NRS: CHAPTER 504 - MANAGEMENT AND PROPAGATION

[Rev. 1/17/2009 7:13:21 PM]

CHAPTER 504 - MANAGEMENT AND PROPAGATION

WILDLIFE MANAGEMENT AREAS

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

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.

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 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 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.

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 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 504.430 Definitions.

NRS 504.440 Commission for Preservation of Wild Horses: Creation; membership; terms and compensation of members; meetings.

NRS 504.450 Heil Trust Fund for Wild Horses.

NRS 504.460 Appointment and duties of Administrator of Commission; prerequisites to filing of certain protests or appeals on behalf of Commission; review by Commission.

NRS 504.470 Powers and duties of Commission.

NRS 504.480 Agreements with Federal Government.

NRS 504.485 Wildlife agencies required to confer with Commission regarding consultations with Secretary of Interior.

NRS 504.490 Unlawful acts; penalty.

_________

WILDLIFE MANAGEMENT AREAS

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

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 fishermen 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.

(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.

(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 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)

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,

Ê 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 and 504.175.

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)

NRS 504.175 Reports to Legislature. The Director shall, on or before the fifth calendar day of each regular session of the Legislature, submit to the Legislature a report summarizing the actions taken by the Department to prevent or mitigate damage caused by elk or game mammals not native to this state. The report must include a list of the expenditures made pursuant to this section and NRS 504.155 and 504.165 during the preceding biennium and a determination of the amount of money remaining for those purposes.

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

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,

Ê 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,

Ê 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 he is licensed by the Department to do so.

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

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.

(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 his agent has attached thereto an invoice, signed by the licensee or his agent, stating:

(a) The number of his license.

(b) The name of the shooting preserve.

(d) The kind and number of such birds.

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

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

3. Within 1 week thereafter, the licensee or his 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 his 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 his 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

1. As used in this section, unless the context requires otherwise, “guide” means to assist another person in hunting wild mammals or wild birds and fishing and includes the transporting of another person or his 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 or caring for, grooming or saddling livestock; or

(b) Holds a master guide license which authorizes him to provide services for the same species and in the same areas as the guide who employs him or requests his assistance and has submitted to the Department a notarized statement which indicates that he 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, his 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, his 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 he 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 fishermen 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)

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

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, his application must be accompanied by a nonrefundable fee of $1,500.

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

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

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 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.

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

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 if that person knew or should have known that the vessel, vehicle, aircraft, animal or equipment would be used in violation of subsection 1.

(Added to NRS by 1987, 1454)

1. If the Department receives a copy of a 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 504.430 Definitions. As used in NRS 504.430 to 504.490, inclusive:

1. “Administrator” means the Administrator of the Commission.

2. “Commission” means the Commission for the Preservation of Wild Horses.

3. “Director” means the Director of the State Department of Conservation and Natural Resources.

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

5. “Wild horse” means a horse, mare or colt which is unbranded and unclaimed and lives on public land.

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

NRS 504.440 Commission for Preservation of Wild Horses: Creation; membership; terms and compensation of members; meetings.

1. There is hereby created in the State Department of Conservation and Natural Resources the Commission for the Preservation of Wild Horses. The Commission consists of five members appointed by the Governor as follows:

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

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

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

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

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

3. Each member of the Commission is entitled to receive a salary of not more than $80, as fixed by the Commission, for each day he is engaged in the business of the Commission.

4. While engaged in the business of the Commission, each member of the Commission is entitled to receive the per diem allowance and travel expenses provided for state officers and employees generally.

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

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

NRS 504.450 Heil Trust Fund for Wild Horses.

1. There is hereby created as a trust fund, the Heil Trust Fund for Wild Horses. The Fund is a continuing fund without reversion. All money received from the Heil Trust, and all money from any other source designated for deposit in the Fund, must be deposited in that Fund. The Director shall administer the Fund.

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

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

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

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

NRS 504.460 Appointment and duties of Administrator of Commission; prerequisites to filing of certain protests or appeals on behalf of Commission; review by Commission.

1. The Director shall appoint an Administrator who is in the unclassified service of the State and serves at the pleasure of the Director. The Administrator must have substantial knowledge of wild horses and their habitat and an interest in their protection. The Administrator shall appoint any clerical or technical employees necessary to carry out his duties.

2. The Administrator shall:

(a) Carry out the policies of the Commission; and

(b) Act as the recording secretary for the Commission.

3. No written protest, petition for judicial review or appeal of an administrative decision concerning the management of wild horses may be filed in any action or proceeding on behalf of the Commission by the Administrator or any other person unless the filing is approved by the Director and a copy of the filing is provided to:

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

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

Ê The Commission shall review the matter concerning the filing at its next meeting.

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

NRS 504.470 Powers and duties of Commission.

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

(a) Promote the management and protection of wild horses;

(b) Act as liaison between the State, the general public and interested organizations on the issue of the preservation of wild horses;

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

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

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

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

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

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

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

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

2. The Commission may:

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

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

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

NRS 504.480 Agreements with Federal Government. The Commission may enter into agreements with the Federal Government to:

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

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

3. Finance improvements to benefit wild horses on federal lands.

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

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

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

(Added to NRS by 1991, 910)

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;

(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;

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

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

Ê 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)