER 504 - MANAGEMENT AND PROPAGATION

WILDLIFE MANAGEMENT AREAS

NRS 504.140           Agreements with landowners; closed zones; limitation on number of hunters and anglers.

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

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

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

PREVENTION AND MITIGATION OF DAMAGE CAUSED BY CERTAIN GAME MAMMALS

NRS 504.155           Receipt of money by Department; accounting and disbursement.

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

NRS 504.175           Reports to Legislature. [Repealed.]

NRS 504.185           Inapplicability to certain alternative livestock and game mammals.

CAPTURE, SEIZURE OR DESTRUCTION OF RELEASED OR ESCAPED WILDLIFE

NRS 504.245           Authority and immunity of Department; duty and liability of owner or possessor of wildlife.

POSSESSION OF LIVE WILDLIFE

NRS 504.295           Prohibited acts; regulations; licenses; inapplicability to alternative livestock.

SHOOTING PRESERVES FOR UPLAND GAME BIRDS

NRS 504.300           Establishment of commercial or private shooting preserve.

NRS 504.310           License: Application; issuance; fee.

NRS 504.320           Rules and regulations governing species that may be taken.

NRS 504.330           Shooting hours on preserves.

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

NRS 504.350           Invoices for birds taken.

NRS 504.360           Records and reports of licensees; inspections.

NRS 504.370           Rules and regulations for operation and maintenance of preserves.

NRS 504.380           Penalties.

HUNTING AND FISHING GUIDES

NRS 504.390           Licensing; records; regulations. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 504.390           Licensing; records; regulations. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 504.393           Submission of certain information regarding holder of license to Division of Welfare and Supportive Services of Department of Health and Human Services. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

NRS 504.395           Acting as guide without license; penalty; forfeiture; revocation.

NRS 504.397           Compensation of master guide or subguide; proof of licensure; penalty.

NRS 504.398           Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

PRESERVATION OF WILD HORSES

NRS 504.490           Unlawful acts; penalty.

_________

 

WILDLIFE MANAGEMENT AREAS

      NRS 504.140  Agreements with landowners; closed zones; limitation on number of hunters and anglers.

      1.  The Department is authorized, subject to approval by the Commission, to enter into agreements with landowners, individually or in groups, to establish wildlife management areas and to enforce regulations necessary thereto for the purpose of providing greater areas for the public to hunt or fish on private lands and to protect the landowner or lessee from damage due to trespass or excessive hunting or fishing pressure.

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

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

      4.  The agreement may designate the number of hunters or anglers who may be admitted to the area, if such limitation is necessary or desirable.

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

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

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

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

      3.  The Commission may by regulation:

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

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

      (c) Prescribe the manner and the means of taking wildlife in such areas.

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

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

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

      1.  The Department may, if such leases or sales do not interfere with the use of such real property for wildlife management or for hunting or fishing thereon:

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

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

      2.  Except as otherwise provided in subsection 3, whenever the Department intends to lease grazing or pasturage rights or to sell or offer for sale agricultural products as provided in subsection 1, the Department may do so only by advertising for bids, reserving in such advertising the right to reject any or all bids.

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

      4.  If the Department finds that the highest or best bid is less than the amount that should be paid, the Department may reject all bids and negotiate with interested persons for such lease or sale, but shall not accept any negotiated price if it is less in amount than the highest bid tendered for the same lease or sale.

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

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

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

      1.  The Department may, if such leases or sales do not interfere with the use of such real property for wildlife management or for hunting or fishing thereon:

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

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

      2.  Except as otherwise provided in subsection 3, whenever the Department intends to lease grazing or pasturage rights or to sell or offer for sale agricultural products as provided in subsection 1, the Department may do so only by advertising for bids, reserving in such advertising the right to reject any or all bids.

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

      4.  If the Department finds that the highest or best bid is less than the amount that should be paid, the Department may reject all bids and negotiate with interested persons for such lease or sale, but shall not accept any negotiated price if it is less in amount than the highest bid tendered for the same lease or sale.

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

      (Added to NRS by 1961, 665; A 1969, 1549; 1979, 901; 1993, 447, 1677; 1995, 521; 2003, 1553, effective upon the conveyance of the Carson Lake Pasture to the State of Nevada)

PREVENTION AND MITIGATION OF DAMAGE CAUSED BY CERTAIN GAME MAMMALS

      NRS 504.155  Receipt of money by Department; accounting and disbursement.  All gifts, grants, fees and appropriations of money received by the Department for the prevention and mitigation of damage caused by elk or game mammals not native to this State, and the interest and income earned on the money, less any applicable charges, must be accounted for separately within the Wildlife Fund Account and may only be disbursed as provided in the regulations adopted pursuant to NRS 504.165.

      (Added to NRS by 1989, 2020; A 1991, 268; 1993, 1678; 2003, 1553; 2011, 3154)

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

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

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

      (b) Prevent or mitigate damage to fences on public lands;

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

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

Ę caused by elk or game mammals not native to this State.

      2.  The regulations must contain:

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

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

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

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

                   (II) Conduct the inspection described in sub-subparagraph (I) in consultation with the persons or entities which will be directly affected by the construction of the fence, including, without limitation, an owner of the private land on which the fence is proposed to be constructed, a governmental entity that manages the public land on which the fence is proposed to be constructed, a holder of a permit to graze livestock on the public land, if applicable, and a person who holds a water right which will be directly affected by the construction of the fence; and

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

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

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

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

      3.  The regulations must:

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

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

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

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

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

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

      4.  Money may not be disbursed to a claimant pursuant to this section unless the claimant shows by a preponderance of the evidence that the damage for which the claimant is seeking compensation was caused solely by elk or game mammals not native to this State.

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

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

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

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

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

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

      (Added to NRS by 1989, 2020; A 1991, 269; 1993, 1678; 1997, 1380; 1999, 437; 2003, 512, 1554; 2013, 1629)

      NRS 504.175  Reports to Legislature.  Repealed. (See chapter 337, Statutes of Nevada 2013, at page 1634.)

 

      NRS 504.185  Inapplicability to certain alternative livestock and game mammals.  The provisions of NRS 504.155 to 504.185, inclusive, do not apply to:

      1.  Alternative livestock; or

      2.  Game mammals not native to this State,

Ę that are held in captivity for purposes other than as required by the Department.

      (Added to NRS by 1993, 431; A 1995, 514; 2003, 1554)

CAPTURE, SEIZURE OR DESTRUCTION OF RELEASED OR ESCAPED WILDLIFE

      NRS 504.245  Authority and immunity of Department; duty and liability of owner or possessor of wildlife.

      1.  Any species of wildlife, including alternative livestock, that:

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

      (b) Escapes from the possessor’s control,

Ę may be captured, seized or destroyed by the Department if the Department determines that such actions are necessary to protect wildlife and the habitat of wildlife in this State.

      2.  The owner or possessor of such wildlife:

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

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

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

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

POSSESSION OF LIVE WILDLIFE

      NRS 504.295  Prohibited acts; regulations; licenses; inapplicability to alternative livestock.

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

      (a) Possess any live wildlife unless the person is licensed by the Department to do so.

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

      (c) Possess or release from confinement any mammal for the purposes of hunting.

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

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

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

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

SHOOTING PRESERVES FOR UPLAND GAME BIRDS

      NRS 504.300  Establishment of commercial or private shooting preserve.  Any person who owns or controls the shooting rights or privileges on an enclosed tract of land may establish a commercial or private shooting preserve for the propagation, culture and maintenance of upland game birds pursuant to the provisions of this chapter and commission regulations.

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

      NRS 504.310  License: Application; issuance; fee.

      1.  Before being entitled to the benefits of any commercial or private shooting preserve, the owner or proprietor thereof must make application to the Department. The application must set forth:

      (a) The name and location of the shooting preserve.

      (b) A legal description of the area included in the preserve.

      (c) A statement whether the preserve is to be a commercial or private preserve.

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

      2.  If, after investigation, the Department is satisfied that the tract is suitable for the purpose, and that the establishment of such a preserve will not conflict with the public interest, the Department may issue a commercial or private shooting preserve license upon the payment of a license fee as provided in NRS 502.240.

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

      NRS 504.320  Rules and regulations governing species that may be taken.  The Commission may establish rules and regulations governing the species of upland game birds that may be taken on a commercial or private shooting preserve.

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

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

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

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

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

      NRS 504.350  Invoices for birds taken.

      1.  No game bird taken in accordance with the provisions of NRS 504.300 to 504.380, inclusive, may be removed from the licensed premises until the licensee or the licensee’s agent has attached thereto an invoice, signed by the licensee or the licensee’s agent, stating:

      (a) The number of the licensee’s license.

      (b) The name of the shooting preserve.

      (c) The date that the birds were killed.

      (d) The kind and number of such birds.

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

      2.  The invoice must authorize transportation and use of the birds.

      3.  Within 1 week thereafter, the licensee or the licensee’s agent shall mail, postpaid, a duplicate of the invoice to the Department.

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

      NRS 504.360  Records and reports of licensees; inspections.  Every licensee of a commercial or private shooting preserve under this chapter shall keep records and make an annual report to the Department of the number of birds released and the number of birds killed on the preserve. The report must be verified by the affidavit of the licensee or the licensee’s agent. The record must be continuous and kept on the premises described in the application for license, and the licensee shall allow any person authorized to enforce the provisions of this Title to enter such premises and inspect the licensee’s operations and records at all reasonable hours.

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

      NRS 504.370  Rules and regulations for operation and maintenance of preserves.

      1.  The Commission is authorized to prescribe rules and regulations for the operation and maintenance of commercial and private shooting preserves so as to provide for the manner of taking, possession and disposal of game birds therefrom, the kind and type of records to be kept by the licensee and the manner of enclosing and posting the licensed premises, not inconsistent with the provisions of NRS 504.300 to 504.380, inclusive.

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

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

      NRS 504.380  Penalties.  The violation of any of the provisions of NRS 504.300 to 504.370, inclusive, or the rules and regulations prescribed by the Commission is punishable in accordance with the provisions of NRS 501.385, and in addition thereto any license issued under the provisions of NRS 504.300 to 504.370, inclusive, may be revoked by the Commission or by a court of competent jurisdiction for the balance of the license term, and no new license may be issued during the same license year.

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

HUNTING AND FISHING GUIDES

      NRS 504.390  Licensing; records; regulations. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  As used in this section, unless the context otherwise requires:

      (a) “Compensation” means any remuneration given in exchange for providing guide service which is predicated on a business relationship between the parties. The term does not include any reimbursement for shared trip expenses, including, without limitation, expenses for gasoline, food or any other costs that are generally associated with persons who are engaging in recreational hunting or fishing together.

      (b) “Guide” means to assist another person for compensation in hunting wild mammals or wild birds and fishing and includes the transporting of another person or the person’s equipment to hunting and fishing locations within a general hunting and fishing area whether or not the guide determines the destination or course of travel.

      2.  Each person who provides guide service for compensation or provides guide service as an incidental service to customers of any commercial enterprise, whether a direct fee is charged for the guide service or not, must obtain a master guide license from the Department. Such a license must not be issued to any person who has not reached 21 years of age.

      3.  Except as otherwise provided in this subsection, each person who assists a person who is required to have a master guide license and acts as a guide in the course of that activity must obtain a subguide license from the Department. Such a license must not be issued to any person who has not reached 18 years of age. The provisions of this subsection do not apply to a person who:

      (a) Is employed by or assists a person who holds a master guide license solely for the purpose of cooking, cutting wood, caring for, grooming or saddling livestock, or transporting a person by motor vehicle to or from a public facility for transportation, including, without limitation, a public airport.

      (b) Holds a master guide license which authorizes the person to provide services for the same species and in the same areas as the guide who employs him or her or requests the person’s assistance and has submitted to the Department a notarized statement which indicates that the person is employed by or provides assistance to the guide. The statement must be signed by both guides.

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

      5.  Any person who desires a master guide license must apply for the license on a form prescribed and furnished by the Department. The application must contain the social security number of the applicant and such other information as the Commission may require by regulation. If that person was not licensed as a master guide during the previous licensing year, the person’s application must be accompanied by a nonrefundable fee of $1,500.

      6.  Any person who desires a subguide license must apply for the license on a form prescribed and furnished by the Department. If that person was not licensed as a subguide during the previous licensing year, the person’s application must be accompanied by a nonrefundable fee of $50.

      7.  It is unlawful for the holder of a master guide license to operate in any area where a special use permit is required without first obtaining a permit unless the holder is employed by or providing assistance to a guide pursuant to subsection 3.

      8.  The holder of a master guide license shall maintain records of the number of hunters and anglers served, and any other information which the Department may require concerning fish and game taken by such persons. The information must be furnished to the Department on request.

      9.  If any licensee under this section, or person served by a licensee, is convicted of a violation of any provision of this title or chapter 488 of NRS, the Commission may revoke the license of the licensee and may refuse issuance of another license to the licensee for a period not to exceed 5 years.

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

      11.  The Department may issue master guide and subguide licenses that are valid only in certain management areas, management units or administrative regions in such a manner as may be determined by the regulations of the Commission.

      [Part 84:101:1947; A 1949, 292; 1943 NCL § 3035.84]—(NRS A 1969, 1374; 1971, 577; 1985, 1353; 1987, 1454; 1989, 1781; 1991, 269, 1576; 1993, 1680; 1997, 2087; 2003, 1556, 2552; 2005, 1312; 2009, 446)

      NRS 504.390  Licensing; records; regulations. [Effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  As used in this section, unless the context otherwise requires:

      (a) “Compensation” means any remuneration given in exchange for providing guide service which is predicated on a business relationship between the parties. The term does not include any reimbursement for shared trip expenses, including, without limitation, expenses for gasoline, food or any other expenses that are generally associated with persons who are engaging in recreational hunting or fishing together.

      (b) “Guide” means to assist another person for compensation in hunting wild mammals or wild birds and fishing and includes the transporting of another person or the person’s equipment to hunting and fishing locations within a general hunting and fishing area whether or not the guide determines the destination or course of travel.

      2.  Each person who provides guide service for compensation or provides guide service as an incidental service to customers of any commercial enterprise, whether a direct fee is charged for the guide service or not, must obtain a master guide license from the Department. Such a license must not be issued to any person who has not reached 21 years of age.

      3.  Except as otherwise provided in this subsection, each person who assists a person who is required to have a master guide license and acts as a guide in the course of that activity must obtain a subguide license from the Department. Such a license must not be issued to any person who has not reached 18 years of age. The provisions of this subsection do not apply to a person who:

      (a) Is employed by or assists a person who holds a master guide license solely for the purpose of cooking, cutting wood, caring for, grooming or saddling livestock, or transporting a person by motor vehicle to or from a public facility for transportation, including, without limitation, a public airport.

      (b) Holds a master guide license which authorizes the person to provide services for the same species and in the same areas as the guide who employs him or her or requests the person’s assistance and has submitted to the Department a notarized statement which indicates that the person is employed by or provides assistance to the guide. The statement must be signed by both guides.

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

      5.  Any person who desires a master guide license must apply for the license on a form prescribed and furnished by the Department. The application must contain such information as the Commission may require by regulation. If that person was not licensed as a master guide during the previous licensing year, the person’s application must be accompanied by a nonrefundable fee of $1,500.

      6.  Any person who desires a subguide license must apply for the license on a form prescribed and furnished by the Department. If that person was not licensed as a subguide during the previous licensing year, the person’s application must be accompanied by a nonrefundable fee of $50.

      7.  It is unlawful for the holder of a master guide license to operate in any area where a special use permit is required without first obtaining a permit unless the holder is employed by or providing assistance to a guide pursuant to subsection 3.

      8.  The holder of a master guide license shall maintain records of the number of hunters and anglers served, and any other information which the Department may require concerning fish and game taken by such persons. The information must be furnished to the Department on request.

      9.  If any licensee under this section, or person served by a licensee, is convicted of a violation of any provision of this title or chapter 488 of NRS, the Commission may revoke the license of the licensee and may refuse issuance of another license to the licensee for a period not to exceed 5 years.

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

      11.  The Department may issue master guide and subguide licenses that are valid only in certain management areas, management units or administrative regions in such a manner as may be determined by the regulations of the Commission.

      [Part 84:101:1947; A 1949, 292; 1943 NCL § 3035.84]—(NRS A 1969, 1374; 1971, 577; 1985, 1353; 1987, 1454; 1989, 1781; 1991, 269, 1576; 1993, 1680; 1997, 2087; 2003, 1556, 2552; 2005, 1312, 1313; 2009, 446, 447, effective on the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings)

      NRS 504.393  Submission of certain information regarding holder of license to Division of Welfare and Supportive Services of Department of Health and Human Services. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]  The Department shall, upon request of the Division of Welfare and Supportive Services of the Department of Health and Human Services, submit to the Division of Welfare and Supportive Services the name, address and social security number of each person who holds a master guide license or subguide license and any pertinent changes in that information.

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

      NRS 504.395  Acting as guide without license; penalty; forfeiture; revocation.

      1.  Any person who purposefully or knowingly acts as a master guide or as a subguide without first obtaining a license pursuant to NRS 504.390 is guilty of:

      (a) For a first offense, a gross misdemeanor.

      (b) For a second or subsequent offense, a category E felony and shall be punished as provided in NRS 193.130.

      2.  Any vessel, vehicle, aircraft, pack or riding animal or other equipment used by a person operating in violation of subsection 1 is subject to forfeiture upon the conviction of that person of a gross misdemeanor or felony if that person knew or should have known that the vessel, vehicle, aircraft, animal or equipment would be used in violation of subsection 1.

      3.  In addition to any penalty imposed pursuant to subsection 1, if a person is convicted of violating a provision of that subsection, the Commission shall:

      (a) Revoke any license, permit or privilege issued to that person pursuant to this title; and

      (b) Refuse to issue any new license, permit or privilege to the person for 5 years after the date of the conviction.

      (Added to NRS by 1987, 1454; A 2009, 449)

      NRS 504.397  Compensation of master guide or subguide; proof of licensure; penalty.

      1.  A person shall not, directly or indirectly, knowingly compensate a person who holds himself or herself out as providing guide service or engaging in business as a master guide or subguide, or acting in any other capacity for which a master guide license or subguide license is required pursuant to NRS 504.390, unless the person acting in that capacity provides proof that he or she is a holder of such a master guide license or subguide license to the person providing the compensation.

      2.  A person who violates the provisions of subsection 1 is guilty of a misdemeanor.

      (Added to NRS by 2009, 446)

      NRS 504.398  Suspension of license for failure to pay child support or comply with certain subpoenas or warrants; reinstatement of license. [Effective until the date of the repeal of 42 U.S.C. § 666, the federal law requiring each state to establish procedures for withholding, suspending and restricting the professional, occupational and recreational licenses for child support arrearages and for noncompliance with certain processes relating to paternity or child support proceedings.]

      1.  If the Department receives a copy of a court order issued pursuant to NRS 425.540 that provides for the suspension of all professional, occupational and recreational licenses, certificates and permits issued to a person who is the holder of a master guide license or subguide license, the Department shall deem the license issued to that person to be suspended at the end of the 30th day after the date on which the court order was issued unless the Department receives a letter issued to the holder of the license by the district attorney or other public agency pursuant to NRS 425.550 stating that the holder of the license has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

      2.  The Department shall reinstate a master guide license or subguide license that has been suspended by a district court pursuant to NRS 425.540 if the Department receives a letter issued by the district attorney or other public agency pursuant to NRS 425.550 to the person whose license was suspended stating that the person whose license was suspended has complied with the subpoena or warrant or has satisfied the arrearage pursuant to NRS 425.560.

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

PRESERVATION OF WILD HORSES

      NRS 504.490  Unlawful acts; penalty.

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

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

      (b) Converts a wild horse to private use;

      (c) Harasses a wild horse or, except as otherwise provided in subsection 2, kills a wild horse;

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

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

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

      (g) Sells a wild horse which strays onto private property,

Ę is guilty of a gross misdemeanor.

      2.  A person who willfully and maliciously kills a wild horse is guilty of a category C felony and shall be punished as provided in NRS 193.130.

      (Added to NRS by 1985, 1889; A 1999, 2516; 2011, 2480)